Full Text of HB4758 95th General Assembly
HB4758 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4758
Introduced , by Rep. Raymond Poe SYNOPSIS AS INTRODUCED: |
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Creates the Illinois State Fairgrounds Racetrack Authority Act. Creates the Illinois State Fairgrounds Racetrack Authority to promote, operate, and maintain horse racing operations through a racing contractor in the Illinois State Fairgrounds. Provides the duties and powers of the Authority, including the duty to transition the conduct of horse racing at the Illinois State Fairgrounds from an annual race meeting that is contained within the duration of the Illinois State Fair to an annual standardbred race meeting that lasts from 3 to 9 months, depending on funding and market conditions. Provides that the Authority shall have concurrent jurisdiction with the Department of Agriculture over all of the real estate of the Illinois State Fairgrounds that is used for horse racing; however, when it is necessary to have controlling jurisdiction over this real property to obey a mandate of the Illinois Racing Board, the Authority shall have controlling jurisdiction. Makes corresponding changes in the State Fair Act. Amends the Illinois Horse Racing Act of 1975 to authorize the Illinois Racing Board to issue a license to the Illinois State Fairgrounds Racetrack Authority authorizing the pari-mutuel system of wagering on live harness and Quarter Horse races, inter-track wagering, simulcast wagering, and advanced deposit wagering (if otherwise authorized by law) through a racing contractor for up 9 months of each year at the Illinois State Fairgrounds in Sangamon County. Revenues received by the Board from this license shall be deposited into the General Revenue Fund. Amends the Riverboat Gambling Act to distribute certain proceeds from electronic gaming, if electronic gaming is authorized under the Act. Effective immediately.
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A BILL FOR
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HB4758 |
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Illinois State Fairgrounds Racetrack Authority Act.
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| Section 5. Definitions.
As used in this Act: | 7 |
| "Authority" means the Illinois State Fairgrounds Racetrack | 8 |
| Authority created by this
Act.
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| "Racing contractor" means any person or entity selected by | 10 |
| the Authority and approved by the Illinois Racing Board to | 11 |
| manage and operate the race meets and racing facility within | 12 |
| the Illinois State Fairgrounds pursuant to a contract.
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| "Executive director" means the person appointed by the | 14 |
| Board to oversee the
daily operations of the Authority.
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| Section 10. Creation of the Authority. There is hereby | 16 |
| created a political subdivision, unit of local government with | 17 |
| only the powers authorized by law, body politic, and municipal | 18 |
| corporation, by the name and style of the Illinois State | 19 |
| Fairgrounds Racetrack Authority. | 20 |
| Section 15. Duties of the Authority. It shall be the duty | 21 |
| of the Authority to promote, operate, and maintain horse racing |
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| operations through a racing contractor in the Illinois State | 2 |
| Fairgrounds as provided in this Act. The Authority shall equip | 3 |
| and maintain the fairgrounds and its buildings and facilities | 4 |
| for that purpose. The Authority has the right to contract with | 5 |
| a racing contractor and other third parties in order to fulfill | 6 |
| its purpose. The Authority is granted all rights and powers | 7 |
| necessary to perform such duties. | 8 |
| Section 20. Board. | 9 |
| (a) The governing and administrative powers of the | 10 |
| Authority is vested in a body consisting of 7 members, 3 of | 11 |
| which shall be appointed by the Chairman of the Sangamon County | 12 |
| Board with the advice and consent of the Sangamon County Board, | 13 |
| one of whom is appointed for an initial term of one year, one | 14 |
| of whom is appointed for an initial term of 3 years, and one of | 15 |
| whom is appointed for an initial term of 5 years; 3 of which | 16 |
| shall be appointed by the Mayor of the City of Springfield with | 17 |
| the advice and consent of the city council, one of whom is | 18 |
| appointed for an initial term of one year, one of whom is | 19 |
| appointed for an initial term of 3 years, and one of whom is | 20 |
| appointed for an initial term of 5 years; and one of which | 21 |
| shall be appointed by the Chairman of the Sangamon County | 22 |
| Emergency Telephone Systems Board for an initial term of 5 | 23 |
| years. All appointees shall be subject to approval by the | 24 |
| Illinois Racing Board. The Chairman of the Authority shall be | 25 |
| elected annually by the Board.
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| (b) All successors shall hold office for a term of 5 years, | 2 |
| except in the case of an appointment to fill a vacancy. Each | 3 |
| member, including the chairperson, shall hold office until the | 4 |
| expiration of his or her term and until his or her successor is | 5 |
| appointed and qualified. Nothing shall preclude a member from | 6 |
| serving consecutive terms. Any member may resign from office, | 7 |
| to take effect when a successor has been appointed and | 8 |
| qualified. A vacancy in office shall occur in the case of a | 9 |
| member's death or indictment, conviction, or plea of guilty to | 10 |
| a felony. A vacancy shall be filled for the unexpired term with | 11 |
| the approval of the Illinois Racing Board. | 12 |
| (c) The appointing officer or the Illinois Racing Board may | 13 |
| remove any member of the Board upon a finding of incompetence, | 14 |
| neglect of duty, or misfeasance or malfeasance in office or for | 15 |
| a violation of this Act. The Illinois Racing Board may remove | 16 |
| any member of the Board for any violation of the Illinois Horse | 17 |
| Racing Act of 1975 or the rules and regulations of the Illinois | 18 |
| Racing Board. | 19 |
| (d) Board members shall receive $300 for each day it meets | 20 |
| and
shall be entitled to reimbursement of reasonable expenses | 21 |
| incurred in the
performance of their official duties. A Board | 22 |
| member who serves in the office
of secretary-treasurer may also | 23 |
| receive compensation for services provided
as that officer. | 24 |
| (e) The Board shall prescribe the time and place for | 25 |
| meetings, the manner in which special meetings may be called, | 26 |
| and the notice that must be given to members. All actions and |
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| meetings of the Board shall be subject to the provisions of the | 2 |
| Open Meetings Act. Four members of the Board shall constitute a | 3 |
| quorum. All substantive action of the Board shall be by | 4 |
| resolution with an affirmative vote of a majority of the | 5 |
| members.
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| Section 25. Executive director; officers. | 7 |
| (a) The Authority shall appoint
an executive director, | 8 |
| after the completion of a background investigation and approval | 9 |
| by the Gaming Board, who shall be the chief executive officer | 10 |
| of the
Authority. The Board shall fix the compensation of the | 11 |
| executive director.
Subject to the general control of the | 12 |
| Board, the executive director shall be
responsible for the | 13 |
| management of the business, properties, and
employees of the | 14 |
| Authority. The executive director shall direct the
enforcement | 15 |
| of all resolutions, rules, and regulations of the Board, and | 16 |
| shall
perform such other duties as may be prescribed from
time | 17 |
| to time by the Board. All employees and independent | 18 |
| contractors,
consultants, engineers, architects, accountants, | 19 |
| attorneys, financial experts,
construction experts and | 20 |
| personnel, superintendents, managers, and other
personnel | 21 |
| appointed or employed pursuant to this Act shall
report to the | 22 |
| executive director. In addition to any other duties set forth | 23 |
| in
this Act, the executive director shall do all of the | 24 |
| following:
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| (1) Direct and supervise the administrative affairs |
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| and activities of the
Authority in accordance with its | 2 |
| rules, regulations, and policies.
