Executive Committee
Filed: 3/19/2009
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1 | AMENDMENT TO HOUSE BILL 261
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2 | AMENDMENT NO. ______. Amend House Bill 261 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Executive Reorganization Implementation | ||||||
5 | Act is amended by changing Section 3.1 as follows:
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6 | (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
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7 | Sec. 3.1. "Agency directly responsible to the Governor" or | ||||||
8 | "agency" means
any office, officer, division, or part thereof,
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9 | and any other office, nonelective officer, department, | ||||||
10 | division, bureau,
board, or commission in the executive branch | ||||||
11 | of State government,
except that it does not apply to any | ||||||
12 | agency whose primary function is service
to the General | ||||||
13 | Assembly or the Judicial Branch of State government, or to
any | ||||||
14 | agency administered by the Attorney General, Secretary of | ||||||
15 | State, State
Comptroller or State Treasurer. In addition the | ||||||
16 | term does not apply to
the following agencies created by law |
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1 | with the primary responsibility of
exercising regulatory
or | ||||||
2 | adjudicatory functions independently of the Governor:
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3 | (1) the State Board of Elections;
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4 | (2) the State Board of Education;
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5 | (3) the Illinois Commerce Commission;
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6 | (4) the Illinois Workers' Compensation
Commission;
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7 | (5) the Civil Service Commission;
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8 | (6) the Fair Employment Practices Commission;
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9 | (7) the Pollution Control Board;
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10 | (8) the Department of State Police Merit Board ; | ||||||
11 | (9) The Illinois Gaming Board .
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12 | (Source: P.A. 93-721, eff. 1-1-05.)
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13 | Section 10. The Department of Revenue Law of the
Civil | ||||||
14 | Administrative Code of Illinois is amended by changing Section | ||||||
15 | 2505-305 as follows:
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16 | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
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17 | Sec. 2505-305. Investigators.
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18 | (a) The Department has the power to
appoint investigators | ||||||
19 | to conduct all investigations,
searches, seizures, arrests, | ||||||
20 | and other duties imposed under the provisions
of any law | ||||||
21 | administered by the Department
or the Illinois Gaming Board .
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22 | Except as provided in subsection (c), these investigators have
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23 | and
may exercise all the powers of peace officers solely for | ||||||
24 | the purpose of
enforcing taxing measures administered by the |
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1 | Department
or the Illinois Gaming Board .
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2 | (b) The Director must authorize to each investigator | ||||||
3 | employed under this
Section and
to any other employee of the | ||||||
4 | Department exercising the powers of a peace
officer a
distinct | ||||||
5 | badge that, on its face, (i) clearly states that the badge is
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6 | authorized
by the
Department and (ii)
contains a unique | ||||||
7 | identifying number.
No other badge shall be authorized by
the | ||||||
8 | Department.
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9 | (c) The Department may enter into agreements with the | ||||||
10 | Illinois Gaming Board providing that investigators appointed | ||||||
11 | under this Section shall exercise the peace officer powers set | ||||||
12 | forth in paragraph (20.6) of subsection (c) of Section 5 of the | ||||||
13 | Riverboat Gambling Act.
Investigators appointed under this | ||||||
14 | Section who are assigned to the
Illinois Gaming Board have and | ||||||
15 | may exercise all
the rights and powers
of peace officers,
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16 | provided that these powers shall be limited to offenses or | ||||||
17 | violations occurring
or committed on a riverboat or dock, as | ||||||
18 | defined in subsections (d) and (f) of
Section 4 of the | ||||||
19 | Riverboat
Gambling Act.
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20 | (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, | ||||||
21 | eff. 1-1-02.)
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22 | Section 15. The State Finance Act is amended by adding | ||||||
23 | Section 5.719 as follows: | ||||||
24 | (30 ILCS 105/5.719 new) |
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1 | Sec. 5.719. The Gaming Administration and Enforcement | ||||||
2 | Fund. | ||||||
3 | Section 20. The Illinois Pension Code is amended by | ||||||
4 | changing Sections 14-110, 14-152.1, 18-127, and 18-169 as | ||||||
5 | follows:
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6 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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7 | Sec. 14-110. Alternative retirement annuity.
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8 | (a) Any member who has withdrawn from service with not less | ||||||
9 | than 20
years of eligible creditable service and has attained | ||||||
10 | age 55, and any
member who has withdrawn from service with not | ||||||
11 | less than 25 years of
eligible creditable service and has | ||||||
12 | attained age 50, regardless of whether
the attainment of either | ||||||
13 | of the specified ages occurs while the member is
still in | ||||||
14 | service, shall be entitled to receive at the option of the | ||||||
15 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
16 | retirement annuity
computed as follows:
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17 | (i) for periods of service as a noncovered employee:
if | ||||||
18 | retirement occurs on or after January 1, 2001, 3% of final
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19 | average compensation for each year of creditable service; | ||||||
20 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
21 | final average compensation for each of the
first 10 years | ||||||
22 | of creditable service, 2 1/2% for each year above 10 years | ||||||
23 | to
and including 20 years of creditable service, and 2 3/4% | ||||||
24 | for each year of
creditable service above 20 years; and
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1 | (ii) for periods of eligible creditable service as a | ||||||
2 | covered employee:
if retirement occurs on or after January | ||||||
3 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
4 | of creditable service; if retirement occurs before
January | ||||||
5 | 1, 2001, 1.67% of final average compensation for each of | ||||||
6 | the first
10 years of such service, 1.90% for each of the | ||||||
7 | next 10 years of such service,
2.10% for each year of such | ||||||
8 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
9 | each year in excess of 30.
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10 | Such annuity shall be subject to a maximum of 75% of final | ||||||
11 | average
compensation if retirement occurs before January 1, | ||||||
12 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
13 | retirement occurs on or after January
1, 2001.
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14 | These rates shall not be applicable to any service | ||||||
15 | performed
by a member as a covered employee which is not | ||||||
16 | eligible creditable service.
Service as a covered employee | ||||||
17 | which is not eligible creditable service
shall be subject to | ||||||
18 | the rates and provisions of Section 14-108.
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19 | (b) For the purpose of this Section, "eligible creditable | ||||||
20 | service" means
creditable service resulting from service in one | ||||||
21 | or more of the following
positions:
| ||||||
22 | (1) State policeman;
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23 | (2) fire fighter in the fire protection service of a | ||||||
24 | department;
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25 | (3) air pilot;
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26 | (4) special agent;
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1 | (5) investigator for the Secretary of State;
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2 | (6) conservation police officer;
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3 | (7) investigator for the Department of Revenue or the | ||||||
4 | Illinois Gaming Board ;
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5 | (8) security employee of the Department of Human | ||||||
6 | Services;
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7 | (9) Central Management Services security police | ||||||
8 | officer;
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9 | (10) security employee of the Department of | ||||||
10 | Corrections or the Department of Juvenile Justice;
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11 | (11) dangerous drugs investigator;
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12 | (12) investigator for the Department of State Police;
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13 | (13) investigator for the Office of the Attorney | ||||||
14 | General;
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15 | (14) controlled substance inspector;
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16 | (15) investigator for the Office of the State's | ||||||
17 | Attorneys Appellate
Prosecutor;
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18 | (16) Commerce Commission police officer;
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19 | (17) arson investigator;
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20 | (18) State highway maintenance worker.
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21 | A person employed in one of the positions specified in this | ||||||
22 | subsection is
entitled to eligible creditable service for | ||||||
23 | service credit earned under this
Article while undergoing the | ||||||
24 | basic police training course approved by the
Illinois Law | ||||||
25 | Enforcement Training
Standards Board, if
completion of that | ||||||
26 | training is required of persons serving in that position.
For |
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1 | the purposes of this Code, service during the required basic | ||||||
2 | police
training course shall be deemed performance of the | ||||||
3 | duties of the specified
position, even though the person is not | ||||||
4 | a sworn peace officer at the time of
the training.
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5 | (c) For the purposes of this Section:
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6 | (1) The term "state policeman" includes any title or | ||||||
7 | position
in the Department of State Police that is held by | ||||||
8 | an individual employed
under the State Police Act.
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9 | (2) The term "fire fighter in the fire protection | ||||||
10 | service of a
department" includes all officers in such fire | ||||||
11 | protection service
including fire chiefs and assistant | ||||||
12 | fire chiefs.
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13 | (3) The term "air pilot" includes any employee whose | ||||||
14 | official job
description on file in the Department of | ||||||
15 | Central Management Services, or
in the department by which | ||||||
16 | he is employed if that department is not covered
by the | ||||||
17 | Personnel Code, states that his principal duty is the | ||||||
18 | operation of
aircraft, and who possesses a pilot's license; | ||||||
19 | however, the change in this
definition made by this | ||||||
20 | amendatory Act of 1983 shall not operate to exclude
any | ||||||
21 | noncovered employee who was an "air pilot" for the purposes | ||||||
22 | of this
Section on January 1, 1984.
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23 | (4) The term "special agent" means any person who by | ||||||
24 | reason of
employment by the Division of Narcotic Control, | ||||||
25 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
26 | Division of Criminal Investigation, the
Division of |
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1 | Internal Investigation, the Division of Operations, or any
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2 | other Division or organizational
entity in the Department | ||||||
3 | of State Police is vested by law with duties to
maintain | ||||||
4 | public order, investigate violations of the criminal law of | ||||||
5 | this
State, enforce the laws of this State, make arrests | ||||||
6 | and recover property.
The term "special agent" includes any | ||||||
7 | title or position in the Department
of State Police that is | ||||||
8 | held by an individual employed under the State
Police Act.
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9 | (5) The term "investigator for the Secretary of State" | ||||||
10 | means any person
employed by the Office of the Secretary of | ||||||
11 | State and vested with such
investigative duties as render | ||||||
12 | him ineligible for coverage under the Social
Security Act | ||||||
13 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
14 | 218(l)(1)
of that Act.
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15 | A person who became employed as an investigator for the | ||||||
16 | Secretary of
State between January 1, 1967 and December 31, | ||||||
17 | 1975, and who has served as
such until attainment of age | ||||||
18 | 60, either continuously or with a single break
in service | ||||||
19 | of not more than 3 years duration, which break terminated | ||||||
20 | before
January 1, 1976, shall be entitled to have his | ||||||
21 | retirement annuity
calculated in accordance with | ||||||
22 | subsection (a), notwithstanding
that he has less than 20 | ||||||
23 | years of credit for such service.
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24 | (6) The term "Conservation Police Officer" means any | ||||||
25 | person employed
by the Division of Law Enforcement of the | ||||||
26 | Department of Natural Resources and
vested with such law |
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1 | enforcement duties as render him ineligible for coverage
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2 | under the Social Security Act by reason of Sections | ||||||
3 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
4 | term "Conservation Police Officer" includes
the positions | ||||||
5 | of Chief Conservation Police Administrator and Assistant
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6 | Conservation Police Administrator.
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7 | (7) The term "investigator for the Department of | ||||||
8 | Revenue" means any
person employed by the Department of | ||||||
9 | Revenue and vested with such
investigative duties as render | ||||||
10 | him ineligible for coverage under the Social
Security Act | ||||||
11 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
12 | 218(l)(1)
of that Act.
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13 | The term "investigator for the Illinois Gaming Board" | ||||||
14 | means any
person employed as such by the Illinois Gaming | ||||||
15 | Board and vested with such
peace officer duties as render | ||||||
16 | the person ineligible for coverage under the Social
| ||||||
17 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
18 | 218(d)(8)(D), and 218(l)(1)
of that Act.
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19 | (8) The term "security employee of the Department of | ||||||
20 | Human Services"
means any person employed by the Department | ||||||
21 | of Human Services who (i) is
employed at the Chester Mental | ||||||
22 | Health Center and has daily contact with the
residents | ||||||
23 | thereof, (ii) is employed within a security unit at a | ||||||
24 | facility
operated by the Department and has daily contact | ||||||
25 | with the residents of the
security unit, (iii) is employed | ||||||
26 | at a facility operated by the Department
that includes a |
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1 | security unit and is regularly scheduled to work at least
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2 | 50% of his or her working hours within that security unit, | ||||||
3 | or (iv) is a mental health police officer.
"Mental health | ||||||
4 | police officer" means any person employed by the Department | ||||||
5 | of
Human Services in a position pertaining to the | ||||||
6 | Department's mental health and
developmental disabilities | ||||||
7 | functions who is vested with such law enforcement
duties as | ||||||
8 | render the person ineligible for coverage under the Social | ||||||
9 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
10 | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||||||
11 | means that portion of a facility that is devoted to
the | ||||||
12 | care, containment, and treatment of persons committed to | ||||||
13 | the Department of
Human Services as sexually violent | ||||||
14 | persons, persons unfit to stand trial, or
persons not | ||||||
15 | guilty by reason of insanity. With respect to past | ||||||
16 | employment,
references to the Department of Human Services | ||||||
17 | include its predecessor, the
Department of Mental Health | ||||||
18 | and Developmental Disabilities.
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19 | The changes made to this subdivision (c)(8) by Public | ||||||
20 | Act 92-14 apply to persons who retire on or after January | ||||||
21 | 1,
2001, notwithstanding Section 1-103.1.
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22 | (9) "Central Management Services security police | ||||||
23 | officer" means any
person employed by the Department of | ||||||
24 | Central Management Services who is
vested with such law | ||||||
25 | enforcement duties as render him ineligible for
coverage | ||||||
26 | under the Social Security Act by reason of Sections |
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1 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
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2 | (10) For a member who first became an employee under | ||||||
3 | this Article before July 1, 2005, the term "security | ||||||
4 | employee of the Department of Corrections or the Department | ||||||
5 | of Juvenile Justice"
means any employee of the Department | ||||||
6 | of Corrections or the Department of Juvenile Justice or the | ||||||
7 | former
Department of Personnel, and any member or employee | ||||||
8 | of the Prisoner
Review Board, who has daily contact with | ||||||
9 | inmates or youth by working within a
correctional facility | ||||||
10 | or Juvenile facility operated by the Department of Juvenile | ||||||
11 | Justice or who is a parole officer or an employee who has
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12 | direct contact with committed persons in the performance of | ||||||
13 | his or her
job duties. For a member who first becomes an | ||||||
14 | employee under this Article on or after July 1, 2005, the | ||||||
15 | term means an employee of the Department of Corrections or | ||||||
16 | the Department of Juvenile Justice who is any of the | ||||||
17 | following: (i) officially headquartered at a correctional | ||||||
18 | facility or Juvenile facility operated by the Department of | ||||||
19 | Juvenile Justice, (ii) a parole officer, (iii) a member of | ||||||
20 | the apprehension unit, (iv) a member of the intelligence | ||||||
21 | unit, (v) a member of the sort team, or (vi) an | ||||||
22 | investigator.
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23 | (11) The term "dangerous drugs investigator" means any | ||||||
24 | person who is
employed as such by the Department of Human | ||||||
25 | Services.
| ||||||
26 | (12) The term "investigator for the Department of State |
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1 | Police" means
a person employed by the Department of State | ||||||
2 | Police who is vested under
Section 4 of the Narcotic | ||||||
3 | Control Division Abolition Act with such
law enforcement | ||||||
4 | powers as render him ineligible for coverage under the
| ||||||
5 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
6 | 218(d)(8)(D) and
218(l)(1) of that Act.
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7 | (13) "Investigator for the Office of the Attorney | ||||||
8 | General" means any
person who is employed as such by the | ||||||
9 | Office of the Attorney General and
is vested with such | ||||||
10 | investigative duties as render him ineligible for
coverage | ||||||
11 | under the Social Security Act by reason of Sections | ||||||
12 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
13 | the period before January 1,
1989, the term includes all | ||||||
14 | persons who were employed as investigators by the
Office of | ||||||
15 | the Attorney General, without regard to social security | ||||||
16 | status.
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17 | (14) "Controlled substance inspector" means any person | ||||||
18 | who is employed
as such by the Department of Professional | ||||||
19 | Regulation and is vested with such
law enforcement duties | ||||||
20 | as render him ineligible for coverage under the Social
| ||||||
21 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
22 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
23 | "controlled substance inspector" includes the Program
| ||||||
24 | Executive of Enforcement and the Assistant Program | ||||||
25 | Executive of Enforcement.
| ||||||
26 | (15) The term "investigator for the Office of the |
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| |||||||
1 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
2 | employed in that capacity on a full
time basis under the | ||||||
3 | authority of Section 7.06 of the State's Attorneys
| ||||||
4 | Appellate Prosecutor's Act.
