Full Text of HB0261 096th General Assembly
HB0261eng 96TH GENERAL ASSEMBLY
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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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| Except as provided in subsection (c), these investigators have
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| and
may exercise all the powers of peace officers solely for | 17 |
| the purpose of
enforcing taxing measures administered by the | 18 |
| Department
or the Illinois Gaming Board .
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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) The Department may enter into agreements with the | 3 |
| Illinois Gaming Board providing that investigators appointed | 4 |
| under this Section shall exercise the peace officer powers set | 5 |
| forth in paragraph (20.6) of subsection (c) of Section 5 of the | 6 |
| Riverboat Gambling Act.
Investigators appointed under this | 7 |
| Section who are assigned to the
Illinois Gaming Board have and | 8 |
| may exercise all
the rights and powers
of peace officers,
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| provided that these powers shall be limited to offenses or | 10 |
| violations occurring
or committed on a riverboat or dock, as | 11 |
| defined in subsections (d) and (f) of
Section 4 of the | 12 |
| Riverboat
Gambling Act.
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| (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, | 14 |
| eff. 1-1-02.)
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| Section 15. The State Finance Act is amended by adding | 16 |
| Section 5.719 as follows: | 17 |
| (30 ILCS 105/5.719 new) | 18 |
| Sec. 5.719. The Gaming Administration and Enforcement | 19 |
| Fund. | 20 |
| Section 20. The Illinois Pension Code is amended by | 21 |
| changing Sections 14-110, 14-152.1, 18-127, and 18-169 as | 22 |
| follows:
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| (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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| Sec. 14-110. Alternative retirement annuity.
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| (a) Any member who has withdrawn from service with not less | 4 |
| than 20
years of eligible creditable service and has attained | 5 |
| age 55, and any
member who has withdrawn from service with not | 6 |
| less than 25 years of
eligible creditable service and has | 7 |
| attained age 50, regardless of whether
the attainment of either | 8 |
| of the specified ages occurs while the member is
still in | 9 |
| service, shall be entitled to receive at the option of the | 10 |
| member,
in lieu of the regular or minimum retirement annuity, a | 11 |
| retirement annuity
computed as follows:
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| (i) for periods of service as a noncovered employee:
if | 13 |
| retirement occurs on or after January 1, 2001, 3% of final
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| average compensation for each year of creditable service; | 15 |
| if retirement occurs
before January 1, 2001, 2 1/4% of | 16 |
| final average compensation for each of the
first 10 years | 17 |
| of creditable service, 2 1/2% for each year above 10 years | 18 |
| to
and including 20 years of creditable service, and 2 3/4% | 19 |
| for each year of
creditable service above 20 years; and
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| (ii) for periods of eligible creditable service as a | 21 |
| covered employee:
if retirement occurs on or after January | 22 |
| 1, 2001, 2.5% of final average
compensation for each year | 23 |
| of creditable service; if retirement occurs before
January | 24 |
| 1, 2001, 1.67% of final average compensation for each of | 25 |
| the first
10 years of such service, 1.90% for each of the | 26 |
| next 10 years of such service,
2.10% for each year of such |
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| service in excess of 20 but not exceeding 30, and
2.30% for | 2 |
| each year in excess of 30.
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| Such annuity shall be subject to a maximum of 75% of final | 4 |
| average
compensation if retirement occurs before January 1, | 5 |
| 2001 or to a maximum
of 80% of final average compensation if | 6 |
| retirement occurs on or after January
1, 2001.
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| These rates shall not be applicable to any service | 8 |
| performed
by a member as a covered employee which is not | 9 |
| eligible creditable service.
Service as a covered employee | 10 |
| which is not eligible creditable service
shall be subject to | 11 |
| the rates and provisions of Section 14-108.
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| (b) For the purpose of this Section, "eligible creditable | 13 |
| service" means
creditable service resulting from service in one | 14 |
| or more of the following
positions:
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| (1) State policeman;
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| (2) fire fighter in the fire protection service of a | 17 |
| department;
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| (3) air pilot;
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| (4) special agent;
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| (5) investigator for the Secretary of State;
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| (6) conservation police officer;
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| (7) investigator for the Department of Revenue or the | 23 |
| Illinois Gaming Board ;
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| (8) security employee of the Department of Human | 25 |
| Services;
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| (9) Central Management Services security police |
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| officer;
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| (10) security employee of the Department of | 3 |
| Corrections or the Department of Juvenile Justice;
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| (11) dangerous drugs investigator;
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| (12) investigator for the Department of State Police;
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| (13) investigator for the Office of the Attorney | 7 |
| General;
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| (14) controlled substance inspector;
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| (15) investigator for the Office of the State's | 10 |
| Attorneys Appellate
Prosecutor;
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| (16) Commerce Commission police officer;
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| (17) arson investigator;
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| (18) State highway maintenance worker.
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| A person employed in one of the positions specified in this | 15 |
| subsection is
entitled to eligible creditable service for | 16 |
| service credit earned under this
Article while undergoing the | 17 |
| basic police training course approved by the
Illinois Law | 18 |
| Enforcement Training
Standards Board, if
completion of that | 19 |
| training is required of persons serving in that position.
For | 20 |
| the purposes of this Code, service during the required basic | 21 |
| police
training course shall be deemed performance of the | 22 |
| duties of the specified
position, even though the person is not | 23 |
| a sworn peace officer at the time of
the training.
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| (c) For the purposes of this Section:
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| (1) The term "state policeman" includes any title or | 26 |
| position
in the Department of State Police that is held by |
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| an individual employed
under the State Police Act.
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| (2) The term "fire fighter in the fire protection | 3 |
| service of a
department" includes all officers in such fire | 4 |
| protection service
including fire chiefs and assistant | 5 |
| fire chiefs.
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| (3) The term "air pilot" includes any employee whose | 7 |
| official job
description on file in the Department of | 8 |
| Central Management Services, or
in the department by which | 9 |
| he is employed if that department is not covered
by the | 10 |
| Personnel Code, states that his principal duty is the | 11 |
| operation of
aircraft, and who possesses a pilot's license; | 12 |
| however, the change in this
definition made by this | 13 |
| amendatory Act of 1983 shall not operate to exclude
any | 14 |
| noncovered employee who was an "air pilot" for the purposes | 15 |
| of this
Section on January 1, 1984.
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| (4) The term "special agent" means any person who by | 17 |
| reason of
employment by the Division of Narcotic Control, | 18 |
| the Bureau of Investigation
or, after July 1, 1977, the | 19 |
| Division of Criminal Investigation, the
Division of | 20 |
| Internal Investigation, the Division of Operations, or any
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| other Division or organizational
entity in the Department | 22 |
| of State Police is vested by law with duties to
maintain | 23 |
| public order, investigate violations of the criminal law of | 24 |
| this
State, enforce the laws of this State, make arrests | 25 |
| and recover property.
The term "special agent" includes any | 26 |
| title or position in the Department
of State Police that is |
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| held by an individual employed under the State
Police Act.
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| (5) The term "investigator for the Secretary of State" | 3 |
| means any person
employed by the Office of the Secretary of | 4 |
| State and vested with such
investigative duties as render | 5 |
| him ineligible for coverage under the Social
Security Act | 6 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 7 |
| 218(l)(1)
of that Act.
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| A person who became employed as an investigator for the | 9 |
| Secretary of
State between January 1, 1967 and December 31, | 10 |
| 1975, and who has served as
such until attainment of age | 11 |
| 60, either continuously or with a single break
in service | 12 |
| of not more than 3 years duration, which break terminated | 13 |
| before
January 1, 1976, shall be entitled to have his | 14 |
| retirement annuity
calculated in accordance with | 15 |
| subsection (a), notwithstanding
that he has less than 20 | 16 |
| years of credit for such service.
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| (6) The term "Conservation Police Officer" means any | 18 |
| person employed
by the Division of Law Enforcement of the | 19 |
| Department of Natural Resources and
vested with such law | 20 |
| enforcement duties as render him ineligible for coverage
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| under the Social Security Act by reason of Sections | 22 |
| 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 23 |
| term "Conservation Police Officer" includes
the positions | 24 |
| of Chief Conservation Police Administrator and Assistant
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| Conservation Police Administrator.
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| (7) The term "investigator for the Department of |
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| Revenue" means any
person employed by the Department of | 2 |
| Revenue and vested with such
investigative duties as render | 3 |
| him ineligible for coverage under the Social
Security Act | 4 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 5 |
| 218(l)(1)
of that Act.
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| The term "investigator for the Illinois Gaming Board" | 7 |
| means any
person employed as such by the Illinois Gaming | 8 |
| Board and vested with such
peace officer duties as render | 9 |
| the person ineligible for coverage under the Social
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| Security Act by reason of Sections 218(d)(5)(A), | 11 |
| 218(d)(8)(D), and 218(l)(1)
of that Act.
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| (8) The term "security employee of the Department of | 13 |
| Human Services"
means any person employed by the Department | 14 |
| of Human Services who (i) is
employed at the Chester Mental | 15 |
| Health Center and has daily contact with the
residents | 16 |
| thereof, (ii) is employed within a security unit at a | 17 |
| facility
operated by the Department and has daily contact | 18 |
| with the residents of the
security unit, (iii) is employed | 19 |
| at a facility operated by the Department
that includes a | 20 |
| security unit and is regularly scheduled to work at least
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| 50% of his or her working hours within that security unit, | 22 |
| or (iv) is a mental health police officer.
"Mental health | 23 |
| police officer" means any person employed by the Department | 24 |
| of
Human Services in a position pertaining to the | 25 |
| Department's mental health and
developmental disabilities | 26 |
| functions who is vested with such law enforcement
duties as |
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| render the person ineligible for coverage under the Social | 2 |
| Security
Act by reason of Sections 218(d)(5)(A), | 3 |
| 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 4 |
| means that portion of a facility that is devoted to
the | 5 |
| care, containment, and treatment of persons committed to | 6 |
| the Department of
Human Services as sexually violent | 7 |
| persons, persons unfit to stand trial, or
persons not | 8 |
| guilty by reason of insanity. With respect to past | 9 |
| employment,
references to the Department of Human Services | 10 |
| include its predecessor, the
Department of Mental Health | 11 |
| and Developmental Disabilities.
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| The changes made to this subdivision (c)(8) by Public | 13 |
| Act 92-14 apply to persons who retire on or after January | 14 |
| 1,
2001, notwithstanding Section 1-103.1.
