Illinois General Assembly - Full Text of HB0261
Illinois General Assembly

Previous General Assemblies

Full Text of HB0261  96th General Assembly

HB0261eng 96TH GENERAL ASSEMBLY



 


 
HB0261 Engrossed LRB096 00228 AMC 10234 b

1     AN ACT concerning gaming.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Executive Reorganization Implementation Act
5 is amended by changing Section 3.1 as follows:
 
6     (15 ILCS 15/3.1)  (from Ch. 127, par. 1803.1)
7     Sec. 3.1. "Agency directly responsible to the Governor" or
8 "agency" means any office, officer, division, or part thereof,
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
17 with the primary responsibility of exercising regulatory or
18 adjudicatory functions independently of the Governor:
19     (1) the State Board of Elections;
20     (2) the State Board of Education;
21     (3) the Illinois Commerce Commission;
22     (4) the Illinois Workers' Compensation Commission;
23     (5) the Civil Service Commission;

 

 

HB0261 Engrossed - 2 - LRB096 00228 AMC 10234 b

1     (6) the Fair Employment Practices Commission;
2     (7) the Pollution Control Board;
3     (8) the Department of State Police Merit Board;
4     (9) The Illinois Gaming Board.
5 (Source: P.A. 93-721, eff. 1-1-05.)
 
6     Section 10. The Department of Revenue Law of the Civil
7 Administrative Code of Illinois is amended by changing Section
8 2505-305 as follows:
 
9     (20 ILCS 2505/2505-305)  (was 20 ILCS 2505/39b15.1)
10     Sec. 2505-305. Investigators.
11     (a) The Department has the power to appoint investigators
12 to conduct all investigations, searches, seizures, arrests,
13 and other duties imposed under the provisions of any law
14 administered by the Department or the Illinois Gaming Board.
15 Except as provided in subsection (c), these investigators have
16 and may exercise all the powers of peace officers solely for
17 the purpose of enforcing taxing measures administered by the
18 Department or the Illinois Gaming Board.
19     (b) The Director must authorize to each investigator
20 employed under this Section and to any other employee of the
21 Department exercising the powers of a peace officer a distinct
22 badge that, on its face, (i) clearly states that the badge is
23 authorized by the Department and (ii) contains a unique
24 identifying number. No other badge shall be authorized by the

 

 

HB0261 Engrossed - 3 - LRB096 00228 AMC 10234 b

1 Department.
2     (c) The Department may enter into agreements with the
3 Illinois Gaming Board providing that investigators appointed
4 under this Section shall exercise the peace officer powers set
5 forth in paragraph (20.6) of subsection (c) of Section 5 of the
6 Riverboat Gambling Act. Investigators appointed under this
7 Section who are assigned to the Illinois Gaming Board have and
8 may exercise all the rights and powers of peace officers,
9 provided that these powers shall be limited to offenses or
10 violations occurring or committed on a riverboat or dock, as
11 defined in subsections (d) and (f) of Section 4 of the
12 Riverboat Gambling Act.
13 (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493,
14 eff. 1-1-02.)
 
15     Section 15. The State Finance Act is amended by adding
16 Section 5.719 as follows:
 
17     (30 ILCS 105/5.719 new)
18     Sec. 5.719. The Gaming Administration and Enforcement
19 Fund.
 
20     Section 20. The Illinois Pension Code is amended by
21 changing Sections 14-110, 14-152.1, 18-127, and 18-169 as
22 follows:
 

 

 

HB0261 Engrossed - 4 - LRB096 00228 AMC 10234 b

1     (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
2     Sec. 14-110. Alternative retirement annuity.
3     (a) Any member who has withdrawn from service with not less
4 than 20 years of eligible creditable service and has attained
5 age 55, and any member who has withdrawn from service with not
6 less than 25 years of eligible creditable service and has
7 attained age 50, regardless of whether the attainment of either
8 of the specified ages occurs while the member is still in
9 service, shall be entitled to receive at the option of the
10 member, in lieu of the regular or minimum retirement annuity, a
11 retirement annuity computed as follows:
12         (i) for periods of service as a noncovered employee: if
13     retirement occurs on or after January 1, 2001, 3% of final
14     average compensation for each year of creditable service;
15     if retirement occurs before January 1, 2001, 2 1/4% of
16     final average compensation for each of the first 10 years
17     of creditable service, 2 1/2% for each year above 10 years
18     to and including 20 years of creditable service, and 2 3/4%
19     for each year of creditable service above 20 years; and
20         (ii) for periods of eligible creditable service as a
21     covered employee: if retirement occurs on or after January
22     1, 2001, 2.5% of final average compensation for each year
23     of creditable service; if retirement occurs before January
24     1, 2001, 1.67% of final average compensation for each of
25     the first 10 years of such service, 1.90% for each of the
26     next 10 years of such service, 2.10% for each year of such

 

 

HB0261 Engrossed - 5 - LRB096 00228 AMC 10234 b

1     service in excess of 20 but not exceeding 30, and 2.30% for
2     each year in excess of 30.
3     Such annuity shall be subject to a maximum of 75% of final
4 average compensation if retirement occurs before January 1,
5 2001 or to a maximum of 80% of final average compensation if
6 retirement occurs on or after January 1, 2001.
7     These rates shall not be applicable to any service
8 performed by a member as a covered employee which is not
9 eligible creditable service. Service as a covered employee
10 which is not eligible creditable service shall be subject to
11 the rates and provisions of Section 14-108.
12     (b) For the purpose of this Section, "eligible creditable
13 service" means creditable service resulting from service in one
14 or more of the following positions:
15         (1) State policeman;
16         (2) fire fighter in the fire protection service of a
17     department;
18         (3) air pilot;
19         (4) special agent;
20         (5) investigator for the Secretary of State;
21         (6) conservation police officer;
22         (7) investigator for the Department of Revenue or the
23     Illinois Gaming Board;
24         (8) security employee of the Department of Human
25     Services;
26         (9) Central Management Services security police

 

 

HB0261 Engrossed - 6 - LRB096 00228 AMC 10234 b

1     officer;
2         (10) security employee of the Department of
3     Corrections or the Department of Juvenile Justice;
4         (11) dangerous drugs investigator;
5         (12) investigator for the Department of State Police;
6         (13) investigator for the Office of the Attorney
7     General;
8         (14) controlled substance inspector;
9         (15) investigator for the Office of the State's
10     Attorneys Appellate Prosecutor;
11         (16) Commerce Commission police officer;
12         (17) arson investigator;
13         (18) State highway maintenance worker.
14     A person employed in one of the positions specified in this
15 subsection is entitled to eligible creditable service for
16 service credit earned under this Article while undergoing the
17 basic police training course approved by the Illinois Law
18 Enforcement Training Standards Board, if completion of that
19 training is required of persons serving in that position. For
20 the purposes of this Code, service during the required basic
21 police training course shall be deemed performance of the
22 duties of the specified position, even though the person is not
23 a sworn peace officer at the time of the training.
24     (c) For the purposes of this Section:
25         (1) The term "state policeman" includes any title or
26     position in the Department of State Police that is held by

 

 

HB0261 Engrossed - 7 - LRB096 00228 AMC 10234 b

1     an individual employed under the State Police Act.
2         (2) The term "fire fighter in the fire protection
3     service of a department" includes all officers in such fire
4     protection service including fire chiefs and assistant
5     fire chiefs.
6         (3) The term "air pilot" includes any employee whose
7     official job description on file in the Department of
8     Central Management Services, or in the department by which
9     he is employed if that department is not covered by the
10     Personnel Code, states that his principal duty is the
11     operation of aircraft, and who possesses a pilot's license;
12     however, the change in this definition made by this
13     amendatory Act of 1983 shall not operate to exclude any
14     noncovered employee who was an "air pilot" for the purposes
15     of this Section on January 1, 1984.
16         (4) The term "special agent" means any person who by
17     reason of employment by the Division of Narcotic Control,
18     the Bureau of Investigation or, after July 1, 1977, the
19     Division of Criminal Investigation, the Division of
20     Internal Investigation, the Division of Operations, or any
21     other Division or organizational entity in the Department
22     of State Police is vested by law with duties to maintain
23     public order, investigate violations of the criminal law of
24     this State, enforce the laws of this State, make arrests
25     and recover property. The term "special agent" includes any
26     title or position in the Department of State Police that is

 

 

HB0261 Engrossed - 8 - LRB096 00228 AMC 10234 b

1     held by an individual employed under the State Police Act.
2         (5) The term "investigator for the Secretary of State"
3     means any person employed by the Office of the Secretary of
4     State and vested with such investigative duties as render
5     him ineligible for coverage under the Social Security Act
6     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
7     218(l)(1) of that Act.
8         A person who became employed as an investigator for the
9     Secretary of State between January 1, 1967 and December 31,
10     1975, and who has served as such until attainment of age
11     60, either continuously or with a single break in service
12     of not more than 3 years duration, which break terminated
13     before January 1, 1976, shall be entitled to have his
14     retirement annuity calculated in accordance with
15     subsection (a), notwithstanding that he has less than 20
16     years of credit for such service.
17         (6) The term "Conservation Police Officer" means any
18     person employed by the Division of Law Enforcement of the
19     Department of Natural Resources and vested with such law
20     enforcement duties as render him ineligible for coverage
21     under the Social Security Act by reason of Sections
22     218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
23     term "Conservation Police Officer" includes the positions
24     of Chief Conservation Police Administrator and Assistant
25     Conservation Police Administrator.
26         (7) The term "investigator for the Department of

 

 

HB0261 Engrossed - 9 - LRB096 00228 AMC 10234 b

1     Revenue" means any person employed by the Department of
2     Revenue and vested with such investigative duties as render
3     him ineligible for coverage under the Social Security Act
4     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
5     218(l)(1) of that Act.
6         The term "investigator for the Illinois Gaming Board"
7     means any person employed as such by the Illinois Gaming
8     Board and vested with such peace officer duties as render
9     the person ineligible for coverage under the Social
10     Security Act by reason of Sections 218(d)(5)(A),
11     218(d)(8)(D), and 218(l)(1) of that Act.
12         (8) The term "security employee of the Department of
13     Human Services" means any person employed by the Department
14     of Human Services who (i) is employed at the Chester Mental
15     Health Center and has daily contact with the residents
16     thereof, (ii) is employed within a security unit at a
17     facility operated by the Department and has daily contact
18     with the residents of the security unit, (iii) is employed
19     at a facility operated by the Department that includes a
20     security unit and is regularly scheduled to work at least
21     50% of his or her working hours within that security unit,
22     or (iv) is a mental health police officer. "Mental health
23     police officer" means any person employed by the Department
24     of Human Services in a position pertaining to the
25     Department's mental health and developmental disabilities
26     functions who is vested with such law enforcement duties as

 

 

HB0261 Engrossed - 10 - LRB096 00228 AMC 10234 b

1     render the person ineligible for coverage under the Social
2     Security Act by reason of Sections 218(d)(5)(A),
3     218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
4     means that portion of a facility that is devoted to the
5     care, containment, and treatment of persons committed to
6     the Department of Human Services as sexually violent
7     persons, persons unfit to stand trial, or persons not
8     guilty by reason of insanity. With respect to past
9     employment, references to the Department of Human Services
10     include its predecessor, the Department of Mental Health
11     and Developmental Disabilities.
12         The changes made to this subdivision (c)(8) by Public
13     Act 92-14 apply to persons who retire on or after January
14     1, 2001, notwithstanding Section 1-103.1.
15         (9) "Central Management Services security police
16     officer" means any person employed by the Department of
17     Central Management Services who is vested with such law
18     enforcement duties as render him ineligible for coverage
19     under the Social Security Act by reason of Sections
20     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
21         (10) For a member who first became an employee under
22     this Article before July 1, 2005, the term "security
23     employee of the Department of Corrections or the Department
24     of Juvenile Justice" means any employee of the Department
25     of Corrections or the Department of Juvenile Justice or the
26     former Department of Personnel, and any member or employee

 

 

HB0261 Engrossed - 11 - LRB096 00228 AMC 10234 b

1     of the Prisoner Review Board, who has daily contact with
2     inmates or youth by working within a correctional facility
3     or Juvenile facility operated by the Department of Juvenile
4     Justice or who is a parole officer or an employee who has
5     direct contact with committed persons in the performance of
6     his or her job duties. For a member who first becomes an
7     employee under this Article on or after July 1, 2005, the
8     term means an employee of the Department of Corrections or
9     the Department of Juvenile Justice who is any of the
10     following: (i) officially headquartered at a correctional
11     facility or Juvenile facility operated by the Department of
12     Juvenile Justice, (ii) a parole officer, (iii) a member of
13     the apprehension unit, (iv) a member of the intelligence
14     unit, (v) a member of the sort team, or (vi) an
15     investigator.
16         (11) The term "dangerous drugs investigator" means any
17     person who is employed as such by the Department of Human
18     Services.
19         (12) The term "investigator for the Department of State
20     Police" means a person employed by the Department of State
21     Police who is vested under Section 4 of the Narcotic
22     Control Division Abolition Act with such law enforcement
23     powers as render him ineligible for coverage under the
24     Social Security Act by reason of Sections 218(d)(5)(A),
25     218(d)(8)(D) and 218(l)(1) of that Act.
26         (13) "Investigator for the Office of the Attorney

 

 

HB0261 Engrossed - 12 - LRB096 00228 AMC 10234 b

1     General" means any person who is employed as such by the
2     Office of the Attorney General and is vested with such
3     investigative duties as render him ineligible for coverage
4     under the Social Security Act by reason of Sections
5     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
6     the period before January 1, 1989, the term includes all
7     persons who were employed as investigators by the Office of
8     the Attorney General, without regard to social security
9     status.
10         (14) "Controlled substance inspector" means any person
11     who is employed as such by the Department of Professional
12     Regulation and is vested with such law enforcement duties
13     as render him ineligible for coverage under the Social
14     Security Act by reason of Sections 218(d)(5)(A),
15     218(d)(8)(D) and 218(l)(1) of that Act. The term
16     "controlled substance inspector" includes the Program
17     Executive of Enforcement and the Assistant Program
18     Executive of Enforcement.
19         (15) The term "investigator for the Office of the
20     State's Attorneys Appellate Prosecutor" means a person
21     employed in that capacity on a full time basis under the
22     authority of Section 7.06 of the State's Attorneys
23     Appellate Prosecutor's Act.
24         (16) "Commerce Commission police officer" means any
25     person employed by the Illinois Commerce Commission who is
26     vested with such law enforcement duties as render him

