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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| casino
pursuant to a casino development and management |
2 |
| contract.
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3 |
| "Casino development and management contract" means a |
4 |
| legally binding
agreement between the Board and one or more |
5 |
| casino operators, as specified in
Section 45 of this Act.
|
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| "Executive director" means the person appointed by the |
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| Board to oversee the
daily operations of the Authority.
|
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| "Gaming Board" means the Illinois Gaming Board created by |
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| the Riverboat
and Casino Gambling Act.
|
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| "Mayor" means the Mayor of the City.
|
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| Section 12. Authority; duties. |
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| (a) There is hereby created a political subdivision, unit |
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| of local government with only those powers authorized by law, |
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| body politic, and municipal corporation, by the name and style |
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| of Chicago Casino Development Authority. |
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| (b) It shall be the duty of the Authority to promote, |
17 |
| operate, and maintain a casino in the City of Chicago and to |
18 |
| construct, equip, and maintain grounds, buildings, and |
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| facilities for that purpose. The Authority is granted all |
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| rights and powers necessary to perform such duties. |
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| Section 15. Board. |
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| (a) The governing and administrative powers of the |
23 |
| Authority shall be vested
in a body known as the Chicago Casino |
24 |
| Development Board. The Board shall
consist of 5 members; 3 |
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LRB095 08248 AMC 39516 a |
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| members of the Board shall be appointed by the Mayor, with the
|
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| advice and consent of the corporate authorities of the City, |
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| and 2 members of the Board shall be appointed by the Governor, |
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| with the advice and consent of the Senate. All appointees shall |
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| be subject to background investigation and approval by the |
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| Gaming Board. One of these
members shall be designated
by the |
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| Mayor to serve as chairperson. If the corporate authorities |
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| fail to
approve or reject a proposed appointment by the Mayor |
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| within 45 days after the
Mayor has submitted the proposed |
10 |
| appointment to the corporate authorities, the
corporate |
11 |
| authorities shall be deemed to have
given consent to the |
12 |
| appointment.
All of the members
appointed by the Mayor shall be |
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| residents of the City.
|
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| (b) A Board member shall not hold any other public office |
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| under the laws or
Constitution of this State or any political |
16 |
| subdivision thereof.
|
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| (c) Board members shall receive $300 for each day the |
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| Authority meets and
shall be entitled to reimbursement of |
19 |
| reasonable expenses incurred in the
performance of their |
20 |
| official duties. A Board member who serves in the office
of |
21 |
| secretary or treasurer may also receive compensation for |
22 |
| services provided
as that officer.
|
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| Section 20. Terms of appointments; resignation and |
24 |
| removal. |
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| (a) The Mayor and Governor shall each appoint one member of |
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LRB095 08248 AMC 39516 a |
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| the Board for an initial term
expiring July 1,
2008 and shall |
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| each appoint one member for an initial term expiring July 1, |
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| 2010, and the Mayor shall appoint one member, who
shall serve |
4 |
| as chairperson, for
an initial term expiring July 1, 2012. At |
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| the expiration of the term of any
member, his or her successor |
6 |
| shall be appointed by the
Mayor or Governor, as appropriate, in |
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| like manner
as appointments for the initial terms.
|
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| (b) All successors shall hold office for a term of 5 years |
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| from the first
day
of July of the year in which they are |
10 |
| appointed, except in the case of an
appointment to fill a |
11 |
| vacancy. All subsequent chairpersons shall hold office
for a |
12 |
| term of 5 years. Each member, including the chairperson, shall |
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| hold
office until the expiration of his or her term and until |
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| his or her successor
is appointed. Nothing shall preclude a |
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| member or a chairperson from serving
consecutive terms. Any
|
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| member may resign from his or her office, to take effect when |
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| his or her
successor has been appointed and has qualified.
|
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| (c) The Mayor may remove any member of the Board appointed |
19 |
| by the Mayor and the Governor may remove any member of the |
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| Board appointed by the Governor upon
a finding of incompetence, |
21 |
| neglect of duty, misfeasance or malfeasance in
office, or for a |
22 |
| violation of Ethics Section 32, on the part of the board member |
23 |
| to be
removed. In addition the Gaming Board may remove any |
24 |
| member of the Board for violation of any provision of the |
25 |
| Riverboat and Casino Gambling Act or the rules and regulations |
26 |
| of the Gaming Board. In case of a member's failure to qualify |
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LRB095 08248 AMC 39516 a |
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| within the time required or
abandonment of his or her office, |
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| or in the case of a member's death,
indictment, or conviction |
3 |
| for, or pleading guilty to, a felony or removal from
office, |
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| his or her office shall become vacant. Each vacancy shall be |
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| filled
for the unexpired term by appointment in like manner, as |
6 |
| in the case of
expiration of the term of a member of the Board.
|
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| Section 25. Organization of Board; meetings. As soon as |
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| practicable after the effective date of this
Act, the Board |
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| shall organize for the transaction of business. The Board shall
|
10 |
| prescribe the time and place for meetings, the manner in
which |
11 |
| special meetings may be called, and the notice that must be |
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| given to
members. All actions and meetings of the Board and its |
13 |
| committees shall be
subject to the provisions of the Open |
14 |
| Meetings Act. Three members of the Board
shall constitute a |
15 |
| quorum for the transaction of business. All substantive
action |
16 |
| of the Board shall be by resolution. The affirmative vote of at |
17 |
| least 3
members shall be necessary for the adoption of any |
18 |
| resolution.
|
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| Section 30. Executive director; officers. |
20 |
| (a) The Board shall appoint
an executive director, after |
21 |
| the completion of a background investigation and approval by |
22 |
| the Gaming Board, who shall be the chief executive officer of |
23 |
| the
Authority. The Board shall fix the compensation of the |
24 |
| executive director.
Subject to the general control of the |
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| Board, the executive director shall be
responsible for the |
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| management of the business, properties, and
employees of the |
3 |
| Authority. The executive director shall direct the
enforcement |
4 |
| of all resolutions, rules, and regulations of the Board, and |
5 |
| shall
perform such other duties as may be prescribed from
time |
6 |
| to time by the Board. All employees and independent |
7 |
| contractors,
consultants, engineers, architects, accountants, |
8 |
| attorneys, financial experts,
construction experts and |
9 |
| personnel, superintendents, managers, and other
personnel |
10 |
| appointed or employed pursuant to this Act shall
report to the |
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| executive director. In addition to any other duties set forth |
12 |
| in
this Act, the executive director shall do all of the |
13 |
| following:
|
14 |
| (1) Direct and supervise the administrative affairs |
15 |
| and activities of the
Authority in accordance with its |
16 |
| rules, regulations, and policies.
|
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| (2) Attend meetings of the Board.
|
18 |
| (3) Keep minutes of all proceedings of the Board.
|
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| (4) Approve all accounts for salaries, per diem |
20 |
| payments, and allowable
expenses of the Board and its |
21 |
| employees and consultants.
|
22 |
| (5) Report and make recommendations to the Board |
23 |
| concerning the terms and
conditions of any casino |
24 |
| development and management contract.
|
25 |
| (6) Perform any other duty that the Board requires for |
26 |
| carrying out the
provisions of this Act.
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| (7) Devote his or her full time to the duties of the |
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| office and not hold
any other office or employment.
|
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| (b) The Board shall select a secretary and a treasurer, who |
4 |
| need not be
members of the Board, to hold office at the |
5 |
| pleasure of the Board. The Board
shall fix the duties and |
6 |
| compensation of each such officer.
|
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| Section 32. Code of Ethics. |
8 |
| (a) No person who is an officer or employee of the |
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| Authority or the City
may have a financial interest, either |
10 |
| directly or indirectly, in his own name
or in the name of any |
11 |
| other person, partnership, association, trust,
corporation, or |
12 |
| other entity, in any contract
or subcontract or the performance |
13 |
| of any work of the Authority. No spouse or immediate family |
14 |
| member living with a person who is a Board member of the |
15 |
| Authority may have a financial interest, either directly or |
16 |
| indirectly, in his or her own name or in the name of any other |
17 |
| person, partnership, association, trust, corporation, or other |
18 |
| entity in any contract or subcontract or the performance of any |
19 |
| work of the Authority. No such person may represent,
either
|
20 |
| professionally or as agent or otherwise, any person, |
21 |
| partnership, association,
trust, corporation, or other |
22 |
| business entity, with respect to any application
or
bid for any |
23 |
| Authority contract or work, nor may any such person take or
|
24 |
| receive, or offer to take or receive, either directly or |
25 |
| indirectly, any money
or other thing of value as a gift or |
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| bribe or means of influencing his or her
vote or action in his |
2 |
| or her official character. Any contract made and
procured in |
3 |
| violation of this Section is void. The provisions of this |
4 |
| Section
shall continue to apply equally and in all respects for |
5 |
| a period of 2 years
from and after the date on which he or she |
6 |
| ceases to be an officer or employee.
|
7 |
| (b) Any person under subsection (a) may provide materials, |
8 |
| merchandise,
property, services, or labor, if:
|
9 |
| (1) the contract is with a person, firm, partnership, |
10 |
| association,
corporation, or other business entity in |
11 |
| which the interested person has less
than a 1% share in the |
12 |
| ownership;
|
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| (2) for a contract the amount of which exceeds $1,500, |
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| the contract is
awarded
after sealed bids to the lowest |
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| responsible bidder; and
|
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| (3) the award of the contract would not cause the |
17 |
| aggregate amount of all
such contracts so awarded to the |
18 |
| same person, firm, association, partnership,
corporation, |
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| or other business entity in the same fiscal year to exceed
|
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| $25,000.
|
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| For the purpose of items (1), (2), and (3) of this |
22 |
| subsection (b), the interested person must publicly disclose |
23 |
| the nature and extent of his or
her interest prior to or during |
24 |
| deliberations concerning the proposed award of
the contract, |
25 |
| and the interested person, if a Board member, must abstain from |
26 |
| voting on the
award of the contract, though he or she shall be |
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LRB095 08248 AMC 39516 a |
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| considered present for the
purposes of establishing a quorum.
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2 |
| A contract for the procurement of public utility services |
3 |
| with a public
utility company is not barred by this Section by |
4 |
| any such person being an
officer or employee of the public |
5 |
| utility company or holding an ownership
interest of no more |
6 |
| than 7 1/2% in the public utility company. Any such person
|
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| having such an interest shall be deemed not to have a |
8 |
| prohibited interest under
this Section.
|
9 |
| (c) Before any contract relating to the ownership or use of |
10 |
| real property is
entered into by and between the Authority, the |
11 |
| identity of every owner and
beneficiary having an interest, |
12 |
| real or personal, in such property, and every
shareholder |
13 |
| entitled to receive more than 1% of the total distributable
|
14 |
| income of any corporation having any interest, real or |
15 |
| personal, in such
property must be disclosed. The disclosure |
16 |
| shall be in writing and shall be
subscribed by an owner, |
17 |
| authorized trustee, corporate official, or managing
agent |
18 |
| under oath. However, if stock in a corporation is publicly |
19 |
| traded and
there is no readily known individual having greater |
20 |
| than a 1% interest,
then a statement to that effect, subscribed |
21 |
| to under oath by an officer of the
corporation or its managing |
22 |
| agent, shall fulfill the disclosure statement
requirement of |
23 |
| this Section. This Section shall be
liberally construed to |
24 |
| accomplish the purpose of requiring the identification
of the |
25 |
| actual parties benefiting from any transaction with the |
26 |
| Authority
involving the procurement of the ownership or use of |
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LRB095 08248 AMC 39516 a |
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| real property thereby.
|
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| (d) Any member of the Board, officer or employee of the |
3 |
| Authority, or other
person, who violates any provision of this |
4 |
| Section, is guilty of a Class 4
felony and in addition thereto, |
5 |
| any office or official position held by any
person so convicted |
6 |
| shall become vacant, and shall be so declared as part of
the |
7 |
| judgment of court.
|
8 |
| (e) As used in this Section: "financial interest" means (i) |
9 |
| any interest as
a result of which the owner currently receives |
10 |
| or is entitled to receive in the
future more than $2,500 per |
11 |
| year; (ii) any interest with a cost or present
value of $5,000 |
12 |
| or more; or (iii) any interest representing more than 1%
of a |
13 |
| corporation, partnership, sole proprietorship, firm, |
14 |
| enterprise,
franchise, organization, holding company, joint |
15 |
| stock company, receivership,
trust, or any legal entity
|
16 |
| organized for profit; provided, however, financial interest |
17 |
| shall not include
(i)
any ownership through purchase at fair |
18 |
| market value or inheritance of less than
1% of the shares of a |
19 |
| corporation, or any corporate subsidiary, parent,
or affiliate |
20 |
| thereof, regardless of the value of or dividends on such |
21 |
| shares,
if such shares are registered on a securities exchange |
22 |
| pursuant to the
Securities Exchange Act of 1934, as amended; |
23 |
| (ii) the authorized compensation
paid to an official or |
24 |
| employee for his office or employment; (iii) a time or
demand |
25 |
| deposit in a financial institution; and (iv) an endowment or |
26 |
| insurance
policy
or annuity contract purchased from an |
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| insurance company.
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| Section 35. General powers of the Authority. In addition to |
3 |
| the specific powers
and duties set forth elsewhere in this Act, |
4 |
| the Authority may do any of the
following: |
5 |
| (1) Adopt and alter an official seal.
|
6 |
| (2) Sue and be sued, plead and be impleaded, all in its own |
7 |
| name, and agree
to binding arbitration of any dispute to which |
8 |
| it is a party.
|
9 |
| (3) Adopt, amend, and repeal by-laws, rules, and |
10 |
| regulations consistent with
furtherance of the powers and |
11 |
| duties provided in this Act.
|
12 |
| (4) Maintain its principal office within the City and such |
13 |
| other offices as
the Board may designate.
|
14 |
| (5) Employ, either as regular employees or independent |
15 |
| contractors,
consultants, engineers, architects, accountants, |
16 |
| attorneys, financial experts,
construction experts and |
17 |
| personnel, superintendents, managers and other
professional |
18 |
| personnel, casino personnel, and such other personnel as may be |
19 |
| necessary in the
judgment of the Board, and fix their |
20 |
| compensation.
|
21 |
| (6) Acquire, hold, lease, use, encumber, transfer, or |
22 |
| dispose of real and
personal property, including the alteration |
23 |
| of or demolition of improvements to
real estate.
|
24 |
| (7) Enter into, revoke, and modify contracts of any kind, |
25 |
| including the
casino development and management contracts |
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| specified in Section 45.
|
2 |
| (9) Subject to the provisions of Section 70,
develop, or |
3 |
| cause to be developed, a master plan for design,
planning, and |
4 |
| development of the casino.
|
5 |
| (10) Negotiate and enter into intergovernmental agreements |
6 |
| with the State
and its agencies, the City, and other units of |
7 |
| local government, in furtherance
of the powers and duties of |
8 |
| the Board.
|
9 |
| (12) Receive and disburse funds for its own corporate |
10 |
| purposes or as
otherwise specified in this Act.
|
11 |
| (13) Borrow money from any source, public or private, for |
12 |
| any corporate
purpose, including, without limitation, working |
13 |
| capital for its operations,
reserve funds, or payment of |
14 |
| interest, and to mortgage, pledge, or otherwise
encumber the |
15 |
| property or funds of the Authority and
to contract with or |
16 |
| engage the services of any person in connection with any
|
17 |
| financing, including financial institutions, issuers of |
18 |
| letters of credit, or
insurers and enter into reimbursement |
19 |
| agreements with this person which may be
secured as if money |
20 |
| were borrowed from the person.
|
21 |
| (14) Issue bonds as provided under this Act.
|
22 |
| (15) Receive and accept from any source, private or public, |
23 |
| contributions,
gifts, or grants of money or property.
|
24 |
| (16) Make loans from proceeds or funds otherwise available |
25 |
| to the extent
necessary or appropriate to accomplish the |
26 |
| purposes of the Authority.
|
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| (17) Provide for the insurance of any property, operations, |
2 |
| officers,
members, agents, or employees of the Authority |
3 |
| against any risk or hazard, to
self-insure or participate in |
4 |
| joint self-insurance pools or entities to insure
against such |
5 |
| risk or hazard, and to provide for the
indemnification of its |
6 |
| officers, members, employees, contractors, or agents
against |
7 |
| any and all risks.
|
8 |
| (18) Require the removal or relocation of any building, |
9 |
| railroad, main,
pipe, conduit, wire, pole, structure, |
10 |
| facility, or equipment as may be needed
to carry out the powers |
11 |
| of the Authority, with the Authority to compensate the
person |
12 |
| required to remove or relocate the building, railroad, main, |
13 |
| pipe,
conduit, wire, pole, structure, facility, or equipment as |
14 |
| provided by law,
without the necessity to secure any approval |
15 |
| from the Illinois Commerce
Commission for such removal or for |
16 |
| such relocation.
|
17 |
| (19) Exercise all the corporate powers granted Illinois |
18 |
| corporations under
the Business Corporation Act of 1983, except |
19 |
| to the extent that
powers are inconsistent with those of a body |
20 |
| politic and corporate of the
State.
|
21 |
| (20) Establish and change its fiscal year.
|
22 |
| (21) Do all things necessary or convenient to carry out the |
23 |
| powers granted
by this Act.
|
24 |
| Section 45. Casino development and management contracts. |
25 |
| (a) The Board shall develop and administer an open and |
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| competitive bidding process
for the
selection of casino |
2 |
| operators to develop and operate a casino within the City.
The |
3 |
| Board shall issue one or more requests for proposal and shall |
4 |
| solicit
proposals from casino operators in response to such a |
5 |
| request. The Board may
establish minimum financial and |
6 |
| investment requirements to determine the
eligibility of |
7 |
| persons to respond to the Board's requests for proposal, and |
8 |
| may
establish and consider such other criteria as it deems |
9 |
| appropriate. The Board
may impose a fee upon persons who |
10 |
| respond to requests for proposal, in order to
reimburse the |
11 |
| Board for its costs in preparing and issuing the requests and
|
12 |
| reviewing the proposals.
|
13 |
| (b) The Board shall ensure that casino development and |
14 |
| management contracts
provide for the development, |
15 |
| construction, and operation of a high quality
casino, and |
16 |
| provide for the maximum
amounts of revenue that reasonably may |
17 |
| be available to the Authority and the
City.
|
18 |
| (c) The Board shall evaluate the responses to its requests |
19 |
| for proposal and
the ability of all persons or entities |
20 |
| responding to its request for proposal
to meet the requirements |
21 |
| of this Act and to undertake and perform the
obligations set |
22 |
| forth in its requests for proposal.
|
23 |
| (d) After the review and evaluation of the proposals |
24 |
| submitted, the Board
shall, in its discretion, enter into one |
25 |
| or more casino development and
management contracts |
26 |
| authorizing the development, construction, and operation
of |
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| the casino, subject to the provisions of the Riverboat and |
2 |
| Casino Gambling
Act. The Board may award a casino development |
3 |
| and management contract to a person or persons submitting |
4 |
| proposals that are not the highest bidders. In doing so it may |
5 |
| take into account other factors, such as experience, financial |
6 |
| condition, assistance in financing, reputation, and any other |
7 |
| factors the Board, in its discretion, believes may increase |
8 |
| revenues at the casino.
|
9 |
| (e) The Board shall transmit to the Gaming Board a copy of |
10 |
| each casino
development and management contract after it is |
11 |
| executed.
|
12 |
| (f) The Board may enter into a casino development and |
13 |
| management contract prior to or
after adopting a resolution |
14 |
| approving a location for the casino and requesting that the |
15 |
| Gaming Board issue an owners license to the Authority under the |
16 |
| Riverboat
and Casino Gambling Act.
|
17 |
| Section 50. Transfer of funds. The revenues received by |
18 |
| the Authority (other than amounts required to be paid pursuant |
19 |
| to the Riverboat and Casino Gambling Act and amounts required |
20 |
| to pay the
operating expenses of the Authority, to pay amounts |
21 |
| due the casino operator pursuant to a casino management and |
22 |
| development contract, to repay any borrowing of the Authority
|
23 |
| made pursuant to Section 35, to pay debt service on any bonds |
24 |
| issued under
Section
75, and to pay any expenses in connection |
25 |
| with the issuance of such bonds
pursuant to Section 75 or |
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LRB095 08248 AMC 39516 a |
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| derivative products pursuant to Section 85) shall
be |
2 |
| transferred
to the
City by the Authority and shall be expended |
3 |
| or obligated by the City as provided in Section 13.2 of the |
4 |
| Riverboat and Casino Gambling Act.
|
5 |
| Section 60. Authority annual expenses. Until sufficient |
6 |
| revenues become available for such purpose, the Authority and
|
7 |
| the City may enter into an intergovernmental agreement
whereby |
8 |
| the Authority shall receive or borrow funds from the City
for |
9 |
| its annual operating expenses.
|
10 |
| Section 65. Acquisition of property; eminent domain |
11 |
| proceedings. |
12 |
| (a) The Authority may acquire in its own name, by gift or |
13 |
| purchase, any real
or personal property or interests in real or |
14 |
| personal property necessary or
convenient to carry out the |
15 |
| purposes of the Act.
|
16 |
| (b) For the lawful purposes of this Act, the City may |
17 |
| acquire by eminent
domain or by condemnation proceedings in the |
18 |
| manner provided by Article VII of
the Code of Civil Procedure, |
19 |
| real or personal property or interests in real
or personal |
20 |
| property located in the City, and may convey to the Authority
|
21 |
| property so acquired. The acquisition of property under this |
22 |
| Section is
declared to be for a public use.
|
23 |
| Section 70. Local regulation. The casino facilities and |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| operations therein
shall be subject to all ordinances and |
2 |
| regulations of the City. The
construction, development, and |
3 |
| operation of the casino shall comply with all
ordinances, |
4 |
| regulations, rules, and controls of the City, including but not
|
5 |
| limited to those relating to zoning and planned development, |
6 |
| building, fire
prevention, and land use. However, the |
7 |
| regulation of gaming operations is
subject to the exclusive |
8 |
| jurisdiction of the Gaming Board, except as limited by the |
9 |
| Riverboat and Casino Gambling Act.
|
10 |
| Section 75. Borrowing. |
11 |
| (a) The Authority may at any time and from time to time |
12 |
| borrow money and
issue bonds as provided in this Section. Bonds |
13 |
| of the Authority may be issued
to provide funds for land |
14 |
| acquisition, site assembly and preparation, and
infrastructure |
15 |
| improvements required in connection with the development of the
|
16 |
| casino; to pay, refund (at the time or in advance of any |
17 |
| maturity or
redemption), or redeem any bonds of the Authority; |
18 |
| to provide or increase a
debt
service reserve fund or other |
19 |
| reserves with respect to any or all of its bonds;
to pay |
20 |
| interest on bonds; or to pay the legal, financial, |
21 |
| administrative, bond
insurance, credit enhancement, and other |
22 |
| legal expenses of the authorization,
issuance, or delivery of |
23 |
| bonds. In this Act, the term "bonds" also includes
notes of any |
24 |
| kind, interim certificates, refunding bonds, or any other |
25 |
| evidence
of obligation for borrowed money issued under this |
|
|
|
09500HB2035sam008 |
- 18 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| Section. Bonds may be
issued in one or more series and may be |
2 |
| payable and secured either on a parity
with or separately from |
3 |
| other bonds.
|
4 |
| (b) The bonds of the Authority shall be payable solely from |
5 |
| one or more of
the following sources: (i) the property or |
6 |
| revenues of the Authority; (ii)
revenues derived from the |
7 |
| casino; (iii) revenues derived from any casino
operator; (iv) |
8 |
| fees, bid proceeds, charges, lease payments, payments required |
9 |
| pursuant to any
casino development and management contract or |
10 |
| other revenues payable to the
Authority, or any
receipts of the |
11 |
| Authority; (v) payments by financial institutions, insurance
|
12 |
| companies, or others pursuant to letters or lines of credit, |
13 |
| policies of
insurance, or purchase agreements; (vi) investment |
14 |
| earnings from funds or
accounts maintained pursuant to a bond |
15 |
| resolution or trust indenture; and (vii)
proceeds of refunding |
16 |
| bonds.
|
17 |
| (c) Bonds shall be authorized by a resolution of the |
18 |
| Authority and may be
secured by a trust indenture by and |
19 |
| between the Authority and a corporate
trustee or trustees, |
20 |
| which may be any trust company or bank having the powers
of a |
21 |
| trust company within or without the State. Bonds
may:
|
22 |
| (i) Mature at a time or times, whether as serial |
23 |
| bonds, term bonds,
or both, not exceeding 40 years from |
24 |
| their respective dates of issue.
|
25 |
| (ii) Without regard to any limitation established |
26 |
| by statute, bear
interest in
the manner or determined |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| by the method provided in the resolution or trust
|
2 |
| indenture.
|
3 |
| (iii) Be payable at a time or times, in the |
4 |
| denominations and form,
including book entry form, |
5 |
| either coupon, registered, or both, and carry the
|
6 |
| registration and privileges as to exchange, transfer |
7 |
| or conversion, and
replacement of mutilated, lost, or |
8 |
| destroyed bonds as the resolution or trust
indenture |
9 |
| may provide.
|
10 |
| (iv) Be payable in lawful money of the United |
11 |
| States at a designated
place.
|
12 |
| (v) Be subject to the terms of purchase, payment, |
13 |
| redemption, refunding,
or refinancing that the |
14 |
| resolution or trust indenture provides.
|
15 |
| (vi) Be executed by the manual or facsimile |
16 |
| signatures of the officers
of the Authority designated |
17 |
| by the Board, which signatures shall be valid at
|
18 |
| delivery even
for one who has ceased to hold office.
|
19 |
| (vii) Be sold at public or private sale in the |
20 |
| manner and upon the terms
determined by the Authority.
|
21 |
| (viii) Be issued in accordance with the provisions |
22 |
| of the Local
Government Debt Reform Act.
|
23 |
| (d) Any resolution or trust indenture may contain, subject |
24 |
| to the Riverboat
and Casino Gambling Act and rules of the |
25 |
| Gaming Board regarding pledging
of interests in holders of |
26 |
| owners licenses, provisions that shall be a part of
the |
|
|
|
09500HB2035sam008 |
- 20 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| contract with the holders of the bonds as to the following:
|
2 |
| (1) Pledging, assigning, or directing the use, |
3 |
| investment, or disposition
of revenues of the Authority or |
4 |
| proceeds or benefits of any contract, including
without |
5 |
| limitation, any rights in any casino development and |
6 |
| management
contract.
|
7 |
| (2) The setting aside of loan funding deposits, debt |
8 |
| service reserves,
capitalized interest accounts, |
9 |
| replacement or operating reserves, cost of
issuance |
10 |
| accounts and sinking funds, and the regulation, |
11 |
| investment, and
disposition thereof.
|
12 |
| (3) Limitations on the purposes to which or the |
13 |
| investments in which the
proceeds of sale of any issue of |
14 |
| bonds or the Authority's revenues and
receipts may be |
15 |
| applied or made.
|
16 |
| (4) Limitations on the issue of additional bonds, the |
17 |
| terms upon which
additional bonds may be issued and |
18 |
| secured, the terms upon which additional
bonds may rank on |
19 |
| a parity with, or be subordinate or superior to, other |
20 |
| bonds.
|
21 |
| (5) The refunding, advance refunding, or refinancing |
22 |
| of outstanding bonds.
|
23 |
| (6) The procedure, if any, by which the terms of any |
24 |
| contract with
bondholders may be altered or amended and the |
25 |
| amount of bonds and holders of
which must consent thereto |
26 |
| and the manner in which consent shall be given.
|
|
|
|
09500HB2035sam008 |
- 21 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| (7) Defining the acts or omissions which shall |
2 |
| constitute a default in the
duties of the Authority to |
3 |
| holders of bonds and providing the rights or
remedies of |
4 |
| such holders in the event of a default, which may include
|
5 |
| provisions
restricting individual rights of action by |
6 |
| bondholders.
|
7 |
| (8) Providing for guarantees, pledges of property, |
8 |
| letters of credit, or
other security,
or insurance for the |
9 |
| benefit of bondholders.
|
10 |
| (9) Any other matter relating to the bonds that the |
11 |
| Authority determines
appropriate.
|
12 |
| (e) No member of the Board, nor any person executing the |
13 |
| bonds, shall be
liable personally on the bonds or subject to |
14 |
| any personal liability by reason
of the issuance of the bonds.
|
15 |
| (f) The Authority may issue and secure bonds in accordance |
16 |
| with the
provisions of the Local Government Credit Enhancement |
17 |
| Act.
|
18 |
| (g) A pledge by the Authority of revenues and receipts as |
19 |
| security for an
issue of bonds or for the performance of its |
20 |
| obligations under any casino
development and management |
21 |
| contract shall
be valid and binding from the time when the |
22 |
| pledge is made. The revenues and
receipts pledged shall |
23 |
| immediately be subject to the lien of the pledge without
any |
24 |
| physical delivery or further act,
and the lien of any pledge |
25 |
| shall be valid and binding against any person having
any claim |
26 |
| of any kind in tort, contract, or otherwise against the |
|
|
|
09500HB2035sam008 |
- 22 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| Authority,
irrespective of whether the person has notice. No |
2 |
| resolution, trust indenture,
management agreement or financing |
3 |
| statement, continuation statement, or other
instrument adopted |
4 |
| or entered into by the Authority need be filed or recorded
in |
5 |
| any public record other than the records of the Authority in |
6 |
| order to
perfect the lien against third persons, regardless of |
7 |
| any contrary provision of
law.
|
8 |
| (h) By its authorizing resolution for particular bonds, the |
9 |
| Authority may
provide for specific terms of those bonds, |
10 |
| including, without limitation, the
purchase price and terms, |
11 |
| interest rate or rates, redemption terms and
principal amounts |
12 |
| maturing in each year, to be established by
one or more members |
13 |
| of the Board or officers of the Authority, all within a
|
14 |
| specific range of discretion established by the authorizing |
15 |
| resolution.
|
16 |
| (i) Bonds that are being paid or retired by issuance, sale, |
17 |
| or delivery of
bonds, and bonds for which sufficient funds have |
18 |
| been deposited with the paying
agent or trustee to provide for |
19 |
| payment of principal and interest thereon, and
any redemption |
20 |
| premium, as provided in the authorizing resolution, shall not |
21 |
| be
considered outstanding for the purposes of this subsection.
|
22 |
| (j) The bonds of the Authority shall not be indebtedness of |
23 |
| the City, of the
State, or of any political subdivision of the |
24 |
| State other than the Authority.
The bonds of the Authority are |
25 |
| not general obligations of the State or the City
and are not |
26 |
| secured by a pledge of the full faith and
credit of the State |
|
|
|
09500HB2035sam008 |
- 23 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| or the City and the holders of bonds of the Authority may
not |
2 |
| require, except as provided in this Act, the application of |
3 |
| revenues or
funds to the payment of bonds of the Authority.
|
4 |
| (k) The State of
Illinois pledges and agrees with the |
5 |
| owners of the bonds that it will not limit
or alter the rights |
6 |
| and powers vested in the Authority by this Act so as to
impair |
7 |
| the terms of any contract made by the Authority with the owners |
8 |
| or in
any way impair the rights and remedies of the owners |
9 |
| until the bonds, together
with interest on them, and all costs |
10 |
| and expenses in connection with any action
or proceedings by or |
11 |
| on behalf of the owners, are fully met and discharged.
The |
12 |
| Authority is authorized to include this pledge and
agreement in |
13 |
| any contract with the owners of bonds issued under this |
14 |
| Section.
|
15 |
| Section 85. Derivative products. With respect to all or |
16 |
| part of any issue
of its bonds, the Authority may enter into |
17 |
| agreements or contracts with any
necessary or appropriate |
18 |
| person, which will have the benefit of providing to
the
|
19 |
| Authority an interest rate basis, cash flow basis, or other |
20 |
| basis different
from that provided in the bonds for the payment |
21 |
| of interest. Such agreements
or contracts may include, without |
22 |
| limitation, agreements or contracts commonly
known as |
23 |
| "interest rate swap agreements", "forward payment conversion
|
24 |
| agreements", "futures", "options", "puts", or "calls" and |
25 |
| agreements or
contracts providing for payments based on levels |
|
|
|
09500HB2035sam008 |
- 24 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| of or changes in interest
rates, agreements or contracts to |
2 |
| exchange cash flows or a series of payments,
or to hedge |
3 |
| payment, rate spread, or similar exposure
|
4 |
| Section 90. Legality for investment. The State of Illinois, |
5 |
| all
governmental entities, all public officers, banks, |
6 |
| bankers, trust companies,
savings banks and institutions, |
7 |
| building and loan associations, savings and
loan associations, |
8 |
| investment companies, and other persons carrying on a
banking
|
9 |
| business, insurance companies, insurance associations, and |
10 |
| other persons
carrying on an insurance business, and all |
11 |
| executors, administrators,
guardians, trustees, and other |
12 |
| fiduciaries may legally invest any sinking
funds,
moneys, or |
13 |
| other funds belonging to them or within their control in
any |
14 |
| bonds issued under this Act. However, nothing in this Section |
15 |
| shall be
construed as relieving any person, firm, or |
16 |
| corporation from any duty of
exercising reasonable care in |
17 |
| selecting securities for purchase or investment.
|
18 |
| Section 95. Tax exemption. The Authority and all of its |
19 |
| operations and
property used for public purposes shall be |
20 |
| exempt from all taxation of any kind
imposed by the State of |
21 |
| Illinois or any political subdivision, school district,
|
22 |
| municipal corporation, or unit of local government of the State |
23 |
| of Illinois.
However, nothing in this Act prohibits the |
24 |
| imposition of any other taxes where
such imposition is not |
|
|
|
09500HB2035sam008 |
- 25 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| prohibited by Section 21 of the Riverboat and Casino
Gambling |
2 |
| Act
|
3 |
| Section 100. Application of laws. The Governmental Account |
4 |
| Audit Act, the
Public Funds Statement Publication Act, and the |
5 |
| Illinois Municipal Budget Law
shall not apply to the Authority.
|
6 |
| Section 105. Budgets and reporting. |
7 |
| (a) Promptly following the execution of each casino |
8 |
| development and
management contract provided for in this Act, |
9 |
| the Authority shall submit a
written report with respect |
10 |
| thereto to the Governor, the Mayor, the Secretary
of the |
11 |
| Senate, the Clerk of the House of Representatives,
and the |
12 |
| Illinois Commission on Government Forecasting and |
13 |
| Accountability.
|
14 |
| (b) The Authority shall annually adopt a current expense |
15 |
| budget for each
fiscal year. The budget may be modified from |
16 |
| time to time in the same manner
and upon the same vote as it may |
17 |
| be adopted. The budget shall include the
Authority's available |
18 |
| funds and estimated revenues and shall provide for
payment of |
19 |
| its obligations and estimated expenditures for the fiscal year,
|
20 |
| including, without limitation, expenditures for |
21 |
| administration, operation,
maintenance and repairs, debt |
22 |
| service, and deposits into reserve and other
funds
and capital |
23 |
| projects.
|
24 |
| (c) The Board shall (i) annually cause the finances of the |
|
|
|
09500HB2035sam008 |
- 26 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| Authority to be
audited by a firm of certified public |
2 |
| accountants and (ii) biannually have the firm of certified |
3 |
| public accountants in item (i) conduct a management audit of |
4 |
| the Authority and all of the operations related in any way to |
5 |
| the casino.
|
6 |
| (d) The Authority shall, for each fiscal year, prepare an |
7 |
| annual report
setting forth information concerning its |
8 |
| activities in the fiscal year and the
status of the development |
9 |
| of the casino. The annual report shall include the
audited |
10 |
| financial statements of the Authority for the fiscal year, the |
11 |
| budget
for the succeeding fiscal year, and the current capital |
12 |
| plan as of the date of
the report. Copies of the annual report |
13 |
| shall be made available to persons who
request them and shall |
14 |
| be submitted not later than 120 days after the end of
the |
15 |
| Authority's fiscal year to the Governor, the Mayor, the |
16 |
| Secretary of the
Senate, the Clerk of the House of |
17 |
| Representatives, and the Commission on Government Forecasting |
18 |
| and Accountability.
|
19 |
| Section 110. Deposit and withdrawal of funds. |
20 |
| (a) All funds deposited by the Authority in any bank or |
21 |
| savings and loan
association shall be placed in the name of the |
22 |
| Authority and shall be withdrawn
or paid out only by check or |
23 |
| draft upon the bank or savings and loan
association, signed by |
24 |
| 2 officers or employees designated by the Board.
|
25 |
| Notwithstanding any other provision of this Section, the Board |
|
|
|
09500HB2035sam008 |
- 27 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| may designate
any of its members or any officer or employee of |
2 |
| the Authority to authorize the
wire transfer of funds deposited |
3 |
| by the secretary-treasurer of funds in a bank
or savings and |
4 |
| loan association for the payment of payroll and employee
|
5 |
| benefits-related expenses.
|
6 |
| No bank or savings and loan association shall receive |
7 |
| public funds as
permitted by this Section unless it has |
8 |
| complied with the requirements
established pursuant to Section |
9 |
| 6 of the Public
Funds Investment Act.
|
10 |
| (b) If any officer or employee whose signature appears upon |
11 |
| any check
or draft issued pursuant to this Act ceases (after |
12 |
| attaching his signature) to
hold his or her office before the |
13 |
| delivery of such a check or draft to the
payee, his or her |
14 |
| signature shall nevertheless be valid and sufficient for all
|
15 |
| purposes with the same effect as if he or she had remained in |
16 |
| office until
delivery thereof.
|
17 |
| Section 115. Purchasing. |
18 |
| (a) All construction contracts and contracts for supplies, |
19 |
| materials,
equipment, and services,
when the cost thereof to |
20 |
| the Authority exceeds $25,000, shall be let to
the lowest |
21 |
| responsible bidder, after advertising for bids, except for the
|
22 |
| following:
|
23 |
| (1) When repair parts, accessories, equipment, or |
24 |
| services are required
for
equipment or services previously |
25 |
| furnished or contracted for;
|
|
|
|
09500HB2035sam008 |
- 28 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| (2) Professional services;
|
2 |
| (3) When services such as water, light, heat, power, |
3 |
| telephone (other than
long-distance service), or telegraph |
4 |
| are required;
|
5 |
| (4) When contracts for the use, purchase, delivery, |
6 |
| movement, or
installation of data processing equipment, |
7 |
| software, or services and
telecommunications equipment,
|
8 |
| software, and services are required;
|
9 |
| (5) Casino development and management contracts, which |
10 |
| shall be awarded as
set forth in Section 45 of this Act.
|
11 |
| (b) All contracts involving less than $25,000 shall be let |
12 |
| by competitive
bidding whenever possible, and in any event in a |
13 |
| manner calculated to ensure
the best interests of the public.
|
14 |
| (c) Each bidder shall disclose in his or her bid the name |
15 |
| of each individual
having a beneficial interest, directly or |
16 |
| indirectly, of more than 1% in such
bidding entity and, if such |
17 |
| bidding entity is a corporation, the names of each
of its |
18 |
| officers and directors. The bidder shall notify the Authority |
19 |
| of any
changes in its ownership or its officers or directors at |
20 |
| the time such
changes occur if the change occurs during the |
21 |
| pendency of a proposal or a
contract.
|
22 |
| (d) In determining the responsibility of any bidder, the |
23 |
| Authority may take
into account the bidder's (or an individual |
24 |
| having a beneficial interest,
directly or indirectly, of more |
25 |
| than 1% in such bidding entity) past record of
dealings with |
26 |
| the Authority, the bidder's experience, adequacy of equipment,
|
|
|
|
09500HB2035sam008 |
- 29 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| and ability to complete performance within the time set, and |
2 |
| other factors
besides financial responsibility, but in no case |
3 |
| shall any such contract be
awarded to any other than the lowest |
4 |
| bidder (in case of purchase or
expenditure) unless authorized |
5 |
| or approved by a vote of at least 4 members of
the Board, and |
6 |
| unless such action is accompanied by a statement in writing
|
7 |
| setting forth the reasons for not awarding the contract to the |
8 |
| highest or
lowest bidder, as the case
may be. The statement |
9 |
| shall be kept on file in the principal office of the
Authority |
10 |
| and open to public inspection.
|
11 |
| (e) Contracts shall not be split into parts involving |
12 |
| expenditures of less
than $25,000 for the purposes of avoiding |
13 |
| the provisions of this Section, and
all such split contracts |
14 |
| shall be void. If any collusion occurs among bidders
or |
15 |
| prospective bidders in restraint of freedom of competition, by |
16 |
| agreement to
bid a fixed amount, to refrain from bidding, or |
17 |
| otherwise, the bids of such
bidders shall be void. Each bidder |
18 |
| shall accompany his or her bid with a sworn
statement that he |
19 |
| or she has not been a party to any such agreement.
|
20 |
| (f) The Authority shall have the right to reject all bids |
21 |
| and to
re-advertise for bids. If after
any such |
22 |
| re-advertisement, no responsible and satisfactory bid, within |
23 |
| the
terms of the re-advertisement, is received, the Authority |
24 |
| may award such
contract without competitive bidding, provided |
25 |
| that it shall not be less
advantageous to the Authority than |
26 |
| any valid bid received pursuant to
advertisement.
|
|
|
|
09500HB2035sam008 |
- 30 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| (g) Advertisements for bids and re-bids shall be published |
2 |
| at least once in
a daily newspaper of general circulation |
3 |
| published in the City
at least 10 calendar days before the time |
4 |
| for
receiving bids, and such advertisements shall also be |
5 |
| posted on readily
accessible bulletin boards in the principal |
6 |
| office of the Authority. Such
advertisements shall state the |
7 |
| time and
place for receiving and opening of bids and, by |
8 |
| reference to plans and
specifications on file at the time of |
9 |
| the first publication or in the
advertisement itself, shall |
10 |
| describe the character of the proposed contract in
sufficient |
11 |
| detail to fully advise prospective bidders of their obligations |
12 |
| and
to ensure free and open competitive bidding.
|
13 |
| (h) All bids in response to advertisements shall be sealed |
14 |
| and shall be
publicly opened by the Authority. All bidders |
15 |
| shall be entitled to be present
in person or by |
16 |
| representatives. Cash or a certified or satisfactory cashier's
|
17 |
| check, as a deposit of good faith, in a reasonable amount to be |
18 |
| fixed by the
Authority before advertising for bids, shall be |
19 |
| required with the proposal of
each bidder. A bond for faithful |
20 |
| performance of the contract with surety or
sureties |
21 |
| satisfactory to the
Authority and adequate insurance may be |
22 |
| required in reasonable amounts to be
fixed by the Authority |
23 |
| before advertising for bids.
|
24 |
| (i) The contract shall be awarded as promptly as possible |
25 |
| after the opening
of bids. The bid of the successful bidder, as |
26 |
| well as the bids of the
unsuccessful bidders, shall be placed |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| on file and be open to public inspection.
All bids shall be |
2 |
| void if any disclosure of the terms of any bid in response
to |
3 |
| an advertisement is made or permitted to be made by the |
4 |
| Authority before the
time fixed for opening bids.
|
5 |
| (j) Notice of each and every contract that is
offered, |
6 |
| including renegotiated contracts and change orders,
shall be |
7 |
| published in an online bulletin. The online bulletin must |
8 |
| include at least the date first offered,
the date submission of |
9 |
| offers is due, the location that offers are to be
submitted to, |
10 |
| a brief purchase description, the method of source selection,
|
11 |
| information of how to obtain a comprehensive purchase |
12 |
| description and any
disclosure and contract forms, and |
13 |
| encouragement to prospective vendors to hire qualified |
14 |
| veterans, as defined by Section 45-67 of the Illinois |
15 |
| Procurement Code, and Illinois residents discharged from any |
16 |
| Illinois adult correctional center. Notice of each and every |
17 |
| contract that is let
or awarded, including renegotiated |
18 |
| contracts and change orders, shall be
published in the online |
19 |
| bulletin and
must include at least all of the
information |
20 |
| specified in this item (j), as well as the name of the |
21 |
| successful
responsible bidder or offeror, the contract price, |
22 |
| and the number of unsuccessful
responsive bidders and any other |
23 |
| disclosure specified in this Section. This notice must be |
24 |
| posted in the online electronic bulletin prior to execution of |
25 |
| the contract.
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| Section 130. Affirmative action and equal opportunity |
2 |
| obligations of
Authority. |
3 |
| (a) The Authority is subject to the requirements of Article |
4 |
| V of Chapter 2-92 (Sections 2-92-650 through 2-92-720 |
5 |
| inclusive) of the Chicago Municipal Code, as now or hereafter |
6 |
| amended, renumbered, or succeeded, concerning a Minority-Owned |
7 |
| and Women-Owned Business Enterprise Procurement Program for |
8 |
| construction contracts, and Chapter 2-92-420 et. seq. of the |
9 |
| Chicago Municipal Code, as now or hereafter amended, |
10 |
| renumbered, or succeeded, concerning a Minority-Owned and |
11 |
| Women-Owned Business Enterprise Procurement Program to |
12 |
| determine the status of a firm as a Minority Business |
13 |
| Enterprise for city procurement purposes.
|
14 |
| (b) The Authority is authorized to enter into agreements |
15 |
| with contractors'
associations, labor unions, and the |
16 |
| contractors working on the development of
the casino to |
17 |
| establish an apprenticeship preparedness training program to
|
18 |
| provide for an increase in the number of minority and female |
19 |
| journeymen and
apprentices in the building trades and to enter |
20 |
| into agreements with
community college districts or other |
21 |
| public or private institutions to provide
readiness training. |
22 |
| The Authority is further authorized to enter into
contracts |
23 |
| with public and private educational institutions and persons in |
24 |
| the
gaming, entertainment, hospitality, and tourism industries |
25 |
| to provide training
for employment in those industries.
|
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| Section 135. Advisory Committee.
An Advisory Committee is |
2 |
| established to monitor, review, and
report on (1) the City's |
3 |
| utilization of minority-owned business enterprises
and |
4 |
| female-owned business enterprises, (2) employment of females, |
5 |
| and (3) employment of
minorities with regard to the development |
6 |
| and construction of the casino as authorized under Section |
7 |
| 7(e-6) of the Riverboat and Casino Gambling Act.
The City of |
8 |
| Chicago shall work with the Advisory Committee in
accumulating |
9 |
| necessary information for the Committee to
submit reports, as |
10 |
| necessary, to the General Assembly and to the
City of Chicago. |
11 |
| The Committee shall consist of 15 members as provided in |
12 |
| this Section. Seven
members shall be selected by the Mayor of |
13 |
| the City of Chicago; 2
members shall be selected by the |
14 |
| President of the Illinois Senate; 2
members shall be selected |
15 |
| by the Speaker of the House of
Representatives; 2 members shall |
16 |
| be selected by the Minority Leader
of the Senate; and 2 members |
17 |
| shall be selected by the
Minority Leader of the House of |
18 |
| Representatives.
