Full Text of HB0082 96th General Assembly
HB0082 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0082
Introduced 1/14/2009, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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15 ILCS 15/3.1 |
from Ch. 127, par. 1803.1 |
20 ILCS 2505/2505-305 |
was 20 ILCS 2505/39b15.1 |
230 ILCS 10/4 |
from Ch. 120, par. 2404 |
230 ILCS 10/5 |
from Ch. 120, par. 2405 |
230 ILCS 10/5.2 new |
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230 ILCS 10/13 |
from Ch. 120, par. 2413 |
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Amends the Department of Revenue Law of the Civil Administrative Code of Illinois and the Riverboat Gambling Act. Separates the Illinois Gaming Board from the Department of Revenue for the purposes of enforcing and administering the Riverboat Gambling Act. Makes conforming changes. In provisions concerning the powers and duties of the Board, removes language allowing the Director of Revenue to delegate responsibility for the administration and enforcement of certain Acts concerning gaming to the Board and adds language concerning appointing investigators and contracts. Makes changes concerning appropriations from the State Gaming Fund. Makes other changes. Amends the Executive Reorganization Implementation Act. Excludes the Illinois Gaming Board from the definition of "agency directly responsible to the Governor". Effective July 1, 2009.
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A BILL FOR
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HB0082 |
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LRB096 03094 AMC 13110 b |
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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 5. The Executive Reorganization Implementation Act | 5 |
| is amended by changing Section 3.1 as follows:
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| (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
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| Sec. 3.1. "Agency directly responsible to the Governor" or | 8 |
| "agency" means
any office, officer, division, or part thereof,
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| 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:
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| (1) the State Board of Elections;
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| (2) the State Board of Education;
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| (3) the Illinois Commerce Commission;
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| (4) the Illinois Workers' Compensation
Commission;
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| (5) the Civil Service Commission;
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| (6) the Fair Employment Practices Commission;
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| (7) the Pollution Control Board;
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| (8) the Department of State Police Merit Board ; | 4 |
| (9) The Illinois Gaming Board .
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| (Source: P.A. 93-721, eff. 1-1-05.)
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| 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:
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| (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
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| Sec. 2505-305. Investigators.
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| (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 .
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| These
Except as provided in subsection (c), these investigators | 16 |
| have
and
may exercise all the powers of peace officers solely | 17 |
| for the purpose of
enforcing taxing measures administered by | 18 |
| the Department
or the Illinois Gaming Board .
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| (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
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| authorized
by the
Department and (ii)
contains a unique | 24 |
| identifying number.
No other badge shall be authorized by
the |
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| Department.
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| (c) (Blank).
Investigators appointed under this Section | 3 |
| who are assigned to the
Illinois Gaming Board have and may | 4 |
| exercise all
the rights and powers
of peace officers,
provided | 5 |
| that these powers shall be limited to offenses or violations | 6 |
| occurring
or committed on a riverboat or dock, as defined in | 7 |
| subsections (d) and (f) of
Section 4 of the Riverboat
Gambling | 8 |
| Act.
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| (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, | 10 |
| eff. 1-1-02.)
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| Section 15. The Riverboat Gambling Act is amended by | 12 |
| changing Sections 4, 5, and 13 and by adding Section 5.2 as | 13 |
| follows:
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| (230 ILCS 10/4) (from Ch. 120, par. 2404)
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| Sec. 4. Definitions. As used in this Act:
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| (a) "Board" means the Illinois Gaming Board.
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| (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.
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| (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 |
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| pull tab which is authorized by the Board
as a wagering device | 2 |
| under this Act.
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| (d) "Riverboat" means a self-propelled excursion boat, a
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| 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.
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| (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.
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| (f) "Dock" means the location where a riverboat moors for | 12 |
| the purpose of
embarking passengers for and disembarking | 13 |
| passengers from the riverboat.
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| (g) "Gross receipts" means the total amount of money | 15 |
| exchanged for the
purchase of chips, tokens or electronic cards | 16 |
| by riverboat patrons.
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| (h) "Adjusted gross receipts" means the gross receipts less
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| winnings paid to wagerers.
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| (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.
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| (j) (Blank) "Department" means the Department of Revenue .
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| (k) "Gambling operation" means the conduct of authorized | 24 |
| gambling games
upon a riverboat.
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| (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 |
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| owners license that is
re-issued on or after July 1, 2003.
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| (m) The terms "minority person" and "female" shall have the | 3 |
| same meaning
as
defined in
Section 2 of the Business Enterprise | 4 |
| for Minorities, Females, and Persons with
Disabilities Act.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| (230 ILCS 10/5) (from Ch. 120, par. 2405)
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| Sec. 5. Gaming Board.