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| (2) Attend meetings of the Board.
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| (3) Keep minutes of all proceedings of the Board.
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| (4) Approve all accounts for salaries, per diem | 6 |
| payments, and allowable
expenses of the Board and its | 7 |
| employees and consultants.
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| (5) Report and make recommendations to the Board | 9 |
| concerning the terms and
conditions of any contract with a | 10 |
| horse racing contractor.
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| (6) Perform any other duty that the Board requires for | 12 |
| carrying out the
provisions of this Act.
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| (7) Devote his or her full time to the duties of the | 14 |
| office and not hold
any other office or employment.
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| (b) The Board may select a secretary-treasurer to hold | 16 |
| office at the pleasure of the Board. The Board
shall fix the | 17 |
| duties of such officer.
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| Section 30. General rights and powers of the Authority. In | 19 |
| addition to the duties and powers set forth in this Act, the | 20 |
| Authority shall have the following rights and powers: | 21 |
| (1) Transition the conduct of horse racing at the | 22 |
| Illinois State Fairgrounds from an annual race meeting that | 23 |
| is contained within the duration of the Illinois State Fair | 24 |
| to an annual standardbred race meeting that lasts from 3 to | 25 |
| 9 months, depending on funding and market conditions. |
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| (2) Adopt and alter an official seal. | 2 |
| (3) Establish and change its fiscal year. | 3 |
| (4) Sue and be sued, plead and be impleaded, all in its | 4 |
| own name, and agree to binding arbitration of any dispute | 5 |
| to which it is a party. | 6 |
| (5) Adopt, amend, and repeal by-laws, rules, and | 7 |
| regulations consistent with the furtherance of the powers | 8 |
| and duties provided for. | 9 |
| (6) Maintain its principal office and such other | 10 |
| offices as the Board may designate. | 11 |
| (7) Conduct background investigations of potential | 12 |
| racing contractors, including its principals or | 13 |
| shareholders, and Authority staff. | 14 |
| (8) Employ, either as regular employees or independent | 15 |
| contractors, consultants, engineers, architects, | 16 |
| accountants, attorneys, financial experts, construction | 17 |
| experts and personnel, superintendents, managers and other | 18 |
| professional personnel, and such other personnel as may be | 19 |
| necessary in the judgment of the Board, and fix their | 20 |
| compensation. | 21 |
| (9) Operate and maintain grounds, buildings, and | 22 |
| facilities to carry out its corporate purposes and duties. | 23 |
| (10) Enter into, revoke, and modify contracts. | 24 |
| (11) Enter into a contract with a racing contractor. | 25 |
| (12) Develop, or cause to be developed by a third | 26 |
| party, a master plan for development of horse racing at the |
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| Illinois State Fairgrounds. | 2 |
| (13) Negotiate and enter into intergovernmental | 3 |
| agreements with the State and its agencies and units of | 4 |
| local government in furtherance of the powers and duties of | 5 |
| the Board, including with the Department of Agriculture for | 6 |
| the use of facilities in compliance with the State Fair | 7 |
| Act. | 8 |
| (14) Receive and disburse funds for its own corporate | 9 |
| purposes or as otherwise specified in this Act. | 10 |
| (15) Borrow money from any source, public or private, | 11 |
| for any corporate purpose, including, without limitation, | 12 |
| working capital for its operations, reserve funds, or | 13 |
| payment of interest, and to mortgage, pledge, or otherwise | 14 |
| encumber the property or funds of the Authority and to | 15 |
| contract with or engage the services of any person in | 16 |
| connection with any financing, including financial | 17 |
| institutions, issuers of letters of credit, or insurers and | 18 |
| enter into reimbursement agreements with this person or | 19 |
| entity which may be secured as if money were borrowed from | 20 |
| the person or entity. | 21 |
| (16) Receive and accept from any source, private or | 22 |
| public, contributions, gifts, or grants of money or | 23 |
| property to the Authority. | 24 |
| (17) Provide for the insurance of any property, | 25 |
| operations, officers, members, agents, or employees of the | 26 |
| Authority against any risk or hazard, to self-insure or |
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| participate in joint self-insurance pools or entities to | 2 |
| insure against such risk or hazard, and to provide for the | 3 |
| indemnification of its officers, members, employees, | 4 |
| contractors, or agents against any and all risks. | 5 |
| (18) Exercise all the corporate powers granted | 6 |
| Illinois corporations under the Business Corporation Act | 7 |
| of 1983, except to the extent that powers are inconsistent | 8 |
| with those of a body politic and corporate of the State. | 9 |
| (19) Do all things necessary or convenient to carry out | 10 |
| the powers granted by this Act.
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| Section 35. Contracts with racing contractors. | 12 |
| (a) The Board shall develop and administer a competitive | 13 |
| sealed bidding process
for the
selection of a potential racing | 14 |
| contractor to develop or operate horse racing at the Illinois | 15 |
| State Fairgrounds.
The Board shall issue one or more requests | 16 |
| for proposals. The Board may
establish minimum financial and | 17 |
| investment requirements to determine the
eligibility of | 18 |
| persons to respond to the Board's requests for proposal, and | 19 |
| may
establish and consider such other criteria as it deems | 20 |
| appropriate. The Board
may impose a fee upon persons who | 21 |
| respond to requests for proposal, in order to
reimburse the | 22 |
| Board for its costs in preparing and issuing the requests and
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| reviewing the proposals.
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| (b) The Board may enter into contracts for the development | 25 |
| of horse racing at the Illinois State Fairgrounds.
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| (c) Within 5 days after the time limit for submitting bids | 2 |
| and proposals has passed, the Board shall make all bids and | 3 |
| proposals public. Thereafter, the Board shall evaluate the | 4 |
| responses to its requests for proposal and
the ability of all | 5 |
| persons or entities responding to its request for proposal
to | 6 |
| meet the requirements of this Act and to undertake and perform | 7 |
| the
obligations set forth in its requests for proposal.
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| (d) After reviewing proposals and subject to approval by | 9 |
| the Illinois Racing Board, the Board shall enter into a | 10 |
| contract. If the Illinois Racing Board approves the contract, | 11 |
| the Board shall transmit a copy of the executed contract to the | 12 |
| Illinois Racing Board.
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| Section 37. Relationship with Illinois Racing Board. The | 14 |
| Authority and its racing contractor are subject to all of the | 15 |
| rules of the Illinois Racing Board adopted under the Illinois | 16 |
| Horse Racing Act of 1975. | 17 |
| Section 40. Transfer of funds. The revenues received by | 18 |
| the Authority (other than amounts required to be paid pursuant | 19 |
| to the Illinois Horse Racing Act of 1975 and amounts required | 20 |
| to pay the
operating expenses of the Authority, to pay amounts | 21 |
| due the racing contractor pursuant to a contract, to repay any | 22 |
| borrowing of the Authority
made pursuant to Section 30) shall
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| be transferred
to the General Revenue Fund.