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| (9) "Central Management Services security police | 16 |
| officer" means any
person employed by the Department of | 17 |
| Central Management Services who is
vested with such law | 18 |
| enforcement duties as render him ineligible for
coverage | 19 |
| under the Social Security Act by reason of Sections | 20 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
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| (10) For a member who first became an employee under | 22 |
| this Article before July 1, 2005, the term "security | 23 |
| employee of the Department of Corrections or the Department | 24 |
| of Juvenile Justice"
means any employee of the Department | 25 |
| of Corrections or the Department of Juvenile Justice or the | 26 |
| former
Department of Personnel, and any member or employee |
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| of the Prisoner
Review Board, who has daily contact with | 2 |
| inmates or youth by working within a
correctional facility | 3 |
| or Juvenile facility operated by the Department of Juvenile | 4 |
| Justice or who is a parole officer or an employee who has
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| direct contact with committed persons in the performance of | 6 |
| his or her
job duties. For a member who first becomes an | 7 |
| employee under this Article on or after July 1, 2005, the | 8 |
| term means an employee of the Department of Corrections or | 9 |
| the Department of Juvenile Justice who is any of the | 10 |
| following: (i) officially headquartered at a correctional | 11 |
| facility or Juvenile facility operated by the Department of | 12 |
| Juvenile Justice, (ii) a parole officer, (iii) a member of | 13 |
| the apprehension unit, (iv) a member of the intelligence | 14 |
| unit, (v) a member of the sort team, or (vi) an | 15 |
| investigator.
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| (11) The term "dangerous drugs investigator" means any | 17 |
| person who is
employed as such by the Department of Human | 18 |
| Services.
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| (12) The term "investigator for the Department of State | 20 |
| Police" means
a person employed by the Department of State | 21 |
| Police who is vested under
Section 4 of the Narcotic | 22 |
| Control Division Abolition Act with such
law enforcement | 23 |
| powers as render him ineligible for coverage under the
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| Social Security Act by reason of Sections 218(d)(5)(A), | 25 |
| 218(d)(8)(D) and
218(l)(1) of that Act.
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| (13) "Investigator for the Office of the Attorney |
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| General" means any
person who is employed as such by the | 2 |
| Office of the Attorney General and
is vested with such | 3 |
| investigative duties as render him ineligible for
coverage | 4 |
| under the Social Security Act by reason of Sections | 5 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 6 |
| the period before January 1,
1989, the term includes all | 7 |
| persons who were employed as investigators by the
Office of | 8 |
| the Attorney General, without regard to social security | 9 |
| status.
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| (14) "Controlled substance inspector" means any person | 11 |
| who is employed
as such by the Department of Professional | 12 |
| Regulation and is vested with such
law enforcement duties | 13 |
| as render him ineligible for coverage under the Social
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| Security Act by reason of Sections 218(d)(5)(A), | 15 |
| 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 16 |
| "controlled substance inspector" includes the Program
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| Executive of Enforcement and the Assistant Program | 18 |
| Executive of Enforcement.
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| (15) The term "investigator for the Office of the | 20 |
| State's Attorneys
Appellate Prosecutor" means a person | 21 |
| employed in that capacity on a full
time basis under the | 22 |
| authority of Section 7.06 of the State's Attorneys
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| Appellate Prosecutor's Act.
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| (16) "Commerce Commission police officer" means any | 25 |
| person employed
by the Illinois Commerce Commission who is | 26 |
| vested with such law
enforcement duties as render him |
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| ineligible for coverage under the Social
Security Act by | 2 |
| reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
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| 218(l)(1) of that Act.
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| (17) "Arson investigator" means any person who is | 5 |
| employed as such by
the Office of the State Fire Marshal | 6 |
| and is vested with such law enforcement
duties as render | 7 |
| the person ineligible for coverage under the Social | 8 |
| Security
Act by reason of Sections 218(d)(5)(A), | 9 |
| 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 10 |
| employed as an arson
investigator on January 1, 1995 and is | 11 |
| no longer in service but not yet
receiving a retirement | 12 |
| annuity may convert his or her creditable service for
| 13 |
| employment as an arson investigator into eligible | 14 |
| creditable service by paying
to the System the difference | 15 |
| between the employee contributions actually paid
for that | 16 |
| service and the amounts that would have been contributed if | 17 |
| the
applicant were contributing at the rate applicable to | 18 |
| persons with the same
social security status earning | 19 |
| eligible creditable service on the date of
application.
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| (18) The term "State highway maintenance worker" means | 21 |
| a person who is
either of the following:
| 22 |
| (i) A person employed on a full-time basis by the | 23 |
| Illinois
Department of Transportation in the position | 24 |
| of
highway maintainer,
highway maintenance lead | 25 |
| worker,
highway maintenance lead/lead worker,
heavy | 26 |
| construction equipment operator,
power shovel |
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| operator, or
bridge mechanic; and
whose principal | 2 |
| responsibility is to perform, on the roadway, the | 3 |
| actual
maintenance necessary to keep the highways that | 4 |
| form a part of the State
highway system in serviceable | 5 |
| condition for vehicular traffic.
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| (ii) A person employed on a full-time basis by the | 7 |
| Illinois
State Toll Highway Authority in the position | 8 |
| of
equipment operator/laborer H-4,
equipment | 9 |
| operator/laborer H-6,
welder H-4,
welder H-6,
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| mechanical/electrical H-4,
mechanical/electrical H-6,
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| water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 12 |
| H-4,
sign maker/hanger H-6,
roadway lighting H-4,
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| roadway lighting H-6,
structural H-4,
structural H-6,
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| painter H-4, or
painter H-6; and
whose principal | 15 |
| responsibility is to perform, on the roadway, the | 16 |
| actual
maintenance necessary to keep the Authority's | 17 |
| tollways in serviceable condition
for vehicular | 18 |
| traffic.
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| (d) A security employee of the Department of Corrections or | 20 |
| the Department of Juvenile Justice, and a security
employee of | 21 |
| the Department of Human Services who is not a mental health | 22 |
| police
officer, shall not be eligible for the alternative | 23 |
| retirement annuity provided
by this Section unless he or she | 24 |
| meets the following minimum age and service
requirements at the | 25 |
| time of retirement:
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| (i) 25 years of eligible creditable service and age 55; |
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| or
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| (ii) beginning January 1, 1987, 25 years of eligible | 3 |
| creditable service
and age 54, or 24 years of eligible | 4 |
| creditable service and age 55; or
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| (iii) beginning January 1, 1988, 25 years of eligible | 6 |
| creditable service
and age 53, or 23 years of eligible | 7 |
| creditable service and age 55; or
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| (iv) beginning January 1, 1989, 25 years of eligible | 9 |
| creditable service
and age 52, or 22 years of eligible | 10 |
| creditable service and age 55; or
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| (v) beginning January 1, 1990, 25 years of eligible | 12 |
| creditable service
and age 51, or 21 years of eligible | 13 |
| creditable service and age 55; or
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| (vi) beginning January 1, 1991, 25 years of eligible | 15 |
| creditable service
and age 50, or 20 years of eligible | 16 |
| creditable service and age 55.
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| Persons who have service credit under Article 16 of this | 18 |
| Code for service
as a security employee of the Department of | 19 |
| Corrections or the Department of Juvenile Justice, or the | 20 |
| Department
of Human Services in a position requiring | 21 |
| certification as a teacher may
count such service toward | 22 |
| establishing their eligibility under the service
requirements | 23 |
| of this Section; but such service may be used only for
| 24 |
| establishing such eligibility, and not for the purpose of | 25 |
| increasing or
calculating any benefit.
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| (e) If a member enters military service while working in a |
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| position in
which eligible creditable service may be earned, | 2 |
| and returns to State
service in the same or another such | 3 |
| position, and fulfills in all other
respects the conditions | 4 |
| prescribed in this Article for credit for military
service, | 5 |
| such military service shall be credited as eligible creditable
| 6 |
| service for the purposes of the retirement annuity prescribed | 7 |
| in this Section.
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| (f) For purposes of calculating retirement annuities under | 9 |
| this
Section, periods of service rendered after December 31, | 10 |
| 1968 and before
October 1, 1975 as a covered employee in the | 11 |
| position of special agent,
conservation police officer, mental | 12 |
| health police officer, or investigator
for the Secretary of | 13 |
| State, shall be deemed to have been service as a
noncovered | 14 |
| employee, provided that the employee pays to the System prior | 15 |
| to
retirement an amount equal to (1) the difference between the | 16 |
| employee
contributions that would have been required for such | 17 |
| service as a
noncovered employee, and the amount of employee | 18 |
| contributions actually
paid, plus (2) if payment is made after | 19 |
| July 31, 1987, regular interest
on the amount specified in item | 20 |
| (1) from the date of service to the date
of payment.
| 21 |
| For purposes of calculating retirement annuities under | 22 |
| this Section,
periods of service rendered after December 31, | 23 |
| 1968 and before January 1,
1982 as a covered employee in the | 24 |
| position of investigator for the
Department of Revenue shall be | 25 |
| deemed to have been service as a noncovered
employee, provided | 26 |
| that the employee pays to the System prior to retirement
an |
|
|
|
HB0261 Engrossed |
- 17 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| amount equal to (1) the difference between the employee | 2 |
| contributions
that would have been required for such service as | 3 |
| a noncovered employee,
and the amount of employee contributions | 4 |
| actually paid, plus (2) if payment
is made after January 1, | 5 |
| 1990, regular interest on the amount specified in
item (1) from | 6 |
| the date of service to the date of payment.
| 7 |
| (g) A State policeman may elect, not later than January 1, | 8 |
| 1990, to
establish eligible creditable service for up to 10 | 9 |
| years of his service as
a policeman under Article 3, by filing | 10 |
| a written election with the Board,
accompanied by payment of an | 11 |
| amount to be determined by the Board, equal to
(i) the | 12 |
| difference between the amount of employee and employer
| 13 |
| contributions transferred to the System under Section 3-110.5, | 14 |
| and the
amounts that would have been contributed had such | 15 |
| contributions been made
at the rates applicable to State | 16 |
| policemen, plus (ii) interest thereon at
the effective rate for | 17 |
| each year, compounded annually, from the date of
service to the | 18 |
| date of payment.
| 19 |
| Subject to the limitation in subsection (i), a State | 20 |
| policeman may elect,
not later than July 1, 1993, to establish | 21 |
| eligible creditable service for
up to 10 years of his service | 22 |
| as a member of the County Police Department
under Article 9, by | 23 |
| filing a written election with the Board, accompanied
by | 24 |
| payment of an amount to be determined by the Board, equal to | 25 |
| (i) the
difference between the amount of employee and employer | 26 |
| contributions
transferred to the System under Section 9-121.10 |
|
|
|
HB0261 Engrossed |
- 18 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| and the amounts that would
have been contributed had those | 2 |
| contributions been made at the rates
applicable to State | 3 |
| policemen, plus (ii) interest thereon at the effective
rate for | 4 |
| each year, compounded annually, from the date of service to the
| 5 |
| date of payment.