The Advisory Committee shall meet |
19 |
| periodically and shall report the information to the Mayor of |
20 |
| the City and to the General Assembly by December 31st of every |
21 |
| year. |
22 |
| The Advisory Committee shall be dissolved on the date that |
23 |
| casino gambling operations are first conducted under the |
24 |
| license authorized under Section 7(e-6) of the Riverboat and |
25 |
| Casino Gambling Act, other than at a temporary facility. |
26 |
|
For the purposes of this Section, the terms "female" and |
|
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| "minority person" have the meanings provided in Section 2 of |
2 |
| the Business Enterprise for Minorities, Females, and Persons |
3 |
| with Disabilities Act. |
4 |
| Section 145. Severability. The provisions of this Act are |
5 |
| severable under Section 1.31 of the Statute on Statutes. |
6 |
| Section 900. Findings. The legislature makes all of the |
7 |
| following findings: |
8 |
| (1) That riverboat gaming has had a negative impact on |
9 |
| horse racing. From 1992, the first full year of riverboat |
10 |
| operations, through 2005, Illinois on-track wagering has |
11 |
| decreased by 42% from $835 million to $482 million. |
12 |
| (2) That this decrease in wagering has negatively |
13 |
| impacted purses for Illinois racing, which has hurt the |
14 |
| State's breeding industry. Between 1991 and 2004 the number |
15 |
| of foals registered with the Department of Agriculture has |
16 |
| decreased by more then 46% from 3,529 to 1,891. |
17 |
| (3) That the decline of the Illinois horseracing and |
18 |
| breeding program, a $2.5 billion industry, would be |
19 |
| reversed if this amendatory Act of the 95th General |
20 |
| Assembly was enacted. By requiring that riverboats agree to |
21 |
| pay those percentages of their gross revenue identified in |
22 |
| Section 7 of the Riverboat and Casino Gambling Act of this |
23 |
| amendatory Act of the 95th General Assembly into the Horse |
24 |
| Racing Equity Trust Fund, total purses in the State may |
|
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|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| increase by 50%, helping Illinois tracks to better compete |
2 |
| with those in other states. Illinois currently ranks |
3 |
| thirteenth nationally in terms of its purse size; the |
4 |
| change would propel the State to second or third. |
5 |
| (4) That Illinois agriculture and other businesses |
6 |
| that support and supply the horse racing industry, already |
7 |
| a sector that employs over 37,000 Illinoisans, also stand |
8 |
| to substantially benefit and would be much more likely to |
9 |
| create additional jobs should Illinois horse racing once |
10 |
| again become competitive with other states. |
11 |
| (5) That the percentage of gross revenues this |
12 |
| amendatory Act of the 95th General Assembly will contribute |
13 |
| to the horse racing industry will benefit that important |
14 |
| industry for Illinois farmers, breeders, and fans of |
15 |
| horseracing and will begin to address the negative impact |
16 |
| riverboat gaming has had on Illinois horseracing.
|
17 |
| (6) That based on findings (1) through (5) set forth in |
18 |
| Section 1 of Public Act 94-804 and the declared public |
19 |
| policy set forth in the Illinois Horse Racing Act of 1975, |
20 |
| as amended, it is manifest that the horse racing industry |
21 |
| impacts many legitimate State interests and that these |
22 |
| interests have been negatively impacted as a result of |
23 |
| riverboat gaming. The provisions of this amendatory Act of |
24 |
| the 95th General Assembly, coupled with the amendatory |
25 |
| provisions of Public Act 94-804, are designed to promote |
26 |
| the State's interests in preserving the Illinois horse |
|
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| racing and breeders industry, which is an approximately |
2 |
| $2.5 billion industry that employs roughly 37,000 |
3 |
| Illinoisans. |
4 |
| (7) That the main goal of the provisions of this |
5 |
| amendatory Act of the 95th General Assembly, and those of |
6 |
| Public Act 94-804, was and is to assist the Illinois horse |
7 |
| racing and breeding industry by increasing purses, |
8 |
| resulting in making the races more attractive to local and |
9 |
| tourist populations and thereby assisting in the |
10 |
| perpetuation of the industry. |
11 |
| (8) That the legislatures of Indiana, Michigan, and |
12 |
| Pennsylvania have all recognized the public interest in |
13 |
| maintaining a healthy horse racing and breeding industry |
14 |
| and the negative impact casino wagering has on the horse |
15 |
| racing industry by enacting legislation that allocates |
16 |
| funds derived from casino and racino operations to the |
17 |
| horse racing industry. |
18 |
| (9) That the particular impact fee included in this |
19 |
| amendatory Act of the 95th General Assembly is designed to |
20 |
| balance the 2 primary goals of this legislation, which are |
21 |
| (i) to promote and expand the vibrant gaming industry in |
22 |
| Illinois and (ii) to, at the same time, recognize and |
23 |
| counteract the significant impact that riverboat and |
24 |
| casino gambling has had on the horse racing industry, which |
25 |
| is so important to agriculture, tourism, and jobs in |
26 |
| Illinois. Thus, the rate of the impact fee is slightly |
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|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| higher for riverboats and casinos receiving greater gross |
2 |
| gaming receipts, which necessarily have the greatest |
3 |
| impact on horse racing, and somewhat lower for riverboats |
4 |
| and casinos with lesser gross gaming receipts, the economic |
5 |
| viability of which could be threatened by a higher impact |
6 |
| fee liability. |
7 |
| Section 905. The Alcoholism and Other Drug Abuse and |
8 |
| Dependency Act is amended by changing Section 5-20 as follows:
|
9 |
| (20 ILCS 301/5-20)
|
10 |
| Sec. 5-20. Compulsive gambling program.
|
11 |
| (a) Subject to appropriation, the Department shall |
12 |
| establish a program for
public education, research, and |
13 |
| training regarding problem and compulsive
gambling and the |
14 |
| treatment and prevention of problem and compulsive gambling.
|
15 |
| Subject to specific appropriation for these stated purposes, |
16 |
| the program must
include all of the following:
|
17 |
| (1) Establishment and maintenance of a toll-free "800" |
18 |
| telephone number
to provide crisis counseling and referral |
19 |
| services to families experiencing
difficulty as a result of |
20 |
| problem or compulsive gambling.
|
21 |
| (2) Promotion of public awareness regarding the |
22 |
| recognition and
prevention of problem and compulsive |
23 |
| gambling.
|
24 |
| (3) Facilitation, through in-service training and |
|
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|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| other means, of the
availability of effective assistance |
2 |
| programs for problem and compulsive
gamblers.
|
3 |
| (4) Conducting studies to identify adults and |
4 |
| juveniles in this
State who are, or who are at risk of |
5 |
| becoming, problem or compulsive gamblers.
|
6 |
| (b) Subject to appropriation, the Department shall either |
7 |
| establish and
maintain the program or contract with a private |
8 |
| or public entity for the
establishment and maintenance of the |
9 |
| program. Subject to appropriation, either
the Department or the |
10 |
| private or public entity shall implement the toll-free
|
11 |
| telephone number, promote public awareness, and conduct |
12 |
| in-service training
concerning problem and compulsive |
13 |
| gambling.
|
14 |
| (c) Subject to appropriation, the Department shall produce |
15 |
| and supply the
signs specified in Section 10.7 of the Illinois |
16 |
| Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of |
17 |
| 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 |
18 |
| of the Charitable Games Act, and Section 13.1 of the Riverboat
|
19 |
| and Casino Gambling Act.
|
20 |
| (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
|
21 |
| Section 910. The Department of Commerce and Economic |
22 |
| Opportunity Law of the
Civil Administrative Code of Illinois is |
23 |
| amended by adding Section 605-530 as follows: |
24 |
| (20 ILCS 605/605-530 new)
|
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| Sec. 605-530. The Depressed Communities Economic |
2 |
| Development Board. |
3 |
| (a) The Depressed Communities Economic Development Board |
4 |
| is created as an advisory board within the Department of |
5 |
| Commerce and Economic Opportunity. The Board shall consist of |
6 |
| 10 members as follows: |
7 |
| (1) 2 members appointed by the President of the Senate, |
8 |
| one of whom is appointed to serve an initial term of one |
9 |
| year and one of whom is appointed to serve an initial term |
10 |
| of 2 years. |
11 |
| (2) 2 members appointed by the Minority Leader of the |
12 |
| Senate, one of whom is appointed to serve an initial term |
13 |
| of one year and one of whom is appointed to serve an |
14 |
| initial term of 2 years. |
15 |
| (3) 2 members appointed by the Speaker of the House of |
16 |
| Representatives, one of whom is appointed to serve an |
17 |
| initial term of one year and one of whom is appointed to |
18 |
| serve an initial term of 2 years. |
19 |
| (4) 2 members appointed by the Minority Leader of the |
20 |
| House of Representatives, one of whom is appointed to serve |
21 |
| an initial term of one year and one of whom is appointed to |
22 |
| serve an initial term of 2 years. |
23 |
| (5) 2 members appointed by the Governor with the advice |
24 |
| and consent of the Senate, one of whom is appointed to |
25 |
| serve an initial term of one year and one of whom is |
26 |
| appointed to serve an initial term of 2 years as chair of |
|
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|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| the Board at the time of appointment. |
2 |
| After the initial terms, each member shall be appointed to |
3 |
| serve a term of 2 years and until his or her successor has been |
4 |
| appointed and assumes office. If a vacancy occurs in the Board |
5 |
| membership, the vacancy shall be filled in the same manner as |
6 |
| the initial appointment. |
7 |
| (b) Board members shall serve without compensation but may |
8 |
| be reimbursed for their reasonable travel expenses from funds |
9 |
| available for that purpose. The Department of Commerce and |
10 |
| Economic Opportunity shall provide staff and administrative |
11 |
| support services to the Board. |
12 |
| (c) The Board must make recommendations to the Department |
13 |
| of Commerce and Economic Opportunity concerning the award of |
14 |
| grants from amounts appropriated to the Department from the |
15 |
| Depressed Communities Economic Development Fund. The |
16 |
| Department must make grants to public or private entities |
17 |
| submitting proposals to the Board to revitalize an Illinois |
18 |
| depressed community within Cook County. Grants may be used by |
19 |
| these entities only for those purposes conditioned with the |
20 |
| grant. For the purposes of this subsection (c), plans for |
21 |
| revitalizing an Illinois depressed community include plans |
22 |
| intended to curb high levels of poverty, unemployment, job and |
23 |
| population loss, and general distress. An Illinois depressed |
24 |
| community (i) is an area within Cook County where the poverty |
25 |
| rate, as determined by using the most recent data released by |
26 |
| the United States Census Bureau, is at least 3% greater than |
|
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|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| the State poverty rate as determined by using the most recent |
2 |
| data released by the United States Census Bureau; or (ii) is an |
3 |
| area within following zip codes:
60104, 60153, 60160, 60402, |
4 |
| 60406, 60409, 60411, 60419, 60426, 60429, 60432, 60472, 60473, |
5 |
| 60608, 60609, 60612, 60614, 60615, 60617, 60618, 60619, 60620, |
6 |
| 60622, 60623, 60624, 60628, 60629, 60630, 60632, 60636, 60637, |
7 |
| 60638, 60639, 60641, 60643, 60644, 60647, 60649, 60651, 60652, |
8 |
| 60653, 60655, 60804, and 60827.
|
9 |
| Section 915. The Department of Revenue Law of the
Civil |
10 |
| Administrative Code of Illinois is amended by changing Section |
11 |
| 2505-305 as follows:
|
12 |
| (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
|
13 |
| Sec. 2505-305. Investigators.
|
14 |
| (a) The Department has the power to
appoint investigators |
15 |
| to conduct all investigations,
searches, seizures, arrests, |
16 |
| and other duties imposed under the provisions
of any law |
17 |
| administered by the Department
or the Illinois Gaming Board.
|
18 |
| Except as provided in subsection (c), these investigators have
|
19 |
| and
may exercise all the powers of peace officers solely for |
20 |
| the purpose of
enforcing taxing measures administered by the |
21 |
| Department
or the Illinois Gaming Board.
|
22 |
| (b) The Director must authorize to each investigator |
23 |
| employed under this
Section and
to any other employee of the |
24 |
| Department exercising the powers of a peace
officer a
distinct |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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| badge that, on its face, (i) clearly states that the badge is
|
2 |
| authorized
by the
Department and (ii)
contains a unique |
3 |
| identifying number.
No other badge shall be authorized by
the |
4 |
| Department.
|
5 |
| (c) Investigators appointed under this Section who are |
6 |
| assigned to the
Illinois Gaming Board have and may exercise all
|
7 |
| the rights and powers
of peace officers,
provided that these |
8 |
| powers shall be limited to offenses or violations occurring
or |
9 |
| committed on a riverboat or dock or in a casino , as defined in |
10 |
| subsections (d) and (f) of
Section 4 of the Riverboat and |
11 |
| Casino
Gambling Act.
|
12 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, |
13 |
| eff. 1-1-02.)
|
14 |
| Section 920. The State Finance Act is amended by changing |
15 |
| Section 8a and by reenacting and changing Section 8h as |
16 |
| follows:
|
17 |
| (30 ILCS 105/8a)
(from Ch. 127, par. 144a)
|
18 |
| Sec. 8a. Common School Fund; transfers to Common School |
19 |
| Fund and Education
Assistance Fund.
|
20 |
| (a) Except as provided in subsection (b) of this
Section |
21 |
| and except as otherwise provided in this subsection (a) with
|
22 |
| respect to amounts transferred from the General Revenue Fund to |
23 |
| the Common
School Fund for distribution therefrom for the |
24 |
| benefit of the Teachers'
Retirement System of the State of |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| Illinois and the Public School Teachers'
Pension and Retirement |
2 |
| Fund of Chicago:
|
3 |
| (1) With respect to all school districts, for each |
4 |
| fiscal year other
than fiscal year 1994, on or before the |
5 |
| eleventh and
twenty-first days of each of the months of |
6 |
| August through the following July,
at a time or times |
7 |
| designated by the Governor, the State Treasurer
and the |
8 |
| State Comptroller shall transfer from the General Revenue
|
9 |
| Fund to the Common School Fund and Education Assistance |
10 |
| Fund, as
appropriate, 1/24 or so much thereof as may be
|
11 |
| necessary of the amount appropriated to the State Board of |
12 |
| Education for
distribution to all school districts from |
13 |
| such Common School Fund and
Education Assistance Fund, for |
14 |
| the
fiscal year, including interest on the School Fund |
15 |
| proportionate for that
distribution for such year.
|
16 |
| (2) With respect to all school districts, but for |
17 |
| fiscal year 1994 only,
on the 11th day of August, 1993 and |
18 |
| on or before the 11th and
21st days of each of the months |
19 |
| of October, 1993 through July, 1994 at a time
or times |
20 |
| designated by the Governor, the State Treasurer and the |
21 |
| State
Comptroller shall transfer from the General Revenue |
22 |
| Fund to the Common School
Fund 1/24 or so much thereof as |
23 |
| may be necessary of the amount appropriated to
the State |
24 |
| Board of Education for distribution to all school districts |
25 |
| from such
Common School Fund, for fiscal year 1994, |
26 |
| including interest on the School Fund
proportionate for |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| that distribution for such year; and on or before the 21st
|
2 |
| day of August, 1993 at a time or times designated by the |
3 |
| Governor, the State
Treasurer and the State Comptroller |
4 |
| shall transfer from the General Revenue
Fund to the Common |
5 |
| School Fund 3/24 or so much thereof as may be necessary of
|
6 |
| the amount appropriated to the State Board of Education for |
7 |
| distribution to all
school districts from the Common School |
8 |
| Fund, for fiscal year 1994, including
interest |
9 |
| proportionate for that distribution on the School Fund for |
10 |
| such fiscal
year.
|
11 |
| The amounts of the payments made in July of each year: (i) |
12 |
| shall be
considered an outstanding liability as of the 30th day |
13 |
| of June immediately
preceding those July payments, within the |
14 |
| meaning of Section 25 of this Act;
(ii) shall be payable from |
15 |
| the appropriation for the fiscal year that ended on
that 30th |
16 |
| day of June; and (iii) shall be considered payments for claims
|
17 |
| covering the school year that commenced during the immediately |
18 |
| preceding
calendar year.
|
19 |
| Notwithstanding the foregoing provisions of this |
20 |
| subsection, as soon
as may be after the 10th and 20th days of |
21 |
| each of the months of August
through May, 1/24, and on or as |
22 |
| soon as may be after the 10th and 20th days of June, 1/12 of the |
23 |
| annual amount appropriated to the
State Board of Education for |
24 |
| distribution and payment during that fiscal year
from the |
25 |
| Common School Fund to and for the benefit of the Teachers' |
26 |
| Retirement
System of the State of Illinois (until the end of |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| State fiscal year 1995)
and the Public School Teachers' Pension |
2 |
| and Retirement Fund of Chicago as
provided by the Illinois |
3 |
| Pension Code and Section 18-7 of the School Code, or
so much |
4 |
| thereof as may be necessary, shall be transferred by the State
|
5 |
| Treasurer and the State Comptroller from the General Revenue |
6 |
| Fund to the Common
School Fund to permit semi-monthly payments |
7 |
| from the Common School Fund to and
for the benefit of such |
8 |
| teacher retirement systems as required by Section 18-7
of the |
9 |
| School Code.
|
10 |
| Notwithstanding the other provisions of this Section, on or |
11 |
| as soon as
may be after the 15th day of each month, beginning |
12 |
| in July of 1995, 1/12
of the annual amount appropriated for |
13 |
| that fiscal year from the Common School
Fund to the Teachers' |
14 |
| Retirement System of the State of Illinois (other than
amounts |
15 |
| appropriated under Section 1.1 of the State Pension Funds |
16 |
| Continuing
Appropriation Act), or so much thereof as may be |
17 |
| necessary, shall be
transferred by the State Treasurer and the |
18 |
| State Comptroller from the General
Revenue Fund to the Common |
19 |
| School Fund to permit monthly payments from the
Common School |
20 |
| Fund to that retirement system in accordance with Section |
21 |
| 16-158
of the Illinois Pension Code and Section 18-7 of the |
22 |
| School Code, except that
such transfers in fiscal year 2004 |
23 |
| from the General Revenue Fund
to the Common School Fund for the |
24 |
| benefit of the Teachers' Retirement System of
the State of |
25 |
| Illinois shall be reduced in the aggregate by the State
|
26 |
| Comptroller and
State Treasurer to adjust for the amount |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| transferred to the Teachers'
Retirement System of the State of |
2 |
| Illinois pursuant to subsection (a) of
Section 6z-61.
Amounts
|
3 |
| appropriated to the Teachers' Retirement System of the State of |
4 |
| Illinois under
Section 1.1 of the State Pension Funds |
5 |
| Continuing Appropriation Act shall be
transferred by the State |
6 |
| Treasurer and the State Comptroller from the General
Revenue |
7 |
| Fund to the Common School Fund as necessary to provide for the |
8 |
| payment
of vouchers drawn against those appropriations.
|
9 |
| The Governor may notify the State Treasurer and the State |
10 |
| Comptroller to
transfer, at a time designated by the Governor, |
11 |
| such additional amount as
may be necessary to effect advance |
12 |
| distribution to school districts of amounts
that otherwise |
13 |
| would be payable in the next month pursuant to Sections 18-8.05
|
14 |
| through 18-9 of the School Code. The State Treasurer and the |
15 |
| State Comptroller
shall thereupon transfer such additional |
16 |
| amount. The aggregate amount
transferred from the General |
17 |
| Revenue Fund to the Common School Fund in the
eleven months |
18 |
| beginning August 1 of any fiscal year shall not be in excess
of |
19 |
| the amount necessary for payment of claims certified by the |
20 |
| State
Superintendent of Education pursuant to the |
21 |
| appropriation of the Common
School Fund for that fiscal year. |
22 |
| Notwithstanding the provisions of the
first paragraph in this |
23 |
| section, no transfer to effect an advance
distribution shall be |
24 |
| made in any month except on notification, as provided
above, by |
25 |
| the Governor.
|
26 |
| The State Comptroller and State Treasurer shall transfer |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| from the General
Revenue Fund to the Common School Fund and the |
2 |
| Education Assistance Fund
such amounts as may be required to
|
3 |
| honor the vouchers presented by the State Board of Education |
4 |
| pursuant to
Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the |
5 |
| School Code.
|
6 |
| The State Comptroller shall report all transfers provided |
7 |
| for in this Act
to the President of the Senate, Minority Leader |
8 |
| of the Senate, Speaker of
the House, and Minority Leader of the |
9 |
| House.
|
10 |
| (b) On or before the 11th and 21st days of each of the |
11 |
| months of June,
1982 through July, 1983, at a time or times |
12 |
| designated by the Governor,
the State Treasurer and the State |
13 |
| Comptroller shall transfer from the General
Revenue Fund to the |
14 |
| Common School Fund 1/24 or so much thereof as may be
necessary |
15 |
| of the amount appropriated to the State Board of Education for
|
16 |
| distribution from such Common School Fund, for that same fiscal |
17 |
| year, including
interest on the School Fund for such year. The |
18 |
| amounts of the payments
in the months of July, 1982 and July, |
19 |
| 1983 shall be considered an outstanding
liability as of the |
20 |
| 30th day of June immediately preceding such July payment,
|
21 |
| within the meaning of Section 25 of this Act, and shall be |
22 |
| payable from
the appropriation for the fiscal year which ended |
23 |
| on such 30th day of June,
and such July payments shall be |
24 |
| considered payments for claims covering
school years 1981-1982 |
25 |
| and 1982-1983 respectively.
|
26 |
| In the event the Governor makes notification to effect |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| advanced distribution
under the provisions of subsection (a) of |
2 |
| this Section, the aggregate amount
transferred from the General |
3 |
| Revenue Fund to the Common School Fund in the
12 months |
4 |
| beginning August 1, 1981 or the 12 months beginning August 1,
|
5 |
| 1982 shall not be in excess of the amount necessary for payment |
6 |
| of claims
certified by the State Superintendent of Education |
7 |
| pursuant to the
appropriation of the Common School Fund for the |
8 |
| fiscal years commencing on
the first of July of the years 1981 |
9 |
| and 1982.
|
10 |
| (c) In determining amounts to be transferred from the |
11 |
| General Revenue Fund to the Education Assistance Fund, the |
12 |
| amount of moneys transferred from the State Gaming Fund to the |
13 |
| Education Assistance Fund shall be disregarded. The amounts |
14 |
| transferred from the General Revenue Fund shall not be |
15 |
| decreased as an adjustment for any amounts transferred from the |
16 |
| State Gaming Fund to the Education Assistance Fund.
|
17 |
| (Source: P.A. 93-665, eff. 3-5-04; 94-1105, eff. 6-1-07.)
|
18 |
| (30 ILCS 105/8h)
|
19 |
| Sec. 8h. Transfers to General Revenue Fund. |
20 |
| (a) Except as otherwise provided in this Section and |
21 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding |
22 |
| any other
State law to the contrary, the Governor
may, through |
23 |
| June 30, 2007, from time to time direct the State Treasurer and |
24 |
| Comptroller to transfer
a specified sum from any fund held by |
25 |
| the State Treasurer to the General
Revenue Fund in order to |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| help defray the State's operating costs for the
fiscal year. |
2 |
| The total transfer under this Section from any fund in any
|
3 |
| fiscal year shall not exceed the lesser of (i) 8% of the |
4 |
| revenues to be deposited
into the fund during that fiscal year |
5 |
| or (ii) an amount that leaves a remaining fund balance of 25% |
6 |
| of the July 1 fund balance of that fiscal year. In fiscal year |
7 |
| 2005 only, prior to calculating the July 1, 2004 final |
8 |
| balances, the Governor may calculate and direct the State |
9 |
| Treasurer with the Comptroller to transfer additional amounts |
10 |
| determined by applying the formula authorized in Public Act |
11 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may |
12 |
| be made from a fund under this Section that would have the
|
13 |
| effect of reducing the available balance in the fund to an |
14 |
| amount less than
the amount remaining unexpended and unreserved |
15 |
| from the total appropriation
from that fund estimated to be |
16 |
| expended for that fiscal year. This Section does not apply to |
17 |
| any
funds that are restricted by federal law to a specific use, |
18 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity |
19 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid |
20 |
| Provider Relief Fund, the Teacher Health Insurance Security |
21 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, |
22 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, |
23 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal |
24 |
| Projects Fund, the Supreme Court Special State Projects Fund, |
25 |
| the Supplemental Low-Income Energy Assistance Fund, the Good |
26 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Facility Development and Operation Fund, the Horse Racing |
2 |
| Equity Trust Fund, or the Hospital Basic Services Preservation |
3 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 |
4 |
| of the Nursing and Advanced Practice Nursing Act applies. No |
5 |
| transfers may be made under this Section from the Pet |
6 |
| Population Control Fund. Notwithstanding any
other provision |
7 |
| of this Section, for fiscal year 2004,
the total transfer under |
8 |
| this Section from the Road Fund or the State
Construction |
9 |
| Account Fund shall not exceed the lesser of (i) 5% of the |
10 |
| revenues to be deposited
into the fund during that fiscal year |
11 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal |
12 |
| year 2005 through fiscal year 2007, no amounts may be |
13 |
| transferred under this Section from the Road Fund, the State |
14 |
| Construction Account Fund, the Criminal Justice Information |
15 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the |
16 |
| Mandatory Arbitration Fund.
|
17 |
| In determining the available balance in a fund, the |
18 |
| Governor
may include receipts, transfers into the fund, and |
19 |
| other
resources anticipated to be available in the fund in that |
20 |
| fiscal year.
|
21 |
| The State Treasurer and Comptroller shall transfer the |
22 |
| amounts designated
under this Section as soon as may be |
23 |
| practicable after receiving the direction
to transfer from the |
24 |
| Governor.
|
25 |
| (a-5) Transfers directed to be made under this Section on |
26 |
| or before February 28, 2006 that are still pending on May 19, |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory |
2 |
| Act of the 94th General Assembly shall be redirected as |
3 |
| provided in Section 8n of this Act.
|
4 |
| (b) This Section does not apply to: (i) the Ticket For The |
5 |
| Cure Fund; (ii) any fund established under the Community Senior |
6 |
| Services and Resources Act; or (iii) on or after January 1, |
7 |
| 2006 (the effective date of Public Act 94-511), the Child Labor |
8 |
| and Day and Temporary Labor Enforcement Fund. |
9 |
| (c) This Section does not apply to the Demutualization |
10 |
| Trust Fund established under the Uniform Disposition of |
11 |
| Unclaimed Property Act.
|
12 |
| (d) This Section does not apply to moneys set aside in the |
13 |
| Illinois State Podiatric Disciplinary Fund for podiatric |
14 |
| scholarships and residency programs under the Podiatric |
15 |
| Scholarship and Residency Act. |
16 |
| (e) Subsection (a) does not apply to, and no transfer may |
17 |
| be made under this Section from, the Pension Stabilization |
18 |
| Fund.
|
19 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
20 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; |
21 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. |
22 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. |
23 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, |
24 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; |
25 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. |
26 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| eff. 6-6-06; revised 6-19-06.)
|
2 |
| Section 922. The Illinois Procurement Code is amended by |
3 |
| changing Section 50-70 as follows:
|
4 |
| (30 ILCS 500/50-70)
|
5 |
| Sec. 50-70. Additional provisions. This Code is subject
to |
6 |
| applicable provisions of
the following Acts:
|
7 |
| (1) Article 33E of the Criminal Code of 1961;
|
8 |
| (2) the Illinois Human Rights Act;
|
9 |
| (3) the Discriminatory Club Act;
|
10 |
| (4) the Illinois Governmental Ethics Act;
|
11 |
| (5) the State Prompt Payment Act;
|
12 |
| (6) the Public Officer Prohibited Activities Act;
|
13 |
| (7) the Drug Free Workplace Act; and
|
14 |
| (8) the Employee Classification Act ; and
.
|
15 |
| (9) Section 7 of the Riverboat and Casino Gambling Act.
|
16 |
| (Source: P.A. 95-26, eff. 1-1-08.)
|
17 |
| Section 924. If and only if the Regional Transportation |
18 |
| Authority passes a budget in any calendar year on or after the |
19 |
| effective date of this Act with at least $200,000,000 more than |
20 |
| the costs of operating transit services in the Regional |
21 |
| Transportation Authority region approved in calendar year |
22 |
| 2007, not including any amount transferred to the Regional |
23 |
| Transportation Authority pursuant to subsection (b-2) of |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Section 13 of the Riverboat and Casino Gambling Act, then
the |
2 |
| Downstate Public Transportation Act is amended by adding |
3 |
| Section 2-7.1 as follows: |
4 |
| (30 ILCS 740/2-7.1 new)
|
5 |
| Sec. 2-7.1. State Gaming Fund repayment. Notwithstanding |
6 |
| the provisions of Section 2-7 or any other provision of this |
7 |
| Act concerning reimbursement for operating expenses, each |
8 |
| quarterly payment of reimbursement for operating expenses for |
9 |
| fiscal year 2009 to a system that received payment from an |
10 |
| appropriation from amounts transferred to the General Revenue |
11 |
| Fund under subsection (b-2) of Section 13 of the Riverboat and |
12 |
| Casino Gambling Act shall be reduced by one-quarter of the |
13 |
| amount so appropriated and paid to that system. An amount equal |
14 |
| to those reductions shall be transferred from the Public |
15 |
| Transportation Fund or the Metro-East Public Transportation |
16 |
| Fund, whichever is applicable, to the State Gaming Fund. Of |
17 |
| these deposits into the State Gaming Fund, an amount equal to |
18 |
| 30% shall be transferred to the Education Assistance Fund and |
19 |
| an amount equal to 70% shall be transferred to the Capital |
20 |
| Program Acceleration Fund.
|
21 |
| Section 925. The Tobacco Products Tax Act of 1995 is |
22 |
| amended by changing Section 99-99 as follows:
|
23 |
| (35 ILCS 143/99-99)
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Sec. 99-99. Effective date. This Section, Sections 10-1 |
2 |
| through 10-90 of
this Act, the changes to the Illinois |
3 |
| Administrative Procedure Act, the changes
to the State |
4 |
| Employees Group Insurance Act of 1971, the changes to Sec. 5 of
|
5 |
| the Children and Family Services Act, the changes to Sec. 8.27 |
6 |
| of the State
Finance Act, the changes to Secs. 16-136.2, |
7 |
| 16-153.2, and 17-156.3 of the
Illinois Pension Code, Sec. 8.19 |
8 |
| of the State Mandates Act, the changes to Sec.
8.2 of the |
9 |
| Abused and Neglected Child Reporting Act, and the changes to |
10 |
| the
Unemployment Insurance Act take effect upon becoming law.
|
11 |
| The following provisions take effect July 1, 1995: the |
12 |
| changes to the
Illinois Act on the Aging and the Civil |
13 |
| Administrative Code of Illinois; the
changes to Secs. 7 and |
14 |
| 8a-13 of the Children and Family Services Act; the
changes to |
15 |
| the Disabled Persons Rehabilitation Act; Secs. 5.408, 5.409, |
16 |
| 6z-39,
and 6z-40 and the changes to Sec. 8.16 of the State |
17 |
| Finance Act; the changes to
the State Prompt Payment Act, the |
18 |
| Illinois Income Tax Act, and Sec. 16-133.3 of
the Illinois |
19 |
| Pension Code; Sec. 2-3.117 and the changes to Secs. 14-7.02 and
|
20 |
| 14-15.01 of the School Code; Sec. 2-201.5 of the Nursing Home |
21 |
| Care Act; the
changes to the Child Care Act of 1969 and the |
22 |
| Riverboat and Casino Gambling Act; the
changes to Secs. 3-1, |
23 |
| 3-1a, 3-3, 3-4, 3-13, 5-2.1, 5-5, 5-5.02, 5-5.4, 5-13,
5-16.3, |
24 |
| 5-16.5, 5A-2, 5A-3, 5C-2, 5C-7, 5D-1, 5E-10, 6-8, 6-11, 9-11, |
25 |
| 12-4.4,
12-10.2, and 14-8 and the repeal of Sec. 9-11 of the |
26 |
| Illinois Public Aid Code;
the changes to Sec. 3 of the Abused |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| and Neglected Child Reporting Act; and the
changes to the |
2 |
| Juvenile Court Act of 1987, the Adoption Act, and the Probate
|
3 |
| Act of 1975.
|
4 |
| The remaining provisions of this Act take effect on the |
5 |
| uniform effective
date as provided in the Effective Date of |
6 |
| Laws Act.
|
7 |
| (Source: P.A. 89-21, eff. 6-6-95.)
|
8 |
| Section 930. The Joliet Regional Port District Act is |
9 |
| amended by changing Section 5.1 as follows:
|
10 |
| (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
|
11 |
| Sec. 5.1. Riverboat and casino gambling. Notwithstanding |
12 |
| any other provision of
this Act, the District may not regulate |
13 |
| the operation, conduct, or
navigation of any riverboat gambling |
14 |
| casino licensed under the Riverboat and Casino
Gambling Act, |
15 |
| and the District
may not license, tax, or otherwise levy any |
16 |
| assessment of any kind on
any riverboat gambling casino |
17 |
| licensed under the Riverboat and Casino Gambling Act. The
|
18 |
| General Assembly declares that the powers to regulate the |
19 |
| operation,
conduct, and navigation of riverboat gambling |
20 |
| casinos and to license, tax,
and levy assessments upon |
21 |
| riverboat gambling casinos are exclusive powers of
the State of |
22 |
| Illinois and the Illinois Gaming Board as provided in the
|
23 |
| Riverboat and Casino Gambling Act.
|
24 |
| (Source: P.A. 87-1175.)
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Section 932. If and only if the Regional Transportation |
2 |
| Authority passes a budget in any calendar year on or after the |
3 |
| effective date of this Act with at least $200,000,000 more than |
4 |
| the costs of operating transit services in the Regional |
5 |
| Transportation Authority region approved in calendar year |
6 |
| 2007, not including any amount transferred to the Regional |
7 |
| Transportation Authority pursuant to subsection (b-2) of |
8 |
| Section 13 of the Riverboat and Casino Gambling Act, then the |
9 |
| Regional Transportation Authority Act is amended by adding |
10 |
| Section 4.03.2 as follows: |
11 |
| (70 ILCS 3615/4.03.2 new)
|
12 |
| Sec. 4.03.2. State Gaming Fund repayment. Notwithstanding |
13 |
| the provisions of Section 4.03.3 or any other provision of this |
14 |
| Act concerning distribution of proceeds of taxes authorized |
15 |
| under Section 4.03, prior to any other disbursement of the |
16 |
| proceeds of those taxes, at the end of each 30-day period after |
17 |
| the effective date of this Section, the Authority must pay from |
18 |
| those tax proceeds an amount equal to one-twelfth of |
19 |
| $200,000,000 to the State Treasurer to be deposited into the |
20 |
| State Gaming Fund until the total amount of $200,000,000 has |
21 |
| been deposited into the Fund. Of these deposits into the State |
22 |
| Gaming Fund, an amount equal to 30% shall be transferred to the |
23 |
| Education Assistance Fund and an amount equal to 70% shall be |
24 |
| transferred to the Capital Program Acceleration Fund. |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Section 935. The Consumer Installment Loan Act is amended |
2 |
| by changing Section 12.5 as follows:
|
3 |
| (205 ILCS 670/12.5)
|
4 |
| Sec. 12.5. Limited purpose branch.
|
5 |
| (a) Upon the written approval of the Director, a licensee |
6 |
| may maintain a
limited purpose branch for the sole purpose of |
7 |
| making loans as permitted by
this Act. A limited purpose branch |
8 |
| may include an automatic loan machine. No
other activity shall |
9 |
| be conducted at the site, including but not limited to,
|
10 |
| accepting payments, servicing the accounts, or collections.
|
11 |
| (b) The licensee must submit an application for a limited |
12 |
| purpose branch to
the Director on forms prescribed by the |
13 |
| Director with an application fee of
$300. The approval for the |
14 |
| limited purpose branch must be renewed concurrently
with the |
15 |
| renewal of the licensee's license along with a renewal fee of |
16 |
| $300 for
the limited purpose branch.
|
17 |
| (c) The books, accounts, records, and files of the limited |
18 |
| purpose branch's
transactions shall be maintained at the |
19 |
| licensee's licensed location. The
licensee shall notify the |
20 |
| Director of the licensed location at which the books,
accounts, |
21 |
| records, and files shall be maintained.
|
22 |
| (d) The licensee shall prominently display at the limited |
23 |
| purpose branch the
address and telephone number of the |
24 |
| licensee's licensed location.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (e) No other business shall be conducted at the site of the |
2 |
| limited purpose
branch unless authorized by the Director.
|
3 |
| (f) The Director shall make and enforce reasonable rules |
4 |
| for the conduct of
a limited purpose branch.
|
5 |
| (g) A limited purpose branch may not be located
within |
6 |
| 1,000 feet of a facility operated by an inter-track wagering |
7 |
| licensee or
an organization licensee subject to the Illinois |
8 |
| Horse Racing Act of 1975,
on a riverboat or in a casino subject |
9 |
| to
the Riverboat and Casino Gambling Act, or within 1,000 feet |
10 |
| of the location at which the
riverboat docks or within 1,000 |
11 |
| feet of a casino .
|
12 |
| (Source: P.A. 90-437, eff. 1-1-98.)
|
13 |
| Section 940. The Illinois Horse Racing Act of 1975 is |
14 |
| amended by changing
Sections 1.2, 3.12, 3.20, 3.22, 3.23, 9, |
15 |
| 14, 15, 26, 27, 28, 28.1, 30, 31, 36, and 54.5 and adding |
16 |
| Sections 3.28, 3.29, and 31.2 as follows:
|
17 |
| (230 ILCS 5/1.2)
|
18 |
| Sec. 1.2. Legislative intent. This Act is intended to |
19 |
| benefit the people of
the State of Illinois by encouraging the |
20 |
| breeding and production of race
horses, assisting economic |
21 |
| development , and promoting Illinois tourism.
The General |
22 |
| Assembly finds and declares it to be the public policy of the |
23 |
| State
of Illinois to:
|
24 |
| (a) support and enhance Illinois' horse racing industry, |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| which is a
significant
component within the agribusiness |
2 |
| industry;
|
3 |
| (b) ensure that Illinois' horse racing industry remains |
4 |
| competitive with
neighboring states;
|
5 |
| (c) stimulate growth within Illinois' horse racing |
6 |
| industry, thereby
encouraging
new investment and development |
7 |
| to produce additional tax revenues and to
create additional |
8 |
| jobs;
|
9 |
| (d) promote the further growth of tourism;
|
10 |
| (e) encourage the breeding of thoroughbred and |
11 |
| standardbred horses in this
State; and
|
12 |
| (f) ensure that public confidence and trust in the |
13 |
| credibility and integrity
of
racing operations and the |
14 |
| regulatory process is maintained.
|
15 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
16 |
| (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
|
17 |
| Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel |
18 |
| system of
wagering" means a form of wagering on the outcome of
|
19 |
| horse races in which
wagers are made in various
denominations |
20 |
| on a horse or horses
and
all wagers for each race are pooled |
21 |
| and held by a licensee
for distribution in a manner approved by |
22 |
| the Board. Wagers may be placed via any method or at any |
23 |
| location authorized under this Act.
|
24 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
|
|
|
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|
1 |
| (230 ILCS 5/3.20)
|
2 |
| Sec. 3.20. Licensee.
"Licensee" means an individual |
3 |
| organization licensee, an
inter-track wagering licensee, an
or
|
4 |
| inter-track wagering location licensee , or an advance deposit |
5 |
| wagering licensee , as
the context of this Act requires.
|
6 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
7 |
| (230 ILCS 5/3.22)
|
8 |
| Sec. 3.22. Wagering facility.
"Wagering facility" means |
9 |
| any location at which a licensee , other than an advance deposit |
10 |
| wagering licensee,
may
accept or receive pari-mutuel wagers |
11 |
| under this Act.
|
12 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
13 |
| (230 ILCS 5/3.23)
|
14 |
| Sec. 3.23. Wagering.
"Wagering" means, collectively, the |
15 |
| pari-mutuel system of
wagering, inter-track wagering, and
|
16 |
| simulcast wagering , and advance deposit wagering .
|
17 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
18 |
| (230 ILCS 5/3.28 new)
|
19 |
| Sec. 3.28. Advance deposit wagering licensee. "Advance |
20 |
| deposit wagering licensee" means a person licensed by the Board |
21 |
| to conduct advance deposit wagering. An advance deposit |
22 |
| wagering licensee shall be an organization licensee or a person |
23 |
| or third party who contracts with an organization licensee in |
|
|
|
09500HB2035sam008 |
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|
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| order to conduct advance deposit wagering. |
2 |
| (230 ILCS 5/3.29 new)
|
3 |
| Sec. 3.29. Advance deposit wagering. "Advance deposit |
4 |
| wagering" means a method of pari-mutuel wagering in which an |
5 |
| individual may establish an account, deposit money into the |
6 |
| account, and use the account balance to pay for pari-mutuel |
7 |
| wagering authorized by this Act. An advance deposit wager may |
8 |
| be placed in person at a wagering facility or from any other |
9 |
| location via a telephone-type device or any other electronic |
10 |
| means. Any person who accepts an advance deposit wager who is |
11 |
| not licensed by the Board as an advance deposit wagering |
12 |
| licensee shall be considered in violation of this Act and the |
13 |
| Criminal Code of 1961. Any advance deposit wager placed in |
14 |
| person at a wagering facility shall be deemed to have been |
15 |
| placed at that wagering facility.
|
16 |
| (230 ILCS 5/9) (from Ch. 8, par. 37-9)
|
17 |
| Sec. 9. The Board shall have all powers necessary and |
18 |
| proper to fully and
effectively execute the provisions of this |
19 |
| Act, including, but not
limited to, the following:
|
20 |
| (a) The Board is vested with jurisdiction and supervision |
21 |
| over all race
meetings in this State, over all licensees doing |
22 |
| business
in this
State, over all occupation licensees, and over |
23 |
| all persons on the
facilities of any licensee. Such |
24 |
| jurisdiction shall
include the power to issue licenses to the |
|
|
|
09500HB2035sam008 |
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|
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| Illinois Department of
Agriculture authorizing the pari-mutuel |
2 |
| system of wagering
on harness and Quarter Horse races held (1) |
3 |
| at the Illinois State Fair in
Sangamon County, and (2) at the |
4 |
| DuQuoin State Fair in Perry County. The
jurisdiction of the |
5 |
| Board shall also include the power to issue licenses to
county |
6 |
| fairs which are eligible to receive funds pursuant to the
|
7 |
| Agricultural Fair Act, as now or hereafter amended, or their |
8 |
| agents,
authorizing the pari-mutuel system of wagering on horse
|
9 |
| races
conducted at the county fairs receiving such licenses. |
10 |
| Such licenses shall be
governed by subsection (n) of this |
11 |
| Section.
|
12 |
| Upon application, the Board shall issue a license to the |
13 |
| Illinois Department
of Agriculture to conduct harness and |
14 |
| Quarter Horse races at the Illinois State
Fair and at the |
15 |
| DuQuoin State Fairgrounds
during the scheduled dates of each |
16 |
| fair. The Board shall not require and the
Department of |
17 |
| Agriculture shall be exempt from the requirements of Sections
|
18 |
| 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), |
19 |
| (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 |
20 |
| and 25. The Board and the Department
of
Agriculture may extend |
21 |
| any or all of these exemptions to any contractor or
agent |
22 |
| engaged by the Department of Agriculture to conduct its race |
23 |
| meetings
when the Board determines that this would best serve |
24 |
| the public interest and
the interest of horse racing.
|
25 |
| Notwithstanding any provision of law to the contrary, it |
26 |
| shall be lawful for
any licensee to operate pari-mutuel |
|
|
|
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| wagering
or
contract with the Department of Agriculture to |
2 |
| operate pari-mutuel wagering at
the DuQuoin State Fairgrounds |
3 |
| or for the Department to enter into contracts
with a licensee, |
4 |
| employ its owners,
employees
or
agents and employ such other |
5 |
| occupation licensees as the Department deems
necessary in |
6 |
| connection with race meetings and wagerings.
|
7 |
| (b) The Board is vested with the full power to promulgate |
8 |
| reasonable
rules and regulations for the purpose of |
9 |
| administering the provisions of
this Act and to prescribe |
10 |
| reasonable rules, regulations and conditions
under which all |
11 |
| horse race meetings or wagering in the State shall be
|
12 |
| conducted. Such reasonable rules and regulations are to provide |
13 |
| for the
prevention of practices detrimental to the public |
14 |
| interest and to promote the best
interests of horse racing and |
15 |
| to impose penalties for violations thereof.
|
16 |
| (c) The Board, and any person or persons to whom it |
17 |
| delegates
this power, is vested with the power to enter the |
18 |
| facilities and other places of business of any licensee to |
19 |
| determine whether there has been compliance with
the provisions |
20 |
| of this Act and its rules and regulations.
|
21 |
| (d) The Board, and any person or persons to whom it |
22 |
| delegates this
power, is vested with the authority to |
23 |
| investigate alleged violations of
the provisions of this Act, |
24 |
| its reasonable rules and regulations, orders
and final |
25 |
| decisions; the Board shall take appropriate disciplinary |
26 |
| action
against any licensee or occupation licensee for |
|
|
|
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| violation
thereof or
institute appropriate legal action for the |
2 |
| enforcement thereof.
|
3 |
| (e) The Board, and any person or persons to whom it |
4 |
| delegates this power,
may eject or exclude from any race |
5 |
| meeting or
the facilities of any licensee, or any part
thereof, |
6 |
| any occupation licensee or any
other individual whose conduct |
7 |
| or reputation is such that his presence on
those facilities |
8 |
| may, in the opinion of the Board, call into question
the |
9 |
| honesty and integrity of horse racing or wagering or interfere |
10 |
| with the
orderly
conduct of horse racing or wagering; provided, |
11 |
| however, that no person
shall be
excluded or ejected from the |
12 |
| facilities of any licensee solely on the grounds of
race, |
13 |
| color, creed, national origin, ancestry, or sex. The power to |
14 |
| eject
or exclude an occupation licensee or other individual may
|
15 |
| be exercised for just cause by the licensee or the Board, |
16 |
| subject to subsequent hearing by the
Board as to the propriety |
17 |
| of said exclusion.
|
18 |
| (f) The Board is vested with the power to acquire,
|
19 |
| establish, maintain and operate (or provide by contract to
|
20 |
| maintain and operate) testing laboratories and related |
21 |
| facilities,
for the purpose of conducting saliva, blood, urine |
22 |
| and other tests on the
horses run or to be run in any horse race |
23 |
| meeting and to purchase all
equipment and supplies deemed |
24 |
| necessary or desirable in connection with
any such testing |
25 |
| laboratories and related facilities and all such tests.
|
26 |
| (f-5) The Department of Agriculture is vested with the |
|
|
|
09500HB2035sam008 |
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|
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| power to acquire, establish, maintain, and operate (or provide |
2 |
| by contract to maintain and operate) testing laboratories and |
3 |
| related facilities for the purpose of conducting saliva, blood, |
4 |
| urine, and other tests on the horses run or to be run in any |
5 |
| county fair horse race meeting and of purchasing all equipment |
6 |
| and supplies deemed necessary or desirable in connection with |
7 |
| any such testing laboratories and related facilities and all |
8 |
| such tests in any county fair horse race.
|
9 |
| (g) The Board may require that the records, including |
10 |
| financial or other
statements of any licensee or any person |
11 |
| affiliated with the licensee who is
involved directly or |
12 |
| indirectly in the activities of any licensee as regulated
under |
13 |
| this Act to the extent that those financial or other statements |
14 |
| relate to
such activities be kept in
such manner as prescribed |
15 |
| by the Board, and that Board employees shall have
access to |
16 |
| those records during reasonable business
hours. Within 120 days |
17 |
| of the end of its fiscal year, each licensee shall
transmit to
|
18 |
| the Board
an audit of the financial transactions and condition |
19 |
| of the licensee's total
operations. All audits shall be |
20 |
| conducted by certified public accountants.
Each certified |
21 |
| public accountant must be registered in the State of Illinois
|
22 |
| under the Illinois Public Accounting Act. The compensation for |
23 |
| each certified
public accountant shall be paid directly by the |
24 |
| licensee to the certified
public accountant. A licensee shall |
25 |
| also submit any other financial or related
information the |
26 |
| Board deems necessary to effectively administer this Act and
|
|
|
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|
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| all rules, regulations, and final decisions promulgated under |
2 |
| this Act.
|
3 |
| (h) The Board shall name and appoint in the manner provided |
4 |
| by the rules
and regulations of the Board: an Executive |
5 |
| Director; a State director
of mutuels; State veterinarians and |
6 |
| representatives to take saliva, blood,
urine and other tests on |
7 |
| horses; licensing personnel; revenue
inspectors; and State |
8 |
| seasonal employees (excluding admission ticket
sellers and |
9 |
| mutuel clerks). All of those named and appointed as provided
in |
10 |
| this subsection shall serve during the pleasure of the Board; |
11 |
| their
compensation shall be determined by the Board and be paid |
12 |
| in the same
manner as other employees of the Board under this |
13 |
| Act.
|
14 |
| (i) The Board shall require that there shall be 3 stewards |
15 |
| at each horse
race meeting, at least 2 of whom shall be named |
16 |
| and appointed by the Board.
Stewards appointed or approved by |
17 |
| the Board, while performing duties
required by this Act or by |
18 |
| the Board, shall be entitled to the same rights
and immunities |
19 |
| as granted to Board members and Board employees in Section
10 |
20 |
| of this Act.
|
21 |
| (j) The Board may discharge any Board employee
who fails or |
22 |
| refuses for any reason to comply with the rules and
regulations |
23 |
| of the Board, or who, in the opinion of the Board,
is guilty of |
24 |
| fraud, dishonesty or who is proven to be incompetent.
The Board |
25 |
| shall have no right or power to determine who shall be |
26 |
| officers,
directors or employees of any licensee, or their |
|
|
|
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|
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| salaries
except the Board may, by rule, require that all or any |
2 |
| officials or
employees in charge of or whose duties relate to |
3 |
| the actual running of
races be approved by the Board.
|
4 |
| (k) The Board is vested with the power to appoint
delegates |
5 |
| to execute any of the powers granted to it under this Section
|
6 |
| for the purpose of administering this Act and any rules or |
7 |
| regulations
promulgated in accordance with this Act.
|
8 |
| (l) The Board is vested with the power to impose civil |
9 |
| penalties of up to
$5,000 against an individual and up to |
10 |
| $10,000 against a
licensee for each
violation of any provision |
11 |
| of this Act, any rules adopted by the Board, any
order of the |
12 |
| Board or any other action which, in the Board's discretion, is
|
13 |
| a detriment or impediment to horse racing or wagering.
|
14 |
| (m) The Board is vested with the power to prescribe a form |
15 |
| to be used
by licensees as an application for employment for |
16 |
| employees of
each licensee.
|
17 |
| (n) The Board shall have the power to issue a license
to |
18 |
| any county fair, or its
agent, authorizing the conduct of the |
19 |
| pari-mutuel system of
wagering. The Board is vested with the |
20 |
| full power to promulgate
reasonable rules, regulations and |
21 |
| conditions under which all horse race
meetings licensed |
22 |
| pursuant to this subsection shall be held and conducted,
|
23 |
| including rules, regulations and conditions for the conduct of |
24 |
| the
pari-mutuel system of wagering. The rules, regulations and
|
25 |
| conditions shall provide for the prevention of practices |
26 |
| detrimental to the
public interest and for the best interests |
|
|
|
09500HB2035sam008 |
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|
1 |
| of horse racing, and shall
prescribe penalties for violations |
2 |
| thereof. Any authority granted the
Board under this Act shall |
3 |
| extend to its jurisdiction and supervision over
county fairs, |
4 |
| or their agents, licensed pursuant to this subsection.
However, |
5 |
| the Board may waive any provision of this Act or its rules or
|
6 |
| regulations which would otherwise apply to such county fairs or |
7 |
| their agents.
|
8 |
| (o) Whenever the Board is authorized or
required by law to |
9 |
| consider some aspect of criminal history record
information for |
10 |
| the purpose of carrying out its statutory powers and
|
11 |
| responsibilities, then, upon request and payment of fees in |
12 |
| conformance
with the requirements of Section 2605-400 of
the |
13 |
| Department of State Police Law (20 ILCS 2605/2605-400), the |
14 |
| Department of State Police is
authorized to furnish, pursuant |
15 |
| to positive identification, such
information contained in |
16 |
| State files as is necessary to fulfill the request.
|
17 |
| (p) To insure the convenience, comfort, and wagering |
18 |
| accessibility of
race track patrons, to provide for the |
19 |
| maximization of State revenue, and
to generate increases in |
20 |
| purse allotments to the horsemen, the Board shall
require any |
21 |
| licensee to staff the pari-mutuel department with
adequate |
22 |
| personnel.
|
23 |
| (Source: P.A. 91-239, eff. 1-1-00.)
|
24 |
| (230 ILCS 5/14) (from Ch. 8, par. 37-14)
|
25 |
| Sec. 14. (a) The Board shall hold regular and special |
|
|
|
09500HB2035sam008 |
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|
1 |
| meetings at such
times and places as may be necessary to |
2 |
| perform properly and effectively all
duties required under this |
3 |
| Act. A majority of the members of the Board shall
constitute a |
4 |
| quorum for the transaction of any business, for the performance |
5 |
| of
any duty, or for the exercise of any power which this Act |
6 |
| requires the Board
members to transact, perform or exercise en |
7 |
| banc, except that upon order of the
Board one of the Board |
8 |
| members may conduct the hearing provided in Section 16.