 

 

HB0261 Engrossed - 13 - LRB096 00228 AMC 10234 b

1     ineligible for coverage under the Social Security Act by
2     reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
3     218(l)(1) of that Act.
4         (17) "Arson investigator" means any person who is
5     employed as such by the Office of the State Fire Marshal
6     and is vested with such law enforcement duties as render
7     the person ineligible for coverage under the Social
8     Security Act by reason of Sections 218(d)(5)(A),
9     218(d)(8)(D), and 218(l)(1) of that Act. A person who was
10     employed as an arson investigator on January 1, 1995 and is
11     no longer in service but not yet receiving a retirement
12     annuity may convert his or her creditable service for
13     employment as an arson investigator into eligible
14     creditable service by paying to the System the difference
15     between the employee contributions actually paid for that
16     service and the amounts that would have been contributed if
17     the applicant were contributing at the rate applicable to
18     persons with the same social security status earning
19     eligible creditable service on the date of application.
20         (18) The term "State highway maintenance worker" means
21     a person who is either of the following:
22             (i) A person employed on a full-time basis by the
23         Illinois Department of Transportation in the position
24         of highway maintainer, highway maintenance lead
25         worker, highway maintenance lead/lead worker, heavy
26         construction equipment operator, power shovel

 

 

HB0261 Engrossed - 14 - LRB096 00228 AMC 10234 b

1         operator, or bridge mechanic; and whose principal
2         responsibility is to perform, on the roadway, the
3         actual maintenance necessary to keep the highways that
4         form a part of the State highway system in serviceable
5         condition for vehicular traffic.
6             (ii) A person employed on a full-time basis by the
7         Illinois State Toll Highway Authority in the position
8         of equipment operator/laborer H-4, equipment
9         operator/laborer H-6, welder H-4, welder H-6,
10         mechanical/electrical H-4, mechanical/electrical H-6,
11         water/sewer H-4, water/sewer H-6, sign maker/hanger
12         H-4, sign maker/hanger H-6, roadway lighting H-4,
13         roadway lighting H-6, structural H-4, structural H-6,
14         painter H-4, or painter H-6; and whose principal
15         responsibility is to perform, on the roadway, the
16         actual maintenance necessary to keep the Authority's
17         tollways in serviceable condition for vehicular
18         traffic.
19     (d) A security employee of the Department of Corrections or
20 the Department of Juvenile Justice, and a security employee of
21 the Department of Human Services who is not a mental health
22 police officer, shall not be eligible for the alternative
23 retirement annuity provided by this Section unless he or she
24 meets the following minimum age and service requirements at the
25 time of retirement:
26         (i) 25 years of eligible creditable service and age 55;

 

 

HB0261 Engrossed - 15 - LRB096 00228 AMC 10234 b

1     or
2         (ii) beginning January 1, 1987, 25 years of eligible
3     creditable service and age 54, or 24 years of eligible
4     creditable service and age 55; or
5         (iii) beginning January 1, 1988, 25 years of eligible
6     creditable service and age 53, or 23 years of eligible
7     creditable service and age 55; or
8         (iv) beginning January 1, 1989, 25 years of eligible
9     creditable service and age 52, or 22 years of eligible
10     creditable service and age 55; or
11         (v) beginning January 1, 1990, 25 years of eligible
12     creditable service and age 51, or 21 years of eligible
13     creditable service and age 55; or
14         (vi) beginning January 1, 1991, 25 years of eligible
15     creditable service and age 50, or 20 years of eligible
16     creditable service and age 55.
17     Persons who have service credit under Article 16 of this
18 Code for service as a security employee of the Department of
19 Corrections or the Department of Juvenile Justice, or the
20 Department of Human Services in a position requiring
21 certification as a teacher may count such service toward
22 establishing their eligibility under the service requirements
23 of this Section; but such service may be used only for
24 establishing such eligibility, and not for the purpose of
25 increasing or calculating any benefit.
26     (e) If a member enters military service while working in a

 

 

HB0261 Engrossed - 16 - LRB096 00228 AMC 10234 b

1 position in which eligible creditable service may be earned,
2 and returns to State service in the same or another such
3 position, and fulfills in all other respects the conditions
4 prescribed in this Article for credit for military service,
5 such military service shall be credited as eligible creditable
6 service for the purposes of the retirement annuity prescribed
7 in this Section.
8     (f) For purposes of calculating retirement annuities under
9 this Section, periods of service rendered after December 31,
10 1968 and before October 1, 1975 as a covered employee in the
11 position of special agent, conservation police officer, mental
12 health police officer, or investigator for the Secretary of
13 State, shall be deemed to have been service as a noncovered
14 employee, provided that the employee pays to the System prior
15 to retirement an amount equal to (1) the difference between the
16 employee contributions that would have been required for such
17 service as a noncovered employee, and the amount of employee
18 contributions actually paid, plus (2) if payment is made after
19 July 31, 1987, regular interest on the amount specified in item
20 (1) from the date of service to the date of payment.
21     For purposes of calculating retirement annuities under
22 this Section, periods of service rendered after December 31,
23 1968 and before January 1, 1982 as a covered employee in the
24 position of investigator for the Department of Revenue shall be
25 deemed to have been service as a noncovered employee, provided
26 that the employee pays to the System prior to retirement an

 

 

HB0261 Engrossed - 17 - LRB096 00228 AMC 10234 b

1 amount equal to (1) the difference between the employee
2 contributions that would have been required for such service as
3 a noncovered employee, and the amount of employee contributions
4 actually paid, plus (2) if payment is made after January 1,
5 1990, regular interest on the amount specified in item (1) from
6 the date of service to the date of payment.
7     (g) A State policeman may elect, not later than January 1,
8 1990, to establish eligible creditable service for up to 10
9 years of his service as a policeman under Article 3, by filing
10 a written election with the Board, accompanied by payment of an
11 amount to be determined by the Board, equal to (i) the
12 difference between the amount of employee and employer
13 contributions transferred to the System under Section 3-110.5,
14 and the amounts that would have been contributed had such
15 contributions been made at the rates applicable to State
16 policemen, plus (ii) interest thereon at the effective rate for
17 each year, compounded annually, from the date of service to the
18 date of payment.
19     Subject to the limitation in subsection (i), a State
20 policeman may elect, not later than July 1, 1993, to establish
21 eligible creditable service for up to 10 years of his service
22 as a member of the County Police Department under Article 9, by
23 filing a written election with the Board, accompanied by
24 payment of an amount to be determined by the Board, equal to
25 (i) the difference between the amount of employee and employer
26 contributions transferred to the System under Section 9-121.10

 

 

HB0261 Engrossed - 18 - LRB096 00228 AMC 10234 b

1 and the amounts that would have been contributed had those
2 contributions been made at the rates applicable to State
3 policemen, plus (ii) interest thereon at the effective rate for
4 each year, compounded annually, from the date of service to the
5 date of payment.
6     (h) Subject to the limitation in subsection (i), a State
7 policeman or investigator for the Secretary of State may elect
8 to establish eligible creditable service for up to 12 years of
9 his service as a policeman under Article 5, by filing a written
10 election with the Board on or before January 31, 1992, and
11 paying to the System by January 31, 1994 an amount to be
12 determined by the Board, equal to (i) the difference between
13 the amount of employee and employer contributions transferred
14 to the System under Section 5-236, and the amounts that would
15 have been contributed had such contributions been made at the
16 rates applicable to State policemen, plus (ii) interest thereon
17 at the effective rate for each year, compounded annually, from
18 the date of service to the date of payment.
19     Subject to the limitation in subsection (i), a State
20 policeman, conservation police officer, or investigator for
21 the Secretary of State may elect to establish eligible
22 creditable service for up to 10 years of service as a sheriff's
23 law enforcement employee under Article 7, by filing a written
24 election with the Board on or before January 31, 1993, and
25 paying to the System by January 31, 1994 an amount to be
26 determined by the Board, equal to (i) the difference between

 

 

HB0261 Engrossed - 19 - LRB096 00228 AMC 10234 b

1 the amount of employee and employer contributions transferred
2 to the System under Section 7-139.7, and the amounts that would
3 have been contributed had such contributions been made at the
4 rates applicable to State policemen, plus (ii) interest thereon
5 at the effective rate for each year, compounded annually, from
6 the date of service to the date of payment.
7     Subject to the limitation in subsection (i), a State
8 policeman, conservation police officer, or investigator for
9 the Secretary of State may elect to establish eligible
10 creditable service for up to 5 years of service as a police
11 officer under Article 3, a policeman under Article 5, a
12 sheriff's law enforcement employee under Article 7, a member of
13 the county police department under Article 9, or a police
14 officer under Article 15 by filing a written election with the
15 Board and paying to the System an amount to be determined by
16 the Board, equal to (i) the difference between the amount of
17 employee and employer contributions transferred to the System
18 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
19 and the amounts that would have been contributed had such
20 contributions been made at the rates applicable to State
21 policemen, plus (ii) interest thereon at the effective rate for
22 each year, compounded annually, from the date of service to the
23 date of payment.
24     (i) The total amount of eligible creditable service
25 established by any person under subsections (g), (h), (j), (k),
26 and (l) of this Section shall not exceed 12 years.

 

 

HB0261 Engrossed - 20 - LRB096 00228 AMC 10234 b

1     (j) Subject to the limitation in subsection (i), an
2 investigator for the Office of the State's Attorneys Appellate
3 Prosecutor or a controlled substance inspector may elect to
4 establish eligible creditable service for up to 10 years of his
5 service as a policeman under Article 3 or a sheriff's law
6 enforcement employee under Article 7, by filing a written
7 election with the Board, accompanied by payment of an amount to
8 be determined by the Board, equal to (1) the difference between
9 the amount of employee and employer contributions transferred
10 to the System under Section 3-110.6 or 7-139.8, and the amounts
11 that would have been contributed had such contributions been
12 made at the rates applicable to State policemen, plus (2)
13 interest thereon at the effective rate for each year,
14 compounded annually, from the date of service to the date of
15 payment.
16     (k) Subject to the limitation in subsection (i) of this
17 Section, an alternative formula employee may elect to establish
18 eligible creditable service for periods spent as a full-time
19 law enforcement officer or full-time corrections officer
20 employed by the federal government or by a state or local
21 government located outside of Illinois, for which credit is not
22 held in any other public employee pension fund or retirement
23 system. To obtain this credit, the applicant must file a
24 written application with the Board by March 31, 1998,
25 accompanied by evidence of eligibility acceptable to the Board
26 and payment of an amount to be determined by the Board, equal

 

 

HB0261 Engrossed - 21 - LRB096 00228 AMC 10234 b

1 to (1) employee contributions for the credit being established,
2 based upon the applicant's salary on the first day as an
3 alternative formula employee after the employment for which
4 credit is being established and the rates then applicable to
5 alternative formula employees, plus (2) an amount determined by
6 the Board to be the employer's normal cost of the benefits
7 accrued for the credit being established, plus (3) regular
8 interest on the amounts in items (1) and (2) from the first day
9 as an alternative formula employee after the employment for
10 which credit is being established to the date of payment.
11     (l) Subject to the limitation in subsection (i), a security
12 employee of the Department of Corrections may elect, not later
13 than July 1, 1998, to establish eligible creditable service for
14 up to 10 years of his or her service as a policeman under
15 Article 3, by filing a written election with the Board,
16 accompanied by payment of an amount to be determined by the
17 Board, equal to (i) the difference between the amount of
18 employee and employer contributions transferred to the System
19 under Section 3-110.5, and the amounts that would have been
20 contributed had such contributions been made at the rates
21 applicable to security employees of the Department of
22 Corrections, plus (ii) interest thereon at the effective rate
23 for each year, compounded annually, from the date of service to
24 the date of payment.
25     (m) The amendatory changes to this Section made by this
26 amendatory Act of the 94th General Assembly apply only to: (1)

 

 

HB0261 Engrossed - 22 - LRB096 00228 AMC 10234 b

1 security employees of the Department of Juvenile Justice
2 employed by the Department of Corrections before the effective
3 date of this amendatory Act of the 94th General Assembly and
4 transferred to the Department of Juvenile Justice by this
5 amendatory Act of the 94th General Assembly; and (2) persons
6 employed by the Department of Juvenile Justice on or after the
7 effective date of this amendatory Act of the 94th General
8 Assembly who are required by subsection (b) of Section 3-2.5-15
9 of the Unified Code of Corrections to have a bachelor's or
10 advanced degree from an accredited college or university with a
11 specialization in criminal justice, education, psychology,
12 social work, or a closely related social science or, in the
13 case of persons who provide vocational training, who are
14 required to have adequate knowledge in the skill for which they
15 are providing the vocational training.
16     (n) A person employed in a position under subsection (b) of
17 this Section who has purchased service credit under subsection
18 (j) of Section 14-104 or subsection (b) of Section 14-105 in
19 any other capacity under this Article may convert up to 5 years
20 of that service credit into service credit covered under this
21 Section by paying to the Fund an amount equal to (1) the
22 additional employee contribution required under Section
23 14-133, plus (2) the additional employer contribution required
24 under Section 14-131, plus (3) interest on items (1) and (2) at
25 the actuarially assumed rate from the date of the service to
26 the date of payment.

 

 

HB0261 Engrossed - 23 - LRB096 00228 AMC 10234 b

1 (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530,
2 eff. 8-28-07; 95-1036, eff. 2-17-09.)
 