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5 | (16) "Commerce Commission police officer" means any | ||||||
6 | person employed
by the Illinois Commerce Commission who is | ||||||
7 | vested with such law
enforcement duties as render him | ||||||
8 | ineligible for coverage under the Social
Security Act by | ||||||
9 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
10 | 218(l)(1) of that Act.
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11 | (17) "Arson investigator" means any person who is | ||||||
12 | employed as such by
the Office of the State Fire Marshal | ||||||
13 | and is vested with such law enforcement
duties as render | ||||||
14 | the person ineligible for coverage under the Social | ||||||
15 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
16 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
17 | employed as an arson
investigator on January 1, 1995 and is | ||||||
18 | no longer in service but not yet
receiving a retirement | ||||||
19 | annuity may convert his or her creditable service for
| ||||||
20 | employment as an arson investigator into eligible | ||||||
21 | creditable service by paying
to the System the difference | ||||||
22 | between the employee contributions actually paid
for that | ||||||
23 | service and the amounts that would have been contributed if | ||||||
24 | the
applicant were contributing at the rate applicable to | ||||||
25 | persons with the same
social security status earning | ||||||
26 | eligible creditable service on the date of
application.
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1 | (18) The term "State highway maintenance worker" means | ||||||
2 | a person who is
either of the following:
| ||||||
3 | (i) A person employed on a full-time basis by the | ||||||
4 | Illinois
Department of Transportation in the position | ||||||
5 | of
highway maintainer,
highway maintenance lead | ||||||
6 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
7 | construction equipment operator,
power shovel | ||||||
8 | operator, or
bridge mechanic; and
whose principal | ||||||
9 | responsibility is to perform, on the roadway, the | ||||||
10 | actual
maintenance necessary to keep the highways that | ||||||
11 | form a part of the State
highway system in serviceable | ||||||
12 | condition for vehicular traffic.
| ||||||
13 | (ii) A person employed on a full-time basis by the | ||||||
14 | Illinois
State Toll Highway Authority in the position | ||||||
15 | of
equipment operator/laborer H-4,
equipment | ||||||
16 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
17 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
18 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
19 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
20 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
21 | painter H-4, or
painter H-6; and
whose principal | ||||||
22 | responsibility is to perform, on the roadway, the | ||||||
23 | actual
maintenance necessary to keep the Authority's | ||||||
24 | tollways in serviceable condition
for vehicular | ||||||
25 | traffic.
| ||||||
26 | (d) A security employee of the Department of Corrections or |
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| |||||||
1 | the Department of Juvenile Justice, and a security
employee of | ||||||
2 | the Department of Human Services who is not a mental health | ||||||
3 | police
officer, shall not be eligible for the alternative | ||||||
4 | retirement annuity provided
by this Section unless he or she | ||||||
5 | meets the following minimum age and service
requirements at the | ||||||
6 | time of retirement:
| ||||||
7 | (i) 25 years of eligible creditable service and age 55; | ||||||
8 | or
| ||||||
9 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
10 | creditable service
and age 54, or 24 years of eligible | ||||||
11 | creditable service and age 55; or
| ||||||
12 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
13 | creditable service
and age 53, or 23 years of eligible | ||||||
14 | creditable service and age 55; or
| ||||||
15 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
16 | creditable service
and age 52, or 22 years of eligible | ||||||
17 | creditable service and age 55; or
| ||||||
18 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
19 | creditable service
and age 51, or 21 years of eligible | ||||||
20 | creditable service and age 55; or
| ||||||
21 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
22 | creditable service
and age 50, or 20 years of eligible | ||||||
23 | creditable service and age 55.
| ||||||
24 | Persons who have service credit under Article 16 of this | ||||||
25 | Code for service
as a security employee of the Department of | ||||||
26 | Corrections or the Department of Juvenile Justice, or the |
| |||||||
| |||||||
1 | Department
of Human Services in a position requiring | ||||||
2 | certification as a teacher may
count such service toward | ||||||
3 | establishing their eligibility under the service
requirements | ||||||
4 | of this Section; but such service may be used only for
| ||||||
5 | establishing such eligibility, and not for the purpose of | ||||||
6 | increasing or
calculating any benefit.
| ||||||
7 | (e) If a member enters military service while working in a | ||||||
8 | position in
which eligible creditable service may be earned, | ||||||
9 | and returns to State
service in the same or another such | ||||||
10 | position, and fulfills in all other
respects the conditions | ||||||
11 | prescribed in this Article for credit for military
service, | ||||||
12 | such military service shall be credited as eligible creditable
| ||||||
13 | service for the purposes of the retirement annuity prescribed | ||||||
14 | in this Section.
| ||||||
15 | (f) For purposes of calculating retirement annuities under | ||||||
16 | this
Section, periods of service rendered after December 31, | ||||||
17 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
18 | position of special agent,
conservation police officer, mental | ||||||
19 | health police officer, or investigator
for the Secretary of | ||||||
20 | State, shall be deemed to have been service as a
noncovered | ||||||
21 | employee, provided that the employee pays to the System prior | ||||||
22 | to
retirement an amount equal to (1) the difference between the | ||||||
23 | employee
contributions that would have been required for such | ||||||
24 | service as a
noncovered employee, and the amount of employee | ||||||
25 | contributions actually
paid, plus (2) if payment is made after | ||||||
26 | July 31, 1987, regular interest
on the amount specified in item |
| |||||||
| |||||||
1 | (1) from the date of service to the date
of payment.
| ||||||
2 | For purposes of calculating retirement annuities under | ||||||
3 | this Section,
periods of service rendered after December 31, | ||||||
4 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
5 | position of investigator for the
Department of Revenue shall be | ||||||
6 | deemed to have been service as a noncovered
employee, provided | ||||||
7 | that the employee pays to the System prior to retirement
an | ||||||
8 | amount equal to (1) the difference between the employee | ||||||
9 | contributions
that would have been required for such service as | ||||||
10 | a noncovered employee,
and the amount of employee contributions | ||||||
11 | actually paid, plus (2) if payment
is made after January 1, | ||||||
12 | 1990, regular interest on the amount specified in
item (1) from | ||||||
13 | the date of service to the date of payment.
| ||||||
14 | (g) A State policeman may elect, not later than January 1, | ||||||
15 | 1990, to
establish eligible creditable service for up to 10 | ||||||
16 | years of his service as
a policeman under Article 3, by filing | ||||||
17 | a written election with the Board,
accompanied by payment of an | ||||||
18 | amount to be determined by the Board, equal to
(i) the | ||||||
19 | difference between the amount of employee and employer
| ||||||
20 | contributions transferred to the System under Section 3-110.5, | ||||||
21 | and the
amounts that would have been contributed had such | ||||||
22 | contributions been made
at the rates applicable to State | ||||||
23 | policemen, plus (ii) interest thereon at
the effective rate for | ||||||
24 | each year, compounded annually, from the date of
service to the | ||||||
25 | date of payment.
| ||||||
26 | Subject to the limitation in subsection (i), a State |
| |||||||
| |||||||
1 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
2 | eligible creditable service for
up to 10 years of his service | ||||||
3 | as a member of the County Police Department
under Article 9, by | ||||||
4 | filing a written election with the Board, accompanied
by | ||||||
5 | payment of an amount to be determined by the Board, equal to | ||||||
6 | (i) the
difference between the amount of employee and employer | ||||||
7 | contributions
transferred to the System under Section 9-121.10 | ||||||
8 | and the amounts that would
have been contributed had those | ||||||
9 | contributions been made at the rates
applicable to State | ||||||
10 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
11 | each year, compounded annually, from the date of service to the
| ||||||
12 | date of payment.
| ||||||
13 | (h) Subject to the limitation in subsection (i), a State | ||||||
14 | policeman or
investigator for the Secretary of State may elect | ||||||
15 | to establish eligible
creditable service for up to 12 years of | ||||||
16 | his service as a policeman under
Article 5, by filing a written | ||||||
17 | election with the Board on or before January
31, 1992, and | ||||||
18 | paying to the System by January 31, 1994 an amount to be
| ||||||
19 | determined by the Board, equal to (i) the difference between | ||||||
20 | the amount of
employee and employer contributions transferred | ||||||
21 | to the System under Section
5-236, and the amounts that would | ||||||
22 | have been contributed had such
contributions been made at the | ||||||
23 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
24 | at the effective rate for each year, compounded
annually, from | ||||||
25 | the date of service to the date of payment.
| ||||||
26 | Subject to the limitation in subsection (i), a State |
| |||||||
| |||||||
1 | policeman,
conservation police officer, or investigator for | ||||||
2 | the Secretary of State may
elect to establish eligible | ||||||
3 | creditable service for up to 10 years of
service as a sheriff's | ||||||
4 | law enforcement employee under Article 7, by filing
a written | ||||||
5 | election with the Board on or before January 31, 1993, and | ||||||
6 | paying
to the System by January 31, 1994 an amount to be | ||||||
7 | determined by the Board,
equal to (i) the difference between | ||||||
8 | the amount of employee and
employer contributions transferred | ||||||
9 | to the System under Section
7-139.7, and the amounts that would | ||||||
10 | have been contributed had such
contributions been made at the | ||||||
11 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
12 | at the effective rate for each year, compounded
annually, from | ||||||
13 | the date of service to the date of payment.
| ||||||
14 | Subject to the limitation in subsection (i), a State | ||||||
15 | policeman,
conservation police officer, or investigator for | ||||||
16 | the Secretary of State may
elect to establish eligible | ||||||
17 | creditable service for up to 5 years of
service as a police | ||||||
18 | officer under Article 3, a policeman under Article 5, a | ||||||
19 | sheriff's law enforcement employee under Article 7, a member of | ||||||
20 | the county police department under Article 9, or a police | ||||||
21 | officer under Article 15 by filing
a written election with the | ||||||
22 | Board and paying
to the System an amount to be determined by | ||||||
23 | the Board,
equal to (i) the difference between the amount of | ||||||
24 | employee and
employer contributions transferred to the System | ||||||
25 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
26 | and the amounts that would have been contributed had such
|
| |||||||
| |||||||
1 | contributions been made at the rates applicable to State | ||||||
2 | policemen, plus
(ii) interest thereon at the effective rate for | ||||||
3 | each year, compounded
annually, from the date of service to the | ||||||
4 | date of payment. | ||||||
5 | (i) The total amount of eligible creditable service | ||||||
6 | established by any
person under subsections (g), (h), (j), (k), | ||||||
7 | and (l) of this
Section shall not exceed 12 years.
| ||||||
8 | (j) Subject to the limitation in subsection (i), an | ||||||
9 | investigator for
the Office of the State's Attorneys Appellate | ||||||
10 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
11 | establish eligible creditable service for up to 10 years of his | ||||||
12 | service as
a policeman under Article 3 or a sheriff's law | ||||||
13 | enforcement employee under
Article 7, by filing a written | ||||||
14 | election with the Board, accompanied by
payment of an amount to | ||||||
15 | be determined by the Board, equal to (1) the
difference between | ||||||
16 | the amount of employee and employer contributions
transferred | ||||||
17 | to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||||||
18 | that would have been contributed had such contributions been | ||||||
19 | made at the
rates applicable to State policemen, plus (2) | ||||||
20 | interest thereon at the
effective rate for each year, | ||||||
21 | compounded annually, from the date of service
to the date of | ||||||
22 | payment.
| ||||||
23 | (k) Subject to the limitation in subsection (i) of this | ||||||
24 | Section, an
alternative formula employee may elect to establish | ||||||
25 | eligible creditable
service for periods spent as a full-time | ||||||
26 | law enforcement officer or full-time
corrections officer |
| |||||||
| |||||||
1 | employed by the federal government or by a state or local
| ||||||
2 | government located outside of Illinois, for which credit is not | ||||||
3 | held in any
other public employee pension fund or retirement | ||||||
4 | system. To obtain this
credit, the applicant must file a | ||||||
5 | written application with the Board by March
31, 1998, | ||||||
6 | accompanied by evidence of eligibility acceptable to the Board | ||||||
7 | and
payment of an amount to be determined by the Board, equal | ||||||
8 | to (1) employee
contributions for the credit being established, | ||||||
9 | based upon the applicant's
salary on the first day as an | ||||||
10 | alternative formula employee after the employment
for which | ||||||
11 | credit is being established and the rates then applicable to
| ||||||
12 | alternative formula employees, plus (2) an amount determined by | ||||||
13 | the Board
to be the employer's normal cost of the benefits | ||||||
14 | accrued for the credit being
established, plus (3) regular | ||||||
15 | interest on the amounts in items (1) and (2) from
the first day | ||||||
16 | as an alternative formula employee after the employment for | ||||||
17 | which
credit is being established to the date of payment.
| ||||||
18 | (l) Subject to the limitation in subsection (i), a security | ||||||
19 | employee of
the Department of Corrections may elect, not later | ||||||
20 | than July 1, 1998, to
establish eligible creditable service for | ||||||
21 | up to 10 years of his or her service
as a policeman under | ||||||
22 | Article 3, by filing a written election with the Board,
| ||||||
23 | accompanied by payment of an amount to be determined by the | ||||||
24 | Board, equal to
(i) the difference between the amount of | ||||||
25 | employee and employer contributions
transferred to the System | ||||||
26 | under Section 3-110.5, and the amounts that would
have been |
| |||||||
| |||||||
1 | contributed had such contributions been made at the rates | ||||||
2 | applicable
to security employees of the Department of | ||||||
3 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
4 | for each year, compounded annually, from the date
of service to | ||||||
5 | the date of payment.
| ||||||
6 | (m) The amendatory changes to this Section made by this | ||||||
7 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
8 | security employees of the Department of Juvenile Justice | ||||||
9 | employed by the Department of Corrections before the effective | ||||||
10 | date of this amendatory Act of the 94th General Assembly and | ||||||
11 | transferred to the Department of Juvenile Justice by this | ||||||
12 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
13 | employed by the Department of Juvenile Justice on or after the | ||||||
14 | effective date of this amendatory Act of the 94th General | ||||||
15 | Assembly who are required by subsection (b) of Section 3-2.5-15 | ||||||
16 | of the Unified Code of Corrections to have a bachelor's or | ||||||
17 | advanced degree from an accredited college or university with a | ||||||
18 | specialization in criminal justice, education, psychology, | ||||||
19 | social work, or a closely related social science or, in the | ||||||
20 | case of persons who provide vocational training, who are | ||||||
21 | required to have adequate knowledge in the skill for which they | ||||||
22 | are providing the vocational training.
| ||||||
23 | (n) A person employed in a position under subsection (b) of | ||||||
24 | this Section who has purchased service credit under subsection | ||||||
25 | (j) of Section 14-104 or subsection (b) of Section 14-105 in | ||||||
26 | any other capacity under this Article may convert up to 5 years |
| |||||||
| |||||||
1 | of that service credit into service credit covered under this | ||||||
2 | Section by paying to the Fund an amount equal to (1) the | ||||||
3 | additional employee contribution required under Section | ||||||
4 | 14-133, plus (2) the additional employer contribution required | ||||||
5 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
6 | the actuarially assumed rate from the date of the service to | ||||||
7 | the date of payment. | ||||||
8 | (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, | ||||||
9 | eff. 8-28-07; 95-1036, eff. 2-17-09.)
| ||||||
10 | (40 ILCS 5/14-152.1)
| ||||||
11 | Sec. 14-152.1. Application and expiration of new benefit | ||||||
12 | increases. | ||||||
13 | (a) As used in this Section, "new benefit increase" means | ||||||
14 | an increase in the amount of any benefit provided under this | ||||||
15 | Article, or an expansion of the conditions of eligibility for | ||||||
16 | any benefit under this Article, that results from an amendment | ||||||
17 | to this Code that takes effect after June 1, 2005 ( the | ||||||
18 | effective date of Public Act 94-4)
this amendatory Act of the | ||||||
19 | 94th General Assembly . "New benefit increase", however, does | ||||||
20 | not include any benefit increase resulting from the changes | ||||||
21 | made to this Article by this amendatory Act of the 96th General | ||||||
22 | Assembly.