| 6 |
| (h) Subject to the limitation in subsection (i), a State | 7 |
| policeman or
investigator for the Secretary of State may elect | 8 |
| to establish eligible
creditable service for up to 12 years of | 9 |
| his service as a policeman under
Article 5, by filing a written | 10 |
| election with the Board on or before January
31, 1992, and | 11 |
| paying to the System by January 31, 1994 an amount to be
| 12 |
| determined by the Board, equal to (i) the difference between | 13 |
| the amount of
employee and employer contributions transferred | 14 |
| to the System under Section
5-236, and the amounts that would | 15 |
| have been contributed had such
contributions been made at the | 16 |
| rates applicable to State policemen, plus
(ii) interest thereon | 17 |
| at the effective rate for each year, compounded
annually, from | 18 |
| the date of service to the date of payment.
| 19 |
| Subject to the limitation in subsection (i), a State | 20 |
| policeman,
conservation police officer, or investigator for | 21 |
| the Secretary of State may
elect to establish eligible | 22 |
| creditable service for up to 10 years of
service as a sheriff's | 23 |
| law enforcement employee under Article 7, by filing
a written | 24 |
| election with the Board on or before January 31, 1993, and | 25 |
| paying
to the System by January 31, 1994 an amount to be | 26 |
| determined by the Board,
equal to (i) the difference between |
|
|
|
HB0261 Engrossed |
- 19 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| the amount of employee and
employer contributions transferred | 2 |
| to the System under Section
7-139.7, and the amounts that would | 3 |
| have been contributed had such
contributions been made at the | 4 |
| rates applicable to State policemen, plus
(ii) interest thereon | 5 |
| at the effective rate for each year, compounded
annually, from | 6 |
| the date of service to the date of payment.
| 7 |
| Subject to the limitation in subsection (i), a State | 8 |
| policeman,
conservation police officer, or investigator for | 9 |
| the Secretary of State may
elect to establish eligible | 10 |
| creditable service for up to 5 years of
service as a police | 11 |
| officer under Article 3, a policeman under Article 5, a | 12 |
| sheriff's law enforcement employee under Article 7, a member of | 13 |
| the county police department under Article 9, or a police | 14 |
| officer under Article 15 by filing
a written election with the | 15 |
| Board and paying
to the System an amount to be determined by | 16 |
| the Board,
equal to (i) the difference between the amount of | 17 |
| employee and
employer contributions transferred to the System | 18 |
| under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 19 |
| and the amounts that would have been contributed had such
| 20 |
| contributions been made at the rates applicable to State | 21 |
| policemen, plus
(ii) interest thereon at the effective rate for | 22 |
| each year, compounded
annually, from the date of service to the | 23 |
| date of payment. | 24 |
| (i) The total amount of eligible creditable service | 25 |
| established by any
person under subsections (g), (h), (j), (k), | 26 |
| and (l) of this
Section shall not exceed 12 years.
|
|
|
|
HB0261 Engrossed |
- 20 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| (j) Subject to the limitation in subsection (i), an | 2 |
| investigator for
the Office of the State's Attorneys Appellate | 3 |
| Prosecutor or a controlled
substance inspector may elect to
| 4 |
| establish eligible creditable service for up to 10 years of his | 5 |
| service as
a policeman under Article 3 or a sheriff's law | 6 |
| enforcement employee under
Article 7, by filing a written | 7 |
| election with the Board, accompanied by
payment of an amount to | 8 |
| be determined by the Board, equal to (1) the
difference between | 9 |
| the amount of employee and employer contributions
transferred | 10 |
| to the System under Section 3-110.6 or 7-139.8, and the amounts
| 11 |
| that would have been contributed had such contributions been | 12 |
| made at the
rates applicable to State policemen, plus (2) | 13 |
| interest thereon at the
effective rate for each year, | 14 |
| compounded annually, from the date of service
to the date of | 15 |
| payment.
| 16 |
| (k) Subject to the limitation in subsection (i) of this | 17 |
| Section, an
alternative formula employee may elect to establish | 18 |
| eligible creditable
service for periods spent as a full-time | 19 |
| law enforcement officer or full-time
corrections officer | 20 |
| employed by the federal government or by a state or local
| 21 |
| government located outside of Illinois, for which credit is not | 22 |
| held in any
other public employee pension fund or retirement | 23 |
| system. To obtain this
credit, the applicant must file a | 24 |
| written application with the Board by March
31, 1998, | 25 |
| accompanied by evidence of eligibility acceptable to the Board | 26 |
| and
payment of an amount to be determined by the Board, equal |
|
|
|
HB0261 Engrossed |
- 21 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| to (1) employee
contributions for the credit being established, | 2 |
| based upon the applicant's
salary on the first day as an | 3 |
| alternative formula employee after the employment
for which | 4 |
| credit is being established and the rates then applicable to
| 5 |
| alternative formula employees, plus (2) an amount determined by | 6 |
| the Board
to be the employer's normal cost of the benefits | 7 |
| accrued for the credit being
established, plus (3) regular | 8 |
| interest on the amounts in items (1) and (2) from
the first day | 9 |
| as an alternative formula employee after the employment for | 10 |
| which
credit is being established to the date of payment.
| 11 |
| (l) Subject to the limitation in subsection (i), a security | 12 |
| employee of
the Department of Corrections may elect, not later | 13 |
| than July 1, 1998, to
establish eligible creditable service for | 14 |
| up to 10 years of his or her service
as a policeman under | 15 |
| Article 3, by filing a written election with the Board,
| 16 |
| accompanied by payment of an amount to be determined by the | 17 |
| Board, equal to
(i) the difference between the amount of | 18 |
| employee and employer contributions
transferred to the System | 19 |
| under Section 3-110.5, and the amounts that would
have been | 20 |
| contributed had such contributions been made at the rates | 21 |
| applicable
to security employees of the Department of | 22 |
| Corrections, plus (ii) interest
thereon at the effective rate | 23 |
| for each year, compounded annually, from the date
of service to | 24 |
| the date of payment.
| 25 |
| (m) The amendatory changes to this Section made by this | 26 |
| amendatory Act of the 94th General Assembly apply only to: (1) |
|
|
|
HB0261 Engrossed |
- 22 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| security employees of the Department of Juvenile Justice | 2 |
| employed by the Department of Corrections before the effective | 3 |
| date of this amendatory Act of the 94th General Assembly and | 4 |
| transferred to the Department of Juvenile Justice by this | 5 |
| amendatory Act of the 94th General Assembly; and (2) persons | 6 |
| employed by the Department of Juvenile Justice on or after the | 7 |
| effective date of this amendatory Act of the 94th General | 8 |
| Assembly who are required by subsection (b) of Section 3-2.5-15 | 9 |
| of the Unified Code of Corrections to have a bachelor's or | 10 |
| advanced degree from an accredited college or university with a | 11 |
| specialization in criminal justice, education, psychology, | 12 |
| social work, or a closely related social science or, in the | 13 |
| case of persons who provide vocational training, who are | 14 |
| required to have adequate knowledge in the skill for which they | 15 |
| are providing the vocational training.
| 16 |
| (n) A person employed in a position under subsection (b) of | 17 |
| this Section who has purchased service credit under subsection | 18 |
| (j) of Section 14-104 or subsection (b) of Section 14-105 in | 19 |
| any other capacity under this Article may convert up to 5 years | 20 |
| of that service credit into service credit covered under this | 21 |
| Section by paying to the Fund an amount equal to (1) the | 22 |
| additional employee contribution required under Section | 23 |
| 14-133, plus (2) the additional employer contribution required | 24 |
| under Section 14-131, plus (3) interest on items (1) and (2) at | 25 |
| the actuarially assumed rate from the date of the service to | 26 |
| the date of payment. |
|
|
|
HB0261 Engrossed |
- 23 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, | 2 |
| eff. 8-28-07; 95-1036, eff. 2-17-09.)
| 3 |
| (40 ILCS 5/14-152.1)
| 4 |
| Sec. 14-152.1. Application and expiration of new benefit | 5 |
| increases. | 6 |
| (a) As used in this Section, "new benefit increase" means | 7 |
| an increase in the amount of any benefit provided under this | 8 |
| Article, or an expansion of the conditions of eligibility for | 9 |
| any benefit under this Article, that results from an amendment | 10 |
| to this Code that takes effect after June 1, 2005 ( the | 11 |
| effective date of Public Act 94-4)
this amendatory Act of the | 12 |
| 94th General Assembly . "New benefit increase", however, does | 13 |
| not include any benefit increase resulting from the changes | 14 |
| made to this Article by this amendatory Act of the 96th General | 15 |
| Assembly.
| 16 |
| (b) Notwithstanding any other provision of this Code or any | 17 |
| subsequent amendment to this Code, every new benefit increase | 18 |
| is subject to this Section and shall be deemed to be granted | 19 |
| only in conformance with and contingent upon compliance with | 20 |
| the provisions of this Section.
| 21 |
| (c) The Public Act enacting a new benefit increase must | 22 |
| identify and provide for payment to the System of additional | 23 |
| funding at least sufficient to fund the resulting annual | 24 |
| increase in cost to the System as it accrues. | 25 |
| Every new benefit increase is contingent upon the General |
|
|
|
HB0261 Engrossed |
- 24 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| Assembly providing the additional funding required under this | 2 |
| subsection. The Commission on Government Forecasting and | 3 |
| Accountability shall analyze whether adequate additional | 4 |
| funding has been provided for the new benefit increase and | 5 |
| shall report its analysis to the Public Pension Division of the | 6 |
| Department of Financial and Professional Regulation. A new | 7 |
| benefit increase created by a Public Act that does not include | 8 |
| the additional funding required under this subsection is null | 9 |
| and void. If the Public Pension Division determines that the | 10 |
| additional funding provided for a new benefit increase under | 11 |
| this subsection is or has become inadequate, it may so certify | 12 |
| to the Governor and the State Comptroller and, in the absence | 13 |
| of corrective action by the General Assembly, the new benefit | 14 |
| increase shall expire at the end of the fiscal year in which | 15 |
| the certification is made.
| 16 |
| (d) Every new benefit increase shall expire 5 years after | 17 |
| its effective date or on such earlier date as may be specified | 18 |
| in the language enacting the new benefit increase or provided | 19 |
| under subsection (c). This does not prevent the General | 20 |
| Assembly from extending or re-creating a new benefit increase | 21 |
| by law. | 22 |
| (e) Except as otherwise provided in the language creating | 23 |
| the new benefit increase, a new benefit increase that expires | 24 |
| under this Section continues to apply to persons who applied | 25 |
| and qualified for the affected benefit while the new benefit | 26 |
| increase was in effect and to the affected beneficiaries and |
|
|
|
HB0261 Engrossed |
- 25 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| alternate payees of such persons, but does not apply to any | 2 |
| other person, including without limitation a person who | 3 |
| continues in service after the expiration date and did not | 4 |
| apply and qualify for the affected benefit while the new | 5 |
| benefit increase was in effect.
| 6 |
| (Source: P.A. 94-4, eff. 6-1-05.)
| 7 |
| (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| 8 |
| Sec. 18-127. Retirement annuity - suspension on | 9 |
| reemployment.
| 10 |
| (a) A participant receiving a retirement annuity who is | 11 |
| regularly
employed for compensation by an employer other than a | 12 |
| county, in any
capacity, shall have his or her retirement | 13 |
| annuity payments suspended
during such employment. Upon | 14 |
| termination of such employment, retirement
annuity payments at | 15 |
| the previous rate shall be resumed.
| 16 |
| If such a participant resumes service as a judge, he or she
| 17 |
| shall receive credit for any additional service. Upon | 18 |
| subsequent
retirement, his or her retirement annuity shall be | 19 |
| the amount previously
granted, plus the amount earned by the | 20 |
| additional judicial service under
the provisions in effect | 21 |
| during the period of such additional service.