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| Section 45. Jurisdiction over property. The Authority | 2 |
| shall have concurrent jurisdiction with the Department of | 3 |
| Agriculture over all of the real estate of the Illinois State | 4 |
| Fairgrounds that is used for horse racing, including those | 5 |
| facilities commonly known as "one-mile track" and adjacent | 6 |
| backstretch infrastructure; however, when it is necessary to | 7 |
| have controlling jurisdiction over this real property to obey a | 8 |
| mandate of the Illinois Racing Board, the Authority shall have | 9 |
| controlling jurisdiction. | 10 |
| Section 50. Budgets and reporting.
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| (a) The Board shall annually adopt a budget for each
fiscal | 12 |
| year. The budget may be modified from time to time in the same | 13 |
| manner
and upon the same vote as it may be adopted. The budget | 14 |
| shall include the
Authority's available funds and estimated | 15 |
| revenues and shall provide for
payment of its obligations and | 16 |
| estimated expenditures for the fiscal year,
including, without | 17 |
| limitation, expenditures for administration, operation,
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| maintenance and repairs, debt service, and deposits into | 19 |
| reserve and other
funds
and capital projects.
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| (b) The Board shall annually cause the finances of the | 21 |
| Authority to be
audited by a firm of certified public | 22 |
| accountants and post the firm's audits of the Authority on the | 23 |
| Authority's Internet website. The Auditor General has the | 24 |
| authority and is required to conduct a financial and management | 25 |
| audit of the Authority every 2 years. The Auditor General's |
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| audits must be posted on his or her Internet website. The | 2 |
| Auditor General shall submit a bill to the Authority for costs | 3 |
| associated with the audits required under this Section. The | 4 |
| Authority shall reimburse in a timely manner.
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| (c) The Board shall, for each fiscal year, prepare an | 6 |
| annual report
setting forth information concerning its | 7 |
| activities in the fiscal year. The annual report shall include | 8 |
| the
audited financial statements of the Authority for the | 9 |
| fiscal year, the budget
for the succeeding fiscal year, and the | 10 |
| current capital plan as of the date of
the report. Copies of | 11 |
| the annual report shall be made available to persons who
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| request them and shall be submitted not later than 120 days | 13 |
| after the end of
the Authority's fiscal year to the Governor, | 14 |
| the Mayor, the General Assembly, and the Commission on | 15 |
| Government Forecasting and Accountability.
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| Section 55. Deposit and withdrawal of funds. | 17 |
| (a) All funds deposited by the Authority in any bank or | 18 |
| savings and loan
association shall be placed in the name of the | 19 |
| Authority and shall be withdrawn
or paid out only by check or | 20 |
| draft upon the bank or savings and loan
association, signed by | 21 |
| 2 officers or employees designated by the Board.
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| Notwithstanding any other provision of this Section, the Board | 23 |
| may designate
any of its members or any officer or employee of | 24 |
| the Authority to authorize the
wire transfer of funds deposited | 25 |
| by the secretary-treasurer of funds in a bank
or savings and |
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| loan association for the payment of payroll and employee
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| benefits-related expenses.
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| No bank or savings and loan association shall receive | 4 |
| public funds as
permitted by this Section unless it has | 5 |
| complied with the requirements
established pursuant to Section | 6 |
| 6 of the Public
Funds Investment Act.
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| (b) If any officer or employee whose signature appears upon | 8 |
| any check
or draft issued pursuant to this Act ceases (after | 9 |
| attaching his signature) to
hold his or her office before the | 10 |
| delivery of such a check or draft to the
payee, his or her | 11 |
| signature shall nevertheless be valid and sufficient for all
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| purposes with the same effect as if he or she had remained in | 13 |
| office until
delivery thereof.
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| Section 60. Contracts with the Authority; disclosure | 15 |
| requirements. | 16 |
| (a) A bidder, offeror, or contractor must disclose the | 17 |
| names of all officers and directors. A bidder, offeror, or | 18 |
| contractor for contracts with the Authority shall disclose the | 19 |
| identity of every owner, beneficiary, or person with beneficial | 20 |
| interest of more than 1%, or shareholder entitled to receive | 21 |
| more than 1% of the total distributable income of any | 22 |
| corporation, having any interest in the contract in the bidder, | 23 |
| offeror, or contractor. The disclosure shall be in writing and | 24 |
| attested to by an owner, trustee, corporate official, or agent. | 25 |
| If stock in a corporation is publicly traded and there is no |
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| readily known individual having greater than a 1% interest, | 2 |
| then a statement to that affect attested to by an officer or | 3 |
| agent of the corporation or shall fulfill the disclosure | 4 |
| statement requirement of this Section. A bidder, offeror, or | 5 |
| contractor shall notify the Authority of any changes in | 6 |
| officers, directors, ownership, or individuals having a | 7 |
| beneficial interest of more than 1%. | 8 |
| (b) A bidder, offeror, or contractor for contracts with an | 9 |
| annual value of $10,000 or for a period to exceed one year | 10 |
| shall disclose all political contributions of the bidder, | 11 |
| offeror, or contractor and any affiliated person or entity. | 12 |
| Disclosure shall include at least the names and addresses of | 13 |
| the contributors and the dollar amounts of any contributions to | 14 |
| any political committee made within the previous 2 years. | 15 |
| (c) As used in this Section: | 16 |
| "Contribution" means contribution as defined in Section | 17 |
| 9-1.4 the Election Code. | 18 |
| "Affiliated person" means (i) any person with any ownership | 19 |
| interest or distributive share of the bidding or contracting | 20 |
| entity in excess of 1%, (ii) executive employees of the bidding | 21 |
| or contracting entity, and (iii) the spouse and minor children | 22 |
| of any such persons. | 23 |
| "Affiliated entity" means (i) any parent or subsidiary of | 24 |
| the bidding or contracting entity, (ii) any member of the same | 25 |
| unitary business group, or (iii) any political committee for | 26 |
| which the bidding or contracting entity is the sponsoring |
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| entity. | 2 |
| (d) The Illinois Racing Board may direct the Authority to | 3 |
| void a contract if a violation of this Section occurs. | 4 |
| Section 65. Purchasing. | 5 |
| (a) All construction contracts and contracts for supplies, | 6 |
| materials,
equipment, and services,
when the cost thereof to | 7 |
| the Authority exceeds $25,000, shall be let to
the lowest | 8 |
| responsible bidder, after advertising for bids, except for the
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| following:
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| (1) When repair parts, accessories, equipment, or | 11 |
| services are required
for
equipment or services previously | 12 |
| furnished or contracted for;
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| (2) Professional services;
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| (3) When services such as water, light, heat, power, | 15 |
| telephone (other than
long-distance service), or telegraph | 16 |
| are required;
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| (4) When contracts for the use, purchase, delivery, | 18 |
| movement, or
installation of data processing equipment, | 19 |
| software, or services and
telecommunications equipment,
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| software, and services are required;
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| (5) Contracts with a racing contractor, which shall be | 22 |
| awarded as
set forth in Section 35 of this Act.
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| (b) All contracts involving less than $25,000 shall be let | 24 |
| by competitive
bidding whenever possible, and in any event in a | 25 |
| manner calculated to ensure
the best interests of the public.