| ||||||
23 | (b) Notwithstanding any other provision of this Code or any | ||||||
24 | subsequent amendment to this Code, every new benefit increase | ||||||
25 | is subject to this Section and shall be deemed to be granted |
| |||||||
| |||||||
1 | only in conformance with and contingent upon compliance with | ||||||
2 | the provisions of this Section.
| ||||||
3 | (c) The Public Act enacting a new benefit increase must | ||||||
4 | identify and provide for payment to the System of additional | ||||||
5 | funding at least sufficient to fund the resulting annual | ||||||
6 | increase in cost to the System as it accrues. | ||||||
7 | Every new benefit increase is contingent upon the General | ||||||
8 | Assembly providing the additional funding required under this | ||||||
9 | subsection. The Commission on Government Forecasting and | ||||||
10 | Accountability shall analyze whether adequate additional | ||||||
11 | funding has been provided for the new benefit increase and | ||||||
12 | shall report its analysis to the Public Pension Division of the | ||||||
13 | Department of Financial and Professional Regulation. A new | ||||||
14 | benefit increase created by a Public Act that does not include | ||||||
15 | the additional funding required under this subsection is null | ||||||
16 | and void. If the Public Pension Division determines that the | ||||||
17 | additional funding provided for a new benefit increase under | ||||||
18 | this subsection is or has become inadequate, it may so certify | ||||||
19 | to the Governor and the State Comptroller and, in the absence | ||||||
20 | of corrective action by the General Assembly, the new benefit | ||||||
21 | increase shall expire at the end of the fiscal year in which | ||||||
22 | the certification is made.
| ||||||
23 | (d) Every new benefit increase shall expire 5 years after | ||||||
24 | its effective date or on such earlier date as may be specified | ||||||
25 | in the language enacting the new benefit increase or provided | ||||||
26 | under subsection (c). This does not prevent the General |
| |||||||
| |||||||
1 | Assembly from extending or re-creating a new benefit increase | ||||||
2 | by law. | ||||||
3 | (e) Except as otherwise provided in the language creating | ||||||
4 | the new benefit increase, a new benefit increase that expires | ||||||
5 | under this Section continues to apply to persons who applied | ||||||
6 | and qualified for the affected benefit while the new benefit | ||||||
7 | increase was in effect and to the affected beneficiaries and | ||||||
8 | alternate payees of such persons, but does not apply to any | ||||||
9 | other person, including without limitation a person who | ||||||
10 | continues in service after the expiration date and did not | ||||||
11 | apply and qualify for the affected benefit while the new | ||||||
12 | benefit increase was in effect.
| ||||||
13 | (Source: P.A. 94-4, eff. 6-1-05.)
| ||||||
14 | (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| ||||||
15 | Sec. 18-127. Retirement annuity - suspension on | ||||||
16 | reemployment.
| ||||||
17 | (a) A participant receiving a retirement annuity who is | ||||||
18 | regularly
employed for compensation by an employer other than a | ||||||
19 | county, in any
capacity, shall have his or her retirement | ||||||
20 | annuity payments suspended
during such employment. Upon | ||||||
21 | termination of such employment, retirement
annuity payments at | ||||||
22 | the previous rate shall be resumed.
| ||||||
23 | If such a participant resumes service as a judge, he or she
| ||||||
24 | shall receive credit for any additional service. Upon | ||||||
25 | subsequent
retirement, his or her retirement annuity shall be |
| |||||||
| |||||||
1 | the amount previously
granted, plus the amount earned by the | ||||||
2 | additional judicial service under
the provisions in effect | ||||||
3 | during the period of such additional service.
However, if the | ||||||
4 | participant was receiving the maximum rate of annuity at
the | ||||||
5 | time of re-employment, he or she may elect, in a written | ||||||
6 | direction
filed with the board, not to receive any additional | ||||||
7 | service credit during
the period of re-employment. In such | ||||||
8 | case, contributions shall not be
required during the period of | ||||||
9 | re-employment. Any such election shall be
irrevocable.
| ||||||
10 | (b) Beginning January 1, 1991, any participant receiving a | ||||||
11 | retirement
annuity who accepts temporary employment from an | ||||||
12 | employer other than a
county for a period not exceeding 75 | ||||||
13 | working days in any calendar year
shall not be deemed to be | ||||||
14 | regularly employed for compensation or to have
resumed service | ||||||
15 | as a judge for the purposes of this Article. A day shall
be | ||||||
16 | considered a working day if the annuitant performs on it any of | ||||||
17 | his
duties under the temporary employment agreement.
| ||||||
18 | (c) Except as provided in subsection (a), beginning January | ||||||
19 | 1, 1993,
retirement annuities shall not be subject to | ||||||
20 | suspension upon resumption of
employment for an employer, and | ||||||
21 | any retirement annuity that is then so
suspended shall be | ||||||
22 | reinstated on that date.
| ||||||
23 | (d) The changes made in this Section by this amendatory Act | ||||||
24 | of 1993
shall apply to judges no longer in service on its | ||||||
25 | effective date, as well as to
judges serving on or after that | ||||||
26 | date.
|
| |||||||
| |||||||
1 | (e) A participant receiving a retirement
annuity under this | ||||||
2 | Article who (i) serves as a part-time employee in any of the | ||||||
3 | following positions: Legislative Inspector General, Special | ||||||
4 | Legislative Inspector General, employee of the Office of the | ||||||
5 | Legislative Inspector General, Executive Director of the | ||||||
6 | Legislative Ethics Commission, or staff of the Legislative | ||||||
7 | Ethics Commission or (ii), on January 1, 2007, is serving on | ||||||
8 | the Illinois Gaming Board , but has not elected to participate | ||||||
9 | in the Article 14 System with respect to that service, shall | ||||||
10 | not be deemed to be regularly employed for compensation by an | ||||||
11 | employer other than a county, nor to have
resumed service as a | ||||||
12 | judge, on the basis of that service, and the retirement annuity | ||||||
13 | payments and other benefits of that person under this Code | ||||||
14 | shall not be suspended, diminished, or otherwise impaired | ||||||
15 | solely as a consequence of that service. This subsection (e) | ||||||
16 | applies without regard to whether the person is in service as a | ||||||
17 | judge under this Article on or after the effective date of this | ||||||
18 | amendatory Act of the 93rd General Assembly. In this | ||||||
19 | subsection, a "part-time employee" is a person who is not | ||||||
20 | required to work at least 35 hours per week.
The changes made | ||||||
21 | to this subsection (e) by this amendatory Act of the 96th | ||||||
22 | General Assembly apply without regard to whether the person is | ||||||
23 | in service as a judge under this Article on or after the | ||||||
24 | effective date of this amendatory Act of the 96th General | ||||||
25 | Assembly.
| ||||||
26 | (f) A participant receiving a retirement annuity under this |
| |||||||
| |||||||
1 | Article who has made an election under Section 1-123 and who is | ||||||
2 | serving either as legal counsel in the Office of the Governor | ||||||
3 | or as Chief Deputy Attorney General shall not be deemed to be | ||||||
4 | regularly employed for compensation by an employer other than a | ||||||
5 | county, nor to have resumed service as a judge, on the basis of | ||||||
6 | that service, and the retirement annuity payments and other | ||||||
7 | benefits of that person under this Code shall not be suspended, | ||||||
8 | diminished, or otherwise impaired solely as a consequence of | ||||||
9 | that service. This subsection (f) applies without regard to | ||||||
10 | whether the person is in service as a judge under this Article | ||||||
11 | on or after the effective date of this amendatory Act of the | ||||||
12 | 93rd General Assembly.
| ||||||
13 | (Source: P.A. 93-685, eff. 7-8-04; 93-1069, eff. 1-15-05.)
| ||||||
14 | (40 ILCS 5/18-169)
| ||||||
15 | Sec. 18-169. Application and expiration of new benefit | ||||||
16 | increases. | ||||||
17 | (a) As used in this Section, "new benefit increase" means | ||||||
18 | an increase in the amount of any benefit provided under this | ||||||
19 | Article, or an expansion of the conditions of eligibility for | ||||||
20 | any benefit under this Article, that results from an amendment | ||||||
21 | to this Code that takes effect after June 1, 2005 ( the | ||||||
22 | effective date Public Act 94-4)
of this amendatory Act of the | ||||||
23 | 94th General Assembly . "New benefit increase", however, does | ||||||
24 | not include any benefit increase resulting from the changes | ||||||
25 | made to this Article by this amendatory Act of the 96th General |
| |||||||
| |||||||
1 | Assembly. | ||||||
2 | (b) Notwithstanding any other provision of this Code or any | ||||||
3 | subsequent amendment to this Code, every new benefit increase | ||||||
4 | is subject to this Section and shall be deemed to be granted | ||||||
5 | only in conformance with and contingent upon compliance with | ||||||
6 | the provisions of this Section.
| ||||||
7 | (c) The Public Act enacting a new benefit increase must | ||||||
8 | identify and provide for payment to the System of additional | ||||||
9 | funding at least sufficient to fund the resulting annual | ||||||
10 | increase in cost to the System as it accrues. | ||||||
11 | Every new benefit increase is contingent upon the General | ||||||
12 | Assembly providing the additional funding required under this | ||||||
13 | subsection. The Commission on Government Forecasting and | ||||||
14 | Accountability shall analyze whether adequate additional | ||||||
15 | funding has been provided for the new benefit increase and | ||||||
16 | shall report its analysis to the Public Pension Division of the | ||||||
17 | Department of Financial and Professional Regulation. A new | ||||||
18 | benefit increase created by a Public Act that does not include | ||||||
19 | the additional funding required under this subsection is null | ||||||
20 | and void. If the Public Pension Division determines that the | ||||||
21 | additional funding provided for a new benefit increase under | ||||||
22 | this subsection is or has become inadequate, it may so certify | ||||||
23 | to the Governor and the State Comptroller and, in the absence | ||||||
24 | of corrective action by the General Assembly, the new benefit | ||||||
25 | increase shall expire at the end of the fiscal year in which | ||||||
26 | the certification is made.
|
| |||||||
| |||||||
1 | (d) Every new benefit increase shall expire 5 years after | ||||||
2 | its effective date or on such earlier date as may be specified | ||||||
3 | in the language enacting the new benefit increase or provided | ||||||
4 | under subsection (c). This does not prevent the General | ||||||
5 | Assembly from extending or re-creating a new benefit increase | ||||||
6 | by law. | ||||||
7 | (e) Except as otherwise provided in the language creating | ||||||
8 | the new benefit increase, a new benefit increase that expires | ||||||
9 | under this Section continues to apply to persons who applied | ||||||
10 | and qualified for the affected benefit while the new benefit | ||||||
11 | increase was in effect and to the affected beneficiaries and | ||||||
12 | alternate payees of such persons, but does not apply to any | ||||||
13 | other person, including without limitation a person who | ||||||
14 | continues in service after the expiration date and did not | ||||||
15 | apply and qualify for the affected benefit while the new | ||||||
16 | benefit increase was in effect.
| ||||||
17 | (Source: P.A. 94-4, eff. 6-1-05.)
| ||||||
18 | Section 25. The Riverboat Gambling Act is amended by | ||||||
19 | changing Sections 4, 5, 5.1, 6, 7, 9, 11, 12, 13, 15, and 18 and | ||||||
20 | by adding Sections 5.2 and 12.1 as follows:
| ||||||
21 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
22 | Sec. 4. Definitions. As used in this Act:
| ||||||
23 | (a) "Board" means the Illinois Gaming Board.
| ||||||
24 | (b) "Occupational license" means a license issued by the |
| |||||||
| |||||||
1 | Board to a
person or entity to perform an occupation which the | ||||||
2 | Board has identified as
requiring a license to engage in | ||||||
3 | riverboat gambling in Illinois.
| ||||||
4 | (c) "Gambling game" includes, but is not limited to, | ||||||
5 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
6 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
7 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
8 | pull tab which is authorized by the Board
as a wagering device | ||||||
9 | under this Act.
| ||||||
10 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
11 | permanently moored barge, or permanently moored barges that are | ||||||
12 | permanently
fixed together to operate as one vessel, on which | ||||||
13 | lawful gambling is
authorized and licensed as
provided in this | ||||||
14 | Act.
| ||||||
15 | (e) "Managers license" means a license issued by the Board | ||||||
16 | to a person or
entity
to manage gambling operations conducted | ||||||
17 | by the State pursuant to Section 7.3.
| ||||||
18 | (f) "Dock" means the location where a riverboat moors for | ||||||
19 | the purpose of
embarking passengers for and disembarking | ||||||
20 | passengers from the riverboat.
| ||||||
21 | (g) "Gross receipts" means the total amount of money | ||||||
22 | exchanged for the
purchase of chips, tokens or electronic cards | ||||||
23 | by riverboat patrons.
| ||||||
24 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
25 | winnings paid to wagerers.
| ||||||
26 | (i) "Cheat" means to alter the selection of criteria which |
| |||||||
| |||||||
1 | determine the
result of a gambling game or the amount or | ||||||
2 | frequency of payment in a gambling
game.
| ||||||
3 | (j) (Blank) "Department" means the Department of Revenue .
| ||||||
4 | (k) "Gambling operation" means the conduct of authorized | ||||||
5 | gambling games
upon a riverboat.
| ||||||
6 | (l) "License bid" means the lump sum amount of money that | ||||||
7 | an applicant
bids and agrees to pay the State in return for an | ||||||
8 | owners license that is
re-issued on or after July 1, 2003.
| ||||||
9 | (m) The terms "minority person" , and "female" , and "person | ||||||
10 | with a disability" shall have the same meaning
as
defined in
| ||||||
11 | Section 2 of the Business Enterprise for Minorities, Females, | ||||||
12 | and Persons with
Disabilities Act.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
14 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
15 | Sec. 5. Gaming Board.
| ||||||
16 | (a) (1) There is hereby established the
within the | ||||||
17 | Department of Revenue an
Illinois Gaming Board , which shall | ||||||
18 | have the powers and duties specified in
this Act, and all other | ||||||
19 | powers necessary and proper to fully and
effectively execute | ||||||
20 | this Act for the purpose of administering, regulating,
and | ||||||
21 | enforcing the system of riverboat gambling established by this | ||||||
22 | Act. Its
jurisdiction shall extend under this Act to every | ||||||
23 | person, association,
corporation, partnership and trust | ||||||
24 | involved in riverboat gambling
operations in the State of | ||||||
25 | Illinois.
|
| |||||||
| |||||||
1 | (2) The Board shall consist of 5 members to be appointed by | ||||||
2 | the Governor
with the advice and consent of the Senate, one of | ||||||
3 | whom shall be designated
by the Governor to be chairman. Each | ||||||
4 | member shall have a reasonable
knowledge of the practice, | ||||||
5 | procedure and principles of gambling operations.
Each member | ||||||
6 | shall either be a resident of Illinois or shall certify that he
| ||||||
7 | will become a resident of Illinois before taking office. At | ||||||
8 | least one member
shall be experienced in law enforcement and | ||||||
9 | criminal investigation, at
least one member shall be a | ||||||
10 | certified public accountant experienced in
accounting and | ||||||
11 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
12 | practice law in Illinois.
| ||||||
13 | (3) The terms of office of the Board members shall be 3 | ||||||
14 | years, except
that the terms of office of the initial Board | ||||||
15 | members appointed pursuant to
this Act will commence from the | ||||||
16 | effective date of this Act and run as
follows: one for a term | ||||||
17 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
18 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
19 | foregoing terms, the successors of such members shall serve a | ||||||
20 | term for 3
years and until their successors are appointed and | ||||||
21 | qualified for like terms.
Vacancies in the Board shall be | ||||||
22 | filled for the unexpired term in like
manner as original | ||||||
23 | appointments. Each member of the Board shall be
eligible for | ||||||
24 | reappointment at the discretion of the Governor with the
advice | ||||||
25 | and consent of the Senate.
| ||||||
26 | (4)
The chairman of the Board shall receive an annual |
| |||||||
| |||||||
1 | salary of $80,000, or as set by the Compensation Review Board, | ||||||
2 | whichever is higher. Other members of the Board shall receive | ||||||
3 | an annual salary of $55,000, or as set by the Compensation | ||||||
4 | Review Board, whichever is higher.