However, if the | 22 |
| participant was receiving the maximum rate of annuity at
the | 23 |
| time of re-employment, he or she may elect, in a written | 24 |
| direction
filed with the board, not to receive any additional | 25 |
| service credit during
the period of re-employment. In such |
|
|
|
HB0261 Engrossed |
- 26 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| case, contributions shall not be
required during the period of | 2 |
| re-employment. Any such election shall be
irrevocable.
| 3 |
| (b) Beginning January 1, 1991, any participant receiving a | 4 |
| retirement
annuity who accepts temporary employment from an | 5 |
| employer other than a
county for a period not exceeding 75 | 6 |
| working days in any calendar year
shall not be deemed to be | 7 |
| regularly employed for compensation or to have
resumed service | 8 |
| as a judge for the purposes of this Article. A day shall
be | 9 |
| considered a working day if the annuitant performs on it any of | 10 |
| his
duties under the temporary employment agreement.
| 11 |
| (c) Except as provided in subsection (a), beginning January | 12 |
| 1, 1993,
retirement annuities shall not be subject to | 13 |
| suspension upon resumption of
employment for an employer, and | 14 |
| any retirement annuity that is then so
suspended shall be | 15 |
| reinstated on that date.
| 16 |
| (d) The changes made in this Section by this amendatory Act | 17 |
| of 1993
shall apply to judges no longer in service on its | 18 |
| effective date, as well as to
judges serving on or after that | 19 |
| date.
| 20 |
| (e) A participant receiving a retirement
annuity under this | 21 |
| Article who (i) serves as a part-time employee in any of the | 22 |
| following positions: Legislative Inspector General, Special | 23 |
| Legislative Inspector General, employee of the Office of the | 24 |
| Legislative Inspector General, Executive Director of the | 25 |
| Legislative Ethics Commission, or staff of the Legislative | 26 |
| Ethics Commission or (ii), on January 1, 2007, is serving on |
|
|
|
HB0261 Engrossed |
- 27 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| the Illinois Gaming Board , but has not elected to participate | 2 |
| in the Article 14 System with respect to that service, shall | 3 |
| not be deemed to be regularly employed for compensation by an | 4 |
| employer other than a county, nor to have
resumed service as a | 5 |
| judge, on the basis of that service, and the retirement annuity | 6 |
| payments and other benefits of that person under this Code | 7 |
| shall not be suspended, diminished, or otherwise impaired | 8 |
| solely as a consequence of that service. This subsection (e) | 9 |
| applies without regard to whether the person is in service as a | 10 |
| judge under this Article on or after the effective date of this | 11 |
| amendatory Act of the 93rd General Assembly. In this | 12 |
| subsection, a "part-time employee" is a person who is not | 13 |
| required to work at least 35 hours per week.
The changes made | 14 |
| to this subsection (e) by this amendatory Act of the 96th | 15 |
| General Assembly apply without regard to whether the person is | 16 |
| in service as a judge under this Article on or after the | 17 |
| effective date of this amendatory Act of the 96th General | 18 |
| Assembly.
| 19 |
| (f) A participant receiving a retirement annuity under this | 20 |
| Article who has made an election under Section 1-123 and who is | 21 |
| serving either as legal counsel in the Office of the Governor | 22 |
| or as Chief Deputy Attorney General shall not be deemed to be | 23 |
| regularly employed for compensation by an employer other than a | 24 |
| county, nor to have resumed service as a judge, on the basis of | 25 |
| that service, and the retirement annuity payments and other | 26 |
| benefits of that person under this Code shall not be suspended, |
|
|
|
HB0261 Engrossed |
- 28 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| diminished, or otherwise impaired solely as a consequence of | 2 |
| that service. This subsection (f) applies without regard to | 3 |
| whether the person is in service as a judge under this Article | 4 |
| on or after the effective date of this amendatory Act of the | 5 |
| 93rd General Assembly.
| 6 |
| (Source: P.A. 93-685, eff. 7-8-04; 93-1069, eff. 1-15-05.)
| 7 |
| (40 ILCS 5/18-169)
| 8 |
| Sec. 18-169. Application and expiration of new benefit | 9 |
| increases. | 10 |
| (a) As used in this Section, "new benefit increase" means | 11 |
| an increase in the amount of any benefit provided under this | 12 |
| Article, or an expansion of the conditions of eligibility for | 13 |
| any benefit under this Article, that results from an amendment | 14 |
| to this Code that takes effect after June 1, 2005 ( the | 15 |
| effective date Public Act 94-4)
of this amendatory Act of the | 16 |
| 94th General Assembly . "New benefit increase", however, does | 17 |
| not include any benefit increase resulting from the changes | 18 |
| made to this Article by this amendatory Act of the 96th General | 19 |
| Assembly. | 20 |
| (b) Notwithstanding any other provision of this Code or any | 21 |
| subsequent amendment to this Code, every new benefit increase | 22 |
| is subject to this Section and shall be deemed to be granted | 23 |
| only in conformance with and contingent upon compliance with | 24 |
| the provisions of this Section.
| 25 |
| (c) The Public Act enacting a new benefit increase must |
|
|
|
HB0261 Engrossed |
- 29 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| identify and provide for payment to the System of additional | 2 |
| funding at least sufficient to fund the resulting annual | 3 |
| increase in cost to the System as it accrues. | 4 |
| Every new benefit increase is contingent upon the General | 5 |
| Assembly providing the additional funding required under this | 6 |
| subsection. The Commission on Government Forecasting and | 7 |
| Accountability shall analyze whether adequate additional | 8 |
| funding has been provided for the new benefit increase and | 9 |
| shall report its analysis to the Public Pension Division of the | 10 |
| Department of Financial and Professional Regulation. A new | 11 |
| benefit increase created by a Public Act that does not include | 12 |
| the additional funding required under this subsection is null | 13 |
| and void. If the Public Pension Division determines that the | 14 |
| additional funding provided for a new benefit increase under | 15 |
| this subsection is or has become inadequate, it may so certify | 16 |
| to the Governor and the State Comptroller and, in the absence | 17 |
| of corrective action by the General Assembly, the new benefit | 18 |
| increase shall expire at the end of the fiscal year in which | 19 |
| the certification is made.
| 20 |
| (d) Every new benefit increase shall expire 5 years after | 21 |
| its effective date or on such earlier date as may be specified | 22 |
| in the language enacting the new benefit increase or provided | 23 |
| under subsection (c). This does not prevent the General | 24 |
| Assembly from extending or re-creating a new benefit increase | 25 |
| by law. | 26 |
| (e) Except as otherwise provided in the language creating |
|
|
|
HB0261 Engrossed |
- 30 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| the new benefit increase, a new benefit increase that expires | 2 |
| under this Section continues to apply to persons who applied | 3 |
| and qualified for the affected benefit while the new benefit | 4 |
| increase was in effect and to the affected beneficiaries and | 5 |
| alternate payees of such persons, but does not apply to any | 6 |
| other person, including without limitation a person who | 7 |
| continues in service after the expiration date and did not | 8 |
| apply and qualify for the affected benefit while the new | 9 |
| benefit increase was in effect.
| 10 |
| (Source: P.A. 94-4, eff. 6-1-05.)
| 11 |
| Section 25. The Riverboat Gambling Act is amended by | 12 |
| changing Sections 4, 5, 5.1, 6, 7, 9, 11, 12, 13, 15, and 18 and | 13 |
| by adding Section 5.2 as follows:
| 14 |
| (230 ILCS 10/4) (from Ch. 120, par. 2404)
| 15 |
| Sec. 4. Definitions. As used in this Act:
| 16 |
| (a) "Board" means the Illinois Gaming Board.
| 17 |
| (b) "Occupational license" means a license issued by the | 18 |
| Board to a
person or entity to perform an occupation which the | 19 |
| Board has identified as
requiring a license to engage in | 20 |
| riverboat gambling in Illinois.
| 21 |
| (c) "Gambling game" includes, but is not limited to, | 22 |
| baccarat,
twenty-one, poker, craps, slot machine, video game of | 23 |
| chance, roulette
wheel, klondike table, punchboard, faro | 24 |
| layout, keno layout, numbers
ticket, push card, jar ticket, or |
|
|
|
HB0261 Engrossed |
- 31 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| pull tab which is authorized by the Board
as a wagering device | 2 |
| under this Act.
| 3 |
| (d) "Riverboat" means a self-propelled excursion boat, a
| 4 |
| permanently moored barge, or permanently moored barges that are | 5 |
| permanently
fixed together to operate as one vessel, on which | 6 |
| lawful gambling is
authorized and licensed as
provided in this | 7 |
| Act.
| 8 |
| (e) "Managers license" means a license issued by the Board | 9 |
| to a person or
entity
to manage gambling operations conducted | 10 |
| by the State pursuant to Section 7.3.
| 11 |
| (f) "Dock" means the location where a riverboat moors for | 12 |
| the purpose of
embarking passengers for and disembarking | 13 |
| passengers from the riverboat.
| 14 |
| (g) "Gross receipts" means the total amount of money | 15 |
| exchanged for the
purchase of chips, tokens or electronic cards | 16 |
| by riverboat patrons.
| 17 |
| (h) "Adjusted gross receipts" means the gross receipts less
| 18 |
| winnings paid to wagerers.
| 19 |
| (i) "Cheat" means to alter the selection of criteria which | 20 |
| determine the
result of a gambling game or the amount or | 21 |
| frequency of payment in a gambling
game.