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| (a) (1) There is hereby established the
within the | 9 |
| Department of Revenue an
Illinois Gaming Board , which shall | 10 |
| have the powers and duties specified in
this Act, and all other | 11 |
| powers necessary and proper to fully and
effectively execute | 12 |
| this Act for the purpose of administering, regulating,
and | 13 |
| enforcing the system of riverboat gambling established by this | 14 |
| Act. Its
jurisdiction shall extend under this Act to every | 15 |
| person, association,
corporation, partnership and trust | 16 |
| involved in riverboat gambling
operations in the State of | 17 |
| Illinois.
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| (2) The Board shall consist of 5 members to be appointed by | 19 |
| the Governor
with the advice and consent of the Senate, one of | 20 |
| whom shall be designated
by the Governor to be chairman. Each | 21 |
| member shall have a reasonable
knowledge of the practice, | 22 |
| procedure and principles of gambling operations.
Each member | 23 |
| shall either be a resident of Illinois or shall certify that he
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| will become a resident of Illinois before taking office. At | 25 |
| least one member
shall be experienced in law enforcement and |
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| criminal investigation, at
least one member shall be a | 2 |
| certified public accountant experienced in
accounting and | 3 |
| auditing, and at least one member shall be a lawyer licensed
to | 4 |
| practice law in Illinois.
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| (3) The terms of office of the Board members shall be 3 | 6 |
| years, except
that the terms of office of the initial Board | 7 |
| members appointed pursuant to
this Act will commence from the | 8 |
| effective date of this Act and run as
follows: one for a term | 9 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 10 |
| a term ending July 1, 1993. Upon the expiration of the
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| foregoing terms, the successors of such members shall serve a | 12 |
| term for 3
years and until their successors are appointed and | 13 |
| qualified for like terms.
Vacancies in the Board shall be | 14 |
| filled for the unexpired term in like
manner as original | 15 |
| appointments. Each member of the Board shall be
eligible for | 16 |
| reappointment at the discretion of the Governor with the
advice | 17 |
| and consent of the Senate.
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| (4)
Each member of the Board shall receive $300 for each | 19 |
| day the
Board meets and for each day the member conducts any | 20 |
| hearing pursuant to
this Act. Each member of the Board shall | 21 |
| also be reimbursed for all actual
and necessary expenses and | 22 |
| disbursements incurred in the execution of official
duties.
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| (5) No person shall be appointed a member of the Board or | 24 |
| continue to be
a member of the Board who is, or whose spouse, | 25 |
| child or parent is, a member
of the board of directors of, or a | 26 |
| person financially interested in, any
gambling operation |
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| subject to the jurisdiction of this Board, or any race
track, | 2 |
| race meeting, racing association or the operations thereof | 3 |
| subject
to the jurisdiction of the Illinois Racing Board. No | 4 |
| Board member shall
hold any other public office for which he | 5 |
| shall receive compensation other
than necessary travel or other | 6 |
| incidental expenses. No person shall be a
member of the Board | 7 |
| who is not of good moral character or who has been
convicted | 8 |
| of, or is under indictment for, a felony under the laws of
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| Illinois or any other state, or the United States.
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| (6) Any member of the Board may be removed by the Governor | 11 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 12 |
| in office.
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| (7) Before entering upon the discharge of the duties of his | 14 |
| office, each
member of the Board shall take an oath that he | 15 |
| will faithfully execute the
duties of his office according to | 16 |
| the laws of the State and the rules and
regulations adopted | 17 |
| therewith and shall give bond to the State of Illinois,
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| approved by the Governor, in the sum of $25,000. Every such | 19 |
| bond, when
duly executed and approved, shall be recorded in the | 20 |
| office of the
Secretary of State. Whenever the Governor | 21 |
| determines that the bond of any
member of the Board has become | 22 |
| or is likely to become invalid or
insufficient, he shall | 23 |
| require such member forthwith to renew his bond,
which is to be | 24 |
| approved by the Governor. Any member of the Board who fails
to | 25 |
| take oath and give bond within 30 days from the date of his | 26 |
| appointment,
or who fails to renew his bond within 30 days |
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| after it is demanded by the
Governor, shall be guilty of | 2 |
| neglect of duty and may be removed by the
Governor. The cost of | 3 |
| any bond given by any member of the Board under this
Section | 4 |
| shall be taken to be a part of the necessary expenses of the | 5 |
| Board.