Each member of the Board | ||||||
5 | shall receive $300 for each day the
Board meets and for each | ||||||
6 | day the member conducts any hearing pursuant to
this Act. Each | ||||||
7 | member of the Board shall also be reimbursed for all actual
and | ||||||
8 | necessary expenses and disbursements incurred in the execution | ||||||
9 | of official
duties.
| ||||||
10 | (5) No person shall be appointed a member of the Board or | ||||||
11 | continue to be
a member of the Board who is, or whose spouse, | ||||||
12 | child or parent is, a member
of the board of directors of, or a | ||||||
13 | person financially interested in, any
gambling operation | ||||||
14 | subject to the jurisdiction of this Board, or any race
track, | ||||||
15 | race meeting, racing association or the operations thereof | ||||||
16 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
17 | Board member shall
hold any other public office for which he | ||||||
18 | shall receive compensation other
than necessary travel or other | ||||||
19 | incidental expenses . No person shall be a
member of the Board | ||||||
20 | who is not of good moral character or who has been
convicted | ||||||
21 | of, or is under indictment for, a felony under the laws of
| ||||||
22 | Illinois or any other state, or the United States.
| ||||||
23 | (5.5) No member of the Board shall engage in any political | ||||||
24 | activity. For the purposes of this Section, "political" means | ||||||
25 | any activity in support
of or in connection with any campaign | ||||||
26 | for federal, State, or local elective office or any political
|
| |||||||
| |||||||
1 | organization, but does not include activities (i) relating to | ||||||
2 | the support or
opposition of any executive, legislative, or | ||||||
3 | administrative action (as those
terms are defined in Section 2 | ||||||
4 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
5 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
6 | person's official
State duties or governmental and public | ||||||
7 | service functions.
| ||||||
8 | (6) Any member of the Board may be removed by the Governor | ||||||
9 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
10 | in office or for engaging in any political activity .
| ||||||
11 | (7) Before entering upon the discharge of the duties of his | ||||||
12 | office, each
member of the Board shall take an oath that he | ||||||
13 | will faithfully execute the
duties of his office according to | ||||||
14 | the laws of the State and the rules and
regulations adopted | ||||||
15 | therewith and shall give bond to the State of Illinois,
| ||||||
16 | approved by the Governor, in the sum of $25,000. Every such | ||||||
17 | bond, when
duly executed and approved, shall be recorded in the | ||||||
18 | office of the
Secretary of State. Whenever the Governor | ||||||
19 | determines that the bond of any
member of the Board has become | ||||||
20 | or is likely to become invalid or
insufficient, he shall | ||||||
21 | require such member forthwith to renew his bond,
which is to be | ||||||
22 | approved by the Governor. Any member of the Board who fails
to | ||||||
23 | take oath and give bond within 30 days from the date of his | ||||||
24 | appointment,
or who fails to renew his bond within 30 days | ||||||
25 | after it is demanded by the
Governor, shall be guilty of | ||||||
26 | neglect of duty and may be removed by the
Governor. The cost of |
| |||||||
| |||||||
1 | any bond given by any member of the Board under this
Section | ||||||
2 | shall be taken to be a part of the necessary expenses of the | ||||||
3 | Board.
| ||||||
4 | (8) The
Upon the request of the Board , the Department shall | ||||||
5 | employ such
personnel as may be necessary to carry out its
the
| ||||||
6 | functions
and shall determine the salaries of all personnel, | ||||||
7 | except those personnel whose salaries are determined under the | ||||||
8 | terms of a collective bargaining agreement
of the Board . No
| ||||||
9 | person shall be employed to serve the Board who is, or whose | ||||||
10 | spouse, parent
or child is, an official of, or has a financial | ||||||
11 | interest in or financial
relation with, any operator engaged in | ||||||
12 | gambling operations within this
State or any organization | ||||||
13 | engaged in conducting horse racing within this
State. Any | ||||||
14 | employee violating these prohibitions shall be subject to
| ||||||
15 | termination of employment.
| ||||||
16 | (9) An Administrator shall perform any and all duties that | ||||||
17 | the Board
shall assign him. The salary of the Administrator | ||||||
18 | shall be determined by
the Board and approved by the Director | ||||||
19 | of the Department and, in addition,
he shall be reimbursed for | ||||||
20 | all actual and necessary expenses incurred by
him in discharge | ||||||
21 | of his official duties. The Administrator shall keep
records of | ||||||
22 | all proceedings of the Board and shall preserve all records,
| ||||||
23 | books, documents and other papers belonging to the Board or | ||||||
24 | entrusted to
its care. The Administrator shall devote his full | ||||||
25 | time to the duties of
the office and shall not hold any other | ||||||
26 | office or employment.
|
| |||||||
| |||||||
1 | (b) The Board shall have general responsibility for the | ||||||
2 | implementation
of this Act. Its duties include, without | ||||||
3 | limitation, the following:
| ||||||
4 | (1) To decide promptly and in reasonable order all | ||||||
5 | license applications.
Any party aggrieved by an action of | ||||||
6 | the Board denying, suspending,
revoking, restricting or | ||||||
7 | refusing to renew a license may request a hearing
before | ||||||
8 | the Board. A request for a hearing must be made to the | ||||||
9 | Board in
writing within 5 days after service of notice of | ||||||
10 | the action of the Board.
Notice of the action of the Board | ||||||
11 | shall be served either by personal
delivery or by certified | ||||||
12 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
13 | served by certified mail shall be deemed complete on the | ||||||
14 | business
day following the date of such mailing. The Board | ||||||
15 | shall conduct all
requested hearings promptly and in | ||||||
16 | reasonable order;
| ||||||
17 | (2) To conduct all hearings pertaining to civil | ||||||
18 | violations of this Act
or rules and regulations promulgated | ||||||
19 | hereunder;
| ||||||
20 | (3) To promulgate such rules and regulations as in its | ||||||
21 | judgment may be
necessary to protect or enhance the | ||||||
22 | credibility and integrity of gambling
operations | ||||||
23 | authorized by this Act and the regulatory process | ||||||
24 | hereunder;
| ||||||
25 | (4) To provide for the establishment and collection of | ||||||
26 | all license and
registration fees and taxes imposed by this |
| |||||||
| |||||||
1 | Act and the rules and
regulations issued pursuant hereto. | ||||||
2 | All such fees and taxes shall be
deposited into the State | ||||||
3 | Gaming Fund;
| ||||||
4 | (5) To provide for the levy and collection of penalties | ||||||
5 | and fines for the
violation of provisions of this Act and | ||||||
6 | the rules and regulations
promulgated hereunder. All such | ||||||
7 | fines and penalties shall be deposited
into the Education | ||||||
8 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
9 | State of Illinois;
| ||||||
10 | (6) To be present through its inspectors and agents any | ||||||
11 | time gambling
operations are conducted on any riverboat for | ||||||
12 | the purpose of certifying the
revenue thereof, receiving | ||||||
13 | complaints from the public, and conducting such
other | ||||||
14 | investigations into the conduct of the gambling games and | ||||||
15 | the
maintenance of the equipment as from time to time the | ||||||
16 | Board may deem
necessary and proper;
| ||||||
17 | (7) To review and rule upon any complaint by a licensee
| ||||||
18 | regarding any investigative procedures of the State which | ||||||
19 | are unnecessarily
disruptive of gambling operations. The | ||||||
20 | need to inspect and investigate
shall be presumed at all | ||||||
21 | times. The disruption of a licensee's operations
shall be | ||||||
22 | proved by clear and convincing evidence, and establish | ||||||
23 | that: (A)
the procedures had no reasonable law enforcement | ||||||
24 | purposes, and (B) the
procedures were so disruptive as to | ||||||
25 | unreasonably inhibit gambling operations;
| ||||||
26 | (8) To hold at least one meeting each quarter of the |
| |||||||
| |||||||
1 | fiscal
year. In addition, special meetings may be called by | ||||||
2 | the Chairman or any 2
Board members upon 72 hours written | ||||||
3 | notice to each member. All Board
meetings shall be subject | ||||||
4 | to the Open Meetings Act. Three members of the
Board shall | ||||||
5 | constitute a quorum, and 3 votes shall be required for any
| ||||||
6 | final determination by the Board. The Board shall keep a | ||||||
7 | complete and
accurate record of all its meetings. A | ||||||
8 | majority of the members of the Board
shall constitute a | ||||||
9 | quorum for the transaction of any business, for the
| ||||||
10 | performance of any duty, or for the exercise of any power | ||||||
11 | which this Act
requires the Board members to transact, | ||||||
12 | perform or exercise en banc, except
that, upon order of the | ||||||
13 | Board, one of the Board members or an
administrative law | ||||||
14 | judge designated by the Board may conduct any hearing
| ||||||
15 | provided for under this Act or by Board rule and may | ||||||
16 | recommend findings and
decisions to the Board. The Board | ||||||
17 | member or administrative law judge
conducting such hearing | ||||||
18 | shall have all powers and rights granted to the
Board in | ||||||
19 | this Act. The record made at the time of the hearing shall | ||||||
20 | be
reviewed by the Board, or a majority thereof, and the | ||||||
21 | findings and decision
of the majority of the Board shall | ||||||
22 | constitute the order of the Board in
such case;
| ||||||
23 | (9) To maintain records which are separate and distinct | ||||||
24 | from the records
of any other State board or commission. | ||||||
25 | Such records shall be available
for public inspection and | ||||||
26 | shall accurately reflect all Board proceedings;
|
| |||||||
| |||||||
1 | (10) To file a written annual report with the Governor | ||||||
2 | on or before
March 1 each year and such additional reports | ||||||
3 | as the Governor may request.
The annual report shall | ||||||
4 | include a statement of receipts and disbursements
by the | ||||||
5 | Board, actions taken by the Board, and any additional | ||||||
6 | information
and recommendations which the Board may deem | ||||||
7 | valuable or which the Governor
may request;
| ||||||
8 | (11) (Blank); and
| ||||||
9 | (12) (Blank); and
To assume responsibility for the | ||||||
10 | administration and
enforcement of the Bingo License and Tax | ||||||
11 | Act, the Charitable Games Act, and
the Pull Tabs and Jar | ||||||
12 | Games Act if such responsibility is delegated to it
by the | ||||||
13 | Director of Revenue.
| ||||||
14 | (13) To adopt, by rule, a code of conduct governing | ||||||
15 | Board members and employees that ensure, to the maximum | ||||||
16 | extent possible, that persons subject to this Code avoid | ||||||
17 | situations, relationships, or associations that may | ||||||
18 | represent or lead to a conflict of interest.
| ||||||
19 | (c) The Board shall have jurisdiction over and shall | ||||||
20 | supervise all
gambling operations governed by this Act. The | ||||||
21 | Board shall have all powers
necessary and proper to fully and | ||||||
22 | effectively execute the provisions of
this Act, including, but | ||||||
23 | not limited to, the following:
| ||||||
24 | (1) To investigate applicants and determine the | ||||||
25 | eligibility of
applicants for licenses and to select among | ||||||
26 | competing applicants the
applicants which best serve the |
| |||||||
| |||||||
1 | interests of the citizens of Illinois.
| ||||||
2 | (2) To have jurisdiction and supervision over all | ||||||
3 | riverboat gambling
operations in this State and all persons | ||||||
4 | on riverboats where gambling
operations are conducted.
| ||||||
5 | (3) To promulgate rules and regulations for the purpose | ||||||
6 | of administering
the provisions of this Act and to | ||||||
7 | prescribe rules, regulations and
conditions under which | ||||||
8 | all riverboat gambling in the State shall be
conducted. | ||||||
9 | Such rules and regulations are to provide for the | ||||||
10 | prevention of
practices detrimental to the public interest | ||||||
11 | and for the best interests of
riverboat gambling, including | ||||||
12 | rules and regulations regarding the
inspection of such | ||||||
13 | riverboats and the review of any permits or licenses
| ||||||
14 | necessary to operate a riverboat under any laws or | ||||||
15 | regulations applicable
to riverboats, and to impose | ||||||
16 | penalties for violations thereof.
| ||||||
17 | (4) To enter the office, riverboats, facilities, or | ||||||
18 | other
places of business of a licensee, where evidence of | ||||||
19 | the compliance or
noncompliance with the provisions of this | ||||||
20 | Act is likely to be found.
| ||||||
21 | (5) To investigate alleged violations of this Act or | ||||||
22 | the
rules of the Board and to take appropriate disciplinary
| ||||||
23 | action against a licensee or a holder of an occupational | ||||||
24 | license for a
violation, or institute appropriate legal | ||||||
25 | action for enforcement, or both.
| ||||||
26 | (6) To adopt standards for the licensing of all persons |
| |||||||
| |||||||
1 | under this Act,
as well as for electronic or mechanical | ||||||
2 | gambling games, and to establish
fees for such licenses.
| ||||||
3 | (7) To adopt appropriate standards for all riverboats
| ||||||
4 | and facilities.
| ||||||
5 | (8) To require that the records, including financial or | ||||||
6 | other statements
of any licensee under this Act, shall be | ||||||
7 | kept in such manner as prescribed
by the Board and that any | ||||||
8 | such licensee involved in the ownership or
management of | ||||||
9 | gambling operations submit to the Board an annual balance
| ||||||
10 | sheet and profit and loss statement, list of the | ||||||
11 | stockholders or other
persons having
a 1% or greater
| ||||||
12 | beneficial interest in the gambling
activities of each | ||||||
13 | licensee, and any other information the Board deems
| ||||||
14 | necessary in order to effectively administer this Act and | ||||||
15 | all rules,
regulations, orders and final decisions | ||||||
16 | promulgated under this Act.
| ||||||
17 | (9) To conduct hearings, issue subpoenas for the | ||||||
18 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
19 | production of books, records
and other pertinent documents | ||||||
20 | in accordance with the Illinois
Administrative Procedure | ||||||
21 | Act, and to administer oaths and affirmations to
the | ||||||
22 | witnesses, when, in the judgment of the Board, it is | ||||||
23 | necessary to
administer or enforce this Act or the Board | ||||||
24 | rules.
| ||||||
25 | (10) To prescribe a form to be used by any licensee | ||||||
26 | involved in the
ownership or management of gambling |
| |||||||
| |||||||
1 | operations as an
application for employment for their | ||||||
2 | employees.
| ||||||
3 | (11) To revoke or suspend licenses, as the Board may | ||||||
4 | see fit and in
compliance with applicable laws of the State | ||||||
5 | regarding administrative
procedures, and to review | ||||||
6 | applications for the renewal of licenses. The
Board may | ||||||
7 | suspend an owners license, without notice or hearing upon a
| ||||||
8 | determination that the safety or health of patrons or | ||||||
9 | employees is
jeopardized by continuing a riverboat's | ||||||
10 | operation. The suspension may
remain in effect until the | ||||||
11 | Board determines that the cause for suspension
has been | ||||||
12 | abated. The Board may revoke the owners license upon a
| ||||||
13 | determination that the owner has not made satisfactory | ||||||
14 | progress toward
abating the hazard.
| ||||||
15 | (12) To eject or exclude or authorize the ejection or | ||||||
16 | exclusion of, any
person from riverboat gambling | ||||||
17 | facilities where such person is in violation
of this Act, | ||||||
18 | rules and regulations thereunder, or final orders of the
| ||||||
19 | Board, or where such person's conduct or reputation is such | ||||||
20 | that his
presence within the riverboat gambling facilities | ||||||
21 | may, in the opinion of
the Board, call into question the | ||||||
22 | honesty and integrity of the gambling
operations or | ||||||
23 | interfere with orderly conduct thereof; provided that the
| ||||||
24 | propriety of such ejection or exclusion is subject to | ||||||
25 | subsequent hearing
by the Board.
| ||||||
26 | (13) To require all licensees of gambling operations to |
| |||||||
| |||||||
1 | utilize a
cashless wagering system whereby all players' | ||||||
2 | money is converted to tokens,
electronic cards, or chips | ||||||
3 | which shall be used only for wagering in the
gambling | ||||||
4 | establishment.
| ||||||
5 | (14) (Blank).