The |
9 |
| Board member conducting such hearing shall have all powers and |
10 |
| rights
granted to the Board in this Act. The record made at the |
11 |
| hearing shall be
reviewed by the Board, or a majority thereof, |
12 |
| and the findings and decision of
the majority of the Board |
13 |
| shall constitute the order of the Board in such case.
|
14 |
| (b) The Board shall obtain a court reporter who will be |
15 |
| present at each
regular and special meeting and proceeding and |
16 |
| who shall make accurate
transcriptions thereof except that when |
17 |
| in the judgment of the Board an
emergency situation requires a |
18 |
| meeting by teleconference, the executive
director shall |
19 |
| prepare minutes of the meeting indicating the date and time of
|
20 |
| the meeting and which members of the Board were present or |
21 |
| absent, summarizing
all
matters proposed, deliberated, or |
22 |
| decided at the meeting, and indicating the
results of all votes |
23 |
| taken. The public shall be allowed to listen to the
proceedings |
24 |
| of that meeting at all Board branch offices.
|
25 |
| (c) The Board shall provide records which are separate and
|
26 |
| distinct from the records of any other State board or |
|
|
|
09500HB2035sam008 |
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|
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| commission. Such
records shall be available for public |
2 |
| inspection and shall accurately reflect
all Board proceedings.
|
3 |
| (d) The Board shall file a written annual report with the |
4 |
| Governor on or
before March 1 each year and such additional |
5 |
| reports as the Governor may
request. The annual report shall |
6 |
| include a statement of receipts and
disbursements by the Board, |
7 |
| actions taken by the Board, a report on the
industry's progress |
8 |
| toward the policy objectives established in Section 1.2 of
this |
9 |
| Act, and any
additional
information and recommendations which |
10 |
| the Board may deem valuable or which the
Governor may request.
|
11 |
| (e) The Board shall maintain a branch office on the ground |
12 |
| of every
organization licensee during the organization |
13 |
| licensee's race meeting, which
office shall be kept open |
14 |
| throughout the time the race meeting is held. The
Board shall |
15 |
| designate one of its members, or an authorized agent of the |
16 |
| Board
who shall have the authority to act for the Board, to be |
17 |
| in charge of the
branch office during the time it is required |
18 |
| to be kept open.
|
19 |
| (f) The Board shall perform an annual review of the |
20 |
| distributions from the Horse Racing Equity Trust Fund and make |
21 |
| recommendations to the General Assembly regarding purse |
22 |
| allocations and the distribution formula from the Horse Racing |
23 |
| Equity Trust Fund. In making its recommendations, the Board |
24 |
| shall consider the impact of riverboat and casino gambling on |
25 |
| each organization licensee and each organization licensee's |
26 |
| efforts to promote and support horse racing.
|
|
|
|
09500HB2035sam008 |
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|
1 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
2 |
| (230 ILCS 5/15) (from Ch. 8, par. 37-15)
|
3 |
| Sec. 15. (a) The Board shall, in its discretion, issue |
4 |
| occupation
licenses
to horse owners, trainers, harness |
5 |
| drivers, jockeys, agents, apprentices,
grooms, stable foremen, |
6 |
| exercise persons, veterinarians, valets, blacksmiths,
|
7 |
| concessionaires and others designated by the Board whose work, |
8 |
| in whole or in
part, is conducted upon facilities within the |
9 |
| State. Such occupation licenses
will
be obtained prior to the
|
10 |
| persons engaging in their vocation upon such facilities. The
|
11 |
| Board shall not license pari-mutuel clerks, parking |
12 |
| attendants, security
guards and employees of concessionaires. |
13 |
| No occupation license shall be
required of
any person who works |
14 |
| at facilities within this
State as a pari-mutuel
clerk, parking |
15 |
| attendant, security guard or as an employee of a |
16 |
| concessionaire.
Concessionaires of the Illinois State Fair and |
17 |
| DuQuoin State Fair and
employees of the Illinois Department of |
18 |
| Agriculture shall not be required to
obtain an occupation |
19 |
| license by the Board.
|
20 |
| (b) Each application for an occupation license shall be on |
21 |
| forms
prescribed by the Board. Such license, when issued, shall |
22 |
| be for the
period ending December 31 of each year, except that |
23 |
| the Board in its
discretion may grant 3-year licenses. The |
24 |
| application shall
be accompanied
by a fee of not more than $25 |
25 |
| per year
or, in the case of 3-year occupation
license
|
|
|
|
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|
1 |
| applications, a fee of not more than $60. Each applicant shall |
2 |
| set forth in
the application his full name and address, and if |
3 |
| he had been issued prior
occupation licenses or has been |
4 |
| licensed in any other state under any other
name, such name, |
5 |
| his age, whether or not a permit or license issued to him
in |
6 |
| any other state has been suspended or revoked and if so whether |
7 |
| such
suspension or revocation is in effect at the time of the |
8 |
| application, and
such other information as the Board may |
9 |
| require. Fees for registration of
stable names shall not exceed |
10 |
| $50.00.
|
11 |
| (c) The Board may in its discretion refuse an occupation |
12 |
| license
to any person:
|
13 |
| (1) who has been convicted of a crime;
|
14 |
| (2) who is unqualified to perform the duties required |
15 |
| of such applicant;
|
16 |
| (3) who fails to disclose or states falsely any |
17 |
| information called for
in the application;
|
18 |
| (4) who has been found guilty of a violation of this |
19 |
| Act or of the rules
and regulations of the Board; or
|
20 |
| (5) whose license or permit has been suspended, revoked |
21 |
| or denied for just
cause in any other state.
|
22 |
| (d) The Board may suspend or revoke any occupation license:
|
23 |
| (1) for violation of any of the provisions of this Act; |
24 |
| or
|
25 |
| (2) for violation of any of the rules or regulations of |
26 |
| the Board; or
|
|
|
|
09500HB2035sam008 |
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|
1 |
| (3) for any cause which, if known to the Board, would |
2 |
| have justified the
Board in refusing to issue such |
3 |
| occupation license; or
|
4 |
| (4) for any other just cause.
|
5 |
| (e)
Each applicant shall submit his or her fingerprints |
6 |
| to the
Department
of State Police in the form and manner |
7 |
| prescribed by the Department of State
Police. These |
8 |
| fingerprints shall be checked against the fingerprint records
|
9 |
| now and hereafter filed in the Department of State
Police and |
10 |
| Federal Bureau of Investigation criminal history records
|
11 |
| databases. The Department of State Police shall charge
a fee |
12 |
| for conducting the criminal history records check, which shall |
13 |
| be
deposited in the State Police Services Fund and shall not |
14 |
| exceed the actual
cost of the records check. The Department of |
15 |
| State Police shall furnish,
pursuant to positive |
16 |
| identification, records of conviction to the Board.
Each |
17 |
| applicant for licensure shall submit with his occupation
|
18 |
| license
application, on forms provided by the Board, 2 sets of |
19 |
| his fingerprints.
All such applicants shall appear in person at |
20 |
| the location designated by
the Board for the purpose of |
21 |
| submitting such sets of fingerprints; however,
with the prior |
22 |
| approval of a State steward, an applicant may have such sets
of |
23 |
| fingerprints taken by an official law enforcement agency and |
24 |
| submitted to
the Board.
|
25 |
| (f) The Board may, in its discretion, issue an occupation |
26 |
| license without
submission of fingerprints if an applicant has |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| been duly licensed in another
recognized racing jurisdiction |
2 |
| after submitting fingerprints that were
subjected to a Federal |
3 |
| Bureau of Investigation criminal history background
check
in
|
4 |
| that jurisdiction .
|
5 |
| (Source: P.A. 93-418, eff. 1-1-04.)
|
6 |
| (230 ILCS 5/26)
(from Ch. 8, par. 37-26)
|
7 |
| Sec. 26. Wagering.
|
8 |
| (a) Any licensee may conduct and supervise the pari-mutuel |
9 |
| system of
wagering, as defined in Section 3.12 of this Act, on |
10 |
| horse races conducted by
an Illinois organization licensee or |
11 |
| conducted at a racetrack located in
another state or country |
12 |
| and televised in Illinois in accordance with
subsection (g) of |
13 |
| Section 26 of this Act. Subject to the prior consent of the
|
14 |
| Board, licensees may supplement any pari-mutuel pool in order |
15 |
| to guarantee a
minimum distribution. Such pari-mutuel method of |
16 |
| wagering shall not, under any
circumstances if conducted under |
17 |
| the provisions of this Act, be held or
construed to be |
18 |
| unlawful, other statutes of this State to the contrary
|
19 |
| notwithstanding. Subject to rules for advance wagering |
20 |
| promulgated by the
Board, any licensee may accept wagers in |
21 |
| advance of the day of the race wagered
upon occurs.
|
22 |
| (b) No other method of
betting, pool making, wagering or |
23 |
| gambling shall be used or permitted by the
licensee. Each |
24 |
| licensee may retain, subject to the payment of all applicable
|
25 |
| taxes and purses, an amount not to exceed 17% of all money |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| wagered under
subsection (a) of this Section, except as may |
2 |
| otherwise be permitted under this
Act.
|
3 |
| (b-5) An individual may place a wager under the pari-mutuel |
4 |
| system from
any licensed location or via any other method
|
5 |
| authorized under this Act provided that wager is
electronically |
6 |
| recorded in the manner described in Section 3.12 of this Act.
|
7 |
| Any wager made electronically by an individual while physically |
8 |
| on the premises
of a licensee shall be deemed to have been made |
9 |
| at the premises of that
licensee.
|
10 |
| (c) Until January 1, 2000, the sum held by any licensee for |
11 |
| payment of
outstanding pari-mutuel tickets, if unclaimed prior |
12 |
| to December 31 of the
next year, shall be retained by the |
13 |
| licensee for payment of
such tickets until that date. Within 10 |
14 |
| days thereafter, the balance of
such sum remaining unclaimed, |
15 |
| less any uncashed supplements contributed by such
licensee for |
16 |
| the purpose of guaranteeing minimum distributions
of any |
17 |
| pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
|
18 |
| Rehabilitation Fund of the State treasury, except as provided |
19 |
| in subsection
(g) of Section 27 of this Act.
|
20 |
| (c-5) Beginning January 1, 2000, the sum held by any |
21 |
| licensee for payment
of
outstanding pari-mutuel tickets, if |
22 |
| unclaimed prior to December 31 of the
next year, shall be |
23 |
| retained by the licensee for payment of
such tickets until that |
24 |
| date ; except that, beginning on the effective date of this |
25 |
| amendatory Act of the 95th General Assembly, the sum held by an |
26 |
| organization licensee located in a county with a population in |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| excess of 230,000 and that borders the Mississippi River and |
2 |
| every inter-track wagering location licensee who derives its |
3 |
| license from that organization licensee shall be retained by |
4 |
| the organization licensee for payment of such tickets until |
5 |
| that date . Within 10 days thereafter, the balance of
such sum |
6 |
| remaining unclaimed, less any uncashed supplements contributed |
7 |
| by such
licensee for the purpose of guaranteeing minimum |
8 |
| distributions
of any pari-mutuel pool, shall be evenly |
9 |
| distributed to the purse account of
the organization licensee |
10 |
| and the organization licensee.
|
11 |
| (d) A pari-mutuel ticket shall be honored until December 31 |
12 |
| of the
next calendar year, and the licensee shall pay the same |
13 |
| and may
charge the amount thereof against unpaid money |
14 |
| similarly accumulated on account
of pari-mutuel tickets not |
15 |
| presented for payment.
|
16 |
| (e) No licensee shall knowingly permit any minor, other
|
17 |
| than an employee of such licensee or an owner, trainer,
jockey, |
18 |
| driver, or employee thereof, to be admitted during a racing
|
19 |
| program unless accompanied by a parent or guardian, or any |
20 |
| minor to be a
patron of the pari-mutuel system of wagering |
21 |
| conducted or
supervised by it. The admission of any |
22 |
| unaccompanied minor, other than
an employee of the licensee or |
23 |
| an owner, trainer, jockey,
driver, or employee thereof at a |
24 |
| race track is a Class C
misdemeanor.
|
25 |
| (f) Notwithstanding the other provisions of this Act, an
|
26 |
| organization licensee may contract
with an entity in another |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| state or country to permit any legal
wagering entity in another |
2 |
| state or country to accept wagers solely within
such other |
3 |
| state or country on races conducted by the organization |
4 |
| licensee
in this State.
Beginning January 1, 2000, these wagers
|
5 |
| shall not be subject to State
taxation. Until January 1, 2000,
|
6 |
| when the out-of-State entity conducts a pari-mutuel pool
|
7 |
| separate from the organization licensee, a privilege tax equal |
8 |
| to 7 1/2% of
all monies received by the organization licensee |
9 |
| from entities in other states
or countries pursuant to such |
10 |
| contracts is imposed on the organization
licensee, and such |
11 |
| privilege tax shall be remitted to the
Department of Revenue
|
12 |
| within 48 hours of receipt of the moneys from the simulcast. |
13 |
| When the
out-of-State entity conducts a
combined pari-mutuel |
14 |
| pool with the organization licensee, the tax shall be 10%
of |
15 |
| all monies received by the organization licensee with 25% of |
16 |
| the
receipts from this 10% tax to be distributed to the county
|
17 |
| in which the race was conducted.
|
18 |
| An organization licensee may permit one or more of its |
19 |
| races to be
utilized for
pari-mutuel wagering at one or more |
20 |
| locations in other states and may
transmit audio and visual |
21 |
| signals of races the organization licensee
conducts to one or
|
22 |
| more locations outside the State or country and may also permit |
23 |
| pari-mutuel
pools in other states or countries to be combined |
24 |
| with its gross or net
wagering pools or with wagering pools |
25 |
| established by other states.
|
26 |
| (g) A host track may accept interstate simulcast wagers on |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| horse
races conducted in other states or countries and shall |
2 |
| control the
number of signals and types of breeds of racing in |
3 |
| its simulcast program,
subject to the disapproval of the Board. |
4 |
| The Board may prohibit a simulcast
program only if it finds |
5 |
| that the simulcast program is clearly
adverse to the integrity |
6 |
| of racing. The host track
simulcast program shall
include the |
7 |
| signal of live racing of all organization licensees.
All |
8 |
| non-host licensees shall carry the host track simulcast program |
9 |
| and
accept wagers on all races included as part of the |
10 |
| simulcast
program upon which wagering is permitted.
The costs |
11 |
| and expenses
of the host track and non-host licensees |
12 |
| associated
with interstate simulcast
wagering, other than the |
13 |
| interstate
commission fee, shall be borne by the host track and |
14 |
| all
non-host licensees
incurring these costs.
The interstate |
15 |
| commission fee shall not exceed 5% of Illinois handle on the
|
16 |
| interstate simulcast race or races without prior approval of |
17 |
| the Board. The
Board shall promulgate rules under which it may |
18 |
| permit
interstate commission
fees in excess of 5%. The |
19 |
| interstate commission
fee and other fees charged by the sending |
20 |
| racetrack, including, but not
limited to, satellite decoder |
21 |
| fees, shall be uniformly applied
to the host track and all |
22 |
| non-host licensees.
|
23 |
| Notwithstanding any other provision of this Act, an |
24 |
| organization licensee may maintain a system whereby advance |
25 |
| deposit wagering may take place or an organization licensee may |
26 |
| contract with another person to carry out a system of advance |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| deposit wagering. All advance deposit wagers placed from within |
2 |
| Illinois must be placed through a Board-approved advance |
3 |
| deposit wagering licensee; no other entity may accept an |
4 |
| advance deposit wager from a person within Illinois. All |
5 |
| advance deposit wagering is subject to any rules adopted by the |
6 |
| Board. The Board may adopt rules necessary to regulate advance |
7 |
| deposit wagering through the use of emergency rulemaking in |
8 |
| accordance with Section 5-45 of the Illinois Administrative |
9 |
| Procedure Act. The General Assembly finds that the adoption of |
10 |
| rules to regulate advance deposit wagering is deemed an |
11 |
| emergency and necessary for the public interest, safety, and |
12 |
| welfare. An advance deposit wagering licensee may retain all |
13 |
| moneys as agreed to by contract with an organization licensee. |
14 |
| To the extent any fees from advance deposit wagering conducted |
15 |
| in Illinois for wagers in Illinois or other states have been |
16 |
| placed in escrow or otherwise withheld from wagers pending a |
17 |
| determination of the legality of advance deposit wagering, no |
18 |
| action shall be brought to declare such wagers or the |
19 |
| disbursement of any fees previously escrowed illegal.
|
20 |
| (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
|
21 |
| intertrack wagering
licensee other than the host track may |
22 |
| supplement the host track simulcast
program with |
23 |
| additional simulcast races or race programs, provided that |
24 |
| between
January 1 and the third Friday in February of any |
25 |
| year, inclusive, if no live
thoroughbred racing is |
26 |
| occurring in Illinois during this period, only
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| thoroughbred races may be used
for supplemental interstate |
2 |
| simulcast purposes. The Board shall withhold
approval for a |
3 |
| supplemental interstate simulcast only if it finds that the
|
4 |
| simulcast is clearly adverse to the integrity of racing. A |
5 |
| supplemental
interstate simulcast may be transmitted from |
6 |
| an intertrack wagering licensee to
its affiliated non-host |
7 |
| licensees. The interstate commission fee for a
|
8 |
| supplemental interstate simulcast shall be paid by the |
9 |
| non-host licensee and
its affiliated non-host licensees |
10 |
| receiving the simulcast.
|
11 |
| (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
|
12 |
| intertrack wagering
licensee other than the host track may |
13 |
| receive supplemental interstate
simulcasts only with the |
14 |
| consent of the host track, except when the Board
finds that |
15 |
| the simulcast is
clearly adverse to the integrity of |
16 |
| racing. Consent granted under this
paragraph (2) to any |
17 |
| intertrack wagering licensee shall be deemed consent to
all |
18 |
| non-host licensees. The interstate commission fee for the |
19 |
| supplemental
interstate simulcast shall be paid
by all |
20 |
| participating non-host licensees.
|
21 |
| (3) Each licensee conducting interstate simulcast |
22 |
| wagering may retain,
subject to the payment of all |
23 |
| applicable taxes and the purses, an amount not to
exceed |
24 |
| 17% of all money wagered. If any licensee conducts the |
25 |
| pari-mutuel
system wagering on races conducted at |
26 |
| racetracks in another state or country,
each such race or |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| race program shall be considered a separate racing day for
|
2 |
| the purpose of determining the daily handle and computing |
3 |
| the privilege tax of
that daily handle as provided in |
4 |
| subsection (a) of Section 27.
Until January 1, 2000,
from |
5 |
| the sums permitted to be retained pursuant to this |
6 |
| subsection, each
intertrack wagering location licensee |
7 |
| shall pay 1% of the pari-mutuel handle
wagered on simulcast |
8 |
| wagering to the Horse Racing Tax Allocation Fund, subject
|
9 |
| to the provisions of subparagraph (B) of paragraph (11) of |
10 |
| subsection (h) of
Section 26 of this Act.
|
11 |
| (4) A licensee who receives an interstate simulcast may |
12 |
| combine its gross
or net pools with pools at the sending |
13 |
| racetracks pursuant to rules established
by the Board. All |
14 |
| licensees combining their gross pools
at a
sending |
15 |
| racetrack shall adopt the take-out percentages of the |
16 |
| sending
racetrack.
A licensee may also establish a separate |
17 |
| pool and takeout structure for
wagering purposes on races |
18 |
| conducted at race tracks outside of the
State of Illinois. |
19 |
| The licensee may permit pari-mutuel wagers placed in other
|
20 |
| states or
countries to be combined with its gross or net |
21 |
| wagering pools or other
wagering pools.
|
22 |
| (5) After the payment of the interstate commission fee |
23 |
| (except for the
interstate commission
fee on a supplemental |
24 |
| interstate simulcast, which shall be paid by the host
track |
25 |
| and by each non-host licensee through the host-track) and |
26 |
| all applicable
State and local
taxes, except as provided in |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| subsection (g) of Section 27 of this Act, the
remainder of |
2 |
| moneys retained from simulcast wagering pursuant to this
|
3 |
| subsection (g), and Section 26.2 shall be divided as |
4 |
| follows:
|
5 |
| (A) For interstate simulcast wagers made at a host |
6 |
| track, 50% to the
host
track and 50% to purses at the |
7 |
| host track.
|
8 |
| (B) For wagers placed on interstate simulcast |
9 |
| races, supplemental
simulcasts as defined in |
10 |
| subparagraphs (1) and (2), and separately pooled races
|
11 |
| conducted outside of the State of Illinois made at a |
12 |
| non-host
licensee, 25% to the host
track, 25% to the |
13 |
| non-host licensee, and 50% to the purses at the host |
14 |
| track.
|
15 |
| (6) Notwithstanding any provision in this Act to the |
16 |
| contrary, non-host
licensees
who derive their licenses |
17 |
| from a track located in a county with a population in
|
18 |
| excess of 230,000 and that borders the Mississippi River |
19 |
| may receive
supplemental interstate simulcast races at all |
20 |
| times subject to Board approval,
which shall be withheld |
21 |
| only upon a finding that a supplemental interstate
|
22 |
| simulcast is clearly adverse to the integrity of racing.
|
23 |
| (7) Notwithstanding any provision of this Act to the |
24 |
| contrary, after
payment of all applicable State and local |
25 |
| taxes and interstate commission fees,
non-host licensees |
26 |
| who derive their licenses from a track located in a county
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| with a population in excess of 230,000 and that borders the |
2 |
| Mississippi River
shall retain 50% of the retention from |
3 |
| interstate simulcast wagers and shall
pay 50% to purses at |
4 |
| the track from which the non-host licensee derives its
|
5 |
| license as follows:
|
6 |
| (A) Between January 1 and the third Friday in |
7 |
| February, inclusive, if no
live thoroughbred racing is |
8 |
| occurring in Illinois during this period, when the
|
9 |
| interstate simulcast is a standardbred race, the purse |
10 |
| share to its
standardbred purse account;
|
11 |
| (B) Between January 1 and the third Friday in |
12 |
| February, inclusive, if no
live thoroughbred racing is |
13 |
| occurring in Illinois during this period, and the
|
14 |
| interstate simulcast is a thoroughbred race, the purse |
15 |
| share to its interstate
simulcast purse pool to be |
16 |
| distributed under paragraph (10) of this subsection
|
17 |
| (g);
|
18 |
| (C) Between January 1 and the third Friday in |
19 |
| February, inclusive, if
live thoroughbred racing is |
20 |
| occurring in Illinois, between 6:30 a.m. and 6:30
p.m. |
21 |
| the purse share from wagers made during this time |
22 |
| period to its
thoroughbred purse account and between |
23 |
| 6:30 p.m. and 6:30 a.m. the purse share
from wagers |
24 |
| made during this time period to its standardbred purse |
25 |
| accounts;
|
26 |
| (D) Between the third Saturday in February and |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| December 31, when the
interstate simulcast occurs |
2 |
| between the hours of 6:30 a.m. and 6:30 p.m., the
purse |
3 |
| share to its thoroughbred purse account;
|
4 |
| (E) Between the third Saturday in February and |
5 |
| December 31, when the
interstate simulcast occurs |
6 |
| between the hours of 6:30 p.m. and 6:30 a.m., the
purse |
7 |
| share to its standardbred purse account.
|
8 |
| (7.1) Notwithstanding any other provision of this Act |
9 |
| to the contrary,
if
no
standardbred racing is conducted at |
10 |
| a racetrack located in Madison County
during any
calendar |
11 |
| year beginning on or after January 1, 2002, all
moneys |
12 |
| derived by
that racetrack from simulcast wagering and |
13 |
| inter-track wagering that (1) are to
be used
for purses and |
14 |
| (2) are generated between the hours of 6:30 p.m. and 6:30 |
15 |
| a.m.
during that
calendar year shall
be paid as follows:
|
16 |
| (A) If the licensee that conducts horse racing at |
17 |
| that racetrack
requests from the Board at least as many |
18 |
| racing dates as were conducted in
calendar year 2000, |
19 |
| 80% shall be paid to its thoroughbred purse account; |
20 |
| and
|
21 |
| (B) Twenty percent shall be deposited into the |
22 |
| Illinois Colt Stakes
Purse
Distribution
Fund and shall |
23 |
| be paid to purses for standardbred races for Illinois |
24 |
| conceived
and foaled horses conducted at any county |
25 |
| fairgrounds.
The moneys deposited into the Fund |
26 |
| pursuant to this subparagraph (B) shall be
deposited
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| within 2
weeks after the day they were generated, shall |
2 |
| be in addition to and not in
lieu of any other
moneys |
3 |
| paid to standardbred purses under this Act, and shall |
4 |
| not be commingled
with other moneys paid into that |
5 |
| Fund. The moneys deposited
pursuant to this |
6 |
| subparagraph (B) shall be allocated as provided by the
|
7 |
| Department of Agriculture, with the advice and |
8 |
| assistance of the Illinois
Standardbred
Breeders Fund |
9 |
| Advisory Board.
|
10 |
| (7.2) Notwithstanding any other provision of this Act |
11 |
| to the contrary, if
no
thoroughbred racing is conducted at |
12 |
| a racetrack located in Madison County
during any
calendar |
13 |
| year beginning on or after January 1,
2002, all
moneys |
14 |
| derived by
that racetrack from simulcast wagering and |
15 |
| inter-track wagering that (1) are to
be used
for purses and |
16 |
| (2) are generated between the hours of 6:30 a.m. and 6:30 |
17 |
| p.m.
during that
calendar year shall
be deposited as |
18 |
| follows:
|
19 |
| (A) If the licensee that conducts horse racing at |
20 |
| that racetrack
requests from the
Board at least
as many |
21 |
| racing dates as were conducted in calendar year 2000, |
22 |
| 80%
shall be deposited into its standardbred purse
|
23 |
| account; and
|
24 |
| (B) Twenty percent shall be deposited into the |
25 |
| Illinois Colt Stakes
Purse
Distribution Fund. Moneys |
26 |
| deposited into the Illinois Colt Stakes Purse
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Distribution Fund
pursuant to this subparagraph (B) |
2 |
| shall be paid to Illinois
conceived and foaled |
3 |
| thoroughbred breeders' programs
and to thoroughbred |
4 |
| purses for races conducted at any county fairgrounds |
5 |
| for
Illinois conceived
and foaled horses at the |
6 |
| discretion of the
Department of Agriculture, with the |
7 |
| advice and assistance of
the Illinois Thoroughbred |
8 |
| Breeders Fund Advisory
Board. The moneys deposited |
9 |
| into the Illinois Colt Stakes Purse Distribution
Fund
|
10 |
| pursuant to this subparagraph (B) shall be deposited |
11 |
| within 2 weeks
after the day they were generated, shall |
12 |
| be in addition to and not in
lieu of any other moneys |
13 |
| paid to thoroughbred purses
under this Act, and shall |
14 |
| not be commingled with other moneys deposited into
that |
15 |
| Fund.
|
16 |
| (7.3) If no live standardbred racing is conducted at a |
17 |
| racetrack located
in
Madison
County in calendar year 2000 |
18 |
| or 2001,
an organization licensee who is licensed
to |
19 |
| conduct horse racing at that racetrack shall, before |
20 |
| January 1, 2002, pay
all
moneys derived from simulcast |
21 |
| wagering and inter-track wagering in calendar
years 2000 |
22 |
| and 2001 and
paid into the licensee's standardbred purse |
23 |
| account as follows:
|
24 |
| (A) Eighty percent to that licensee's thoroughbred |
25 |
| purse account to
be used for thoroughbred purses; and
|
26 |
| (B) Twenty percent to the Illinois Colt Stakes |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Purse Distribution
Fund.
|
2 |
| Failure to make the payment to the Illinois Colt Stakes |
3 |
| Purse Distribution
Fund before January 1, 2002
shall
result |
4 |
| in the immediate revocation of the licensee's organization
|
5 |
| license, inter-track wagering license, and inter-track |
6 |
| wagering location
license.
|
7 |
| Moneys paid into the Illinois
Colt Stakes Purse |
8 |
| Distribution Fund pursuant to this
paragraph (7.3) shall be |
9 |
| paid to purses for standardbred
races for Illinois |
10 |
| conceived and foaled horses conducted
at any county
|
11 |
| fairgrounds.
Moneys paid into the Illinois
Colt Stakes |
12 |
| Purse Distribution Fund pursuant to this
paragraph (7.3) |
13 |
| shall be used as determined by the
Department of |
14 |
| Agriculture, with the advice and assistance of the
Illinois |
15 |
| Standardbred Breeders Fund Advisory Board, shall be in |
16 |
| addition to
and not in lieu of any other moneys paid to |
17 |
| standardbred purses under this Act,
and shall not be |
18 |
| commingled
with any other moneys paid into that Fund.
|
19 |
| (7.4) If live standardbred racing is conducted at a |
20 |
| racetrack located in
Madison
County at any time in calendar |
21 |
| year 2001 before the payment required
under
paragraph (7.3) |
22 |
| has been made, the organization licensee who is licensed to
|
23 |
| conduct
racing at that racetrack shall pay all moneys |
24 |
| derived by that racetrack from
simulcast
wagering and |
25 |
| inter-track wagering during calendar years 2000 and 2001 |
26 |
| that (1)
are to be
used for purses and (2) are generated |
|
|
|
09500HB2035sam008 |
- 88 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or |
2 |
| 2001 to the standardbred purse account at that
racetrack to
|
3 |
| be used for standardbred purses.
|
4 |
| (8) Notwithstanding any provision in this Act to the |
5 |
| contrary, an
organization licensee from a track located in |
6 |
| a county with a population in
excess of 230,000 and that |
7 |
| borders the Mississippi River and its affiliated
non-host |
8 |
| licensees shall not be entitled to share in any retention |
9 |
| generated on
racing, inter-track wagering, or simulcast |
10 |
| wagering at any other Illinois
wagering facility.
|
11 |
| (8.1) Notwithstanding any provisions in this Act to the |
12 |
| contrary, if 2
organization licensees
are conducting |
13 |
| standardbred race meetings concurrently
between the hours |
14 |
| of 6:30 p.m. and 6:30 a.m., after payment of all applicable
|
15 |
| State and local taxes and interstate commission fees, the |
16 |
| remainder of the
amount retained from simulcast wagering |
17 |
| otherwise attributable to the host
track and to host track |
18 |
| purses shall be split daily between the 2
organization |
19 |
| licensees and the purses at the tracks of the 2 |
20 |
| organization
licensees, respectively, based on each |
21 |
| organization licensee's share
of the total live handle for |
22 |
| that day,
provided that this provision shall not apply to |
23 |
| any non-host licensee that
derives its license from a track |
24 |
| located in a county with a population in
excess of 230,000 |
25 |
| and that borders the Mississippi River.
|
26 |
| (9) (Blank).
|
|
|
|
09500HB2035sam008 |
- 89 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| (10) (Blank).
|
2 |
| (11) (Blank).
|
3 |
| (12) The Board shall have authority to compel all host |
4 |
| tracks to receive
the simulcast of any or all races |
5 |
| conducted at the Springfield or DuQuoin State
fairgrounds |
6 |
| and include all such races as part of their simulcast |
7 |
| programs.
|
8 |
| (13)
Notwithstanding any other provision of this Act, |
9 |
| in
the event that
the total Illinois pari-mutuel handle on |
10 |
| Illinois horse races at all wagering
facilities in any |
11 |
| calendar year is less than 75% of the total Illinois
|
12 |
| pari-mutuel handle on Illinois horse races at all such |
13 |
| wagering facilities for
calendar year 1994, then each |
14 |
| wagering facility that has an annual total
Illinois |
15 |
| pari-mutuel handle on Illinois horse races that is less |
16 |
| than 75% of
the total Illinois pari-mutuel handle on |
17 |
| Illinois horse races at such wagering
facility for calendar |
18 |
| year 1994, shall be permitted to receive, from any amount
|
19 |
| otherwise
payable to the purse account at the race track |
20 |
| with which the wagering facility
is affiliated in the |
21 |
| succeeding calendar year, an amount equal to 2% of the
|
22 |
| differential in total Illinois pari-mutuel handle on |
23 |
| Illinois horse
races at the wagering facility between that |
24 |
| calendar year in question and 1994
provided, however, that |
25 |
| a
wagering facility shall not be entitled to any such |
26 |
| payment until the Board
certifies in writing to the |
|
|
|
09500HB2035sam008 |
- 90 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| wagering facility the amount to which the wagering
facility |
2 |
| is entitled
and a schedule for payment of the amount to the |
3 |
| wagering facility, based on:
(i) the racing dates awarded |
4 |
| to the race track affiliated with the wagering
facility |
5 |
| during the succeeding year; (ii) the sums available or |
6 |
| anticipated to
be available in the purse account of the |
7 |
| race track affiliated with the
wagering facility for purses |
8 |
| during the succeeding year; and (iii) the need to
ensure |
9 |
| reasonable purse levels during the payment period.
The |
10 |
| Board's certification
shall be provided no later than |
11 |
| January 31 of the succeeding year.
In the event a wagering |
12 |
| facility entitled to a payment under this paragraph
(13) is |
13 |
| affiliated with a race track that maintains purse accounts |
14 |
| for both
standardbred and thoroughbred racing, the amount |
15 |
| to be paid to the wagering
facility shall be divided |
16 |
| between each purse account pro rata, based on the
amount of |
17 |
| Illinois handle on Illinois standardbred and thoroughbred |
18 |
| racing
respectively at the wagering facility during the |
19 |
| previous calendar year. Beginning in the year an |
20 |
| organization licensee first receives payment from the fee |
21 |
| imposed under subsection (a) of Section 7 of the Riverboat |
22 |
| Gambling Act, the wagering facilities permitted to receive |
23 |
| amounts from the purse accounts under this paragraph (13) |
24 |
| shall receive 75% of the amount certified, one year after |
25 |
| an organization licensee first receives the payment, the |
26 |
| wagering facilities shall receive 50% of the amount |
|
|
|
09500HB2035sam008 |
- 91 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| certified, and 2 years after an organization licensee first |
2 |
| receives the payment, the wagering facilities shall |
3 |
| receive 25% of the amount certified. Beginning 3 years |
4 |
| after an organization licensee first receives payment from |
5 |
| the fee imposed under subsection (a) of Section 7 of the |
6 |
| Riverboat Gambling Act, the wagering facilities shall not |
7 |
| receive any moneys from the purse accounts under this |
8 |
| paragraph (13).
Annually, the General Assembly shall |
9 |
| appropriate sufficient funds from the
General Revenue Fund |
10 |
| to the Department of Agriculture for payment into the
|
11 |
| thoroughbred and standardbred horse racing purse accounts |
12 |
| at
Illinois pari-mutuel tracks. The amount paid to each |
13 |
| purse account shall be
the amount certified by the Illinois |
14 |
| Racing Board in January to be
transferred from each account |
15 |
| to each eligible racing facility in
accordance with the |
16 |
| provisions of this Section.
|
17 |
| (h) The Board may approve and license the conduct of |
18 |
| inter-track wagering
and simulcast wagering by inter-track |
19 |
| wagering licensees and inter-track
wagering location licensees |
20 |
| subject to the following terms and conditions:
|
21 |
| (1) Any person licensed to conduct a race meeting (i) |
22 |
| at a track where
60 or more days of racing were conducted |
23 |
| during the immediately preceding
calendar year or where |
24 |
| over the 5 immediately preceding calendar years an
average |
25 |
| of 30 or more days of racing were conducted annually may be |
26 |
| issued an
inter-track wagering license; (ii) at a track
|
|
|
|
09500HB2035sam008 |
- 92 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| located in a county that is bounded by the Mississippi |
2 |
| River, which has a
population of less than 150,000 |
3 |
| according to the 1990 decennial census, and an
average of |
4 |
| at least 60 days of racing per year between 1985 and 1993 |
5 |
| may be
issued an inter-track wagering license; or (iii) at |
6 |
| a track
located in Madison
County that conducted at least |
7 |
| 100 days of live racing during the immediately
preceding
|
8 |
| calendar year may be issued an inter-track wagering |
9 |
| license, unless a lesser
schedule of
live racing is the |
10 |
| result of (A) weather, unsafe track conditions, or other
|
11 |
| acts of God; (B)
an agreement between the organization |
12 |
| licensee and the associations
representing the
largest |
13 |
| number of owners, trainers, jockeys, or standardbred |
14 |
| drivers who race
horses at
that organization licensee's |
15 |
| racing meeting; or (C) a finding by the Board of
|
16 |
| extraordinary circumstances and that it was in the best |
17 |
| interest of the public
and the sport to conduct fewer than |
18 |
| 100 days of live racing. Any such person
having operating |
19 |
| control of the racing facility may also receive up to 6
|
20 |
| inter-track wagering
location licenses. In no event shall |
21 |
| more than 6 inter-track wagering
locations be established |
22 |
| for each eligible race track, except that an
eligible race |
23 |
| track located in a county that has a population of more |
24 |
| than
230,000 and that is bounded by the Mississippi River |
25 |
| may establish up to 7
inter-track wagering locations.
An |
26 |
| application for
said license shall be filed with the Board |
|
|
|
09500HB2035sam008 |
- 93 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| prior to such dates as may be
fixed by the Board. With an |
2 |
| application for an inter-track
wagering
location license |
3 |
| there shall be delivered to the Board a certified check or
|
4 |
| bank draft payable to the order of the Board for an amount |
5 |
| equal to $500.
The application shall be on forms prescribed |
6 |
| and furnished by the Board. The
application shall comply |
7 |
| with all other rules,
regulations and conditions imposed by |
8 |
| the Board in connection therewith.
|
9 |
| (2) The Board shall examine the applications with |
10 |
| respect to their
conformity with this Act and the rules and |
11 |
| regulations imposed by the
Board. If found to be in |
12 |
| compliance with the Act and rules and regulations
of the |
13 |
| Board, the Board may then issue a license to conduct |
14 |
| inter-track
wagering and simulcast wagering to such |
15 |
| applicant. All such applications
shall be acted upon by the |
16 |
| Board at a meeting to be held on such date as may be
fixed |
17 |
| by the Board.
|
18 |
| (3) In granting licenses to conduct inter-track |
19 |
| wagering and simulcast
wagering, the Board shall give due |
20 |
| consideration to
the best interests of the
public, of horse |
21 |
| racing, and of maximizing revenue to the State.
|
22 |
| (4) Prior to the issuance of a license to conduct |
23 |
| inter-track wagering
and simulcast wagering,
the applicant |
24 |
| shall file with the Board a bond payable to the State of |
25 |
| Illinois
in the sum of $50,000, executed by the applicant |
26 |
| and a surety company or
companies authorized to do business |
|
|
|
09500HB2035sam008 |
- 94 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| in this State, and conditioned upon
(i) the payment by the |
2 |
| licensee of all taxes due under Section 27 or 27.1
and any |
3 |
| other monies due and payable under this Act, and (ii)
|
4 |
| distribution by the licensee, upon presentation of the |
5 |
| winning ticket or
tickets, of all sums payable to the |
6 |
| patrons of pari-mutuel pools.
|
7 |
| (5) Each license to conduct inter-track wagering and |
8 |
| simulcast
wagering shall specify the person
to whom it is |
9 |
| issued, the dates on which such wagering is permitted, and
|
10 |
| the track or location where the wagering is to be |
11 |
| conducted.
|
12 |
| (6) All wagering under such license is subject to this |
13 |
| Act and to the
rules and regulations from time to time |
14 |
| prescribed by the Board, and every
such license issued by |
15 |
| the Board shall contain a recital to that effect.
|
16 |
| (7) An inter-track wagering licensee or inter-track |
17 |
| wagering location
licensee may accept wagers at the track |
18 |
| or location
where it is licensed, or as otherwise provided |
19 |
| under this Act.
|
20 |
| (8) Inter-track wagering or simulcast wagering shall |
21 |
| not be
conducted
at any track less than 5 miles from a |
22 |
| track at which a racing meeting is in
progress.
|
23 |
| (8.1) Inter-track wagering location
licensees who |
24 |
| derive their licenses from a particular organization |
25 |
| licensee
shall conduct inter-track wagering and simulcast |
26 |
| wagering only at locations
which are either within 90
miles |
|
|
|
09500HB2035sam008 |
- 95 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| of that race track where the particular organization |
2 |
| licensee is
licensed to conduct racing, or within 135 miles |
3 |
| of that race track
where
the particular organization |
4 |
| licensee is licensed to conduct racing
in the case
of race |
5 |
| tracks in counties of less than 400,000 that were operating |
6 |
| on or
before June 1, 1986. However, inter-track wagering |
7 |
| and simulcast wagering
shall not
be conducted by those |
8 |
| licensees at any location within 5 miles of any race
track |
9 |
| at which a
horse race meeting has been licensed in the |
10 |
| current year, unless the person
having operating control of |
11 |
| such race track has given its written consent
to such |
12 |
| inter-track wagering location licensees,
which consent
|
13 |
| must be filed with the Board at or prior to the time |
14 |
| application is made.
|
15 |
| (8.2) Inter-track wagering or simulcast wagering shall |
16 |
| not be
conducted by an inter-track
wagering location |
17 |
| licensee at any location within 500 feet of an
existing
|
18 |
| church or existing school, nor within 500 feet of the |
19 |
| residences
of more than 50 registered voters without
|
20 |
| receiving written permission from a majority of the |
21 |
| registered
voters at such residences.
Such written |
22 |
| permission statements shall be filed with the Board. The
|
23 |
| distance of 500 feet shall be measured to the nearest part |
24 |
| of any
building
used for worship services, education |
25 |
| programs, residential purposes, or
conducting inter-track |
26 |
| wagering by an inter-track wagering location
licensee, and |
|
|
|
09500HB2035sam008 |
- 96 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| not to property boundaries. However, inter-track wagering |
2 |
| or
simulcast wagering may be conducted at a site within 500 |
3 |
| feet of
a church, school or residences
of 50 or more |
4 |
| registered voters if such church, school
or residences have |
5 |
| been erected
or established, or such voters have been |
6 |
| registered, after
the Board issues
the original |
7 |
| inter-track wagering location license at the site in |
8 |
| question.
Inter-track wagering location licensees may |
9 |
| conduct inter-track wagering
and simulcast wagering only |
10 |
| in areas that are zoned for
commercial or manufacturing |
11 |
| purposes or
in areas for which a special use has been |
12 |
| approved by the local zoning
authority. However, no license |
13 |
| to conduct inter-track wagering and simulcast
wagering |
14 |
| shall be
granted by the Board with respect to any |
15 |
| inter-track wagering location
within the jurisdiction of |
16 |
| any local zoning authority which has, by
ordinance or by |
17 |
| resolution, prohibited the establishment of an inter-track
|
18 |
| wagering location within its jurisdiction. However, |
19 |
| inter-track wagering
and simulcast wagering may be |
20 |
| conducted at a site if such ordinance or
resolution is |
21 |
| enacted after
the Board licenses the original inter-track |
22 |
| wagering location
licensee for the site in question.
|
23 |
| (9) (Blank).
|
24 |
| (10) An inter-track wagering licensee or an |
25 |
| inter-track wagering
location licensee may retain, subject |
26 |
| to the
payment of the privilege taxes and the purses, an |
|
|
|
09500HB2035sam008 |
- 97 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| amount not to
exceed 17% of all money wagered. Each program |
2 |
| of racing conducted by
each inter-track wagering licensee |
3 |
| or inter-track wagering location
licensee shall be |
4 |
| considered a separate racing day for the purpose of
|
5 |
| determining the daily handle and computing the privilege |
6 |
| tax or pari-mutuel
tax on such daily
handle as provided in |
7 |
| Section 27.
|
8 |
| (10.1) Except as provided in subsection (g) of Section |
9 |
| 27 of this Act,
inter-track wagering location licensees |
10 |
| shall pay 1% of the
pari-mutuel handle at each location to |
11 |
| the municipality in which such
location is situated and 1% |
12 |
| of the pari-mutuel handle at each location to
the county in |
13 |
| which such location is situated. In the event that an
|
14 |
| inter-track wagering location licensee is situated in an |
15 |
| unincorporated
area of a county, such licensee shall pay 2% |
16 |
| of the pari-mutuel handle from
such location to such |
17 |
| county.
|
18 |
| (10.2) Notwithstanding any other provision of this |
19 |
| Act, with respect to
intertrack wagering at a race track |
20 |
| located in a
county that has a population of
more than |
21 |
| 230,000 and that is bounded by the Mississippi River ("the |
22 |
| first race
track"), or at a facility operated by an |
23 |
| inter-track wagering licensee or
inter-track wagering |
24 |
| location licensee that derives its license from the
|
25 |
| organization licensee that operates the first race track, |
26 |
| on races conducted at
the first race track or on races |
|
|
|
09500HB2035sam008 |
- 98 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| conducted at another Illinois race track
and |
2 |
| simultaneously televised to the first race track or to a |
3 |
| facility operated
by an inter-track wagering licensee or |
4 |
| inter-track wagering location licensee
that derives its |
5 |
| license from the organization licensee that operates the |
6 |
| first
race track, those moneys shall be allocated as |
7 |
| follows:
|
8 |
| (A) That portion of all moneys wagered on |
9 |
| standardbred racing that is
required under this Act to |
10 |
| be paid to purses shall be paid to purses for
|
11 |
| standardbred races.
|
12 |
| (B) That portion of all moneys wagered on |
13 |
| thoroughbred racing
that is required under this Act to |
14 |
| be paid to purses shall be paid to purses
for |
15 |
| thoroughbred races.
|
16 |
| (11) (A) After payment of the privilege or pari-mutuel |
17 |
| tax, any other
applicable
taxes, and
the costs and expenses |
18 |
| in connection with the gathering, transmission, and
|
19 |
| dissemination of all data necessary to the conduct of |
20 |
| inter-track wagering,
the remainder of the monies retained |
21 |
| under either Section 26 or Section 26.2
of this Act by the |
22 |
| inter-track wagering licensee on inter-track wagering
|
23 |
| shall be allocated with 50% to be split between the
2 |
24 |
| participating licensees and 50% to purses, except
that an |
25 |
| intertrack wagering licensee that derives its
license from |
26 |
| a track located in a county with a population in excess of |
|
|
|
09500HB2035sam008 |
- 99 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| 230,000
and that borders the Mississippi River shall not |
2 |
| divide any remaining
retention with the Illinois |
3 |
| organization licensee that provides the race or
races, and |
4 |
| an intertrack wagering licensee that accepts wagers on |
5 |
| races
conducted by an organization licensee that conducts a |
6 |
| race meet in a county
with a population in excess of |
7 |
| 230,000 and that borders the Mississippi River
shall not |
8 |
| divide any remaining retention with that organization |
9 |
| licensee.
|
10 |
| (B) From the
sums permitted to be retained pursuant to |
11 |
| this Act each inter-track wagering
location licensee shall |
12 |
| pay (i) the privilege or pari-mutuel tax to the
State; (ii) |
13 |
| 4.75% of the
pari-mutuel handle on intertrack wagering at |
14 |
| such location on
races as purses, except that
an intertrack |
15 |
| wagering location licensee that derives its license from a
|
16 |
| track located in a county with a population in excess of |
17 |
| 230,000 and that
borders the Mississippi River shall retain |
18 |
| all purse moneys for its own purse
account consistent with |
19 |
| distribution set forth in this subsection (h), and
|
20 |
| intertrack wagering location licensees that accept wagers |
21 |
| on races
conducted
by an organization licensee located in a |
22 |
| county with a population in excess of
230,000 and that |
23 |
| borders the Mississippi River shall distribute all purse
|
24 |
| moneys to purses at the operating host track; (iii) until |
25 |
| January 1, 2000,
except as
provided in
subsection (g) of |
26 |
| Section 27 of this Act, 1% of the
pari-mutuel handle |
|
|
|
09500HB2035sam008 |
- 100 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| wagered on inter-track wagering and simulcast wagering at
|
2 |
| each inter-track wagering
location licensee facility to |
3 |
| the Horse Racing Tax Allocation Fund, provided
that, to the |
4 |
| extent the total amount collected and distributed to the |
5 |
| Horse
Racing Tax Allocation Fund under this subsection (h) |
6 |
| during any calendar year
exceeds the amount collected and |
7 |
| distributed to the Horse Racing Tax Allocation
Fund during |
8 |
| calendar year 1994, that excess amount shall be |
9 |
| redistributed (I)
to all inter-track wagering location |
10 |
| licensees, based on each licensee's
pro-rata share of the |
11 |
| total handle from inter-track wagering and simulcast
|
12 |
| wagering for all inter-track wagering location licensees |
13 |
| during the calendar
year in which this provision is |
14 |
| applicable; then (II) the amounts redistributed
to each |
15 |
| inter-track wagering location licensee as described in |
16 |
| subpart (I)
shall be further redistributed as provided in |
17 |
| subparagraph (B) of paragraph (5)
of subsection (g) of this |
18 |
| Section 26 provided first, that the shares of those
|
19 |
| amounts, which are to be redistributed to the host track or |
20 |
| to purses at the
host track under subparagraph (B) of |
21 |
| paragraph (5) of subsection (g) of this
Section 26 shall be
|
22 |
| redistributed based on each host track's pro rata share of |
23 |
| the total
inter-track
wagering and simulcast wagering |
24 |
| handle at all host tracks during the calendar
year in |
25 |
| question, and second, that any amounts redistributed as |
26 |
| described in
part (I) to an inter-track wagering location |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| licensee that accepts
wagers on races conducted by an |
2 |
| organization licensee that conducts a race meet
in a county |
3 |
| with a population in excess of 230,000 and that borders the
|
4 |
| Mississippi River shall be further redistributed as |
5 |
| provided in subparagraphs
(D) and (E) of paragraph (7) of |
6 |
| subsection (g) of this Section 26, with the
portion of that
|
7 |
| further redistribution allocated to purses at that |
8 |
| organization licensee to be
divided between standardbred |
9 |
| purses and thoroughbred purses based on the
amounts |
10 |
| otherwise allocated to purses at that organization |
11 |
| licensee during the
calendar year in question; and (iv) 8% |
12 |
| of the pari-mutuel handle on
inter-track wagering wagered |
13 |
| at
such location to satisfy all costs and expenses of |
14 |
| conducting its wagering. The
remainder of the monies |
15 |
| retained by the inter-track wagering location licensee
|
16 |
| shall be allocated 40% to the location licensee and 60% to |
17 |
| the organization
licensee which provides the Illinois |
18 |
| races to the location, except that an
intertrack wagering |
19 |
| location
licensee that derives its license from a track |
20 |
| located in a county with a
population in excess of 230,000 |
21 |
| and that borders the Mississippi River shall
not divide any |
22 |
| remaining retention with the organization licensee that |
23 |
| provides
the race or races and an intertrack wagering |
24 |
| location licensee that accepts
wagers on races conducted by |
25 |
| an organization licensee that conducts a race meet
in a |
26 |
| county with a population in excess of 230,000 and that |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| borders the
Mississippi River shall not divide any |
2 |
| remaining retention with the
organization licensee.