3     (40 ILCS 5/14-152.1)
4     Sec. 14-152.1. Application and expiration of new benefit
5 increases.
6     (a) As used in this Section, "new benefit increase" means
7 an increase in the amount of any benefit provided under this
8 Article, or an expansion of the conditions of eligibility for
9 any benefit under this Article, that results from an amendment
10 to this Code that takes effect after June 1, 2005 (the
11 effective date of Public Act 94-4) this amendatory Act of the
12 94th General Assembly. "New benefit increase", however, does
13 not include any benefit increase resulting from the changes
14 made to this Article by this amendatory Act of the 96th General
15 Assembly.
16     (b) Notwithstanding any other provision of this Code or any
17 subsequent amendment to this Code, every new benefit increase
18 is subject to this Section and shall be deemed to be granted
19 only in conformance with and contingent upon compliance with
20 the provisions of this Section.
21     (c) The Public Act enacting a new benefit increase must
22 identify and provide for payment to the System of additional
23 funding at least sufficient to fund the resulting annual
24 increase in cost to the System as it accrues.
25     Every new benefit increase is contingent upon the General

 

 

HB0261 Engrossed - 24 - LRB096 00228 AMC 10234 b

1 Assembly providing the additional funding required under this
2 subsection. The Commission on Government Forecasting and
3 Accountability shall analyze whether adequate additional
4 funding has been provided for the new benefit increase and
5 shall report its analysis to the Public Pension Division of the
6 Department of Financial and Professional Regulation. A new
7 benefit increase created by a Public Act that does not include
8 the additional funding required under this subsection is null
9 and void. If the Public Pension Division determines that the
10 additional funding provided for a new benefit increase under
11 this subsection is or has become inadequate, it may so certify
12 to the Governor and the State Comptroller and, in the absence
13 of corrective action by the General Assembly, the new benefit
14 increase shall expire at the end of the fiscal year in which
15 the certification is made.
16     (d) Every new benefit increase shall expire 5 years after
17 its effective date or on such earlier date as may be specified
18 in the language enacting the new benefit increase or provided
19 under subsection (c). This does not prevent the General
20 Assembly from extending or re-creating a new benefit increase
21 by law.
22     (e) Except as otherwise provided in the language creating
23 the new benefit increase, a new benefit increase that expires
24 under this Section continues to apply to persons who applied
25 and qualified for the affected benefit while the new benefit
26 increase was in effect and to the affected beneficiaries and

 

 

HB0261 Engrossed - 25 - LRB096 00228 AMC 10234 b

1 alternate payees of such persons, but does not apply to any
2 other person, including without limitation a person who
3 continues in service after the expiration date and did not
4 apply and qualify for the affected benefit while the new
5 benefit increase was in effect.
6 (Source: P.A. 94-4, eff. 6-1-05.)
 
7     (40 ILCS 5/18-127)  (from Ch. 108 1/2, par. 18-127)
8     Sec. 18-127. Retirement annuity - suspension on
9 reemployment.
10     (a) A participant receiving a retirement annuity who is
11 regularly employed for compensation by an employer other than a
12 county, in any capacity, shall have his or her retirement
13 annuity payments suspended during such employment. Upon
14 termination of such employment, retirement annuity payments at
15 the previous rate shall be resumed.
16     If such a participant resumes service as a judge, he or she
17 shall receive credit for any additional service. Upon
18 subsequent retirement, his or her retirement annuity shall be
19 the amount previously granted, plus the amount earned by the
20 additional judicial service under the provisions in effect
21 during the period of such additional service. However, if the
22 participant was receiving the maximum rate of annuity at the
23 time of re-employment, he or she may elect, in a written
24 direction filed with the board, not to receive any additional
25 service credit during the period of re-employment. In such

 

 

HB0261 Engrossed - 26 - LRB096 00228 AMC 10234 b

1 case, contributions shall not be required during the period of
2 re-employment. Any such election shall be irrevocable.
3     (b) Beginning January 1, 1991, any participant receiving a
4 retirement annuity who accepts temporary employment from an
5 employer other than a county for a period not exceeding 75
6 working days in any calendar year shall not be deemed to be
7 regularly employed for compensation or to have resumed service
8 as a judge for the purposes of this Article. A day shall be
9 considered a working day if the annuitant performs on it any of
10 his duties under the temporary employment agreement.
11     (c) Except as provided in subsection (a), beginning January
12 1, 1993, retirement annuities shall not be subject to
13 suspension upon resumption of employment for an employer, and
14 any retirement annuity that is then so suspended shall be
15 reinstated on that date.
16     (d) The changes made in this Section by this amendatory Act
17 of 1993 shall apply to judges no longer in service on its
18 effective date, as well as to judges serving on or after that
19 date.
20     (e) A participant receiving a retirement annuity under this
21 Article who (i) serves as a part-time employee in any of the
22 following positions: Legislative Inspector General, Special
23 Legislative Inspector General, employee of the Office of the
24 Legislative Inspector General, Executive Director of the
25 Legislative Ethics Commission, or staff of the Legislative
26 Ethics Commission or (ii), on January 1, 2007, is serving on

 

 

HB0261 Engrossed - 27 - LRB096 00228 AMC 10234 b

1 the Illinois Gaming Board, but has not elected to participate
2 in the Article 14 System with respect to that service, shall
3 not be deemed to be regularly employed for compensation by an
4 employer other than a county, nor to have resumed service as a
5 judge, on the basis of that service, and the retirement annuity
6 payments and other benefits of that person under this Code
7 shall not be suspended, diminished, or otherwise impaired
8 solely as a consequence of that service. This subsection (e)
9 applies without regard to whether the person is in service as a
10 judge under this Article on or after the effective date of this
11 amendatory Act of the 93rd General Assembly. In this
12 subsection, a "part-time employee" is a person who is not
13 required to work at least 35 hours per week. The changes made
14 to this subsection (e) by this amendatory Act of the 96th
15 General Assembly apply without regard to whether the person is
16 in service as a judge under this Article on or after the
17 effective date of this amendatory Act of the 96th General
18 Assembly.
19     (f) A participant receiving a retirement annuity under this
20 Article who has made an election under Section 1-123 and who is
21 serving either as legal counsel in the Office of the Governor
22 or as Chief Deputy Attorney General shall not be deemed to be
23 regularly employed for compensation by an employer other than a
24 county, nor to have resumed service as a judge, on the basis of
25 that service, and the retirement annuity payments and other
26 benefits of that person under this Code shall not be suspended,

 

 

HB0261 Engrossed - 28 - LRB096 00228 AMC 10234 b

1 diminished, or otherwise impaired solely as a consequence of
2 that service. This subsection (f) applies without regard to
3 whether the person is in service as a judge under this Article
4 on or after the effective date of this amendatory Act of the
5 93rd General Assembly.
6 (Source: P.A. 93-685, eff. 7-8-04; 93-1069, eff. 1-15-05.)
 
7     (40 ILCS 5/18-169)
8     Sec. 18-169. Application and expiration of new benefit
9 increases.
10     (a) As used in this Section, "new benefit increase" means
11 an increase in the amount of any benefit provided under this
12 Article, or an expansion of the conditions of eligibility for
13 any benefit under this Article, that results from an amendment
14 to this Code that takes effect after June 1, 2005 (the
15 effective date Public Act 94-4) of this amendatory Act of the
16 94th General Assembly. "New benefit increase", however, does
17 not include any benefit increase resulting from the changes
18 made to this Article by this amendatory Act of the 96th General
19 Assembly.
20     (b) Notwithstanding any other provision of this Code or any
21 subsequent amendment to this Code, every new benefit increase
22 is subject to this Section and shall be deemed to be granted
23 only in conformance with and contingent upon compliance with
24 the provisions of this Section.
25     (c) The Public Act enacting a new benefit increase must

 

 

HB0261 Engrossed - 29 - LRB096 00228 AMC 10234 b

1 identify and provide for payment to the System of additional
2 funding at least sufficient to fund the resulting annual
3 increase in cost to the System as it accrues.
4     Every new benefit increase is contingent upon the General
5 Assembly providing the additional funding required under this
6 subsection. The Commission on Government Forecasting and
7 Accountability shall analyze whether adequate additional
8 funding has been provided for the new benefit increase and
9 shall report its analysis to the Public Pension Division of the
10 Department of Financial and Professional Regulation. A new
11 benefit increase created by a Public Act that does not include
12 the additional funding required under this subsection is null
13 and void. If the Public Pension Division determines that the
14 additional funding provided for a new benefit increase under
15 this subsection is or has become inadequate, it may so certify
16 to the Governor and the State Comptroller and, in the absence
17 of corrective action by the General Assembly, the new benefit
18 increase shall expire at the end of the fiscal year in which
19 the certification is made.
20     (d) Every new benefit increase shall expire 5 years after
21 its effective date or on such earlier date as may be specified
22 in the language enacting the new benefit increase or provided
23 under subsection (c). This does not prevent the General
24 Assembly from extending or re-creating a new benefit increase
25 by law.
26     (e) Except as otherwise provided in the language creating

 

 

HB0261 Engrossed - 30 - LRB096 00228 AMC 10234 b

1 the new benefit increase, a new benefit increase that expires
2 under this Section continues to apply to persons who applied
3 and qualified for the affected benefit while the new benefit
4 increase was in effect and to the affected beneficiaries and
5 alternate payees of such persons, but does not apply to any
6 other person, including without limitation a person who
7 continues in service after the expiration date and did not
8 apply and qualify for the affected benefit while the new
9 benefit increase was in effect.
10 (Source: P.A. 94-4, eff. 6-1-05.)
 
11     Section 25. The Riverboat Gambling Act is amended by
12 changing Sections 4, 5, 5.1, 6, 7, 9, 11, 12, 13, 15, and 18 and
13 by adding Section 5.2 as follows:
 
14     (230 ILCS 10/4)  (from Ch. 120, par. 2404)
15     Sec. 4. Definitions. As used in this Act:
16     (a) "Board" means the Illinois Gaming Board.
17     (b) "Occupational license" means a license issued by the
18 Board to a person or entity to perform an occupation which the
19 Board has identified as requiring a license to engage in
20 riverboat gambling in Illinois.
21     (c) "Gambling game" includes, but is not limited to,
22 baccarat, twenty-one, poker, craps, slot machine, video game of
23 chance, roulette wheel, klondike table, punchboard, faro
24 layout, keno layout, numbers ticket, push card, jar ticket, or

 

 

HB0261 Engrossed - 31 - LRB096 00228 AMC 10234 b

1 pull tab which is authorized by the Board as a wagering device
2 under this Act.
3     (d) "Riverboat" means a self-propelled excursion boat, a
4 permanently moored barge, or permanently moored barges that are
5 permanently fixed together to operate as one vessel, on which
6 lawful gambling is authorized and licensed as provided in this
7 Act.
8     (e) "Managers license" means a license issued by the Board
9 to a person or entity to manage gambling operations conducted
10 by the State pursuant to Section 7.3.
11     (f) "Dock" means the location where a riverboat moors for
12 the purpose of embarking passengers for and disembarking
13 passengers from the riverboat.
14     (g) "Gross receipts" means the total amount of money
15 exchanged for the purchase of chips, tokens or electronic cards
16 by riverboat patrons.
17     (h) "Adjusted gross receipts" means the gross receipts less
18 winnings paid to wagerers.
19     (i) "Cheat" means to alter the selection of criteria which
20 determine the result of a gambling game or the amount or
21 frequency of payment in a gambling game.
22     (j) (Blank) "Department" means the Department of Revenue.
23     (k) "Gambling operation" means the conduct of authorized
24 gambling games upon a riverboat.
25     (l) "License bid" means the lump sum amount of money that
26 an applicant bids and agrees to pay the State in return for an

 

 

HB0261 Engrossed - 32 - LRB096 00228 AMC 10234 b

1 owners license that is re-issued on or after July 1, 2003.
2     (m) The terms "minority person", and "female", and "person
3 with a disability" shall have the same meaning as defined in
4 Section 2 of the Business Enterprise for Minorities, Females,
5 and Persons with Disabilities Act.
6 (Source: P.A. 95-331, eff. 8-21-07.)
 
7     (230 ILCS 10/5)  (from Ch. 120, par. 2405)
8     Sec. 5. Gaming Board.
9     (a) (1) There is hereby established the within the
10 Department of Revenue an Illinois Gaming Board, which shall
11 have the powers and duties specified in this Act, and all other
12 powers necessary and proper to fully and effectively execute
13 this Act for the purpose of administering, regulating, and
14 enforcing the system of riverboat gambling established by this
15 Act. Its jurisdiction shall extend under this Act to every
16 person, association, corporation, partnership and trust
17 involved in riverboat gambling operations in the State of
18 Illinois.
19     (2) The Board shall consist of 5 members to be appointed by
20 the Governor with the advice and consent of the Senate, one of
21 whom shall be designated by the Governor to be chairman. Each
22 member shall have a reasonable knowledge of the practice,
23 procedure and principles of gambling operations. Each member
24 shall either be a resident of Illinois or shall certify that he
25 will become a resident of Illinois before taking office. At

 

 

HB0261 Engrossed - 33 - LRB096 00228 AMC 10234 b

1 least one member shall be experienced in law enforcement and
2 criminal investigation, at least one member shall be a
3 certified public accountant experienced in accounting and
4 auditing, and at least one member shall be a lawyer licensed to
5 practice law in Illinois.
6     (3) The terms of office of the Board members shall be 3
7 years, except that the terms of office of the initial Board
8 members appointed pursuant to this Act will commence from the
9 effective date of this Act and run as follows: one for a term
10 ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
11 a term ending July 1, 1993. Upon the expiration of the
12 foregoing terms, the successors of such members shall serve a
13 term for 3 years and until their successors are appointed and
14 qualified for like terms. Vacancies in the Board shall be
15 filled for the unexpired term in like manner as original
16 appointments. Each member of the Board shall be eligible for
17 reappointment at the discretion of the Governor with the advice
18 and consent of the Senate.
19     (4) The chairman of the Board shall receive an annual
20 salary of $80,000, or as set by the Compensation Review Board,
21 whichever is higher. Other members of the Board shall receive
22 an annual salary of $55,000, or as set by the Compensation
23 Review Board, whichever is higher. Each member of the Board
24 shall receive $300 for each day the Board meets and for each
25 day the member conducts any hearing pursuant to this Act. Each
26 member of the Board shall also be reimbursed for all actual and

 

 

HB0261 Engrossed - 34 - LRB096 00228 AMC 10234 b

1 necessary expenses and disbursements incurred in the execution
2 of official duties.
3     (5) No person shall be appointed a member of the Board or
4 continue to be a member of the Board who is, or whose spouse,
5 child or parent is, a member of the board of directors of, or a
6 person financially interested in, any gambling operation
7 subject to the jurisdiction of this Board, or any race track,
8 race meeting, racing association or the operations thereof
9 subject to the jurisdiction of the Illinois Racing Board. No
10 Board member shall hold any other public office for which he
11 shall receive compensation other than necessary travel or other
12 incidental expenses. No person shall be a member of the Board
13 who is not of good moral character or who has been convicted
14 of, or is under indictment for, a felony under the laws of
15 Illinois or any other state, or the United States.
16     (5.5) No member of the Board shall engage in any political
17 activity. For the purposes of this Section, "political" means
18 any activity in support of or in connection with any campaign
19 for federal, State, or local elective office or any political
20 organization, but does not include activities (i) relating to
21 the support or opposition of any executive, legislative, or
22 administrative action (as those terms are defined in Section 2
23 of the Lobbyist Registration Act), (ii) relating to collective
24 bargaining, or (iii) that are otherwise in furtherance of the
25 person's official State duties or governmental and public
26 service functions.