| ||||||
6 | (15) To suspend, revoke or restrict licenses, to | ||||||
7 | require the
removal of a licensee or an employee of a | ||||||
8 | licensee for a violation of this
Act or a Board rule or for | ||||||
9 | engaging in a fraudulent practice, and to
impose civil | ||||||
10 | penalties of up to $5,000 against individuals and up to
| ||||||
11 | $10,000 or an amount equal to the daily gross receipts, | ||||||
12 | whichever is
larger, against licensees for each violation | ||||||
13 | of any provision of the Act,
any rules adopted by the | ||||||
14 | Board, any order of the Board or any other action
which, in | ||||||
15 | the Board's discretion, is a detriment or impediment to | ||||||
16 | riverboat
gambling operations.
| ||||||
17 | (16) To hire employees to gather information, conduct | ||||||
18 | investigations
and carry out any other tasks contemplated | ||||||
19 | under this Act.
| ||||||
20 | (17) To establish minimum levels of insurance to be | ||||||
21 | maintained by
licensees.
| ||||||
22 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
23 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
24 | of 1934 on board a riverboat
and to have exclusive | ||||||
25 | authority to establish the hours for sale and
consumption | ||||||
26 | of alcoholic liquor on board a riverboat, notwithstanding |
| |||||||
| |||||||
1 | any
provision of the Liquor Control Act of 1934 or any | ||||||
2 | local ordinance, and
regardless of whether the riverboat | ||||||
3 | makes excursions. The
establishment of the hours for sale | ||||||
4 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
5 | an exclusive power and function of the State. A home
rule | ||||||
6 | unit may not establish the hours for sale and consumption | ||||||
7 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
8 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
9 | and functions under subsection (h) of
Section 6 of Article | ||||||
10 | VII of the Illinois Constitution.
| ||||||
11 | (19) After consultation with the U.S. Army Corps of | ||||||
12 | Engineers, to
establish binding emergency orders upon the | ||||||
13 | concurrence of a majority of
the members of the Board | ||||||
14 | regarding the navigability of water, relative to
| ||||||
15 | excursions,
in the event
of extreme weather conditions, | ||||||
16 | acts of God or other extreme circumstances.
| ||||||
17 | (20) To delegate the execution of any of its powers | ||||||
18 | under this Act for
the purpose of administering and | ||||||
19 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
20 | (20.5) To approve any contract entered into on its | ||||||
21 | behalf.
| ||||||
22 | (20.6) To appoint investigators to conduct | ||||||
23 | investigations, searches, seizures, arrests, and other | ||||||
24 | duties imposed under this Act, as deemed necessary by the | ||||||
25 | Board. These investigators have and may exercise all of the | ||||||
26 | rights and powers of peace officers, provided that these |
| |||||||
| |||||||
1 | powers shall be limited to offenses or violations occurring | ||||||
2 | or committed on a riverboat or dock, as defined in | ||||||
3 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
4 | provided by this Act or any other law. | ||||||
5 | (20.7) To contract with the Department of State Police | ||||||
6 | for the use of trained and qualified State police officers | ||||||
7 | and with the Department of Revenue for the use of trained | ||||||
8 | and qualified Department of Revenue investigators to | ||||||
9 | conduct investigations, searches, seizures, arrests, and | ||||||
10 | other duties imposed under this Act and to exercise all of | ||||||
11 | the rights and powers of peace officers, provided that the | ||||||
12 | powers of Department of Revenue investigators under this | ||||||
13 | subdivision (20.7) shall be limited to offenses or | ||||||
14 | violations occurring or committed on a riverboat or dock, | ||||||
15 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
16 | otherwise provided by this Act or any other law. In the | ||||||
17 | event the Department of State Police or the Department of | ||||||
18 | Revenue is unable to fill contracted police or | ||||||
19 | investigative positions, the Board may appoint | ||||||
20 | investigators to fill those positions pursuant to | ||||||
21 | subdivision (20.6).
| ||||||
22 | (21) To take any other action as may be reasonable or | ||||||
23 | appropriate to
enforce this Act and rules and regulations | ||||||
24 | hereunder.
| ||||||
25 | (d) The Board may seek and shall receive the cooperation of | ||||||
26 | the
Department of State Police in conducting background |
| |||||||
| |||||||
1 | investigations of
applicants and in fulfilling its | ||||||
2 | responsibilities under
this Section. Costs incurred by the | ||||||
3 | Department of State Police as
a result of such cooperation | ||||||
4 | shall be paid by the Board in conformance
with the requirements | ||||||
5 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
6 | ILCS 2605/2605-400).
| ||||||
7 | (e) The Board must authorize to each investigator and to | ||||||
8 | any other
employee of the Board exercising the powers of a | ||||||
9 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
10 | states that the badge is authorized by the Board
and
(ii) | ||||||
11 | contains a unique identifying number. No other badge shall be | ||||||
12 | authorized
by the Board.
| ||||||
13 | (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | ||||||
14 | eff.
1-1-01.)
| ||||||
15 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
16 | Sec. 5.1. Disclosure of records.
| ||||||
17 | (a) Notwithstanding any applicable statutory provision to | ||||||
18 | the contrary,
the Board shall, on written request from any | ||||||
19 | person, provide
information furnished by an applicant or | ||||||
20 | licensee concerning the applicant
or licensee, his products, | ||||||
21 | services or gambling enterprises and his
business holdings, as | ||||||
22 | follows:
| ||||||
23 | (1) The name, business address and business telephone | ||||||
24 | number of any
applicant or licensee.
| ||||||
25 | (2) An identification of any applicant or licensee |
| |||||||
| |||||||
1 | including, if an
applicant or licensee is not an | ||||||
2 | individual, the state of incorporation or
registration, | ||||||
3 | the corporate officers, and the identity of all | ||||||
4 | shareholders
or participants. If an applicant or licensee | ||||||
5 | has a pending registration
statement filed with the | ||||||
6 | Securities and Exchange Commission, only the names
of those | ||||||
7 | persons or entities holding interest of 5% or more must be | ||||||
8 | provided.
| ||||||
9 | (3) An identification of any business, including, if | ||||||
10 | applicable, the
state of incorporation or registration, in | ||||||
11 | which an applicant or licensee
or an applicant's or | ||||||
12 | licensee's spouse or children has an equity interest
of | ||||||
13 | more than 1%
5% . If an applicant or licensee is a | ||||||
14 | corporation, partnership
or other business entity, the | ||||||
15 | applicant or licensee shall identify any
other | ||||||
16 | corporation, partnership or business entity in which it has | ||||||
17 | an equity
interest of 1%
5% or more, including, if | ||||||
18 | applicable, the state of
incorporation or registration. | ||||||
19 | This information need not be provided by a
corporation, | ||||||
20 | partnership or other business entity that has a pending
| ||||||
21 | registration statement filed with the Securities and | ||||||
22 | Exchange Commission.
| ||||||
23 | (4) Whether an applicant or licensee has been indicted, | ||||||
24 | convicted,
pleaded guilty or nolo contendere, or forfeited | ||||||
25 | bail concerning any
criminal offense under the laws of any | ||||||
26 | jurisdiction, either felony or
misdemeanor (except for |
| |||||||
| |||||||
1 | traffic violations), including the date, the name
and | ||||||
2 | location of the court, arresting agency and prosecuting | ||||||
3 | agency, the
case number, the offense, the disposition and | ||||||
4 | the location and length of
incarceration.
| ||||||
5 | (5) Whether an applicant or licensee has had any | ||||||
6 | license or
certificate issued by a licensing authority in | ||||||
7 | Illinois or any other
jurisdiction denied, restricted, | ||||||
8 | suspended, revoked or not renewed and a
statement | ||||||
9 | describing the facts and circumstances concerning the | ||||||
10 | denial,
restriction, suspension, revocation or | ||||||
11 | non-renewal, including the licensing
authority, the date | ||||||
12 | each such action was taken, and the reason for each
such | ||||||
13 | action.
| ||||||
14 | (6) Whether an applicant or licensee has ever filed or | ||||||
15 | had filed against
it a proceeding in bankruptcy or has ever | ||||||
16 | been involved in any formal
process to adjust, defer, | ||||||
17 | suspend or otherwise work out the payment of any
debt | ||||||
18 | including the date of filing, the name and location of the | ||||||
19 | court, the
case and number of the disposition.
| ||||||
20 | (7) Whether an applicant or licensee has filed, or been | ||||||
21 | served with a
complaint or other notice filed with any | ||||||
22 | public body, regarding the
delinquency in the payment of, | ||||||
23 | or a dispute over the filings concerning the
payment of, | ||||||
24 | any tax required under federal, State or local law, | ||||||
25 | including
the amount, type of tax, the taxing agency and | ||||||
26 | time periods involved.
|
| |||||||
| |||||||
1 | (8) A statement listing the names and titles of all | ||||||
2 | public officials
or officers of any unit of government, and | ||||||
3 | relatives of said
public officials or officers who, | ||||||
4 | directly or indirectly, own
any financial interest in, have | ||||||
5 | any beneficial interest in, are the
creditors of or hold | ||||||
6 | any debt instrument issued by, or hold or have any
interest | ||||||
7 | in any contractual or service relationship with, an | ||||||
8 | applicant
or licensee.
| ||||||
9 | (9) Whether an applicant or licensee has made, directly | ||||||
10 | or indirectly,
any political contribution, or any loans, | ||||||
11 | donations or other payments, to
any candidate or office | ||||||
12 | holder, within 5 years from the date of filing the
| ||||||
13 | application, including the amount and the method of | ||||||
14 | payment.
| ||||||
15 | (10) The name and business telephone number of the | ||||||
16 | counsel
representing an applicant or licensee in matters | ||||||
17 | before the Board.
| ||||||
18 | (11) A description of any proposed or approved | ||||||
19 | riverboat
gaming operation, including the type of boat, | ||||||
20 | home dock location, expected
economic benefit to the | ||||||
21 | community, anticipated or actual number of
employees, any | ||||||
22 | statement from an applicant or licensee regarding | ||||||
23 | compliance
with federal and State affirmative action | ||||||
24 | guidelines, projected or actual
admissions and projected | ||||||
25 | or actual adjusted gross gaming receipts.
| ||||||
26 | (12) A description of the product or service to be |
| |||||||
| |||||||
1 | supplied by an
applicant for a supplier's license.
| ||||||
2 | (b) Notwithstanding any applicable statutory provision to | ||||||
3 | the contrary,
the Board shall, on written request from any | ||||||
4 | person, also provide
the following information:
| ||||||
5 | (1) The amount of the wagering tax and admission tax | ||||||
6 | paid daily to the
State of Illinois by the holder of an | ||||||
7 | owner's license.
| ||||||
8 | (2) Whenever the Board finds an applicant for an | ||||||
9 | owner's license
unsuitable for licensing, a copy of the | ||||||
10 | written letter outlining the
reasons for the denial.
| ||||||
11 | (3) Whenever the Board has refused to grant leave for | ||||||
12 | an applicant to
withdraw his application, a copy of the | ||||||
13 | letter outlining the reasons for
the refusal.
| ||||||
14 | (c) Subject to the above provisions, the Board shall not | ||||||
15 | disclose any
information which would be barred by:
| ||||||
16 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
17 | (2) The statutes, rules, regulations or | ||||||
18 | intergovernmental agreements
of any jurisdiction.
| ||||||
19 | (d) The Board may assess fees for the copying of | ||||||
20 | information in
accordance with Section 6 of the Freedom of | ||||||
21 | Information Act.
| ||||||
22 | (Source: P.A. 87-826.)
| ||||||
23 | (230 ILCS 10/5.2 new)
| ||||||
24 | Sec. 5.2. Separation from Department of Revenue. On the | ||||||
25 | effective date of this amendatory Act of the 96th General |
| |||||||
| |||||||
1 | Assembly, all of the powers, duties, assets, liabilities, | ||||||
2 | employees, contracts, property, records, pending business, and | ||||||
3 | unexpended appropriations of the Department of Revenue related | ||||||
4 | to the administration and enforcement of this Act are | ||||||
5 | transferred to the Illinois Gaming Board. | ||||||
6 | The status and rights of the transferred employees, and the | ||||||
7 | rights of the State of Illinois and its agencies, under the | ||||||
8 | Personnel Code and applicable collective bargaining agreements | ||||||
9 | or under any pension, retirement, or annuity plan are not | ||||||
10 | affected (except as provided in Sections 14-110 and 18-127 of | ||||||
11 | the Illinois Pension Code) by that transfer or by any other | ||||||
12 | provision of this amendatory Act of the 96th General Assembly.
| ||||||
13 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
14 | Sec. 6. Application for Owners License.
| ||||||
15 | (a) A qualified person may
apply to the Board for an owners | ||||||
16 | license to
conduct a riverboat gambling operation as provided | ||||||
17 | in this Act. The
application shall be made on forms provided by | ||||||
18 | the Board and shall contain
such information as the Board | ||||||
19 | prescribes, including but not limited to the
identity of the | ||||||
20 | riverboat on which such gambling operation is to be
conducted | ||||||
21 | and the exact location where such riverboat will be docked, a
| ||||||
22 | certification that the riverboat will be registered under this | ||||||
23 | Act at all
times during which gambling operations are conducted | ||||||
24 | on board, detailed
information regarding the ownership and | ||||||
25 | management of the applicant, and
detailed personal information |
| |||||||
| |||||||
1 | regarding the applicant. Any application for an
owners license | ||||||
2 | to be re-issued on or after June 1, 2003 shall also
include the | ||||||
3 | applicant's license bid in a form prescribed by the Board.
| ||||||
4 | Information
provided on the application shall be used as a | ||||||
5 | basis for a thorough
background investigation which the Board | ||||||
6 | shall conduct with respect to each
applicant. An incomplete | ||||||
7 | application shall be cause for denial of a license
by the | ||||||
8 | Board.
| ||||||
9 | (b) Applicants shall submit with their application all | ||||||
10 | documents,
resolutions, and letters of support from the | ||||||
11 | governing body that represents
the municipality or county | ||||||
12 | wherein the licensee will dock.
| ||||||
13 | (c) Each applicant shall disclose the identity of every | ||||||
14 | person,
association, trust or corporation having a greater than | ||||||
15 | 1% direct or
indirect pecuniary interest in the riverboat | ||||||
16 | gambling operation with
respect to which the license is sought. | ||||||
17 | If the disclosed entity is a
trust, the application shall | ||||||
18 | disclose the names and addresses of the
beneficiaries; if a | ||||||
19 | corporation, the names and
addresses of all stockholders and | ||||||
20 | directors; if a partnership, the names
and addresses of all | ||||||
21 | partners, both general and limited.
| ||||||
22 | (d) An application shall be filed and considered in | ||||||
23 | accordance with the rules of the Board with the Board by | ||||||
24 | January 1 of the
year preceding any calendar year for which an | ||||||
25 | applicant seeks an owners
license; however, applications for an | ||||||
26 | owners license permitting
operations on January 1, 1991 shall |
| |||||||
| |||||||
1 | be filed by July 1, 1990 . An
application fee of $50,000 shall | ||||||
2 | be paid at the time of filing
to defray the costs associated | ||||||
3 | with the
background investigation conducted by the Board. If | ||||||
4 | the costs of the
investigation exceed $50,000, the applicant | ||||||
5 | shall pay the additional amount
to the Board. If the costs of | ||||||
6 | the investigation are less than $50,000, the
applicant shall | ||||||
7 | receive a refund of the remaining amount. All
information, | ||||||
8 | records, interviews, reports, statements, memoranda or other
| ||||||
9 | data supplied to or used by the Board in the course of its | ||||||
10 | review or
investigation of an application for a license under | ||||||
11 | this Act shall be
privileged, strictly confidential and shall | ||||||
12 | be used only for the purpose of
evaluating an applicant. Such | ||||||
13 | information, records, interviews, reports,
statements, | ||||||
14 | memoranda or other data shall not be admissible as evidence,
| ||||||
15 | nor discoverable in any action of any kind in any court or | ||||||
16 | before any
tribunal, board, agency or person, except for any | ||||||
17 | action deemed necessary
by the Board.
| ||||||
18 | (e) The Board shall charge each applicant a fee set by the | ||||||
19 | Department of
State Police to defray the costs associated with | ||||||
20 | the search and
classification of fingerprints obtained by the | ||||||
21 | Board with respect to the
applicant's application. These fees | ||||||
22 | shall be paid into the State Police
Services Fund.