|
3 |
| Notwithstanding the provisions of clauses (ii) and (iv) of |
4 |
| this
paragraph, in the case of the additional inter-track |
5 |
| wagering location licenses
authorized under paragraph (1) |
6 |
| of this subsection (h) by this amendatory
Act of 1991, |
7 |
| those licensees shall pay the following amounts as purses:
|
8 |
| during the first 12 months the licensee is in operation, |
9 |
| 5.25% of
the
pari-mutuel handle wagered at the location on |
10 |
| races; during the second 12
months, 5.25%; during the third |
11 |
| 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and |
12 |
| during the fifth 12 months and thereafter, 6.75%. The
|
13 |
| following amounts shall be retained by the licensee to |
14 |
| satisfy all costs
and expenses of conducting its wagering: |
15 |
| during the first 12 months the
licensee is in operation, |
16 |
| 8.25% of the pari-mutuel handle wagered
at the
location; |
17 |
| during the second 12 months, 8.25%; during the third 12 |
18 |
| months,
7.75%; during the fourth 12 months, 7.25%; and |
19 |
| during the fifth 12 months and
thereafter, 6.75%. For |
20 |
| additional intertrack wagering location licensees
|
21 |
| authorized under this amendatory Act of 1995, purses for |
22 |
| the first 12 months
the licensee is in operation shall be |
23 |
| 5.75% of the pari-mutuel wagered at the
location, purses |
24 |
| for the second 12 months the licensee is in operation shall |
25 |
| be
6.25%, and purses thereafter shall be 6.75%. For |
26 |
| additional intertrack
location licensees authorized under |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| this amendatory Act of 1995, the licensee
shall be allowed |
2 |
| to retain to satisfy all costs and expenses: 7.75% of the
|
3 |
| pari-mutuel handle wagered at the location during its first |
4 |
| 12 months of
operation, 7.25% during its second 12 months |
5 |
| of operation, and 6.75%
thereafter.
|
6 |
| (C) There is hereby created the Horse Racing Tax |
7 |
| Allocation Fund
which shall remain in existence until |
8 |
| December 31, 1999. Moneys
remaining in the Fund after |
9 |
| December 31, 1999
shall be paid into the
General Revenue |
10 |
| Fund. Until January 1, 2000,
all monies paid into the Horse |
11 |
| Racing Tax Allocation Fund pursuant to this
paragraph (11) |
12 |
| by inter-track wagering location licensees located in park
|
13 |
| districts of 500,000 population or less, or in a |
14 |
| municipality that is not
included within any park district |
15 |
| but is included within a conservation
district and is the |
16 |
| county seat of a county that (i) is contiguous to the state
|
17 |
| of Indiana and (ii) has a 1990 population of 88,257 |
18 |
| according to the United
States Bureau of the Census, and |
19 |
| operating on May 1, 1994 shall be
allocated by |
20 |
| appropriation as follows:
|
21 |
| Two-sevenths to the Department of Agriculture. |
22 |
| Fifty percent of
this two-sevenths shall be used to |
23 |
| promote the Illinois horse racing and
breeding |
24 |
| industry, and shall be distributed by the Department of |
25 |
| Agriculture
upon the advice of a 9-member committee |
26 |
| appointed by the Governor consisting of
the following |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| members: the Director of Agriculture, who shall serve |
2 |
| as
chairman; 2 representatives of organization |
3 |
| licensees conducting thoroughbred
race meetings in |
4 |
| this State, recommended by those licensees; 2 |
5 |
| representatives
of organization licensees conducting |
6 |
| standardbred race meetings in this State,
recommended |
7 |
| by those licensees; a representative of the Illinois
|
8 |
| Thoroughbred Breeders and Owners Foundation, |
9 |
| recommended by that
Foundation; a representative of |
10 |
| the Illinois Standardbred Owners and
Breeders |
11 |
| Association, recommended
by that Association; a |
12 |
| representative of
the Horsemen's Benevolent and |
13 |
| Protective Association or any successor
organization |
14 |
| thereto established in Illinois comprised of the |
15 |
| largest number of
owners and trainers, recommended by |
16 |
| that
Association or that successor organization; and a
|
17 |
| representative of the Illinois Harness Horsemen's
|
18 |
| Association, recommended by that Association. |
19 |
| Committee members shall
serve for terms of 2 years, |
20 |
| commencing January 1 of each even-numbered
year. If a |
21 |
| representative of any of the above-named entities has |
22 |
| not been
recommended by January 1 of any even-numbered |
23 |
| year, the Governor shall
appoint a committee member to |
24 |
| fill that position. Committee members shall
receive no |
25 |
| compensation for their services as members but shall be
|
26 |
| reimbursed for all actual and necessary expenses and |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| disbursements incurred
in the performance of their |
2 |
| official duties. The remaining 50% of this
|
3 |
| two-sevenths shall be distributed to county fairs for |
4 |
| premiums and
rehabilitation as set forth in the |
5 |
| Agricultural Fair Act;
|
6 |
| Four-sevenths to park districts or municipalities |
7 |
| that do not have a
park district of 500,000 population |
8 |
| or less for museum purposes (if an
inter-track wagering |
9 |
| location licensee is located in such a park district) |
10 |
| or
to conservation districts for museum purposes (if an |
11 |
| inter-track wagering
location licensee is located in a |
12 |
| municipality that is not included within any
park |
13 |
| district but is included within a conservation |
14 |
| district and is the county
seat of a county that (i) is |
15 |
| contiguous to the state of Indiana and (ii) has a
1990 |
16 |
| population of 88,257 according to the United States |
17 |
| Bureau of the Census,
except that if the conservation |
18 |
| district does not maintain a museum, the monies
shall |
19 |
| be allocated equally between the county and the |
20 |
| municipality in which the
inter-track wagering |
21 |
| location licensee is located for general purposes) or |
22 |
| to a
municipal recreation board for park purposes (if |
23 |
| an inter-track wagering
location licensee is located |
24 |
| in a municipality that is not included within any
park |
25 |
| district and park maintenance is the function of the |
26 |
| municipal recreation
board and the municipality has a |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| 1990 population of 9,302 according to the
United States |
2 |
| Bureau of the Census); provided that the monies are |
3 |
| distributed
to each park district or conservation |
4 |
| district or municipality that does not
have a park |
5 |
| district in an amount equal to four-sevenths of the |
6 |
| amount
collected by each inter-track wagering location |
7 |
| licensee within the park
district or conservation |
8 |
| district or municipality for the Fund. Monies that
were |
9 |
| paid into the Horse Racing Tax Allocation Fund before |
10 |
| the effective date
of this amendatory Act of 1991 by an |
11 |
| inter-track wagering location licensee
located in a |
12 |
| municipality that is not included within any park |
13 |
| district but is
included within a conservation |
14 |
| district as provided in this paragraph shall, as
soon |
15 |
| as practicable after the effective date of this |
16 |
| amendatory Act of 1991, be
allocated and paid to that |
17 |
| conservation district as provided in this paragraph.
|
18 |
| Any park district or municipality not maintaining a |
19 |
| museum may deposit the
monies in the corporate fund of |
20 |
| the park district or municipality where the
|
21 |
| inter-track wagering location is located, to be used |
22 |
| for general purposes;
and
|
23 |
| One-seventh to the Agricultural Premium Fund to be |
24 |
| used for distribution
to agricultural home economics |
25 |
| extension councils in accordance with "An
Act in |
26 |
| relation to additional support and finances for the |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Agricultural and
Home Economic Extension Councils in |
2 |
| the several counties of this State and
making an |
3 |
| appropriation therefor", approved July 24, 1967.
|
4 |
| Until January 1, 2000, all other
monies paid into the |
5 |
| Horse Racing Tax
Allocation Fund pursuant to
this paragraph |
6 |
| (11) shall be allocated by appropriation as follows:
|
7 |
| Two-sevenths to the Department of Agriculture. |
8 |
| Fifty percent of this
two-sevenths shall be used to |
9 |
| promote the Illinois horse racing and breeding
|
10 |
| industry, and shall be distributed by the Department of |
11 |
| Agriculture upon the
advice of a 9-member committee |
12 |
| appointed by the Governor consisting of the
following |
13 |
| members: the Director of Agriculture, who shall serve |
14 |
| as chairman; 2
representatives of organization |
15 |
| licensees conducting thoroughbred race meetings
in |
16 |
| this State, recommended by those licensees; 2 |
17 |
| representatives of
organization licensees conducting |
18 |
| standardbred race meetings in this State,
recommended |
19 |
| by those licensees; a representative of the Illinois |
20 |
| Thoroughbred
Breeders and Owners Foundation, |
21 |
| recommended by that Foundation; a
representative of |
22 |
| the Illinois Standardbred Owners and Breeders |
23 |
| Association,
recommended by that Association; a |
24 |
| representative of the Horsemen's Benevolent
and |
25 |
| Protective Association or any successor organization |
26 |
| thereto established
in Illinois comprised of the |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| largest number of owners and trainers,
recommended by |
2 |
| that Association or that successor organization; and a
|
3 |
| representative of the Illinois Harness Horsemen's |
4 |
| Association, recommended by
that Association. |
5 |
| Committee members shall serve for terms of 2 years,
|
6 |
| commencing January 1 of each even-numbered year. If a |
7 |
| representative of any of
the above-named entities has |
8 |
| not been recommended by January 1 of any
even-numbered |
9 |
| year, the Governor shall appoint a committee member to |
10 |
| fill that
position. Committee members shall receive no |
11 |
| compensation for their services
as members but shall be |
12 |
| reimbursed for all actual and necessary expenses and
|
13 |
| disbursements incurred in the performance of their |
14 |
| official duties. The
remaining 50% of this |
15 |
| two-sevenths shall be distributed to county fairs for
|
16 |
| premiums and rehabilitation as set forth in the |
17 |
| Agricultural Fair Act;
|
18 |
| Four-sevenths to museums and aquariums located in |
19 |
| park districts of over
500,000 population; provided |
20 |
| that the monies are distributed in accordance with
the |
21 |
| previous year's distribution of the maintenance tax |
22 |
| for such museums and
aquariums as provided in Section 2 |
23 |
| of the Park District Aquarium and Museum
Act; and
|
24 |
| One-seventh to the Agricultural Premium Fund to be |
25 |
| used for distribution
to agricultural home economics |
26 |
| extension councils in accordance with "An Act
in |
|
|
|
09500HB2035sam008 |
- 109 - |
LRB095 08248 AMC 39516 a |
|
|
1 |
| relation to additional support and finances for the |
2 |
| Agricultural and
Home Economic Extension Councils in |
3 |
| the several counties of this State and
making an |
4 |
| appropriation therefor", approved July 24, 1967.
This |
5 |
| subparagraph (C) shall be inoperative and of no force |
6 |
| and effect on and
after January 1, 2000.
|
7 |
| (D) Except as provided in paragraph (11) of this |
8 |
| subsection (h),
with respect to purse allocation from |
9 |
| intertrack wagering, the monies so
retained shall be |
10 |
| divided as follows:
|
11 |
| (i) If the inter-track wagering licensee, |
12 |
| except an intertrack
wagering licensee that |
13 |
| derives its license from an organization
licensee |
14 |
| located in a county with a population in excess of |
15 |
| 230,000 and bounded
by the Mississippi River, is |
16 |
| not conducting its own
race meeting during the same |
17 |
| dates, then the entire purse allocation shall be
to |
18 |
| purses at the track where the races wagered on are |
19 |
| being conducted.
|
20 |
| (ii) If the inter-track wagering licensee, |
21 |
| except an intertrack
wagering licensee that |
22 |
| derives its license from an organization
licensee |
23 |
| located in a county with a population in excess of |
24 |
| 230,000 and bounded
by the Mississippi River, is |
25 |
| also
conducting its own
race meeting during the |
26 |
| same dates, then the purse allocation shall be as
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| follows: 50% to purses at the track where the races |
2 |
| wagered on are
being conducted; 50% to purses at |
3 |
| the track where the inter-track
wagering licensee |
4 |
| is accepting such wagers.
|
5 |
| (iii) If the inter-track wagering is being |
6 |
| conducted by an inter-track
wagering location |
7 |
| licensee, except an intertrack wagering location |
8 |
| licensee
that derives its license from an |
9 |
| organization licensee located in a
county with a |
10 |
| population in excess of 230,000 and bounded by the |
11 |
| Mississippi
River, the entire purse allocation for |
12 |
| Illinois races shall
be to purses at the track |
13 |
| where the race meeting being wagered on is being
|
14 |
| held.
|
15 |
| (12) The Board shall have all powers necessary and |
16 |
| proper to fully
supervise and control the conduct of
|
17 |
| inter-track wagering and simulcast
wagering by inter-track |
18 |
| wagering licensees and inter-track wagering location
|
19 |
| licensees, including, but not
limited to the following:
|
20 |
| (A) The Board is vested with power to promulgate |
21 |
| reasonable rules and
regulations for the purpose of |
22 |
| administering the
conduct of this
wagering and to |
23 |
| prescribe reasonable rules, regulations and conditions |
24 |
| under
which such wagering shall be held and conducted. |
25 |
| Such rules and regulations
are to provide for the |
26 |
| prevention of practices detrimental to the public
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| interest and for
the best interests of said wagering |
2 |
| and to impose penalties
for violations thereof.
|
3 |
| (B) The Board, and any person or persons to whom it |
4 |
| delegates this
power, is vested with the power to enter |
5 |
| the
facilities of any licensee to determine whether |
6 |
| there has been
compliance with the provisions of this |
7 |
| Act and the rules and regulations
relating to the |
8 |
| conduct of such wagering.
|
9 |
| (C) The Board, and any person or persons to whom it |
10 |
| delegates this
power, may eject or exclude from any |
11 |
| licensee's facilities, any person whose
conduct or |
12 |
| reputation
is such that his presence on such premises |
13 |
| may, in the opinion of the Board,
call into the |
14 |
| question the honesty and integrity of, or interfere |
15 |
| with the
orderly conduct of such wagering; provided, |
16 |
| however, that no person shall
be excluded or ejected |
17 |
| from such premises solely on the grounds of race,
|
18 |
| color, creed, national origin, ancestry, or sex.
|
19 |
| (D) (Blank).
|
20 |
| (E) The Board is vested with the power to appoint |
21 |
| delegates to execute
any of the powers granted to it |
22 |
| under this Section for the purpose of
administering |
23 |
| this wagering and any
rules and
regulations
|
24 |
| promulgated in accordance with this Act.
|
25 |
| (F) The Board shall name and appoint a State |
26 |
| director of this wagering
who shall be a representative |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| of the Board and whose
duty it shall
be to supervise |
2 |
| the conduct of inter-track wagering as may be provided |
3 |
| for
by the rules and regulations of the Board; such |
4 |
| rules and regulation shall
specify the method of |
5 |
| appointment and the Director's powers, authority and
|
6 |
| duties.
|
7 |
| (G) The Board is vested with the power to impose |
8 |
| civil penalties of up
to $5,000 against individuals and |
9 |
| up to $10,000 against
licensees for each violation of |
10 |
| any provision of
this Act relating to the conduct of |
11 |
| this wagering, any
rules adopted
by the Board, any |
12 |
| order of the Board or any other action which in the |
13 |
| Board's
discretion, is a detriment or impediment to |
14 |
| such wagering.
|
15 |
| (13) The Department of Agriculture may enter into |
16 |
| agreements with
licensees authorizing such licensees to |
17 |
| conduct inter-track
wagering on races to be held at the |
18 |
| licensed race meetings conducted by the
Department of |
19 |
| Agriculture. Such
agreement shall specify the races of the |
20 |
| Department of Agriculture's
licensed race meeting upon |
21 |
| which the licensees will conduct wagering. In the
event |
22 |
| that a licensee
conducts inter-track pari-mutuel wagering |
23 |
| on races from the Illinois State Fair
or DuQuoin State Fair |
24 |
| which are in addition to the licensee's previously
approved |
25 |
| racing program, those races shall be considered a separate |
26 |
| racing day
for the
purpose of determining the daily handle |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| and computing the privilege or
pari-mutuel tax on
that |
2 |
| daily handle as provided in Sections 27
and 27.1. Such
|
3 |
| agreements shall be approved by the Board before such |
4 |
| wagering may be
conducted. In determining whether to grant |
5 |
| approval, the Board shall give
due consideration to the |
6 |
| best interests of the public and of horse racing.
The |
7 |
| provisions of paragraphs (1), (8), (8.1), and (8.2) of
|
8 |
| subsection (h) of this
Section which are not specified in |
9 |
| this paragraph (13) shall not apply to
licensed race |
10 |
| meetings conducted by the Department of Agriculture at the
|
11 |
| Illinois State Fair in Sangamon County or the DuQuoin State |
12 |
| Fair in Perry
County, or to any wagering conducted on
those |
13 |
| race meetings.
|
14 |
| (i) Notwithstanding the other provisions of this Act, the |
15 |
| conduct of
wagering at wagering facilities is authorized on all |
16 |
| days, except as limited by
subsection (b) of Section 19 of this |
17 |
| Act.
|
18 |
| (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
|
19 |
| (230 ILCS 5/27) (from Ch. 8, par. 37-27)
|
20 |
| Sec. 27. (a) In addition to the organization license fee |
21 |
| provided
by this Act, until January 1, 2000, a
graduated |
22 |
| privilege tax is hereby
imposed for conducting
the pari-mutuel |
23 |
| system of wagering permitted under this
Act. Until January 1, |
24 |
| 2000, except as provided in subsection (g) of
Section 27 of |
25 |
| this Act, all of
the breakage of each racing day held by any |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| licensee in the State shall be paid
to the State.
Until January |
2 |
| 1, 2000, such daily graduated privilege tax shall be paid by
|
3 |
| the
licensee from the amount permitted to be retained under |
4 |
| this Act.
Until January 1, 2000, each day's
graduated privilege |
5 |
| tax, breakage, and Horse Racing Tax Allocation
funds shall be |
6 |
| remitted to the Department of Revenue within 48 hours after the
|
7 |
| close of the racing day upon which it is assessed or within |
8 |
| such other time as
the Board prescribes. The privilege tax |
9 |
| hereby imposed, until January
1, 2000, shall be a flat tax at
|
10 |
| the rate of 2% of the daily pari-mutuel handle except as |
11 |
| provided in Section
27.1.
|
12 |
| In addition, every organization licensee, except as
|
13 |
| provided in Section 27.1 of this Act, which conducts multiple
|
14 |
| wagering shall pay, until January 1, 2000,
as a privilege tax |
15 |
| on multiple
wagers an amount
equal to 1.25% of all moneys |
16 |
| wagered each day on such multiple wagers,
plus an additional |
17 |
| amount equal to 3.5% of the amount wagered each day on any
|
18 |
| other multiple wager which involves a single
betting interest |
19 |
| on 3 or more horses. The licensee shall remit the amount of
|
20 |
| such taxes to the Department of Revenue within 48 hours after |
21 |
| the close of
the racing day on which it is assessed or within |
22 |
| such other time as the Board
prescribes.
|
23 |
| This subsection (a) shall be inoperative and of no force |
24 |
| and effect on and
after January 1, 2000.
|
25 |
| (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax |
26 |
| at the rate of 1.5% of
the daily
pari-mutuel handle is imposed |
|
|
|
09500HB2035sam008 |
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|
1 |
| at all pari-mutuel wagering facilities and on advance deposit |
2 |
| wagering from a location other than a wagering facility , except |
3 |
| as otherwise provided for in this subsection (a-5). Beginning |
4 |
| on the effective date of this amendatory Act of the 94th |
5 |
| General Assembly and until moneys deposited pursuant to Section |
6 |
| 54 are distributed and received, a pari-mutuel tax at the rate |
7 |
| of 0.25% of the daily pari-mutuel handle is imposed at a |
8 |
| pari-mutuel facility whose license is derived from a track |
9 |
| located in a county that borders the Mississippi River and |
10 |
| conducted live racing in the previous year. After moneys |
11 |
| deposited pursuant to Section 54 are distributed and received, |
12 |
| a pari-mutuel tax at the rate of 1.5% of the daily pari-mutuel |
13 |
| handle is imposed at a pari-mutuel facility whose license is |
14 |
| derived from a track located in a county that borders the |
15 |
| Mississippi River and conducted live racing in the previous |
16 |
| year. The pari-mutuel tax imposed by this subsection (a-5)
|
17 |
| shall be remitted to the Department of
Revenue within 48 hours |
18 |
| after the close of the racing day upon which it is
assessed or |
19 |
| within such other time as the Board prescribes.
|
20 |
| (b) On or before December 31, 1999, in
the event that any |
21 |
| organization
licensee conducts
2 separate programs
of races on |
22 |
| any day, each such program shall be considered a separate
|
23 |
| racing day for purposes of determining the daily handle and |
24 |
| computing
the privilege tax on such daily handle as provided in |
25 |
| subsection (a) of
this Section.
|
26 |
| (c) Licensees shall at all times keep accurate
books
and |
|
|
|
09500HB2035sam008 |
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|
1 |
| records of all monies wagered on each day of a race meeting and |
2 |
| of
the taxes paid to the Department of Revenue under the |
3 |
| provisions of this
Section. The Board or its duly authorized |
4 |
| representative or
representatives shall at all reasonable |
5 |
| times have access to such
records for the purpose of examining |
6 |
| and checking the same and
ascertaining whether the proper |
7 |
| amount of taxes is being paid as
provided. The Board shall |
8 |
| require verified reports and a statement of
the total of all |
9 |
| monies wagered daily at each wagering facility upon which
the |
10 |
| taxes are assessed and may prescribe forms upon which such |
11 |
| reports
and statement shall be made.
|
12 |
| (d) Any licensee failing or refusing to pay the amount
of |
13 |
| any tax due under this Section shall be guilty of a business |
14 |
| offense
and upon conviction shall be fined not more than $5,000 |
15 |
| in addition to
the amount found due as tax under this Section. |
16 |
| Each day's violation
shall constitute a separate offense. All |
17 |
| fines paid into Court by a licensee hereunder shall be |
18 |
| transmitted and paid over by
the Clerk of the Court to the |
19 |
| Board.
|
20 |
| (e) No other license fee, privilege tax, excise tax, or
|
21 |
| racing fee, except as provided in this Act, shall be assessed |
22 |
| or
collected from any such licensee by the State.
|
23 |
| (f) No other license fee, privilege tax, excise tax or |
24 |
| racing fee shall be
assessed or collected from any such |
25 |
| licensee by units of local government
except as provided in |
26 |
| paragraph 10.1 of subsection (h) and subsection (f) of
Section |
|
|
|
09500HB2035sam008 |
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|
|
1 |
| 26 of this Act. However, any municipality that has a Board |
2 |
| licensed
horse race meeting at a race track wholly within its |
3 |
| corporate boundaries or a
township that has a Board licensed |
4 |
| horse race meeting at a race track wholly
within the |
5 |
| unincorporated area of the township may charge a local
|
6 |
| amusement tax not to exceed 10¢ per admission to such horse |
7 |
| race meeting
by the enactment of an ordinance. However, any |
8 |
| municipality or county
that has a Board licensed inter-track |
9 |
| wagering location facility wholly
within its corporate |
10 |
| boundaries may each impose an admission fee not
to exceed $1.00 |
11 |
| per admission to such inter-track wagering location facility,
|
12 |
| so that a total of not more than $2.00 per admission may be |
13 |
| imposed.
Except as provided in subparagraph (g) of Section 27 |
14 |
| of this Act, the
inter-track wagering location licensee shall |
15 |
| collect any and all such fees
and within 48 hours remit the |
16 |
| fees to the Board, which shall, pursuant to
rule, cause the |
17 |
| fees to be distributed to the county or municipality.
|
18 |
| (g) Notwithstanding any provision in this Act to the |
19 |
| contrary, if in any
calendar year the total taxes and fees |
20 |
| required to be collected from
licensees and distributed under |
21 |
| this Act to all State and local governmental
authorities |
22 |
| exceeds the amount of such taxes and fees distributed to each |
23 |
| State
and local governmental authority to which each State and |
24 |
| local governmental
authority was entitled under this Act for |
25 |
| calendar year 1994, then the first
$11 million of that excess |
26 |
| amount shall be allocated at the earliest possible
date for |
|
|
|
09500HB2035sam008 |
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|
|
1 |
| distribution as purse money for the succeeding calendar year.
|
2 |
| Upon reaching the 1994 level, and until the excess amount of |
3 |
| taxes and fees
exceeds $11 million, the Board shall direct all |
4 |
| licensees to cease paying the
subject taxes and fees and the |
5 |
| Board shall direct all licensees to allocate any such excess |
6 |
| amount for purses as
follows:
|
7 |
| (i) the excess amount shall be initially divided |
8 |
| between thoroughbred and
standardbred purses based on the |
9 |
| thoroughbred's and standardbred's respective
percentages |
10 |
| of total Illinois live wagering in calendar year 1994;
|
11 |
| (ii) each thoroughbred and standardbred organization |
12 |
| licensee issued an
organization licensee in that |
13 |
| succeeding allocation year shall
be
allocated an amount |
14 |
| equal to the product of its percentage of total
Illinois
|
15 |
| live thoroughbred or standardbred wagering in calendar |
16 |
| year 1994 (the total to
be determined based on the sum of |
17 |
| 1994 on-track wagering for all organization
licensees |
18 |
| issued organization licenses in both the allocation year |
19 |
| and the
preceding year) multiplied by
the total amount |
20 |
| allocated for standardbred or thoroughbred purses, |
21 |
| provided
that the first $1,500,000 of the amount allocated |
22 |
| to standardbred
purses under item (i) shall be allocated to |
23 |
| the Department of
Agriculture to be expended with the |
24 |
| assistance and advice of the Illinois
Standardbred |
25 |
| Breeders Funds Advisory Board for the purposes listed in
|
26 |
| subsection (g) of Section 31 of this Act, before the amount |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| allocated to
standardbred purses under item (i) is |
2 |
| allocated to standardbred
organization licensees in the |
3 |
| succeeding allocation year.
|
4 |
| To the extent the excess amount of taxes and fees to be |
5 |
| collected and
distributed to State and local governmental |
6 |
| authorities exceeds $11 million,
that excess amount shall be |
7 |
| collected and distributed to State and local
authorities as |
8 |
| provided for under this Act.
|
9 |
| (Source: P.A. 94-805, eff. 5-26-06.)
|
10 |
| (230 ILCS 5/28) (from Ch. 8, par. 37-28)
|
11 |
| Sec. 28. Except as provided in subsection (g) of Section 27 |
12 |
| of this Act,
moneys collected shall be distributed according to |
13 |
| the provisions of this
Section 28.
|
14 |
| (a) Thirty
per cent of the total of all monies received
by |
15 |
| the State as privilege taxes shall be paid into the |
16 |
| Metropolitan Exposition
Auditorium and Office Building Fund in |
17 |
| the State Treasury.
|
18 |
| (b) In addition, 4.5% of the total of all monies received
|
19 |
| by the State as privilege taxes shall be paid into the State |
20 |
| treasury
into a special Fund to be known as the Metropolitan |
21 |
| Exposition,
Auditorium, and Office Building Fund.
|
22 |
| (c) Fifty per cent of the total of all monies received by |
23 |
| the State
as privilege taxes under the provisions of this Act |
24 |
| shall be paid into
the Agricultural Premium Fund.
|
25 |
| (d) Seven per cent of the total of all monies received by |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| the State
as privilege taxes shall be paid into the Fair and |
2 |
| Exposition Fund in
the State treasury; provided, however, that |
3 |
| when all bonds issued prior to
July 1, 1984 by the Metropolitan |
4 |
| Fair and Exposition Authority shall have
been paid or payment |
5 |
| shall have been provided for upon a refunding of those
bonds, |
6 |
| thereafter 1/12 of $1,665,662 of such monies shall be paid each
|
7 |
| month into the Build Illinois Fund, and the remainder into the |
8 |
| Fair and
Exposition Fund. All excess monies shall be allocated |
9 |
| to the Department of
Agriculture for distribution to county |
10 |
| fairs for premiums and
rehabilitation as set forth in the |
11 |
| Agricultural Fair Act.
|
12 |
| (e) The monies provided for in Section 30 shall be paid |
13 |
| into the
Illinois Thoroughbred Breeders Fund.
|
14 |
| (f) The monies provided for in Section 31 shall be paid |
15 |
| into the
Illinois Standardbred Breeders Fund.
|
16 |
| (g) Until January 1, 2000, that part representing
1/2 of |
17 |
| the total breakage in Thoroughbred,
Harness, Appaloosa, |
18 |
| Arabian, and Quarter Horse racing in the State shall
be paid |
19 |
| into the Illinois Race Track Improvement Fund as established
in |
20 |
| Section 32.
|
21 |
| (h) All other monies received by the Board under this Act |
22 |
| shall be
paid into the General Revenue Fund of the State.
|
23 |
| (i) The salaries of the Board members, secretary, stewards,
|
24 |
| directors of mutuels, veterinarians, representatives, |
25 |
| accountants,
clerks, stenographers, inspectors and other |
26 |
| employees of the Board, and
all expenses of the Board incident |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| to the administration of this Act,
including, but not limited |
2 |
| to, all expenses and salaries incident to the
taking of saliva |
3 |
| and urine samples in accordance with the rules and
regulations |
4 |
| of the Board shall be paid out of the Agricultural Premium
|
5 |
| Fund.
|
6 |
| (j) The Agricultural Premium Fund shall also be used:
|
7 |
| (1) for the expenses of operating the Illinois State |
8 |
| Fair and the
DuQuoin State Fair, including the
payment of |
9 |
| prize money or premiums;
|
10 |
| (2) for the distribution to county fairs, vocational |
11 |
| agriculture
section fairs, agricultural societies, and |
12 |
| agricultural extension clubs
in accordance with the |
13 |
| Agricultural Fair Act, as
amended;
|
14 |
| (3) for payment of prize monies and premiums awarded |
15 |
| and for
expenses incurred in connection with the |
16 |
| International Livestock
Exposition and the Mid-Continent |
17 |
| Livestock Exposition held in Illinois,
which premiums, and |
18 |
| awards must be approved, and paid by the Illinois
|
19 |
| Department of Agriculture;
|
20 |
| (4) for personal service of county agricultural |
21 |
| advisors and county
home advisors;
|
22 |
| (5) for distribution to agricultural home economic |
23 |
| extension
councils in accordance with "An Act in relation |
24 |
| to additional support
and finance for the Agricultural and |
25 |
| Home Economic Extension Councils in
the several counties in |
26 |
| this State and making an appropriation
therefor", approved |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| July 24, 1967, as amended;
|
2 |
| (6) for research on equine disease, including a |
3 |
| development center
therefor;
|
4 |
| (7) for training scholarships for study on equine |
5 |
| diseases to
students at the University of Illinois College |
6 |
| of Veterinary Medicine;
|
7 |
| (8) for the rehabilitation, repair and maintenance of
|
8 |
| the Illinois and DuQuoin State Fair Grounds and
the |
9 |
| structures and facilities thereon and the construction of |
10 |
| permanent
improvements on such Fair Grounds, including |
11 |
| such structures, facilities and
property located on such
|
12 |
| State Fair Grounds which are under the custody and control |
13 |
| of the
Department of Agriculture;
|
14 |
| (9) for the expenses of the Department of Agriculture |
15 |
| under Section
5-530 of the Departments of State Government |
16 |
| Law (20 ILCS
5/5-530);
|
17 |
| (10) for the expenses of the Department of Commerce and |
18 |
| Economic Opportunity under Sections
605-620, 605-625, and
|
19 |
| 605-630 of the Department of Commerce and Economic |
20 |
| Opportunity Law (20 ILCS
605/605-620, 605/605-625, and |
21 |
| 605/605-630);
|
22 |
| (11) for remodeling, expanding, and reconstructing |
23 |
| facilities
destroyed by fire of any Fair and Exposition |
24 |
| Authority in counties with
a population of 1,000,000 or |
25 |
| more inhabitants;
|
26 |
| (12) for the purpose of assisting in the care and |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| general
rehabilitation of disabled veterans of any war and |
2 |
| their surviving
spouses and orphans;
|
3 |
| (13) for expenses of the Department of State Police for |
4 |
| duties
performed under this Act;
|
5 |
| (14) for the Department of Agriculture for soil surveys |
6 |
| and soil and water
conservation purposes;
|
7 |
| (15) for the Department of Agriculture for grants to |
8 |
| the City of Chicago
for conducting the Chicagofest;
|
9 |
| (16) for the State Comptroller for grants and operating |
10 |
| expenses authorized by the Illinois Global Partnership |
11 |
| Act ; .
|
12 |
| (17) for drug testing as authorized in Section 34.3 of |
13 |
| this Act.
|
14 |
| (k) To the extent that monies paid by the Board to the |
15 |
| Agricultural
Premium Fund are in the opinion of the Governor in |
16 |
| excess of the amount
necessary for the purposes herein stated, |
17 |
| the Governor shall notify the
Comptroller and the State |
18 |
| Treasurer of such fact, who, upon receipt of
such notification, |
19 |
| shall transfer such excess monies from the
Agricultural Premium |
20 |
| Fund to the General Revenue Fund.
|
21 |
| (Source: P.A. 94-91, Sections 55-135 and 90-10, eff. 7-1-05.)
|
22 |
| (230 ILCS 5/28.1)
|
23 |
| Sec. 28.1. Payments.
|
24 |
| (a) Beginning on January 1, 2000, moneys collected by the |
25 |
| Department of
Revenue and the Racing Board pursuant to Section |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| 26 or Section 27
of this Act shall be deposited into the Horse |
2 |
| Racing Fund, which is hereby
created as a special fund in the |
3 |
| State Treasury.
|
4 |
| (b) Appropriations, as approved by the General
Assembly, |
5 |
| may be made from
the Horse Racing Fund to the Board to pay the
|
6 |
| salaries of the Board members, secretary, stewards,
directors |
7 |
| of mutuels, veterinarians, representatives, accountants,
|
8 |
| clerks, stenographers, inspectors and other employees of the |
9 |
| Board, and
all expenses of the Board incident to the |
10 |
| administration of this Act,
including, but not limited to, all |
11 |
| expenses and salaries incident to the
taking of saliva and |
12 |
| urine samples in accordance with the rules and
regulations of |
13 |
| the Board.
|
14 |
| (c) Appropriations, as approved by the General Assembly, |
15 |
| shall be made
from the Horse Racing Fund to the Department of |
16 |
| Agriculture for the
purposes identified in paragraphs (2), |
17 |
| (2.5), (4), (6), (7), (8), and
(9) of
subsection (g) of Section |
18 |
| 30, subsection (e) of Section 30.5, and paragraphs
(1),
(2), |
19 |
| (3),
(5), and (8) of subsection (g) of Section 31 and for |
20 |
| standardbred bonus
programs
for owners of horses that win |
21 |
| multiple stakes races that are limited to
Illinois conceived |
22 |
| and foaled horses. From
Beginning on January 1, 2000 until the |
23 |
| effective date of this amendatory Act of the 95th General |
24 |
| Assembly , the Board shall
transfer the remainder of the funds
|
25 |
| generated pursuant to Sections 26 and 27 from the Horse Racing |
26 |
| Fund into the
General Revenue Fund.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (d) Beginning January 1, 2000, payments to all programs in |
2 |
| existence on the
effective date of this amendatory Act of 1999 |
3 |
| that are identified in Sections
26(c), 26(f), 26(h)(11)(C), and |
4 |
| 28, subsections (a), (b), (c), (d), (e), (f),
(g), and (h) of |
5 |
| Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
|
6 |
| and (h) of Section 31 shall be made from the General Revenue |
7 |
| Fund at the
funding levels determined by amounts paid under |
8 |
| this Act in calendar year
1998. Beginning on the effective date |
9 |
| of this amendatory Act of the 93rd General Assembly, payments |
10 |
| to the Peoria Park District shall be made from the General |
11 |
| Revenue Fund at the funding level determined by amounts paid to |
12 |
| that park district for museum purposes under this Act in |
13 |
| calendar year 1994. Beginning on the effective date of this |
14 |
| amendatory Act of the 94th General Assembly, in lieu of |
15 |
| payments to the Champaign Park District for museum purposes, |
16 |
| payments to the Urbana Park District shall be made from the |
17 |
| General Revenue Fund at the funding level determined by amounts |
18 |
| paid to the Champaign Park District for museum purposes under |
19 |
| this Act in calendar year 2005.
|
20 |
| (e) Beginning July 1, 2006, the payment authorized under |
21 |
| subsection (d) to museums and aquariums located in park |
22 |
| districts of over 500,000 population shall be paid to museums, |
23 |
| aquariums, and zoos in amounts determined by Museums in the |
24 |
| Park, an association of museums, aquariums, and zoos located on |
25 |
| Chicago Park District property.
|
26 |
| (f) Beginning July 1, 2007, the Children's Discovery Museum |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| in Normal, Illinois shall receive payments from the General |
2 |
| Revenue Fund at the funding level determined by the amounts |
3 |
| paid to the Miller Park Zoo in Bloomington, Illinois under this |
4 |
| Section in calendar year 2006.
|
5 |
| (g) Notwithstanding any other provision of this Act to the |
6 |
| contrary,
appropriations, as approved by the General Assembly, |
7 |
| may be made from the Fair
and Exposition Fund to the Department |
8 |
| of Agriculture for distribution to
Illinois county fairs to |
9 |
| supplement premiums offered in junior classes. |
10 |
| (Source: P.A. 94-813, eff. 5-26-06; 95-222, eff. 8-16-07.)
|
11 |
| (230 ILCS 5/30)
(from Ch. 8, par. 37-30)
|
12 |
| Sec. 30. (a) The General Assembly declares that it is the |
13 |
| policy of
this State to encourage the breeding of thoroughbred |
14 |
| horses in this
State and the ownership of such horses by |
15 |
| residents of this State in
order to provide for: sufficient |
16 |
| numbers of high quality thoroughbred
horses to participate in |
17 |
| thoroughbred racing meetings in this State,
and to establish |
18 |
| and preserve the agricultural and commercial benefits
of such |
19 |
| breeding and racing industries to the State of Illinois. It is
|
20 |
| the intent of the General Assembly to further this policy by |
21 |
| the
provisions of this Act.
|
22 |
| (b) Each organization licensee conducting a thoroughbred |
23 |
| racing meeting
pursuant to this Act shall provide at least two |
24 |
| races each day limited to
Illinois conceived and foaled horses |
25 |
| or Illinois foaled horses or both. A
minimum of 6 races shall |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| be conducted each week limited to Illinois conceived
and foaled |
2 |
| or Illinois foaled horses or both. Subject to the daily
|
3 |
| availability of horses, one of the 6 races scheduled per week |
4 |
| that are limited
to Illinois conceived and foaled or Illinois |
5 |
| foaled horses or both shall be
limited to Illinois conceived |
6 |
| and foaled or Illinois foaled maidens.
No horses shall be |
7 |
| permitted to start in such races unless duly registered
under |
8 |
| the rules of the Department of Agriculture.
|
9 |
| (c) Conditions of races under subsection (b) shall be |
10 |
| commensurate
with past performance, quality, and class of |
11 |
| Illinois conceived and foaled
and Illinois foaled horses
|
12 |
| available. If, however, sufficient competition cannot be had |
13 |
| among
horses of that class on any day, the races may, with |
14 |
| consent of the
Board, be eliminated for that day and substitute |
15 |
| races provided.
|
16 |
| (d) There is hereby created a special fund of the State |
17 |
| Treasury to be known
as the Illinois Thoroughbred Breeders |
18 |
| Fund.
|
19 |
| Except as provided in subsection (g) of Section 27 of this |
20 |
| Act, 8.5% of all
the monies received by the State as privilege |
21 |
| taxes on Thoroughbred racing
meetings shall be paid into the |
22 |
| Illinois Thoroughbred Breeders Fund.
|
23 |
| (e) The Illinois Thoroughbred Breeders Fund shall be |
24 |
| administered by
the Department of Agriculture
with the advice |
25 |
| and assistance of the
Advisory Board created in subsection (f) |
26 |
| of this Section.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (f) The Illinois Thoroughbred Breeders Fund Advisory Board |
2 |
| shall
consist of the Director of the Department of Agriculture, |
3 |
| who shall
serve as Chairman; a member of the Illinois Racing |
4 |
| Board, designated by
it; 2 representatives of the organization |
5 |
| licensees
conducting thoroughbred
racing meetings, recommended |
6 |
| by them; 2 representatives of the Illinois
Thoroughbred |
7 |
| Breeders and Owners Foundation, recommended by it; and 2
|
8 |
| representatives of the Horsemen's Benevolent Protective |
9 |
| Association or any
successor organization established in |
10 |
| Illinois comprised of the largest number
of owners and |
11 |
| trainers,
recommended
by it, with one representative of the |
12 |
| Horsemen's Benevolent and Protective
Association to come from |
13 |
| its Illinois Division, and one from its Chicago
Division. |
14 |
| Advisory Board members shall serve for 2 years commencing |
15 |
| January 1
of each odd numbered year. If representatives of the |
16 |
| organization licensees
conducting thoroughbred racing |
17 |
| meetings, the Illinois Thoroughbred Breeders and
Owners |
18 |
| Foundation, and the Horsemen's Benevolent Protection |
19 |
| Association have
not been recommended by January 1, of each odd |
20 |
| numbered year, the Director of
the Department of Agriculture |
21 |
| shall make an appointment for the organization
failing to so |
22 |
| recommend a member of the Advisory Board. Advisory Board |
23 |
| members
shall receive no compensation for their services as |
24 |
| members but shall be
reimbursed for all actual and necessary |
25 |
| expenses and disbursements incurred in
the execution of their |
26 |
| official duties.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| (g) Moneys
No monies shall be expended from the Illinois
|
2 |
| Thoroughbred Breeders Fund except as appropriated by the |
3 |
| General
Assembly pursuant to this Act, the Riverboat and Casino |
4 |
| Gambling Act, or both . Monies
appropriated from the Illinois |
5 |
| Thoroughbred Breeders Fund shall be expended by
the Department |
6 |
| of Agriculture, with the advice and assistance of the Illinois
|
7 |
| Thoroughbred Breeders Fund Advisory Board, for the following |
8 |
| purposes only:
|
9 |
| (1) To provide purse supplements to owners of horses |
10 |
| participating
in races limited to Illinois conceived and |
11 |
| foaled and Illinois foaled
horses. Any such purse |
12 |
| supplements shall not be included in and shall
be paid in |
13 |
| addition to any purses, stakes, or breeders' awards offered
|
14 |
| by each organization licensee as determined by agreement |
15 |
| between such
organization licensee and an organization |
16 |
| representing the horsemen. No
monies from the Illinois |
17 |
| Thoroughbred Breeders Fund shall be used to provide
purse |
18 |
| supplements for claiming races in which the minimum |
19 |
| claiming price is
less than $7,500.
|
20 |
| (2) To provide stakes and awards to be paid to the |
21 |
| owners of the
winning horses in certain races limited to |
22 |
| Illinois conceived and foaled
and Illinois foaled horses |
23 |
| designated as stakes races.
|
24 |
| (2.5) To provide an award to the owner or owners of an |
25 |
| Illinois
conceived and foaled or Illinois foaled horse that |
26 |
| wins a
maiden special weight, an allowance, overnight |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| handicap race, or
claiming race with claiming price of |
2 |
| $10,000 or more providing the race
is not restricted
to |
3 |
| Illinois conceived and foaled or Illinois foaled horses.
|
4 |
| Awards shall
also be provided to the owner or owners of |
5 |
| Illinois conceived and foaled and
Illinois foaled horses |
6 |
| that place second or third in those races. To the
extent
|
7 |
| that additional moneys are required to pay the minimum |
8 |
| additional awards of 40%
of the purse the horse earns for |
9 |
| placing first, second or third in those races
for Illinois |
10 |
| foaled horses and of 60% of the purse the horse earns for |
11 |
| placing
first, second or third in those races for Illinois
|
12 |
| conceived and foaled horses, those moneys shall be provided |
13 |
| from the purse
account at the track where earned.
|
14 |
| (3) To provide stallion awards to the owner or owners |
15 |
| of any stallion that
is duly registered with the Illinois |
16 |
| Thoroughbred Breeders Fund Program prior
to the effective |
17 |
| date of this amendatory Act of 1995 whose duly registered
|
18 |
| Illinois conceived and foaled offspring wins a race |
19 |
| conducted at an Illinois
thoroughbred racing meeting other |
20 |
| than a claiming race , provided (i) that the stallion stood |
21 |
| for service within Illinois at the time the offspring was |
22 |
| conceived and (ii) that the stallion did not stand for |
23 |
| service outside of Illinois at any time during the year in |
24 |
| which the offspring was conceived . Such award shall not be
|
25 |
| paid to the owner or owners of an Illinois stallion that |
26 |
| served outside this
State at any time during the calendar |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| year in which such race was conducted.
|
2 |
| (4) To provide $75,000 annually for purses to be
|
3 |
| distributed to
county fairs that provide for the running of |
4 |
| races during each county
fair exclusively for the |
5 |
| thoroughbreds conceived and foaled in
Illinois. The |
6 |
| conditions of the races shall be developed by the county
|
7 |
| fair association and reviewed by the Department with the |
8 |
| advice and
assistance of
the Illinois Thoroughbred |
9 |
| Breeders Fund Advisory Board. There shall be no
wagering of |
10 |
| any kind on the running
of
Illinois conceived and foaled |
11 |
| races at county fairs.
|
12 |
| (4.1) (Blank).
To provide purse money for an Illinois |
13 |
| stallion
stakes program.
|
14 |
| (5) No less than 80% of all monies appropriated to
from
|
15 |
| the
Illinois Thoroughbred Breeders Fund shall be expended |
16 |
| for the purposes in (1),
(2), (2.5), (3), (4), (4.1), and |
17 |
| (5) as shown above.
|
18 |
| (6) To provide for educational programs regarding the |
19 |
| thoroughbred
breeding industry.
|
20 |
| (7) To provide for research programs concerning the |
21 |
| health,
development and care of the thoroughbred horse.
|
22 |
| (8) To provide for a scholarship and training program |
23 |
| for students
of equine veterinary medicine.
|
24 |
| (9) To provide for dissemination of public information |
25 |
| designed to
promote the breeding of thoroughbred horses in |
26 |
| Illinois.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (10) To provide for all expenses incurred in the |
2 |
| administration of
the Illinois Thoroughbred Breeders Fund.
|
3 |
| (h) (Blank).
Whenever the Governor finds that the amount in |
4 |
| the
Illinois
Thoroughbred Breeders Fund is more than the total |
5 |
| of the outstanding
appropriations from such fund, the Governor |
6 |
| shall notify the State
Comptroller and the State Treasurer of |
7 |
| such fact. The Comptroller and
the State Treasurer, upon |
8 |
| receipt of such notification, shall transfer
such excess amount |
9 |
| from the Illinois Thoroughbred Breeders Fund to the
General |
10 |
| Revenue Fund.
|
11 |
| (i) A sum equal to 12 1/2% of the first prize money of |
12 |
| every purse
won by an Illinois foaled or an Illinois conceived |
13 |
| and foaled horse in
races not limited to Illinois foaled horses |
14 |
| or Illinois conceived and
foaled horses, or both, shall be paid |
15 |
| by the organization licensee
conducting the horse race meeting. |
16 |
| Such sum shall be paid from the organization
licensee's share |
17 |
| of the money wagered as follows: 11 1/2% to the breeder of
the |
18 |
| winning horse and 1% to the organization representing |
19 |
| thoroughbred breeders
and owners whose representative serves |
20 |
| on the Illinois Thoroughbred Breeders
Fund Advisory Board for |
21 |
| verifying the amounts of breeders' awards earned,
assuring |
22 |
| their distribution in accordance with this Act, and servicing |
23 |
| and
promoting the Illinois thoroughbred horse racing industry. |
24 |
| The
organization representing thoroughbred breeders and owners |
25 |
| shall cause all
expenditures of monies received under this |
26 |
| subsection (i) to be audited
at least annually by a registered |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| public accountant. The organization
shall file copies of each |
2 |
| annual audit with the Racing Board, the Clerk of
the House of |
3 |
| Representatives and the Secretary of the Senate, and shall
make |
4 |
| copies of each annual audit available to the public upon |
5 |
| request
and upon payment of the reasonable cost of photocopying |
6 |
| the requested
number of copies. Such payments shall not reduce |
7 |
| any award to the owner of the
horse or reduce the taxes payable |
8 |
| under this Act. Upon completion of its
racing meet, each |
9 |
| organization licensee shall deliver to the organization
|
10 |
| representing thoroughbred breeders and owners whose |
11 |
| representative serves on
the Illinois Thoroughbred Breeders |
12 |
| Fund Advisory Board a listing of all the
Illinois foaled and |
13 |
| the Illinois conceived and foaled horses which won
breeders' |
14 |
| awards and the amount of such breeders' awards under this |
15 |
| subsection
to verify accuracy of payments and assure proper |
16 |
| distribution of breeders'
awards in accordance with the |
17 |
| provisions of this Act. Such payments shall be
delivered by the |
18 |
| organization licensee within 30 days of the end of each race
|
19 |
| meeting.
|
20 |
| (j) A sum equal to 12 1/2% of the first prize money won in |
21 |
| each race
limited to Illinois foaled horses or Illinois |
22 |
| conceived and foaled
horses, or both, shall be paid in the |
23 |
| following manner by the
organization licensee conducting the |
24 |
| horse race meeting, from the
organization licensee's share of |
25 |
| the money wagered: 11 1/2% to the breeders of
the horses in |
26 |
| each such race which are the official first, second, third
and |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| fourth finishers and 1% to the organization representing |
2 |
| thoroughbred
breeders and owners whose representative serves |
3 |
| on the Illinois Thoroughbred
Breeders Fund Advisory Board for |
4 |
| verifying the amounts of breeders' awards
earned, assuring |
5 |
| their proper distribution in accordance with this Act, and
|
6 |
| servicing and promoting the Illinois thoroughbred horse racing |
7 |
| industry. The
organization representing thoroughbred breeders |
8 |
| and owners shall cause all
expenditures of monies received |
9 |
| under this subsection (j) to be audited
at least annually by a |
10 |
| registered public accountant. The organization
shall file |
11 |
| copies of each annual audit with the Racing Board, the Clerk of
|
12 |
| the House of Representatives and the Secretary of the Senate, |
13 |
| and shall
make copies of each annual audit available to the |
14 |
| public upon request
and upon payment of the reasonable cost of |
15 |
| photocopying the requested
number of copies.
|
16 |
| The 11 1/2% paid to the breeders in accordance with this |
17 |
| subsection
shall be distributed as follows:
|
18 |
| (1) 60% of such sum shall be paid to the breeder of the |
19 |
| horse which
finishes in the official first position;
|
20 |
| (2) 20% of such sum shall be paid to the breeder of the |
21 |
| horse which
finishes in the official second position;
|
22 |
| (3) 15% of such sum shall be paid to the breeder of the |
23 |
| horse which
finishes in the official third position; and
|
24 |
| (4) 5% of such sum shall be paid to the breeder of the |
25 |
| horse which
finishes in the official fourth position.
|
26 |
| Such payments shall not reduce any award to the owners of a |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| horse or
reduce the taxes payable under this Act. Upon |
2 |
| completion of its racing meet,
each organization licensee shall |
3 |
| deliver to the organization representing
thoroughbred breeders |
4 |
| and owners whose representative serves on the Illinois
|
5 |
| Thoroughbred Breeders Fund Advisory Board a listing of all the |
6 |
| Illinois foaled
and the Illinois conceived and foaled horses |
7 |
| which won breeders' awards and the
amount of such breeders' |
8 |
| awards in accordance with the provisions of this Act.