 

 

HB0261 Engrossed - 35 - LRB096 00228 AMC 10234 b

1     (6) Any member of the Board may be removed by the Governor
2 for neglect of duty, misfeasance, malfeasance, or nonfeasance
3 in office or for engaging in any political activity.
4     (7) Before entering upon the discharge of the duties of his
5 office, each member of the Board shall take an oath that he
6 will faithfully execute the duties of his office according to
7 the laws of the State and the rules and regulations adopted
8 therewith and shall give bond to the State of Illinois,
9 approved by the Governor, in the sum of $25,000. Every such
10 bond, when duly executed and approved, shall be recorded in the
11 office of the Secretary of State. Whenever the Governor
12 determines that the bond of any member of the Board has become
13 or is likely to become invalid or insufficient, he shall
14 require such member forthwith to renew his bond, which is to be
15 approved by the Governor. Any member of the Board who fails to
16 take oath and give bond within 30 days from the date of his
17 appointment, or who fails to renew his bond within 30 days
18 after it is demanded by the Governor, shall be guilty of
19 neglect of duty and may be removed by the Governor. The cost of
20 any bond given by any member of the Board under this Section
21 shall be taken to be a part of the necessary expenses of the
22 Board.
23     (8) The Upon the request of the Board, the Department shall
24 employ such personnel as may be necessary to carry out its the
25 functions and shall determine the salaries of all personnel,
26 except those personnel whose salaries are determined under the

 

 

HB0261 Engrossed - 36 - LRB096 00228 AMC 10234 b

1 terms of a collective bargaining agreement of the Board. No
2 person shall be employed to serve the Board who is, or whose
3 spouse, parent or child is, an official of, or has a financial
4 interest in or financial relation with, any operator engaged in
5 gambling operations within this State or any organization
6 engaged in conducting horse racing within this State. Any
7 employee violating these prohibitions shall be subject to
8 termination of employment.
9     (9) An Administrator shall perform any and all duties that
10 the Board shall assign him. The salary of the Administrator
11 shall be determined by the Board and approved by the Director
12 of the Department and, in addition, he shall be reimbursed for
13 all actual and necessary expenses incurred by him in discharge
14 of his official duties. The Administrator shall keep records of
15 all proceedings of the Board and shall preserve all records,
16 books, documents and other papers belonging to the Board or
17 entrusted to its care. The Administrator shall devote his full
18 time to the duties of the office and shall not hold any other
19 office or employment.
20     (b) The Board shall have general responsibility for the
21 implementation of this Act. Its duties include, without
22 limitation, the following:
23         (1) To decide promptly and in reasonable order all
24     license applications. Any party aggrieved by an action of
25     the Board denying, suspending, revoking, restricting or
26     refusing to renew a license may request a hearing before

 

 

HB0261 Engrossed - 37 - LRB096 00228 AMC 10234 b

1     the Board. A request for a hearing must be made to the
2     Board in writing within 5 days after service of notice of
3     the action of the Board. Notice of the action of the Board
4     shall be served either by personal delivery or by certified
5     mail, postage prepaid, to the aggrieved party. Notice
6     served by certified mail shall be deemed complete on the
7     business day following the date of such mailing. The Board
8     shall conduct all requested hearings promptly and in
9     reasonable order;
10         (2) To conduct all hearings pertaining to civil
11     violations of this Act or rules and regulations promulgated
12     hereunder;
13         (3) To promulgate such rules and regulations as in its
14     judgment may be necessary to protect or enhance the
15     credibility and integrity of gambling operations
16     authorized by this Act and the regulatory process
17     hereunder;
18         (4) To provide for the establishment and collection of
19     all license and registration fees and taxes imposed by this
20     Act and the rules and regulations issued pursuant hereto.
21     All such fees and taxes shall be deposited into the State
22     Gaming Fund;
23         (5) To provide for the levy and collection of penalties
24     and fines for the violation of provisions of this Act and
25     the rules and regulations promulgated hereunder. All such
26     fines and penalties shall be deposited into the Education

 

 

HB0261 Engrossed - 38 - LRB096 00228 AMC 10234 b

1     Assistance Fund, created by Public Act 86-0018, of the
2     State of Illinois;
3         (6) To be present through its inspectors and agents any
4     time gambling operations are conducted on any riverboat for
5     the purpose of certifying the revenue thereof, receiving
6     complaints from the public, and conducting such other
7     investigations into the conduct of the gambling games and
8     the maintenance of the equipment as from time to time the
9     Board may deem necessary and proper;
10         (7) To review and rule upon any complaint by a licensee
11     regarding any investigative procedures of the State which
12     are unnecessarily disruptive of gambling operations. The
13     need to inspect and investigate shall be presumed at all
14     times. The disruption of a licensee's operations shall be
15     proved by clear and convincing evidence, and establish
16     that: (A) the procedures had no reasonable law enforcement
17     purposes, and (B) the procedures were so disruptive as to
18     unreasonably inhibit gambling operations;
19         (8) To hold at least one meeting each quarter of the
20     fiscal year. In addition, special meetings may be called by
21     the Chairman or any 2 Board members upon 72 hours written
22     notice to each member. All Board meetings shall be subject
23     to the Open Meetings Act. Three members of the Board shall
24     constitute a quorum, and 3 votes shall be required for any
25     final determination by the Board. The Board shall keep a
26     complete and accurate record of all its meetings. A

 

 

HB0261 Engrossed - 39 - LRB096 00228 AMC 10234 b

1     majority of the members of the Board shall constitute a
2     quorum for the transaction of any business, for the
3     performance of any duty, or for the exercise of any power
4     which this Act requires the Board members to transact,
5     perform or exercise en banc, except that, upon order of the
6     Board, one of the Board members or an administrative law
7     judge designated by the Board may conduct any hearing
8     provided for under this Act or by Board rule and may
9     recommend findings and decisions to the Board. The Board
10     member or administrative law judge conducting such hearing
11     shall have all powers and rights granted to the Board in
12     this Act. The record made at the time of the hearing shall
13     be reviewed by the Board, or a majority thereof, and the
14     findings and decision of the majority of the Board shall
15     constitute the order of the Board in such case;
16         (9) To maintain records which are separate and distinct
17     from the records of any other State board or commission.
18     Such records shall be available for public inspection and
19     shall accurately reflect all Board proceedings;
20         (10) To file a written annual report with the Governor
21     on or before March 1 each year and such additional reports
22     as the Governor may request. The annual report shall
23     include a statement of receipts and disbursements by the
24     Board, actions taken by the Board, and any additional
25     information and recommendations which the Board may deem
26     valuable or which the Governor may request;

 

 

HB0261 Engrossed - 40 - LRB096 00228 AMC 10234 b

1         (11) (Blank); and
2         (12) (Blank); and To assume responsibility for the
3     administration and enforcement of the Bingo License and Tax
4     Act, the Charitable Games Act, and the Pull Tabs and Jar
5     Games Act if such responsibility is delegated to it by the
6     Director of Revenue.
7         (13) To adopt, by rule, a code of conduct governing
8     Board members and employees that ensure, to the maximum
9     extent possible, that persons subject to this Code avoid
10     situations, relationships, or associations that may
11     represent or lead to a conflict of interest.
12     (c) The Board shall have jurisdiction over and shall
13 supervise all gambling operations governed by this Act. The
14 Board shall have all powers necessary and proper to fully and
15 effectively execute the provisions of this Act, including, but
16 not limited to, the following:
17         (1) To investigate applicants and determine the
18     eligibility of applicants for licenses and to select among
19     competing applicants the applicants which best serve the
20     interests of the citizens of Illinois.
21         (2) To have jurisdiction and supervision over all
22     riverboat gambling operations in this State and all persons
23     on riverboats where gambling operations are conducted.
24         (3) To promulgate rules and regulations for the purpose
25     of administering the provisions of this Act and to
26     prescribe rules, regulations and conditions under which

 

 

HB0261 Engrossed - 41 - LRB096 00228 AMC 10234 b

1     all riverboat gambling in the State shall be conducted.
2     Such rules and regulations are to provide for the
3     prevention of practices detrimental to the public interest
4     and for the best interests of riverboat gambling, including
5     rules and regulations regarding the inspection of such
6     riverboats and the review of any permits or licenses
7     necessary to operate a riverboat under any laws or
8     regulations applicable to riverboats, and to impose
9     penalties for violations thereof.
10         (4) To enter the office, riverboats, facilities, or
11     other places of business of a licensee, where evidence of
12     the compliance or noncompliance with the provisions of this
13     Act is likely to be found.
14         (5) To investigate alleged violations of this Act or
15     the rules of the Board and to take appropriate disciplinary
16     action against a licensee or a holder of an occupational
17     license for a violation, or institute appropriate legal
18     action for enforcement, or both.
19         (6) To adopt standards for the licensing of all persons
20     under this Act, as well as for electronic or mechanical
21     gambling games, and to establish fees for such licenses.
22         (7) To adopt appropriate standards for all riverboats
23     and facilities.
24         (8) To require that the records, including financial or
25     other statements of any licensee under this Act, shall be
26     kept in such manner as prescribed by the Board and that any

 

 

HB0261 Engrossed - 42 - LRB096 00228 AMC 10234 b

1     such licensee involved in the ownership or management of
2     gambling operations submit to the Board an annual balance
3     sheet and profit and loss statement, list of the
4     stockholders or other persons having a 1% or greater
5     beneficial interest in the gambling activities of each
6     licensee, and any other information the Board deems
7     necessary in order to effectively administer this Act and
8     all rules, regulations, orders and final decisions
9     promulgated under this Act.
10         (9) To conduct hearings, issue subpoenas for the
11     attendance of witnesses and subpoenas duces tecum for the
12     production of books, records and other pertinent documents
13     in accordance with the Illinois Administrative Procedure
14     Act, and to administer oaths and affirmations to the
15     witnesses, when, in the judgment of the Board, it is
16     necessary to administer or enforce this Act or the Board
17     rules.
18         (10) To prescribe a form to be used by any licensee
19     involved in the ownership or management of gambling
20     operations as an application for employment for their
21     employees.
22         (11) To revoke or suspend licenses, as the Board may
23     see fit and in compliance with applicable laws of the State
24     regarding administrative procedures, and to review
25     applications for the renewal of licenses. The Board may
26     suspend an owners license, without notice or hearing upon a

 

 

HB0261 Engrossed - 43 - LRB096 00228 AMC 10234 b

1     determination that the safety or health of patrons or
2     employees is jeopardized by continuing a riverboat's
3     operation. The suspension may remain in effect until the
4     Board determines that the cause for suspension has been
5     abated. The Board may revoke the owners license upon a
6     determination that the owner has not made satisfactory
7     progress toward abating the hazard.
8         (12) To eject or exclude or authorize the ejection or
9     exclusion of, any person from riverboat gambling
10     facilities where such person is in violation of this Act,
11     rules and regulations thereunder, or final orders of the
12     Board, or where such person's conduct or reputation is such
13     that his presence within the riverboat gambling facilities
14     may, in the opinion of the Board, call into question the
15     honesty and integrity of the gambling operations or
16     interfere with orderly conduct thereof; provided that the
17     propriety of such ejection or exclusion is subject to
18     subsequent hearing by the Board.
19         (13) To require all licensees of gambling operations to
20     utilize a cashless wagering system whereby all players'
21     money is converted to tokens, electronic cards, or chips
22     which shall be used only for wagering in the gambling
23     establishment.
24         (14) (Blank).
25         (15) To suspend, revoke or restrict licenses, to
26     require the removal of a licensee or an employee of a

 

 

HB0261 Engrossed - 44 - LRB096 00228 AMC 10234 b

1     licensee for a violation of this Act or a Board rule or for
2     engaging in a fraudulent practice, and to impose civil
3     penalties of up to $5,000 against individuals and up to
4     $10,000 or an amount equal to the daily gross receipts,
5     whichever is larger, against licensees for each violation
6     of any provision of the Act, any rules adopted by the
7     Board, any order of the Board or any other action which, in
8     the Board's discretion, is a detriment or impediment to
9     riverboat gambling operations.
10         (16) To hire employees to gather information, conduct
11     investigations and carry out any other tasks contemplated
12     under this Act.
13         (17) To establish minimum levels of insurance to be
14     maintained by licensees.
15         (18) To authorize a licensee to sell or serve alcoholic
16     liquors, wine or beer as defined in the Liquor Control Act
17     of 1934 on board a riverboat and to have exclusive
18     authority to establish the hours for sale and consumption
19     of alcoholic liquor on board a riverboat, notwithstanding
20     any provision of the Liquor Control Act of 1934 or any
21     local ordinance, and regardless of whether the riverboat
22     makes excursions. The establishment of the hours for sale
23     and consumption of alcoholic liquor on board a riverboat is
24     an exclusive power and function of the State. A home rule
25     unit may not establish the hours for sale and consumption
26     of alcoholic liquor on board a riverboat. This amendatory