| ||||||
23 | (f) The licensed owner shall be the person primarily | ||||||
24 | responsible for the
boat itself. Only one riverboat gambling | ||||||
25 | operation may be authorized
by the Board on any riverboat. The | ||||||
26 | applicant must identify each riverboat
it intends to use and |
| |||||||
| |||||||
1 | certify that the riverboat: (1) has the authorized
capacity | ||||||
2 | required in this Act; (2) is accessible to disabled persons; | ||||||
3 | and
(3) is fully registered and licensed in accordance
with any | ||||||
4 | applicable laws.
| ||||||
5 | (g) A person who knowingly makes a false statement on an | ||||||
6 | application is
guilty of a Class A misdemeanor.
| ||||||
7 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
8 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
9 | Sec. 7. Owners Licenses.
| ||||||
10 | (a) The Board shall issue owners licenses to persons, firms | ||||||
11 | or
corporations which apply for such licenses upon payment to | ||||||
12 | the Board of the
non-refundable license fee set by the Board, | ||||||
13 | upon payment of a $25,000
license fee for the first year of | ||||||
14 | operation and a $5,000 license fee for
each succeeding year and | ||||||
15 | upon a determination by the Board that the
applicant is | ||||||
16 | eligible for an owners license pursuant to this Act and the
| ||||||
17 | rules of the Board. From the effective date of this amendatory | ||||||
18 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
19 | effective date of this amendatory Act of the 95th General | ||||||
20 | Assembly, (ii) the date any organization licensee begins to | ||||||
21 | operate a slot machine or video game of chance under the | ||||||
22 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
23 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
24 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
25 | Act is increased by law to reflect a tax rate that is at least |
| |||||||
| |||||||
1 | as stringent or more stringent than the tax rate contained in | ||||||
2 | subsection (a-3) of Section 13, whichever occurs first, as a | ||||||
3 | condition of licensure and as an alternative source of payment | ||||||
4 | for those funds payable under subsection (c-5) of Section 13 of | ||||||
5 | the Riverboat Gambling Act, any owners licensee that holds or | ||||||
6 | receives its owners license on or after the effective date of | ||||||
7 | this 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 | The payments required under this Section shall be made by the | ||||||
14 | owners licensee to the State Treasurer no later than 3:00 | ||||||
15 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
16 | receipts were received by the owners licensee. A person, firm | ||||||
17 | or corporation is ineligible to receive
an owners 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) a person defined in (1), (2), (3) or (4) is an |
| |||||||
| |||||||
1 | officer, director or
managerial employee of the firm or | ||||||
2 | corporation;
| ||||||
3 | (6) the firm or corporation employs a person defined in | ||||||
4 | (1), (2), (3) or
(4) who participates in the management or | ||||||
5 | operation of gambling operations
authorized under this | ||||||
6 | Act;
| ||||||
7 | (7) (blank); or
| ||||||
8 | (8) a license of the person, firm or corporation issued | ||||||
9 | under
this Act, or a license to own or operate gambling | ||||||
10 | facilities
in any other jurisdiction, has been revoked.
| ||||||
11 | The Board is expressly prohibited from making changes to | ||||||
12 | the requirement that licensees make payment into the Horse | ||||||
13 | Racing Equity Trust Fund without the express authority of the | ||||||
14 | Illinois General Assembly and making any other rule to | ||||||
15 | implement or interpret this amendatory Act of the 95th General | ||||||
16 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
17 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
18 | Administrative Procedure Act. | ||||||
19 | (b) In determining whether to grant an owners license to an | ||||||
20 | applicant, the
Board shall consider:
| ||||||
21 | (1) the character, reputation, experience and | ||||||
22 | financial integrity of the
applicants and of any other or | ||||||
23 | separate person that either:
| ||||||
24 | (A) controls, directly or indirectly, such | ||||||
25 | applicant, or
| ||||||
26 | (B) is controlled, directly or indirectly, by such |
| |||||||
| |||||||
1 | applicant or by a
person which controls, directly or | ||||||
2 | indirectly, such applicant;
| ||||||
3 | (2) the facilities or proposed facilities for the | ||||||
4 | conduct of riverboat
gambling;
| ||||||
5 | (3) the highest prospective total revenue to be derived | ||||||
6 | by the State
from the conduct of riverboat gambling;
| ||||||
7 | (4) the extent to which the ownership of the applicant | ||||||
8 | reflects the
diversity of the State by including minority | ||||||
9 | persons , and females , and persons with a disability
and the | ||||||
10 | good faith affirmative action plan of
each applicant to | ||||||
11 | recruit, train and upgrade minority persons , and females , | ||||||
12 | and persons with a disability in all employment | ||||||
13 | classifications;
| ||||||
14 | (5) the financial ability of the applicant to purchase | ||||||
15 | and maintain
adequate liability and casualty insurance;
| ||||||
16 | (6) whether the applicant has adequate capitalization | ||||||
17 | to provide and
maintain, for the duration of a license, a | ||||||
18 | riverboat;
| ||||||
19 | (7) the extent to which the applicant exceeds or meets | ||||||
20 | other standards
for the issuance of an owners license which | ||||||
21 | the Board may adopt by rule;
and
| ||||||
22 | (8) The amount of the applicant's license bid.
| ||||||
23 | (c) Each owners license shall specify the place where | ||||||
24 | riverboats shall
operate and dock.
| ||||||
25 | (d) Each applicant shall submit with his application, on | ||||||
26 | forms
provided by the Board, 2 sets of his fingerprints.
|
| |||||||
| |||||||
1 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
2 | holders of such
licenses to own riverboats. In the application | ||||||
3 | for an owners license, the
applicant shall state the dock at | ||||||
4 | which the riverboat is based and the water
on which the | ||||||
5 | riverboat will be located. The Board shall issue 5 licenses to
| ||||||
6 | become effective not earlier than January 1, 1991. Three of | ||||||
7 | such licenses
shall authorize riverboat gambling on the | ||||||
8 | Mississippi River, or, with approval
by the municipality in | ||||||
9 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
10 | approval, be authorized to relocate to a new location,
in a
| ||||||
11 | municipality that (1) borders on the Mississippi River or is | ||||||
12 | within 5
miles of the city limits of a municipality that | ||||||
13 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
14 | had a riverboat conducting riverboat gambling operations | ||||||
15 | pursuant to
a license issued under this Act; one of which shall | ||||||
16 | authorize riverboat
gambling from a home dock in the city of | ||||||
17 | East St. Louis. One other license
shall
authorize riverboat | ||||||
18 | gambling on
the Illinois River south of Marshall County. The | ||||||
19 | Board shall issue one
additional license to become effective | ||||||
20 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
21 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
22 | issue 4 additional licenses to become effective not
earlier | ||||||
23 | than
March 1, 1992. In determining the water upon which | ||||||
24 | riverboats will operate,
the Board shall consider the economic | ||||||
25 | benefit which riverboat gambling confers
on the State, and | ||||||
26 | shall seek to assure that all regions of the State share
in the |
| |||||||
| |||||||
1 | economic benefits of riverboat gambling.
| ||||||
2 | In granting all licenses, the Board may give favorable | ||||||
3 | consideration to
economically depressed areas of the State, to | ||||||
4 | applicants presenting plans
which provide for significant | ||||||
5 | economic development over a large geographic
area, and to | ||||||
6 | applicants who currently operate non-gambling riverboats in
| ||||||
7 | Illinois.
The Board shall review all applications for owners | ||||||
8 | licenses,
and shall inform each applicant of the Board's | ||||||
9 | decision.
The Board may grant an owners license to an
applicant | ||||||
10 | that has not submitted the highest license bid, but if it does | ||||||
11 | not
select the highest bidder, the Board shall issue a written | ||||||
12 | decision explaining
why another
applicant was selected and | ||||||
13 | identifying the factors set forth in this Section
that favored | ||||||
14 | the winning bidder.
| ||||||
15 | In addition to any other revocation powers granted to the | ||||||
16 | Board under this
Act,
the Board may revoke the owners license | ||||||
17 | of a licensee which fails
to begin conducting gambling within | ||||||
18 | 15 months
of receipt of the
Board's approval of the application | ||||||
19 | if the Board determines that license
revocation is in the best | ||||||
20 | interests of the State.
| ||||||
21 | (f) The first 10 owners licenses issued under this Act | ||||||
22 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
23 | thereon
for a period of 3 years after the effective date of the | ||||||
24 | license. Holders of
the first 10 owners licenses must pay the | ||||||
25 | annual license fee for each of
the 3
years during which they | ||||||
26 | are authorized to own riverboats.
|
| |||||||
| |||||||
1 | (g) Upon the termination, expiration, or revocation of each | ||||||
2 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
3 | period, all licenses are
renewable annually upon payment of the | ||||||
4 | fee and a determination by the Board
that the licensee | ||||||
5 | continues to meet all of the requirements of this Act and the
| ||||||
6 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
7 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
8 | Board sets a shorter period.
| ||||||
9 | (h) An owners license shall entitle the licensee to own up | ||||||
10 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
11 | participants to
1,200 for any such owners license.
A licensee | ||||||
12 | may operate both of its riverboats concurrently, provided that | ||||||
13 | the
total number of gambling participants on both riverboats | ||||||
14 | does not exceed
1,200. Riverboats licensed to operate on the
| ||||||
15 | Mississippi River and the Illinois River south of Marshall | ||||||
16 | County shall
have an authorized capacity of at least 500 | ||||||
17 | persons. Any other riverboat
licensed under this Act shall have | ||||||
18 | an authorized capacity of at least 400
persons.
| ||||||
19 | (i) A licensed owner is authorized to apply to the Board | ||||||
20 | for and, if
approved therefor, to receive all licenses from the | ||||||
21 | Board necessary for the
operation of a riverboat, including a | ||||||
22 | liquor license, a license
to prepare and serve food for human | ||||||
23 | consumption, and other necessary
licenses. All use, occupation | ||||||
24 | and excise taxes which apply to the sale of
food and beverages | ||||||
25 | in this State and all taxes imposed on the sale or use
of | ||||||
26 | tangible personal property apply to such sales aboard the |
| |||||||
| |||||||
1 | riverboat.
| ||||||
2 | (j) The Board may issue or re-issue a license authorizing a | ||||||
3 | riverboat to
dock
in a municipality or approve a relocation | ||||||
4 | under Section 11.2 only if, prior
to the issuance or | ||||||
5 | re-issuance of
the license or approval, the governing body of | ||||||
6 | the municipality in which
the riverboat will dock has by a | ||||||
7 | majority vote approved the docking of
riverboats in the | ||||||
8 | municipality. The Board may issue or re-issue a license
| ||||||
9 | authorizing a
riverboat to dock in areas of a county outside | ||||||
10 | any municipality or approve a
relocation under Section 11.2 | ||||||
11 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
12 | approval, the
governing body of the county has by a majority | ||||||
13 | vote approved of the docking of
riverboats within such areas.
| ||||||
14 | (Source: P.A. 94-667, eff. 8-23-05; 94-804, eff. 5-26-06; | ||||||
15 | 95-1008, eff. 12-15-08.)
| ||||||
16 | (230 ILCS 10/9) (from Ch. 120, par. 2409)
| ||||||
17 | Sec. 9. Occupational licenses.
| ||||||
18 | (a) The Board may issue an occupational license to an | ||||||
19 | applicant upon the
payment of a non-refundable fee set by the | ||||||
20 | Board, upon a determination by
the Board that the applicant is | ||||||
21 | eligible for an occupational license and
upon payment of an | ||||||
22 | annual license fee in an amount to be established. To
be | ||||||
23 | eligible for an occupational license, an applicant must:
| ||||||
24 | (1) be at least 21 years of age if the applicant will | ||||||
25 | perform any
function involved in gaming by patrons. Any |
| |||||||
| |||||||
1 | applicant seeking an
occupational license for a non-gaming | ||||||
2 | function shall be at least 18 years
of age;
| ||||||
3 | (2) not have been convicted of a felony offense, a | ||||||
4 | violation of Article
28 of the Criminal Code of 1961, or a | ||||||
5 | similar statute of any other
jurisdiction , or a crime | ||||||
6 | involving dishonesty or moral turpitude ;
| ||||||
7 | (2.5) not have been convicted of a crime, other than a | ||||||
8 | crime described in item (2) of this subsection (a), | ||||||
9 | involving dishonesty or moral turpitude, except that the | ||||||
10 | Board may, in its discretion, issue an occupational license | ||||||
11 | to a person who has been convicted of a crime described in | ||||||
12 | this item (2.5) more than 10 years prior to his or her | ||||||
13 | application and has not subsequently been convicted of any | ||||||
14 | other crime;
| ||||||
15 | (3) have demonstrated a level of skill or knowledge | ||||||
16 | which the Board
determines to be necessary in order to | ||||||
17 | operate gambling aboard a riverboat; and
| ||||||
18 | (4) have met standards for the holding of an | ||||||
19 | occupational license as
adopted by rules of the Board. Such | ||||||
20 | rules shall provide that any person or
entity seeking an | ||||||
21 | occupational license to manage gambling operations
| ||||||
22 | hereunder shall be subject to background inquiries and | ||||||
23 | further requirements
similar to those required of | ||||||
24 | applicants for an owners license.
Furthermore, such rules | ||||||
25 | shall provide that each such entity shall be
permitted to | ||||||
26 | manage gambling operations for only one licensed owner.
|
| |||||||
| |||||||
1 | (b) Each application for an occupational license shall be | ||||||
2 | on forms
prescribed by the Board and shall contain all | ||||||
3 | information required by the
Board. The applicant shall set | ||||||
4 | forth in the application: whether he has been
issued prior | ||||||
5 | gambling related licenses; whether he has been licensed in any
| ||||||
6 | other state under any other name, and, if so, such name and his | ||||||
7 | age; and
whether or not a permit or license issued to him in | ||||||
8 | any other state has
been suspended, restricted or revoked, and, | ||||||
9 | if so, for what period of time.
| ||||||
10 | (c) Each applicant shall submit with his application, on | ||||||
11 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
12 | Board shall charge each
applicant a fee set by the Department | ||||||
13 | of State Police to defray the costs
associated with the search | ||||||
14 | and classification of fingerprints obtained by
the Board with | ||||||
15 | respect to the applicant's application. These fees shall be
| ||||||
16 | paid into the State Police Services Fund.
| ||||||
17 | (d) The Board may in its discretion refuse an occupational | ||||||
18 | license to
any person: (1) who is unqualified to perform the | ||||||
19 | duties required of such
applicant; (2) who fails to disclose or | ||||||
20 | states falsely any information
called for in the application; | ||||||
21 | (3) who has been found guilty of a
violation of this Act or | ||||||
22 | whose prior gambling related license or
application therefor | ||||||
23 | has been suspended, restricted, revoked or denied for
just | ||||||
24 | cause in any other state; or (4) for any other just cause.
| ||||||
25 | (e) The Board may suspend, revoke or restrict any | ||||||
26 | occupational licensee:
(1) for violation of any provision of |
| |||||||
| |||||||
1 | this Act; (2) for violation of any
of the rules and regulations | ||||||
2 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
3 | would have disqualified the applicant from receiving
such | ||||||
4 | license; or (4) for default in the payment of any obligation or | ||||||
5 | debt
due to the State of Illinois; or (5) for any other just | ||||||
6 | cause.
| ||||||
7 | (f) A person who knowingly makes a false statement on an | ||||||
8 | application is
guilty of a Class A misdemeanor.
| ||||||
9 | (g) Any license issued pursuant to this Section shall be | ||||||
10 | valid for a
period of one year from the date of issuance.
| ||||||
11 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
12 | licensed
owner from entering into an agreement with a public | ||||||
13 | community college or a school approved under the
Private | ||||||
14 | Business and Vocational Schools Act for the training of any
| ||||||
15 | occupational licensee. Any training offered by such a school | ||||||
16 | shall be in
accordance with a written agreement between the | ||||||
17 | licensed owner and the school.
| ||||||
18 | (i) Any training provided for occupational licensees may be | ||||||
19 | conducted
either on the riverboat or at a school with which a | ||||||
20 | licensed owner has
entered into an agreement pursuant to | ||||||
21 | subsection (h).
| ||||||
22 | (Source: P.A. 86-1029; 87-826.)