Such |
9 |
| payments shall be delivered by the organization licensee within |
10 |
| 30 days of
the end of each race meeting.
|
11 |
| (k) The term "breeder", as used herein, means the owner of |
12 |
| the mare at the
time the foal is dropped. An "Illinois foaled |
13 |
| horse" is a foal dropped by a
mare which enters this State on |
14 |
| or before December 1, in the year in which the
horse is bred, |
15 |
| provided the mare remains continuously in
this State until its |
16 |
| foal is born. An "Illinois foaled horse" also means a foal
born |
17 |
| of a mare in the same year as the mare enters this State on or |
18 |
| before
March 1, and remains in this State at least 30 days |
19 |
| after foaling, is bred back
during the season of the foaling to |
20 |
| an Illinois Registered Stallion (unless a
veterinarian |
21 |
| certifies that the mare should not be bred for health reasons),
|
22 |
| and is not bred to a stallion standing in any other state |
23 |
| during the season of
foaling. An "Illinois foaled horse" also |
24 |
| means a foal born in Illinois of a
mare purchased at public |
25 |
| auction subsequent to the mare entering this State
prior to |
26 |
| March 1
February 1 of the foaling year providing the mare is
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| owned solely by one or more Illinois residents or an Illinois |
2 |
| entity that is
entirely owned by one or more Illinois |
3 |
| residents.
|
4 |
| (l) The Department of Agriculture shall, by rule, with the |
5 |
| advice and
assistance of the Illinois Thoroughbred Breeders |
6 |
| Fund Advisory Board:
|
7 |
| (1) Qualify stallions for Illinois breeding; such |
8 |
| stallions to stand for
service within the State of Illinois |
9 |
| at the time of a foal's conception. Such
stallion must not |
10 |
| stand for service at any place outside the State of |
11 |
| Illinois
during the calendar year in which the foal is |
12 |
| conceived. The Department of
Agriculture may assess and |
13 |
| collect an application fee of
$500
fees for the |
14 |
| registration of each Illinois-eligible stallion
stallions . |
15 |
| All fees collected are to be paid into the Illinois
|
16 |
| Thoroughbred Breeders Fund and used by the Illinois |
17 |
| Thoroughbred Breeders
Fund Advisory Board for stallion |
18 |
| awards .
|
19 |
| (2) Provide for the registration of Illinois conceived |
20 |
| and foaled
horses and Illinois foaled horses. No such horse |
21 |
| shall compete in
the races limited to Illinois conceived |
22 |
| and foaled horses or Illinois
foaled horses or both unless |
23 |
| registered with the Department of
Agriculture. The |
24 |
| Department of Agriculture may prescribe such forms as
are |
25 |
| necessary to determine the eligibility of such horses. The |
26 |
| Department of
Agriculture may assess and collect |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| application fees for the registration of
Illinois-eligible |
2 |
| foals. All fees collected are to be paid into the Illinois
|
3 |
| Thoroughbred Breeders Fund. No person
shall knowingly |
4 |
| prepare or cause preparation of an application for
|
5 |
| registration of such foals containing false information.
|
6 |
| (m) The Department of Agriculture, with the advice and |
7 |
| assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
8 |
| Board, shall provide that certain races
limited to Illinois |
9 |
| conceived and foaled and Illinois foaled horses be
stakes races |
10 |
| and determine the total amount of stakes and awards to be paid
|
11 |
| to the owners of the winning horses in such races.
|
12 |
| In determining the stakes races and the amount of awards |
13 |
| for such races,
the Department of Agriculture shall consider |
14 |
| factors, including but not
limited to, the amount of money |
15 |
| appropriated for the Illinois Thoroughbred
Breeders Fund |
16 |
| program, organization licensees' contributions,
availability |
17 |
| of stakes caliber horses as demonstrated by past performances,
|
18 |
| whether the race can be coordinated into the proposed racing |
19 |
| dates within
organization licensees' racing dates, opportunity |
20 |
| for
colts and fillies
and various age groups to race, public |
21 |
| wagering on such races, and the
previous racing schedule.
|
22 |
| (n) The Board and the organizational licensee shall
notify |
23 |
| the Department of the conditions and minimum purses for races
|
24 |
| limited to Illinois conceived and foaled and Illinois foaled |
25 |
| horses
conducted for each organizational licensee conducting a |
26 |
| thoroughbred racing
meeting. The Department of Agriculture |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| with the advice and assistance of
the Illinois Thoroughbred |
2 |
| Breeders Fund Advisory Board may allocate monies
for purse |
3 |
| supplements for such races. In determining whether to allocate
|
4 |
| money and the amount, the Department of Agriculture shall |
5 |
| consider factors,
including but not limited to, the amount of |
6 |
| money appropriated for the
Illinois Thoroughbred Breeders Fund |
7 |
| program, the number of races that may
occur, and the |
8 |
| organizational licensee's purse structure.
|
9 |
| (o) (Blank).
In order to improve the breeding quality of |
10 |
| thoroughbred
horses in the
State, the General Assembly |
11 |
| recognizes that existing provisions of this Section
to |
12 |
| encourage such quality breeding need to be revised and |
13 |
| strengthened. As
such, a Thoroughbred Breeder's Program Task |
14 |
| Force is to be appointed by the
Governor by September 1, 1999 |
15 |
| to make recommendations to the General Assembly
by no later |
16 |
| than March 1, 2000. This task force is to be composed of 2
|
17 |
| representatives from the Illinois Thoroughbred Breeders and |
18 |
| Owners Foundation,
2 from the Illinois Thoroughbred Horsemen's |
19 |
| Association, 3 from Illinois race
tracks operating |
20 |
| thoroughbred race meets for an average of at least 30 days in
|
21 |
| the past 3 years, the Director of Agriculture, the Executive |
22 |
| Director of the
Racing Board, who shall serve as Chairman.
|
23 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
24 |
| (230 ILCS 5/31)
(from Ch. 8, par. 37-31)
|
25 |
| Sec. 31. (a) The General Assembly declares that it is the |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| policy of
this State to encourage the breeding of standardbred |
2 |
| horses in this
State and the ownership of such horses by |
3 |
| residents of this State in
order to provide for: sufficient |
4 |
| numbers of high quality standardbred
horses to participate in |
5 |
| harness racing meetings in this State, and to
establish and |
6 |
| preserve the agricultural and commercial benefits of such
|
7 |
| breeding and racing industries to the State of Illinois. It is |
8 |
| the
intent of the General Assembly to further this policy by |
9 |
| the provisions
of this Section of this Act.
|
10 |
| (b) Each organization licensee conducting a harness
racing |
11 |
| meeting pursuant to this Act shall provide for at least two |
12 |
| races each
race program limited to
Illinois conceived and |
13 |
| foaled horses. A minimum of 6 races shall be
conducted each |
14 |
| week limited to Illinois conceived and foaled horses. No
horses |
15 |
| shall be permitted to start in such races unless duly |
16 |
| registered
under the rules of the Department of Agriculture.
|
17 |
| (b-5) Each organization licensee conducting a harness |
18 |
| racing meeting
pursuant to this Act shall provide stakes races |
19 |
| and early closer races for
Illinois conceived and foaled horses |
20 |
| so the total purses distributed for such
races shall be no less |
21 |
| than 17% of the total purses distributed at the meeting.
|
22 |
| (b-10) Each organization licensee conducting a harness |
23 |
| racing meeting
pursuant to this Act shall provide an owner |
24 |
| award to be paid from the purse
account equal to 25% of the |
25 |
| amount earned by Illinois conceived and foaled
horses in races |
26 |
| that are not restricted to Illinois conceived and foaled
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| horses. |
2 |
| (c) Conditions of races under subsection (b) shall be |
3 |
| commensurate
with past performance, quality and class of |
4 |
| Illinois conceived and
foaled horses available. If, however, |
5 |
| sufficient competition cannot be
had among horses of that class |
6 |
| on any day, the races may, with consent
of the Board, be |
7 |
| eliminated for that day and substitute races provided.
|
8 |
| (d) There is hereby created a special fund of the State |
9 |
| Treasury to
be known as the Illinois Standardbred Breeders |
10 |
| Fund.
|
11 |
| During the calendar year 1981, and each year thereafter, |
12 |
| except as provided
in subsection (g) of Section 27 of this Act, |
13 |
| eight and one-half
per cent of all the monies received by the |
14 |
| State as privilege taxes on
harness racing meetings shall be |
15 |
| paid into the Illinois Standardbred
Breeders Fund.
|
16 |
| (e) The Illinois Standardbred Breeders Fund shall be |
17 |
| administered by
the Department of Agriculture with the |
18 |
| assistance and advice of the
Advisory Board created in |
19 |
| subsection (f) of this Section.
|
20 |
| (f) The Illinois Standardbred Breeders Fund Advisory Board |
21 |
| is hereby
created. The Advisory Board shall consist of the |
22 |
| Director of the
Department of Agriculture, who shall serve as |
23 |
| Chairman; the
Superintendent of the Illinois State Fair; a |
24 |
| member of the Illinois
Racing Board, designated by it; a |
25 |
| representative of the Illinois
Standardbred Owners and |
26 |
| Breeders Association, recommended by it; a
representative of |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| the Illinois Association of Agricultural Fairs,
recommended by |
2 |
| it, such representative to be from a fair at which
Illinois |
3 |
| conceived and foaled racing is conducted; a representative of
|
4 |
| the organization licensees conducting harness racing
meetings, |
5 |
| recommended by them
and a representative of the Illinois |
6 |
| Harness Horsemen's Association,
recommended by it. Advisory |
7 |
| Board members shall serve for 2 years
commencing January 1, of |
8 |
| each odd numbered year. If representatives of
the Illinois |
9 |
| Standardbred Owners and Breeders Associations, the Illinois
|
10 |
| Association of Agricultural Fairs, the Illinois Harness |
11 |
| Horsemen's
Association, and the organization licensees |
12 |
| conducting
harness racing meetings
have not been recommended by |
13 |
| January 1, of each odd numbered year, the
Director of the |
14 |
| Department of Agriculture shall make an appointment for
the |
15 |
| organization failing to so recommend a member of the Advisory |
16 |
| Board.
Advisory Board members shall receive no compensation for |
17 |
| their services
as members but shall be reimbursed for all |
18 |
| actual and necessary expenses
and disbursements incurred in the |
19 |
| execution of their official duties.
|
20 |
| (g) No monies shall be expended from the Illinois |
21 |
| Standardbred
Breeders Fund except as appropriated by the |
22 |
| General Assembly pursuant to this Act, the Riverboat and Casino |
23 |
| Gambling Act, or both . Monies
appropriated from the Illinois |
24 |
| Standardbred Breeders Fund shall be
expended by the Department |
25 |
| of Agriculture, with the assistance and
advice of the Illinois |
26 |
| Standardbred Breeders Fund Advisory Board for the
following |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| purposes only:
|
2 |
| 1. To provide purses for races limited to Illinois |
3 |
| conceived and
foaled horses at the State Fair and the |
4 |
| DuQuoin State Fair .
|
5 |
| 2. To provide purses for races limited to Illinois |
6 |
| conceived and
foaled horses at county fairs.
|
7 |
| 3. To provide purse supplements for races limited to |
8 |
| Illinois
conceived and foaled horses conducted by |
9 |
| associations conducting harness
racing meetings.
|
10 |
| 4. No less than 75% of all monies in the Illinois |
11 |
| Standardbred
Breeders Fund shall be expended for purses in |
12 |
| 1, 2 and 3 as shown above.
|
13 |
| 5. In the discretion of the Department of Agriculture |
14 |
| to provide
awards to harness breeders of Illinois conceived |
15 |
| and foaled horses which
win races conducted by organization |
16 |
| licensees
conducting harness racing meetings.
A breeder is |
17 |
| the owner of a mare at the time of conception. No more
than |
18 |
| 10% of all monies appropriated from the Illinois
|
19 |
| Standardbred Breeders Fund shall
be expended for such |
20 |
| harness breeders awards. No more than 25% of the
amount |
21 |
| expended for harness breeders awards shall be expended for
|
22 |
| expenses incurred in the administration of such harness |
23 |
| breeders awards.
|
24 |
| 6. To pay for the improvement of racing facilities |
25 |
| located at the
State Fair and County fairs.
|
26 |
| 7. To pay the expenses incurred in the administration |
|
|
|
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| of the
Illinois Standardbred Breeders Fund.
|
2 |
| 8. To promote the sport of harness racing , including |
3 |
| grants up to a
maximum of $7,500 per fair per year for the |
4 |
| cost of a totalizer system to be
used for conducting |
5 |
| pari-mutuel wagering during the advertised dates of a
|
6 |
| county fair .
|
7 |
| (h) Whenever the Governor finds that the amount in the |
8 |
| Illinois
Standardbred Breeders Fund is more than the total of |
9 |
| the outstanding
appropriations from such fund, the Governor |
10 |
| shall notify the State
Comptroller and the State Treasurer of |
11 |
| such fact. The Comptroller and
the State Treasurer, upon |
12 |
| receipt of such notification, shall transfer
such excess amount |
13 |
| from the Illinois Standardbred Breeders Fund to the
General |
14 |
| Revenue Fund.
|
15 |
| (i) A sum equal to 12 1/2% of the first prize money of the |
16 |
| gross
every purse
won by an Illinois conceived and foaled horse |
17 |
| shall be paid by the
organization licensee conducting the horse |
18 |
| race meeting to the breeder
of such winning horse from the |
19 |
| organization licensee's
account
share of
the money wagered . |
20 |
| Such payment shall not reduce any award to the owner of
the |
21 |
| horse or reduce the taxes payable under this Act. Such payment |
22 |
| shall be
delivered by the organization licensee at the end of |
23 |
| each month
race
meeting .
|
24 |
| (j) The Department of Agriculture shall, by rule, with the |
25 |
| assistance and
advice of the Illinois Standardbred Breeders |
26 |
| Fund Advisory Board:
|
|
|
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|
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| 1. Qualify stallions for Illinois Standardbred Breeders |
2 |
| Fund breeding; such
stallion shall be owned by a resident of |
3 |
| the State of Illinois or by an
Illinois corporation all of |
4 |
| whose shareholders, directors, officers and
incorporators are |
5 |
| residents of the State of Illinois. Such stallion shall
stand |
6 |
| for service at and within the State of Illinois at the time of |
7 |
| a foal's
conception, and such stallion must not stand for |
8 |
| service at any place , nor
may semen from such stallion be |
9 |
| transported, outside the State of Illinois
during that calendar |
10 |
| year in which the foal is conceived and that the owner of
the |
11 |
| stallion was for the 12 months prior, a resident of Illinois. |
12 |
| The articles
of agreement of any partnership, joint venture, |
13 |
| limited partnership, syndicate,
association or corporation and |
14 |
| any bylaws and stock
certificates must contain a restriction |
15 |
| that provides that the ownership or
transfer of interest by any |
16 |
| one of the persons a party to the agreement can
only be made to |
17 |
| a person who qualifies as an Illinois resident.
Foals conceived |
18 |
| outside the State of Illinois from shipped semen from a
|
19 |
| stallion qualified for breeders' awards under this Section are
|
20 |
| not eligible to participate in the Illinois conceived and |
21 |
| foaled program.
|
22 |
| 2. Provide for the registration of Illinois conceived and |
23 |
| foaled
horses and no such horse shall compete in the races |
24 |
| limited to Illinois
conceived and foaled horses unless |
25 |
| registered with the Department of
Agriculture. The Department |
26 |
| of Agriculture may prescribe such forms as
may be necessary to |
|
|
|
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| determine the eligibility of such horses. No person
shall |
2 |
| knowingly prepare or cause preparation of an application for
|
3 |
| registration of such foals containing false information.
A mare |
4 |
| (dam) must be in the state at least 30 days prior to foaling or
|
5 |
| remain in the State at least 30 days at the time of foaling.
|
6 |
| Beginning with the 1996 breeding season and for foals of 1997 |
7 |
| and thereafter,
a foal conceived in the State of Illinois by |
8 |
| transported fresh semen may be
eligible for Illinois
conceived |
9 |
| and foaled registration provided all breeding and foaling
|
10 |
| requirements are met. The stallion must be qualified for |
11 |
| Illinois Standardbred
Breeders Fund breeding at the time of |
12 |
| conception and the mare must be
inseminated within the State of |
13 |
| Illinois. The foal must be dropped in Illinois
and properly |
14 |
| registered with the Department of Agriculture in accordance |
15 |
| with
this Act.
|
16 |
| 3. Provide that at least a 5 day racing program shall be |
17 |
| conducted
at the State Fair each year, which program shall |
18 |
| include at least the
following races limited to Illinois |
19 |
| conceived and foaled horses: (a) a
two year old Trot and Pace, |
20 |
| and Filly Division of each; (b) a three
year old Trot and Pace, |
21 |
| and Filly Division of each; (c) an aged Trot and Pace,
and Mare |
22 |
| Division of each.
|
23 |
| 4. Provide for the payment of nominating, sustaining and |
24 |
| starting
fees for races promoting the sport of harness racing |
25 |
| and for the races
to be conducted at the State Fair as provided |
26 |
| in
subsection (j) 3 of this Section provided that the |
|
|
|
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|
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| nominating,
sustaining and starting payment required from an |
2 |
| entrant shall not
exceed 2% of the purse of such race. All |
3 |
| nominating, sustaining and
starting payments shall be held for |
4 |
| the benefit of entrants and shall be
paid out as part of the |
5 |
| respective purses for such races.
Nominating, sustaining and |
6 |
| starting fees shall be held in trust accounts
for the purposes |
7 |
| as set forth in this Act and in accordance with Section
205-15 |
8 |
| of the Department of Agriculture Law (20 ILCS
205/205-15).
|
9 |
| 5. Provide for the registration with the Department of |
10 |
| Agriculture
of Colt Associations or county fairs desiring to |
11 |
| sponsor races at county
fairs.
|
12 |
| (k) The Department of Agriculture, with the advice and |
13 |
| assistance of the
Illinois
Standardbred Breeders Fund Advisory |
14 |
| Board, may allocate monies for purse
supplements for such |
15 |
| races. In determining whether to allocate money and
the amount, |
16 |
| the Department
of Agriculture shall consider factors, |
17 |
| including but not limited to, the
amount of money appropriated |
18 |
| for the Illinois Standardbred Breeders Fund
program, the number |
19 |
| of races that may occur, and an organizational
licensee's purse |
20 |
| structure. The organizational licensee shall notify the
|
21 |
| Department of Agriculture of the conditions and minimum purses |
22 |
| for races
limited to Illinois conceived and foaled horses to be |
23 |
| conducted by each
organizational licensee conducting a harness |
24 |
| racing meeting for which purse
supplements have been |
25 |
| negotiated.
|
26 |
| (l) All races held at county fairs and the State Fair which |
|
|
|
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|
1 |
| receive funds
from the Illinois Standardbred Breeders Fund |
2 |
| shall be conducted in
accordance with the rules of the United |
3 |
| States Trotting Association unless
otherwise modified by the |
4 |
| Department of Agriculture.
|
5 |
| (m) At all standardbred race meetings held or conducted |
6 |
| under authority of a
license granted by the Board, and at all |
7 |
| standardbred races held at county
fairs which are approved by |
8 |
| the Department of Agriculture or at the
Illinois or DuQuoin |
9 |
| State Fairs, no one shall jog, train, warm up or drive
a |
10 |
| standardbred horse unless he or she is wearing a protective |
11 |
| safety helmet,
with the
chin strap fastened and in place, which |
12 |
| meets the standards and
requirements as set forth in the 1984 |
13 |
| Standard for Protective Headgear for
Use in Harness Racing and |
14 |
| Other Equestrian Sports published by the Snell
Memorial |
15 |
| Foundation, or any standards and requirements for headgear the
|
16 |
| Illinois Racing Board may approve. Any other standards and |
17 |
| requirements so
approved by the Board shall equal or exceed |
18 |
| those published by the Snell
Memorial Foundation. Any |
19 |
| equestrian helmet bearing the Snell label shall
be deemed to |
20 |
| have met those standards and requirements.
|
21 |
| (Source: P.A. 91-239, eff. 1-1-00.)
|
22 |
| (230 ILCS 5/31.2 new)
|
23 |
| Sec. 31.2. Racing Industry Workers' Fund; advisory board. |
24 |
| (a) The General Assembly finds that backstretch workers |
25 |
| play a critical role in the success and prosperity of the |
|
|
|
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|
1 |
| racing industry. The General Assembly finds that there is a |
2 |
| need to improve the quality and viability of live racing in |
3 |
| Illinois by providing new resources to increase purse sizes and |
4 |
| to improve race track facilities. The General Assembly finds |
5 |
| that there is a concomitant responsibility and duty to address |
6 |
| the human service and housing needs of backstretch workers. |
7 |
| (b) There is hereby created in the State treasury a special |
8 |
| fund to be known as the Racing Industry Workers' Fund. The Fund |
9 |
| shall consist of moneys paid into it under subsection (b) of |
10 |
| Section 54.5 of the Illinois Horse Racing Act of 1975.
|
11 |
| (c) The Illinois Racing Board is authorized to use funds in |
12 |
| the Racing Industry Workers' Fund to fund programs and |
13 |
| initiatives that improve the quality of life of backstretch |
14 |
| workers. Initiatives funded by the Illinois Racing Board shall |
15 |
| address needs such as illiteracy, substance dependence, |
16 |
| primary health care, child care, housing, and any other social |
17 |
| service need determined by the Illinois Racing Board. |
18 |
| (d) On December 31st of each year the Board shall report to |
19 |
| the General Assembly and the Governor on the programs funded by |
20 |
| the Board during the preceding fiscal year, the number of |
21 |
| persons served, and the working and living conditions of |
22 |
| backstretch workers. |
23 |
| (e) The Board shall appoint a Backstretch Programs Advisory |
24 |
| Board, who shall report to and advise the Board on matters |
25 |
| concerning backstretch conditions and needs. The Backstretch |
26 |
| Programs Advisory Board shall consist of the following 7 |
|
|
|
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|
1 |
| members:
|
2 |
| (1) 2 persons who represent the interests of an |
3 |
| organization licensee; |
4 |
| (2) one person who represents the interests of |
5 |
| standardbred horsemen; |
6 |
| (3) one person who represents the interests of |
7 |
| thoroughbred horsemen; |
8 |
| (4) one person who is or was a backstretch worker; |
9 |
| (5) one person who advocates on behalf of backstretch |
10 |
| workers; and |
11 |
| (6) one person who has significant experience in |
12 |
| administering social services. |
13 |
| (f) The Board shall hire, in its sole discretion, a |
14 |
| backstretch workers' Program Coordinator who shall serve under |
15 |
| the direction of the Board to supervise and coordinate the |
16 |
| programs funded by the Racing Industry Workers' Fund. The |
17 |
| Program Coordinator shall be paid from the Racing Industry |
18 |
| Workers' Fund.
|
19 |
| (230 ILCS 5/36) (from Ch. 8, par. 37-36)
|
20 |
| Sec. 36. (a) Whoever administers or conspires to administer |
21 |
| to
any horse a hypnotic, narcotic, stimulant, depressant or any |
22 |
| chemical
substance which may affect the speed of a horse at any |
23 |
| time,
except those chemical substances permitted by ruling of |
24 |
| the Board,
internally, externally or by hypodermic method in a |
25 |
| race or
prior thereto, or whoever knowingly enters a horse in |
|
|
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1 |
| any
race within a period of 24 hours after any hypnotic, |
2 |
| narcotic, stimulant,
depressant or any other chemical |
3 |
| substance which may affect the speed
of a horse at any time, |
4 |
| except those chemical substances permitted
by ruling of the |
5 |
| Board, has been administered to such horse either
internally or |
6 |
| externally or by hypodermic method for the purpose of
|
7 |
| increasing or retarding the speed of such horse shall be guilty |
8 |
| of
a Class 4 felony. The Board shall suspend or
revoke such |
9 |
| violator's license.
|
10 |
| (b) The term "hypnotic" as used in this Section includes |
11 |
| all barbituric
acid preparations and derivatives.
|
12 |
| (c) The term "narcotic" as used in this Section includes |
13 |
| opium and
all its alkaloids, salts, preparations and |
14 |
| derivatives, cocaine
and all its salts, preparations and |
15 |
| derivatives and substitutes.
|
16 |
| (d) The provisions of this Section 36 and the treatment |
17 |
| authorized herein
apply to horses entered in and competing in |
18 |
| race meetings as defined in
Section 3.47 of this Act and to |
19 |
| horses entered in and competing at any county
fair.
|
20 |
| (e) Drug testing for horses entered in and competing at any |
21 |
| county fair shall be conducted by the Department of |
22 |
| Agriculture, with the advice and assistance of the Board. The |
23 |
| Department of Agriculture, with the assistance of the Board, |
24 |
| shall adopt rules for drug testing, for horses entered in and |
25 |
| competing at any county fair.
|
26 |
| (Source: P.A. 79-1185.)
|
|
|
|
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|
1 |
| (230 ILCS 5/54.5) |
2 |
| (Section scheduled to be repealed on May 26, 2008)
|
3 |
| Sec. 54.5. Horse Racing Equity Trust Fund. |
4 |
| (a) There is created a Fund to be known as the Horse
Racing
|
5 |
| Equity Trust Fund, which is a non-appropriated trust fund held |
6 |
| separate and apart from State moneys. The Fund shall consist of |
7 |
| moneys paid into it by owners licensees under
the Riverboat |
8 |
| Gambling Act for the purposes described in this Section. The |
9 |
| Fund shall
be administered
by the Board. Moneys in the Fund |
10 |
| shall be distributed as directed and certified by the Board in |
11 |
| accordance with the provisions of subsection (b).
|
12 |
| (b) An amount equal to $1,000,000 shall be distributed |
13 |
| annually from the Horse Racing Equity Trust Fund to the Racing |
14 |
| Industry Workers' Fund. The remaining moneys deposited into the |
15 |
| Fund, plus any accrued interest on those moneys, shall be |
16 |
| distributed
within 10 days after those moneys are deposited |
17 |
| into the Fund as follows:
|
18 |
| (1) Sixty percent of all moneys distributed under this |
19 |
| subsection shall be
distributed to organization licensees |
20 |
| to be distributed at their race
meetings as purses. |
21 |
| (A) Fifteen percent of the moneys distributed |
22 |
| under this paragraph (1) shall be distributed to any |
23 |
| person (or its successors or assigns) who had operating |
24 |
| control of a racetrack that conducted live racing in |
25 |
| 2002 at a racetrack in a
county with at least 230,000 |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| inhabitants that borders the Mississippi River and is a |
2 |
| licensee in the current year to be distributed at their |
3 |
| race meetings as purses.
|
4 |
| (B) The remaining 85% of the moneys distributed |
5 |
| under this paragraph (1) shall be distributed as |
6 |
| follows:
|
7 |
| (i) fifty-seven
Fifty-seven percent of the |
8 |
| amount distributed under this
paragraph (1) shall |
9 |
| be distributed to licensees who are not eligible to |
10 |
| receive moneys under subparagraph (A) of this |
11 |
| paragraph (1) for thoroughbred race meetings ; and
|
12 |
| (ii) forty-three percent
43% shall be |
13 |
| distributed to licensees who are not eligible to |
14 |
| receive moneys under subparagraph (A) of this |
15 |
| paragraph (1) for standardbred race meetings. |
16 |
| Within each
breed, moneys shall be allocated to each |
17 |
| organization licensee's purse
fund in accordance with |
18 |
| the ratio between the purses generated for that
breed |
19 |
| by that licensee during the prior calendar year and the |
20 |
| total purses
generated throughout the State for that |
21 |
| breed during the prior calendar
year by licensees in |
22 |
| the current calendar year.
|
23 |
| (2) The remaining 40% of the moneys distributed under |
24 |
| this
subsection (b) shall be distributed as follows:
|
25 |
| (A) fifteen percent
11% shall be distributed to any |
26 |
| person (or its successors or assigns) who had operating |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| control of a racetrack that conducted live racing in |
2 |
| 2002 at a racetrack in a
county with at least 230,000 |
3 |
| inhabitants that borders the Mississippi River and is a |
4 |
| licensee in the current year; and
|
5 |
| (B) the remaining 85%
89% shall be distributed pro |
6 |
| rata
according to the aggregate
proportion of total |
7 |
| handle from wagering on live races conducted in |
8 |
| Illinois (irrespective of where the wagers are placed) |
9 |
| for calendar years 2004 and 2005
to any person (or its
|
10 |
| successors or assigns) who (i) had
majority operating |
11 |
| control of a racing facility at which live racing was |
12 |
| conducted in
calendar year 2002, (ii) is a licensee in |
13 |
| the current
year, and (iii) is not eligible to receive |
14 |
| moneys under subparagraph (A) of this paragraph (2).
|
15 |
| The moneys received by an organization licensee |
16 |
| under this paragraph (2) shall be used by each |
17 |
| organization licensee to improve, maintain, market, |
18 |
| and otherwise operate its racing facilities to conduct |
19 |
| live racing, which shall include backstretch services |
20 |
| and capital improvements related to live racing and the |
21 |
| backstretch. Any organization licensees sharing common |
22 |
| ownership may pool the moneys received and spent at all |
23 |
| racing facilities commonly owned in order to meet these |
24 |
| requirements.
|
25 |
| If any person identified in this paragraph (2) becomes
|
26 |
| ineligible to receive moneys from the Fund, such amount |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| shall be redistributed
among the remaining persons in |
2 |
| proportion to their percentages otherwise
calculated.
|
3 |
| (c) The Board shall monitor organization licensees to |
4 |
| ensure that moneys paid to organization licensees under this |
5 |
| Section are distributed by the organization licensees as |
6 |
| provided in subsection (b).
|
7 |
| (d) This Section is repealed 2 years after the effective |
8 |
| date of this amendatory Act of the 94th General Assembly.
|
9 |
| (Source: P.A. 94-804, eff. 5-26-06.) |
10 |
| Section 945. The Riverboat Gambling Act is amended by |
11 |
| changing Sections 1, 2, 3, 4,
5, 6, 7.1, 7.3, 7.4, 8, 9, 10, 11, |
12 |
| 11.1, 12, 13, 14, 18, and 20, by reenacting and changing |
13 |
| Sections 7 and 23, and by adding Sections 5.2, 7.15, and 13.2 |
14 |
| as follows:
|
15 |
| (230 ILCS 10/1) (from Ch. 120, par. 2401)
|
16 |
| Sec. 1. Short title. This Act shall be known and may be |
17 |
| cited as the
Riverboat and Casino Gambling Act.
|
18 |
| (Source: P.A. 86-1029.)
|
19 |
| (230 ILCS 10/2) (from Ch. 120, par. 2402)
|
20 |
| Sec. 2. Legislative Intent.
|
21 |
| (a) This Act is intended to benefit the
people of the State |
22 |
| of Illinois
by assisting economic development and promoting |
23 |
| Illinois tourism
and by increasing the amount of revenues |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| available to the State to assist and
support education.
|
2 |
| (b) While authorization of riverboat and casino gambling |
3 |
| will enhance investment,
development and tourism in Illinois, |
4 |
| it is recognized that it will do so
successfully only if public |
5 |
| confidence and trust in the credibility and
integrity of the |
6 |
| gambling operations and the regulatory process is
maintained. |
7 |
| Therefore, regulatory provisions of this Act are designed to
|
8 |
| strictly regulate the facilities, persons, associations and |
9 |
| practices
related to gambling operations pursuant to the police |
10 |
| powers of the State,
including comprehensive law enforcement |
11 |
| supervision.
|
12 |
| (c) The Illinois Gaming Board established under this Act |
13 |
| should, as soon
as possible, inform each applicant for an |
14 |
| owners license of the Board's
intent to grant or deny a |
15 |
| license.
|
16 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
17 |
| (230 ILCS 10/3)
(from Ch. 120, par. 2403)
|
18 |
| Sec. 3. Riverboat Gambling Authorized.
|
19 |
| (a) Riverboat and casino gambling
operations
and the system |
20 |
| of wagering
incorporated therein , as defined in this Act, are |
21 |
| hereby authorized to the
extent that they are carried out in |
22 |
| accordance with the provisions of this
Act.
|
23 |
| (b) This Act does not apply to the pari-mutuel system of |
24 |
| wagering used
or intended to be used in connection with the |
25 |
| horse-race meetings as
authorized under the Illinois Horse |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Racing Act of 1975, lottery games
authorized under the Illinois |
2 |
| Lottery Law, bingo authorized under the Bingo
License and Tax |
3 |
| Act, charitable games authorized under the Charitable Games
Act |
4 |
| or pull tabs and jar games conducted under the Illinois Pull |
5 |
| Tabs and Jar
Games Act.
|
6 |
| (c) Riverboat gambling conducted pursuant to this Act may |
7 |
| be authorized
upon any water within the State of Illinois or |
8 |
| any
water other than Lake Michigan which constitutes a boundary |
9 |
| of the State
of Illinois.
A licensee may conduct riverboat |
10 |
| gambling authorized under this Act
regardless of whether it |
11 |
| conducts excursion cruises. A licensee may permit
the |
12 |
| continuous ingress and egress of passengers for the purpose of
|
13 |
| gambling.
|
14 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
15 |
| (230 ILCS 10/4) (from Ch. 120, par. 2404)
|
16 |
| Sec. 4. Definitions. As used in this Act:
|
17 |
| "Authority" means the Chicago Casino Development Authority |
18 |
| created under the Chicago Casino Development Authority Act.
|
19 |
| (a) "Board" means the Illinois Gaming Board.
|
20 |
| "Casino" means a land-based facility located within a |
21 |
| municipality with a population of more than 500,000 inhabitants |
22 |
| at which lawful gambling is authorized and licensed as provided |
23 |
| in this Act. "Casino" includes any temporary land-based or |
24 |
| river-based facility at which lawful gambling is authorized and |
25 |
| licensed as provided in this Act. "Casino" does not include any |
|
|
|
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| ancillary facilities such as hotels, restaurants, retail |
2 |
| facilities, conference rooms, parking areas, entertainment |
3 |
| venues, or other facilities at which gambling operations are |
4 |
| not conducted.
|
5 |
| "Casino operator" means any person or entity that manages |
6 |
| casino gambling operations conducted by the Authority under |
7 |
| subsection (e-6) of Section 7. |
8 |
| "Casino operators license" means a license issued by the |
9 |
| Board to a person or entity to manage casino gambling |
10 |
| operations conducted by the Authority pursuant to subsection |
11 |
| (e-6) of Section 7.
|
12 |
| (b) "Occupational license" means a license issued by the |
13 |
| Board to a
person or entity to perform an occupation which the |
14 |
| Board has identified as
requiring a license to engage in |
15 |
| riverboat or casino gambling in Illinois.
|
16 |
| (c) "Gambling game" includes, but is not limited to, |
17 |
| baccarat,
twenty-one, poker, craps, slot machine, video game of |
18 |
| chance, roulette
wheel, klondike table, punchboard, faro |
19 |
| layout, keno layout, numbers
ticket, push card, jar ticket, or |
20 |
| pull tab which is authorized by the Board
as a wagering device |
21 |
| under this Act.
|
22 |
| (d) "Riverboat" means a self-propelled excursion boat, a
|
23 |
| permanently moored barge, or permanently moored barges that are |
24 |
| permanently
fixed together to operate as one vessel, on which |
25 |
| lawful gambling is
authorized and licensed as
provided in this |
26 |
| Act.
|
|
|
|
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|
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| (e) "Managers license" means a license issued by the Board |
2 |
| to a person or
entity
to manage gambling operations conducted |
3 |
| by the State pursuant to Section 7.3
7.2 .
|
4 |
| (f) "Dock" means the location where a riverboat moors for |
5 |
| the purpose of
embarking passengers for and disembarking |
6 |
| passengers from the riverboat.
|
7 |
| (g) " Whole gaming
Gross receipts" means the total amount of |
8 |
| money exchanged for the
purchase of chips, tokens or electronic |
9 |
| cards by riverboat or casino patrons.
|
10 |
| (h) " Gross gaming
Adjusted gross receipts" means the whole |
11 |
| gaming
gross receipts less
winnings paid to wagerers.
|
12 |
| (i) "Cheat" means to alter the selection of criteria which |
13 |
| determine the
result of a gambling game or the amount or |
14 |
| frequency of payment in a gambling
game.
|
15 |
| (j) "Department" means the Department of Revenue.
|
16 |
| (k) "Gambling operation" means the conduct of authorized
|
17 |
| gambling games
authorized under this Act upon a riverboat or in |
18 |
| a casino .
|
19 |
| (l) "License bid" means the lump sum amount of money that |
20 |
| an applicant
bids and agrees to pay the State , or which is paid |
21 |
| by the Authority, in return for an owners license that is
|
22 |
| re-issued on or after July 1, 2003.
|
23 |
| (m) The terms "minority person" and "female" shall have the |
24 |
| same meaning
as
defined in
Section 2 of the Business Enterprise |
25 |
| for Minorities, Females, and Persons with
Disabilities Act.
|
26 |
| "Owners license" means a license to conduct riverboat |
|
|
|
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| gambling operations or casino gambling operations. |
2 |
| "Licensed owner" means a person who holds an owners |
3 |
| license. |
4 |
| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; |
5 |
| revised 1-28-04.)
|
6 |
| (230 ILCS 10/5)
(from Ch. 120, par. 2405)
|
7 |
| Sec. 5. Gaming Board.
|
8 |
| (a) (1) There is hereby established within the Department |
9 |
| of Revenue an
Illinois Gaming Board which shall have the powers |
10 |
| and duties specified in
this Act, and all other powers |
11 |
| necessary and proper to fully and
effectively execute this Act |
12 |
| for the purpose of administering, regulating,
and enforcing the |
13 |
| system of riverboat and casino gambling established by this |
14 |
| Act. Its
jurisdiction shall extend under this Act to every |
15 |
| person, association,
corporation, partnership and trust |
16 |
| involved in riverboat and casino gambling
operations in the |
17 |
| State of Illinois.
|
18 |
| (2) The Board shall consist of 5 members to be appointed by |
19 |
| the Governor
with the advice and consent of the Senate, one of |
20 |
| whom shall be designated
by the Governor to be chairperson
|
21 |
| chairman . Each member shall have a reasonable
knowledge of the |
22 |
| practice, procedure and principles of gambling operations.
|
23 |
| Each member shall either be a resident of Illinois or shall |
24 |
| certify that he or she
will become a resident of Illinois |
25 |
| before taking office. At least one member
shall be experienced |
|
|
|
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|
1 |
| in law enforcement and criminal investigation, at
least one |
2 |
| member shall be a certified public accountant experienced in
|
3 |
| accounting and auditing, and at least one member shall be a |
4 |
| lawyer licensed
to practice law in Illinois.
|
5 |
| (3) The terms of office of the Board members shall be 3 |
6 |
| years, except
that the terms of office of the initial Board |
7 |
| members appointed pursuant to
this Act will commence from the |
8 |
| effective date of this Act and run as
follows: one for a term |
9 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for |
10 |
| a term ending July 1, 1993. Upon the expiration of the
|
11 |
| foregoing terms, the successors of such members shall serve a |
12 |
| term for 3
years and until their successors are appointed and |
13 |
| qualified for like terms.
Vacancies in the Board shall be |
14 |
| filled for the unexpired term in like
manner as original |
15 |
| appointments. Each member of the Board shall be
eligible for |
16 |
| reappointment at the discretion of the Governor with the
advice |
17 |
| and consent of the Senate.
|
18 |
| (4) Each member of the Board shall receive $300 for each |
19 |
| day the
Board meets and for each day the member conducts any |
20 |
| hearing pursuant to
this Act. Each member of the Board shall |
21 |
| also be reimbursed for all actual
and necessary expenses and |
22 |
| disbursements incurred in the execution of official
duties.
|
23 |
| (5) No person shall be appointed a member of the Board or |
24 |
| continue to be
a member of the Board who is, or whose spouse, |
25 |
| child or parent is, a member
of the board of directors of, or a |
26 |
| person financially interested in, any
gambling operation or any |
|
|
|
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|
1 |
| business entity in any way involved in any gambling operation
|
2 |
| subject to the jurisdiction of this Board, or any race
track, |
3 |
| race meeting, racing association or the operations thereof |
4 |
| subject
to the jurisdiction of the Illinois Racing Board. No |
5 |
| Board member shall
hold any other public office for which he |
6 |
| shall receive compensation other
than necessary travel or other |
7 |
| incidental expenses . No person shall be a
member of the Board |
8 |
| who is not of good moral character or who has been
convicted |
9 |
| of, or is under indictment for, a felony under the laws of
|
10 |
| Illinois or any other state, or the United States.
|
11 |
| (5.5) No member of the Board shall engage in any political |
12 |
| activity. For the purposes of this Section, "political" means |
13 |
| any activity in support
of or in connection with any campaign |
14 |
| for federal, State, or local elective office or any political
|
15 |
| organization, but does not include activities (i) relating to |
16 |
| the support or
opposition of any executive, legislative, or |
17 |
| administrative action (as those
terms are defined in Section 2 |
18 |
| of the Lobbyist Registration Act), (ii) relating
to collective |
19 |
| bargaining, or (iii) that are
otherwise
in furtherance of the |
20 |
| person's official
State duties or governmental and public |
21 |
| service functions.
|
22 |
| (6) Any member of the Board may be removed by the Governor |
23 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
24 |
| in office or for engaging in any political activity .
|
25 |
| (7) Before entering upon the discharge of the duties of his |
26 |
| office, each
member of the Board shall take an oath that he |
|
|
|
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|
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| will faithfully execute the
duties of his office according to |
2 |
| the laws of the State and the rules and
regulations adopted |
3 |
| therewith and shall give bond to the State of Illinois,
|
4 |
| approved by the Governor, in the sum of $25,000. Every such |
5 |
| bond, when
duly executed and approved, shall be recorded in the |
6 |
| office of the
Secretary of State. Whenever the Governor |
7 |
| determines that the bond of any
member of the Board has become |
8 |
| or is likely to become invalid or
insufficient, he shall |
9 |
| require such member forthwith to renew his bond,
which is to be |
10 |
| approved by the Governor. Any member of the Board who fails
to |
11 |
| take oath and give bond within 30 days from the date of his |
12 |
| appointment,
or who fails to renew his bond within 30 days |
13 |
| after it is demanded by the
Governor, shall be guilty of |
14 |
| neglect of duty and may be removed by the
Governor. The cost of |
15 |
| any bond given by any member of the Board under this
Section |
16 |
| shall be taken to be a part of the necessary expenses of the |
17 |
| Board.
|
18 |
| (8) Upon the request of the Board, the Department shall |
19 |
| employ such
personnel as may be necessary to carry out the |
20 |
| functions of the Board. No
person shall be employed to serve |
21 |
| the Board who is, or whose spouse, parent
or child is, an |
22 |
| official of, or has a financial interest in or financial
|
23 |
| relation with, any operator engaged in gambling operations |
24 |
| within this
State or any organization engaged in conducting |
25 |
| horse racing within this
State. Any employee violating these |
26 |
| prohibitions shall be subject to
termination of employment.
|
|
|
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|
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| (9) An Administrator shall perform any and all duties that |
2 |
| the Board
shall assign him. The salary of the Administrator |
3 |
| shall be determined by
the Board and approved by the Director |
4 |
| of the Department and, in addition,
he shall be reimbursed for |
5 |
| all actual and necessary expenses incurred by
him in discharge |
6 |
| of his official duties. The Administrator shall keep
records of |
7 |
| all proceedings of the Board and shall preserve all records,
|
8 |
| books, documents and other papers belonging to the Board or |
9 |
| entrusted to
its care. The Administrator shall devote his full |
10 |
| time to the duties of
the office and shall not hold any other |
11 |
| office or employment.
|
12 |
| (b) The Board shall have general responsibility for the |
13 |
| implementation
of this Act. Its duties include, without |
14 |
| limitation, the following:
|
15 |
| (1) To decide promptly and in reasonable order all |
16 |
| license applications.
Any party aggrieved by an action of |
17 |
| the Board denying, suspending,
revoking, restricting or |
18 |
| refusing to renew a license may request a hearing
before |
19 |
| the Board. A request for a hearing must be made to the |
20 |
| Board in
writing within 5 days after service of notice of |
21 |
| the action of the Board.
Notice of the action of the Board |
22 |
| shall be served either by personal
delivery or by certified |
23 |
| mail, postage prepaid, to the aggrieved party.
Notice |
24 |
| served by certified mail shall be deemed complete on the |
25 |
| business
day following the date of such mailing. The Board |
26 |
| shall conduct all
requested hearings promptly and in |
|
|
|
09500HB2035sam008 |
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|
|
1 |
| reasonable order;
|
2 |
| (2) To conduct all hearings pertaining to civil |
3 |
| violations of this Act
or rules and regulations promulgated |
4 |
| hereunder;
|
5 |
| (3) To promulgate such rules and regulations as in its |
6 |
| judgment may be
necessary to protect or enhance the |
7 |
| credibility and integrity of gambling
operations |
8 |
| authorized by this Act and the regulatory process |
9 |
| hereunder;
|
10 |
| (4) To provide for the establishment and collection of |
11 |
| all license and
registration fees and taxes imposed by this |
12 |
| Act and the rules and
regulations issued pursuant hereto. |
13 |
| All such fees and taxes shall be
deposited into the State |
14 |
| Gaming Fund;
|
15 |
| (5) To provide for the levy and collection of penalties |
16 |
| and fines for the
violation of provisions of this Act and |
17 |
| the rules and regulations
promulgated hereunder. All such |
18 |
| fines and penalties shall be deposited
into the Education |
19 |
| Assistance Fund, created by Public Act 86-0018, of the
|
20 |
| State of Illinois;
|
21 |
| (6) To be present through its inspectors and agents any |
22 |
| time gambling
operations are conducted on any riverboat or |
23 |
| in any casino
for the purpose of certifying the
revenue |
24 |
| thereof, receiving complaints from the public, and |
25 |
| conducting such
other investigations into the conduct of |
26 |
| the gambling games and the
maintenance of the equipment as |
|
|
|
09500HB2035sam008 |
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|
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| from time to time the Board may deem
necessary and proper;
|
2 |
| (7) To review and rule upon any complaint by a licensee
|
3 |
| regarding any investigative procedures of the State which |
4 |
| are unnecessarily
disruptive of gambling operations. The |
5 |
| need to inspect and investigate
shall be presumed at all |
6 |
| times. The disruption of a licensee's operations
shall be |
7 |
| proved by clear and convincing evidence, and establish |
8 |
| that: (A)
the procedures had no reasonable law enforcement |
9 |
| purposes, and (B) the
procedures were so disruptive as to |
10 |
| unreasonably inhibit gambling operations;
|
11 |
| (8) To hold at least one meeting each quarter of the |
12 |
| fiscal
year. In addition, special meetings may be called by |
13 |
| the chairperson
Chairman or any 2
Board members upon 72 |
14 |
| hours written notice to each member. All Board
meetings |
15 |
| shall be subject to the Open Meetings Act. Three members of |
16 |
| the
Board shall constitute a quorum, and 3 votes shall be |
17 |
| required for any
final determination by the Board. The |
18 |
| Board shall keep a complete and
accurate record of all its |
19 |
| meetings. A majority of the members of the Board
shall |
20 |
| constitute a quorum for the transaction of any business, |
21 |
| for the
performance of any duty, or for the exercise of any |
22 |
| power which this Act
requires the Board members to |
23 |
| transact, perform or exercise en banc, except
that, upon |
24 |
| order of the Board, one of the Board members or an
|
25 |
| administrative law judge designated by the Board may |
26 |
| conduct any hearing
provided for under this Act or by Board |
|
|
|
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|
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| rule and may recommend findings and
decisions to the Board. |
2 |
| The Board member or administrative law judge
conducting |
3 |
| such hearing shall have all powers and rights granted to |
4 |
| the
Board in this Act. The record made at the time of the |
5 |
| hearing shall be
reviewed by the Board, or a majority |
6 |
| thereof, and the findings and decision
of the majority of |
7 |
| the Board shall constitute the order of the Board in
such |
8 |
| case;
|
9 |
| (9) To maintain records which are separate and distinct |
10 |
| from the records
of any other State board or commission. |
11 |
| Such records shall be available
for public inspection and |
12 |
| shall accurately reflect all Board proceedings;
|
13 |
| (10) To file a written annual report with the Governor |
14 |
| on or before
March 1 each year and such additional reports |
15 |
| as the Governor may request.