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| (c) In determining the responsibility of any bidder, the | 2 |
| Authority may take
into account the bidder's (or an individual | 3 |
| having a beneficial interest,
directly or indirectly, of more | 4 |
| than 1% in such bidding entity) past record of
dealings with | 5 |
| the Authority, the bidder's experience, adequacy of equipment,
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| and ability to complete performance within the time set, and | 7 |
| other factors
besides financial responsibility. No such | 8 |
| contract shall be awarded to any bidder other than the lowest | 9 |
| bidder (in case of purchase or
expenditure) unless authorized | 10 |
| or approved by a vote of at least 4 members of
the Board and | 11 |
| such action is accompanied by a written statement setting forth | 12 |
| the reasons for not awarding the contract to the highest or
| 13 |
| lowest bidder, as the case
may be. The statement shall be kept | 14 |
| on file in the principal office of the
Authority and open to | 15 |
| public inspection.
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| (d) The Authority shall have the right to reject all bids | 17 |
| and to
re-advertise for bids. If after
any such | 18 |
| re-advertisement, no responsible and satisfactory bid, within | 19 |
| the
terms of the re-advertisement, is received, the Authority | 20 |
| may award such
contract without competitive bidding, provided | 21 |
| that the Illinois Racing Board must approve the contract prior | 22 |
| to its execution. The contract must not be less
advantageous to | 23 |
| the Authority than any valid bid received pursuant to
| 24 |
| advertisement.
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| (e) Advertisements for bids and re-bids shall be published | 26 |
| at least once in
a daily newspaper of general circulation |
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| published in the City of Springfield
at least 10 calendar days | 2 |
| before the time for
receiving bids, and such advertisements | 3 |
| shall also be posted on readily
accessible bulletin boards in | 4 |
| the principal office of the Authority. Such
advertisements | 5 |
| shall state the time and
place for receiving and opening of | 6 |
| bids and, by reference to plans and
specifications on file at | 7 |
| the time of the first publication or in the
advertisement | 8 |
| itself, shall describe the character of the proposed contract | 9 |
| in
sufficient detail to fully advise prospective bidders of | 10 |
| their obligations and
to ensure free and open competitive | 11 |
| bidding.
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| (f) All bids in response to advertisements shall be sealed | 13 |
| and shall be
publicly opened by the Authority. All bidders | 14 |
| shall be entitled to be present
in person or by | 15 |
| representatives. Cash or a certified or satisfactory cashier's
| 16 |
| check, as a deposit of good faith, in a reasonable amount to be | 17 |
| fixed by the
Authority before advertising for bids, shall be | 18 |
| required with the proposal of
each bidder. A bond for faithful | 19 |
| performance of the contract with surety or
sureties | 20 |
| satisfactory to the
Authority and adequate insurance may be | 21 |
| required in reasonable amounts to be
fixed by the Authority | 22 |
| before advertising for bids.
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| (g) The contract shall be awarded as promptly as possible | 24 |
| after the opening
of bids. The bid of the successful bidder, as | 25 |
| well as the bids of the
unsuccessful bidders, shall be placed | 26 |
| on file and be open to public inspection.
All bids shall be |
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| void if any disclosure of the terms of any bid in response
to | 2 |
| an advertisement is made or permitted to be made by the | 3 |
| Authority before the
time fixed for opening bids.
| 4 |
| (h) Notice of each and every contract that is
offered, | 5 |
| including renegotiated contracts and change orders,
shall be | 6 |
| published in an online bulletin. The online bulletin must | 7 |
| include at least the date first offered,
the date submission of | 8 |
| offers is due, the location that offers are to be
submitted to, | 9 |
| a brief purchase description, the method of source selection,
| 10 |
| information of how to obtain a comprehensive purchase | 11 |
| description and any
disclosure and contract forms, and | 12 |
| encouragement to prospective vendors to hire qualified | 13 |
| veterans, as defined by Section 45-67 of the Illinois | 14 |
| Procurement Code, and Illinois residents discharged from any | 15 |
| Illinois adult correctional center. Notice of each and every | 16 |
| contract that is let
or awarded, including renegotiated | 17 |
| contracts and change orders, shall be
published in the online | 18 |
| bulletin and
must include at least all of the
information | 19 |
| specified in this item (j), as well as the name of the | 20 |
| successful
responsible bidder or offeror, the contract price, | 21 |
| and the number of unsuccessful
responsive bidders and any other | 22 |
| disclosure specified in this Section. This notice must be | 23 |
| posted in the online electronic bulletin prior to execution of | 24 |
| the contract.
| 25 |
| Section 900. The State Fair Act is amended by changing |
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| Sections 10 and 12 as follows:
| 2 |
| (20 ILCS 210/10) (from Ch. 127, par. 1710)
| 3 |
| Sec. 10. The Department may enter into contracts with other | 4 |
| government
agencies to assist them in the operation of each | 5 |
| State Fair and the State
Fairgrounds as well as the | 6 |
| requirements set forth in Section 9 of this Act.
| 7 |
| The Department may cooperate with any other local, State or | 8 |
| federal agency
in the furtherance of the intent of this Act.
| 9 |
| The Department may receive and use any donation either from | 10 |
| the private
or public sectors which is for betterment of each | 11 |
| State Fair
and the State Fairgrounds.
| 12 |
| All revenues from the operation and use of any facilities | 13 |
| of the Illinois
State Fair at Springfield and the Springfield | 14 |
| State
Fairgrounds , other than revenues from horse racing | 15 |
| conducted at the Springfield State Fairgrounds by the Illinois | 16 |
| State Fairgrounds Racetrack Authority, shall be deposited in | 17 |
| the Illinois State Fair Fund. All revenues
from the operation | 18 |
| and use of any facilities of the DuQuoin State Fair and the
| 19 |
| DuQuoin State Fairgrounds shall be deposited into the | 20 |
| Agricultural Premium
Fund. All funds in the Illinois State Fair | 21 |
| Fund shall be used by the
Department of Agriculture in | 22 |
| accordance with appropriation by the General
Assembly for | 23 |
| operation of the Illinois State Fair.
| 24 |
| (Source: P.A. 88-5.)
|
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| (20 ILCS 210/12) (from Ch. 127, par. 1712)
| 2 |
| Sec. 12. The Department shall have the power to promulgate | 3 |
| rules and
regulations, pursuant to the Illinois Administrative | 4 |
| Procedure Act, governing the holding of each State Fair, the | 5 |
| operation of the
State Fairgrounds, the conditions under which | 6 |
| racing shall be permitted on
the State Fairgrounds, the policy | 7 |
| for policing the grounds , and such other
reasonable rules and | 8 |
| regulations as are necessary to carry out the intent of the | 9 |
| Act. However, the Department shall not be required to | 10 |
| promulgate rules and regulations pursuant to the Illinois | 11 |
| Administrative Procedure Act concerning those operations | 12 |
| stated in subsections (b) and (c) of Section 6 of this Act. | 13 |
| Instead, the requirements set forth in subsections (b) and (c) | 14 |
| of Section 6 must be followed.
| 15 |
| (Source: P.A. 93-1055, eff. 11-23-04.)