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| (8) The
Upon the request of the Board , the Department shall | 7 |
| employ such
personnel as may be necessary to carry out its
the
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| functions and shall determine the salaries of all personnel, | 9 |
| except those personnel whose salaries are determined under the | 10 |
| terms of a collective bargaining agreement
of the Board . No
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| person shall be employed to serve the Board who is, or whose | 12 |
| spouse, parent
or child is, an official of, or has a financial | 13 |
| interest in or financial
relation with, any operator engaged in | 14 |
| gambling operations within this
State or any organization | 15 |
| engaged in conducting horse racing within this
State. Any | 16 |
| employee violating these prohibitions shall be subject to
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| termination of employment.
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| (9) An Administrator shall perform any and all duties that | 19 |
| the Board
shall assign him. The salary of the Administrator | 20 |
| shall be determined by
the Board and approved by the Director | 21 |
| of the Department and, in addition,
he shall be reimbursed for | 22 |
| all actual and necessary expenses incurred by
him in discharge | 23 |
| of his official duties. The Administrator shall keep
records of | 24 |
| all proceedings of the Board and shall preserve all records,
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| books, documents and other papers belonging to the Board or | 26 |
| entrusted to
its care. The Administrator shall devote his full |
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| time to the duties of
the office and shall not hold any other | 2 |
| office or employment.
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| (b) The Board shall have general responsibility for the | 4 |
| implementation
of this Act. Its duties include, without | 5 |
| limitation, the following:
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| (1) To decide promptly and in reasonable order all | 7 |
| license applications.
Any party aggrieved by an action of | 8 |
| the Board denying, suspending,
revoking, restricting or | 9 |
| refusing to renew a license may request a hearing
before | 10 |
| the Board. A request for a hearing must be made to the | 11 |
| Board in
writing within 5 days after service of notice of | 12 |
| the action of the Board.
Notice of the action of the Board | 13 |
| shall be served either by personal
delivery or by certified | 14 |
| mail, postage prepaid, to the aggrieved party.
Notice | 15 |
| served by certified mail shall be deemed complete on the | 16 |
| business
day following the date of such mailing. The Board | 17 |
| shall conduct all
requested hearings promptly and in | 18 |
| reasonable order;
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| (2) To conduct all hearings pertaining to civil | 20 |
| violations of this Act
or rules and regulations promulgated | 21 |
| hereunder;
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| (3) To promulgate such rules and regulations as in its | 23 |
| judgment may be
necessary to protect or enhance the | 24 |
| credibility and integrity of gambling
operations | 25 |
| authorized by this Act and the regulatory process | 26 |
| hereunder;
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| (4) To provide for the establishment and collection of | 2 |
| all license and
registration fees and taxes imposed by this | 3 |
| Act and the rules and
regulations issued pursuant hereto. | 4 |
| All such fees and taxes shall be
deposited into the State | 5 |
| Gaming Fund;
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| (5) To provide for the levy and collection of penalties | 7 |
| and fines for the
violation of provisions of this Act and | 8 |
| the rules and regulations
promulgated hereunder. All such | 9 |
| fines and penalties shall be deposited
into the Education | 10 |
| Assistance Fund, created by Public Act 86-0018, of the
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| State of Illinois;
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| (6) To be present through its inspectors and agents any | 13 |
| time gambling
operations are conducted on any riverboat for | 14 |
| the purpose of certifying the
revenue thereof, receiving | 15 |
| complaints from the public, and conducting such
other | 16 |
| investigations into the conduct of the gambling games and | 17 |
| the
maintenance of the equipment as from time to time the | 18 |
| Board may deem
necessary and proper;
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| (7) To review and rule upon any complaint by a licensee
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| regarding any investigative procedures of the State which | 21 |
| are unnecessarily
disruptive of gambling operations. The | 22 |
| need to inspect and investigate
shall be presumed at all | 23 |
| times. The disruption of a licensee's operations
shall be | 24 |
| proved by clear and convincing evidence, and establish | 25 |
| that: (A)
the procedures had no reasonable law enforcement | 26 |
| purposes, and (B) the
procedures were so disruptive as to |
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| unreasonably inhibit gambling operations;
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| (8) To hold at least one meeting each quarter of the | 3 |
| fiscal
year. In addition, special meetings may be called by | 4 |
| the Chairman or any 2
Board members upon 72 hours written | 5 |
| notice to each member. All Board
meetings shall be subject | 6 |
| to the Open Meetings Act. Three members of the
Board shall | 7 |
| constitute a quorum, and 3 votes shall be required for any
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| final determination by the Board. The Board shall keep a | 9 |
| complete and
accurate record of all its meetings. A | 10 |
| majority of the members of the Board
shall constitute a | 11 |
| quorum for the transaction of any business, for the
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| performance of any duty, or for the exercise of any power | 13 |
| which this Act
requires the Board members to transact, | 14 |
| perform or exercise en banc, except
that, upon order of the | 15 |
| Board, one of the Board members or an
administrative law | 16 |
| judge designated by the Board may conduct any hearing
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| provided for under this Act or by Board rule and may | 18 |
| recommend findings and
decisions to the Board. The Board | 19 |
| member or administrative law judge
conducting such hearing | 20 |
| shall have all powers and rights granted to the
Board in | 21 |
| this Act. The record made at the time of the hearing shall | 22 |
| be
reviewed by the Board, or a majority thereof, and the | 23 |
| findings and decision
of the majority of the Board shall | 24 |
| constitute the order of the Board in
such case;
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| (9) To maintain records which are separate and distinct | 26 |
| from the records
of any other State board or commission. |
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| Such records shall be available
for public inspection and | 2 |
| shall accurately reflect all Board proceedings;
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| (10) To file a written annual report with the Governor | 4 |
| on or before
March 1 each year and such additional reports | 5 |
| as the Governor may request.