The annual report shall |
16 |
| include a statement of receipts and disbursements
by the |
17 |
| Board, actions taken by the Board, and any additional |
18 |
| information
and recommendations which the Board may deem |
19 |
| valuable or which the Governor
may request;
|
20 |
| (11) (Blank); and
|
21 |
| (12) To assume responsibility for the administration |
22 |
| and
enforcement of the Bingo License and Tax Act, the |
23 |
| Charitable Games Act, and
the Pull Tabs and Jar Games Act |
24 |
| if such responsibility is delegated to it
by the Director |
25 |
| of Revenue ; and .
|
26 |
| (13) To adopt, by rule, a code of conduct governing |
|
|
|
09500HB2035sam008 |
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| Board members and employees that ensure, to the maximum |
2 |
| extent possible, that persons subject to this Code avoid |
3 |
| situations, relationships, or associations that may |
4 |
| represent or lead to a conflict of interest.
|
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 authorized under this Act
in |
16 |
| this State and all persons in
places
on riverboats where |
17 |
| gambling
operations are conducted.
|
18 |
| (3) To promulgate rules and regulations for the purpose |
19 |
| of administering
the provisions of this Act and to |
20 |
| prescribe rules, regulations and
conditions under which |
21 |
| all riverboat gambling operations subject to this
Act
in |
22 |
| the State shall be
conducted. Such rules and regulations |
23 |
| are to provide for the prevention of
practices detrimental |
24 |
| to the public interest and for the best interests of
|
25 |
| riverboat gambling, including rules and regulations |
26 |
| regarding the
inspection of
such riverboats and casinos and |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| the
review of any permits or licenses
necessary to operate |
2 |
| a riverboat or casino under any laws or regulations |
3 |
| applicable
to riverboats or casinos , and to impose |
4 |
| penalties for violations thereof.
|
5 |
| (4) To enter the office, riverboats, casinos, and
other
|
6 |
| facilities , or other
places of business of an owners
a
|
7 |
| licensee, where evidence of the compliance or
|
8 |
| noncompliance with the provisions of this Act is likely to |
9 |
| be found.
|
10 |
| (5) To investigate alleged violations of this Act or |
11 |
| the
rules of the Board and to take appropriate disciplinary
|
12 |
| action against a licensee or a holder of an occupational |
13 |
| license for a
violation, or institute appropriate legal |
14 |
| action for enforcement, or both.
|
15 |
| (6) To adopt standards for the licensing of all persons |
16 |
| under this Act,
as well as for electronic or mechanical |
17 |
| gambling games, and to establish
fees for such licenses.
|
18 |
| (7) To adopt appropriate standards for all
riverboats , |
19 |
| casinos,
and other facilities authorized under this Act .
|
20 |
| (8) To require that the records, including financial or |
21 |
| other statements
of any licensee under this Act, shall be |
22 |
| kept in such manner as prescribed
by the Board and that any |
23 |
| such licensee involved in the ownership or
management of |
24 |
| gambling operations submit to the Board an annual balance
|
25 |
| sheet and profit and loss statement, list of the |
26 |
| stockholders or other
persons having a 1% or greater |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| beneficial interest in the gambling
activities of each |
2 |
| licensee, and any other information the Board deems
|
3 |
| necessary in order to effectively administer this Act and |
4 |
| all rules,
regulations, orders and final decisions |
5 |
| promulgated under this Act.
|
6 |
| (9) To conduct hearings, issue subpoenas for the |
7 |
| attendance of
witnesses and subpoenas duces tecum for the |
8 |
| production of books, records
and other pertinent documents |
9 |
| in accordance with the Illinois
Administrative Procedure |
10 |
| Act, and to administer oaths and affirmations to
the |
11 |
| witnesses, when, in the judgment of the Board, it is |
12 |
| necessary to
administer or enforce this Act or the Board |
13 |
| rules.
|
14 |
| (10) To prescribe a form to be used by any licensee |
15 |
| involved in the
ownership or management of gambling |
16 |
| operations as an
application for employment for their |
17 |
| employees.
|
18 |
| (11) To revoke or suspend licenses, other than the |
19 |
| license issued to the Authority, as the Board may see fit |
20 |
| and in
compliance with applicable laws of the State |
21 |
| regarding administrative
procedures, and to review |
22 |
| applications for the renewal of licenses. The
Board may |
23 |
| suspend an owners license (other than the license issued to |
24 |
| the Authority) , without
notice or hearing , upon a
|
25 |
| determination that the safety or health of patrons or |
26 |
| employees is
jeopardized by continuing a gambling |
|
|
|
09500HB2035sam008 |
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|
|
1 |
| operation conducted under that license
a riverboat's |
2 |
| operation . The suspension may
remain in effect until the |
3 |
| Board determines that the cause for suspension
has been |
4 |
| abated. The Board may revoke the owners license (other than |
5 |
| the license issued to the Authority) upon a
determination |
6 |
| that the licensee
owner has not made satisfactory
progress |
7 |
| toward
abating the hazard.
|
8 |
| (12) To eject or exclude or authorize the ejection or |
9 |
| exclusion of, any
person from riverboat gambling |
10 |
| facilities where that
such person is
in violation
of this |
11 |
| Act, rules and regulations thereunder, or final orders of |
12 |
| the
Board, or where such person's conduct or reputation is |
13 |
| such that his or her
presence within the riverboat gambling |
14 |
| facilities may, in the opinion of
the Board, call into |
15 |
| question the honesty and integrity of the gambling
|
16 |
| operations or interfere with the orderly conduct thereof; |
17 |
| provided that the
propriety of such ejection or exclusion |
18 |
| is subject to subsequent hearing
by the Board.
|
19 |
| (13) To require all licensees of gambling operations to |
20 |
| utilize a
cashless wagering system whereby all players' |
21 |
| money is converted to tokens,
electronic cards, or chips |
22 |
| which shall be used only for wagering in the
gambling |
23 |
| establishment.
|
24 |
| (14) (Blank).
|
25 |
| (15) To suspend, revoke or restrict licenses (other |
26 |
| than the license issued to the Authority) , to require the
|
|
|
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|
1 |
| removal of a licensee or an employee of a licensee for a |
2 |
| violation of this
Act or a Board rule or for engaging in a |
3 |
| fraudulent practice, and to
impose civil penalties of up to |
4 |
| $5,000 against individuals and up to
$10,000 or an amount |
5 |
| equal to the daily whole gaming
gross receipts, whichever |
6 |
| is
larger, against licensees for each violation of any |
7 |
| provision of the Act,
any rules adopted by the Board, any |
8 |
| order of the Board or any other action
which, in the |
9 |
| Board's discretion, is a detriment or impediment to |
10 |
| riverboat
gambling operations.
|
11 |
| (16) To hire employees to gather information, conduct |
12 |
| investigations
and carry out any other tasks contemplated |
13 |
| under this Act.
|
14 |
| (17) To establish minimum levels of insurance to be |
15 |
| maintained by
licensees.
|
16 |
| (18) To authorize a licensee to sell or serve alcoholic |
17 |
| liquors, wine or
beer as defined in the Liquor Control Act |
18 |
| of 1934 on board a riverboat or in a casino
and to have |
19 |
| exclusive authority to establish the hours for sale and
|
20 |
| consumption of alcoholic liquor on board a riverboat or in |
21 |
| a casino , notwithstanding any
provision of the Liquor |
22 |
| Control Act of 1934 or any local ordinance, and
regardless |
23 |
| of whether the riverboat or in a casino makes excursions. |
24 |
| The
establishment of the hours for sale and consumption of |
25 |
| alcoholic liquor on
board a riverboat or in a casino is an |
26 |
| exclusive power and function of the State. A home
rule unit |
|
|
|
09500HB2035sam008 |
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|
1 |
| may not establish the hours for sale and consumption of |
2 |
| alcoholic
liquor on board a riverboat or in a casino . This |
3 |
| subdivision (18)
amendatory Act of
1991 is a denial and
|
4 |
| limitation of home rule powers and functions under |
5 |
| subsection (h) of
Section 6 of Article VII of the Illinois |
6 |
| Constitution.
|
7 |
| (19) After consultation with the U.S. Army Corps of |
8 |
| Engineers, to
establish binding emergency orders upon the |
9 |
| concurrence of a majority of
the members of the Board |
10 |
| regarding the navigability of water, relative to
|
11 |
| excursions,
in the event
of extreme weather conditions, |
12 |
| acts of God or other extreme circumstances.
|
13 |
| (20) To delegate the execution of any of its powers |
14 |
| under this Act for
the purpose of administering and |
15 |
| enforcing this Act and its rules and
regulations hereunder.
|
16 |
| (21) To take any other action as may be reasonable or
|
17 |
| appropriate to
enforce this Act and rules and regulations |
18 |
| hereunder.
|
19 |
| (d) The Board may seek and shall receive the cooperation of |
20 |
| the
Department of State Police in conducting background |
21 |
| investigations of
applicants and in fulfilling its |
22 |
| responsibilities under
this Section. Costs incurred by the |
23 |
| Department of State Police as
a result of such cooperation |
24 |
| shall be paid by the Board in conformance
with the requirements |
25 |
| of Section 2605-400 of the Department of State Police Law
(20 |
26 |
| ILCS 2605/2605-400).
|
|
|
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09500HB2035sam008 |
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|
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| (e) The Board must authorize to each investigator and to |
2 |
| any other
employee of the Board exercising the powers of a |
3 |
| peace officer a distinct badge
that, on its face, (i) clearly |
4 |
| states that the badge is authorized by the Board
and
(ii) |
5 |
| contains a unique identifying number. No other badge shall be |
6 |
| authorized
by the Board.
|
7 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, |
8 |
| eff.
1-1-01.)
|
9 |
| (230 ILCS 10/5.2 new)
|
10 |
| Sec. 5.2. Enforcement and investigations. Notwithstanding |
11 |
| any provision in this Act to the contrary, all duties related |
12 |
| to investigations under this Act and the enforcement of this |
13 |
| Act shall be divided equally between employees of the |
14 |
| Department of State Police and investigators employed by the |
15 |
| Department of Revenue.
|
16 |
| (230 ILCS 10/6) (from Ch. 120, par. 2406)
|
17 |
| Sec. 6. Application for Owners License.
|
18 |
| (a) A qualified person , other than the Authority, may
apply |
19 |
| to the Board for an owners license to
conduct a riverboat |
20 |
| gambling operation as provided in this Act. The
application |
21 |
| shall be made on forms provided by the Board and shall contain
|
22 |
| such information as the Board prescribes, including but not |
23 |
| limited to the
identity of the riverboat on which such gambling |
24 |
| operation is to be
conducted and the exact location where such |
|
|
|
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|
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| riverboat will be docked, a
certification that the riverboat |
2 |
| will be registered under this Act at all
times during which |
3 |
| gambling operations are conducted on board, detailed
|
4 |
| information regarding the ownership and management of the |
5 |
| applicant, and
detailed personal information regarding the |
6 |
| applicant. Any application for an
owners license to be |
7 |
| re-issued on or after June 1, 2003 shall also
include the |
8 |
| applicant's license bid in a form prescribed by the Board.
|
9 |
| Information
provided on the application shall be used as a |
10 |
| basis for a thorough
background investigation which the Board |
11 |
| shall conduct with respect to each
applicant. An incomplete |
12 |
| application shall be cause for denial of a license
by the |
13 |
| Board.
|
14 |
| (b) Applicants shall submit with their application all |
15 |
| documents,
resolutions, and letters of support from the |
16 |
| governing body that represents
the municipality or county |
17 |
| wherein the licensee will dock.
|
18 |
| (c) Each applicant shall disclose the identity of every |
19 |
| person,
association, trust or corporation having a greater than |
20 |
| 1% direct or
indirect pecuniary interest in the riverboat |
21 |
| gambling operation with
respect to which the license is sought. |
22 |
| If the disclosed entity is a
trust, the application shall |
23 |
| disclose the names and addresses of the
beneficiaries; if a |
24 |
| corporation, the names and
addresses of all stockholders and |
25 |
| directors; if a partnership, the names
and addresses of all |
26 |
| partners, both general and limited.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
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| (d) An application shall be filed with the Board by January |
2 |
| 1 of the
year preceding any calendar year for which an |
3 |
| applicant seeks an owners
license; however, applications for an |
4 |
| owners license permitting
operations on January 1, 1991 shall |
5 |
| be filed by July 1, 1990. An
application fee of $50,000 shall |
6 |
| be paid at the time of filing
to defray the costs associated |
7 |
| with the
background investigation conducted by the Board. If |
8 |
| the costs of the
investigation exceed $50,000, the applicant |
9 |
| shall pay the additional amount
to the Board. If the costs of |
10 |
| the investigation are less than $50,000, the
applicant shall |
11 |
| receive a refund of the remaining amount. All
information, |
12 |
| records, interviews, reports, statements, memoranda or other
|
13 |
| data supplied to or used by the Board in the course of its |
14 |
| review or
investigation of an application for a license under |
15 |
| this Act shall be
privileged, strictly confidential and shall |
16 |
| be used only for the purpose of
evaluating an applicant. Such |
17 |
| information, records, interviews, reports,
statements, |
18 |
| memoranda or other data shall not be admissible as evidence,
|
19 |
| nor discoverable in any action of any kind in any court or |
20 |
| before any
tribunal, board, agency or person, except for any |
21 |
| action deemed necessary
by the Board.
|
22 |
| (e) The Board shall charge each applicant a fee set by the |
23 |
| Department of
State Police to defray the costs associated with |
24 |
| the search and
classification of fingerprints obtained by the |
25 |
| Board with respect to the
applicant's application. These fees |
26 |
| shall be paid into the State Police
Services Fund.
|
|
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|
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| (f) The licensed owner shall be the person primarily |
2 |
| responsible for the
boat itself. Only one riverboat gambling |
3 |
| operation may be authorized
by the Board on any riverboat. The |
4 |
| applicant must identify each riverboat
it intends to use and |
5 |
| certify that the riverboat: (1) has the authorized
capacity |
6 |
| required in this Act; (2) is accessible to disabled persons; |
7 |
| and
(3) is fully registered and licensed in accordance
with any |
8 |
| applicable laws.
|
9 |
| (g) A person who knowingly makes a false statement on an |
10 |
| application is
guilty of a Class A misdemeanor.
|
11 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
12 |
| (230 ILCS 10/7) (from Ch. 120, par. 2407)
|
13 |
| Sec. 7. Owners Licenses.
|
14 |
| (a) The Board shall issue owners licenses to persons, firms |
15 |
| or
corporations which apply for such licenses upon payment to |
16 |
| the Board of the
non-refundable license fee set by the Board, |
17 |
| upon payment of a $25,000
license fee for the first year of |
18 |
| operation and a $5,000 license fee for
each succeeding year and |
19 |
| upon a determination by the Board that the
applicant is |
20 |
| eligible for an owners license pursuant to this Act and the
|
21 |
| rules of the Board. No application under this Section shall be |
22 |
| required from the Authority. The Authority is not required to |
23 |
| pay the yearly license fees imposed above. From May 26, 2006 |
24 |
| ( For a period of 2 years beginning on the effective date of |
25 |
| Public Act 94-804) until the effective date of this amendatory |
|
|
|
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|
1 |
| Act of the 95th General Assembly
this amendatory Act of the |
2 |
| 94th General Assembly , as a condition of licensure and as an |
3 |
| alternative source of payment for those funds payable under |
4 |
| subsection (c-5) of Section 13 of the Riverboat and Casino
|
5 |
| Gambling Act, any owners licensee that holds or receives its |
6 |
| owners license on or after the effective date of this |
7 |
| amendatory Act of the 94th General Assembly, other than an |
8 |
| owners licensee operating a riverboat with adjusted gross |
9 |
| receipts in calendar year 2004 of less than $200,000,000, must |
10 |
| pay into the Horse Racing Equity Trust Fund, in addition to any |
11 |
| other payments required under this Act, an amount equal to 3% |
12 |
| of the adjusted gross receipts received by the owners licensee. |
13 |
| Beginning on the effective date of this amendatory Act of the |
14 |
| 95th General
Assembly, as a condition of licensure and as an |
15 |
| alternative source of payment for those funds payable under |
16 |
| subsection (c-5) of Section 13, any owners licensee that holds |
17 |
| or receives its owners license on or after the effective date |
18 |
| of this amendatory Act of the 95th General Assembly must pay |
19 |
| into the Horse Racing Equity Trust Fund, in addition to any |
20 |
| other payments required under this Act, based on the gross |
21 |
| gaming receipts received by a licensed owner authorized to |
22 |
| conduct riverboat or casino gambling, an amount based on the |
23 |
| following rates: |
24 |
| 0.5% for owners licensees with annual gross gaming |
25 |
| receipts up to and including $50,000,000; |
26 |
| 1% for owners licensees with annual gross gaming |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| receipts in excess of $50,000,000 but not exceeding |
2 |
| $100,000,000; |
3 |
| 1.5% for owners licensees with annual gross gaming |
4 |
| receipts in excess of $100,000,000 but not exceeding |
5 |
| $250,000,000; |
6 |
| 3.5% for owners licensees with annual gross gaming |
7 |
| receipts in excess of $250,000,000.
|
8 |
| The payments required under this Section shall be made by |
9 |
| the owners licensee to the State Treasurer no later than 3:00 |
10 |
| o'clock p.m. of the day after the day when the adjusted gross |
11 |
| gaming receipts were received by the owners licensee. A person, |
12 |
| firm or corporation is ineligible to receive
an owners license |
13 |
| if:
|
14 |
| (1) the person has been convicted of a felony under the |
15 |
| laws of this
State, any other state, or the United States;
|
16 |
| (2) the person has been convicted of any violation of |
17 |
| Article 28 of the
Criminal Code of 1961, or substantially |
18 |
| similar laws of any other jurisdiction;
|
19 |
| (3) the person has submitted an application for a |
20 |
| license under this
Act which contains false information;
|
21 |
| (4) the person is
a member of the Board;
|
22 |
| (5) a person defined in (1), (2), (3) or (4) is an |
23 |
| officer, director or
managerial employee of the firm or |
24 |
| corporation;
|
25 |
| (6) the firm or corporation employs a person defined in |
26 |
| (1), (2), (3) or
(4) who participates in the management or |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| operation of gambling operations
authorized under this |
2 |
| Act;
|
3 |
| (7) (blank); or
|
4 |
| (8) a license of the person, firm or corporation issued |
5 |
| under
this Act, or a license to own or operate gambling |
6 |
| facilities
in any other jurisdiction, has been revoked.
|
7 |
| (b) In determining whether to grant an owners license to an |
8 |
| applicant, the
Board shall consider:
|
9 |
| (1) the character, reputation, experience and |
10 |
| financial integrity of the
applicants and of any other or |
11 |
| separate person that either:
|
12 |
| (A) controls, directly or indirectly, such |
13 |
| applicant, or
|
14 |
| (B) is controlled, directly or indirectly, by such |
15 |
| applicant or by a
person which controls, directly or |
16 |
| indirectly, such applicant;
|
17 |
| (2) the facilities or proposed facilities for the |
18 |
| conduct of riverboat
gambling;
|
19 |
| (3) the highest prospective total revenue to be derived |
20 |
| by the State
from the conduct of riverboat gambling;
|
21 |
| (4) the extent to which the ownership of the applicant |
22 |
| reflects the
diversity of the State by including minority |
23 |
| persons and females
and the good faith affirmative action |
24 |
| plan of
each applicant to recruit, train and upgrade |
25 |
| minority persons and females in all employment |
26 |
| classifications;
|
|
|
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09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| (5) the financial ability of the applicant to purchase |
2 |
| and maintain
adequate liability and casualty insurance;
|
3 |
| (6) whether the applicant has adequate capitalization |
4 |
| to provide and
maintain, for the duration of a license, a |
5 |
| riverboat;
|
6 |
| (7) the extent to which the applicant exceeds or meets |
7 |
| other standards
for the issuance of an owners license which |
8 |
| the Board may adopt by rule;
and
|
9 |
| (8) The amount of the applicant's license bid.
|
10 |
| (c) Each owners license shall specify the place where |
11 |
| riverboats shall
operate and dock.
|
12 |
| (d) Each applicant shall submit with his application, on |
13 |
| forms
provided by the Board, 2 sets of his fingerprints.
|
14 |
| (e) In addition to the license authorized under subsections |
15 |
| (e-5) and (e-6), the
The Board may issue up to 10 licenses |
16 |
| authorizing the holders of such
licenses to own riverboats. In |
17 |
| the application for an owners license, the
applicant shall |
18 |
| state the dock at which the riverboat is based and the water
on |
19 |
| which the riverboat will be located. The Board shall issue 5 |
20 |
| licenses to
become effective not earlier than January 1, 1991. |
21 |
| Three of such licenses
shall authorize riverboat gambling on |
22 |
| the Mississippi River, or, with approval
by the municipality in |
23 |
| which the
riverboat was docked on August 7, 2003 and with Board |
24 |
| approval, be authorized to relocate to a new location,
in a
|
25 |
| municipality that (1) borders on the Mississippi River or is |
26 |
| within 5
miles of the city limits of a municipality that |
|
|
|
09500HB2035sam008 |
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|
|
1 |
| borders on the Mississippi
River and (2), on August 7, 2003, |
2 |
| had a riverboat conducting riverboat gambling operations |
3 |
| pursuant to
a license issued under this Act; one of which shall |
4 |
| authorize riverboat
gambling from a home dock in the city of |
5 |
| East St. Louis. One other license
shall
authorize riverboat |
6 |
| gambling on
the Illinois River south of Marshall County. The |
7 |
| Board shall issue one
additional license to become effective |
8 |
| not earlier than March 1, 1992, which
shall authorize riverboat |
9 |
| gambling on the Des Plaines River in Will County.
The Board may |
10 |
| issue 4 additional licenses to become effective not
earlier |
11 |
| than
March 1, 1992. In determining the water upon which |
12 |
| riverboats will operate,
the Board shall consider the economic |
13 |
| benefit which riverboat gambling confers
on the State, and |
14 |
| shall seek to assure that all regions of the State share
in the |
15 |
| economic benefits of riverboat gambling.
|
16 |
| (e-5) In addition to the licenses authorized under |
17 |
| subsections (e) and (e-6), the Board may issue 2 additional |
18 |
| licenses authorizing the holders of such licenses to own |
19 |
| riverboats. In the application for an owners license, the
|
20 |
| applicant shall state the dock at which the riverboat is based |
21 |
| and the water
on which the riverboat will be located. The Board |
22 |
| shall award the licenses to applicants whose plans (i) generate |
23 |
| the highest amount of revenue to the State and (ii) provide for |
24 |
| the least amount of cannibalization of existing licensees' |
25 |
| revenues generated pursuant to this Act. No applicant may |
26 |
| submit an application that contains a minimum bid of less than |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| $365,000,000, except that the Board may declare a lower minimum |
2 |
| bid for a specific license if it finds a lower minimum bid |
3 |
| necessary or appropriate. Each applicant must also submit |
4 |
| evidence to the Board that minority persons and females hold |
5 |
| ownership interests in the applicant of at least 16% and 4% |
6 |
| respectively. For the purposes of this subsection (e-5), |
7 |
| "cannibalization" means the diversion of revenues generated |
8 |
| pursuant to this Act from existing licensees by an owners |
9 |
| licensee authorized under this subsection (e-5). In |
10 |
| determining whether cannibalization exists, the Board shall |
11 |
| also consider the extent the applicant can attract from market |
12 |
| areas of neighboring states.
|
13 |
| (e-6) In addition to the licenses authorized under |
14 |
| subsections (e) and (e-5), the Board may issue an owners |
15 |
| license to the Authority authorizing the conduct of
gambling |
16 |
| operations in a casino located in a municipality with
a |
17 |
| population of more than 500,000 inhabitants upon written |
18 |
| request of the Authority and upon payment by the Authority to |
19 |
| the Board of one of the following amounts: (i) $760,000,000 on |
20 |
| or before June 1, 2008 or (ii) $800,000,000 after June 1, 2008 |
21 |
| and no later than December 31, 2008. The total number of gaming |
22 |
| positions operated by an
owners licensee under this subsection |
23 |
| (e-6) shall not exceed 4,000 at one time. Until completion of a |
24 |
| permanent casino, the Authority's license shall authorize it to |
25 |
| conduct gambling operations in one or more land-based or |
26 |
| riverboat temporary casinos within the municipality, provided |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| that the total number of gaming positions is limited to 4,000. |
2 |
| The license issued to the Authority shall be perpetual and may |
3 |
| not be revoked, suspended, or limited by the Board. Casino |
4 |
| gambling operations shall be conducted by a casino operator on |
5 |
| behalf of the Authority. The Authority shall conduct a |
6 |
| competitive bidding process for the selection of casino |
7 |
| operators to develop and operate the casino and one or more |
8 |
| temporary casinos and riverboats. Any such casino operators |
9 |
| shall be subject to licensing by, and full jurisdiction of, the |
10 |
| Board.
|
11 |
| (e-10) In granting all licenses, the Board may give |
12 |
| favorable consideration to
economically depressed areas of the |
13 |
| State, to applicants presenting plans
which provide for |
14 |
| significant economic development over a large geographic
area, |
15 |
| and to applicants who currently operate non-gambling |
16 |
| riverboats in
Illinois.
The Board shall review all applications |
17 |
| for owners licenses,
and shall inform each applicant of the |
18 |
| Board's decision.
The Board may grant an owners license to an
|
19 |
| applicant that has not submitted the highest license bid, but |
20 |
| if it does not
select the highest bidder, the Board shall issue |
21 |
| a written decision explaining
why another
applicant was |
22 |
| selected and identifying the factors set forth in this Section
|
23 |
| that favored the winning bidder.
|
24 |
| (e-15) In addition to any other revocation powers granted |
25 |
| to the Board under this
Act,
the Board may revoke the owners |
26 |
| license of a licensee which fails
to begin conducting gambling |
|
|
|
09500HB2035sam008 |
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|
|
1 |
| within 15 months
of receipt of the
Board's approval of the |
2 |
| application if the Board determines that license
revocation is |
3 |
| in the best interests of the State.
|
4 |
| (f) Owners
The first 10 owners licenses issued under this |
5 |
| Act shall permit the
holder to own up to 2 riverboats and |
6 |
| equipment thereon
for a period of 3 years after the effective |
7 |
| date of the license. Holders of
the first 10 owners licenses |
8 |
| must pay the annual license fee for each of
the 3
years during |
9 |
| which they are authorized to own riverboats.
|
10 |
| (g) Upon the termination, expiration, or revocation of each |
11 |
| owners license
of the first
10 licenses , which shall be issued |
12 |
| for a 3 year period, all licenses are
renewable annually upon |
13 |
| payment of the fee and a determination by the Board
that the |
14 |
| licensee continues to meet all of the requirements of this Act |
15 |
| and the
Board's rules.
However, for licenses renewed on or |
16 |
| after May 1, 1998, renewal shall be
for a period of 4 years, |
17 |
| unless the Board sets a shorter period. The Authority's license |
18 |
| shall be perpetual and shall not be subject to renewal.
|
19 |
| (h) An owners license shall entitle the licensee to own up |
20 |
| to 2
riverboats. A licensee shall limit the number of gaming |
21 |
| positions
gambling participants to
1,200 for any such owners |
22 |
| license , plus any gaming positions acquired as a result of |
23 |
| subsection (h-5) .
A licensee may operate both of its riverboats |
24 |
| concurrently, provided that the
total number of gaming |
25 |
| positions
gambling participants on both riverboats does not |
26 |
| exceed those gaming positions authorized under this subsection |
|
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| (h) and subsection (h-5)
1,200 . Riverboats licensed to operate |
2 |
| on the
Mississippi River and the Illinois River south of |
3 |
| Marshall County shall
have an authorized capacity of at least |
4 |
| 500 persons. Any other riverboat
licensed under this Act shall |
5 |
| have an authorized capacity of at least 400
persons.
|
6 |
| (h-5) As soon as practical after the effective date of this |
7 |
| amendatory Act of the 95th General Assembly, the Board shall |
8 |
| offer for lease a total of 6,000 gaming positions, in blocks of |
9 |
| 100 each, to owners licensees authorized under subsections (e) |
10 |
| and (e-5). When offering these positions, the Board shall |
11 |
| negotiate the price per block so as to generate the highest |
12 |
| amount of revenue to the State. The negotiation process shall |
13 |
| be determined by the Board by rule, and that process shall be |
14 |
| used, notwithstanding any provision of law to the contrary. For |
15 |
| this purpose, it is in the public interest and welfare that the |
16 |
| Board has emergency rulemaking authority under the Illinois |
17 |
| Administrative Procedure Act. A gaming position leased |
18 |
| pursuant to this subsection (h-5) shall be contingent on the |
19 |
| continued licensure of the owners licensee. Any lease agreement |
20 |
| entered into with a lease term longer than 4 years shall |
21 |
| require the owners licensee to pay the total lease amount for |
22 |
| the first 2 years at the time the lease is executed. Neither an |
23 |
| owners licensee nor the Board shall avoid or contravene the |
24 |
| restrictions of this subsection (h-5) by any means. Prior to |
25 |
| the expiration of each lease, so as to ensure the continuous |
26 |
| use of those positions subject to the lease, the Board must |
|
|
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| re-offer for lease those gaming positions pursuant to the |
2 |
| process as provided in this subsection (h-5). For the purposes |
3 |
| of this subsection (h-5), the limitations on lease terms |
4 |
| pursuant to Section 40-25 of the Illinois Procurement Code do |
5 |
| not apply.
|
6 |
| (h-6) An owners licensee that
obtains in excess of 1,200 |
7 |
| positions, other than the owners licensee that received a |
8 |
| license under subsection (e-6), may conduct riverboat gambling |
9 |
| operations from a land-based facility
within or attached to its |
10 |
| home dock facility or from a temporary facility, as the term |
11 |
| "temporary facility" is defined by Board rule, that is attached |
12 |
| to the licensee's home dock, with Board approval. Gaming |
13 |
| positions located in a land-based facility must be located in |
14 |
| an area
that is accessible only to persons who are at least 21 |
15 |
| years of age. A
licensee may not conduct gambling at a |
16 |
| land-based facility unless the admission
tax imposed under |
17 |
| Section 12 has been paid for all persons who enter the
|
18 |
| land-based facility.
The Board shall adopt rules concerning the |
19 |
| conduct of gambling
from land-based facilities, including |
20 |
| rules concerning the number of gaming positions that may be |
21 |
| located at a temporary facility. |
22 |
| A licensee shall limit the number of gambling participants |
23 |
| to
1,200 for any such owners license.
A licensee may operate |
24 |
| both of its riverboats concurrently, provided that the
total |
25 |
| number of gambling participants on both riverboats does not |
26 |
| exceed
1,200. Riverboats licensed to operate on the
Mississippi |
|
|
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|
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| River and the Illinois River south of Marshall County shall
|
2 |
| have an authorized capacity of at least 500 persons. Any other |
3 |
| riverboat
licensed under this Act shall have an authorized |
4 |
| capacity of at least 400
persons. |
5 |
| (i) A licensed owner is authorized to apply to the Board |
6 |
| for and, if
approved therefor, to receive all licenses from the |
7 |
| Board necessary for the
operation of a riverboat, including a |
8 |
| liquor license, a license
to prepare and serve food for human |
9 |
| consumption, and other necessary
licenses. All use, occupation |
10 |
| and excise taxes which apply to the sale of
food and beverages |
11 |
| in this State and all taxes imposed on the sale or use
of |
12 |
| tangible personal property apply to such sales aboard the |
13 |
| riverboat or in the casino .
|
14 |
| (j) The Board may issue or re-issue a license authorizing a |
15 |
| riverboat to
dock
in a municipality or approve a relocation |
16 |
| under Section 11.2 only if, prior
to the issuance or |
17 |
| re-issuance of
the license or approval, the governing body of |
18 |
| the municipality in which
the riverboat will dock has by a |
19 |
| majority vote approved the docking of
riverboats in the |
20 |
| municipality. The Board may issue or re-issue a license
|
21 |
| authorizing a
riverboat to dock in areas of a county outside |
22 |
| any municipality or approve a
relocation under Section 11.2 |
23 |
| only if, prior to the issuance or re-issuance
of the license
or |
24 |
| approval, the
governing body of the county has by a majority |
25 |
| vote approved of the docking of
riverboats within such areas.
|
26 |
| (k) Notwithstanding any rule or statute to the contrary, |
|
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| any licensed owner holding 3 or more owners licenses on May 31, |
2 |
| 2007 may continue to hold those licenses, but may not hold any |
3 |
| more than the number of licenses held on that date.
|
4 |
| (Source: P.A. 93-28, eff. 6-20-03; 93-453, eff. 8-7-03; 94-667, |
5 |
| eff. 8-23-05; 94-804, eff. 5-26-06.)
|
6 |
| (230 ILCS 10/7.1)
|
7 |
| Sec. 7.1. Re-issuance of revoked or non-renewed owners |
8 |
| licenses.
|
9 |
| (a) If an owners license terminates or expires without |
10 |
| renewal or the Board
revokes or determines not to renew an |
11 |
| owners license (including, without
limitation, an owners |
12 |
| license for a licensee that was not conducting riverboat
|
13 |
| gambling operations on January 1, 1998)
and that revocation or |
14 |
| determination is final, the Board may re-issue such
license to
|
15 |
| a qualified applicant pursuant to an open and competitive |
16 |
| bidding process, as
set forth in Section 7.5, and subject to |
17 |
| the maximum number of authorized
licenses set forth in |
18 |
| subsections (e), (e-5), and (e-6) of Section 7
Section
7(e) .
|
19 |
| (b) To be a qualified applicant, a person, firm, or |
20 |
| corporation cannot be
ineligible to receive an owners license |
21 |
| under Section 7(a) and must submit an
application for an owners |
22 |
| license that complies with Section 6. Each such
applicant must |
23 |
| also submit evidence to the Board that minority persons and
|
24 |
| females hold ownership interests in the applicant of at least |
25 |
| 16% and 4%
respectively.
|
|
|
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|
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| (c) Notwithstanding anything to the contrary in |
2 |
| subsections (e), (e-5), or (e-6) of Section 7,
Section 7(e), an |
3 |
| applicant
may apply to the Board for approval of relocation of |
4 |
| a re-issued license to a
new home dock location authorized |
5 |
| under Section 3(c) upon receipt of the
approval from the |
6 |
| municipality or county, as the case may be, pursuant to
Section |
7 |
| 7(j).
|
8 |
| (d) In determining whether to grant a re-issued owners |
9 |
| license to an
applicant, the
Board shall consider all of the |
10 |
| factors set forth in Section
Sections 7(b) and in Section 7(e) |
11 |
| or 7(e-5), whichever is applicable,
(e) as
well as the amount |
12 |
| of the applicant's license bid. The Board may
grant the |
13 |
| re-issued owners license to an applicant that has not submitted |
14 |
| the
highest license bid, but if it does not select the highest |
15 |
| bidder,
the Board shall issue a written decision explaining why |
16 |
| another applicant was
selected and identifying the factors set |
17 |
| forth in Section
Sections 7(b) and in Section 7(e) or 7(e-5), |
18 |
| whichever is applicable,
(e) that
favored the winning bidder.
|
19 |
| (e) Re-issued owners licenses shall be subject to annual |
20 |
| license fees as
provided for in Section 7(a) and shall be |
21 |
| governed by the provisions of
Sections 7(f), (g), (h), and (i).
|
22 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
23 |
| (230 ILCS 10/7.3)
|
24 |
| Sec. 7.3. State conduct of gambling operations.
|
25 |
| (a) If, after reviewing each application for a re-issued |
|
|
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|
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| license, the
Board determines that the highest prospective |
2 |
| total revenue to the State would
be derived from State conduct |
3 |
| of the gambling operation in lieu of re-issuing
the license, |
4 |
| the Board shall inform each applicant of its decision. The |
5 |
| Board
shall thereafter have the authority, without obtaining an |
6 |
| owners license, to
conduct riverboat gambling operations as
|
7 |
| previously authorized by the terminated, expired, revoked, or |
8 |
| nonrenewed
license through a licensed manager selected |
9 |
| pursuant to an open and competitive
bidding
process as set |
10 |
| forth in Section 7.5 and as provided in Section 7.4.
|
11 |
| (b) The Board may locate any riverboat on which a gambling |
12 |
| operation is
conducted by the State in any home dock location |
13 |
| authorized by Section 3(c)
upon receipt of approval from a |
14 |
| majority vote of the governing body of the
municipality or |
15 |
| county, as the case may be, in which the riverboat will dock.
|
16 |
| (c) The Board shall have jurisdiction over and shall |
17 |
| supervise all
gambling operations conducted by the State |
18 |
| provided for in this Act and shall
have all powers necessary |
19 |
| and proper to fully and effectively execute the
provisions of |
20 |
| this Act relating to gambling operations conducted by the |
21 |
| State.
|
22 |
| (d) The maximum number of owners licenses authorized under |
23 |
| Section 7
7(e)
shall be reduced by one for each instance in |
24 |
| which the Board authorizes the
State to conduct a riverboat |
25 |
| gambling operation under subsection (a) in lieu of
re-issuing a |
26 |
| license to an applicant under Section 7.1.
|
|
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|
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| (Source: P.A. 93-28, eff. 6-20-03.)
|
2 |
| (230 ILCS 10/7.4)
|
3 |
| Sec. 7.4. Managers and casino operators licenses.
|
4 |
| (a) A qualified person may apply to the Board for a |
5 |
| managers license to
operate
and manage any gambling operation |
6 |
| conducted by the State or the Authority . The application shall
|
7 |
| be
made on forms provided by the Board and shall contain such |
8 |
| information as the
Board
prescribes, including but not limited |
9 |
| to information required in Sections 6(a),
(b), and
(c) and |
10 |
| information relating to the applicant's proposed price to |
11 |
| manage State or Authority
gambling
operations and to provide |
12 |
| the riverboat or casino , gambling equipment, and supplies
|
13 |
| necessary to
conduct State or Authority gambling operations.
|
14 |
| (b) Each applicant must submit evidence to the Board that |
15 |
| minority persons
and
females hold ownership interests in the |
16 |
| applicant of at least 16% and 4%,
respectively.
|
17 |
| (c) A person, firm, or corporation is ineligible to receive |
18 |
| a managers
license or a casino operators license if:
|
19 |
| (1) the person has been convicted of a felony under the |
20 |
| laws of this
State, any other state, or the United States;
|
21 |
| (2) the person has been convicted of any violation of |
22 |
| Article 28 of
the Criminal Code of 1961, or substantially |
23 |
| similar laws of any other
jurisdiction;
|
24 |
| (3) the person has submitted an application for a |
25 |
| license under this
Act which contains false information;
|
|
|
|
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|
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| (4) the person is a member of the Board;
|
2 |
| (5) a person defined in (1), (2), (3), or (4) is an |
3 |
| officer, director, or
managerial employee of the firm or |
4 |
| corporation;
|
5 |
| (6) the firm or corporation employs a person defined in |
6 |
| (1), (2), (3),
or (4) who participates in the management or |
7 |
| operation of gambling
operations authorized under this |
8 |
| Act; or
|
9 |
| (7) a license of the person, firm, or corporation |
10 |
| issued under this Act,
or
a license to own or operate |
11 |
| gambling facilities in any other jurisdiction, has
been |
12 |
| revoked.
|
13 |
| (d) Each applicant shall submit with his or her |
14 |
| application, on forms
prescribed by
the Board, 2 sets of his or |
15 |
| her fingerprints.
|
16 |
| (e) The Board shall charge each applicant a fee, set by the |
17 |
| Board, to defray
the costs associated with the background |
18 |
| investigation conducted by the
Board.
|
19 |
| (f) A person who knowingly makes a false statement on an |
20 |
| application is
guilty of a Class A misdemeanor.
|
21 |
| (g) The managers license to manage any gambling operation |
22 |
| conducted by the State shall be for a term not to exceed 10 |
23 |
| years, shall
be
renewable at the Board's option, and shall |
24 |
| contain such terms and
provisions as the Board deems necessary |
25 |
| to protect or enhance the
credibility and integrity of State |
26 |
| gambling operations, achieve the highest
prospective total |
|
|
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09500HB2035sam008 |
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|
1 |
| revenue to the State, and otherwise serve the interests of
the |
2 |
| citizens of Illinois. The initial term of a casino operators |
3 |
| license to manage the Authority's gambling operations shall be |
4 |
| 4 years. Upon expiration of the initial term and of each |
5 |
| renewal term, the casino operators license shall be renewed for |
6 |
| a period of 4 years, provided that the casino operator |
7 |
| continues to meet all of the requirements of this Act and the |
8 |
| Board's rules.
|
9 |
| (h) Issuance of a managers license shall be subject to an |
10 |
| open and
competitive bidding
process. The Board may select an |
11 |
| applicant other than the lowest bidder by
price. If it does not |
12 |
| select the lowest bidder, the Board shall issue a notice
of who
|
13 |
| the lowest bidder was and a written decision as to why another |
14 |
| bidder was
selected.
|
15 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
16 |
| (230 ILCS 10/7.15 new)
|
17 |
| Sec. 7.15. Undue economic concentration. |
18 |
| (a) In addition to considering all other requirements under |
19 |
| this Act, in deciding whether to approve direct or indirect |
20 |
| ownership or control of an owner's license, the Board shall |
21 |
| consider the impact of any economic concentration of the |
22 |
| ownership or control. No direct or indirect ownership or |
23 |
| control shall be approved and no owner's license shall be |
24 |
| issued or transferred to or held by any person or entity if the |
25 |
| Board determines that approval, issuance, transfer, or holding |
|
|
|
09500HB2035sam008 |
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|
1 |
| shall result in undue economic concentration in the direct or |
2 |
| indirect ownership or control of riverboat gambling operations |
3 |
| in Illinois. |
4 |
| (b) For the purposes of this Section, "undue economic |
5 |
| concentration" means that a person or entity would have actual |
6 |
| or potential domination of riverboat gambling in Illinois |
7 |
| sufficient to: |
8 |
| (1) substantially impede or suppress competition among |
9 |
| holders of owner's licenses; |
10 |
| (2) adversely impact the economic stability of the |
11 |
| riverboat casino industry in Illinois; or |
12 |
| (3) negatively impact the purposes of this Act, |
13 |
| including tourism, economic development, benefits to local |
14 |
| communities, and State and local revenues. The Board may |
15 |
| not amend or add to the "undue economic concentration", |
16 |
| except by a unanimous vote of the Board. |
17 |
| (c) In determining whether the issuance, transfer, or |
18 |
| holding, directly or indirectly, of an owner's license shall |
19 |
| result in undue economic concentration, the Board shall |
20 |
| consider the following criteria: |
21 |
| (1) The percentage share of the market presently owned |
22 |
| or controlled by a person or entity, directly or |
23 |
| indirectly, in each of the following categories: |
24 |
| (A) The total number of licensed riverboat casinos |
25 |
| in Illinois. |
26 |
| (B) Total riverboat casino square footage. |
|
|
|
09500HB2035sam008 |
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|
1 |
| (C) Number of persons employed in the riverboat |
2 |
| gambling operation and any affiliated hotel operation. |
3 |
| (D) Number of guest rooms in an affiliated hotel. |
4 |
| (E) Number of electronic gaming devices. |
5 |
| (F) Number of table games. |
6 |
| (G) Net revenue and adjusted gross receipts. |
7 |
| (H) Table win. |
8 |
| (I) Electronic gaming device win. |
9 |
| (J) Table drop. |
10 |
| (K) Electronic gaming device drop. |
11 |
| (2) The estimated increase in the market shares in the |
12 |
| categories in item (1) of this subsection (c) if the person |
13 |
| or entity is approved, or is issued or permitted to hold |
14 |
| the owner's license. |
15 |
| (3) The relative position of other persons or entities |
16 |
| that own or control Owner's licenses in Illinois, as |
17 |
| evidenced by the market shares of each license in the |
18 |
| categories in item (1) of this subsection (c). |
19 |
| (4) The current and projected financial condition of |
20 |
| the riverboat gaming industry. |
21 |
| (5) Current market conditions, including proximity and |
22 |
| level of competition, consumer demand, market |
23 |
| concentration, and any other relevant characteristics of |
24 |
| the market. |
25 |
| (6) Whether the licenses to be issued, transferred or |
26 |
| held, directly or indirectly, by the person or entity have |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| separate organizational structures or other independent |
2 |
| obligations. |
3 |
| (7) The potential impact on the projected future growth |
4 |
| and development of the riverboat gambling industry, the |
5 |
| local communities in which licenses are located, and the |
6 |
| State of Illinois. |
7 |
| (8) The barriers to entry into the riverboat gambling |
8 |
| industry, including the licensure requirements of this Act |
9 |
| and its rules, and whether the issuance or transfer to, or |
10 |
| holding, directly or indirectly, of, an owner's license by |
11 |
| the person or entity will operate as a barrier to new |
12 |
| companies and individuals desiring to enter the market. |
13 |
| (9) Whether the issuance or transfer to or holding, |
14 |
| directly or indirectly, of the license by the person or |
15 |
| entity will adversely impact on consumer interests, or |
16 |
| whether such issuance, transfer or holding is likely to |
17 |
| result in enhancing the quality and customer appeal of |
18 |
| products and services offered by riverboat casinos in order |
19 |
| to maintain or increase their respective market shares. |
20 |
| (10) Whether a restriction on the issuance or transfer |
21 |
| of a license to, or holding, directly or indirectly, of, an |
22 |
| additional license by the person is necessary in order to |
23 |
| encourage and preserve competition in casino operations. |
24 |
| (11) Any other information deemed relevant by the |
25 |
| Board.
|
|
|
|
09500HB2035sam008 |
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|
|
1 |
| (230 ILCS 10/8)
(from Ch. 120, par. 2408)
|
2 |
| Sec. 8. Suppliers licenses.
|
3 |
| (a) The Board may issue a suppliers license to such |
4 |
| persons, firms or
corporations which apply therefor upon the |
5 |
| payment of a non-refundable
application fee set by the Board, |
6 |
| upon a determination by the Board that
the applicant is |
7 |
| eligible for a suppliers license and upon payment of a
$5,000 |
8 |
| annual license
fee.
|
9 |
| (b) The holder of a suppliers license is authorized to sell |
10 |
| or lease,
and to contract to sell or lease, gambling equipment |
11 |
| and supplies to any
licensee involved in the ownership or |
12 |
| management of gambling operations.
|
13 |
| (c) Gambling supplies and equipment may not be distributed
|
14 |
| unless supplies and equipment conform to standards adopted by
|
15 |
| rules of the Board.
|
16 |
| (d) A person, firm or corporation is ineligible to receive |
17 |
| a suppliers
license if:
|
18 |
| (1) the person has been convicted of a felony under the |
19 |
| laws of this
State, any other state, or the United States;
|
20 |
| (2) the person has been convicted of any violation of |
21 |
| Article 28 of the
Criminal Code of 1961, or substantially |
22 |
| similar laws of any other jurisdiction;
|
23 |
| (3) the person has submitted an application for a |
24 |
| license under this
Act which contains false information;
|
25 |
| (4) the person is a member of the Board;
|
26 |
| (5) the firm or corporation is one in which a person |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| defined in (1),
(2), (3) or (4), is an officer, director or |
2 |
| managerial employee;
|
3 |
| (6) the firm or corporation employs a person who |
4 |
| participates in the
management or operation of riverboat |
5 |
| gambling authorized under this Act;
|
6 |
| (7) the license of the person, firm or corporation |
7 |
| issued under
this Act, or a license to own or operate |
8 |
| gambling facilities
in any other jurisdiction, has been |
9 |
| revoked.
|
10 |
| (e) Any person that supplies any equipment, devices, or |
11 |
| supplies to a
licensed riverboat or casino gambling operation |
12 |
| must
first obtain a suppliers
license. A supplier shall furnish |
13 |
| to the Board a list of all equipment,
devices and supplies |
14 |
| offered for sale or lease in connection with gambling
games |
15 |
| authorized under this Act. A supplier shall keep books and |
16 |
| records
for the furnishing of equipment, devices and supplies |
17 |
| to gambling
operations separate and distinct from any other |
18 |
| business that the supplier
might operate. A supplier shall file |
19 |
| a quarterly return with the Board
listing all sales and leases. |
20 |
| A supplier shall permanently affix its name
to all its |
21 |
| equipment, devices, and supplies for gambling operations.
Any |
22 |
| supplier's equipment, devices or supplies which are used by any |
23 |
| person
in an unauthorized gambling operation shall be forfeited |
24 |
| to the State. A
holder of an owners license, including the |
25 |
| Authority,
licensed
owner may own its own equipment, devices |
26 |
| and supplies. Each
holder of an owners license , including the |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Authority, under the
Act shall file an annual report
listing |
2 |
| its inventories of gambling equipment, devices and supplies.
|
3 |
| (f) Any person who knowingly makes a false statement on an |
4 |
| application
is guilty of a Class A misdemeanor.
|
5 |
| (g) Any gambling equipment, devices and supplies provided |
6 |
| by any
licensed supplier may either be repaired on the |
7 |
| riverboat or at the casino or removed from
the riverboat or the |
8 |
| casino to a
an on-shore
facility owned by the holder of an |
9 |
| owners
license for repair.
|
10 |
| (Source: P.A. 86-1029; 87-826.)
|
11 |
| (230 ILCS 10/9)
(from Ch. 120, par. 2409)
|
12 |
| Sec. 9. Occupational licenses.
|
13 |
| (a) The Board may issue an occupational license to an |
14 |
| applicant upon the
payment of a non-refundable fee set by the |
15 |
| Board, upon a determination by
the Board that the applicant is |
16 |
| eligible for an occupational license and
upon payment of an |
17 |
| annual license fee in an amount to be established. To
be |
18 |
| eligible for an occupational license, an applicant must:
|
19 |
| (1) be at least 21 years of age if the applicant will |
20 |
| perform any
function involved in gaming by patrons. Any |
21 |
| applicant seeking an
occupational license for a non-gaming |
22 |
| function shall be at least 18 years
of age;
|
23 |
| (2) not have been convicted of a felony offense, a |
24 |
| violation of Article
28 of the Criminal Code of 1961, or a |
25 |
| similar statute of any other
jurisdiction, or a crime |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| involving dishonesty or moral turpitude;
|
2 |
| (3) have demonstrated a level of skill or knowledge |
3 |
| which the Board
determines to be necessary in order to |
4 |
| operate gambling aboard a riverboat or in a casino ; and
|
5 |
| (4) have met standards for the holding of an |
6 |
| occupational license as
adopted by rules of the Board. Such |
7 |
| rules shall provide that any person or
entity seeking an |
8 |
| occupational license to manage gambling operations
|
9 |
| hereunder shall be subject to background inquiries and |
10 |
| further requirements
similar to those required of |
11 |
| applicants for an owners license.