| 22 |
| (j) (Blank) "Department" means the Department of Revenue .
| 23 |
| (k) "Gambling operation" means the conduct of authorized | 24 |
| gambling games
upon a riverboat.
| 25 |
| (l) "License bid" means the lump sum amount of money that | 26 |
| an applicant
bids and agrees to pay the State in return for an |
|
|
|
HB0261 Engrossed |
- 32 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| owners license that is
re-issued on or after July 1, 2003.
| 2 |
| (m) The terms "minority person" , and "female" , and "person | 3 |
| with a disability" shall have the same meaning
as
defined in
| 4 |
| Section 2 of the Business Enterprise for Minorities, Females, | 5 |
| and Persons with
Disabilities Act.
| 6 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 7 |
| (230 ILCS 10/5) (from Ch. 120, par. 2405)
| 8 |
| Sec. 5. Gaming Board.
| 9 |
| (a) (1) There is hereby established the
within the | 10 |
| Department of Revenue an
Illinois Gaming Board , which shall | 11 |
| have the powers and duties specified in
this Act, and all other | 12 |
| powers necessary and proper to fully and
effectively execute | 13 |
| this Act for the purpose of administering, regulating,
and | 14 |
| enforcing the system of riverboat gambling established by this | 15 |
| Act. Its
jurisdiction shall extend under this Act to every | 16 |
| person, association,
corporation, partnership and trust | 17 |
| involved in riverboat gambling
operations in the State of | 18 |
| Illinois.
| 19 |
| (2) The Board shall consist of 5 members to be appointed by | 20 |
| the Governor
with the advice and consent of the Senate, one of | 21 |
| whom shall be designated
by the Governor to be chairman. Each | 22 |
| member shall have a reasonable
knowledge of the practice, | 23 |
| procedure and principles of gambling operations.
Each member | 24 |
| shall either be a resident of Illinois or shall certify that he
| 25 |
| will become a resident of Illinois before taking office. At |
|
|
|
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|
| 1 |
| least one member
shall be experienced in law enforcement and | 2 |
| criminal investigation, at
least one member shall be a | 3 |
| certified public accountant experienced in
accounting and | 4 |
| auditing, and at least one member shall be a lawyer licensed
to | 5 |
| practice law in Illinois.
| 6 |
| (3) The terms of office of the Board members shall be 3 | 7 |
| years, except
that the terms of office of the initial Board | 8 |
| members appointed pursuant to
this Act will commence from the | 9 |
| effective date of this Act and run as
follows: one for a term | 10 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 11 |
| a term ending July 1, 1993. Upon the expiration of the
| 12 |
| foregoing terms, the successors of such members shall serve a | 13 |
| term for 3
years and until their successors are appointed and | 14 |
| qualified for like terms.
Vacancies in the Board shall be | 15 |
| filled for the unexpired term in like
manner as original | 16 |
| appointments. Each member of the Board shall be
eligible for | 17 |
| reappointment at the discretion of the Governor with the
advice | 18 |
| and consent of the Senate.
| 19 |
| (4)
The chairman of the Board shall receive an annual | 20 |
| salary of $80,000, or as set by the Compensation Review Board, | 21 |
| whichever is higher. Other members of the Board shall receive | 22 |
| an annual salary of $55,000, or as set by the Compensation | 23 |
| Review Board, whichever is higher.
Each member of the Board | 24 |
| shall receive $300 for each day the
Board meets and for each | 25 |
| day the member conducts any hearing pursuant to
this Act. Each | 26 |
| member of the Board shall also be reimbursed for all actual
and |
|
|
|
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| 1 |
| necessary expenses and disbursements incurred in the execution | 2 |
| of official
duties.
| 3 |
| (5) No person shall be appointed a member of the Board or | 4 |
| continue to be
a member of the Board who is, or whose spouse, | 5 |
| child or parent is, a member
of the board of directors of, or a | 6 |
| person financially interested in, any
gambling operation | 7 |
| subject to the jurisdiction of this Board, or any race
track, | 8 |
| race meeting, racing association or the operations thereof | 9 |
| subject
to the jurisdiction of the Illinois Racing Board. No | 10 |
| Board member shall
hold any other public office for which he | 11 |
| shall receive compensation other
than necessary travel or other | 12 |
| incidental expenses . No person shall be a
member of the Board | 13 |
| who is not of good moral character or who has been
convicted | 14 |
| of, or is under indictment for, a felony under the laws of
| 15 |
| Illinois or any other state, or the United States.
| 16 |
| (5.5) No member of the Board shall engage in any political | 17 |
| activity. For the purposes of this Section, "political" means | 18 |
| any activity in support
of or in connection with any campaign | 19 |
| for federal, State, or local elective office or any political
| 20 |
| organization, but does not include activities (i) relating to | 21 |
| the support or
opposition of any executive, legislative, or | 22 |
| administrative action (as those
terms are defined in Section 2 | 23 |
| of the Lobbyist Registration Act), (ii) relating
to collective | 24 |
| bargaining, or (iii) that are
otherwise
in furtherance of the | 25 |
| person's official
State duties or governmental and public | 26 |
| service functions.
|
|
|
|
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| 1 |
| (6) Any member of the Board may be removed by the Governor | 2 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 3 |
| in office or for engaging in any political activity .
| 4 |
| (7) Before entering upon the discharge of the duties of his | 5 |
| office, each
member of the Board shall take an oath that he | 6 |
| will faithfully execute the
duties of his office according to | 7 |
| the laws of the State and the rules and
regulations adopted | 8 |
| therewith and shall give bond to the State of Illinois,
| 9 |
| approved by the Governor, in the sum of $25,000. Every such | 10 |
| bond, when
duly executed and approved, shall be recorded in the | 11 |
| office of the
Secretary of State. Whenever the Governor | 12 |
| determines that the bond of any
member of the Board has become | 13 |
| or is likely to become invalid or
insufficient, he shall | 14 |
| require such member forthwith to renew his bond,
which is to be | 15 |
| approved by the Governor. Any member of the Board who fails
to | 16 |
| take oath and give bond within 30 days from the date of his | 17 |
| appointment,
or who fails to renew his bond within 30 days | 18 |
| after it is demanded by the
Governor, shall be guilty of | 19 |
| neglect of duty and may be removed by the
Governor. The cost of | 20 |
| any bond given by any member of the Board under this
Section | 21 |
| shall be taken to be a part of the necessary expenses of the | 22 |
| Board.
| 23 |
| (8) The
Upon the request of the Board , the Department shall | 24 |
| employ such
personnel as may be necessary to carry out its
the
| 25 |
| functions
and shall determine the salaries of all personnel, | 26 |
| except those personnel whose salaries are determined under the |
|
|
|
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| 1 |
| terms of a collective bargaining agreement
of the Board . No
| 2 |
| person shall be employed to serve the Board who is, or whose | 3 |
| spouse, parent
or child is, an official of, or has a financial | 4 |
| interest in or financial
relation with, any operator engaged in | 5 |
| gambling operations within this
State or any organization | 6 |
| engaged in conducting horse racing within this
State. Any | 7 |
| employee violating these prohibitions shall be subject to
| 8 |
| termination of employment.
| 9 |
| (9) An Administrator shall perform any and all duties that | 10 |
| the Board
shall assign him. The salary of the Administrator | 11 |
| shall be determined by
the Board and approved by the Director | 12 |
| of the Department and, in addition,
he shall be reimbursed for | 13 |
| all actual and necessary expenses incurred by
him in discharge | 14 |
| of his official duties. The Administrator shall keep
records of | 15 |
| all proceedings of the Board and shall preserve all records,
| 16 |
| books, documents and other papers belonging to the Board or | 17 |
| entrusted to
its care. The Administrator shall devote his full | 18 |
| time to the duties of
the office and shall not hold any other | 19 |
| office or employment.
| 20 |
| (b) The Board shall have general responsibility for the | 21 |
| implementation
of this Act. Its duties include, without | 22 |
| limitation, the following:
| 23 |
| (1) To decide promptly and in reasonable order all | 24 |
| license applications.
Any party aggrieved by an action of | 25 |
| the Board denying, suspending,
revoking, restricting or | 26 |
| refusing to renew a license may request a hearing
before |
|
|
|
HB0261 Engrossed |
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|
| 1 |
| the Board. A request for a hearing must be made to the | 2 |
| Board in
writing within 5 days after service of notice of | 3 |
| the action of the Board.
Notice of the action of the Board | 4 |
| shall be served either by personal
delivery or by certified | 5 |
| mail, postage prepaid, to the aggrieved party.
Notice | 6 |
| served by certified mail shall be deemed complete on the | 7 |
| business
day following the date of such mailing. The Board | 8 |
| shall conduct all
requested hearings promptly and in | 9 |
| reasonable order;
| 10 |
| (2) To conduct all hearings pertaining to civil | 11 |
| violations of this Act
or rules and regulations promulgated | 12 |
| hereunder;
| 13 |
| (3) To promulgate such rules and regulations as in its | 14 |
| judgment may be
necessary to protect or enhance the | 15 |
| credibility and integrity of gambling
operations | 16 |
| authorized by this Act and the regulatory process | 17 |
| hereunder;
| 18 |
| (4) To provide for the establishment and collection of | 19 |
| all license and
registration fees and taxes imposed by this | 20 |
| Act and the rules and
regulations issued pursuant hereto. | 21 |
| All such fees and taxes shall be
deposited into the State | 22 |
| Gaming Fund;
| 23 |
| (5) To provide for the levy and collection of penalties | 24 |
| and fines for the
violation of provisions of this Act and | 25 |
| the rules and regulations
promulgated hereunder. All such | 26 |
| fines and penalties shall be deposited
into the Education |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| Assistance Fund, created by Public Act 86-0018, of the
| 2 |
| State of Illinois;
| 3 |
| (6) To be present through its inspectors and agents any | 4 |
| time gambling
operations are conducted on any riverboat for | 5 |
| the purpose of certifying the
revenue thereof, receiving | 6 |
| complaints from the public, and conducting such
other | 7 |
| investigations into the conduct of the gambling games and | 8 |
| the
maintenance of the equipment as from time to time the | 9 |
| Board may deem
necessary and proper;
| 10 |
| (7) To review and rule upon any complaint by a licensee
| 11 |
| regarding any investigative procedures of the State which | 12 |
| are unnecessarily
disruptive of gambling operations. The | 13 |
| need to inspect and investigate
shall be presumed at all | 14 |
| times. The disruption of a licensee's operations
shall be | 15 |
| proved by clear and convincing evidence, and establish | 16 |
| that: (A)
the procedures had no reasonable law enforcement | 17 |
| purposes, and (B) the
procedures were so disruptive as to | 18 |
| unreasonably inhibit gambling operations;
| 19 |
| (8) To hold at least one meeting each quarter of the | 20 |
| fiscal
year. In addition, special meetings may be called by | 21 |
| the Chairman or any 2
Board members upon 72 hours written | 22 |
| notice to each member. All Board
meetings shall be subject | 23 |
| to the Open Meetings Act. Three members of the
Board shall | 24 |
| constitute a quorum, and 3 votes shall be required for any
| 25 |
| final determination by the Board. The Board shall keep a | 26 |
| complete and
accurate record of all its meetings. A |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| majority of the members of the Board
shall constitute a | 2 |
| quorum for the transaction of any business, for the
| 3 |
| performance of any duty, or for the exercise of any power | 4 |
| which this Act
requires the Board members to transact, | 5 |
| perform or exercise en banc, except
that, upon order of the | 6 |
| Board, one of the Board members or an
administrative law | 7 |
| judge designated by the Board may conduct any hearing
| 8 |
| provided for under this Act or by Board rule and may | 9 |
| recommend findings and
decisions to the Board. The Board | 10 |
| member or administrative law judge
conducting such hearing | 11 |
| shall have all powers and rights granted to the
Board in | 12 |
| this Act. The record made at the time of the hearing shall | 13 |
| be
reviewed by the Board, or a majority thereof, and the | 14 |
| findings and decision
of the majority of the Board shall | 15 |
| constitute the order of the Board in
such case;
| 16 |
| (9) To maintain records which are separate and distinct | 17 |
| from the records
of any other State board or commission. | 18 |
| Such records shall be available
for public inspection and | 19 |
| shall accurately reflect all Board proceedings;
| 20 |
| (10) To file a written annual report with the Governor | 21 |
| on or before
March 1 each year and such additional reports | 22 |
| as the Governor may request.