The annual report shall | 6 |
| include a statement of receipts and disbursements
by the | 7 |
| Board, actions taken by the Board, and any additional | 8 |
| information
and recommendations which the Board may deem | 9 |
| valuable or which the Governor
may request;
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| (11) (Blank); and
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| (12) (Blank); and
To assume responsibility for the | 12 |
| administration and
enforcement of the Bingo License and Tax | 13 |
| Act, the Charitable Games Act, and
the Pull Tabs and Jar | 14 |
| Games Act if such responsibility is delegated to it
by the | 15 |
| Director of Revenue.
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| (13) To adopt, by rule, a code of conduct governing | 17 |
| Board members and employees that ensure, to the maximum | 18 |
| extent possible, that persons subject to this Code avoid | 19 |
| situations, relationships, or associations that may | 20 |
| represent or lead to a conflict of interest.
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| (c) The Board shall have jurisdiction over and shall | 22 |
| supervise all
gambling operations governed by this Act. The | 23 |
| Board shall have all powers
necessary and proper to fully and | 24 |
| effectively execute the provisions of
this Act, including, but | 25 |
| not limited to, the following:
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| (1) To investigate applicants and determine the |
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| eligibility of
applicants for licenses and to select among | 2 |
| competing applicants the
applicants which best serve the | 3 |
| interests of the citizens of Illinois.
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| (2) To have jurisdiction and supervision over all | 5 |
| riverboat gambling
operations in this State and all persons | 6 |
| on riverboats where gambling
operations are conducted.
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| (3) To promulgate rules and regulations for the purpose | 8 |
| of administering
the provisions of this Act and to | 9 |
| prescribe rules, regulations and
conditions under which | 10 |
| all riverboat gambling in the State shall be
conducted. | 11 |
| Such rules and regulations are to provide for the | 12 |
| prevention of
practices detrimental to the public interest | 13 |
| and for the best interests of
riverboat gambling, including | 14 |
| rules and regulations regarding the
inspection of such | 15 |
| riverboats and the review of any permits or licenses
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| necessary to operate a riverboat under any laws or | 17 |
| regulations applicable
to riverboats, and to impose | 18 |
| penalties for violations thereof.
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| (4) To enter the office, riverboats, facilities, or | 20 |
| other
places of business of a licensee, where evidence of | 21 |
| the compliance or
noncompliance with the provisions of this | 22 |
| Act is likely to be found.
| 23 |
| (5) To investigate alleged violations of this Act or | 24 |
| the
rules of the Board and to take appropriate disciplinary
| 25 |
| action against a licensee or a holder of an occupational | 26 |
| license for a
violation, or institute appropriate legal |
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| action for enforcement, or both.
| 2 |
| (6) To adopt standards for the licensing of all persons | 3 |
| under this Act,
as well as for electronic or mechanical | 4 |
| gambling games, and to establish
fees for such licenses.
| 5 |
| (7) To adopt appropriate standards for all riverboats
| 6 |
| and facilities.
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| (8) To require that the records, including financial or | 8 |
| other statements
of any licensee under this Act, shall be | 9 |
| kept in such manner as prescribed
by the Board and that any | 10 |
| such licensee involved in the ownership or
management of | 11 |
| gambling operations submit to the Board an annual balance
| 12 |
| sheet and profit and loss statement, list of the | 13 |
| stockholders or other
persons having
a 1% or greater
| 14 |
| beneficial interest in the gambling
activities of each | 15 |
| licensee, and any other information the Board deems
| 16 |
| necessary in order to effectively administer this Act and | 17 |
| all rules,
regulations, orders and final decisions | 18 |
| promulgated under this Act.
| 19 |
| (9) To conduct hearings, issue subpoenas for the | 20 |
| attendance of
witnesses and subpoenas duces tecum for the | 21 |
| production of books, records
and other pertinent documents | 22 |
| in accordance with the Illinois
Administrative Procedure | 23 |
| Act, and to administer oaths and affirmations to
the | 24 |
| witnesses, when, in the judgment of the Board, it is | 25 |
| necessary to
administer or enforce this Act or the Board | 26 |
| rules.