| 16 |
| Section 905. The Illinois Horse Racing Act of 1975 is | 17 |
| amended by changing Section 9 as follows:
| 18 |
| (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| 19 |
| Sec. 9. The Board shall have all powers necessary and | 20 |
| proper to fully and
effectively execute the provisions of this | 21 |
| Act, including, but not
limited to, the following:
| 22 |
| (a) The Board is vested with jurisdiction and supervision | 23 |
| over all race
meetings in this State, over all licensees doing | 24 |
| business
in this
State, over all occupation licensees, and over |
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| all persons on the
facilities of any licensee. Such | 2 |
| jurisdiction shall
include the power to issue licenses to the | 3 |
| Illinois Department of
Agriculture authorizing the pari-mutuel | 4 |
| system of wagering
on harness and Quarter Horse races held (1) | 5 |
| at the Illinois State Fair in
Sangamon County, and (2) at the | 6 |
| DuQuoin State Fair in Perry County. The
jurisdiction of the | 7 |
| Board shall also include the power to issue licenses to
county | 8 |
| fairs which are eligible to receive funds pursuant to the
| 9 |
| Agricultural Fair Act, as now or hereafter amended, or their | 10 |
| agents,
authorizing the pari-mutuel system of wagering on horse
| 11 |
| races
conducted at the county fairs receiving such licenses. | 12 |
| Such licenses shall be
governed by subsection (n) of this | 13 |
| Section.
| 14 |
| Upon application, the Board shall issue a license to the | 15 |
| Illinois Department
of Agriculture to conduct harness and | 16 |
| Quarter Horse races at the Illinois State
Fair and at the | 17 |
| DuQuoin State Fairgrounds
during the scheduled dates of each | 18 |
| fair. The Board shall not require and the
Department of | 19 |
| Agriculture shall be exempt from the requirements of Sections
| 20 |
| 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | 21 |
| (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | 22 |
| and 25. The Board and the Department
of
Agriculture may extend | 23 |
| any or all of these exemptions to any contractor or
agent | 24 |
| engaged by the Department of Agriculture to conduct its race | 25 |
| meetings
when the Board determines that this would best serve | 26 |
| the public interest and
the interest of horse racing.
|
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| Upon application, the Board shall issue a license to the | 2 |
| Illinois State Fairgrounds Racetrack Authority authorizing the | 3 |
| pari-mutuel system of wagering on live harness and Quarter | 4 |
| Horse races, inter-track wagering, simulcast wagering, and | 5 |
| advanced deposit wagering (if otherwise authorized by law) | 6 |
| through a racing contractor, as that term is defined in the | 7 |
| Illinois State Fairgrounds Racetrack Authority Act, for up 9 | 8 |
| months of each year at the Illinois State Fairgrounds in | 9 |
| Sangamon County. Revenues received by the Board from this | 10 |
| license shall be deposited into the General Revenue Fund. | 11 |
| Notwithstanding any provision of law to the contrary, it | 12 |
| shall be lawful for
any licensee to operate pari-mutuel | 13 |
| wagering
or
contract with the Department of Agriculture to | 14 |
| operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | 15 |
| or for the Department to enter into contracts
with a licensee, | 16 |
| employ its owners,
employees
or
agents and employ such other | 17 |
| occupation licensees as the Department deems
necessary in | 18 |
| connection with race meetings and wagerings.
| 19 |
| (b) The Board is vested with the full power to promulgate | 20 |
| reasonable
rules and regulations for the purpose of | 21 |
| administering the provisions of
this Act and to prescribe | 22 |
| reasonable rules, regulations and conditions
under which all | 23 |
| horse race meetings or wagering in the State shall be
| 24 |
| conducted. Such reasonable rules and regulations are to provide | 25 |
| for the
prevention of practices detrimental to the public | 26 |
| interest and to promote the best
interests of horse racing and |
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| to impose penalties for violations thereof.
| 2 |
| (c) The Board, and any person or persons to whom it | 3 |
| delegates
this power, is vested with the power to enter the | 4 |
| facilities and other places of business of any licensee to | 5 |
| determine whether there has been compliance with
the provisions | 6 |
| of this Act and its rules and regulations.
| 7 |
| (d) The Board, and any person or persons to whom it | 8 |
| delegates this
power, is vested with the authority to | 9 |
| investigate alleged violations of
the provisions of this Act, | 10 |
| its reasonable rules and regulations, orders
and final | 11 |
| decisions; the Board shall take appropriate disciplinary | 12 |
| action
against any licensee or occupation licensee for | 13 |
| violation
thereof or
institute appropriate legal action for the | 14 |
| enforcement thereof.
| 15 |
| (e) The Board, and any person or persons to whom it | 16 |
| delegates this power,
may eject or exclude from any race | 17 |
| meeting or
the facilities of any licensee, or any part
thereof, | 18 |
| any occupation licensee or any
other individual whose conduct | 19 |
| or reputation is such that his presence on
those facilities | 20 |
| may, in the opinion of the Board, call into question
the | 21 |
| honesty and integrity of horse racing or wagering or interfere | 22 |
| with the
orderly
conduct of horse racing or wagering; provided, | 23 |
| however, that no person
shall be
excluded or ejected from the | 24 |
| facilities of any licensee solely on the grounds of
race, | 25 |
| color, creed, national origin, ancestry, or sex. The power to | 26 |
| eject
or exclude an occupation licensee or other individual may
|
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| be exercised for just cause by the licensee or the Board, | 2 |
| subject to subsequent hearing by the
Board as to the propriety | 3 |
| of said exclusion.
| 4 |
| (f) The Board is vested with the power to acquire,
| 5 |
| establish, maintain and operate (or provide by contract to
| 6 |
| maintain and operate) testing laboratories and related | 7 |
| facilities,
for the purpose of conducting saliva, blood, urine | 8 |
| and other tests on the
horses run or to be run in any horse race | 9 |
| meeting and to purchase all
equipment and supplies deemed | 10 |
| necessary or desirable in connection with
any such testing | 11 |
| laboratories and related facilities and all such tests.
| 12 |
| (g) The Board may require that the records, including | 13 |
| financial or other
statements of any licensee or any person | 14 |
| affiliated with the licensee who is
involved directly or | 15 |
| indirectly in the activities of any licensee as regulated
under | 16 |
| this Act to the extent that those financial or other statements | 17 |
| relate to
such activities be kept in
such manner as prescribed | 18 |
| by the Board, and that Board employees shall have
access to | 19 |
| those records during reasonable business
hours. Within 120 days | 20 |
| of the end of its fiscal year, each licensee shall
transmit to
| 21 |
| the Board
an audit of the financial transactions and condition | 22 |
| of the licensee's total
operations. All audits shall be | 23 |
| conducted by certified public accountants.
Each certified | 24 |
| public accountant must be registered in the State of Illinois
| 25 |
| under the Illinois Public Accounting Act. The compensation for | 26 |
| each certified
public accountant shall be paid directly by the |
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| licensee to the certified
public accountant. A licensee shall | 2 |
| also submit any other financial or related
information the | 3 |
| Board deems necessary to effectively administer this Act and
| 4 |
| all rules, regulations, and final decisions promulgated under | 5 |
| this Act.
| 6 |
| (h) The Board shall name and appoint in the manner provided | 7 |
| by the rules
and regulations of the Board: an Executive | 8 |
| Director; a State director
of mutuels; State veterinarians and | 9 |
| representatives to take saliva, blood,
urine and other tests on | 10 |
| horses; licensing personnel; revenue
inspectors; and State | 11 |
| seasonal employees (excluding admission ticket
sellers and | 12 |
| mutuel clerks). All of those named and appointed as provided
in | 13 |
| this subsection shall serve during the pleasure of the Board; | 14 |
| their
compensation shall be determined by the Board and be paid | 15 |
| in the same
manner as other employees of the Board under this | 16 |
| Act.
| 17 |
| (i) The Board shall require that there shall be 3 stewards | 18 |
| at each horse
race meeting, at least 2 of whom shall be named | 19 |
| and appointed by the Board.