The annual report shall | 23 |
| include a statement of receipts and disbursements
by the | 24 |
| Board, actions taken by the Board, and any additional | 25 |
| information
and recommendations which the Board may deem | 26 |
| valuable or which the Governor
may request;
|
|
|
|
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LRB096 00228 AMC 10234 b |
|
| 1 |
| (11) (Blank); and
| 2 |
| (12) (Blank); and
To assume responsibility for the | 3 |
| administration and
enforcement of the Bingo License and Tax | 4 |
| Act, the Charitable Games Act, and
the Pull Tabs and Jar | 5 |
| Games Act if such responsibility is delegated to it
by the | 6 |
| Director of Revenue.
| 7 |
| (13) To adopt, by rule, a code of conduct governing | 8 |
| Board members and employees that ensure, to the maximum | 9 |
| extent possible, that persons subject to this Code avoid | 10 |
| situations, relationships, or associations that may | 11 |
| represent or lead to a conflict of interest.
| 12 |
| (c) The Board shall have jurisdiction over and shall | 13 |
| supervise all
gambling operations governed by this Act. The | 14 |
| Board shall have all powers
necessary and proper to fully and | 15 |
| effectively execute the provisions of
this Act, including, but | 16 |
| not limited to, the following:
| 17 |
| (1) To investigate applicants and determine the | 18 |
| eligibility of
applicants for licenses and to select among | 19 |
| competing applicants the
applicants which best serve the | 20 |
| interests of the citizens of Illinois.
| 21 |
| (2) To have jurisdiction and supervision over all | 22 |
| riverboat gambling
operations in this State and all persons | 23 |
| on riverboats where gambling
operations are conducted.
| 24 |
| (3) To promulgate rules and regulations for the purpose | 25 |
| of administering
the provisions of this Act and to | 26 |
| prescribe rules, regulations and
conditions under which |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| all riverboat gambling in the State shall be
conducted. | 2 |
| Such rules and regulations are to provide for the | 3 |
| prevention of
practices detrimental to the public interest | 4 |
| and for the best interests of
riverboat gambling, including | 5 |
| rules and regulations regarding the
inspection of such | 6 |
| riverboats and the review of any permits or licenses
| 7 |
| necessary to operate a riverboat under any laws or | 8 |
| regulations applicable
to riverboats, and to impose | 9 |
| penalties for violations thereof.
| 10 |
| (4) To enter the office, riverboats, facilities, or | 11 |
| other
places of business of a licensee, where evidence of | 12 |
| the compliance or
noncompliance with the provisions of this | 13 |
| Act is likely to be found.
| 14 |
| (5) To investigate alleged violations of this Act or | 15 |
| the
rules of the Board and to take appropriate disciplinary
| 16 |
| action against a licensee or a holder of an occupational | 17 |
| license for a
violation, or institute appropriate legal | 18 |
| action for enforcement, or both.
| 19 |
| (6) To adopt standards for the licensing of all persons | 20 |
| under this Act,
as well as for electronic or mechanical | 21 |
| gambling games, and to establish
fees for such licenses.
| 22 |
| (7) To adopt appropriate standards for all riverboats
| 23 |
| and facilities.
| 24 |
| (8) To require that the records, including financial or | 25 |
| other statements
of any licensee under this Act, shall be | 26 |
| kept in such manner as prescribed
by the Board and that any |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| such licensee involved in the ownership or
management of | 2 |
| gambling operations submit to the Board an annual balance
| 3 |
| sheet and profit and loss statement, list of the | 4 |
| stockholders or other
persons having
a 1% or greater
| 5 |
| beneficial interest in the gambling
activities of each | 6 |
| licensee, and any other information the Board deems
| 7 |
| necessary in order to effectively administer this Act and | 8 |
| all rules,
regulations, orders and final decisions | 9 |
| promulgated under this Act.
| 10 |
| (9) To conduct hearings, issue subpoenas for the | 11 |
| attendance of
witnesses and subpoenas duces tecum for the | 12 |
| production of books, records
and other pertinent documents | 13 |
| in accordance with the Illinois
Administrative Procedure | 14 |
| Act, and to administer oaths and affirmations to
the | 15 |
| witnesses, when, in the judgment of the Board, it is | 16 |
| necessary to
administer or enforce this Act or the Board | 17 |
| rules.
| 18 |
| (10) To prescribe a form to be used by any licensee | 19 |
| involved in the
ownership or management of gambling | 20 |
| operations as an
application for employment for their | 21 |
| employees.
| 22 |
| (11) To revoke or suspend licenses, as the Board may | 23 |
| see fit and in
compliance with applicable laws of the State | 24 |
| regarding administrative
procedures, and to review | 25 |
| applications for the renewal of licenses. The
Board may | 26 |
| suspend an owners license, without notice or hearing upon a
|
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| determination that the safety or health of patrons or | 2 |
| employees is
jeopardized by continuing a riverboat's | 3 |
| operation. The suspension may
remain in effect until the | 4 |
| Board determines that the cause for suspension
has been | 5 |
| abated. The Board may revoke the owners license upon a
| 6 |
| determination that the owner has not made satisfactory | 7 |
| progress toward
abating the hazard.
| 8 |
| (12) To eject or exclude or authorize the ejection or | 9 |
| exclusion of, any
person from riverboat gambling | 10 |
| facilities where such person is in violation
of this Act, | 11 |
| rules and regulations thereunder, or final orders of the
| 12 |
| Board, or where such person's conduct or reputation is such | 13 |
| that his
presence within the riverboat gambling facilities | 14 |
| may, in the opinion of
the Board, call into question the | 15 |
| honesty and integrity of the gambling
operations or | 16 |
| interfere with orderly conduct thereof; provided that the
| 17 |
| propriety of such ejection or exclusion is subject to | 18 |
| subsequent hearing
by the Board.
| 19 |
| (13) To require all licensees of gambling operations to | 20 |
| utilize a
cashless wagering system whereby all players' | 21 |
| money is converted to tokens,
electronic cards, or chips | 22 |
| which shall be used only for wagering in the
gambling | 23 |
| establishment.
| 24 |
| (14) (Blank).
| 25 |
| (15) To suspend, revoke or restrict licenses, to | 26 |
| require the
removal of a licensee or an employee of a |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| licensee for a violation of this
Act or a Board rule or for | 2 |
| engaging in a fraudulent practice, and to
impose civil | 3 |
| penalties of up to $5,000 against individuals and up to
| 4 |
| $10,000 or an amount equal to the daily gross receipts, | 5 |
| whichever is
larger, against licensees for each violation | 6 |
| of any provision of the Act,
any rules adopted by the | 7 |
| Board, any order of the Board or any other action
which, in | 8 |
| the Board's discretion, is a detriment or impediment to | 9 |
| riverboat
gambling operations.
| 10 |
| (16) To hire employees to gather information, conduct | 11 |
| investigations
and carry out any other tasks contemplated | 12 |
| under this Act.
| 13 |
| (17) To establish minimum levels of insurance to be | 14 |
| maintained by
licensees.
| 15 |
| (18) To authorize a licensee to sell or serve alcoholic | 16 |
| liquors, wine or
beer as defined in the Liquor Control Act | 17 |
| of 1934 on board a riverboat
and to have exclusive | 18 |
| authority to establish the hours for sale and
consumption | 19 |
| of alcoholic liquor on board a riverboat, notwithstanding | 20 |
| any
provision of the Liquor Control Act of 1934 or any | 21 |
| local ordinance, and
regardless of whether the riverboat | 22 |
| makes excursions. The
establishment of the hours for sale | 23 |
| and consumption of alcoholic liquor on
board a riverboat is | 24 |
| an exclusive power and function of the State. A home
rule | 25 |
| unit may not establish the hours for sale and consumption | 26 |
| of alcoholic
liquor on board a riverboat. This amendatory |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| Act of 1991 is a denial and
limitation of home rule powers | 2 |
| and functions under subsection (h) of
Section 6 of Article | 3 |
| VII of the Illinois Constitution.
| 4 |
| (19) After consultation with the U.S. Army Corps of | 5 |
| Engineers, to
establish binding emergency orders upon the | 6 |
| concurrence of a majority of
the members of the Board | 7 |
| regarding the navigability of water, relative to
| 8 |
| excursions,
in the event
of extreme weather conditions, | 9 |
| acts of God or other extreme circumstances.
| 10 |
| (20) To delegate the execution of any of its powers | 11 |
| under this Act for
the purpose of administering and | 12 |
| enforcing this Act and its rules and
regulations hereunder.
| 13 |
| (20.5) To approve any contract entered into on its | 14 |
| behalf.