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| (10) To prescribe a form to be used by any licensee | 2 |
| involved in the
ownership or management of gambling | 3 |
| operations as an
application for employment for their | 4 |
| employees.
| 5 |
| (11) To revoke or suspend licenses, as the Board may | 6 |
| see fit and in
compliance with applicable laws of the State | 7 |
| regarding administrative
procedures, and to review | 8 |
| applications for the renewal of licenses. The
Board may | 9 |
| suspend an owners license, without notice or hearing upon a
| 10 |
| determination that the safety or health of patrons or | 11 |
| employees is
jeopardized by continuing a riverboat's | 12 |
| operation. The suspension may
remain in effect until the | 13 |
| Board determines that the cause for suspension
has been | 14 |
| abated. The Board may revoke the owners license upon a
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| determination that the owner has not made satisfactory | 16 |
| progress toward
abating the hazard.
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| (12) To eject or exclude or authorize the ejection or | 18 |
| exclusion of, any
person from riverboat gambling | 19 |
| facilities where such person is in violation
of this Act, | 20 |
| rules and regulations thereunder, or final orders of the
| 21 |
| Board, or where such person's conduct or reputation is such | 22 |
| that his
presence within the riverboat gambling facilities | 23 |
| may, in the opinion of
the Board, call into question the | 24 |
| honesty and integrity of the gambling
operations or | 25 |
| interfere with orderly conduct thereof; provided that the
| 26 |
| propriety of such ejection or exclusion is subject to |
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HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| subsequent hearing
by the Board.
| 2 |
| (13) To require all licensees of gambling operations to | 3 |
| utilize a
cashless wagering system whereby all players' | 4 |
| money is converted to tokens,
electronic cards, or chips | 5 |
| which shall be used only for wagering in the
gambling | 6 |
| establishment.
| 7 |
| (14) (Blank).
| 8 |
| (15) To suspend, revoke or restrict licenses, to | 9 |
| require the
removal of a licensee or an employee of a | 10 |
| licensee for a violation of this
Act or a Board rule or for | 11 |
| engaging in a fraudulent practice, and to
impose civil | 12 |
| penalties of up to $5,000 against individuals and up to
| 13 |
| $10,000 or an amount equal to the daily gross receipts, | 14 |
| whichever is
larger, against licensees for each violation | 15 |
| of any provision of the Act,
any rules adopted by the | 16 |
| Board, any order of the Board or any other action
which, in | 17 |
| the Board's discretion, is a detriment or impediment to | 18 |
| riverboat
gambling operations.
| 19 |
| (16) To hire employees to gather information, conduct | 20 |
| investigations
and carry out any other tasks contemplated | 21 |
| under this Act.
| 22 |
| (17) To establish minimum levels of insurance to be | 23 |
| maintained by
licensees.
| 24 |
| (18) To authorize a licensee to sell or serve alcoholic | 25 |
| liquors, wine or
beer as defined in the Liquor Control Act | 26 |
| of 1934 on board a riverboat
and to have exclusive |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| authority to establish the hours for sale and
consumption | 2 |
| of alcoholic liquor on board a riverboat, notwithstanding | 3 |
| any
provision of the Liquor Control Act of 1934 or any | 4 |
| local ordinance, and
regardless of whether the riverboat | 5 |
| makes excursions. The
establishment of the hours for sale | 6 |
| and consumption of alcoholic liquor on
board a riverboat is | 7 |
| an exclusive power and function of the State. A home
rule | 8 |
| unit may not establish the hours for sale and consumption | 9 |
| of alcoholic
liquor on board a riverboat. This amendatory | 10 |
| Act of 1991 is a denial and
limitation of home rule powers | 11 |
| and functions under subsection (h) of
Section 6 of Article | 12 |
| VII of the Illinois Constitution.
| 13 |
| (19) After consultation with the U.S. Army Corps of | 14 |
| Engineers, to
establish binding emergency orders upon the | 15 |
| concurrence of a majority of
the members of the Board | 16 |
| regarding the navigability of water, relative to
| 17 |
| excursions,
in the event
of extreme weather conditions, | 18 |
| acts of God or other extreme circumstances.