 

 

HB0261 Engrossed - 45 - LRB096 00228 AMC 10234 b

1     Act of 1991 is a denial and limitation of home rule powers
2     and functions under subsection (h) of Section 6 of Article
3     VII of the Illinois Constitution.
4         (19) After consultation with the U.S. Army Corps of
5     Engineers, to establish binding emergency orders upon the
6     concurrence of a majority of the members of the Board
7     regarding the navigability of water, relative to
8     excursions, in the event of extreme weather conditions,
9     acts of God or other extreme circumstances.
10         (20) To delegate the execution of any of its powers
11     under this Act for the purpose of administering and
12     enforcing this Act and its rules and regulations hereunder.
13         (20.5) To approve any contract entered into on its
14     behalf.
15         (20.6) To appoint investigators to conduct
16     investigations, searches, seizures, arrests, and other
17     duties imposed under this Act, as deemed necessary by the
18     Board. These investigators have and may exercise all of the
19     rights and powers of peace officers, provided that these
20     powers shall be limited to offenses or violations occurring
21     or committed on a riverboat or dock, as defined in
22     subsections (d) and (f) of Section 4, or as otherwise
23     provided by this Act or any other law.
24         (20.7) To contract with the Department of State Police
25     for the use of trained and qualified State police officers
26     and with the Department of Revenue for the use of trained

 

 

HB0261 Engrossed - 46 - LRB096 00228 AMC 10234 b

1     and qualified Department of Revenue investigators to
2     conduct investigations, searches, seizures, arrests, and
3     other duties imposed under this Act and to exercise all of
4     the rights and powers of peace officers, provided that the
5     powers of Department of Revenue investigators under this
6     subdivision (20.7) shall be limited to offenses or
7     violations occurring or committed on a riverboat or dock,
8     as defined in subsections (d) and (f) of Section 4, or as
9     otherwise provided by this Act or any other law. In the
10     event the Department of State Police or the Department of
11     Revenue is unable to fill contracted police or
12     investigative positions, the Board may appoint
13     investigators to fill those positions pursuant to
14     subdivision (20.6).
15         (21) To take any other action as may be reasonable or
16     appropriate to enforce this Act and rules and regulations
17     hereunder.
18     (d) The Board may seek and shall receive the cooperation of
19 the Department of State Police in conducting background
20 investigations of applicants and in fulfilling its
21 responsibilities under this Section. Costs incurred by the
22 Department of State Police as a result of such cooperation
23 shall be paid by the Board in conformance with the requirements
24 of Section 2605-400 of the Department of State Police Law (20
25 ILCS 2605/2605-400).
26     (e) The Board must authorize to each investigator and to

 

 

HB0261 Engrossed - 47 - LRB096 00228 AMC 10234 b

1 any other employee of the Board exercising the powers of a
2 peace officer a distinct badge that, on its face, (i) clearly
3 states that the badge is authorized by the Board and (ii)
4 contains a unique identifying number. No other badge shall be
5 authorized by the Board.
6 (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883,
7 eff. 1-1-01.)
 
8     (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
9     Sec. 5.1. Disclosure of records.
10     (a) Notwithstanding any applicable statutory provision to
11 the contrary, the Board shall, on written request from any
12 person, provide information furnished by an applicant or
13 licensee concerning the applicant or licensee, his products,
14 services or gambling enterprises and his business holdings, as
15 follows:
16         (1) The name, business address and business telephone
17     number of any applicant or licensee.
18         (2) An identification of any applicant or licensee
19     including, if an applicant or licensee is not an
20     individual, the state of incorporation or registration,
21     the corporate officers, and the identity of all
22     shareholders or participants. If an applicant or licensee
23     has a pending registration statement filed with the
24     Securities and Exchange Commission, only the names of those
25     persons or entities holding interest of 5% or more must be

 

 

HB0261 Engrossed - 48 - LRB096 00228 AMC 10234 b

1     provided.
2         (3) An identification of any business, including, if
3     applicable, the state of incorporation or registration, in
4     which an applicant or licensee or an applicant's or
5     licensee's spouse or children has an equity interest of
6     more than 1% 5%. If an applicant or licensee is a
7     corporation, partnership or other business entity, the
8     applicant or licensee shall identify any other
9     corporation, partnership or business entity in which it has
10     an equity interest of 1% 5% or more, including, if
11     applicable, the state of incorporation or registration.
12     This information need not be provided by a corporation,
13     partnership or other business entity that has a pending
14     registration statement filed with the Securities and
15     Exchange Commission.
16         (4) Whether an applicant or licensee has been indicted,
17     convicted, pleaded guilty or nolo contendere, or forfeited
18     bail concerning any criminal offense under the laws of any
19     jurisdiction, either felony or misdemeanor (except for
20     traffic violations), including the date, the name and
21     location of the court, arresting agency and prosecuting
22     agency, the case number, the offense, the disposition and
23     the location and length of incarceration.
24         (5) Whether an applicant or licensee has had any
25     license or certificate issued by a licensing authority in
26     Illinois or any other jurisdiction denied, restricted,

 

 

HB0261 Engrossed - 49 - LRB096 00228 AMC 10234 b

1     suspended, revoked or not renewed and a statement
2     describing the facts and circumstances concerning the
3     denial, restriction, suspension, revocation or
4     non-renewal, including the licensing authority, the date
5     each such action was taken, and the reason for each such
6     action.
7         (6) Whether an applicant or licensee has ever filed or
8     had filed against it a proceeding in bankruptcy or has ever
9     been involved in any formal process to adjust, defer,
10     suspend or otherwise work out the payment of any debt
11     including the date of filing, the name and location of the
12     court, the case and number of the disposition.
13         (7) Whether an applicant or licensee has filed, or been
14     served with a complaint or other notice filed with any
15     public body, regarding the delinquency in the payment of,
16     or a dispute over the filings concerning the payment of,
17     any tax required under federal, State or local law,
18     including the amount, type of tax, the taxing agency and
19     time periods involved.
20         (8) A statement listing the names and titles of all
21     public officials or officers of any unit of government, and
22     relatives of said public officials or officers who,
23     directly or indirectly, own any financial interest in, have
24     any beneficial interest in, are the creditors of or hold
25     any debt instrument issued by, or hold or have any interest
26     in any contractual or service relationship with, an

 

 

HB0261 Engrossed - 50 - LRB096 00228 AMC 10234 b

1     applicant or licensee.
2         (9) Whether an applicant or licensee has made, directly
3     or indirectly, any political contribution, or any loans,
4     donations or other payments, to any candidate or office
5     holder, within 5 years from the date of filing the
6     application, including the amount and the method of
7     payment.
8         (10) The name and business telephone number of the
9     counsel representing an applicant or licensee in matters
10     before the Board.
11         (11) A description of any proposed or approved
12     riverboat gaming operation, including the type of boat,
13     home dock location, expected economic benefit to the
14     community, anticipated or actual number of employees, any
15     statement from an applicant or licensee regarding
16     compliance with federal and State affirmative action
17     guidelines, projected or actual admissions and projected
18     or actual adjusted gross gaming receipts.
19         (12) A description of the product or service to be
20     supplied by an applicant for a supplier's license.
21     (b) Notwithstanding any applicable statutory provision to
22 the contrary, the Board shall, on written request from any
23 person, also provide the following information:
24         (1) The amount of the wagering tax and admission tax
25     paid daily to the State of Illinois by the holder of an
26     owner's license.

 

 

HB0261 Engrossed - 51 - LRB096 00228 AMC 10234 b

1         (2) Whenever the Board finds an applicant for an
2     owner's license unsuitable for licensing, a copy of the
3     written letter outlining the reasons for the denial.
4         (3) Whenever the Board has refused to grant leave for
5     an applicant to withdraw his application, a copy of the
6     letter outlining the reasons for the refusal.
7     (c) Subject to the above provisions, the Board shall not
8 disclose any information which would be barred by:
9         (1) Section 7 of the Freedom of Information Act; or
10         (2) The statutes, rules, regulations or
11     intergovernmental agreements of any jurisdiction.
12     (d) The Board may assess fees for the copying of
13 information in accordance with Section 6 of the Freedom of
14 Information Act.
15 (Source: P.A. 87-826.)
 
16     (230 ILCS 10/5.2 new)
17     Sec. 5.2. Separation from Department of Revenue. On the
18 effective date of this amendatory Act of the 96th General
19 Assembly, all of the powers, duties, assets, liabilities,
20 employees, contracts, property, records, pending business, and
21 unexpended appropriations of the Department of Revenue related
22 to the administration and enforcement of this Act are
23 transferred to the Illinois Gaming Board.
24     The status and rights of the transferred employees, and the
25 rights of the State of Illinois and its agencies, under the

 

 

HB0261 Engrossed - 52 - LRB096 00228 AMC 10234 b

1 Personnel Code and applicable collective bargaining agreements
2 or under any pension, retirement, or annuity plan are not
3 affected (except as provided in Sections 14-110 and 18-127 of
4 the Illinois Pension Code) by that transfer or by any other
5 provision of this amendatory Act of the 96th General Assembly.
 
6     (230 ILCS 10/6)  (from Ch. 120, par. 2406)
7     Sec. 6. Application for Owners License.
8     (a) A qualified person may apply to the Board for an owners
9 license to conduct a riverboat gambling operation as provided
10 in this Act. The application shall be made on forms provided by
11 the Board and shall contain such information as the Board
12 prescribes, including but not limited to the identity of the
13 riverboat on which such gambling operation is to be conducted
14 and the exact location where such riverboat will be docked, a
15 certification that the riverboat will be registered under this
16 Act at all times during which gambling operations are conducted
17 on board, detailed information regarding the ownership and
18 management of the applicant, and detailed personal information
19 regarding the applicant. Any application for an owners license
20 to be re-issued on or after June 1, 2003 shall also include the
21 applicant's license bid in a form prescribed by the Board.
22 Information provided on the application shall be used as a
23 basis for a thorough background investigation which the Board
24 shall conduct with respect to each applicant. An incomplete
25 application shall be cause for denial of a license by the

 

 

HB0261 Engrossed - 53 - LRB096 00228 AMC 10234 b

1 Board.
2     (b) Applicants shall submit with their application all
3 documents, resolutions, and letters of support from the
4 governing body that represents the municipality or county
5 wherein the licensee will dock.
6     (c) Each applicant shall disclose the identity of every
7 person, association, trust or corporation having a greater than
8 1% direct or indirect pecuniary interest in the riverboat
9 gambling operation with respect to which the license is sought.
10 If the disclosed entity is a trust, the application shall
11 disclose the names and addresses of the beneficiaries; if a
12 corporation, the names and addresses of all stockholders and
13 directors; if a partnership, the names and addresses of all
14 partners, both general and limited.
15     (d) An application shall be filed and considered in
16 accordance with the rules of the Board with the Board by
17 January 1 of the year preceding any calendar year for which an
18 applicant seeks an owners license; however, applications for an
19 owners license permitting operations on January 1, 1991 shall
20 be filed by July 1, 1990. An application fee of $50,000 shall
21 be paid at the time of filing to defray the costs associated
22 with the background investigation conducted by the Board. If
23 the costs of the investigation exceed $50,000, the applicant
24 shall pay the additional amount to the Board. If the costs of
25 the investigation are less than $50,000, the applicant shall
26 receive a refund of the remaining amount. All information,

 

 

HB0261 Engrossed - 54 - LRB096 00228 AMC 10234 b

1 records, interviews, reports, statements, memoranda or other
2 data supplied to or used by the Board in the course of its
3 review or investigation of an application for a license under
4 this Act shall be privileged, strictly confidential and shall
5 be used only for the purpose of evaluating an applicant. Such
6 information, records, interviews, reports, statements,
7 memoranda or other data shall not be admissible as evidence,
8 nor discoverable in any action of any kind in any court or
9 before any tribunal, board, agency or person, except for any
10 action deemed necessary by the Board.
11     (e) The Board shall charge each applicant a fee set by the
12 Department of State Police to defray the costs associated with
13 the search and classification of fingerprints obtained by the
14 Board with respect to the applicant's application. These fees
15 shall be paid into the State Police Services Fund.
16     (f) The licensed owner shall be the person primarily
17 responsible for the boat itself. Only one riverboat gambling
18 operation may be authorized by the Board on any riverboat. The
19 applicant must identify each riverboat it intends to use and
20 certify that the riverboat: (1) has the authorized capacity
21 required in this Act; (2) is accessible to disabled persons;
22 and (3) is fully registered and licensed in accordance with any
23 applicable laws.
24     (g) A person who knowingly makes a false statement on an
25 application is guilty of a Class A misdemeanor.
26 (Source: P.A. 93-28, eff. 6-20-03.)
 