Stewards appointed or approved by | 20 |
| the Board, while performing duties
required by this Act or by | 21 |
| the Board, shall be entitled to the same rights
and immunities | 22 |
| as granted to Board members and Board employees in Section
10 | 23 |
| of this Act.
| 24 |
| (j) The Board may discharge any Board employee
who fails or | 25 |
| refuses for any reason to comply with the rules and
regulations | 26 |
| of the Board, or who, in the opinion of the Board,
is guilty of |
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| fraud, dishonesty or who is proven to be incompetent.
The Board | 2 |
| shall have no right or power to determine who shall be | 3 |
| officers,
directors or employees of any licensee, or their | 4 |
| salaries
except the Board may, by rule, require that all or any | 5 |
| officials or
employees in charge of or whose duties relate to | 6 |
| the actual running of
races be approved by the Board.
| 7 |
| (k) The Board is vested with the power to appoint
delegates | 8 |
| to execute any of the powers granted to it under this Section
| 9 |
| for the purpose of administering this Act and any rules or | 10 |
| regulations
promulgated in accordance with this Act.
| 11 |
| (l) The Board is vested with the power to impose civil | 12 |
| penalties of up to
$5,000 against an individual and up to | 13 |
| $10,000 against a
licensee for each
violation of any provision | 14 |
| of this Act, any rules adopted by the Board, any
order of the | 15 |
| Board or any other action which, in the Board's discretion, is
| 16 |
| a detriment or impediment to horse racing or wagering.
| 17 |
| (m) The Board is vested with the power to prescribe a form | 18 |
| to be used
by licensees as an application for employment for | 19 |
| employees of
each licensee.
| 20 |
| (n) The Board shall have the power to issue a license
to | 21 |
| any county fair, or its
agent, authorizing the conduct of the | 22 |
| pari-mutuel system of
wagering. The Board is vested with the | 23 |
| full power to promulgate
reasonable rules, regulations and | 24 |
| conditions under which all horse race
meetings licensed | 25 |
| pursuant to this subsection shall be held and conducted,
| 26 |
| including rules, regulations and conditions for the conduct of |
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| the
pari-mutuel system of wagering. The rules, regulations and
| 2 |
| conditions shall provide for the prevention of practices | 3 |
| detrimental to the
public interest and for the best interests | 4 |
| of horse racing, and shall
prescribe penalties for violations | 5 |
| thereof. Any authority granted the
Board under this Act shall | 6 |
| extend to its jurisdiction and supervision over
county fairs, | 7 |
| or their agents, licensed pursuant to this subsection.
However, | 8 |
| the Board may waive any provision of this Act or its rules or
| 9 |
| regulations which would otherwise apply to such county fairs or | 10 |
| their agents.
| 11 |
| (o) Whenever the Board is authorized or
required by law to | 12 |
| consider some aspect of criminal history record
information for | 13 |
| the purpose of carrying out its statutory powers and
| 14 |
| responsibilities, then, upon request and payment of fees in | 15 |
| conformance
with the requirements of Section 2605-400 of
the | 16 |
| Department of State Police Law (20 ILCS 2605/2605-400), the | 17 |
| Department of State Police is
authorized to furnish, pursuant | 18 |
| to positive identification, such
information contained in | 19 |
| State files as is necessary to fulfill the request.
| 20 |
| (p) To insure the convenience, comfort, and wagering | 21 |
| accessibility of
race track patrons, to provide for the | 22 |
| maximization of State revenue, and
to generate increases in | 23 |
| purse allotments to the horsemen, the Board shall
require any | 24 |
| licensee to staff the pari-mutuel department with
adequate | 25 |
| personnel.
| 26 |
| (Source: P.A. 91-239, eff. 1-1-00.)
|
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| Section 910. The Riverboat Gambling Act is amended by | 2 |
| changing Section 13 as follows:
| 3 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 4 |
| Sec. 13. Wagering tax; rate; distribution.
| 5 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 6 |
| gross
receipts received from gambling games authorized under | 7 |
| this Act at the rate of
20%.
| 8 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 9 |
| tax is
imposed on persons engaged in the business of conducting | 10 |
| riverboat gambling
operations, based on the adjusted gross | 11 |
| receipts received by a licensed owner
from gambling games | 12 |
| authorized under this Act at the following rates:
| 13 |
| 15% of annual adjusted gross receipts up to and | 14 |
| including $25,000,000;
| 15 |
| 20% of annual adjusted gross receipts in excess of | 16 |
| $25,000,000 but not
exceeding $50,000,000;
| 17 |
| 25% of annual adjusted gross receipts in excess of | 18 |
| $50,000,000 but not
exceeding $75,000,000;
| 19 |
| 30% of annual adjusted gross receipts in excess of | 20 |
| $75,000,000 but not
exceeding $100,000,000;
| 21 |
| 35% of annual adjusted gross receipts in excess of | 22 |
| $100,000,000.
| 23 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 24 |
| is imposed on
persons engaged in the business of conducting |
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| riverboat gambling operations,
other than licensed managers | 2 |
| conducting riverboat gambling operations on behalf
of the | 3 |
| State, based on the adjusted gross receipts received by a | 4 |
| licensed
owner from gambling games authorized under this Act at | 5 |
| the following rates:
| 6 |
| 15% of annual adjusted gross receipts up to and | 7 |
| including $25,000,000;
| 8 |
| 22.5% of annual adjusted gross receipts in excess of | 9 |
| $25,000,000 but not
exceeding $50,000,000;
| 10 |
| 27.5% of annual adjusted gross receipts in excess of | 11 |
| $50,000,000 but not
exceeding $75,000,000;
| 12 |
| 32.5% of annual adjusted gross receipts in excess of | 13 |
| $75,000,000 but not
exceeding $100,000,000;
| 14 |
| 37.5% of annual adjusted gross receipts in excess of | 15 |
| $100,000,000 but not
exceeding $150,000,000;
| 16 |
| 45% of annual adjusted gross receipts in excess of | 17 |
| $150,000,000 but not
exceeding $200,000,000;
| 18 |
| 50% of annual adjusted gross receipts in excess of | 19 |
| $200,000,000.