| 19 |
| (20) To delegate the execution of any of its powers | 20 |
| under this Act for
the purpose of administering and | 21 |
| enforcing this Act and its rules and
regulations hereunder.
| 22 |
| (20.5) To approve any contract entered into on its | 23 |
| behalf.
| 24 |
| (20.6) To appoint investigators to conduct | 25 |
| investigations, searches, seizures, arrests, and other | 26 |
| duties imposed under this Act, as deemed necessary by the |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| Board. These investigators have and may exercise all of the | 2 |
| rights and powers of peace officers, provided that these | 3 |
| powers shall be limited to offenses or violations occurring | 4 |
| or committed on a riverboat or dock, as defined in | 5 |
| subsections (d) and (f) of Section 4, or as otherwise | 6 |
| provided by this Act or any other law. | 7 |
| (20.7) To contract with the Department of State Police | 8 |
| for the use of trained and qualified State police officers | 9 |
| and with the Department of Revenue for the use of trained | 10 |
| and qualified Department of Revenue investigators to | 11 |
| conduct investigations, searches, seizures, arrests, and | 12 |
| other duties imposed under this Act and to exercise all of | 13 |
| the rights and powers of peace officers, provided that the | 14 |
| powers of Department of Revenue investigators under this | 15 |
| subdivision (20.7) shall be limited to offenses or | 16 |
| violations occurring or committed on a riverboat or dock, | 17 |
| as defined in subsections (d) and (f) of Section 4, or as | 18 |
| otherwise provided by this Act or any other law. In the | 19 |
| event the Department of State Police or the Department of | 20 |
| Revenue is unable to fill contracted police or | 21 |
| investigative positions, the Board may appoint | 22 |
| investigators to fill those positions pursuant to | 23 |
| subdivision (20.6).
| 24 |
| (21) To take any other action as may be reasonable or | 25 |
| appropriate to
enforce this Act and rules and regulations | 26 |
| hereunder.
|
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| (d) The Board may seek and shall receive the cooperation of | 2 |
| the
Department of State Police in conducting background | 3 |
| investigations of
applicants and in fulfilling its | 4 |
| responsibilities under
this Section. Costs incurred by the | 5 |
| Department of State Police as
a result of such cooperation | 6 |
| shall be paid by the Board in conformance
with the requirements | 7 |
| of Section 2605-400 of the Department of State Police Law
(20 | 8 |
| ILCS 2605/2605-400).
| 9 |
| (e) The Board must authorize to each investigator and to | 10 |
| any other
employee of the Board exercising the powers of a | 11 |
| peace officer a distinct badge
that, on its face, (i) clearly | 12 |
| states that the badge is authorized by the Board
and
(ii) | 13 |
| contains a unique identifying number. No other badge shall be | 14 |
| authorized
by the Board.
| 15 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | 16 |
| eff.
1-1-01.)
| 17 |
| (230 ILCS 10/5.2 new)
| 18 |
| Sec. 5.2. Separation from Department of Revenue. On the | 19 |
| effective date of this amendatory Act of the 96th General | 20 |
| Assembly, all of the powers, duties, assets, liabilities, | 21 |
| employees, contracts, property, records, pending business, and | 22 |
| unexpended appropriations of the Department of Revenue related | 23 |
| to the administration and enforcement of this Act are | 24 |
| transferred to the Illinois Gaming Board. | 25 |
| The status and rights of the transferred employees, and the |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| rights of the State of Illinois and its agencies, under the | 2 |
| Personnel Code and applicable collective bargaining agreements | 3 |
| or under any pension, retirement, or annuity plan are not | 4 |
| affected (except as provided in Sections 14-110 and 18-127 of | 5 |
| the Illinois Pension Code) by that transfer or by any other | 6 |
| provision of this amendatory Act of the 96th General Assembly.
| 7 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 8 |
| Sec. 13. Wagering tax; rate; distribution.
| 9 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 10 |
| gross
receipts received from gambling games authorized under | 11 |
| this Act at the rate of
20%.
| 12 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 13 |
| tax is
imposed on persons engaged in the business of conducting | 14 |
| riverboat gambling
operations, based on the adjusted gross | 15 |
| receipts received by a licensed owner
from gambling games | 16 |
| authorized under this Act at the following rates:
| 17 |
| 15% of annual adjusted gross receipts up to and | 18 |
| including $25,000,000;
| 19 |
| 20% of annual adjusted gross receipts in excess of | 20 |
| $25,000,000 but not
exceeding $50,000,000;
| 21 |
| 25% of annual adjusted gross receipts in excess of | 22 |
| $50,000,000 but not
exceeding $75,000,000;
| 23 |
| 30% of annual adjusted gross receipts in excess of | 24 |
| $75,000,000 but not
exceeding $100,000,000;
| 25 |
| 35% of annual adjusted gross receipts in excess of |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| $100,000,000.