 

 

HB0261 Engrossed - 55 - LRB096 00228 AMC 10234 b

1     (230 ILCS 10/7)  (from Ch. 120, par. 2407)
2     Sec. 7. Owners Licenses.
3     (a) The Board shall issue owners licenses to persons, firms
4 or corporations which apply for such licenses upon payment to
5 the Board of the non-refundable license fee set by the Board,
6 upon payment of a $25,000 license fee for the first year of
7 operation and a $5,000 license fee for each succeeding year and
8 upon a determination by the Board that the applicant is
9 eligible for an owners license pursuant to this Act and the
10 rules of the Board. From the effective date of this amendatory
11 Act of the 95th General Assembly until (i) 3 years after the
12 effective date of this amendatory Act of the 95th General
13 Assembly, (ii) the date any organization licensee begins to
14 operate a slot machine or video game of chance under the
15 Illinois Horse Racing Act of 1975 or this Act, (iii) the date
16 that payments begin under subsection (c-5) of Section 13 of the
17 Act, or (iv) the wagering tax imposed under Section 13 of this
18 Act is increased by law to reflect a tax rate that is at least
19 as stringent or more stringent than the tax rate contained in
20 subsection (a-3) of Section 13, whichever occurs first, as a
21 condition of licensure and as an alternative source of payment
22 for those funds payable under subsection (c-5) of Section 13 of
23 the Riverboat Gambling Act, any owners licensee that holds or
24 receives its owners license on or after the effective date of
25 this amendatory Act of the 94th General Assembly, other than an

 

 

HB0261 Engrossed - 56 - LRB096 00228 AMC 10234 b

1 owners licensee operating a riverboat with adjusted gross
2 receipts in calendar year 2004 of less than $200,000,000, must
3 pay into the Horse Racing Equity Trust Fund, in addition to any
4 other payments required under this Act, an amount equal to 3%
5 of the adjusted gross receipts received by the owners licensee.
6 The payments required under this Section shall be made by the
7 owners licensee to the State Treasurer no later than 3:00
8 o'clock p.m. of the day after the day when the adjusted gross
9 receipts were received by the owners licensee. A person, firm
10 or corporation is ineligible to receive an owners license if:
11         (1) the person has been convicted of a felony under the
12     laws of this State, any other state, or the United States;
13         (2) the person has been convicted of any violation of
14     Article 28 of the Criminal Code of 1961, or substantially
15     similar laws of any other jurisdiction;
16         (3) the person has submitted an application for a
17     license under this Act which contains false information;
18         (4) the person is a member of the Board;
19         (5) a person defined in (1), (2), (3) or (4) is an
20     officer, director or managerial employee of the firm or
21     corporation;
22         (6) the firm or corporation employs a person defined in
23     (1), (2), (3) or (4) who participates in the management or
24     operation of gambling operations authorized under this
25     Act;
26         (7) (blank); or

 

 

HB0261 Engrossed - 57 - LRB096 00228 AMC 10234 b

1         (8) a license of the person, firm or corporation issued
2     under this Act, or a license to own or operate gambling
3     facilities in any other jurisdiction, has been revoked.
4     The Board is expressly prohibited from making changes to
5 the requirement that licensees make payment into the Horse
6 Racing Equity Trust Fund without the express authority of the
7 Illinois General Assembly and making any other rule to
8 implement or interpret this amendatory Act of the 95th General
9 Assembly. For the purposes of this paragraph, "rules" is given
10 the meaning given to that term in Section 1-70 of the Illinois
11 Administrative Procedure Act.
12     (b) In determining whether to grant an owners license to an
13 applicant, the Board shall consider:
14         (1) the character, reputation, experience and
15     financial integrity of the applicants and of any other or
16     separate person that either:
17             (A) controls, directly or indirectly, such
18         applicant, or
19             (B) is controlled, directly or indirectly, by such
20         applicant or by a person which controls, directly or
21         indirectly, such applicant;
22         (2) the facilities or proposed facilities for the
23     conduct of riverboat gambling;
24         (3) the highest prospective total revenue to be derived
25     by the State from the conduct of riverboat gambling;
26         (4) the extent to which the ownership of the applicant

 

 

HB0261 Engrossed - 58 - LRB096 00228 AMC 10234 b

1     reflects the diversity of the State by including minority
2     persons, and females, and persons with a disability and the
3     good faith affirmative action plan of each applicant to
4     recruit, train and upgrade minority persons, and females,
5     and persons with a disability in all employment
6     classifications;
7         (5) the financial ability of the applicant to purchase
8     and maintain adequate liability and casualty insurance;
9         (6) whether the applicant has adequate capitalization
10     to provide and maintain, for the duration of a license, a
11     riverboat;
12         (7) the extent to which the applicant exceeds or meets
13     other standards for the issuance of an owners license which
14     the Board may adopt by rule; and
15         (8) The amount of the applicant's license bid.
16     (c) Each owners license shall specify the place where
17 riverboats shall operate and dock.
18     (d) Each applicant shall submit with his application, on
19 forms provided by the Board, 2 sets of his fingerprints.
20     (e) The Board may issue up to 10 licenses authorizing the
21 holders of such licenses to own riverboats. In the application
22 for an owners license, the applicant shall state the dock at
23 which the riverboat is based and the water on which the
24 riverboat will be located. The Board shall issue 5 licenses to
25 become effective not earlier than January 1, 1991. Three of
26 such licenses shall authorize riverboat gambling on the

 

 

HB0261 Engrossed - 59 - LRB096 00228 AMC 10234 b

1 Mississippi River, or, with approval by the municipality in
2 which the riverboat was docked on August 7, 2003 and with Board
3 approval, be authorized to relocate to a new location, in a
4 municipality that (1) borders on the Mississippi River or is
5 within 5 miles of the city limits of a municipality that
6 borders on the Mississippi River and (2), on August 7, 2003,
7 had a riverboat conducting riverboat gambling operations
8 pursuant to a license issued under this Act; one of which shall
9 authorize riverboat gambling from a home dock in the city of
10 East St. Louis. One other license shall authorize riverboat
11 gambling on the Illinois River south of Marshall County. The
12 Board shall issue one additional license to become effective
13 not earlier than March 1, 1992, which shall authorize riverboat
14 gambling on the Des Plaines River in Will County. The Board may
15 issue 4 additional licenses to become effective not earlier
16 than March 1, 1992. In determining the water upon which
17 riverboats will operate, the Board shall consider the economic
18 benefit which riverboat gambling confers on the State, and
19 shall seek to assure that all regions of the State share in the
20 economic benefits of riverboat gambling.
21     In granting all licenses, the Board may give favorable
22 consideration to economically depressed areas of the State, to
23 applicants presenting plans which provide for significant
24 economic development over a large geographic area, and to
25 applicants who currently operate non-gambling riverboats in
26 Illinois. The Board shall review all applications for owners

 

 

HB0261 Engrossed - 60 - LRB096 00228 AMC 10234 b

1 licenses, and shall inform each applicant of the Board's
2 decision. The Board may grant an owners license to an applicant
3 that has not submitted the highest license bid, but if it does
4 not select the highest bidder, the Board shall issue a written
5 decision explaining why another applicant was selected and
6 identifying the factors set forth in this Section that favored
7 the winning bidder.
8     In addition to any other revocation powers granted to the
9 Board under this Act, the Board may revoke the owners license
10 of a licensee which fails to begin conducting gambling within
11 15 months of receipt of the Board's approval of the application
12 if the Board determines that license revocation is in the best
13 interests of the State.
14     (f) The first 10 owners licenses issued under this Act
15 shall permit the holder to own up to 2 riverboats and equipment
16 thereon for a period of 3 years after the effective date of the
17 license. Holders of the first 10 owners licenses must pay the
18 annual license fee for each of the 3 years during which they
19 are authorized to own riverboats.
20     (g) Upon the termination, expiration, or revocation of each
21 of the first 10 licenses, which shall be issued for a 3 year
22 period, all licenses are renewable annually upon payment of the
23 fee and a determination by the Board that the licensee
24 continues to meet all of the requirements of this Act and the
25 Board's rules. However, for licenses renewed on or after May 1,
26 1998, renewal shall be for a period of 4 years, unless the

 

 

HB0261 Engrossed - 61 - LRB096 00228 AMC 10234 b

1 Board sets a shorter period.
2     (h) An owners license shall entitle the licensee to own up
3 to 2 riverboats. A licensee shall limit the number of gambling
4 participants to 1,200 for any such owners license. A licensee
5 may operate both of its riverboats concurrently, provided that
6 the total number of gambling participants on both riverboats
7 does not exceed 1,200. Riverboats licensed to operate on the
8 Mississippi River and the Illinois River south of Marshall
9 County shall have an authorized capacity of at least 500
10 persons. Any other riverboat licensed under this Act shall have
11 an authorized capacity of at least 400 persons.
12     (i) A licensed owner is authorized to apply to the Board
13 for and, if approved therefor, to receive all licenses from the
14 Board necessary for the operation of a riverboat, including a
15 liquor license, a license to prepare and serve food for human
16 consumption, and other necessary licenses. All use, occupation
17 and excise taxes which apply to the sale of food and beverages
18 in this State and all taxes imposed on the sale or use of
19 tangible personal property apply to such sales aboard the
20 riverboat.
21     (j) The Board may issue or re-issue a license authorizing a
22 riverboat to dock in a municipality or approve a relocation
23 under Section 11.2 only if, prior to the issuance or
24 re-issuance of the license or approval, the governing body of
25 the municipality in which the riverboat will dock has by a
26 majority vote approved the docking of riverboats in the

 

 

HB0261 Engrossed - 62 - LRB096 00228 AMC 10234 b

1 municipality. The Board may issue or re-issue a license
2 authorizing a riverboat to dock in areas of a county outside
3 any municipality or approve a relocation under Section 11.2
4 only if, prior to the issuance or re-issuance of the license or
5 approval, the governing body of the county has by a majority
6 vote approved of the docking of riverboats within such areas.
7 (Source: P.A. 94-667, eff. 8-23-05; 94-804, eff. 5-26-06;
8 95-1008, eff. 12-15-08.)
 
9     (230 ILCS 10/9)  (from Ch. 120, par. 2409)
10     Sec. 9. Occupational licenses.
11     (a) The Board may issue an occupational license to an
12 applicant upon the payment of a non-refundable fee set by the
13 Board, upon a determination by the Board that the applicant is
14 eligible for an occupational license and upon payment of an
15 annual license fee in an amount to be established. To be
16 eligible for an occupational license, an applicant must:
17         (1) be at least 21 years of age if the applicant will
18     perform any function involved in gaming by patrons. Any
19     applicant seeking an occupational license for a non-gaming
20     function shall be at least 18 years of age;
21         (2) not have been convicted of a felony offense, a
22     violation of Article 28 of the Criminal Code of 1961, or a
23     similar statute of any other jurisdiction, or a crime
24     involving dishonesty or moral turpitude;
25         (2.5) not have been convicted of a crime, other than a

 

 

HB0261 Engrossed - 63 - LRB096 00228 AMC 10234 b

1     crime described in item (2) of this subsection (a),
2     involving dishonesty or moral turpitude, except that the
3     Board may, in its discretion, issue an occupational license
4     to a person who has been convicted of a crime described in
5     this item (2.5) more than 10 years prior to his or her
6     application and has not subsequently been convicted of any
7     other crime;
8         (3) have demonstrated a level of skill or knowledge
9     which the Board determines to be necessary in order to
10     operate gambling aboard a riverboat; and
11         (4) have met standards for the holding of an
12     occupational license as adopted by rules of the Board. Such
13     rules shall provide that any person or entity seeking an
14     occupational license to manage gambling operations
15     hereunder shall be subject to background inquiries and
16     further requirements similar to those required of
17     applicants for an owners license. Furthermore, such rules
18     shall provide that each such entity shall be permitted to
19     manage gambling operations for only one licensed owner.
20     (b) Each application for an occupational license shall be
21 on forms prescribed by the Board and shall contain all
22 information required by the Board. The applicant shall set
23 forth in the application: whether he has been issued prior
24 gambling related licenses; whether he has been licensed in any
25 other state under any other name, and, if so, such name and his
26 age; and whether or not a permit or license issued to him in

 

 

HB0261 Engrossed - 64 - LRB096 00228 AMC 10234 b

1 any other state has been suspended, restricted or revoked, and,
2 if so, for what period of time.
3     (c) Each applicant shall submit with his application, on
4 forms provided by the Board, 2 sets of his fingerprints. The
5 Board shall charge each applicant a fee set by the Department
6 of State Police to defray the costs associated with the search
7 and classification of fingerprints obtained by the Board with
8 respect to the applicant's application. These fees shall be
9 paid into the State Police Services Fund.
10     (d) The Board may in its discretion refuse an occupational
11 license to any person: (1) who is unqualified to perform the
12 duties required of such applicant; (2) who fails to disclose or
13 states falsely any information called for in the application;
14 (3) who has been found guilty of a violation of this Act or
15 whose prior gambling related license or application therefor
16 has been suspended, restricted, revoked or denied for just
17 cause in any other state; or (4) for any other just cause.
18     (e) The Board may suspend, revoke or restrict any
19 occupational licensee: (1) for violation of any provision of
20 this Act; (2) for violation of any of the rules and regulations
21 of the Board; (3) for any cause which, if known to the Board,
22 would have disqualified the applicant from receiving such
23 license; or (4) for default in the payment of any obligation or
24 debt due to the State of Illinois; or (5) for any other just
25 cause.
26     (f) A person who knowingly makes a false statement on an

 

 

HB0261 Engrossed - 65 - LRB096 00228 AMC 10234 b

1 application is guilty of a Class A misdemeanor.
2     (g) Any license issued pursuant to this Section shall be
3 valid for a period of one year from the date of issuance.
4     (h) Nothing in this Act shall be interpreted to prohibit a
5 licensed owner from entering into an agreement with a public
6 community college or a school approved under the Private
7 Business and Vocational Schools Act for the training of any
8 occupational licensee. Any training offered by such a school
9 shall be in accordance with a written agreement between the
10 licensed owner and the school.
11     (i) Any training provided for occupational licensees may be
12 conducted either on the riverboat or at a school with which a
13 licensed owner has entered into an agreement pursuant to
14 subsection (h).
15 (Source: P.A. 86-1029; 87-826.)
 