| ||||||
23 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
24 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
25 | licensed owners or licensed managers on behalf
of the State |
| |||||||
| |||||||
1 | aboard riverboats,
subject to the following standards:
| ||||||
2 | (1) A licensee may conduct riverboat gambling | ||||||
3 | authorized under this Act
regardless of whether it conducts | ||||||
4 | excursion cruises. A licensee may permit
the continuous | ||||||
5 | ingress and egress of passengers on a riverboat not used | ||||||
6 | for excursion cruises for the purpose of gambling. | ||||||
7 | Excursion cruises shall not exceed 4 hours for a round | ||||||
8 | trip. However, the Board may grant express approval for an | ||||||
9 | extended cruise on a case-by-case basis.
| ||||||
10 | (2) (Blank).
| ||||||
11 | (3) Minimum and maximum wagers on games shall be set by | ||||||
12 | the licensee.
| ||||||
13 | (4) Agents of the Board and the Department of State | ||||||
14 | Police may board
and inspect any riverboat at any time for | ||||||
15 | the purpose of determining
whether this Act is being | ||||||
16 | complied with. Every riverboat, if under way and
being | ||||||
17 | hailed by a law enforcement officer or agent of the Board, | ||||||
18 | must stop
immediately and lay to.
| ||||||
19 | (5) Employees of the Board shall have the right to be | ||||||
20 | present on the
riverboat or on adjacent facilities under | ||||||
21 | the control of the licensee.
| ||||||
22 | (6) Gambling equipment and supplies customarily used | ||||||
23 | in conducting
riverboat gambling must be purchased or | ||||||
24 | leased only from suppliers licensed
for such purpose under | ||||||
25 | this Act. The Board may approve the transfer, sale, or | ||||||
26 | lease of gambling equipment and supplies by a licensed |
| |||||||
| |||||||
1 | owner from or to an affiliate of the licensed owner as long | ||||||
2 | as the gambling equipment and supplies were initially | ||||||
3 | acquired from a supplier licensed in Illinois.
| ||||||
4 | (7) Persons licensed under this Act shall permit no | ||||||
5 | form of wagering on
gambling games except as permitted by | ||||||
6 | this Act.
| ||||||
7 | (8) Wagers may be received only from a person present | ||||||
8 | on a licensed
riverboat. No person present on a licensed | ||||||
9 | riverboat shall place
or attempt to place a wager on behalf | ||||||
10 | of another person who is not present
on the riverboat.
| ||||||
11 | (9) Wagering shall not be conducted with money or other | ||||||
12 | negotiable
currency.
| ||||||
13 | (10) A person under age 21 shall not be permitted on an | ||||||
14 | area of a
riverboat where gambling is being conducted, | ||||||
15 | except for a person at least
18 years of age who is an | ||||||
16 | employee of the riverboat gambling operation. No
employee | ||||||
17 | under age 21 shall perform any function involved in | ||||||
18 | gambling by
the patrons. No person under age 21 shall be | ||||||
19 | permitted to make a wager under
this Act , and any winnings | ||||||
20 | that are a result of a wager by a person under age 21, | ||||||
21 | whether or not paid by a licensee, shall be treated as | ||||||
22 | winnings for the privilege tax purposes, confiscated, and | ||||||
23 | forfeited to the State and deposited into the Education | ||||||
24 | Assistance Fund .
| ||||||
25 | (11) Gambling excursion cruises are permitted only | ||||||
26 | when the waterway for
which the riverboat is licensed is |
| |||||||
| |||||||
1 | navigable, as determined by
the Board in consultation with | ||||||
2 | the U.S. Army Corps of Engineers.
This paragraph (11) does | ||||||
3 | not limit the ability of a licensee to conduct
gambling | ||||||
4 | authorized under this Act when gambling excursion cruises | ||||||
5 | are not
permitted.
| ||||||
6 | (12) All tokens, chips or electronic cards used to make | ||||||
7 | wagers must be
purchased from a licensed owner or manager | ||||||
8 | either aboard a riverboat or at
an onshore
facility which | ||||||
9 | has been approved by the Board and which is located where
| ||||||
10 | the riverboat docks. The tokens, chips or electronic cards | ||||||
11 | may be
purchased by means of an agreement under which the | ||||||
12 | owner or manager extends
credit to
the patron. Such tokens, | ||||||
13 | chips or electronic cards may be used
while aboard the | ||||||
14 | riverboat only for the purpose of making wagers on
gambling | ||||||
15 | games.
| ||||||
16 | (13) Notwithstanding any other Section of this Act, in | ||||||
17 | addition to the
other licenses authorized under this Act, | ||||||
18 | the Board may issue special event
licenses allowing persons | ||||||
19 | who are not otherwise licensed to conduct
riverboat | ||||||
20 | gambling to conduct such gambling on a specified date or | ||||||
21 | series
of dates. Riverboat gambling under such a license | ||||||
22 | may take place on a
riverboat not normally used for | ||||||
23 | riverboat gambling. The Board shall
establish standards, | ||||||
24 | fees and fines for, and limitations upon, such
licenses, | ||||||
25 | which may differ from the standards, fees, fines and | ||||||
26 | limitations
otherwise applicable under this Act. All such |
| |||||||
| |||||||
1 | fees shall be deposited into
the State Gaming Fund. All | ||||||
2 | such fines shall be deposited into the
Education Assistance | ||||||
3 | Fund, created by Public Act 86-0018, of the State
of | ||||||
4 | Illinois.
| ||||||
5 | (14) In addition to the above, gambling must be | ||||||
6 | conducted in accordance
with all rules adopted by the | ||||||
7 | Board.
| ||||||
8 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
9 | (230 ILCS 10/12) (from Ch. 120, par. 2412)
| ||||||
10 | Sec. 12. Admission tax; fees.
| ||||||
11 | (a) A tax is hereby imposed upon admissions to riverboats | ||||||
12 | operated by
licensed owners authorized pursuant to this Act. | ||||||
13 | Until July 1, 2002, the
rate is $2 per person admitted. From | ||||||
14 | July 1, 2002 until
July 1, 2003, the rate is $3 per person | ||||||
15 | admitted.
From July 1, 2003 until August 23, 2005 ( the | ||||||
16 | effective date of Public Act 94-673) this amendatory Act of the | ||||||
17 | 94th General Assembly , for a licensee that admitted 1,000,000 | ||||||
18 | persons or
fewer in the previous calendar year, the rate is $3 | ||||||
19 | per person admitted; for a
licensee that admitted more than | ||||||
20 | 1,000,000 but no more than 2,300,000 persons
in the previous | ||||||
21 | calendar year, the rate is $4 per person admitted; and for
a | ||||||
22 | licensee that admitted more than 2,300,000 persons in the | ||||||
23 | previous calendar
year, the rate is $5 per person admitted.
| ||||||
24 | From August 23, 2005 ( Beginning on the effective date of Public | ||||||
25 | Act 94-673) until the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | the 96th General Assembly this amendatory Act of the 94th | ||||||
2 | General Assembly , for a licensee that admitted 1,000,000 | ||||||
3 | persons or
fewer in calendar year 2004, the rate is $2 per | ||||||
4 | person admitted, and for all other
licensees the rate is $3 per | ||||||
5 | person admitted.
Beginning on the effective date of this | ||||||
6 | amendatory Act of the 96th General Assembly, the rate is $3 per | ||||||
7 | person admitted for all owners licensees. This admission tax is | ||||||
8 | imposed upon the
licensed owner conducting gambling.
| ||||||
9 | (1) The admission tax shall be paid for each admission, | ||||||
10 | except that a person who exits a riverboat gambling | ||||||
11 | facility and reenters that riverboat gambling facility | ||||||
12 | within the same gaming day shall be subject only to the | ||||||
13 | initial admission tax.
| ||||||
14 | (2) (Blank).
| ||||||
15 | (3) The riverboat licensee may issue tax-free passes to
| ||||||
16 | actual and necessary officials and employees of the | ||||||
17 | licensee or other
persons actually working on the | ||||||
18 | riverboat.
| ||||||
19 | (4) The number and issuance of tax-free passes is | ||||||
20 | subject to the rules
of the Board, and a list of all | ||||||
21 | persons to whom the tax-free passes are
issued shall be | ||||||
22 | filed with the Board.
| ||||||
23 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
24 | licensed
managers on behalf of the State pursuant to Section | ||||||
25 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
26 | licensee that
admitted 1,000,000 persons or fewer in the |
| |||||||
| |||||||
1 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
2 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
3 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
4 | per person admitted; and for
a licensee that admitted more than | ||||||
5 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
6 | per person admitted.
| ||||||
7 | (1) The admission fee shall be paid for each admission.
| ||||||
8 | (2) (Blank).
| ||||||
9 | (3) The licensed manager may issue fee-free passes to | ||||||
10 | actual and necessary
officials and employees of the manager | ||||||
11 | or other persons actually working on the
riverboat.
| ||||||
12 | (4) The number and issuance of fee-free passes is | ||||||
13 | subject to the rules
of the Board, and a list of all | ||||||
14 | persons to whom the fee-free passes are
issued shall be | ||||||
15 | filed with the Board.
| ||||||
16 | (b) From the tax imposed under subsection (a) and the fee | ||||||
17 | imposed under
subsection (a-5), a municipality shall receive | ||||||
18 | from the State $1 for each
person embarking on a riverboat | ||||||
19 | docked within the municipality, and a county
shall receive $1 | ||||||
20 | for each person embarking on a riverboat docked within the
| ||||||
21 | county but outside the boundaries of any municipality. The | ||||||
22 | municipality's or
county's share shall be collected by the | ||||||
23 | Board on behalf of the State and
remitted quarterly by the | ||||||
24 | State, subject to appropriation, to the treasurer of
the unit | ||||||
25 | of local government for deposit in the general fund.
| ||||||
26 | (c) The licensed owner shall pay the entire admission tax |
| |||||||
| |||||||
1 | to the Board and
the licensed manager shall pay the entire | ||||||
2 | admission fee to the Board.
Such payments shall be made daily. | ||||||
3 | Accompanying each payment shall be a
return on forms provided | ||||||
4 | by the Board which shall include other
information regarding | ||||||
5 | admissions as the Board may require. Failure to
submit either | ||||||
6 | the payment or the return within the specified time may
result | ||||||
7 | in suspension or revocation of the owners or managers license.
| ||||||
8 | (d) The Board shall administer and collect the admission | ||||||
9 | tax imposed by
this Section, to the extent practicable, in a | ||||||
10 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
11 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
12 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
13 | Penalty and Interest Act.
| ||||||
14 | (Source: P.A. 94-673, eff. 8-23-05; 95-663, eff. 10-11-07.)
| ||||||
15 | (230 ILCS 10/12.1 new)
| ||||||
16 | Sec. 12.1. Assessments for administration and enforcement. | ||||||
17 | Not later than March 31 of each year, the Board shall compute | ||||||
18 | its total estimated costs for the forthcoming State fiscal | ||||||
19 | year. As used in this Section, "total estimated costs" includes | ||||||
20 | all costs incurred by the Board for administration and | ||||||
21 | enforcement of the Act, except that "total estimated costs" | ||||||
22 | shall not include costs incurred by the Board in connection | ||||||
23 | with either of the following: (1) application for a new or | ||||||
24 | re-issued owner license or (2) regulation of an owner licensee | ||||||
25 | that has not conducted gaming operations during the entire |
| |||||||
| |||||||
1 | calendar year preceding the date of the Board's computation of | ||||||
2 | total estimated costs. Owner licensees shall be liable for | ||||||
3 | assessments that, in the aggregate, fully cover the Board's | ||||||
4 | total estimated costs for the forthcoming State fiscal year. | ||||||
5 | The assessment for each riverboat shall be prorated according | ||||||
6 | to the adjusted gross receipts of the riverboat during the | ||||||
7 | calendar year preceding the date of the Board's computation of | ||||||
8 | total estimated costs. A riverboat that has not conducted | ||||||
9 | gaming operations during the entire calendar year preceding the | ||||||
10 | date of the Board's computation of total estimated costs shall | ||||||
11 | not be liable for an assessment. If the Board determines that | ||||||
12 | there will be a shortfall in monies available to the Board to | ||||||
13 | cover its total estimated costs, the Board shall collect the | ||||||
14 | estimated shortfall amount from the owner licensees liable for | ||||||
15 | assessments, prorating the amount collected from each owner | ||||||
16 | licensee according to the adjusted gross receipts of the owner | ||||||
17 | licensee during the calendar year preceding the date of the | ||||||
18 | Board's computation of total estimated costs. All assessments | ||||||
19 | under this Section shall be deposited into a special fund in | ||||||
20 | the State Treasury to be known as the Gaming Administration and | ||||||
21 | Enforcement Fund. Moneys in this Fund shall be appropriated | ||||||
22 | solely for the administration and enforcement of this Act. | ||||||
23 | Moneys remaining in the Gaming Administration and Enforcement | ||||||
24 | Fund at the end of a State fiscal year shall be credited in | ||||||
25 | full to the next assessment paid by the owner licensees, | ||||||
26 | prorating the amount of the credit to which each owner licensee |
| |||||||
| |||||||
1 | is entitled according to the licensee's adjusted gross receipts | ||||||
2 | during the calendar year preceding the end of that State fiscal | ||||||
3 | year. Costs incurred by the Board for the administration and | ||||||
4 | enforcement of the Act that are not part of the Board's total | ||||||
5 | estimated costs shall be paid out of moneys appropriated to the | ||||||
6 | Board from the State Gaming Fund. The Board shall compute total | ||||||
7 | estimated costs according to a methodology developed and | ||||||
8 | codified into rule by the Board. The Board shall adopt | ||||||
9 | schedules of payments due under this Section by rule.
| ||||||
10 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
11 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
12 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
13 | gross
receipts received from gambling games authorized under | ||||||
14 | this Act at the rate of
20%.
| ||||||
15 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
16 | tax is
imposed on persons engaged in the business of conducting | ||||||
17 | riverboat gambling
operations, based on the adjusted gross | ||||||
18 | receipts received by a licensed owner
from gambling games | ||||||
19 | authorized under this Act at the following rates:
| ||||||
20 | 15% of annual adjusted gross receipts up to and | ||||||
21 | including $25,000,000;
| ||||||
22 | 20% of annual adjusted gross receipts in excess of | ||||||
23 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
24 | 25% of annual adjusted gross receipts in excess of | ||||||
25 | $50,000,000 but not
exceeding $75,000,000;
|
| |||||||
| |||||||
1 | 30% of annual adjusted gross receipts in excess of | ||||||
2 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
3 | 35% of annual adjusted gross receipts in excess of | ||||||
4 | $100,000,000.
| ||||||
5 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
6 | is imposed on
persons engaged in the business of conducting | ||||||
7 | riverboat gambling operations,
other than licensed managers | ||||||
8 | conducting riverboat gambling operations on behalf
of the | ||||||
9 | State, based on the adjusted gross receipts received by a | ||||||
10 | licensed
owner from gambling games authorized under this Act at | ||||||
11 | the following rates:
| ||||||
12 | 15% of annual adjusted gross receipts up to and | ||||||
13 | including $25,000,000;
| ||||||
14 | 22.5% of annual adjusted gross receipts in excess of | ||||||
15 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
16 | 27.5% of annual adjusted gross receipts in excess of | ||||||
17 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
18 | 32.5% of annual adjusted gross receipts in excess of | ||||||
19 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
20 | 37.5% of annual adjusted gross receipts in excess of | ||||||
21 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
22 | 45% of annual adjusted gross receipts in excess of | ||||||
23 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
24 | 50% of annual adjusted gross receipts in excess of | ||||||
25 | $200,000,000.
| ||||||
26 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
| |||||||
| |||||||
1 | persons engaged
in the business of conducting riverboat | ||||||
2 | gambling operations, other than
licensed managers conducting | ||||||
3 | riverboat gambling operations on behalf of the
State, based on | ||||||
4 | the adjusted gross receipts received by a licensed owner from
| ||||||
5 | gambling games authorized under this Act at the following | ||||||
6 | rates:
| ||||||
7 | 15% of annual adjusted gross receipts up to and | ||||||
8 | including $25,000,000;
| ||||||
9 | 27.5% of annual adjusted gross receipts in excess of | ||||||
10 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
11 | 32.5% of annual adjusted gross receipts in excess of | ||||||
12 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
13 | 37.5% of annual adjusted gross receipts in excess of | ||||||
14 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
15 | 45% of annual adjusted gross receipts in excess of | ||||||
16 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
17 | 50% of annual adjusted gross receipts in excess of | ||||||
18 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
19 | 70% of annual adjusted gross receipts in excess of | ||||||
20 | $250,000,000.
| ||||||
21 | An amount equal to the amount of wagering taxes collected | ||||||
22 | under this
subsection (a-3) that are in addition to the amount | ||||||
23 | of wagering taxes that
would have been collected if the | ||||||
24 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
25 | be paid into the Common School Fund.
| ||||||
26 | The privilege tax imposed under this subsection (a-3) shall |
| |||||||
| |||||||
1 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
2 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
3 | gambling operations are conducted
pursuant to a dormant | ||||||
4 | license; or (iii) the first day that riverboat gambling
| ||||||
5 | operations are conducted under the authority of an owners | ||||||
6 | license that is in
addition to the 10 owners licenses initially | ||||||
7 | authorized under this Act.