Furthermore, such rules |
12 |
| shall provide that each such entity shall be
permitted to |
13 |
| manage gambling operations for only one licensed owner.
|
14 |
| (b) Each application for an occupational license shall be |
15 |
| on forms
prescribed by the Board and shall contain all |
16 |
| information required by the
Board. The applicant shall set |
17 |
| forth in the application: whether he has been
issued prior |
18 |
| gambling related licenses; whether he has been licensed in any
|
19 |
| other state under any other name, and, if so, such name and his |
20 |
| age; and
whether or not a permit or license issued to him in |
21 |
| any other state has
been suspended, restricted or revoked, and, |
22 |
| if so, for what period of time.
|
23 |
| (c) Each applicant shall submit with his application, on |
24 |
| forms provided
by the Board, 2 sets of his fingerprints. The |
25 |
| Board shall charge each
applicant a fee set by the Department |
26 |
| of State Police to defray the costs
associated with the search |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| and classification of fingerprints obtained by
the Board with |
2 |
| respect to the applicant's application. These fees shall be
|
3 |
| paid into the State Police Services Fund.
|
4 |
| (d) The Board may in its discretion refuse an occupational |
5 |
| license to
any person: (1) who is unqualified to perform the |
6 |
| duties required of such
applicant; (2) who fails to disclose or |
7 |
| states falsely any information
called for in the application; |
8 |
| (3) who has been found guilty of a
violation of this Act or |
9 |
| whose prior gambling related license or
application therefor |
10 |
| has been suspended, restricted, revoked or denied for
just |
11 |
| cause in any other state; or (4) for any other just cause.
|
12 |
| (e) The Board may suspend, revoke or restrict any |
13 |
| occupational licensee:
(1) for violation of any provision of |
14 |
| this Act; (2) for violation of any
of the rules and regulations |
15 |
| of the Board; (3) for any cause which, if
known to the Board, |
16 |
| would have disqualified the applicant from receiving
such |
17 |
| license; or (4) for default in the payment of any obligation or |
18 |
| debt
due to the State of Illinois; or (5) for any other just |
19 |
| cause.
|
20 |
| (f) A person who knowingly makes a false statement on an |
21 |
| application is
guilty of a Class A misdemeanor.
|
22 |
| (g) Any license issued pursuant to this Section shall be |
23 |
| valid for a
period of one year from the date of issuance.
|
24 |
| (h) Nothing in this Act shall be interpreted to prohibit a |
25 |
| licensed
owner or organization licensee from entering into an |
26 |
| agreement
with a
school approved under the
Private Business and |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Vocational Schools Act for the training of any
occupational |
2 |
| licensee. Any training offered by such a school shall be in
|
3 |
| accordance with a written agreement between the licensed owner |
4 |
| or organization licensee and the school.
|
5 |
| (i) Any training provided for occupational licensees may be |
6 |
| conducted
either at the site of the gambling facility
on the |
7 |
| riverboat or at a
school with which a licensed owner or |
8 |
| organization licensee has
entered into an agreement pursuant to |
9 |
| subsection (h).
|
10 |
| (Source: P.A. 86-1029; 87-826.)
|
11 |
| (230 ILCS 10/10) (from Ch. 120, par. 2410)
|
12 |
| Sec. 10. Bond of licensee. Before an owners license , other |
13 |
| than the Authority's license, is issued or
re-issued or a |
14 |
| managers license or casino operators license is issued, the
|
15 |
| licensee shall post a bond in the sum of $200,000 to the State |
16 |
| of Illinois.
The bond shall be used to guarantee that the |
17 |
| licensee
faithfully makes the payments, keeps his books and |
18 |
| records and makes
reports, and conducts his games of chance in |
19 |
| conformity with this Act and
the rules adopted by the Board. |
20 |
| The bond shall not be canceled by a
surety on less than 30 days |
21 |
| notice in writing to the Board.
If a bond is canceled and the |
22 |
| licensee fails to file a new bond with the
Board in the |
23 |
| required amount on or before the effective date of
|
24 |
| cancellation, the licensee's license shall be revoked. The |
25 |
| total and
aggregate liability of the surety on the bond is |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| limited to the amount
specified in the bond.
|
2 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
3 |
| (230 ILCS 10/11) (from Ch. 120, par. 2411)
|
4 |
| Sec. 11. Conduct of gambling. Gambling may be conducted by |
5 |
| licensed owners or licensed managers on behalf
of the State or |
6 |
| by casino operators on behalf of the Authority aboard |
7 |
| riverboats or in a casino. If authorized by the Board by rule, |
8 |
| an owners licensee may
move
gaming positions to a "temporary |
9 |
| facility" as that term is defined in Section 7(h-6) or to a |
10 |
| land-based facility as provided in Section 7(h-6)
and use those |
11 |
| gaming positions to conduct gambling as provided in Section |
12 |
| 7(h-6). Gambling authorized under this Section shall
be ,
|
13 |
| subject to the following standards:
|
14 |
| (1) A licensee may conduct riverboat gambling |
15 |
| authorized under this Act
regardless of whether it conducts |
16 |
| excursion cruises. A licensee may permit
the continuous |
17 |
| ingress and egress of patrons
passengers for the purpose of |
18 |
| gambling.
|
19 |
| (2) (Blank).
|
20 |
| (3) Minimum and maximum wagers on games shall be set by |
21 |
| the licensee.
|
22 |
| (4) Agents of the Board and the Department of State |
23 |
| Police may board
and inspect any riverboat or enter and |
24 |
| inspect any portion of a casino at any time for the purpose |
25 |
| of determining
whether this Act is being complied with. |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Every riverboat, if under way and
being hailed by a law |
2 |
| enforcement officer or agent of the Board, must stop
|
3 |
| immediately and lay to.
|
4 |
| (5) Employees of the Board shall have the right to be |
5 |
| present on the
riverboat or in the casino or on adjacent |
6 |
| facilities under the control of the licensee.
|
7 |
| (6) Gambling equipment and supplies customarily used |
8 |
| in conducting
riverboat gambling games must be purchased or |
9 |
| leased only from suppliers licensed
for such purpose under |
10 |
| this Act.
|
11 |
| (7) Persons licensed under this Act shall permit no |
12 |
| form of wagering on
gambling games except as permitted by |
13 |
| this Act.
|
14 |
| (8) Wagers may be received only from a person present |
15 |
| on a licensed
riverboat or in a casino . No person present |
16 |
| on a licensed riverboat or in a casino shall place
or |
17 |
| attempt to place a wager on behalf of another person who is |
18 |
| not present
on the riverboat or in the casino .
|
19 |
| (9) Wagering shall not be conducted with money or other |
20 |
| negotiable
currency.
|
21 |
| (10) A person under age 21 shall not be permitted on an |
22 |
| area of a
riverboat or casino where gambling is being |
23 |
| conducted, except for a person at least
18 years of age who |
24 |
| is an employee of the riverboat or casino gambling |
25 |
| operation. No
employee under age 21 shall perform any |
26 |
| function involved in gambling by
the patrons. No person |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| under age 21 shall be permitted to make a wager under
this |
2 |
| Act.
|
3 |
| (11) Gambling excursion cruises are permitted only |
4 |
| when the waterway for
which the riverboat is licensed is |
5 |
| navigable, as determined by
the Board in consultation with |
6 |
| the U.S. Army Corps of Engineers.
This paragraph (11) does |
7 |
| not limit the ability of a licensee to conduct
gambling |
8 |
| authorized under this Act when gambling excursion cruises |
9 |
| are not
permitted.
|
10 |
| (12) All tokens, chips or electronic cards used to make |
11 |
| wagers must be
purchased from a licensed owner or manager , |
12 |
| in the case of a riverboat or of a casino either aboard the
|
13 |
| a riverboat or at the casino or , in the case of a |
14 |
| riverboat, at
an onshore
facility which has been approved |
15 |
| by the Board and which is located where
the riverboat |
16 |
| docks. The tokens, chips or electronic cards may be
|
17 |
| purchased by means of an agreement under which the owner or |
18 |
| manager extends
credit to
the patron. Such tokens, chips or |
19 |
| electronic cards may be used
while aboard the riverboat or |
20 |
| in the casino only for the purpose of making wagers on
|
21 |
| gambling games.
|
22 |
| (13) Notwithstanding any other Section of this Act, in |
23 |
| addition to the
other licenses authorized under this Act, |
24 |
| the Board may issue special event
licenses allowing persons |
25 |
| who are not otherwise licensed to conduct
riverboat |
26 |
| gambling to conduct such gambling on a specified date or |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| series
of dates. Riverboat gambling under such a license |
2 |
| may take place on a
riverboat not normally used for |
3 |
| riverboat gambling. The Board shall
establish standards, |
4 |
| fees and fines for, and limitations upon, such
licenses, |
5 |
| which may differ from the standards, fees, fines and |
6 |
| limitations
otherwise applicable under this Act. All such |
7 |
| fees shall be deposited into
the State Gaming Fund. All |
8 |
| such fines shall be deposited into the
Education Assistance |
9 |
| Fund, created by Public Act 86-0018, of the State
of |
10 |
| Illinois.
|
11 |
| (14) In addition to the above, gambling must be |
12 |
| conducted in accordance
with all rules adopted by the |
13 |
| Board.
|
14 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
15 |
| (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
|
16 |
| Sec. 11.1. Collection of amounts owing under credit |
17 |
| agreements. Notwithstanding any applicable statutory provision |
18 |
| to the contrary, a
licensed owner ,
or manager , or organization |
19 |
| licensee who extends credit to a riverboat or casino gambling |
20 |
| patron
pursuant
to Section 11 (a) (12) of this Act is expressly |
21 |
| authorized to institute a
cause of action to collect any |
22 |
| amounts due and owing under the extension of
credit, as well as |
23 |
| the owner's or manager's costs, expenses and reasonable
|
24 |
| attorney's
fees incurred in collection.
|
25 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (230 ILCS 10/12) (from Ch. 120, par. 2412)
|
2 |
| Sec. 12. Admission tax; fees.
|
3 |
| (a) A tax is hereby imposed upon admissions to riverboats |
4 |
| and casinos operated by
licensed owners and upon admissions to |
5 |
| casinos and riverboats operated by casino operators on behalf |
6 |
| of the Authority authorized pursuant to this Act. Until July 1, |
7 |
| 2002, the
rate is $2 per person admitted. From July 1, 2002 |
8 |
| until
July 1, 2003, the rate is $3 per person admitted.
From |
9 |
| July 1, 2003 until the effective date of this amendatory Act of |
10 |
| the 94th General Assembly, for a licensee that admitted |
11 |
| 1,000,000 persons or
fewer in the previous calendar year, the |
12 |
| rate is $3 per person admitted; for a
licensee that admitted |
13 |
| more than 1,000,000 but no more than 2,300,000 persons
in the |
14 |
| previous calendar year, the rate is $4 per person admitted; and |
15 |
| for
a licensee that admitted more than 2,300,000 persons in the |
16 |
| previous calendar
year, the rate is $5 per person admitted.
|
17 |
| Beginning on August 23, 2005 ( the effective date of Public Act |
18 |
| 94-673) and until the effective date of this amendatory Act of |
19 |
| the 95th General Assembly
this amendatory Act of the 94th |
20 |
| General Assembly , for a licensee that admitted 1,000,000 |
21 |
| persons or
fewer in calendar year 2004, the rate is $2 per |
22 |
| person admitted, and for all other
licensees the rate is $3 per |
23 |
| person admitted.
Beginning on the effective date of this |
24 |
| amendatory Act of the 95th General Assembly, for a licensee |
25 |
| that conducted riverboat gambling operations in calendar year |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| 2003 and (i) admitted 1,000,000 persons or
fewer in the |
2 |
| calendar year 2003, the rate is $1 per person admitted; (ii) |
3 |
| admitted more than 1,000,000 persons but fewer than 1,500,000 |
4 |
| persons, the rate is $2 per person admitted; and (iii) admitted |
5 |
| 1,500,000 persons or more, the rate is $3 per person admitted. |
6 |
| For a licensee that receives its license under subsection (e-5) |
7 |
| or (e-6) of Section 7 or that conducts riverboat gambling |
8 |
| operations pursuant to a dormant license, the rate is $3 per |
9 |
| person admitted. This admission tax is imposed upon the
|
10 |
| licensed owner conducting gambling. For the purposes of this |
11 |
| Section 12, the term "dormant license" has the meaning set |
12 |
| forth under subsection (a-3) of Section 13.
|
13 |
| (1) The admission tax shall be paid for each admission , |
14 |
| except that a
person who exits a riverboat gambling |
15 |
| facility or a casino and reenters that riverboat
gambling |
16 |
| facility or casino within the same gaming day, as the term |
17 |
| "gaming day" is defined by the Board by rule,
shall be |
18 |
| subject only to the initial admission tax. The Board shall |
19 |
| establish, by rule, a procedure to determine whether a |
20 |
| person admitted to a riverboat gambling facility or casino |
21 |
| has paid the admission tax .
|
22 |
| (2) (Blank).
|
23 |
| (3) An owners licensee and the Authority
The riverboat |
24 |
| licensee may issue tax-free passes to
actual and necessary |
25 |
| officials and employees of the licensee or other
persons |
26 |
| actually working on the riverboat or in the casino .
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (4) The number and issuance of tax-free passes is |
2 |
| subject to the rules
of the Board, and a list of all |
3 |
| persons to whom the tax-free passes are
issued shall be |
4 |
| filed with the Board.
|
5 |
| (a-5) A fee is hereby imposed upon admissions operated by |
6 |
| licensed
managers on behalf of the State pursuant to Section |
7 |
| 7.3 at the rates provided
in
this subsection (a-5). For a |
8 |
| licensee that
admitted 1,000,000 persons or fewer in the |
9 |
| previous calendar year, the rate is
$3 per person admitted; for |
10 |
| a licensee that admitted more than 1,000,000 but no
more than |
11 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 |
12 |
| per person admitted; and for
a licensee that admitted more than |
13 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 |
14 |
| per person admitted.
|
15 |
| (1) The admission fee shall be paid for each admission.
|
16 |
| (2) (Blank).
|
17 |
| (3) The licensed manager may issue fee-free passes to |
18 |
| actual and necessary
officials and employees of the manager |
19 |
| or other persons actually working on the
riverboat.
|
20 |
| (4) The number and issuance of fee-free passes is |
21 |
| subject to the rules
of the Board, and a list of all |
22 |
| persons to whom the fee-free passes are
issued shall be |
23 |
| filed with the Board.
|
24 |
| (b) From the tax imposed under subsection (a) and the fee |
25 |
| imposed under
subsection (a-5), a municipality shall receive |
26 |
| from the State $1 for each
person embarking on a riverboat |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| docked within the municipality or entering a casino located |
2 |
| within the municipality , and a county
shall receive $1 for each |
3 |
| person entering a casino or embarking on a riverboat docked |
4 |
| within the
county but outside the boundaries of any |
5 |
| municipality. The municipality's or
county's share shall be |
6 |
| collected by the Board on behalf of the State and
remitted |
7 |
| quarterly by the State, subject to appropriation, to the |
8 |
| treasurer of
the unit of local government for deposit in the |
9 |
| general fund. For each admission in excess of 1,500,000 in a |
10 |
| year, from the tax imposed under this Section, the county in |
11 |
| which the licensee's home dock is located shall receive, |
12 |
| subject to appropriation, $0.15, which shall be in addition to |
13 |
| any other moneys paid to the county under this Section.
|
14 |
| (c) The licensed owner and the licensed casino operator |
15 |
| conducting gambling operations on behalf of the Authority shall |
16 |
| pay the entire admission tax to the Board and
the licensed |
17 |
| manager shall pay the entire admission fee to the Board.
Such |
18 |
| payments shall be made daily. Accompanying each payment shall |
19 |
| be a
return on forms provided by the Board which shall include |
20 |
| other
information regarding admissions as the Board may |
21 |
| require. Failure to
submit either the payment or the return |
22 |
| within the specified time may
result in suspension or |
23 |
| revocation of the owners or managers license.
|
24 |
| (d) The Board shall administer and collect the admission |
25 |
| tax imposed by
this Section, to the extent practicable, in a |
26 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the |
2 |
| Retailers' Occupation Tax Act and
Section 3-7 of the Uniform |
3 |
| Penalty and Interest Act.
|
4 |
| (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, |
5 |
| eff. 8-23-05.)
|
6 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
7 |
| Sec. 13. Wagering tax; rate; distribution.
|
8 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted
|
9 |
| gross
gaming receipts received from gambling games authorized |
10 |
| under this Act at the rate of
20%.
|
11 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege |
12 |
| tax is
imposed on persons engaged in the business of conducting |
13 |
| riverboat gambling
operations, based on the adjusted gross |
14 |
| gaming receipts received by a licensed owner
from gambling |
15 |
| games authorized under this Act at the following rates:
|
16 |
| 15% of annual adjusted gross gaming receipts up to and |
17 |
| including $25,000,000;
|
18 |
| 20% of annual adjusted gross gaming receipts in excess |
19 |
| of $25,000,000 but not
exceeding $50,000,000;
|
20 |
| 25% of annual adjusted gross gaming receipts in excess |
21 |
| of $50,000,000 but not
exceeding $75,000,000;
|
22 |
| 30% of annual adjusted gross gaming receipts in excess |
23 |
| of $75,000,000 but not
exceeding $100,000,000;
|
24 |
| 35% of annual adjusted gross gaming receipts in excess |
25 |
| of $100,000,000.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
2 |
| is imposed on
persons engaged in the business of conducting |
3 |
| riverboat gambling operations,
other than licensed managers |
4 |
| conducting riverboat gambling operations on behalf
of the |
5 |
| State, based on the adjusted gross gaming receipts received by |
6 |
| a licensed
owner from gambling games authorized under this Act |
7 |
| at the following rates:
|
8 |
| 15% of annual adjusted gross gaming receipts up to and |
9 |
| including $25,000,000;
|
10 |
| 22.5% of annual adjusted gross gaming receipts in |
11 |
| excess of $25,000,000 but not
exceeding $50,000,000;
|
12 |
| 27.5% of annual adjusted gross gaming receipts in |
13 |
| excess of $50,000,000 but not
exceeding $75,000,000;
|
14 |
| 32.5% of annual adjusted gross gaming receipts in |
15 |
| excess of $75,000,000 but not
exceeding $100,000,000;
|
16 |
| 37.5% of annual adjusted gross gaming receipts in |
17 |
| excess of $100,000,000 but not
exceeding $150,000,000;
|
18 |
| 45% of annual adjusted gross gaming receipts in excess |
19 |
| of $150,000,000 but not
exceeding $200,000,000;
|
20 |
| 50% of annual adjusted gross gaming receipts in excess |
21 |
| of $200,000,000.
|
22 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
23 |
| persons engaged
in the business of conducting riverboat |
24 |
| gambling operations, other than
licensed managers conducting |
25 |
| riverboat gambling operations on behalf of the
State, based on |
26 |
| the adjusted gross gaming receipts received by a licensed owner |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| from
gambling games authorized under this Act at the following |
2 |
| rates:
|
3 |
| 15% of annual adjusted gross gaming receipts up to and |
4 |
| including $25,000,000;
|
5 |
| 27.5% of annual adjusted gross gaming receipts in |
6 |
| excess of $25,000,000 but not
exceeding $37,500,000;
|
7 |
| 32.5% of annual adjusted gross gaming receipts in |
8 |
| excess of $37,500,000 but not
exceeding $50,000,000;
|
9 |
| 37.5% of annual adjusted gross gaming receipts in |
10 |
| excess of $50,000,000 but not
exceeding $75,000,000;
|
11 |
| 45% of annual adjusted gross gaming receipts in excess |
12 |
| of $75,000,000 but not
exceeding $100,000,000;
|
13 |
| 50% of annual adjusted gross gaming receipts in excess |
14 |
| of $100,000,000 but not
exceeding $250,000,000;
|
15 |
| 70% of annual adjusted gross gaming receipts in excess |
16 |
| of $250,000,000.
|
17 |
| An amount equal to the amount of wagering taxes collected |
18 |
| under this
subsection (a-3) that are in addition to the amount |
19 |
| of wagering taxes that
would have been collected if the |
20 |
| wagering tax rates under subsection (a-2)
were in effect shall |
21 |
| be paid into the Common School Fund.
|
22 |
| The privilege tax imposed under this subsection (a-3) shall |
23 |
| no longer be
imposed beginning on the earlier of (i) July 1, |
24 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat |
25 |
| gambling operations are conducted
pursuant to a dormant |
26 |
| license; or (iii) the first day that riverboat gambling
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| operations are conducted under the authority of an owners |
2 |
| license that is in
addition to the 10 owners licenses initially |
3 |
| authorized under this Act.
For the purposes of this subsection |
4 |
| (a-3), the term "dormant license"
means an owners license that |
5 |
| is authorized by this Act under which no
riverboat gambling |
6 |
| operations are being conducted on June 20, 2003.
|
7 |
| (a-4) Beginning on the first day on which the tax imposed |
8 |
| under
subsection (a-3) is no longer imposed, a privilege tax is |
9 |
| imposed on persons
engaged in the business of conducting |
10 |
| riverboat or casino gambling operations, other
than licensed |
11 |
| managers conducting riverboat gambling operations on behalf of
|
12 |
| the State, based on the adjusted gross gaming receipts received |
13 |
| by a licensed owner or by the Authority
from gambling games |
14 |
| authorized under this Act at the following rates:
|
15 |
| 15% of annual adjusted gross gaming receipts up to and |
16 |
| including $25,000,000;
|
17 |
| 22.5% of annual adjusted gross gaming receipts in |
18 |
| excess of $25,000,000 but not
exceeding $50,000,000;
|
19 |
| 27.5% of annual adjusted gross gaming receipts in |
20 |
| excess of $50,000,000 but not
exceeding $75,000,000;
|
21 |
| 32.5% of annual adjusted gross gaming receipts in |
22 |
| excess of $75,000,000 but not
exceeding $100,000,000;
|
23 |
| 37.5% of annual adjusted gross gaming receipts in |
24 |
| excess of $100,000,000 but not
exceeding $150,000,000;
|
25 |
| 45% of annual adjusted gross gaming receipts in excess |
26 |
| of $150,000,000 but not
exceeding $200,000,000;
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| 50% of annual adjusted gross gaming receipts in excess |
2 |
| of $200,000,000.
|
3 |
| For the imposition of the privilege tax in this subsection |
4 |
| (a-4), amounts paid pursuant to subsection (a) of Section 7 |
5 |
| into the Horse Racing Equity Trust Fund shall not be included |
6 |
| in the determination of annual gross gaming receipts.
|
7 |
| (a-8) Riverboat gambling operations conducted by a |
8 |
| licensed manager on
behalf of the State are not subject to the |
9 |
| tax imposed under this Section.
|
10 |
| (a-10) The taxes imposed by this Section shall be paid by |
11 |
| the licensed
owner , or by the casino operator on behalf of the |
12 |
| Authority in the case of a license issued to the Authority, to |
13 |
| the Board not later than 3:00 o'clock p.m. of the day after the |
14 |
| day
when the wagers were made.
|
15 |
| (a-15) If the privilege tax imposed under subsection (a-3) |
16 |
| is no longer imposed pursuant to item (i) of the last paragraph |
17 |
| of subsection (a-3), then by June 15 of each year, each owners |
18 |
| licensee, other than an owners licensee that admitted 1,000,000 |
19 |
| persons or
fewer in calendar year 2004, must, in addition to |
20 |
| the payment of all amounts otherwise due under this Section, |
21 |
| pay to the Board a reconciliation payment in the amount, if |
22 |
| any, by which the licensed owner's base amount exceeds the |
23 |
| amount of net privilege tax paid by the licensed owner to the |
24 |
| Board in the then current State fiscal year. A licensed owner's |
25 |
| net privilege tax obligation due for the balance of the State |
26 |
| fiscal year shall be reduced up to the total of the amount paid |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| by the licensed owner in its June 15 reconciliation payment. |
2 |
| The obligation imposed by this subsection (a-15) is binding on |
3 |
| any person, firm, corporation, or other entity that acquires an |
4 |
| ownership interest in any such owners license. The obligation |
5 |
| imposed under this subsection (a-15) terminates on the earliest |
6 |
| of: (i) July 1, 2007, (ii) the first day after the effective |
7 |
| date of this amendatory Act of the 94th General Assembly that |
8 |
| riverboat gambling operations are conducted pursuant to a |
9 |
| dormant license, (iii) the first day that riverboat gambling |
10 |
| operations are conducted under the authority of an owners |
11 |
| license that is in addition to the 10 owners licenses initially |
12 |
| authorized under this Act, or (iv) the first day that a |
13 |
| licensee under the Illinois Horse Racing Act of 1975 conducts |
14 |
| gaming operations with slot machines or other electronic gaming |
15 |
| devices. The Board must reduce the obligation imposed under |
16 |
| this subsection (a-15) by an amount the Board deems reasonable |
17 |
| for any of the following reasons: (A) an act or acts of God, |
18 |
| (B) an act of bioterrorism or terrorism or a bioterrorism or |
19 |
| terrorism threat that was investigated by a law enforcement |
20 |
| agency, or (C) a condition beyond the control of the owners |
21 |
| licensee that does not result from any act or omission by the |
22 |
| owners licensee or any of its agents and that poses a hazardous |
23 |
| threat to the health and safety of patrons. If an owners |
24 |
| licensee pays an amount in excess of its liability under this |
25 |
| Section, the Board shall apply the overpayment to future |
26 |
| payments required under this Section. |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| For purposes of this subsection (a-15): |
2 |
| "Act of God" means an incident caused by the operation of |
3 |
| an extraordinary force that cannot be foreseen, that cannot be |
4 |
| avoided by the exercise of due care, and for which no person |
5 |
| can be held liable.
|
6 |
| "Base amount" means the following: |
7 |
| For a riverboat in Alton, $31,000,000.
|
8 |
| For a riverboat in East Peoria, $43,000,000.
|
9 |
| For the Empress riverboat in Joliet, $86,000,000.
|
10 |
| For a riverboat in Metropolis, $45,000,000.
|
11 |
| For the Harrah's riverboat in Joliet, $114,000,000.
|
12 |
| For a riverboat in Aurora, $86,000,000.
|
13 |
| For a riverboat in East St. Louis, $48,500,000.
|
14 |
| For a riverboat in Elgin, $198,000,000.
|
15 |
| "Dormant license" has the meaning ascribed to it in |
16 |
| subsection (a-3).
|
17 |
| "Net privilege tax" means all privilege taxes paid by a |
18 |
| licensed owner to the Board under this Section, less all |
19 |
| payments made from the State Gaming Fund pursuant to subsection |
20 |
| (b) of this Section. |
21 |
| The changes made to this subsection (a-15) by Public Act |
22 |
| 94-839
this amendatory Act of the 94th General Assembly are |
23 |
| intended to restate and clarify the intent of Public Act 94-673 |
24 |
| with respect to the amount of the payments required to be made |
25 |
| under this subsection by an owners licensee to the Board.
|
26 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| in the State
Gaming Fund under this Section shall be paid, |
2 |
| subject to appropriation by the
General Assembly, to the unit |
3 |
| of local government which is designated as the
home dock of the |
4 |
| riverboat. Except as otherwise provided in this subsection (b), |
5 |
| beginning
Beginning January 1, 1998, from the tax revenue
from |
6 |
| riverboat gambling deposited in the State Gaming Fund under |
7 |
| this Section, an amount equal to 5% of
(i) an amount equal to |
8 |
| the
adjusted gross gaming receipts generated by a riverboat
|
9 |
| minus (ii) the gross gaming receipts of the gaming positions |
10 |
| authorized under subsection (h-5) of Section 7 generated by a |
11 |
| riverboat, shall be paid monthly, subject
to appropriation by |
12 |
| the General Assembly, to the unit of local government that
is |
13 |
| designated as the home dock of the riverboat. From the tax |
14 |
| revenue
deposited in the State Gaming Fund pursuant to |
15 |
| riverboat gambling operations
conducted by a licensed manager |
16 |
| on behalf of the State, an amount equal to 5%
of adjusted gross |
17 |
| gaming receipts generated pursuant to those riverboat gambling
|
18 |
| operations shall be paid monthly,
subject to appropriation by |
19 |
| the General Assembly, to the unit of local
government that is |
20 |
| designated as the home dock of the riverboat upon which
those |
21 |
| riverboat gambling operations are conducted. For the purposes |
22 |
| of this subsection (b), the gross gaming receipts from the |
23 |
| gaming positions required under subsection (h-5) of Section 7 |
24 |
| shall be calculated in the same manner as provided in |
25 |
| subsection (c-30).
|
26 |
| (b-2) The State Comptroller shall order transferred and the |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
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|
1 |
| State Treasurer shall transfer $229,000,000 from the State |
2 |
| Gaming Fund to the General Revenue Fund as follows: one-ninth |
3 |
| of $229,000,000 on the first day of the month, or as soon |
4 |
| thereafter as possible, each month beginning October 2007 |
5 |
| through June 2008. Of the amounts transferred to the General |
6 |
| Revenue Fund under this subsection (b-2), $200,000,000 shall be |
7 |
| appropriated solely for the purpose of providing funding to the |
8 |
| Regional Transportation Authority and its Service Boards and |
9 |
| $29,000,000 shall be appropriated solely for the purpose of |
10 |
| providing funding for downstate public transportation. From |
11 |
| the total amount of moneys deposited into the State Gaming Fund |
12 |
| from the issuance of the licenses authorized under subsections |
13 |
| (e-5) and (e-6) of Section 7, (i) the first $229,000,000 shall |
14 |
| be retained in the State Gaming Fund and shall be distributed |
15 |
| as otherwise provided, (ii) an amount equal to 30% of the |
16 |
| remainder shall be transferred to the Education Assistance |
17 |
| Fund, and (iii) an amount equal to 70% of the remainder shall |
18 |
| be transferred to the Capital Program Acceleration Fund. |
19 |
| (b-3) From the total amount of moneys deposited in the |
20 |
| State Gaming Fund from the issuance of any additional gaming |
21 |
| positions authorized by Section (h-5) of Section 7 (1) an |
22 |
| amount equal to 30% shall be transferred to the Education |
23 |
| Assistance Fund and (2) an amount equal to 70% shall be |
24 |
| transferred to the General Obligation Bond Retirement and |
25 |
| Interest Fund.
|
26 |
| (b-5) An amount equal to 1% of the gross gaming receipts |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| from owners licenses issued on or after the effective date of |
2 |
| this amendatory Act of the 95th General Assembly authorizing |
3 |
| casino gambling in Cook County shall be paid monthly, subject |
4 |
| to appropriation by the General Assembly, to the Depressed |
5 |
| Communities Economic Development Fund, which is created as a |
6 |
| special fund in the State treasury. The Department of Commerce |
7 |
| and Economic Opportunity shall administer the Fund and use |
8 |
| moneys in the Fund to make grants for plans for revitalization |
9 |
| of communities within Cook County. The Department of Commerce |
10 |
| and Economic Opportunity may make grants in accordance with the |
11 |
| recommendations of the Depressed Communities Economic |
12 |
| Development Board.
|
13 |
| (b-10) Beginning on the effective date of this amendatory |
14 |
| Act of the 95th General Assembly, an amount equal to |
15 |
| one-twelfth of $3,000,000 shall be paid monthly from the State |
16 |
| Gaming Fund into the Illinois Colt Stakes Purse Distribution |
17 |
| Fund to be used for horse racing purses at the Illinois State |
18 |
| Fair and DuQuoin State Fair and for bonus programs to pay |
19 |
| owners of horses that win multiple stake races that are |
20 |
| restricted to Illinois conceived and foaled horses. |
21 |
| (b-15) Beginning on the effective date of this amendatory |
22 |
| Act of the 95th General Assembly, an amount equal to |
23 |
| one-twelfth of $100,000 shall be transferred monthly from the |
24 |
| State Gaming Fund to the Agricultural Premium Fund to be used |
25 |
| for drug testing of horses at county fairs authorized in |
26 |
| Section 34.3 of the Illinois Horse Racing Act of 1975.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (c) Appropriations, as approved by the General Assembly, |
2 |
| may be made
from the State Gaming Fund to the Department of |
3 |
| Revenue and the Department
of State Police for the |
4 |
| administration and enforcement of this Act, or to the
|
5 |
| Department of Human Services for the administration of programs |
6 |
| to treat
problem gambling.
|
7 |
| (c-5)
(Blank).
Before the effective date of
this amendatory |
8 |
| Act of the 94th General Assembly and beginning 2 years after |
9 |
| the effective date of
this amendatory Act of the 94th General |
10 |
| Assembly, after the payments required under subsections (b) and |
11 |
| (c) have been
made, an amount equal to 15% of the adjusted |
12 |
| gross receipts of (1) an owners
licensee that relocates |
13 |
| pursuant to Section 11.2,
(2) an owners licensee
conducting |
14 |
| riverboat gambling operations
pursuant to an
owners license |
15 |
| that is initially issued after June
25, 1999,
or (3) the first
|
16 |
| riverboat gambling operations conducted by a licensed manager |
17 |
| on behalf of the
State under Section 7.3,
whichever comes |
18 |
| first, shall be paid from the State
Gaming Fund into the Horse |
19 |
| Racing Equity Fund.
|
20 |
| (c-10) (Blank).
Each year the General Assembly shall |
21 |
| appropriate from the General
Revenue Fund to the Education |
22 |
| Assistance Fund an amount equal to the amount
paid into the |
23 |
| Horse Racing Equity Fund pursuant to subsection (c-5) in the
|
24 |
| prior calendar year.
|
25 |
| (c-15) (Blank).
After the payments required under |
26 |
| subsections (b), (c), and (c-5)
have been made, an amount equal |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| to 2% of the adjusted gross receipts of (1)
an owners licensee |
2 |
| that relocates pursuant to Section 11.2, (2) an owners
licensee |
3 |
| conducting riverboat gambling operations pursuant to
an
owners |
4 |
| license that is initially issued after June 25, 1999,
or (3) |
5 |
| the first
riverboat gambling operations conducted by a licensed |
6 |
| manager on behalf of the
State under Section 7.3,
whichever |
7 |
| comes first, shall be paid, subject to appropriation
from the |
8 |
| General Assembly, from the State Gaming Fund to each home rule
|
9 |
| county with a population of over 3,000,000 inhabitants for the |
10 |
| purpose of
enhancing the county's criminal justice system.
|
11 |
| (c-20) (Blank).
Each year the General Assembly shall |
12 |
| appropriate from the General
Revenue Fund to the Education |
13 |
| Assistance Fund an amount equal to the amount
paid to each home |
14 |
| rule county with a population of over 3,000,000 inhabitants
|
15 |
| pursuant to subsection (c-15) in the prior calendar year.
|
16 |
| (c-25) After the payments required under subsections (b), |
17 |
| (b-5), (b-10), (b-15), and (c) , (c-5) and
(c-15) have been |
18 |
| made, an amount equal to 2% of the
adjusted gross gaming
|
19 |
| receipts of (1)
an owners licensee
that
relocates pursuant to |
20 |
| Section 11.2, (2)
the first
an
owners
licensee conducting |
21 |
| riverboat gambling operations pursuant to
an
owners license
|
22 |
| that is initially issued after June 25, 1999,
or (3) the first
|
23 |
| riverboat gambling operations conducted by a licensed manager |
24 |
| on behalf of the
State under Section 7.3,
whichever
comes |
25 |
| first,
shall be paid from the State
Gaming Fund to Chicago |
26 |
| State University.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (c-30) After the payments required under subsections (b), |
2 |
| (b-5), (b-10), (b-15), (c), and (c-25) have been made, (1) an |
3 |
| amount equal to 30% of moneys deposited into the State Gaming |
4 |
| Fund pursuant to this Section by owners licensees authorized |
5 |
| under subsections (e-5) and (e-6) of Section 7 and any |
6 |
| additional gaming positions authorized under subsection (h-5) |
7 |
| of Section 7 shall be paid monthly, subject to appropriation by |
8 |
| the General Assembly, to the Education Assistance Fund, and (2) |
9 |
| an amount equal to 70% of moneys deposited into the State |
10 |
| Gaming Fund pursuant to this Section by owners licensees |
11 |
| authorized under subsections (e-5) and (e-6) of Section 7 and |
12 |
| from any additional gaming positions authorized under |
13 |
| subsection (h-5) of Section 7 shall be paid monthly, subject to |
14 |
| appropriation by the General Assembly, to the General |
15 |
| Obligation Bond Retirement and Interest Fund.
For the purposes |
16 |
| of this subsection (c-30), the gross gaming receipts from the |
17 |
| additional gaming positions authorized under subsection (h-5) |
18 |
| of Section 7 shall be calculated in the same manner as provided |
19 |
| in subsection (c-35).
|
20 |
| (c-35) After the payments required under subsections (b), |
21 |
| (b-5), (b-10), (b-15), (c), (c-25), and (c-30) have been made, |
22 |
| an amount equal to 1% of the gross gaming receipts (i) from |
23 |
| gaming positions acquired under subsection (h-5) of Section 7 |
24 |
| of an owners licensee that docks on the Mississippi River, the |
25 |
| Illinois River, or the Ohio River and (ii) of an owners |
26 |
| licensee that is authorized under subsection (e-5) of Section 7 |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| that is located south of Interstate 80 shall be paid, subject |
2 |
| to appropriation by the General Assembly, from the State
Gaming |
3 |
| Fund to qualifying municipalities within 50 miles of the home |
4 |
| dock of the riverboat. The amount paid under this subsection |
5 |
| (c-35) to each qualifying municipality shall be based on the |
6 |
| proportion that the number of persons living at or below the |
7 |
| poverty level in the qualifying municipality bears to the total |
8 |
| number of persons living at or below the poverty level in |
9 |
| qualifying municipalities that are within 50 miles of the |
10 |
| owners licensee's home dock. If 2 or more of the following |
11 |
| owners licensees are within 50 miles of each other, payments |
12 |
| required under this subsection (c-35) from the gross gaming |
13 |
| receipts of those owners licensees shall be commingled and paid |
14 |
| to qualifying municipalities that are within 50 miles of at |
15 |
| least one of those owners licensee's home docks: |
16 |
| (i) An owners licensee whose home dock is located on |
17 |
| the Mississippi River. |
18 |
| (ii) An owners licensee whose home dock is located on |
19 |
| the Illinois River. |
20 |
| (iii) An owners licensee whose home dock is located on |
21 |
| the Ohio River. |
22 |
| (iv) An owners licensee that is authorized under |
23 |
| subsection (e-5) of Section 7 that is located south of |
24 |
| Interstate 80. |
25 |
| For the purposes of this subsection (c-35), the term |
26 |
| "qualifying municipality" means a municipality, other than a |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| municipality in which a riverboat docks, in which the poverty |
2 |
| rate as determined by using the most recent data released by |
3 |
| the United States Census Bureau is at least 3% greater than the |
4 |
| State poverty rate as determined by using the most recent data |
5 |
| released by the United States Census Bureau. |
6 |
| For the purposes of this subsection (c-35), the gross |
7 |
| gaming receipts from the gaming positions acquired under |
8 |
| subsection (h-5) of Section 7 shall be the difference between |
9 |
| the gross gaming receipts in a particular month from the gross |
10 |
| gaming receipts for the corresponding month in calendar year |
11 |
| 2006.
|
12 |
| (c-40) After the payments required under subsections (b), |
13 |
| (b-5), (b-10), (b-15), (c),
(c-25), (c-30), and (c-35) have |
14 |
| been made, an amount equal to 1% of the gross gaming receipts |
15 |
| (i) of the gaming positions authorized under subsection (h-5) |
16 |
| of Section 7 of an owners licensee that docks on the Fox River |
17 |
| or the Des Plaines River and (ii) of an owners licensee that is |
18 |
| authorized under subsection (e-5) of Section 7 that is located |
19 |
| north of Interstate 80 shall be paid, subject to appropriation |
20 |
| by the General Assembly, from the State
Gaming Fund to |
21 |
| qualifying municipalities within 20 miles of the home dock of |
22 |
| the riverboat. The amount paid under this subsection (c-40) to |
23 |
| each qualifying municipality shall be based on the proportion |
24 |
| that the number of persons living at or below the poverty level |
25 |
| in the qualifying municipality bears to the total number of |
26 |
| persons living at or below the poverty level in qualifying |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| municipalities that are within 20 miles of the owners |
2 |
| licensee's home dock. If the home docks of 2 or more of the |
3 |
| following owners licensees are within 20 miles of each other, |
4 |
| payments required under this subsection (c-40) from the gross |
5 |
| gaming receipts of those owners licensees shall be commingled |
6 |
| and paid to qualifying municipalities that are within 20 miles |
7 |
| of at least one of those owners licensee's home docks: |
8 |
| (i) An owners licensee whose home dock is located on |
9 |
| the Fox River. |
10 |
| (ii) An owners licensee whose home dock is located on |
11 |
| the Des Plaines River. |
12 |
| (iii) An owners licensee that is authorized under |
13 |
| subsection (e-5) of Section 7 that is located north of |
14 |
| Interstate 80. |
15 |
| For the purposes of this subsection (c-40), the term |
16 |
| "qualifying municipality" means a municipality, other than the |
17 |
| City of Chicago or a municipality in which a riverboat docks, |
18 |
| in which the poverty rate as determined by using the most |
19 |
| recent data released by the United States Census Bureau is at |
20 |
| least 3% greater than the State poverty rate as determined by |
21 |
| using the most recent data released by the United States Census |
22 |
| Bureau.
|
23 |
| For the purposes of this subsection (c-40), the gross |
24 |
| gaming receipts from the gaming positions acquired under |
25 |
| subsection (h-5) of Section 7 shall be calculated in the same |
26 |
| manner as provided in subsection (c-30).
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (c-45) After the payments required under subsections (b), |
2 |
| (b-5), (b-10), (b-15), (c),
(c-25), (c-30), (c-35), and (c-40) |
3 |
| have been made, an amount equal to 1% of the gross gaming |
4 |
| receipts of an owners licensee that is authorized under |
5 |
| subsection (e-6) of Section 7, shall be paid, subject to |
6 |
| appropriation by the General Assembly, from the State
Gaming |
7 |
| Fund to qualifying municipalities within 10 miles of the |
8 |
| casino. The amount paid under this subsection (c-45) to each |
9 |
| qualifying municipality shall be based on the proportion that |
10 |
| the number of persons living at or below the poverty level in |
11 |
| the qualifying municipality bears to the total number of |
12 |
| persons living at or below the poverty level in qualifying |
13 |
| municipalities that are within 10 miles of the casino. For the |
14 |
| purposes of this subsection (c-45), the term "qualifying |
15 |
| municipality" means a municipality, other than the City of |
16 |
| Chicago, a municipality in which a riverboat docks, or a |
17 |
| municipality that received payment under subsection (c-35) or |
18 |
| (c-40), in which the poverty rate as determined by using the |
19 |
| most recent data released by the United States Census Bureau is |
20 |
| at least 3% greater than the State poverty rate as determined |
21 |
| by using the most recent data released by the United States |
22 |
| Census Bureau.
|
23 |
| (c-50) After payments required under subsections (b), |
24 |
| (b-5), (b-10), (b-15), (c), (c-25), (c-30), (c-35), (c-40), and |
25 |
| (c-45) have been made, an amount equal to 1.5% of the gross |
26 |
| gaming receipts from owners licenses issued on or after the |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| effective date of this amendatory Act of the 95th General |
2 |
| Assembly authorizing casino gambling in Cook County shall be |
3 |
| paid monthly, subject to appropriation by the General Assembly, |
4 |
| to Cook County. |
5 |
| (d) From time to time, the
Board shall transfer the |
6 |
| remainder of the funds
generated by this Act into the Education
|
7 |
| Assistance Fund, created by Public Act 86-0018, of the State of |
8 |
| Illinois.
|
9 |
| (e) Nothing in this Act shall prohibit the unit of local |
10 |
| government
designated as the home dock of the riverboat , or the |
11 |
| municipality in which the casino is located, from entering into |
12 |
| agreements
with other units of local government in this State |
13 |
| or in other states to
share its portion of the tax revenue.
|
14 |
| (f) To the extent practicable, the Board shall administer |
15 |
| and collect the
wagering taxes imposed by this Section in a |
16 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
17 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the |
18 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform |
19 |
| Penalty and Interest Act.
|
20 |
| (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, |
21 |
| eff. 8-23-05; 94-804, eff. 5-26-06; 94-839, eff. 6-6-06; |
22 |
| revised 8-3-06.)
|
23 |
| (230 ILCS 10/13.2 new) |
24 |
| Sec. 13.2. Municipal distributions of proceeds from a |
25 |
| casino; gaming endowment funds. At least 60% of the moneys that |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| a municipality in which a casino is located receives pursuant |
2 |
| to Section 50 of the Chicago Casino Development Authority Act |
3 |
| shall be described as "gaming endowment funds" and be expended |
4 |
| or obligated by the municipality for the following purposes and |
5 |
| in the following amounts: |
6 |
| (1) 40% of such gaming endowment funds shall be used |
7 |
| for or pledged for the construction and maintenance of |
8 |
| infrastructure within the municipality, including but not |
9 |
| limited to roads, bridges, transit infrastructure, and |
10 |
| municipal facilities.
|
11 |
| (2) 60% of such gaming endowment funds shall be used |
12 |
| for or pledged for the construction and maintenance of |
13 |
| schools, parks and cultural institution facilities, and |
14 |
| museums within the municipality.
|
15 |
| (230 ILCS 10/14)
(from Ch. 120, par. 2414)
|
16 |
| Sec. 14. Licensees - Records - Reports - Supervision.
|
17 |
| (a) A Licensed owners, including the Authority,
owner
shall
|
18 |
| keep their
his books and records so as to clearly show the |
19 |
| following:
|
20 |
| (1) The amount received daily from admission fees.
|
21 |
| (2) The total amount of whole gaming
gross receipts.
|
22 |
| (3) The total amount of the adjusted gross gaming receipts.
|
23 |
| (b) The Licensed owners, including the Authority,
owner
|
24 |
| shall
furnish to the Board reports and information as
the Board |
25 |
| may require with respect to its activities on forms designed |
|
|
|
09500HB2035sam008 |
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|
|
1 |
| and
supplied for such purpose by the Board.
|
2 |
| (c) The books and records kept by a licensed owner as |
3 |
| provided by this Section are
public records and the |
4 |
| examination, publication, and dissemination of the
books and |
5 |
| records are governed by the provisions of The Freedom of |
6 |
| Information
Act.
|
7 |
| (Source: P.A. 86-1029.)
|
8 |
| (230 ILCS 10/18)
(from Ch. 120, par. 2418)
|
9 |
| Sec. 18. Prohibited Activities - Penalty.
|
10 |
| (a) A person is guilty of a Class A misdemeanor for doing |
11 |
| any of the
following:
|
12 |
| (1) Conducting gambling where wagering
is used or to be |
13 |
| used
without a license or authorization issued by the |
14 |
| Board.
|
15 |
| (2) Conducting gambling where wagering
is permitted |
16 |
| other
than in the manner specified by Section 11.
|
17 |
| (b) A person is guilty of a Class B misdemeanor for doing |
18 |
| any of the
following:
|
19 |
| (1) permitting a person under 21 years to make a wager; |
20 |
| or
|
21 |
| (2) violating paragraph (12) of subsection (a) of |
22 |
| Section 11 of this Act.
|
23 |
| (c) A person wagering or accepting a wager at any location |
24 |
| outside the
riverboat or casino in violation of paragraph
is
|
25 |
| subject
to the penalties in paragraphs (1) or (2) of
subsection |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (a) of Section 28-1 of the Criminal Code of 1961 is subject to |
2 |
| the
penalties provided in that Section .
|
3 |
| (d) A person commits a Class 4 felony and, in addition, |
4 |
| shall be barred
for life from gambling operations
riverboats
|
5 |
| under the jurisdiction of
the
Board, if the person does any of |
6 |
| the following:
|
7 |
| (1) Offers, promises, or gives anything of value or |
8 |
| benefit to a person
who is connected with a riverboat or |
9 |
| casino owner
including, but
not limited to, an officer or |
10 |
| employee of a licensed owner or holder of an
occupational |
11 |
| license pursuant to an agreement or arrangement or with the
|
12 |
| intent that the promise or thing of value or benefit will |
13 |
| influence the
actions of the person to whom the offer, |
14 |
| promise, or gift was made in order
to affect or attempt to |
15 |
| affect the outcome of a gambling game, or to
influence |
16 |
| official action of a member of the Board.
|
17 |
| (2) Solicits or knowingly accepts or receives a promise |
18 |
| of anything of
value or benefit while the person is |
19 |
| connected with a riverboat or casino including, but not |
20 |
| limited to, an officer or
employee of a
licensed owner,
or |
21 |
| the holder of an occupational license, pursuant to an |
22 |
| understanding or
arrangement or with the intent that the |
23 |
| promise or thing of value or
benefit will influence the |
24 |
| actions of the person to affect or attempt to
affect the |
25 |
| outcome of a gambling game, or to influence official action |
26 |
| of a
member of the Board.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (3) Uses or possesses with the intent to use a device |
2 |
| to assist:
|
3 |
| (i) In projecting the outcome of the game.
|
4 |
| (ii) In keeping track of the cards played.
|
5 |
| (iii) In analyzing the probability of the |
6 |
| occurrence of an event
relating to the gambling game.
|
7 |
| (iv) In analyzing the strategy for playing or |
8 |
| betting to be used in the
game except as permitted by |
9 |
| the Board.
|
10 |
| (4) Cheats at a gambling game.
|
11 |
| (5) Manufactures, sells, or distributes any cards, |
12 |
| chips, dice, game or
device which is intended to be used to |
13 |
| violate any provision of this Act.
|
14 |
| (6) Alters or misrepresents the outcome of a gambling |
15 |
| game on which
wagers have been made after the outcome is |
16 |
| made sure but before it is
revealed to the players.
|
17 |
| (7) Places a bet after acquiring knowledge, not |
18 |
| available to all players,
of the outcome of the gambling |
19 |
| game which is subject of the bet or to aid a
person in |
20 |
| acquiring the knowledge for the purpose of placing a bet
|
21 |
| contingent on that outcome.
|
22 |
| (8) Claims, collects, or takes, or attempts to claim, |
23 |
| collect, or take,
money or anything of value in or from the |
24 |
| gambling games, with intent to
defraud, without having made |
25 |
| a wager contingent on winning a gambling game,
or claims, |
26 |
| collects, or takes an amount of money or thing of value of
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| greater value than the amount won.
|
2 |
| (9) Uses counterfeit chips or tokens in a gambling |
3 |
| game.
|
4 |
| (10) Possesses any key or device designed for the |
5 |
| purpose of opening,
entering, or affecting the operation of |
6 |
| a gambling game, drop box, or an
electronic or mechanical |
7 |
| device connected with the gambling game or for
removing |
8 |
| coins, tokens, chips or other contents of a gambling game. |
9 |
| This
paragraph (10) does not apply to a gambling licensee |
10 |
| or employee of a
gambling licensee acting in furtherance of |
11 |
| the employee's employment.
|
12 |
| (e) The possession of more than one of the devices |
13 |
| described in
subsection (d), paragraphs (3), (5) or (10) |
14 |
| permits a rebuttable
presumption that the possessor intended to |
15 |
| use the devices for cheating.
|
16 |
| An action to prosecute any crime occurring on a riverboat |
17 |
| or in a casino
shall be tried in the county of the dock at which |
18 |
| the riverboat is based or in the county in which the casino is |
19 |
| located .
|
20 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
21 |
| (230 ILCS 10/20)
(from Ch. 120, par. 2420)
|
22 |
| Sec. 20. Prohibited activities - civil penalties. Any |
23 |
| person who
conducts a gambling operation without first |
24 |
| obtaining a license to do so, or
who continues to conduct such |
25 |
| games after revocation of his license, or any
licensee who |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| conducts or allows to be conducted any unauthorized gambling |
2 |
| games
on a riverboat or in a casino
where it is authorized to |
3 |
| conduct its riverboat gambling operation, in
addition to
other |
4 |
| penalties provided, shall be subject to a civil penalty equal |
5 |
| to the
amount of whole gaming
gross receipts derived from |
6 |
| wagering on the gambling games,
whether unauthorized or |
7 |
| authorized, conducted on that day as well as
confiscation and |
8 |
| forfeiture of all gambling game equipment used in the
conduct |
9 |
| of unauthorized gambling games.
|
10 |
| (Source: P.A. 86-1029.)
|
11 |
| (230 ILCS 10/23) (from Ch. 120, par. 2423)
|
12 |
| Sec. 23. The State Gaming Fund. On or after the effective |
13 |
| date of
this Act, except as provided for payments into the |
14 |
| Horse Racing Equity Trust Fund under subsection (a) of Section |
15 |
| 7, all of the fees and taxes collected pursuant to
this Act |
16 |
| shall be deposited into the State Gaming Fund, a
special fund |
17 |
| in the State Treasury, which is hereby created. The adjusted
|
18 |
| gross gaming receipts of any riverboat gambling operations |
19 |
| conducted by a licensed
manager on behalf of the State |
20 |
| remaining after the payment of the fees and
expenses of the |
21 |
| licensed manager shall be deposited into the State Gaming
Fund. |
22 |
| Fines and
penalties collected pursuant to this Act shall be |
23 |
| deposited into the
Education Assistance Fund, created by Public |
24 |
| Act 86-0018, of the State of
Illinois.
|
25 |
| (Source: P.A. 93-28, eff. 6-20-03; 94-804, eff. 5-26-06.)