16     (230 ILCS 10/11)  (from Ch. 120, par. 2411)
17     Sec. 11. Conduct of gambling. Gambling may be conducted by
18 licensed owners or licensed managers on behalf of the State
19 aboard riverboats, subject to the following standards:
20         (1) A licensee may conduct riverboat gambling
21     authorized under this Act regardless of whether it conducts
22     excursion cruises. A licensee may permit the continuous
23     ingress and egress of passengers on a riverboat not used
24     for excursion cruises for the purpose of gambling.
25     Excursion cruises shall not exceed 4 hours for a round

 

 

HB0261 Engrossed - 66 - LRB096 00228 AMC 10234 b

1     trip. However, the Board may grant express approval for an
2     extended cruise on a case-by-case basis.
3         (2) (Blank).
4         (3) Minimum and maximum wagers on games shall be set by
5     the licensee.
6         (4) Agents of the Board and the Department of State
7     Police may board and inspect any riverboat at any time for
8     the purpose of determining whether this Act is being
9     complied with. Every riverboat, if under way and being
10     hailed by a law enforcement officer or agent of the Board,
11     must stop immediately and lay to.
12         (5) Employees of the Board shall have the right to be
13     present on the riverboat or on adjacent facilities under
14     the control of the licensee.
15         (6) Gambling equipment and supplies customarily used
16     in conducting riverboat gambling must be purchased or
17     leased only from suppliers licensed for such purpose under
18     this Act. The Board may approve the transfer, sale, or
19     lease of gambling equipment and supplies by a licensed
20     owner from or to an affiliate of the licensed owner as long
21     as the gambling equipment and supplies were initially
22     acquired from a supplier licensed in Illinois.
23         (7) Persons licensed under this Act shall permit no
24     form of wagering on gambling games except as permitted by
25     this Act.
26         (8) Wagers may be received only from a person present

 

 

HB0261 Engrossed - 67 - LRB096 00228 AMC 10234 b

1     on a licensed riverboat. No person present on a licensed
2     riverboat shall place or attempt to place a wager on behalf
3     of another person who is not present on the riverboat.
4         (9) Wagering shall not be conducted with money or other
5     negotiable currency.
6         (10) A person under age 21 shall not be permitted on an
7     area of a riverboat where gambling is being conducted,
8     except for a person at least 18 years of age who is an
9     employee of the riverboat gambling operation. No employee
10     under age 21 shall perform any function involved in
11     gambling by the patrons. No person under age 21 shall be
12     permitted to make a wager under this Act, and any winnings
13     that are a result of a wager by a person under age 21,
14     whether or not paid by a licensee, shall be treated as
15     winnings for the privilege tax purposes, confiscated, and
16     forfeited to the State and deposited into the Education
17     Assistance Fund.
18         (11) Gambling excursion cruises are permitted only
19     when the waterway for which the riverboat is licensed is
20     navigable, as determined by the Board in consultation with
21     the U.S. Army Corps of Engineers. This paragraph (11) does
22     not limit the ability of a licensee to conduct gambling
23     authorized under this Act when gambling excursion cruises
24     are not permitted.
25         (12) All tokens, chips or electronic cards used to make
26     wagers must be purchased from a licensed owner or manager

 

 

HB0261 Engrossed - 68 - LRB096 00228 AMC 10234 b

1     either aboard a riverboat or at an onshore facility which
2     has been approved by the Board and which is located where
3     the riverboat docks. The tokens, chips or electronic cards
4     may be purchased by means of an agreement under which the
5     owner or manager extends credit to the patron. Such tokens,
6     chips or electronic cards may be used while aboard the
7     riverboat only for the purpose of making wagers on gambling
8     games.
9         (13) Notwithstanding any other Section of this Act, in
10     addition to the other licenses authorized under this Act,
11     the Board may issue special event licenses allowing persons
12     who are not otherwise licensed to conduct riverboat
13     gambling to conduct such gambling on a specified date or
14     series of dates. Riverboat gambling under such a license
15     may take place on a riverboat not normally used for
16     riverboat gambling. The Board shall establish standards,
17     fees and fines for, and limitations upon, such licenses,
18     which may differ from the standards, fees, fines and
19     limitations otherwise applicable under this Act. All such
20     fees shall be deposited into the State Gaming Fund. All
21     such fines shall be deposited into the Education Assistance
22     Fund, created by Public Act 86-0018, of the State of
23     Illinois.
24         (14) In addition to the above, gambling must be
25     conducted in accordance with all rules adopted by the
26     Board.

 

 

HB0261 Engrossed - 69 - LRB096 00228 AMC 10234 b

1 (Source: P.A. 93-28, eff. 6-20-03.)
 
2     (230 ILCS 10/12)  (from Ch. 120, par. 2412)
3     Sec. 12. Admission tax; fees.
4     (a) A tax is hereby imposed upon admissions to riverboats
5 operated by licensed owners authorized pursuant to this Act.
6 Until July 1, 2002, the rate is $2 per person admitted. From
7 July 1, 2002 until July 1, 2003, the rate is $3 per person
8 admitted. From July 1, 2003 until August 23, 2005 (the
9 effective date of Public Act 94-673) this amendatory Act of the
10 94th General Assembly, for a licensee that admitted 1,000,000
11 persons or fewer in the previous calendar year, the rate is $3
12 per person admitted; for a licensee that admitted more than
13 1,000,000 but no more than 2,300,000 persons in the previous
14 calendar year, the rate is $4 per person admitted; and for a
15 licensee that admitted more than 2,300,000 persons in the
16 previous calendar year, the rate is $5 per person admitted.
17 Beginning on August 23, 2005( the effective date of Public Act
18 94-673) this amendatory Act of the 94th General Assembly, for a
19 licensee that admitted 1,000,000 persons or fewer in calendar
20 year 2004, the rate is $2 per person admitted, and for all
21 other licensees, including licensees that were not conducting
22 gambling operations in 2004, the rate is $3 per person
23 admitted. This admission tax is imposed upon the licensed owner
24 conducting gambling.
25         (1) The admission tax shall be paid for each admission,

 

 

HB0261 Engrossed - 70 - LRB096 00228 AMC 10234 b

1     except that a person who exits a riverboat gambling
2     facility and reenters that riverboat gambling facility
3     within the same gaming day shall be subject only to the
4     initial admission tax.
5         (2) (Blank).
6         (3) The riverboat licensee may issue tax-free passes to
7     actual and necessary officials and employees of the
8     licensee or other persons actually working on the
9     riverboat.
10         (4) The number and issuance of tax-free passes is
11     subject to the rules of the Board, and a list of all
12     persons to whom the tax-free passes are issued shall be
13     filed with the Board.
14     (a-5) A fee is hereby imposed upon admissions operated by
15 licensed managers on behalf of the State pursuant to Section
16 7.3 at the rates provided in this subsection (a-5). For a
17 licensee that admitted 1,000,000 persons or fewer in the
18 previous calendar year, the rate is $3 per person admitted; for
19 a licensee that admitted more than 1,000,000 but no more than
20 2,300,000 persons in the previous calendar year, the rate is $4
21 per person admitted; and for a licensee that admitted more than
22 2,300,000 persons in the previous calendar year, the rate is $5
23 per person admitted.
24         (1) The admission fee shall be paid for each admission.
25         (2) (Blank).
26         (3) The licensed manager may issue fee-free passes to

 

 

HB0261 Engrossed - 71 - LRB096 00228 AMC 10234 b

1     actual and necessary officials and employees of the manager
2     or other persons actually working on the riverboat.
3         (4) The number and issuance of fee-free passes is
4     subject to the rules of the Board, and a list of all
5     persons to whom the fee-free passes are issued shall be
6     filed with the Board.
7     (b) From the tax imposed under subsection (a) and the fee
8 imposed under subsection (a-5), a municipality shall receive
9 from the State $1 for each person embarking on a riverboat
10 docked within the municipality, and a county shall receive $1
11 for each person embarking on a riverboat docked within the
12 county but outside the boundaries of any municipality. The
13 municipality's or county's share shall be collected by the
14 Board on behalf of the State and remitted quarterly by the
15 State, subject to appropriation, to the treasurer of the unit
16 of local government for deposit in the general fund.
17     (c) The licensed owner shall pay the entire admission tax
18 to the Board and the licensed manager shall pay the entire
19 admission fee to the Board. Such payments shall be made daily.
20 Accompanying each payment shall be a return on forms provided
21 by the Board which shall include other information regarding
22 admissions as the Board may require. Failure to submit either
23 the payment or the return within the specified time may result
24 in suspension or revocation of the owners or managers license.
25     (d) The Board shall administer and collect the admission
26 tax imposed by this Section, to the extent practicable, in a

 

 

HB0261 Engrossed - 72 - LRB096 00228 AMC 10234 b

1 manner consistent with the provisions of Sections 4, 5, 5a, 5b,
2 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
3 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
4 Penalty and Interest Act.
5 (Source: P.A. 94-673, eff. 8-23-05; 95-663, eff. 10-11-07.)
 
6     (230 ILCS 10/13)  (from Ch. 120, par. 2413)
7     Sec. 13. Wagering tax; rate; distribution.
8     (a) Until January 1, 1998, a tax is imposed on the adjusted
9 gross receipts received from gambling games authorized under
10 this Act at the rate of 20%.
11     (a-1) From January 1, 1998 until July 1, 2002, a privilege
12 tax is imposed on persons engaged in the business of conducting
13 riverboat gambling operations, based on the adjusted gross
14 receipts received by a licensed owner from gambling games
15 authorized under this Act at the following rates:
16         15% of annual adjusted gross receipts up to and
17     including $25,000,000;
18         20% of annual adjusted gross receipts in excess of
19     $25,000,000 but not exceeding $50,000,000;
20         25% of annual adjusted gross receipts in excess of
21     $50,000,000 but not exceeding $75,000,000;
22         30% of annual adjusted gross receipts in excess of
23     $75,000,000 but not exceeding $100,000,000;
24         35% of annual adjusted gross receipts in excess of
25     $100,000,000.

 

 

HB0261 Engrossed - 73 - LRB096 00228 AMC 10234 b

1     (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
2 is imposed on persons engaged in the business of conducting
3 riverboat gambling operations, other than licensed managers
4 conducting riverboat gambling operations on behalf of the
5 State, based on the adjusted gross receipts received by a
6 licensed owner from gambling games authorized under this Act at
7 the following rates:
8         15% of annual adjusted gross receipts up to and
9     including $25,000,000;
10         22.5% of annual adjusted gross receipts in excess of
11     $25,000,000 but not exceeding $50,000,000;
12         27.5% of annual adjusted gross receipts in excess of
13     $50,000,000 but not exceeding $75,000,000;
14         32.5% of annual adjusted gross receipts in excess of
15     $75,000,000 but not exceeding $100,000,000;
16         37.5% of annual adjusted gross receipts in excess of
17     $100,000,000 but not exceeding $150,000,000;
18         45% of annual adjusted gross receipts in excess of
19     $150,000,000 but not exceeding $200,000,000;
20         50% of annual adjusted gross receipts in excess of
21     $200,000,000.
22     (a-3) Beginning July 1, 2003, a privilege tax is imposed on
23 persons engaged in the business of conducting riverboat
24 gambling operations, other than licensed managers conducting
25 riverboat gambling operations on behalf of the State, based on
26 the adjusted gross receipts received by a licensed owner from

 

 

HB0261 Engrossed - 74 - LRB096 00228 AMC 10234 b

1 gambling games authorized under this Act at the following
2 rates:
3         15% of annual adjusted gross receipts up to and
4     including $25,000,000;
5         27.5% of annual adjusted gross receipts in excess of
6     $25,000,000 but not exceeding $37,500,000;
7         32.5% of annual adjusted gross receipts in excess of
8     $37,500,000 but not exceeding $50,000,000;
9         37.5% of annual adjusted gross receipts in excess of
10     $50,000,000 but not exceeding $75,000,000;
11         45% of annual adjusted gross receipts in excess of
12     $75,000,000 but not exceeding $100,000,000;
13         50% of annual adjusted gross receipts in excess of
14     $100,000,000 but not exceeding $250,000,000;
15         70% of annual adjusted gross receipts in excess of
16     $250,000,000.
17     An amount equal to the amount of wagering taxes collected
18 under this subsection (a-3) that are in addition to the amount
19 of wagering taxes that would have been collected if the
20 wagering tax rates under subsection (a-2) were in effect shall
21 be paid into the Common School Fund.
22     The privilege tax imposed under this subsection (a-3) shall
23 no longer be imposed beginning on the earlier of (i) July 1,
24 2005; (ii) the first date after June 20, 2003 that riverboat
25 gambling operations are conducted pursuant to a dormant
26 license; or (iii) the first day that riverboat gambling

 

 

HB0261 Engrossed - 75 - LRB096 00228 AMC 10234 b

1 operations are conducted under the authority of an owners
2 license that is in addition to the 10 owners licenses initially
3 authorized under this Act. For the purposes of this subsection
4 (a-3), the term "dormant license" means an owners license that
5 is authorized by this Act under which no riverboat gambling
6 operations are being conducted on June 20, 2003.
7     (a-4) Beginning on the first day on which the tax imposed
8 under subsection (a-3) is no longer imposed, a privilege tax is
9 imposed on persons engaged in the business of conducting
10 riverboat gambling operations, other than licensed managers
11 conducting riverboat gambling operations on behalf of the
12 State, based on the adjusted gross receipts received by a
13 licensed owner from gambling games authorized under this Act at
14 the following rates:
15         15% of annual adjusted gross receipts up to and
16     including $25,000,000;
17         22.5% of annual adjusted gross receipts in excess of
18     $25,000,000 but not exceeding $50,000,000;
19         27.5% of annual adjusted gross receipts in excess of
20     $50,000,000 but not exceeding $75,000,000;
21         32.5% of annual adjusted gross receipts in excess of
22     $75,000,000 but not exceeding $100,000,000;
23         37.5% of annual adjusted gross receipts in excess of
24     $100,000,000 but not exceeding $150,000,000;
25         45% of annual adjusted gross receipts in excess of
26     $150,000,000 but not exceeding $200,000,000;

 

 