| 2 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 3 |
| is imposed on
persons engaged in the business of conducting | 4 |
| riverboat gambling operations,
other than licensed managers | 5 |
| conducting riverboat gambling operations on behalf
of the | 6 |
| State, based on the adjusted gross receipts received by a | 7 |
| licensed
owner from gambling games authorized under this Act at | 8 |
| the following rates:
| 9 |
| 15% of annual adjusted gross receipts up to and | 10 |
| including $25,000,000;
| 11 |
| 22.5% of annual adjusted gross receipts in excess of | 12 |
| $25,000,000 but not
exceeding $50,000,000;
| 13 |
| 27.5% of annual adjusted gross receipts in excess of | 14 |
| $50,000,000 but not
exceeding $75,000,000;
| 15 |
| 32.5% of annual adjusted gross receipts in excess of | 16 |
| $75,000,000 but not
exceeding $100,000,000;
| 17 |
| 37.5% of annual adjusted gross receipts in excess of | 18 |
| $100,000,000 but not
exceeding $150,000,000;
| 19 |
| 45% of annual adjusted gross receipts in excess of | 20 |
| $150,000,000 but not
exceeding $200,000,000;
| 21 |
| 50% of annual adjusted gross receipts in excess of | 22 |
| $200,000,000.
| 23 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 24 |
| persons engaged
in the business of conducting riverboat | 25 |
| gambling operations, other than
licensed managers conducting | 26 |
| riverboat gambling operations on behalf of the
State, based on |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| the adjusted gross receipts received by a licensed owner from
| 2 |
| gambling games authorized under this Act at the following | 3 |
| rates:
| 4 |
| 15% of annual adjusted gross receipts up to and | 5 |
| including $25,000,000;
| 6 |
| 27.5% of annual adjusted gross receipts in excess of | 7 |
| $25,000,000 but not
exceeding $37,500,000;
| 8 |
| 32.5% of annual adjusted gross receipts in excess of | 9 |
| $37,500,000 but not
exceeding $50,000,000;
| 10 |
| 37.5% of annual adjusted gross receipts in excess of | 11 |
| $50,000,000 but not
exceeding $75,000,000;
| 12 |
| 45% of annual adjusted gross receipts in excess of | 13 |
| $75,000,000 but not
exceeding $100,000,000;
| 14 |
| 50% of annual adjusted gross receipts in excess of | 15 |
| $100,000,000 but not
exceeding $250,000,000;
| 16 |
| 70% of annual adjusted gross receipts in excess of | 17 |
| $250,000,000.
| 18 |
| An amount equal to the amount of wagering taxes collected | 19 |
| under this
subsection (a-3) that are in addition to the amount | 20 |
| of wagering taxes that
would have been collected if the | 21 |
| wagering tax rates under subsection (a-2)
were in effect shall | 22 |
| be paid into the Common School Fund.
| 23 |
| The privilege tax imposed under this subsection (a-3) shall | 24 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 25 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat | 26 |
| gambling operations are conducted
pursuant to a dormant |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| license; or (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.
For the purposes of this subsection | 5 |
| (a-3), the term "dormant license"
means an owners license that | 6 |
| is authorized by this Act under which no
riverboat gambling | 7 |
| operations are being conducted on June 20, 2003.
| 8 |
| (a-4) Beginning on the first day on which the tax imposed | 9 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 10 |
| imposed on persons
engaged in the business of conducting | 11 |
| riverboat gambling operations, other
than licensed managers | 12 |
| conducting riverboat gambling operations on behalf of
the | 13 |
| State, based on the adjusted gross receipts received by a | 14 |
| licensed owner
from gambling games authorized under this Act at | 15 |
| the following rates:
| 16 |
| 15% of annual adjusted gross receipts up to and | 17 |
| including $25,000,000;
| 18 |
| 22.5% of annual adjusted gross receipts in excess of | 19 |
| $25,000,000 but not
exceeding $50,000,000;
| 20 |
| 27.5% of annual adjusted gross receipts in excess of | 21 |
| $50,000,000 but not
exceeding $75,000,000;
| 22 |
| 32.5% of annual adjusted gross receipts in excess of | 23 |
| $75,000,000 but not
exceeding $100,000,000;
| 24 |
| 37.5% of annual adjusted gross receipts in excess of | 25 |
| $100,000,000 but not
exceeding $150,000,000;
| 26 |
| 45% of annual adjusted gross receipts in excess of |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| $150,000,000 but not
exceeding $200,000,000;
| 2 |
| 50% of annual adjusted gross receipts in excess of | 3 |
| $200,000,000.