| 20 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 21 |
| persons engaged
in the business of conducting riverboat | 22 |
| gambling operations, other than
licensed managers conducting | 23 |
| riverboat gambling operations on behalf of the
State, based on | 24 |
| the adjusted gross receipts received by a licensed owner from
| 25 |
| gambling games authorized under this Act at the following | 26 |
| rates:
|
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| 15% of annual adjusted gross receipts up to and | 2 |
| including $25,000,000;
| 3 |
| 27.5% of annual adjusted gross receipts in excess of | 4 |
| $25,000,000 but not
exceeding $37,500,000;
| 5 |
| 32.5% of annual adjusted gross receipts in excess of | 6 |
| $37,500,000 but not
exceeding $50,000,000;
| 7 |
| 37.5% of annual adjusted gross receipts in excess of | 8 |
| $50,000,000 but not
exceeding $75,000,000;
| 9 |
| 45% of annual adjusted gross receipts in excess of | 10 |
| $75,000,000 but not
exceeding $100,000,000;
| 11 |
| 50% of annual adjusted gross receipts in excess of | 12 |
| $100,000,000 but not
exceeding $250,000,000;
| 13 |
| 70% of annual adjusted gross receipts in excess of | 14 |
| $250,000,000.
| 15 |
| An amount equal to the amount of wagering taxes collected | 16 |
| under this
subsection (a-3) that are in addition to the amount | 17 |
| of wagering taxes that
would have been collected if the | 18 |
| wagering tax rates under subsection (a-2)
were in effect shall | 19 |
| be paid into the Common School Fund.
| 20 |
| The privilege tax imposed under this subsection (a-3) shall | 21 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 22 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat | 23 |
| gambling operations are conducted
pursuant to a dormant | 24 |
| license; or (iii) the first day that riverboat gambling
| 25 |
| operations are conducted under the authority of an owners | 26 |
| license that is in
addition to the 10 owners licenses initially |
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| authorized under this Act.
For the purposes of this subsection | 2 |
| (a-3), the term "dormant license"
means an owners license that | 3 |
| is authorized by this Act under which no
riverboat gambling | 4 |
| operations are being conducted on June 20, 2003.
| 5 |
| (a-4) Beginning on the first day on which the tax imposed | 6 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 7 |
| imposed on persons
engaged in the business of conducting | 8 |
| riverboat gambling operations, other
than licensed managers | 9 |
| conducting riverboat gambling operations on behalf of
the | 10 |
| State, based on the adjusted gross receipts received by a | 11 |
| licensed owner
from gambling games authorized under this Act at | 12 |
| the following rates:
| 13 |
| 15% of annual adjusted gross receipts up to and | 14 |
| including $25,000,000;
| 15 |
| 22.5% of annual adjusted gross receipts in excess of | 16 |
| $25,000,000 but not
exceeding $50,000,000;
| 17 |
| 27.5% of annual adjusted gross receipts in excess of | 18 |
| $50,000,000 but not
exceeding $75,000,000;
| 19 |
| 32.5% of annual adjusted gross receipts in excess of | 20 |
| $75,000,000 but not
exceeding $100,000,000;
| 21 |
| 37.5% of annual adjusted gross receipts in excess of | 22 |
| $100,000,000 but not
exceeding $150,000,000;
| 23 |
| 45% of annual adjusted gross receipts in excess of | 24 |
| $150,000,000 but not
exceeding $200,000,000;
| 25 |
| 50% of annual adjusted gross receipts in excess of | 26 |
| $200,000,000.
|
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| (a-8) Riverboat gambling operations conducted by a | 2 |
| licensed manager on
behalf of the State are not subject to the | 3 |
| tax imposed under this Section.
| 4 |
| (a-10) The taxes imposed by this Section shall be paid by | 5 |
| the licensed
owner to the Board not later than 3:00 o'clock | 6 |
| p.m. of the day after the day
when the wagers were made.
| 7 |
| (a-15) If the privilege tax imposed under subsection (a-3) | 8 |
| is no longer imposed pursuant to item (i) of the last paragraph | 9 |
| of subsection (a-3), then by June 15 of each year, each owners | 10 |
| licensee, other than an owners licensee that admitted 1,000,000 | 11 |
| persons or
fewer in calendar year 2004, must, in addition to | 12 |
| the payment of all amounts otherwise due under this Section, | 13 |
| pay to the Board a reconciliation payment in the amount, if | 14 |
| any, by which the licensed owner's base amount exceeds the | 15 |
| amount of net privilege tax paid by the licensed owner to the | 16 |
| Board in the then current State fiscal year. A licensed owner's | 17 |
| net privilege tax obligation due for the balance of the State | 18 |
| fiscal year shall be reduced up to the total of the amount paid | 19 |
| by the licensed owner in its June 15 reconciliation payment. | 20 |
| The obligation imposed by this subsection (a-15) is binding on | 21 |
| any person, firm, corporation, or other entity that acquires an | 22 |
| ownership interest in any such owners license. The obligation | 23 |
| imposed under this subsection (a-15) terminates on the earliest | 24 |
| of: (i) July 1, 2007, (ii) the first day after the effective | 25 |
| date of this amendatory Act of the 94th General Assembly that | 26 |
| riverboat gambling operations are conducted pursuant to a |
|
|
|
HB4758 |
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LRB095 16893 AMC 42936 b |
|
| 1 |
| dormant license, (iii) the first day that riverboat gambling | 2 |
| operations are conducted under the authority of an owners | 3 |
| license that is in addition to the 10 owners licenses initially | 4 |
| authorized under this Act, or (iv) the first day that a | 5 |
| licensee under the Illinois Horse Racing Act of 1975 conducts | 6 |
| gaming operations with slot machines or other electronic gaming | 7 |
| devices. The Board must reduce the obligation imposed under | 8 |
| this subsection (a-15) by an amount the Board deems reasonable | 9 |
| for any of the following reasons: (A) an act or acts of God, | 10 |
| (B) an act of bioterrorism or terrorism or a bioterrorism or | 11 |
| terrorism threat that was investigated by a law enforcement | 12 |
| agency, or (C) a condition beyond the control of the owners | 13 |
| licensee that does not result from any act or omission by the | 14 |
| owners licensee or any of its agents and that poses a hazardous | 15 |
| threat to the health and safety of patrons. If an owners | 16 |
| licensee pays an amount in excess of its liability under this | 17 |
| Section, the Board shall apply the overpayment to future | 18 |
| payments required under this Section. | 19 |
| For purposes of this subsection (a-15): | 20 |
| "Act of God" means an incident caused by the operation of | 21 |
| an extraordinary force that cannot be foreseen, that cannot be | 22 |
| avoided by the exercise of due care, and for which no person | 23 |
| can be held liable.
| 24 |
| "Base amount" means the following: | 25 |
| For a riverboat in Alton, $31,000,000.
| 26 |
| For a riverboat in East Peoria, $43,000,000.