HB0261 Engrossed - 76 - LRB096 00228 AMC 10234 b

1         50% of annual adjusted gross receipts in excess of
2     $200,000,000.
3     (a-8) Riverboat gambling operations conducted by a
4 licensed manager on behalf of the State are not subject to the
5 tax imposed under this Section.
6     (a-10) The taxes imposed by this Section shall be paid by
7 the licensed owner to the Board not later than 5:00 3:00
8 o'clock p.m. of the day after the day when the wagers were
9 made.
10     (a-15) If the privilege tax imposed under subsection (a-3)
11 is no longer imposed pursuant to item (i) of the last paragraph
12 of subsection (a-3), then by June 15 of each year, each owners
13 licensee, other than an owners licensee that admitted 1,000,000
14 persons or fewer in calendar year 2004, must, in addition to
15 the payment of all amounts otherwise due under this Section,
16 pay to the Board a reconciliation payment in the amount, if
17 any, by which the licensed owner's base amount exceeds the
18 amount of net privilege tax paid by the licensed owner to the
19 Board in the then current State fiscal year. A licensed owner's
20 net privilege tax obligation due for the balance of the State
21 fiscal year shall be reduced up to the total of the amount paid
22 by the licensed owner in its June 15 reconciliation payment.
23 The obligation imposed by this subsection (a-15) is binding on
24 any person, firm, corporation, or other entity that acquires an
25 ownership interest in any such owners license. The obligation
26 imposed under this subsection (a-15) terminates on the earliest

 

 

HB0261 Engrossed - 77 - LRB096 00228 AMC 10234 b

1 of: (i) July 1, 2007, (ii) the first day after the effective
2 date of this amendatory Act of the 94th General Assembly that
3 riverboat gambling operations are conducted pursuant to a
4 dormant license, (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, or (iv) the first day that a
8 licensee under the Illinois Horse Racing Act of 1975 conducts
9 gaming operations with slot machines or other electronic gaming
10 devices. The Board must reduce the obligation imposed under
11 this subsection (a-15) by an amount the Board deems reasonable
12 for any of the following reasons: (A) an act or acts of God,
13 (B) an act of bioterrorism or terrorism or a bioterrorism or
14 terrorism threat that was investigated by a law enforcement
15 agency, or (C) a condition beyond the control of the owners
16 licensee that does not result from any act or omission by the
17 owners licensee or any of its agents and that poses a hazardous
18 threat to the health and safety of patrons. If an owners
19 licensee pays an amount in excess of its liability under this
20 Section, the Board shall apply the overpayment to future
21 payments required under this Section.
22     For purposes of this subsection (a-15):
23     "Act of God" means an incident caused by the operation of
24 an extraordinary force that cannot be foreseen, that cannot be
25 avoided by the exercise of due care, and for which no person
26 can be held liable.

 

 

HB0261 Engrossed - 78 - LRB096 00228 AMC 10234 b

1     "Base amount" means the following:
2         For a riverboat in Alton, $31,000,000.
3         For a riverboat in East Peoria, $43,000,000.
4         For the Empress riverboat in Joliet, $86,000,000.
5         For a riverboat in Metropolis, $45,000,000.
6         For the Harrah's riverboat in Joliet, $114,000,000.
7         For a riverboat in Aurora, $86,000,000.
8         For a riverboat in East St. Louis, $48,500,000.
9         For a riverboat in Elgin, $198,000,000.
10     "Dormant license" has the meaning ascribed to it in
11 subsection (a-3).
12     "Net privilege tax" means all privilege taxes paid by a
13 licensed owner to the Board under this Section, less all
14 payments made from the State Gaming Fund pursuant to subsection
15 (b) of this Section.
16     The changes made to this subsection (a-15) by Public Act
17 94-839 are intended to restate and clarify the intent of Public
18 Act 94-673 with respect to the amount of the payments required
19 to be made under this subsection by an owners licensee to the
20 Board.
21     (b) Until January 1, 1998, 25% of the tax revenue deposited
22 in the State Gaming Fund under this Section shall be paid,
23 subject to appropriation by the General Assembly, to the unit
24 of local government which is designated as the home dock of the
25 riverboat. Beginning January 1, 1998, from the tax revenue
26 deposited in the State Gaming Fund under this Section, an

 

 

HB0261 Engrossed - 79 - LRB096 00228 AMC 10234 b

1 amount equal to 5% of adjusted gross receipts generated by a
2 riverboat shall be paid monthly, subject to appropriation by
3 the General Assembly, to the unit of local government that is
4 designated as the home dock of the riverboat. From the tax
5 revenue deposited in the State Gaming Fund pursuant to
6 riverboat gambling operations conducted by a licensed manager
7 on behalf of the State, an amount equal to 5% of adjusted gross
8 receipts generated pursuant to those riverboat gambling
9 operations shall be paid monthly, subject to appropriation by
10 the General Assembly, to the unit of local government that is
11 designated as the home dock of the riverboat upon which those
12 riverboat gambling operations are conducted.
13     (c) Appropriations, as approved by the General Assembly,
14 may be made from the State Gaming Fund to the Board (i)
15 Department of Revenue and the Department of State Police for
16 the administration and enforcement of this Act, (ii) for
17 distribution to the Department of State Police and to the
18 Department of Revenue for the enforcement of this Act, and
19 (iii) or to the Department of Human Services for the
20 administration of programs to treat problem gambling.
21     (c-5) Before May 26, 2006 (the effective date of Public Act
22 94-804) and beginning on the effective date of this amendatory
23 Act of the 95th General Assembly, unless any organization
24 licensee under the Illinois Horse Racing Act of 1975 begins to
25 operate a slot machine or video game of chance under the
26 Illinois Horse Racing Act of 1975 or this Act, after the

 

 

HB0261 Engrossed - 80 - LRB096 00228 AMC 10234 b

1 payments required under subsections (b) and (c) have been made,
2 an amount equal to 15% of the adjusted gross receipts of (1) an
3 owners licensee that relocates pursuant to Section 11.2, (2) an
4 owners licensee conducting riverboat gambling operations
5 pursuant to an owners license that is initially issued after
6 June 25, 1999, or (3) the first riverboat gambling operations
7 conducted by a licensed manager on behalf of the State under
8 Section 7.3, whichever comes first, shall be paid from the
9 State Gaming Fund into the Horse Racing Equity Fund.
10     (c-10) Each year the General Assembly shall appropriate
11 from the General Revenue Fund to the Education Assistance Fund
12 an amount equal to the amount paid into the Horse Racing Equity
13 Fund pursuant to subsection (c-5) in the prior calendar year.
14     (c-15) After the payments required under subsections (b),
15 (c), and (c-5) have been made, an amount equal to 2% of the
16 adjusted gross receipts of (1) an owners licensee that
17 relocates pursuant to Section 11.2, (2) an owners licensee
18 conducting riverboat gambling operations pursuant to an owners
19 license that is initially issued after June 25, 1999, or (3)
20 the first riverboat gambling operations conducted by a licensed
21 manager on behalf of the State under Section 7.3, whichever
22 comes first, shall be paid, subject to appropriation from the
23 General Assembly, from the State Gaming Fund to each home rule
24 county with a population of over 3,000,000 inhabitants for the
25 purpose of enhancing the county's criminal justice system.
26     (c-20) Each year the General Assembly shall appropriate

 

 

HB0261 Engrossed - 81 - LRB096 00228 AMC 10234 b

1 from the General Revenue Fund to the Education Assistance Fund
2 an amount equal to the amount paid to each home rule county
3 with a population of over 3,000,000 inhabitants pursuant to
4 subsection (c-15) in the prior calendar year.
5     (c-25) After the payments required under subsections (b),
6 (c), (c-5) and (c-15) have been made, an amount equal to 2% of
7 the adjusted gross receipts of (1) an owners licensee that
8 relocates pursuant to Section 11.2, (2) an owners licensee
9 conducting riverboat gambling operations pursuant to an owners
10 license that is initially issued after June 25, 1999, or (3)
11 the first riverboat gambling operations conducted by a licensed
12 manager on behalf of the State under Section 7.3, whichever
13 comes first, shall be paid from the State Gaming Fund to
14 Chicago State University.
15     (d) From time to time, the Board shall transfer the
16 remainder of the funds generated by this Act into the Education
17 Assistance Fund, created by Public Act 86-0018, of the State of
18 Illinois.
19     (e) Nothing in this Act shall prohibit the unit of local
20 government designated as the home dock of the riverboat from
21 entering into agreements with other units of local government
22 in this State or in other states to share its portion of the
23 tax revenue.
24     (f) To the extent practicable, the Board shall administer
25 and collect the wagering taxes imposed by this Section in a
26 manner consistent with the provisions of Sections 4, 5, 5a, 5b,

 

 

HB0261 Engrossed - 82 - LRB096 00228 AMC 10234 b

1 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
2 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
3 Penalty and Interest Act.
4 (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06;
5 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-1008, eff.
6 12-15-08.)
 
7     (230 ILCS 10/15)  (from Ch. 120, par. 2415)
8     Sec. 15. Audit of Licensee Operations. Annually Within 90
9 days after the end of each quarter of each fiscal year, the
10 licensed owner or manager shall transmit to the Board an audit
11 of the financial transactions and condition of the licensee's
12 total operations. Additionally, within 90 days after the end of
13 each quarter of each fiscal year, the licensed owner or manager
14 shall transmit to the Board a compliance report on engagement
15 procedures determined by the Board. All audits and compliance
16 engagements shall be conducted by certified public accountants
17 selected by the Board. Each certified public accountant must be
18 registered in the State of Illinois under the Illinois Public
19 Accounting Act. The compensation for each certified public
20 accountant shall be paid directly by the licensed owner or
21 manager to the certified public accountant.
22 (Source: P.A. 93-28, eff. 6-20-03.)
 
23     (230 ILCS 10/18)  (from Ch. 120, par. 2418)
24     Sec. 18. Prohibited Activities - Penalty.

 

 

HB0261 Engrossed - 83 - LRB096 00228 AMC 10234 b

1     (a) A person is guilty of a Class A misdemeanor for doing
2 any of the following:
3         (1) Conducting gambling where wagering is used or to be
4     used without a license issued by the Board.
5         (2) Conducting gambling where wagering is permitted
6     other than in the manner specified by Section 11.
7     (b) A person is guilty of a Class B misdemeanor for doing
8 any of the following:
9         (1) permitting a person under 21 years to make a wager;
10     or
11         (2) violating paragraph (12) of subsection (a) of
12     Section 11 of this Act.
13     (c) A person wagering or accepting a wager at any location
14 outside the riverboat is subject to the penalties in paragraphs
15 (1) or (2) of subsection (a) of Section 28-1 of the Criminal
16 Code of 1961.
17     (d) A person commits a Class 4 felony and, in addition,
18 shall be barred for life from riverboats under the jurisdiction
19 of the Board, if the person does any of the following:
20         (1) Offers, promises, or gives anything of value or
21     benefit to a person who is connected with a riverboat owner
22     including, but not limited to, an officer or employee of a
23     licensed owner or holder of an occupational license
24     pursuant to an agreement or arrangement or with the intent
25     that the promise or thing of value or benefit will
26     influence the actions of the person to whom the offer,

 

 

HB0261 Engrossed - 84 - LRB096 00228 AMC 10234 b

1     promise, or gift was made in order to affect or attempt to
2     affect the outcome of a gambling game, or to influence
3     official action of a member of the Board.
4         (2) Solicits or knowingly accepts or receives a promise
5     of anything of value or benefit while the person is
6     connected with a riverboat including, but not limited to,
7     an officer or employee of a licensed owner, or holder of an
8     occupational license, pursuant to an understanding or
9     arrangement or with the intent that the promise or thing of
10     value or benefit will influence the actions of the person
11     to affect or attempt to affect the outcome of a gambling
12     game, or to influence official action of a member of the
13     Board.
14         (3) Uses or possesses with the intent to use a device
15     to assist:
16             (i) In projecting the outcome of the game.
17             (ii) In keeping track of the cards played.
18             (iii) In analyzing the probability of the
19         occurrence of an event relating to the gambling game.
20             (iv) In analyzing the strategy for playing or
21         betting to be used in the game except as permitted by
22         the Board.
23         (4) Cheats at a gambling game.
24         (5) Manufactures, sells, or distributes any cards,
25     chips, dice, game or device which is intended to be used to
26     violate any provision of this Act.

 

 

HB0261 Engrossed - 85 - LRB096 00228 AMC 10234 b

1         (6) Alters or misrepresents the outcome of a gambling
2     game on which wagers have been made after the outcome is
3     made sure but before it is revealed to the players.
4         (7) Places a bet after acquiring knowledge, not
5     available to all players, of the outcome of the gambling
6     game which is subject of the bet or to aid a person in
7     acquiring the knowledge for the purpose of placing a bet
8     contingent on that outcome.
9         (8) Claims, collects, or takes, or attempts to claim,
10     collect, or take, money or anything of value in or from the
11     gambling games, with intent to defraud, without having made
12     a wager contingent on winning a gambling game, or claims,
13     collects, or takes an amount of money or thing of value of
14     greater value than the amount won.
15         (9) Uses counterfeit chips or tokens in a gambling
16     game.
17         (10) Possesses any key or device designed for the
18     purpose of opening, entering, or affecting the operation of
19     a gambling game, drop box, or an electronic or mechanical
20     device connected with the gambling game or for removing
21     coins, tokens, chips or other contents of a gambling game.
22     This paragraph (10) does not apply to a gambling licensee
23     or employee of a gambling licensee acting in furtherance of
24     the employee's employment.
25     (e) The possession of more than one of the devices
26 described in subsection (d), paragraphs (3), (5), or (10)

 

 

HB0261 Engrossed - 86 - LRB096 00228 AMC 10234 b

1 permits a rebuttable presumption that the possessor intended to
2 use the devices for cheating.
3     (f) A person under the age of 21 who, except as authorized
4 under paragraph (10) of Section 11, enters upon a riverboat
5 commits a petty offense and is subject to a fine of not less
6 than $100 or more than $250 for a first offense and of not less
7 than $200 or more than $500 for a second or subsequent offense.
8     An action to prosecute any crime occurring on a riverboat
9 shall be tried in the county of the dock at which the riverboat
10 is based.
11 (Source: P.A. 91-40, eff. 6-25-99.)
 
12     Section 99. Effective date. This Act takes effect July 1,
13 2009.