For the purposes of this subsection | ||||||
8 | (a-3), the term "dormant license"
means an owners license that | ||||||
9 | is authorized by this Act under which no
riverboat gambling | ||||||
10 | operations are being conducted on June 20, 2003.
| ||||||
11 | (a-4) Beginning on the first day on which the tax imposed | ||||||
12 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
13 | imposed on persons
engaged in the business of conducting | ||||||
14 | riverboat gambling operations, other
than licensed managers | ||||||
15 | conducting riverboat gambling operations on behalf of
the | ||||||
16 | State, based on the adjusted gross receipts received by a | ||||||
17 | licensed owner
from gambling games authorized under this Act at | ||||||
18 | the following rates:
| ||||||
19 | 15% of annual adjusted gross receipts up to and | ||||||
20 | including $25,000,000;
| ||||||
21 | 22.5% of annual adjusted gross receipts in excess of | ||||||
22 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
23 | 27.5% of annual adjusted gross receipts in excess of | ||||||
24 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
25 | 32.5% of annual adjusted gross receipts in excess of | ||||||
26 | $75,000,000 but not
exceeding $100,000,000;
|
| |||||||
| |||||||
1 | 37.5% of annual adjusted gross receipts in excess of | ||||||
2 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
3 | 45% of annual adjusted gross receipts in excess of | ||||||
4 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
5 | 50% of annual adjusted gross receipts in excess of | ||||||
6 | $200,000,000.
| ||||||
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 to the Board not later than 5:00 3:00 | ||||||
12 | o'clock p.m. of the day after the day
when the wagers were | ||||||
13 | made.
| ||||||
14 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
15 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
16 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
17 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
18 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
19 | the payment of all amounts otherwise due under this Section, | ||||||
20 | pay to the Board a reconciliation payment in the amount, if | ||||||
21 | any, by which the licensed owner's base amount exceeds the | ||||||
22 | amount of net privilege tax paid by the licensed owner to the | ||||||
23 | Board in the then current State fiscal year. A licensed owner's | ||||||
24 | net privilege tax obligation due for the balance of the State | ||||||
25 | fiscal year shall be reduced up to the total of the amount paid | ||||||
26 | by the licensed owner in its June 15 reconciliation payment. |
| |||||||
| |||||||
1 | The obligation imposed by this subsection (a-15) is binding on | ||||||
2 | any person, firm, corporation, or other entity that acquires an | ||||||
3 | ownership interest in any such owners license. The obligation | ||||||
4 | imposed under this subsection (a-15) terminates on the earliest | ||||||
5 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
6 | date of this amendatory Act of the 94th General Assembly that | ||||||
7 | riverboat gambling operations are conducted pursuant to a | ||||||
8 | dormant license, (iii) the first day that riverboat gambling | ||||||
9 | operations are conducted under the authority of an owners | ||||||
10 | license that is in addition to the 10 owners licenses initially | ||||||
11 | authorized under this Act, or (iv) the first day that a | ||||||
12 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
13 | gaming operations with slot machines or other electronic gaming | ||||||
14 | devices. The Board must reduce the obligation imposed under | ||||||
15 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
16 | for any of the following reasons: (A) an act or acts of God, | ||||||
17 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
18 | terrorism threat that was investigated by a law enforcement | ||||||
19 | agency, or (C) a condition beyond the control of the owners | ||||||
20 | licensee that does not result from any act or omission by the | ||||||
21 | owners licensee or any of its agents and that poses a hazardous | ||||||
22 | threat to the health and safety of patrons. If an owners | ||||||
23 | licensee pays an amount in excess of its liability under this | ||||||
24 | Section, the Board shall apply the overpayment to future | ||||||
25 | payments required under this Section. | ||||||
26 | For purposes of this subsection (a-15): |
| |||||||
| |||||||
1 | "Act of God" means an incident caused by the operation of | ||||||
2 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
3 | avoided by the exercise of due care, and for which no person | ||||||
4 | can be held liable.
| ||||||
5 | "Base amount" means the following: | ||||||
6 | For a riverboat in Alton, $31,000,000.
| ||||||
7 | For a riverboat in East Peoria, $43,000,000.
| ||||||
8 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
9 | For a riverboat in Metropolis, $45,000,000.
| ||||||
10 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
11 | For a riverboat in Aurora, $86,000,000.
| ||||||
12 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
13 | For a riverboat in Elgin, $198,000,000.
| ||||||
14 | "Dormant license" has the meaning ascribed to it in | ||||||
15 | subsection (a-3).
| ||||||
16 | "Net privilege tax" means all privilege taxes paid by a | ||||||
17 | licensed owner to the Board under this Section, less all | ||||||
18 | payments made from the State Gaming Fund pursuant to subsection | ||||||
19 | (b) of this Section. | ||||||
20 | The changes made to this subsection (a-15) by Public Act | ||||||
21 | 94-839 are intended to restate and clarify the intent of Public | ||||||
22 | Act 94-673 with respect to the amount of the payments required | ||||||
23 | to be made under this subsection by an owners licensee to the | ||||||
24 | Board.
| ||||||
25 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
26 | in the State
Gaming Fund under this Section shall be paid, |
| |||||||
| |||||||
1 | subject to appropriation by the
General Assembly, to the unit | ||||||
2 | of local government which is designated as the
home dock of the | ||||||
3 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
4 | deposited in the State Gaming Fund under this Section, an | ||||||
5 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
6 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
7 | the General Assembly, to the unit of local government that
is | ||||||
8 | designated as the home dock of the riverboat. From the tax | ||||||
9 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
10 | riverboat gambling operations
conducted by a licensed manager | ||||||
11 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
12 | receipts generated pursuant to those riverboat gambling
| ||||||
13 | operations shall be paid monthly,
subject to appropriation by | ||||||
14 | the General Assembly, to the unit of local
government that is | ||||||
15 | designated as the home dock of the riverboat upon which
those | ||||||
16 | riverboat gambling operations are conducted.
| ||||||
17 | (c) Appropriations, as approved by the General Assembly, | ||||||
18 | may be made
from the State Gaming Fund to the Board (i) | ||||||
19 | Department of Revenue and the Department
of State Police for | ||||||
20 | the administration and enforcement of this Act, (ii) for | ||||||
21 | distribution to the Department of State Police and to the | ||||||
22 | Department of Revenue for the enforcement of this Act, and | ||||||
23 | (iii) or to the
Department of Human Services for the | ||||||
24 | administration of programs to treat
problem gambling.
| ||||||
25 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
26 | 94-804) and beginning on the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 95th General Assembly, unless any organization | ||||||
2 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
3 | operate a slot machine or video game of chance under the | ||||||
4 | Illinois Horse Racing Act of 1975 or this Act, after the | ||||||
5 | payments required under subsections (b) and (c) have been
made, | ||||||
6 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
7 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
8 | owners licensee
conducting riverboat gambling operations
| ||||||
9 | pursuant to an
owners license that is initially issued after | ||||||
10 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
11 | conducted by a licensed manager on behalf of the
State under | ||||||
12 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
13 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
14 | (c-10) Each year the General Assembly shall appropriate | ||||||
15 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
16 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
17 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
18 | (c-15) After the payments required under subsections (b), | ||||||
19 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
20 | adjusted gross receipts of (1)
an owners licensee that | ||||||
21 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
22 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
23 | license that is initially issued after June 25, 1999,
or (3) | ||||||
24 | the first
riverboat gambling operations conducted by a licensed | ||||||
25 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
26 | comes first, shall be paid, subject to appropriation
from the |
| |||||||
| |||||||
1 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
2 | county with a population of over 3,000,000 inhabitants for the | ||||||
3 | purpose of
enhancing the county's criminal justice system.
| ||||||
4 | (c-20) Each year the General Assembly shall appropriate | ||||||
5 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
6 | an amount equal to the amount
paid to each home rule county | ||||||
7 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
8 | subsection (c-15) in the prior calendar year.
| ||||||
9 | (c-25) After the payments required under subsections (b), | ||||||
10 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
11 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
12 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
13 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
14 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
15 | the first
riverboat gambling operations conducted by a licensed | ||||||
16 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
17 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
18 | Chicago State University.
| ||||||
19 | (d) From time to time, the
Board shall transfer the | ||||||
20 | remainder of the funds
generated by this Act into the Education
| ||||||
21 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
22 | Illinois.
| ||||||
23 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
24 | government
designated as the home dock of the riverboat from | ||||||
25 | entering into agreements
with other units of local government | ||||||
26 | in this State or in other states to
share its portion of the |
| |||||||
| |||||||
1 | tax revenue.
| ||||||
2 | (f) To the extent practicable, the Board shall administer | ||||||
3 | and collect the
wagering taxes imposed by this Section in a | ||||||
4 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
5 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
6 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
7 | Penalty and Interest Act.
| ||||||
8 | (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06; | ||||||
9 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-1008, eff. | ||||||
10 | 12-15-08.)
| ||||||
11 | (230 ILCS 10/15) (from Ch. 120, par. 2415)
| ||||||
12 | Sec. 15. Audit of Licensee Operations. Annually Within 90 | ||||||
13 | days after the end
of each quarter of each fiscal year , the | ||||||
14 | licensed owner or manager shall
transmit to the Board an audit | ||||||
15 | of the financial transactions
and condition of the licensee's | ||||||
16 | total operations. Additionally, within 90 days after the end of | ||||||
17 | each quarter of each fiscal year, the licensed owner or manager | ||||||
18 | shall transmit to the Board a compliance report on engagement | ||||||
19 | procedures determined by the Board. All audits and compliance | ||||||
20 | engagements shall be
conducted by certified public accountants | ||||||
21 | selected by the Board. Each
certified public accountant must be | ||||||
22 | registered in the State of
Illinois under the Illinois Public | ||||||
23 | Accounting Act.
The compensation for each certified public | ||||||
24 | accountant shall be paid
directly by the licensed owner or | ||||||
25 | manager to the certified public
accountant.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
2 | (230 ILCS 10/18) (from Ch. 120, par. 2418)
| ||||||
3 | Sec. 18. Prohibited Activities - Penalty.
| ||||||
4 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
5 | any of the
following:
| ||||||
6 | (1) Conducting gambling where wagering
is used or to be | ||||||
7 | used
without a license issued by the Board.
| ||||||
8 | (2) Conducting gambling where wagering
is permitted | ||||||
9 | other
than in the manner specified by Section 11.
| ||||||
10 | (b) A person is guilty of a Class B misdemeanor for doing | ||||||
11 | any of the
following:
| ||||||
12 | (1) permitting a person under 21 years to make a wager; | ||||||
13 | or
| ||||||
14 | (2) violating paragraph (12) of subsection (a) of | ||||||
15 | Section 11 of this Act.
| ||||||
16 | (c) A person wagering or accepting a wager at any location | ||||||
17 | outside the
riverboat is subject to the penalties in paragraphs | ||||||
18 | (1) or (2) of
subsection (a) of Section 28-1 of the Criminal | ||||||
19 | Code of 1961.
| ||||||
20 | (d) A person commits a Class 4 felony and, in addition, | ||||||
21 | shall be barred
for life from riverboats under the jurisdiction | ||||||
22 | of the
Board, if the person does any of the following:
| ||||||
23 | (1) Offers, promises, or gives anything of value or | ||||||
24 | benefit to a person
who is connected with a riverboat owner | ||||||
25 | including, but
not limited to, an officer or employee of a |
| |||||||
| |||||||
1 | licensed owner or holder of an
occupational license | ||||||
2 | pursuant to an agreement or arrangement or with the
intent | ||||||
3 | that the promise or thing of value or benefit will | ||||||
4 | influence the
actions of the person to whom the offer, | ||||||
5 | promise, or gift was made in order
to affect or attempt to | ||||||
6 | affect the outcome of a gambling game, or to
influence | ||||||
7 | official action of a member of the Board.
| ||||||
8 | (2) Solicits or knowingly accepts or receives a promise | ||||||
9 | of anything of
value or benefit while the person is | ||||||
10 | connected with a riverboat
including, but not limited to, | ||||||
11 | an officer or employee of a licensed owner,
or holder of an | ||||||
12 | occupational license, pursuant to an understanding or
| ||||||
13 | arrangement or with the intent that the promise or thing of | ||||||
14 | value or
benefit will influence the actions of the person | ||||||
15 | to affect or attempt to
affect the outcome of a gambling | ||||||
16 | game, or to influence official action of a
member of the | ||||||
17 | Board.
| ||||||
18 | (3) Uses or possesses with the intent to use a device | ||||||
19 | to assist:
| ||||||
20 | (i) In projecting the outcome of the game.
| ||||||
21 | (ii) In keeping track of the cards played.
| ||||||
22 | (iii) In analyzing the probability of the | ||||||
23 | occurrence of an event
relating to the gambling game.
| ||||||
24 | (iv) In analyzing the strategy for playing or | ||||||
25 | betting to be used in the
game except as permitted by | ||||||
26 | the Board.
|
| |||||||
| |||||||
1 | (4) Cheats at a gambling game.
| ||||||
2 | (5) Manufactures, sells, or distributes any cards, | ||||||
3 | chips, dice, game or
device which is intended to be used to | ||||||
4 | violate any provision of this Act.
| ||||||
5 | (6) Alters or misrepresents the outcome of a gambling | ||||||
6 | game on which
wagers have been made after the outcome is | ||||||
7 | made sure but before it is
revealed to the players.
| ||||||
8 | (7) Places a bet after acquiring knowledge, not | ||||||
9 | available to all players,
of the outcome of the gambling | ||||||
10 | game which is subject of the bet or to aid a
person in | ||||||
11 | acquiring the knowledge for the purpose of placing a bet
| ||||||
12 | contingent on that outcome.
| ||||||
13 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
14 | collect, or take,
money or anything of value in or from the | ||||||
15 | gambling games, with intent to
defraud, without having made | ||||||
16 | a wager contingent on winning a gambling game,
or claims, | ||||||
17 | collects, or takes an amount of money or thing of value of
| ||||||
18 | greater value than the amount won.
| ||||||
19 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
20 | game.
| ||||||
21 | (10) Possesses any key or device designed for the | ||||||
22 | purpose of opening,
entering, or affecting the operation of | ||||||
23 | a gambling game, drop box, or an
electronic or mechanical | ||||||
24 | device connected with the gambling game or for
removing | ||||||
25 | coins, tokens, chips or other contents of a gambling game. | ||||||
26 | This
paragraph (10) does not apply to a gambling licensee |
| |||||||
| |||||||
1 | or employee of a
gambling licensee acting in furtherance of | ||||||
2 | the employee's employment.
| ||||||
3 | (e) The possession of more than one of the devices | ||||||
4 | described in
subsection (d), paragraphs (3), (5) , or (10) | ||||||
5 | permits a rebuttable
presumption that the possessor intended to | ||||||
6 | use the devices for cheating.
| ||||||
7 | (f) A person under the age of 21 who, except as authorized | ||||||
8 | under paragraph (10) of Section 11, enters upon a riverboat | ||||||
9 | commits a petty offense and is subject to a fine of not less | ||||||
10 | than $100 or more than $250 for a first offense and of not less | ||||||
11 | than $200 or more than $500 for a second or subsequent offense. | ||||||
12 | An action to prosecute any crime occurring on a riverboat
| ||||||
13 | shall be tried in the county of the dock at which the riverboat | ||||||
14 | is based.
| ||||||
15 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
16 | Section 99. Effective date. This Act takes effect July 1, | ||||||
17 | 2009.".
|