| 15 |
| (20.6) To appoint investigators to conduct | 16 |
| investigations, searches, seizures, arrests, and other | 17 |
| duties imposed under this Act, as deemed necessary by the | 18 |
| Board. These investigators have and may exercise all of the | 19 |
| rights and powers of peace officers, provided that these | 20 |
| powers shall be limited to offenses or violations occurring | 21 |
| or committed on a riverboat or dock, as defined in | 22 |
| subsections (d) and (f) of Section 4, or as otherwise | 23 |
| provided by this Act or any other law. | 24 |
| (20.7) To contract with the Department of State Police | 25 |
| for the use of trained and qualified State police officers | 26 |
| and with the Department of Revenue for the use of trained |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| and qualified Department of Revenue investigators to | 2 |
| conduct investigations, searches, seizures, arrests, and | 3 |
| other duties imposed under this Act and to exercise all of | 4 |
| the rights and powers of peace officers, provided that the | 5 |
| powers of Department of Revenue investigators under this | 6 |
| subdivision (20.7) shall be limited to offenses or | 7 |
| violations occurring or committed on a riverboat or dock, | 8 |
| as defined in subsections (d) and (f) of Section 4, or as | 9 |
| otherwise provided by this Act or any other law. In the | 10 |
| event the Department of State Police or the Department of | 11 |
| Revenue is unable to fill contracted police or | 12 |
| investigative positions, the Board may appoint | 13 |
| investigators to fill those positions pursuant to | 14 |
| subdivision (20.6).
| 15 |
| (21) To take any other action as may be reasonable or | 16 |
| appropriate to
enforce this Act and rules and regulations | 17 |
| hereunder.
| 18 |
| (d) The Board may seek and shall receive the cooperation of | 19 |
| the
Department of State Police in conducting background | 20 |
| investigations of
applicants and in fulfilling its | 21 |
| responsibilities under
this Section. Costs incurred by the | 22 |
| Department of State Police as
a result of such cooperation | 23 |
| shall be paid by the Board in conformance
with the requirements | 24 |
| of Section 2605-400 of the Department of State Police Law
(20 | 25 |
| ILCS 2605/2605-400).
| 26 |
| (e) The Board must authorize to each investigator and to |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| any other
employee of the Board exercising the powers of a | 2 |
| peace officer a distinct badge
that, on its face, (i) clearly | 3 |
| states that the badge is authorized by the Board
and
(ii) | 4 |
| contains a unique identifying number. No other badge shall be | 5 |
| authorized
by the Board.
| 6 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | 7 |
| eff.
1-1-01.)
| 8 |
| (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| 9 |
| Sec. 5.1. Disclosure of records.
| 10 |
| (a) Notwithstanding any applicable statutory provision to | 11 |
| the contrary,
the Board shall, on written request from any | 12 |
| person, provide
information furnished by an applicant or | 13 |
| licensee concerning the applicant
or licensee, his products, | 14 |
| services or gambling enterprises and his
business holdings, as | 15 |
| follows:
| 16 |
| (1) The name, business address and business telephone | 17 |
| number of any
applicant or licensee.
| 18 |
| (2) An identification of any applicant or licensee | 19 |
| including, if an
applicant or licensee is not an | 20 |
| individual, the state of incorporation or
registration, | 21 |
| the corporate officers, and the identity of all | 22 |
| shareholders
or participants. If an applicant or licensee | 23 |
| has a pending registration
statement filed with the | 24 |
| Securities and Exchange Commission, only the names
of those | 25 |
| persons or entities holding interest of 5% or more must be |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| provided.
| 2 |
| (3) An identification of any business, including, if | 3 |
| applicable, the
state of incorporation or registration, in | 4 |
| which an applicant or licensee
or an applicant's or | 5 |
| licensee's spouse or children has an equity interest
of | 6 |
| more than 1%
5% . If an applicant or licensee is a | 7 |
| corporation, partnership
or other business entity, the | 8 |
| applicant or licensee shall identify any
other | 9 |
| corporation, partnership or business entity in which it has | 10 |
| an equity
interest of 1%
5% or more, including, if | 11 |
| applicable, the state of
incorporation or registration. | 12 |
| This information need not be provided by a
corporation, | 13 |
| partnership or other business entity that has a pending
| 14 |
| registration statement filed with the Securities and | 15 |
| Exchange Commission.
| 16 |
| (4) Whether an applicant or licensee has been indicted, | 17 |
| convicted,
pleaded guilty or nolo contendere, or forfeited | 18 |
| bail concerning any
criminal offense under the laws of any | 19 |
| jurisdiction, either felony or
misdemeanor (except for | 20 |
| traffic violations), including the date, the name
and | 21 |
| location of the court, arresting agency and prosecuting | 22 |
| agency, the
case number, the offense, the disposition and | 23 |
| the location and length of
incarceration.
| 24 |
| (5) Whether an applicant or licensee has had any | 25 |
| license or
certificate issued by a licensing authority in | 26 |
| Illinois or any other
jurisdiction denied, restricted, |
|
|
|
HB0261 Engrossed |
- 49 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| suspended, revoked or not renewed and a
statement | 2 |
| describing the facts and circumstances concerning the | 3 |
| denial,
restriction, suspension, revocation or | 4 |
| non-renewal, including the licensing
authority, the date | 5 |
| each such action was taken, and the reason for each
such | 6 |
| action.
| 7 |
| (6) Whether an applicant or licensee has ever filed or | 8 |
| had filed against
it a proceeding in bankruptcy or has ever | 9 |
| been involved in any formal
process to adjust, defer, | 10 |
| suspend or otherwise work out the payment of any
debt | 11 |
| including the date of filing, the name and location of the | 12 |
| court, the
case and number of the disposition.
| 13 |
| (7) Whether an applicant or licensee has filed, or been | 14 |
| served with a
complaint or other notice filed with any | 15 |
| public body, regarding the
delinquency in the payment of, | 16 |
| or a dispute over the filings concerning the
payment of, | 17 |
| any tax required under federal, State or local law, | 18 |
| including
the amount, type of tax, the taxing agency and | 19 |
| time periods involved.
| 20 |
| (8) A statement listing the names and titles of all | 21 |
| public officials
or officers of any unit of government, and | 22 |
| relatives of said
public officials or officers who, | 23 |
| directly or indirectly, own
any financial interest in, have | 24 |
| any beneficial interest in, are the
creditors of or hold | 25 |
| any debt instrument issued by, or hold or have any
interest | 26 |
| in any contractual or service relationship with, an |
|
|
|
HB0261 Engrossed |
- 50 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| applicant
or licensee.
| 2 |
| (9) Whether an applicant or licensee has made, directly | 3 |
| or indirectly,
any political contribution, or any loans, | 4 |
| donations or other payments, to
any candidate or office | 5 |
| holder, within 5 years from the date of filing the
| 6 |
| application, including the amount and the method of | 7 |
| payment.
| 8 |
| (10) The name and business telephone number of the | 9 |
| counsel
representing an applicant or licensee in matters | 10 |
| before the Board.
| 11 |
| (11) A description of any proposed or approved | 12 |
| riverboat
gaming operation, including the type of boat, | 13 |
| home dock location, expected
economic benefit to the | 14 |
| community, anticipated or actual number of
employees, any | 15 |
| statement from an applicant or licensee regarding | 16 |
| compliance
with federal and State affirmative action | 17 |
| guidelines, projected or actual
admissions and projected | 18 |
| or actual adjusted gross gaming receipts.
| 19 |
| (12) A description of the product or service to be | 20 |
| supplied by an
applicant for a supplier's license.
| 21 |
| (b) Notwithstanding any applicable statutory provision to | 22 |
| the contrary,
the Board shall, on written request from any | 23 |
| person, also provide
the following information:
| 24 |
| (1) The amount of the wagering tax and admission tax | 25 |
| paid daily to the
State of Illinois by the holder of an | 26 |
| owner's license.
|
|
|
|
HB0261 Engrossed |
- 51 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| (2) Whenever the Board finds an applicant for an | 2 |
| owner's license
unsuitable for licensing, a copy of the | 3 |
| written letter outlining the
reasons for the denial.
| 4 |
| (3) Whenever the Board has refused to grant leave for | 5 |
| an applicant to
withdraw his application, a copy of the | 6 |
| letter outlining the reasons for
the refusal.
| 7 |
| (c) Subject to the above provisions, the Board shall not | 8 |
| disclose any
information which would be barred by:
| 9 |
| (1) Section 7 of the Freedom of Information Act; or
| 10 |
| (2) The statutes, rules, regulations or | 11 |
| intergovernmental agreements
of any jurisdiction.
| 12 |
| (d) The Board may assess fees for the copying of | 13 |
| information in
accordance with Section 6 of the Freedom of | 14 |
| Information Act.
| 15 |
| (Source: P.A. 87-826.)
| 16 |
| (230 ILCS 10/5.2 new)
| 17 |
| Sec. 5.2. Separation from Department of Revenue. On the | 18 |
| effective date of this amendatory Act of the 96th General | 19 |
| Assembly, all of the powers, duties, assets, liabilities, | 20 |
| employees, contracts, property, records, pending business, and | 21 |
| unexpended appropriations of the Department of Revenue related | 22 |
| to the administration and enforcement of this Act are | 23 |
| transferred to the Illinois Gaming Board. | 24 |
| The status and rights of the transferred employees, and the | 25 |
| rights of the State of Illinois and its agencies, under the |
|
|
|
HB0261 Engrossed |
- 52 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| Personnel Code and applicable collective bargaining agreements | 2 |
| or under any pension, retirement, or annuity plan are not | 3 |
| affected (except as provided in Sections 14-110 and 18-127 of | 4 |
| the Illinois Pension Code) by that transfer or by any other | 5 |
| provision of this amendatory Act of the 96th General Assembly.
| 6 |
| (230 ILCS 10/6) (from Ch. 120, par. 2406)
| 7 |
| Sec. 6. Application for Owners License.
| 8 |
| (a) A qualified person may
apply to the Board for an owners | 9 |
| license to
conduct a riverboat gambling operation as provided | 10 |
| in this Act. The
application shall be made on forms provided by | 11 |
| the Board and shall contain
such information as the Board | 12 |
| prescribes, including but not limited to the
identity of the | 13 |
| riverboat on which such gambling operation is to be
conducted | 14 |
| and the exact location where such riverboat will be docked, a
| 15 |
| certification that the riverboat will be registered under this | 16 |
| Act at all
times during which gambling operations are conducted | 17 |
| on board, detailed
information regarding the ownership and | 18 |
| management of the applicant, and
detailed personal information | 19 |
| regarding the applicant. Any application for an
owners license | 20 |
| to be re-issued on or after June 1, 2003 shall also
include the | 21 |
| applicant's license bid in a form prescribed by the Board.