| 4 |
| (a-8) Riverboat gambling operations conducted by a | 5 |
| licensed manager on
behalf of the State are not subject to the | 6 |
| tax imposed under this Section.
| 7 |
| (a-10) The taxes imposed by this Section shall be paid by | 8 |
| the licensed
owner to the Board not later than 3:00 o'clock | 9 |
| p.m. of the day after the day
when the wagers were 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 |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 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.
|
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 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 |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 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 December 15, 2008 ( the effective date | 23 |
| of Public Act 95-1008) this amendatory Act of the 95th General | 24 |
| Assembly , unless any organization licensee under the Illinois | 25 |
| Horse Racing Act of 1975 begins to operate a slot machine or | 26 |
| video game of chance under the Illinois Horse Racing Act of |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| 1975 or this Act, after the payments required under subsections | 2 |
| (b) and (c) have been
made, an amount equal to 15% of the | 3 |
| adjusted gross receipts of (1) an owners
licensee that | 4 |
| relocates pursuant to Section 11.2,
(2) an owners licensee
| 5 |
| conducting riverboat gambling operations
pursuant to an
owners | 6 |
| license that is initially issued after June
25, 1999,
or (3) | 7 |
| the first
riverboat gambling operations conducted by a licensed | 8 |
| manager on behalf of the
State under Section 7.3,
whichever | 9 |
| comes first, shall be paid from the State
Gaming Fund into the | 10 |
| Horse Racing Equity Fund.
| 11 |
| (c-10) 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 into the Horse Racing Equity | 14 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 15 |
| (c-15) After the payments required under subsections (b), | 16 |
| (c), and (c-5)
have been made, an amount equal to 2% of the | 17 |
| adjusted gross receipts of (1)
an owners licensee that | 18 |
| relocates pursuant to Section 11.2, (2) an owners
licensee | 19 |
| conducting riverboat gambling operations pursuant to
an
owners | 20 |
| license that is initially issued after June 25, 1999,
or (3) | 21 |
| the first
riverboat gambling operations conducted by a licensed | 22 |
| manager on behalf of the
State under Section 7.3,
whichever | 23 |
| comes first, shall be paid, subject to appropriation
from the | 24 |
| General Assembly, from the State Gaming Fund to each home rule
| 25 |
| county with a population of over 3,000,000 inhabitants for the | 26 |
| purpose of
enhancing the county's criminal justice system.
|
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 b |
|
| 1 |
| (c-20) Each year the General Assembly shall appropriate | 2 |
| from the General
Revenue Fund to the Education Assistance Fund | 3 |
| an amount equal to the amount
paid to each home rule county | 4 |
| with a population of over 3,000,000 inhabitants
pursuant to | 5 |
| subsection (c-15) in the prior calendar year.
| 6 |
| (c-25) After the payments required under subsections (b), | 7 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 8 |
| the
adjusted gross receipts of (1) an owners licensee
that
| 9 |
| relocates pursuant to Section 11.2, (2) an
owners
licensee | 10 |
| conducting riverboat gambling operations pursuant to
an
owners | 11 |
| license
that is initially issued after June 25, 1999,
or (3) | 12 |
| the first
riverboat gambling operations conducted by a licensed | 13 |
| manager on behalf of the
State under Section 7.3,
whichever
| 14 |
| comes first,
shall be paid from the State
Gaming Fund to | 15 |
| Chicago State University.
| 16 |
| (d) From time to time, the
Board shall transfer the | 17 |
| remainder of the funds
generated by this Act into the Education
| 18 |
| Assistance Fund, created by Public Act 86-0018, of the State of | 19 |
| Illinois.
| 20 |
| (e) Nothing in this Act shall prohibit the unit of local | 21 |
| government
designated as the home dock of the riverboat from | 22 |
| entering into agreements
with other units of local government | 23 |
| in this State or in other states to
share its portion of the | 24 |
| tax revenue.
| 25 |
| (f) To the extent practicable, the Board shall administer | 26 |
| and collect the
wagering taxes imposed by this Section in a |
|
|
|
HB0082 |
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LRB096 03094 AMC 13110 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; 94-804, eff. 5-26-06; | 6 |
| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-1008, eff. | 7 |
| 12-15-08.)
| 8 |
| Section 99. Effective date. This Act takes effect on July | 9 |
| 1, 2009. |
|