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| Section 950. The Liquor Control Act of 1934 is amended by |
2 |
| changing Sections 5-1 and 6-30 as follows:
|
3 |
| (235 ILCS 5/5-1) (from Ch. 43, par. 115)
|
4 |
| Sec. 5-1. Licenses issued by the Illinois Liquor Control |
5 |
| Commission
shall be of the following classes:
|
6 |
| (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
7 |
| Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
8 |
| Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
9 |
| First Class Winemaker, Class 7. Second Class Winemaker, Class |
10 |
| 8.
Limited Wine Manufacturer,
|
11 |
| (b) Distributor's license,
|
12 |
| (c) Importing Distributor's license,
|
13 |
| (d) Retailer's license,
|
14 |
| (e) Special Event Retailer's license (not-for-profit),
|
15 |
| (f) Railroad license,
|
16 |
| (g) Boat license,
|
17 |
| (h) Non-Beverage User's license,
|
18 |
| (i) Wine-maker's premises license,
|
19 |
| (j) Airplane license,
|
20 |
| (k) Foreign importer's license,
|
21 |
| (l) Broker's license,
|
22 |
| (m) Non-resident dealer's
license,
|
23 |
| (n) Brew Pub license,
|
24 |
| (o) Auction liquor license,
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (p) Caterer retailer license,
|
2 |
| (q) Special use permit license.
|
3 |
| No
person, firm, partnership, corporation, or other legal |
4 |
| business entity that is
engaged in the manufacturing of wine |
5 |
| may concurrently obtain and hold a
wine-maker's license and a |
6 |
| wine manufacturer's license.
|
7 |
| (a) A manufacturer's license shall allow the manufacture,
|
8 |
| importation in bulk, storage, distribution and sale of |
9 |
| alcoholic liquor
to persons without the State, as may be |
10 |
| permitted by law and to licensees
in this State as follows:
|
11 |
| Class 1. A Distiller may make sales and deliveries of |
12 |
| alcoholic liquor to
distillers, rectifiers, importing |
13 |
| distributors, distributors and
non-beverage users and to no |
14 |
| other licensees.
|
15 |
| Class 2. A Rectifier, who is not a distiller, as defined |
16 |
| herein, may make
sales and deliveries of alcoholic liquor to |
17 |
| rectifiers, importing distributors,
distributors, retailers |
18 |
| and non-beverage users and to no other licensees.
|
19 |
| Class 3. A Brewer may make sales and deliveries of beer to |
20 |
| importing
distributors, distributors, and to non-licensees, |
21 |
| and to
retailers provided the brewer obtains an importing |
22 |
| distributor's license or
distributor's license in accordance |
23 |
| with the provisions of this Act.
|
24 |
| Class 4. A first class wine-manufacturer may make sales and |
25 |
| deliveries of
up to 50,000 gallons of wine to manufacturers,
|
26 |
| importing
distributors and distributors, and to no other |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| licensees.
|
2 |
| Class 5. A second class Wine manufacturer may make sales |
3 |
| and deliveries
of more than 50,000 gallons of wine to |
4 |
| manufacturers, importing distributors
and distributors and to |
5 |
| no other licensees.
|
6 |
| Class 6. A first-class wine-maker's license shall allow the |
7 |
| manufacture
of up to 50,000 gallons of wine per year, and the
|
8 |
| storage
and sale of such
wine to distributors in the State and |
9 |
| to persons without the
State, as may be permitted by law. A |
10 |
| first-class wine-maker's license shall
allow the sale of no |
11 |
| more than 5,000
gallons of the licensee's wine to retailers. |
12 |
| The State Commission shall issue
only one first-class |
13 |
| wine-maker's license to any person, firm, partnership,
|
14 |
| corporation, or other legal business entity that is engaged in |
15 |
| the making of
less than 50,000 gallons of wine annually that |
16 |
| applies for a first-class
wine-maker's license. No subsidiary |
17 |
| or affiliate thereof, nor any officer,
associate, member, |
18 |
| partner, representative, employee, agent, or shareholder may
|
19 |
| be issued an additional wine-maker's license by the State |
20 |
| Commission.
|
21 |
| Class 7. A second-class wine-maker's license shall allow |
22 |
| the manufacture
of between 50,000 and 100,000 gallons of wine |
23 |
| per year, and
the
storage and sale of such wine
to distributors |
24 |
| in this State and to persons without the State, as may be
|
25 |
| permitted by law. A second-class wine-maker's license shall |
26 |
| allow the sale
of
no more than 10,000 gallons of the licensee's |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| wine directly to retailers.
The State Commission shall issue |
2 |
| only one second-class wine-maker's license
to any person, firm, |
3 |
| partnership, corporation, or other legal business entity
that |
4 |
| is engaged in the making of less than 100,000 gallons of wine |
5 |
| annually
that applies for a second-class wine-maker's license. |
6 |
| No subsidiary or
affiliate thereof, or any officer, associate, |
7 |
| member, partner, representative,
employee, agent, or |
8 |
| shareholder may be issued an additional wine-maker's
license by |
9 |
| the State Commission.
|
10 |
| Class 8. A limited wine-manufacturer may make sales and |
11 |
| deliveries not to
exceed 40,000 gallons of wine per year to |
12 |
| distributors, and to
non-licensees in accordance with the |
13 |
| provisions of this Act.
|
14 |
| (a-1) A manufacturer which is licensed in this State to |
15 |
| make sales or
deliveries of alcoholic liquor and which enlists |
16 |
| agents, representatives, or
individuals acting on its behalf |
17 |
| who contact licensed retailers on a regular
and continual basis |
18 |
| in this State must register those agents, representatives,
or |
19 |
| persons acting on its behalf with the State Commission.
|
20 |
| Registration of agents, representatives, or persons acting |
21 |
| on behalf of a
manufacturer is fulfilled by submitting a form |
22 |
| to the Commission. The form
shall be developed by the |
23 |
| Commission and shall include the name and address of
the |
24 |
| applicant, the name and address of the manufacturer he or she |
25 |
| represents,
the territory or areas assigned to sell to or |
26 |
| discuss pricing terms of
alcoholic liquor, and any other |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| questions deemed appropriate and necessary.
All statements in |
2 |
| the forms required to be made by law or by rule shall be
deemed |
3 |
| material, and any person who knowingly misstates any material |
4 |
| fact under
oath in an application is guilty of a Class B |
5 |
| misdemeanor. Fraud,
misrepresentation, false statements, |
6 |
| misleading statements, evasions, or
suppression of material |
7 |
| facts in the securing of a registration are grounds for
|
8 |
| suspension or revocation of the registration.
|
9 |
| (b) A distributor's license shall allow the wholesale |
10 |
| purchase and storage
of alcoholic liquors and sale of alcoholic |
11 |
| liquors to licensees
in this State and to persons without the |
12 |
| State, as may be permitted by law.
|
13 |
| (c) An importing distributor's license may be issued to and |
14 |
| held by
those only who are duly licensed distributors, upon the |
15 |
| filing of an
application by a duly licensed distributor, with |
16 |
| the Commission and
the Commission shall, without the
payment of |
17 |
| any fee, immediately issue such importing distributor's
|
18 |
| license to the applicant, which shall allow the importation of |
19 |
| alcoholic
liquor by the licensee into this State from any point |
20 |
| in the United
States outside this State, and the purchase of |
21 |
| alcoholic liquor in
barrels, casks or other bulk containers and |
22 |
| the bottling of such
alcoholic liquors before resale thereof, |
23 |
| but all bottles or containers
so filled shall be sealed, |
24 |
| labeled, stamped and otherwise made to comply
with all |
25 |
| provisions, rules and regulations governing manufacturers in
|
26 |
| the preparation and bottling of alcoholic liquors. The |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| importing
distributor's license shall permit such licensee to |
2 |
| purchase alcoholic
liquor from Illinois licensed non-resident |
3 |
| dealers and foreign importers only.
|
4 |
| (d) A retailer's license shall allow the licensee to sell |
5 |
| and offer
for sale at retail, only in the premises specified in |
6 |
| the license,
alcoholic liquor for use or consumption, but not |
7 |
| for resale in any form:
Provided that any retail license issued |
8 |
| to a manufacturer shall only
permit the manufacturer to sell |
9 |
| beer at retail on the premises actually
occupied by the |
10 |
| manufacturer. For the purpose of further describing the type of |
11 |
| business conducted at a retail licensed premises, a retailer's |
12 |
| licensee may be designated by the State Commission as (i) an on |
13 |
| premise consumption retailer, (ii) an off premise sale |
14 |
| retailer, or (iii) a combined on premise consumption and off |
15 |
| premise sale retailer.
|
16 |
| Notwithstanding any other provision of this subsection |
17 |
| (d), a retail
licensee may sell alcoholic liquors to a special |
18 |
| event retailer licensee for
resale to the extent permitted |
19 |
| under subsection (e).
|
20 |
| (e) A special event retailer's license (not-for-profit) |
21 |
| shall permit the
licensee to purchase alcoholic liquors from an |
22 |
| Illinois licensed distributor
(unless the licensee purchases |
23 |
| less than $500 of alcoholic liquors for the
special event, in |
24 |
| which case the licensee may purchase the alcoholic liquors
from |
25 |
| a licensed retailer) and shall allow the licensee to sell and |
26 |
| offer for
sale, at retail, alcoholic liquors for use or |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| consumption, but not for resale
in any form and only at the |
2 |
| location and on the specific dates designated for
the special |
3 |
| event in the license. An applicant for a special event retailer
|
4 |
| license must
(i) furnish with the application: (A) a resale |
5 |
| number issued under Section
2c of the Retailers' Occupation Tax |
6 |
| Act or evidence that the applicant is
registered under Section |
7 |
| 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
8 |
| exemption identification
number issued under Section 1g of the |
9 |
| Retailers' Occupation Tax Act, and a
certification to the |
10 |
| Commission that the purchase of alcoholic liquors will be
a |
11 |
| tax-exempt purchase, or (C) a statement that the applicant is |
12 |
| not registered
under Section 2a of the Retailers' Occupation |
13 |
| Tax Act, does not hold a resale
number under Section 2c of the |
14 |
| Retailers' Occupation Tax Act, and does not
hold an exemption |
15 |
| number under Section 1g of the Retailers' Occupation Tax
Act, |
16 |
| in which event the Commission shall set forth on the special |
17 |
| event
retailer's license a statement to that effect; (ii) |
18 |
| submit with the application proof satisfactory to
the State |
19 |
| Commission that the applicant will provide dram shop liability
|
20 |
| insurance in the maximum limits; and (iii) show proof |
21 |
| satisfactory to the
State Commission that the applicant has |
22 |
| obtained local authority
approval.
|
23 |
| (f) A railroad license shall permit the licensee to import |
24 |
| alcoholic
liquors into this State from any point in the United |
25 |
| States outside this
State and to store such alcoholic liquors |
26 |
| in this State; to make wholesale
purchases of alcoholic liquors |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| directly from manufacturers, foreign
importers, distributors |
2 |
| and importing distributors from within or outside
this State; |
3 |
| and to store such alcoholic liquors in this State; provided
|
4 |
| that the above powers may be exercised only in connection with |
5 |
| the
importation, purchase or storage of alcoholic liquors to be |
6 |
| sold or
dispensed on a club, buffet, lounge or dining car |
7 |
| operated on an electric,
gas or steam railway in this State; |
8 |
| and provided further, that railroad
licensees exercising the |
9 |
| above powers shall be subject to all provisions of
Article VIII |
10 |
| of this Act as applied to importing distributors. A railroad
|
11 |
| license shall also permit the licensee to sell or dispense |
12 |
| alcoholic
liquors on any club, buffet, lounge or dining car |
13 |
| operated on an electric,
gas or steam railway regularly |
14 |
| operated by a common carrier in this State,
but shall not |
15 |
| permit the sale for resale of any alcoholic liquors to any
|
16 |
| licensee within this State. A license shall be obtained for |
17 |
| each car in which
such sales are made.
|
18 |
| (g) A boat license shall allow the sale of alcoholic liquor |
19 |
| in
individual drinks, on any passenger boat regularly operated |
20 |
| as a common
carrier on navigable waters in this State or on any |
21 |
| riverboat operated
under
the Riverboat and Casino Gambling Act, |
22 |
| which boat or riverboat maintains a public
dining room or |
23 |
| restaurant thereon.
|
24 |
| (h) A non-beverage user's license shall allow the licensee |
25 |
| to
purchase alcoholic liquor from a licensed manufacturer or |
26 |
| importing
distributor, without the imposition of any tax upon |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| the business of such
licensed manufacturer or importing |
2 |
| distributor as to such alcoholic
liquor to be used by such |
3 |
| licensee solely for the non-beverage purposes
set forth in |
4 |
| subsection (a) of Section 8-1 of this Act, and
such licenses |
5 |
| shall be divided and classified and shall permit the
purchase, |
6 |
| possession and use of limited and stated quantities of
|
7 |
| alcoholic liquor as follows:
|
8 |
| Class 1, not to exceed ......................... 500 gallons
|
9 |
| Class 2, not to exceed ....................... 1,000 gallons
|
10 |
| Class 3, not to exceed ....................... 5,000 gallons
|
11 |
| Class 4, not to exceed ...................... 10,000 gallons
|
12 |
| Class 5, not to exceed ....................... 50,000 gallons
|
13 |
| (i) A wine-maker's premises license shall allow a
licensee |
14 |
| that concurrently holds a first-class wine-maker's license to |
15 |
| sell
and offer for sale at retail in the premises specified in |
16 |
| such license
not more than 50,000 gallons of the first-class |
17 |
| wine-maker's wine that is
made at the first-class wine-maker's |
18 |
| licensed premises per year for use or
consumption, but not for |
19 |
| resale in any form. A wine-maker's premises
license shall allow |
20 |
| a licensee who concurrently holds a second-class
wine-maker's |
21 |
| license to sell and offer for sale at retail in the premises
|
22 |
| specified in such license up to 100,000 gallons of the
|
23 |
| second-class wine-maker's wine that is made at the second-class |
24 |
| wine-maker's
licensed premises per year
for use or consumption |
25 |
| but not for resale in any form. A wine-maker's premises license |
26 |
| shall allow a
licensee that concurrently holds a first-class |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| wine-maker's license or a second-class
wine-maker's license to |
2 |
| sell
and offer for sale at retail at the premises specified in |
3 |
| the wine-maker's premises license, for use or consumption but |
4 |
| not for resale in any form, any beer, wine, and spirits |
5 |
| purchased from a licensed distributor. Upon approval from the
|
6 |
| State Commission, a wine-maker's premises license
shall allow |
7 |
| the licensee to sell and offer for sale at (i) the wine-maker's
|
8 |
| licensed premises and (ii) at up to 2 additional locations for |
9 |
| use and
consumption and not for resale. Each location shall |
10 |
| require additional
licensing per location as specified in |
11 |
| Section 5-3 of this Act.
|
12 |
| (j) An airplane license shall permit the licensee to import
|
13 |
| alcoholic liquors into this State from any point in the United |
14 |
| States
outside this State and to store such alcoholic liquors |
15 |
| in this State; to
make wholesale purchases of alcoholic liquors |
16 |
| directly from
manufacturers, foreign importers, distributors |
17 |
| and importing
distributors from within or outside this State; |
18 |
| and to store such
alcoholic liquors in this State; provided |
19 |
| that the above powers may be
exercised only in connection with |
20 |
| the importation, purchase or storage
of alcoholic liquors to be |
21 |
| sold or dispensed on an airplane; and
provided further, that |
22 |
| airplane licensees exercising the above powers
shall be subject |
23 |
| to all provisions of Article VIII of this Act as
applied to |
24 |
| importing distributors. An airplane licensee shall also
permit |
25 |
| the sale or dispensing of alcoholic liquors on any passenger
|
26 |
| airplane regularly operated by a common carrier in this State, |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| but shall
not permit the sale for resale of any alcoholic |
2 |
| liquors to any licensee
within this State. A single airplane |
3 |
| license shall be required of an
airline company if liquor |
4 |
| service is provided on board aircraft in this
State. The annual |
5 |
| fee for such license shall be as determined in
Section 5-3.
|
6 |
| (k) A foreign importer's license shall permit such licensee |
7 |
| to purchase
alcoholic liquor from Illinois licensed |
8 |
| non-resident dealers only, and to
import alcoholic liquor other |
9 |
| than in bulk from any point outside the
United States and to |
10 |
| sell such alcoholic liquor to Illinois licensed
importing |
11 |
| distributors and to no one else in Illinois;
provided that the |
12 |
| foreign importer registers with the State Commission
every
|
13 |
| brand of
alcoholic liquor that it proposes to sell to Illinois |
14 |
| licensees during the
license period and
provided further that |
15 |
| the foreign importer complies with all of the provisions
of |
16 |
| Section
6-9 of this Act with respect to registration of such |
17 |
| Illinois licensees as may
be granted the
right to sell such |
18 |
| brands at wholesale.
|
19 |
| (l) (i) A broker's license shall be required of all persons
|
20 |
| who solicit
orders for, offer to sell or offer to supply |
21 |
| alcoholic liquor to
retailers in the State of Illinois, or who |
22 |
| offer to retailers to ship or
cause to be shipped or to make |
23 |
| contact with distillers, rectifiers,
brewers or manufacturers |
24 |
| or any other party within or without the State
of Illinois in |
25 |
| order that alcoholic liquors be shipped to a distributor,
|
26 |
| importing distributor or foreign importer, whether such |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| solicitation or
offer is consummated within or without the |
2 |
| State of Illinois.
|
3 |
| No holder of a retailer's license issued by the Illinois |
4 |
| Liquor
Control Commission shall purchase or receive any |
5 |
| alcoholic liquor, the
order for which was solicited or offered |
6 |
| for sale to such retailer by a
broker unless the broker is the |
7 |
| holder of a valid broker's license.
|
8 |
| The broker shall, upon the acceptance by a retailer of the |
9 |
| broker's
solicitation of an order or offer to sell or supply or |
10 |
| deliver or have
delivered alcoholic liquors, promptly forward |
11 |
| to the Illinois Liquor
Control Commission a notification of |
12 |
| said transaction in such form as
the Commission may by |
13 |
| regulations prescribe.
|
14 |
| (ii) A broker's license shall be required of
a person |
15 |
| within this State, other than a retail licensee,
who, for a fee |
16 |
| or commission, promotes, solicits, or accepts orders for
|
17 |
| alcoholic liquor, for use or consumption and not for
resale, to |
18 |
| be shipped from this State and delivered to residents outside |
19 |
| of
this State by an express company, common carrier, or |
20 |
| contract carrier.
This Section does not apply to any person who |
21 |
| promotes, solicits, or accepts
orders for wine as specifically |
22 |
| authorized in Section 6-29 of this Act.
|
23 |
| A broker's license under this subsection (1) shall not |
24 |
| entitle the holder to
buy or sell any
alcoholic liquors for his |
25 |
| own account or to take or deliver title to
such alcoholic |
26 |
| liquors.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| This subsection (1) shall not apply to distributors, |
2 |
| employees of
distributors, or employees of a manufacturer who |
3 |
| has registered the
trademark, brand or name of the alcoholic |
4 |
| liquor pursuant to Section 6-9
of this Act, and who regularly |
5 |
| sells such alcoholic liquor
in the State of Illinois only to |
6 |
| its registrants thereunder.
|
7 |
| Any agent, representative, or person subject to |
8 |
| registration pursuant to
subsection (a-1) of this Section shall |
9 |
| not be eligible to receive a broker's
license.
|
10 |
| (m) A non-resident dealer's license shall permit such |
11 |
| licensee to ship
into and warehouse alcoholic liquor into this |
12 |
| State from any point
outside of this State, and to sell such |
13 |
| alcoholic liquor to Illinois licensed
foreign importers and |
14 |
| importing distributors and to no one else in this State;
|
15 |
| provided that said non-resident dealer shall register with the |
16 |
| Illinois Liquor
Control Commission each and every brand of |
17 |
| alcoholic liquor which it proposes
to sell to Illinois |
18 |
| licensees during the license period; and further provided
that |
19 |
| it shall comply with all of the provisions of Section 6-9 |
20 |
| hereof with
respect to registration of such Illinois licensees |
21 |
| as may be granted the right
to sell such brands at wholesale.
|
22 |
| (n) A brew pub license shall allow the licensee to |
23 |
| manufacture beer only
on the premises specified in the license, |
24 |
| to make sales of the
beer manufactured on the premises to |
25 |
| importing distributors, distributors,
and to non-licensees for |
26 |
| use and consumption, to store the beer upon
the premises, and |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| to sell and offer for sale at retail from the licensed
|
2 |
| premises, provided that a brew pub licensee shall not sell for |
3 |
| off-premises
consumption more than 50,000 gallons per year.
|
4 |
| (o) A caterer retailer license shall allow the holder
to |
5 |
| serve alcoholic liquors as an incidental part of a food service |
6 |
| that serves
prepared meals which excludes the serving of snacks |
7 |
| as
the primary meal, either on or off-site whether licensed or |
8 |
| unlicensed.
|
9 |
| (p) An auction liquor license shall allow the licensee to |
10 |
| sell and offer
for sale at auction wine and spirits for use or |
11 |
| consumption, or for resale by
an Illinois liquor licensee in |
12 |
| accordance with provisions of this Act. An
auction liquor |
13 |
| license will be issued to a person and it will permit the
|
14 |
| auction liquor licensee to hold the auction anywhere in the |
15 |
| State. An auction
liquor license must be obtained for each |
16 |
| auction at least 14 days in advance of
the auction date.
|
17 |
| (q) A special use permit license shall allow an Illinois |
18 |
| licensed
retailer to transfer a portion of its alcoholic liquor |
19 |
| inventory from its
retail licensed premises to the premises |
20 |
| specified in the license hereby
created, and to sell or offer |
21 |
| for sale at retail, only in the premises
specified in the |
22 |
| license hereby created, the transferred alcoholic liquor for
|
23 |
| use or consumption, but not for resale in any form. A special |
24 |
| use permit
license may be granted for the following time |
25 |
| periods: one day or less; 2 or
more days to a maximum of 15 days |
26 |
| per location in any 12 month period. An
applicant for the |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| special use permit license must also submit with the
|
2 |
| application proof satisfactory to the State Commission that the |
3 |
| applicant will
provide dram shop liability insurance to the |
4 |
| maximum limits and have local
authority approval.
|
5 |
| (Source: P.A. 92-105, eff. 1-1-02; 92-378, eff. 8-16-01; |
6 |
| 92-651, eff. 7-11-02; 92-672, eff. 7-16-02; 93-923, eff. |
7 |
| 8-12-04; 93-1057, eff. 12-2-04; revised 12-6-04.)
|
8 |
| (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
|
9 |
| Sec. 6-30. Notwithstanding any other provision of this Act, |
10 |
| the
Illinois Gaming Board shall have exclusive authority to |
11 |
| establish the hours
for sale and consumption of alcoholic |
12 |
| liquor on board a riverboat during
riverboat gambling |
13 |
| excursions and in a casino conducted in accordance with the |
14 |
| Riverboat and Casino
Gambling Act.
|
15 |
| (Source: P.A. 87-826.)
|
16 |
| Section 952. The Smoke Free Illinois Act is amended by |
17 |
| changing Section 35 as follows: |
18 |
| (410 ILCS 82/35)
|
19 |
| Sec. 35. Exemptions.
|
20 |
| (a) Notwithstanding any other provision of this Act, |
21 |
| smoking is allowed in the following areas: |
22 |
| (1) Private residences or dwelling places, except when |
23 |
| used as a child care, adult day care, or healthcare |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| facility or any other home-based business open to the |
2 |
| public. |
3 |
| (2) Retail tobacco stores as defined in Section 10 of |
4 |
| this Act in operation prior to the effective date of this |
5 |
| amendatory Act of the 95th General Assembly. The retail |
6 |
| tobacco store shall annually file with the Department by |
7 |
| January 31st an affidavit stating the percentage of its |
8 |
| gross income during the prior calendar year that was |
9 |
| derived from the sale of loose tobacco, plants, or herbs |
10 |
| and cigars, cigarettes, pipes, or other smoking devices for |
11 |
| smoking tobacco and related smoking accessories. Any |
12 |
| retail tobacco store that begins operation after the |
13 |
| effective date of this amendatory Act may only qualify for |
14 |
| an exemption if located in a freestanding structure |
15 |
| occupied solely by the business and smoke from the business |
16 |
| does not migrate into an enclosed area where smoking is |
17 |
| prohibited. |
18 |
| (3) Private and semi-private rooms in nursing homes and |
19 |
| long-term care facilities that are occupied by one or more |
20 |
| persons, all of whom are smokers and have requested in |
21 |
| writing to be placed or to remain in a room where smoking |
22 |
| is permitted and the smoke shall not infiltrate other areas |
23 |
| of the nursing home. |
24 |
| (4) Hotel and motel sleeping rooms that are rented to |
25 |
| guests and are designated as smoking rooms, provided that |
26 |
| all smoking rooms on the same floor must be contiguous and |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| smoke from these rooms must not infiltrate into nonsmoking |
2 |
| rooms or other areas where smoking is prohibited. Not more |
3 |
| than 25% of the rooms rented to guests in a hotel or motel |
4 |
| may be designated as rooms where smoking is allowed. The |
5 |
| status of rooms as smoking or nonsmoking may not be |
6 |
| changed, except to permanently add additional nonsmoking |
7 |
| rooms.
|
8 |
| (b) Notwithstanding any other provision of this Act, any |
9 |
| riverboat owners licensee conducting gambling operations |
10 |
| pursuant to the Riverboat and Casino Gambling Act within 5 |
11 |
| miles of the border of a state allowing (1) similar facilities |
12 |
| for conducting gambling games and (2) smoking in such |
13 |
| facilities may permit smoking on such riverboat subject to the |
14 |
| following conditions: |
15 |
| (A) smoking shall only be allowed in an enclosed room |
16 |
| where riverboat patrons engage in gambling; |
17 |
| (B) the room is clearly marked as a permissible smoking |
18 |
| area; |
19 |
| (C) the room is separate and apart from the rest of the |
20 |
| gambling facility where smoking is not permitted and |
21 |
| gambling is conducted; and |
22 |
| (D) the room is no larger than 25% of the total area |
23 |
| where gambling is conducted. |
24 |
| This subsection (b) shall no longer apply 5 years after the |
25 |
| effective date of this amendatory Act of the 95th General |
26 |
| Assembly.
|
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| (Source: P.A. 95-17, eff. 1-1-08.) |
2 |
| Section 955. The Criminal Code of 1961 is amended by |
3 |
| changing Sections 28-1, 28-1.1, 28-3,
28-5 and 28-7 as follows:
|
4 |
| (720 ILCS 5/28-1)
(from Ch. 38, par. 28-1)
|
5 |
| Sec. 28-1. Gambling.
|
6 |
| (a) A person commits gambling when he:
|
7 |
| (1) Plays a game of chance or skill for money or other |
8 |
| thing of
value, unless excepted in subsection (b) of this |
9 |
| Section; or
|
10 |
| (2) Makes a wager upon the result of any game, contest, |
11 |
| or any
political nomination, appointment or election; or
|
12 |
| (3) Operates, keeps, owns, uses, purchases, exhibits, |
13 |
| rents, sells,
bargains for the sale or lease of, |
14 |
| manufactures or distributes any
gambling device; or
|
15 |
| (4) Contracts to have or give himself or another the |
16 |
| option to buy
or sell, or contracts to buy or sell, at a |
17 |
| future time, any grain or
other commodity whatsoever, or |
18 |
| any stock or security of any company,
where it is at the |
19 |
| time of making such contract intended by both parties
|
20 |
| thereto that the contract to buy or sell, or the option, |
21 |
| whenever
exercised, or the contract resulting therefrom, |
22 |
| shall be settled, not by
the receipt or delivery of such |
23 |
| property, but by the payment only of
differences in prices |
24 |
| thereof; however, the issuance, purchase, sale,
exercise, |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| endorsement or guarantee, by or through a person registered
|
2 |
| with the Secretary of State pursuant to Section 8 of the |
3 |
| Illinois
Securities Law of 1953, or by or through a person |
4 |
| exempt from such
registration under said Section 8, of a |
5 |
| put, call, or other option to
buy or sell securities which |
6 |
| have been registered with the Secretary of
State or which |
7 |
| are exempt from such registration under Section 3 of the
|
8 |
| Illinois Securities Law of 1953 is not gambling within the |
9 |
| meaning of
this paragraph (4); or
|
10 |
| (5) Knowingly owns or possesses any book, instrument or |
11 |
| apparatus by
means of which bets or wagers have been, or |
12 |
| are, recorded or registered,
or knowingly possesses any |
13 |
| money which he has received in the course of
a bet or |
14 |
| wager; or
|
15 |
| (6) Sells pools upon the result of any game or contest |
16 |
| of skill or
chance, political nomination, appointment or |
17 |
| election; or
|
18 |
| (7) Sets up or promotes any lottery or sells, offers to |
19 |
| sell or
transfers any ticket or share for any lottery; or
|
20 |
| (8) Sets up or promotes any policy game or sells, |
21 |
| offers to sell or
knowingly possesses or transfers any |
22 |
| policy ticket, slip, record,
document or other similar |
23 |
| device; or
|
24 |
| (9) Knowingly drafts, prints or publishes any lottery |
25 |
| ticket or share,
or any policy ticket, slip, record, |
26 |
| document or similar device, except for
such activity |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| related to lotteries, bingo games and raffles authorized by
|
2 |
| and conducted in accordance with the laws of Illinois or |
3 |
| any other state or
foreign government; or
|
4 |
| (10) Knowingly advertises any lottery or policy game, |
5 |
| except for such
activity related to lotteries, bingo games |
6 |
| and raffles authorized by and
conducted in accordance with |
7 |
| the laws of Illinois or any other state; or
|
8 |
| (11) Knowingly transmits information as to wagers, |
9 |
| betting odds, or
changes in betting odds by telephone, |
10 |
| telegraph, radio, semaphore or
similar means; or knowingly |
11 |
| installs or maintains equipment for the
transmission or |
12 |
| receipt of such information; except that nothing in this
|
13 |
| subdivision (11) prohibits transmission or receipt of such |
14 |
| information
for use in news reporting of sporting events or |
15 |
| contests; or
|
16 |
| (12) Knowingly establishes, maintains, or operates an |
17 |
| Internet site that
permits a person to play a game of
|
18 |
| chance or skill for money or other thing of value by means |
19 |
| of the Internet or
to make a wager upon the
result of any |
20 |
| game, contest, political nomination, appointment, or
|
21 |
| election by means of the Internet.
|
22 |
| (b) Participants in any of the following activities shall |
23 |
| not be
convicted of gambling therefor:
|
24 |
| (1) Agreements to compensate for loss caused by the |
25 |
| happening of
chance including without limitation contracts |
26 |
| of indemnity or guaranty
and life or health or accident |
|
|
|
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|
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| insurance;
|
2 |
| (2) Offers of prizes, award or compensation to the |
3 |
| actual
contestants in any bona fide contest for the |
4 |
| determination of skill,
speed, strength or endurance or to |
5 |
| the owners of animals or vehicles
entered in such contest;
|
6 |
| (3) Pari-mutuel betting as authorized by the law of |
7 |
| this State;
|
8 |
| (4) Manufacture of gambling devices, including the |
9 |
| acquisition of
essential parts therefor and the assembly |
10 |
| thereof, for transportation in
interstate or foreign |
11 |
| commerce to any place outside this State when such
|
12 |
| transportation is not prohibited by any applicable Federal |
13 |
| law;
|
14 |
| (5) The game commonly known as "bingo", when conducted |
15 |
| in accordance
with the Bingo License and Tax Act;
|
16 |
| (6) Lotteries when conducted by the State of Illinois |
17 |
| in accordance
with the Illinois Lottery Law;
|
18 |
| (7) Possession of an antique slot machine that is |
19 |
| neither used nor
intended to be used in the operation or |
20 |
| promotion of any unlawful
gambling activity or enterprise. |
21 |
| For the purpose of this subparagraph
(b)(7), an antique |
22 |
| slot machine is one manufactured 25 years ago or earlier;
|
23 |
| (8) Raffles when conducted in accordance with the |
24 |
| Raffles Act;
|
25 |
| (9) Charitable games when conducted in accordance with |
26 |
| the Charitable
Games Act;
|
|
|
|
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| (10) Pull tabs and jar games when conducted under the |
2 |
| Illinois Pull
Tabs and Jar Games Act; or
|
3 |
| (11) Gambling games conducted on riverboats when
|
4 |
| authorized by the Riverboat and Casino Gambling Act.
|
5 |
| (c) Sentence.
|
6 |
| Gambling under subsection (a)(1) or (a)(2) of this Section |
7 |
| is a
Class A misdemeanor. Gambling under any of subsections |
8 |
| (a)(3) through
(a)(11) of this Section is a Class A |
9 |
| misdemeanor. A second or
subsequent conviction under any of |
10 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. |
11 |
| Gambling under subsection (a)(12) of this Section is a
Class A
|
12 |
| misdemeanor. A second or subsequent conviction under |
13 |
| subsection (a)(12) is a
Class 4 felony.
|
14 |
| (d) Circumstantial evidence.
|
15 |
| In prosecutions under subsection (a)(1) through (a)(12) of
|
16 |
| this
Section circumstantial evidence shall have the same |
17 |
| validity and weight as
in any criminal prosecution.
|
18 |
| (Source: P.A. 91-257, eff. 1-1-00.)
|
19 |
| (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
|
20 |
| Sec. 28-1.1. Syndicated gambling.
|
21 |
| (a) Declaration of Purpose. Recognizing the close |
22 |
| relationship between
professional gambling and other organized |
23 |
| crime, it is declared to be the
policy of the legislature to |
24 |
| restrain persons from engaging in the business
of gambling for |
25 |
| profit in this State. This Section shall be liberally
construed |
|
|
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| and administered with a view to carrying out this policy.
|
2 |
| (b) A person commits syndicated gambling when he operates a |
3 |
| "policy
game" or engages in the business of bookmaking.
|
4 |
| (c) A person "operates a policy game" when he knowingly |
5 |
| uses any
premises or property for the purpose of receiving or |
6 |
| knowingly does
receive from what is commonly called "policy":
|
7 |
| (1) money from a person other than the better or player |
8 |
| whose
bets or plays are represented by such money; or
|
9 |
| (2) written "policy game" records, made or used over |
10 |
| any
period of time, from a person other than the better or |
11 |
| player whose bets
or plays are represented by such written |
12 |
| record.
|
13 |
| (d) A person engages in bookmaking when he receives or |
14 |
| accepts more
than five bets or wagers upon the result of any |
15 |
| trials or contests of
skill, speed or power of endurance or |
16 |
| upon any lot, chance, casualty,
unknown or contingent event |
17 |
| whatsoever, which bets or wagers shall be of
such size that the |
18 |
| total of the amounts of money paid or promised to be
paid to |
19 |
| such bookmaker on account thereof shall exceed $2,000.
|
20 |
| Bookmaking is the receiving or accepting of such bets or wagers
|
21 |
| regardless of the form or manner in which the bookmaker records |
22 |
| them.
|
23 |
| (e) Participants in any of the following activities shall |
24 |
| not be
convicted of syndicated gambling:
|
25 |
| (1) Agreements to compensate for loss caused by the |
26 |
| happening
of chance including without limitation contracts |
|
|
|
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|
1 |
| of indemnity or
guaranty and life or health or accident |
2 |
| insurance; and
|
3 |
| (2) Offers of prizes, award or compensation to the |
4 |
| actual
contestants in any bona fide contest for the |
5 |
| determination of skill,
speed, strength or endurance or to |
6 |
| the owners of animals or vehicles
entered in such contest; |
7 |
| and
|
8 |
| (3) Pari-mutuel betting as authorized by law of this |
9 |
| State;
and
|
10 |
| (4) Manufacture of gambling devices, including the |
11 |
| acquisition
of essential parts therefor and the assembly |
12 |
| thereof, for transportation
in interstate or foreign |
13 |
| commerce to any place outside this State when
such |
14 |
| transportation is not prohibited by any applicable Federal |
15 |
| law; and
|
16 |
| (5) Raffles when conducted in accordance with the |
17 |
| Raffles Act; and
|
18 |
| (6) Gambling games conducted on riverboats or in |
19 |
| casinos when
authorized by the Riverboat and Casino
|
20 |
| Gambling Act.
|
21 |
| (f) Sentence. Syndicated gambling is a Class 3 felony.
|
22 |
| (Source: P.A. 86-1029; 87-435.)
|
23 |
| (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
|
24 |
| Sec. 28-3. Keeping a Gambling Place. A "gambling place" is |
25 |
| any real
estate, vehicle, boat or any other property whatsoever |
|
|
|
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|
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| used for the
purposes of gambling other than gambling conducted |
2 |
| in the manner authorized
by the Riverboat and Casino Gambling |
3 |
| Act. Any person who knowingly permits any premises
or property |
4 |
| owned or occupied by him or under his control to be used as a
|
5 |
| gambling place commits a Class A misdemeanor. Each subsequent |
6 |
| offense is a
Class 4 felony. When any premises is determined by |
7 |
| the circuit court to be
a gambling place:
|
8 |
| (a) Such premises is a public nuisance and may be proceeded |
9 |
| against as such, and
|
10 |
| (b) All licenses, permits or certificates issued by the |
11 |
| State of
Illinois or any subdivision or public agency thereof |
12 |
| authorizing the
serving of food or liquor on such premises |
13 |
| shall be void; and no license,
permit or certificate so |
14 |
| cancelled shall be reissued for such premises for
a period of |
15 |
| 60 days thereafter; nor shall any person convicted of keeping a
|
16 |
| gambling place be reissued such license
for one year from his |
17 |
| conviction and, after a second conviction of keeping
a gambling |
18 |
| place, any such person shall not be reissued such license, and
|
19 |
| (c) Such premises of any person who knowingly permits |
20 |
| thereon a
violation of any Section of this Article shall be |
21 |
| held liable for, and may
be sold to pay any unsatisfied |
22 |
| judgment that may be recovered and any
unsatisfied fine that |
23 |
| may be levied under any Section of this Article.
|
24 |
| (Source: P.A. 86-1029.)
|
25 |
| (720 ILCS 5/28-5)
(from Ch. 38, par. 28-5)
|
|
|
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| Sec. 28-5. Seizure of gambling devices and gambling funds.
|
2 |
| (a) Every device designed for gambling which is incapable |
3 |
| of lawful use
or every device used unlawfully for gambling |
4 |
| shall be considered a
"gambling device", and shall be subject |
5 |
| to seizure, confiscation and
destruction by the Department of |
6 |
| State Police or by any municipal, or other
local authority, |
7 |
| within whose jurisdiction the same may be found. As used
in |
8 |
| this Section, a "gambling device" includes any slot machine, |
9 |
| and
includes any machine or device constructed for the |
10 |
| reception of money or
other thing of value and so constructed |
11 |
| as to return, or to cause someone
to return, on chance to the |
12 |
| player thereof money, property or a right to
receive money or |
13 |
| property. With the exception of any device designed for
|
14 |
| gambling which is incapable of lawful use, no gambling device |
15 |
| shall be
forfeited or destroyed unless an individual with a |
16 |
| property interest in
said device knows of the unlawful use of |
17 |
| the device.
|
18 |
| (b) Every gambling device shall be seized and forfeited to |
19 |
| the county
wherein such seizure occurs. Any money or other |
20 |
| thing of value integrally
related to acts of gambling shall be |
21 |
| seized and forfeited to the county
wherein such seizure occurs.
|
22 |
| (c) If, within 60 days after any seizure pursuant to |
23 |
| subparagraph
(b) of this Section, a person having any property |
24 |
| interest in the seized
property is charged with an offense, the |
25 |
| court which renders judgment
upon such charge shall, within 30 |
26 |
| days after such judgment, conduct a
forfeiture hearing to |
|
|
|
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|
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| determine whether such property was a gambling device
at the |
2 |
| time of seizure. Such hearing shall be commenced by a written
|
3 |
| petition by the State, including material allegations of fact, |
4 |
| the name
and address of every person determined by the State to |
5 |
| have any property
interest in the seized property, a |
6 |
| representation that written notice of
the date, time and place |
7 |
| of such hearing has been mailed to every such
person by |
8 |
| certified mail at least 10 days before such date, and a
request |
9 |
| for forfeiture. Every such person may appear as a party and
|
10 |
| present evidence at such hearing. The quantum of proof required |
11 |
| shall
be a preponderance of the evidence, and the burden of |
12 |
| proof shall be on
the State. If the court determines that the |
13 |
| seized property was
a gambling device at the time of seizure, |
14 |
| an order of forfeiture and
disposition of the seized property |
15 |
| shall be entered: a gambling device
shall be received by the |
16 |
| State's Attorney, who shall effect its
destruction, except that |
17 |
| valuable parts thereof may be liquidated and
the resultant |
18 |
| money shall be deposited in the general fund of the county
|
19 |
| wherein such seizure occurred; money and other things of value |
20 |
| shall be
received by the State's Attorney and, upon |
21 |
| liquidation, shall be
deposited in the general fund of the |
22 |
| county wherein such seizure
occurred. However, in the event |
23 |
| that a defendant raises the defense
that the seized slot |
24 |
| machine is an antique slot machine described in
subparagraph |
25 |
| (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
26 |
| from the charge of a gambling activity participant, the seized
|
|
|
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|
1 |
| antique slot machine shall not be destroyed or otherwise |
2 |
| altered until a
final determination is made by the Court as to |
3 |
| whether it is such an
antique slot machine. Upon a final |
4 |
| determination by the Court of this
question in favor of the |
5 |
| defendant, such slot machine shall be
immediately returned to |
6 |
| the defendant. Such order of forfeiture and
disposition shall, |
7 |
| for the purposes of appeal, be a final order and
judgment in a |
8 |
| civil proceeding.
|
9 |
| (d) If a seizure pursuant to subparagraph (b) of this |
10 |
| Section is not
followed by a charge pursuant to subparagraph |
11 |
| (c) of this Section, or if
the prosecution of such charge is |
12 |
| permanently terminated or indefinitely
discontinued without |
13 |
| any judgment of conviction or acquittal (1) the
State's |
14 |
| Attorney shall commence an in rem proceeding for the forfeiture
|
15 |
| and destruction of a gambling device, or for the forfeiture and |
16 |
| deposit
in the general fund of the county of any seized money |
17 |
| or other things of
value, or both, in the circuit court and (2) |
18 |
| any person having any
property interest in such seized gambling |
19 |
| device, money or other thing
of value may commence separate |
20 |
| civil proceedings in the manner provided
by law.
|
21 |
| (e) Any gambling device displayed for sale to a riverboat |
22 |
| gambling
operation or a casino gambling operation or used to |
23 |
| train occupational licensees of a riverboat gambling
operation |
24 |
| or a casino gambling operation, as authorized under the |
25 |
| Riverboat and Casino Gambling Act , is exempt from
seizure under |
26 |
| this Section.
|
|
|
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|
1 |
| (f) Any gambling equipment, devices and supplies provided |
2 |
| by a licensed
supplier in accordance with the Riverboat and |
3 |
| Casino Gambling Act which are removed
from a
the riverboat or |
4 |
| casino for repair are
exempt from seizure under this Section.
|
5 |
| (Source: P.A. 87-826.)
|
6 |
| (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
|
7 |
| Sec. 28-7. Gambling contracts void.
|
8 |
| (a) All promises, notes, bills, bonds, covenants, |
9 |
| contracts, agreements,
judgments, mortgages, or other |
10 |
| securities or conveyances made, given,
granted, drawn, or |
11 |
| entered into, or executed by any person whatsoever,
where the |
12 |
| whole or any part of the consideration thereof is for any
money |
13 |
| or thing of value, won or obtained in violation of any Section |
14 |
| of
this Article are null and void.
|
15 |
| (b) Any obligation void under this Section may be set aside |
16 |
| and vacated
by any court of competent jurisdiction, upon a |
17 |
| complaint filed for that
purpose, by the person so granting, |
18 |
| giving, entering into, or executing the
same, or by his |
19 |
| executors or administrators, or by any creditor, heir,
legatee, |
20 |
| purchaser or other person interested therein; or if a judgment,
|
21 |
| the same may be set aside on motion of any person stated above, |
22 |
| on due
notice thereof given.
|
23 |
| (c) No assignment of any obligation void under this Section |
24 |
| may in any
manner affect the defense of the person giving, |
25 |
| granting, drawing, entering
into or executing such obligation, |
|
|
|
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|
1 |
| or the remedies of any person interested
therein.
|
2 |
| (d) This Section shall not prevent a licensed owner of a |
3 |
| riverboat
gambling operation or a casino gambling operation
|
4 |
| from instituting a cause of
action to collect any amount due |
5 |
| and owing under an extension of credit to a
riverboat gambling |
6 |
| patron as authorized under Section 11.1 of the
Riverboat and |
7 |
| Casino Gambling Act.
|
8 |
| (Source: P.A. 87-826.)
|
9 |
| Section 960. The Eminent Domain Act is amended by adding |
10 |
| Section 15-5-45 as follows: |
11 |
| (735 ILCS 30/15-5-45 new)
|
12 |
| Sec. 15-5-45. Eminent domain powers in New Acts. The |
13 |
| following provisions of law may include express grants of the |
14 |
| power to acquire property by condemnation or eminent domain: |
15 |
| Chicago Casino Development Authority Act; Chicago Casino |
16 |
| Development Authority; for the purposes of the Act.
|
17 |
| Section 965. The Travel Promotion Consumer Protection Act |
18 |
| is amended by changing Section 2 as follows:
|
19 |
| (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
|
20 |
| Sec. 2. Definitions.
|
21 |
| (a) "Travel promoter" means a person, including a tour |
|
|
|
09500HB2035sam008 |
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LRB095 08248 AMC 39516 a |
|
|
1 |
| operator, who sells,
provides, furnishes, contracts for, |
2 |
| arranges or advertises that he or she will
arrange wholesale or |
3 |
| retail transportation by air, land, sea or navigable
stream, |
4 |
| either separately or in conjunction with other services. |
5 |
| "Travel
promoter" does not include (1) an air carrier; (2) a |
6 |
| sea carrier; (3) an
officially appointed agent of an air |
7 |
| carrier who is a member in good standing
of the Airline |
8 |
| Reporting Corporation; (4) a travel promoter who has in
force |
9 |
| $1,000,000 or more of liability insurance coverage for |
10 |
| professional
errors and omissions and a surety bond or |
11 |
| equivalent surety in the amount of
$100,000 or more for the |
12 |
| benefit of consumers in the event of a bankruptcy on
the part |
13 |
| of the travel promoter; or (5) a riverboat subject to |
14 |
| regulation under
the Riverboat and Casino Gambling Act.
|
15 |
| (b) "Advertise" means to make any representation in the |
16 |
| solicitation of
passengers and includes communication with |
17 |
| other members of the same
partnership, corporation, joint |
18 |
| venture, association, organization, group or
other entity.
|
19 |
| (c) "Passenger" means a person on whose behalf money or |
20 |
| other
consideration has been given or is to be given to |
21 |
| another, including
another member of the same partnership, |
22 |
| corporation, joint venture,
association, organization, group |
23 |
| or other entity, for travel.
|
24 |
| (d) "Ticket or voucher" means a writing or combination of |
25 |
| writings which
is itself good and sufficient to obtain
|
26 |
| transportation and other services for which the passenger has |
|
|
|
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|
1 |
| contracted.
|
2 |
| (Source: P.A. 91-357, eff. 7-29-99.)
|
3 |
| Section 970. The State Finance Act is amended by adding |
4 |
| Sections 5.676, 5.677, 5.678, and 6z-69 as follows:
|
5 |
| (30 ILCS 105/5.676 new)
|
6 |
| Sec. 5.676. The Racing Industry Workers' Fund.
|
7 |
| (30 ILCS 105/5.677 new)
|
8 |
| Sec. 5.677. The Depressed Communities Economic Development |
9 |
| Fund. |
10 |
| (30 ILCS 105/5.678 new)
|
11 |
| Sec. 5.678. The Capital Program Acceleration Fund. |
12 |
| (30 ILCS 105/6z-69 new)
|
13 |
| Sec. 6z-69. The Capital Program Acceleration Fund. The |
14 |
| Capital Program Acceleration Fund is created as a special fund |
15 |
| in the State treasury. Subject to appropriation, moneys in the |
16 |
| Capital Program Acceleration Fund shall be used solely for the |
17 |
| purpose of capital-related expenditures. |
18 |
| Moneys received for the purposes of this Section must be |
19 |
| deposited into the Fund. Any interest earned on moneys in the |
20 |
| Fund must be deposited into the Fund.
|
|
|
|
09500HB2035sam008 |
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|
|
1 |
| (30 ILCS 105/5.490 rep.)
|
2 |
| Section 975. The State Finance Act is amended by repealing |
3 |
| Section 5.490.
|
4 |
| (230 ILCS 5/31.1 rep.)
|
5 |
| (230 ILCS 5/54 rep.)
|
6 |
| Section 980. The Illinois Horse Racing Act of 1975 is |
7 |
| amended by repealing Sections 31.1 and 54. |
8 |
| Section 997. Inseverability. The amendatory provisions of |
9 |
| this Act are mutually dependent and inseverable. If any |
10 |
| amendatory provision is held invalid other than as applied to a |
11 |
| particular person or circumstance, then all of the amendatory |
12 |
| provisions of this Act are invalid.
|
13 |
| Section 999. Effective date. This Act takes effect upon |
14 |
| becoming law.".
|