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| For the Empress riverboat in Joliet, $86,000,000.
| 2 |
| For a riverboat in Metropolis, $45,000,000.
| 3 |
| For the Harrah's riverboat in Joliet, $114,000,000.
| 4 |
| For a riverboat in Aurora, $86,000,000.
| 5 |
| For a riverboat in East St. Louis, $48,500,000.
| 6 |
| For a riverboat in Elgin, $198,000,000.
| 7 |
| "Dormant license" has the meaning ascribed to it in | 8 |
| subsection (a-3).
| 9 |
| "Net privilege tax" means all privilege taxes paid by a | 10 |
| licensed owner to the Board under this Section, less all | 11 |
| payments made from the State Gaming Fund pursuant to subsection | 12 |
| (b) of this Section. | 13 |
| The changes made to this subsection (a-15) by Public Act | 14 |
| 94-839 are intended to restate and clarify the intent of Public | 15 |
| Act 94-673 with respect to the amount of the payments required | 16 |
| to be made under this subsection by an owners licensee to the | 17 |
| Board.
| 18 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited | 19 |
| in the State
Gaming Fund under this Section shall be paid, | 20 |
| subject to appropriation by the
General Assembly, to the unit | 21 |
| of local government which is designated as the
home dock of the | 22 |
| riverboat. Beginning January 1, 1998, from the tax revenue
| 23 |
| deposited in the State Gaming Fund under this Section, an | 24 |
| amount equal to 5% of
adjusted gross receipts generated by a | 25 |
| riverboat shall be paid monthly, subject
to appropriation by | 26 |
| the General Assembly, to the unit of local government that
is |
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| designated as the home dock of the riverboat. From the tax | 2 |
| revenue
deposited in the State Gaming Fund pursuant to | 3 |
| riverboat gambling operations
conducted by a licensed manager | 4 |
| on behalf of the State, an amount equal to 5%
of adjusted gross | 5 |
| receipts generated pursuant to those riverboat gambling
| 6 |
| operations shall be paid monthly,
subject to appropriation by | 7 |
| the General Assembly, to the unit of local
government that is | 8 |
| designated as the home dock of the riverboat upon which
those | 9 |
| riverboat gambling operations are conducted.
| 10 |
| (b-5) If electronic gaming is authorized under the Illinois | 11 |
| Horse Racing Act of 1975 and this Act, then an amount equal to | 12 |
| 5% of the adjusted gross receipts of an electronic gaming | 13 |
| facility shall be paid monthly,
subject to appropriation by the | 14 |
| General Assembly, to the unit of local
government in which the | 15 |
| electronic gaming facility is located, except that, for an | 16 |
| electronic gaming facility located at the Illinois State | 17 |
| Fairgrounds in Sangamon County, the 5% of adjusted gross | 18 |
| receipts shall be paid to the Sangamon County Central Dispatch | 19 |
| System to offset operating expenses, with any surplus divided | 20 |
| equally between Sangamon County and the City of Springfield. | 21 |
| (b-10) If electronic gaming is authorized under the | 22 |
| Illinois Horse Racing Act of 1975 and this Act at the Illinois | 23 |
| State Fairgrounds in Sangamon County, then an amount equal to | 24 |
| 10% of the adjusted gross receipts of such electronic gaming | 25 |
| shall be paid monthly, subject to appropriation by the General | 26 |
| Assembly, to the Department of Agriculture for infrastructure |
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| maintenance and improvements at the Illinois State | 2 |
| Fairgrounds. | 3 |
| (c) Appropriations, as approved by the General Assembly, | 4 |
| may be made
from the State Gaming Fund to the Department of | 5 |
| Revenue and the Department
of State Police for the | 6 |
| administration and enforcement of this Act, or to the
| 7 |
| Department of Human Services for the administration of programs | 8 |
| to treat
problem gambling.
| 9 |
| (c-5) Before May 26, 2006 (the effective date of Public Act | 10 |
| 94-804) and beginning 2 years after May 26, 2006 (the effective | 11 |
| date of Public Act 94-804), after the payments required under | 12 |
| subsections (b) and (c) have been
made, an amount equal to 15% | 13 |
| of the adjusted gross receipts of (1) an owners
licensee that | 14 |
| relocates pursuant to Section 11.2,
(2) an owners licensee
| 15 |
| conducting riverboat gambling operations
pursuant to an
owners | 16 |
| license that is initially issued after June
25, 1999,
or (3) | 17 |
| the first
riverboat gambling operations conducted by a licensed | 18 |
| manager on behalf of the
State under Section 7.3,
whichever | 19 |
| comes first, shall be paid from the State
Gaming Fund into the | 20 |
| Horse Racing Equity Fund.
| 21 |
| (c-10) Each year the General Assembly shall appropriate | 22 |
| from the General
Revenue Fund to the Education Assistance Fund | 23 |
| an amount equal to the amount
paid into the Horse Racing Equity | 24 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 25 |
| (c-15) After the payments required under subsections (b), | 26 |
| (c), and (c-5)
have been made, an amount equal to 2% of the |
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| adjusted gross receipts of (1)
an owners licensee that | 2 |
| relocates pursuant to Section 11.2, (2) an owners
licensee | 3 |
| conducting riverboat gambling operations pursuant to
an
owners | 4 |
| license that is initially issued after June 25, 1999,
or (3) | 5 |
| the first
riverboat gambling operations conducted by a licensed | 6 |
| manager on behalf of the
State under Section 7.3,
whichever | 7 |
| comes first, shall be paid, subject to appropriation
from the | 8 |
| General Assembly, from the State Gaming Fund to each home rule
| 9 |
| county with a population of over 3,000,000 inhabitants for the | 10 |
| purpose of
enhancing the county's criminal justice system.
| 11 |
| (c-20) Each year the General Assembly shall appropriate | 12 |
| from the General
Revenue Fund to the Education Assistance Fund | 13 |
| an amount equal to the amount
paid to each home rule county | 14 |
| with a population of over 3,000,000 inhabitants
pursuant to | 15 |
| subsection (c-15) in the prior calendar year.
| 16 |
| (c-25) After the payments required under subsections (b), | 17 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 18 |
| the
adjusted gross receipts of (1) an owners licensee
that
| 19 |
| relocates pursuant to Section 11.2, (2) an
owners
licensee | 20 |
| conducting riverboat gambling operations pursuant to
an
owners | 21 |
| license
that is initially issued after June 25, 1999,
or (3) | 22 |
| the first
riverboat gambling operations conducted by a licensed | 23 |
| manager on behalf of the
State under Section 7.3,
whichever
| 24 |
| comes first,
shall be paid from the State
Gaming Fund to | 25 |
| Chicago State University.
| 26 |
| (d) From time to time, the
Board shall transfer the |
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| remainder of the funds
generated by this Act into the Education
| 2 |
| Assistance Fund, created by Public Act 86-0018, of the State of | 3 |
| Illinois.
| 4 |
| (e) Nothing in this Act shall prohibit the unit of local | 5 |
| government
designated as the home dock of the riverboat from | 6 |
| entering into agreements
with other units of local government | 7 |
| in this State or in other states to
share its portion of the | 8 |
| tax revenue.
| 9 |
| (f) To the extent practicable, the Board shall administer | 10 |
| and collect the
wagering taxes imposed by this Section in a | 11 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 12 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 13 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 14 |
| Penalty and Interest Act.
| 15 |
| (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06; | 16 |
| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07.)
| 17 |
| Section 999. Effective date. This Act takes effect upon | 18 |
| becoming law.
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INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| New Act |
|
| 4 |
| 20 ILCS 210/10 |
from Ch. 127, par. 1710 |
| 5 |
| 20 ILCS 210/12 |
from Ch. 127, par. 1712 |
| 6 |
| 230 ILCS 5/9 |
from Ch. 8, par. 37-9 |
| 7 |
| 230 ILCS 10/13 |
from Ch. 120, par. 2413 |
| |
|