| 22 |
| Information
provided on the application shall be used as a | 23 |
| basis for a thorough
background investigation which the Board | 24 |
| shall conduct with respect to each
applicant. An incomplete | 25 |
| application shall be cause for denial of a license
by the |
|
|
|
HB0261 Engrossed |
- 53 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| Board.
| 2 |
| (b) Applicants shall submit with their application all | 3 |
| documents,
resolutions, and letters of support from the | 4 |
| governing body that represents
the municipality or county | 5 |
| wherein the licensee will dock.
| 6 |
| (c) Each applicant shall disclose the identity of every | 7 |
| person,
association, trust or corporation having a greater than | 8 |
| 1% direct or
indirect pecuniary interest in the riverboat | 9 |
| gambling operation with
respect to which the license is sought. | 10 |
| If the disclosed entity is a
trust, the application shall | 11 |
| disclose the names and addresses of the
beneficiaries; if a | 12 |
| corporation, the names and
addresses of all stockholders and | 13 |
| directors; if a partnership, the names
and addresses of all | 14 |
| partners, both general and limited.
| 15 |
| (d) An application shall be filed and considered in | 16 |
| accordance with the rules of the Board with the Board by | 17 |
| January 1 of the
year preceding any calendar year for which an | 18 |
| applicant seeks an owners
license; however, applications for an | 19 |
| owners license permitting
operations on January 1, 1991 shall | 20 |
| be filed by July 1, 1990 . An
application fee of $50,000 shall | 21 |
| be paid at the time of filing
to defray the costs associated | 22 |
| with the
background investigation conducted by the Board. If | 23 |
| the costs of the
investigation exceed $50,000, the applicant | 24 |
| shall pay the additional amount
to the Board. If the costs of | 25 |
| the investigation are less than $50,000, the
applicant shall | 26 |
| receive a refund of the remaining amount. All
information, |
|
|
|
HB0261 Engrossed |
- 54 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| records, interviews, reports, statements, memoranda or other
| 2 |
| data supplied to or used by the Board in the course of its | 3 |
| review or
investigation of an application for a license under | 4 |
| this Act shall be
privileged, strictly confidential and shall | 5 |
| be used only for the purpose of
evaluating an applicant. Such | 6 |
| information, records, interviews, reports,
statements, | 7 |
| memoranda or other data shall not be admissible as evidence,
| 8 |
| nor discoverable in any action of any kind in any court or | 9 |
| before any
tribunal, board, agency or person, except for any | 10 |
| action deemed necessary
by the Board.
| 11 |
| (e) The Board shall charge each applicant a fee set by the | 12 |
| Department of
State Police to defray the costs associated with | 13 |
| the search and
classification of fingerprints obtained by the | 14 |
| Board with respect to the
applicant's application. These fees | 15 |
| shall be paid into the State Police
Services Fund.
| 16 |
| (f) The licensed owner shall be the person primarily | 17 |
| responsible for the
boat itself. Only one riverboat gambling | 18 |
| operation may be authorized
by the Board on any riverboat. The | 19 |
| applicant must identify each riverboat
it intends to use and | 20 |
| certify that the riverboat: (1) has the authorized
capacity | 21 |
| required in this Act; (2) is accessible to disabled persons; | 22 |
| and
(3) is fully registered and licensed in accordance
with any | 23 |
| applicable laws.
| 24 |
| (g) A person who knowingly makes a false statement on an | 25 |
| application is
guilty of a Class A misdemeanor.
| 26 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
|
|
|
HB0261 Engrossed |
- 55 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| (230 ILCS 10/7) (from Ch. 120, par. 2407)
| 2 |
| Sec. 7. Owners Licenses.
| 3 |
| (a) The Board shall issue owners licenses to persons, firms | 4 |
| or
corporations which apply for such licenses upon payment to | 5 |
| the Board of the
non-refundable license fee set by the Board, | 6 |
| upon payment of a $25,000
license fee for the first year of | 7 |
| operation and a $5,000 license fee for
each succeeding year and | 8 |
| upon a determination by the Board that the
applicant is | 9 |
| eligible for an owners license pursuant to this Act and the
| 10 |
| rules of the Board. From the effective date of this amendatory | 11 |
| Act of the 95th General Assembly until (i) 3 years after the | 12 |
| effective date of this amendatory Act of the 95th General | 13 |
| Assembly, (ii) the date any organization licensee begins to | 14 |
| operate a slot machine or video game of chance under the | 15 |
| Illinois Horse Racing Act of 1975 or this Act, (iii) the date | 16 |
| that payments begin under subsection (c-5) of Section 13 of the | 17 |
| Act, or (iv) the wagering tax imposed under Section 13 of this | 18 |
| Act is increased by law to reflect a tax rate that is at least | 19 |
| as stringent or more stringent than the tax rate contained in | 20 |
| subsection (a-3) of Section 13, whichever occurs first, as a | 21 |
| condition of licensure and as an alternative source of payment | 22 |
| for those funds payable under subsection (c-5) of Section 13 of | 23 |
| the Riverboat Gambling Act, any owners licensee that holds or | 24 |
| receives its owners license on or after the effective date of | 25 |
| this amendatory Act of the 94th General Assembly, other than an |
|
|
|
HB0261 Engrossed |
- 56 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| owners licensee operating a riverboat with adjusted gross | 2 |
| receipts in calendar year 2004 of less than $200,000,000, must | 3 |
| pay into the Horse Racing Equity Trust Fund, in addition to any | 4 |
| other payments required under this Act, an amount equal to 3% | 5 |
| of the adjusted gross receipts received by the owners licensee. | 6 |
| The payments required under this Section shall be made by the | 7 |
| owners licensee to the State Treasurer no later than 3:00 | 8 |
| o'clock p.m. of the day after the day when the adjusted gross | 9 |
| receipts were received by the owners licensee. A person, firm | 10 |
| or corporation is ineligible to receive
an owners license if:
| 11 |
| (1) the person has been convicted of a felony under the | 12 |
| laws of this
State, any other state, or the United States;
| 13 |
| (2) the person has been convicted of any violation of | 14 |
| Article 28 of the
Criminal Code of 1961, or substantially | 15 |
| similar laws of any other jurisdiction;
| 16 |
| (3) the person has submitted an application for a | 17 |
| license under this
Act which contains false information;
| 18 |
| (4) the person is
a member of the Board;
| 19 |
| (5) a person defined in (1), (2), (3) or (4) is an | 20 |
| officer, director or
managerial employee of the firm or | 21 |
| corporation;
| 22 |
| (6) the firm or corporation employs a person defined in | 23 |
| (1), (2), (3) or
(4) who participates in the management or | 24 |
| operation of gambling operations
authorized under this | 25 |
| Act;
| 26 |
| (7) (blank); or
|
|
|
|
HB0261 Engrossed |
- 57 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| (8) a license of the person, firm or corporation issued | 2 |
| under
this Act, or a license to own or operate gambling | 3 |
| facilities
in any other jurisdiction, has been revoked.
| 4 |
| The Board is expressly prohibited from making changes to | 5 |
| the requirement that licensees make payment into the Horse | 6 |
| Racing Equity Trust Fund without the express authority of the | 7 |
| Illinois General Assembly and making any other rule to | 8 |
| implement or interpret this amendatory Act of the 95th General | 9 |
| Assembly. For the purposes of this paragraph, "rules" is given | 10 |
| the meaning given to that term in Section 1-70 of the Illinois | 11 |
| Administrative Procedure Act. | 12 |
| (b) In determining whether to grant an owners license to an | 13 |
| applicant, the
Board shall consider:
| 14 |
| (1) the character, reputation, experience and | 15 |
| financial integrity of the
applicants and of any other or | 16 |
| separate person that either:
| 17 |
| (A) controls, directly or indirectly, such | 18 |
| applicant, or
| 19 |
| (B) is controlled, directly or indirectly, by such | 20 |
| applicant or by a
person which controls, directly or | 21 |
| indirectly, such applicant;
| 22 |
| (2) the facilities or proposed facilities for the | 23 |
| conduct of riverboat
gambling;
| 24 |
| (3) the highest prospective total revenue to be derived | 25 |
| by the State
from the conduct of riverboat gambling;
| 26 |
| (4) the extent to which the ownership of the applicant |
|
|
|
HB0261 Engrossed |
- 58 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| reflects the
diversity of the State by including minority | 2 |
| persons , and females , and persons with a disability
and the | 3 |
| good faith affirmative action plan of
each applicant to | 4 |
| recruit, train and upgrade minority persons , and females , | 5 |
| and persons with a disability in all employment | 6 |
| classifications;
| 7 |
| (5) the financial ability of the applicant to purchase | 8 |
| and maintain
adequate liability and casualty insurance;
| 9 |
| (6) whether the applicant has adequate capitalization | 10 |
| to provide and
maintain, for the duration of a license, a | 11 |
| riverboat;
| 12 |
| (7) the extent to which the applicant exceeds or meets | 13 |
| other standards
for the issuance of an owners license which | 14 |
| the Board may adopt by rule;
and
| 15 |
| (8) The amount of the applicant's license bid.
| 16 |
| (c) Each owners license shall specify the place where | 17 |
| riverboats shall
operate and dock.
| 18 |
| (d) Each applicant shall submit with his application, on | 19 |
| forms
provided by the Board, 2 sets of his fingerprints.
| 20 |
| (e) The Board may issue up to 10 licenses authorizing the | 21 |
| holders of such
licenses to own riverboats. In the application | 22 |
| for an owners license, the
applicant shall state the dock at | 23 |
| which the riverboat is based and the water
on which the | 24 |
| riverboat will be located. The Board shall issue 5 licenses to
| 25 |
| become effective not earlier than January 1, 1991. Three of | 26 |
| such licenses
shall authorize riverboat gambling on the |
|
|
|
HB0261 Engrossed |
- 59 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| Mississippi River, or, with approval
by the municipality in | 2 |
| which the
riverboat was docked on August 7, 2003 and with Board | 3 |
| approval, be authorized to relocate to a new location,
in a
| 4 |
| municipality that (1) borders on the Mississippi River or is | 5 |
| within 5
miles of the city limits of a municipality that | 6 |
| borders on the Mississippi
River and (2), on August 7, 2003, | 7 |
| had a riverboat conducting riverboat gambling operations | 8 |
| pursuant to
a license issued under this Act; one of which shall | 9 |
| authorize riverboat
gambling from a home dock in the city of | 10 |
| East St. Louis. One other license
shall
authorize riverboat | 11 |
| gambling on
the Illinois River south of Marshall County. The | 12 |
| Board shall issue one
additional license to become effective | 13 |
| not earlier than March 1, 1992, which
shall authorize riverboat | 14 |
| gambling on the Des Plaines River in Will County.
The Board may | 15 |
| issue 4 additional licenses to become effective not
earlier | 16 |
| than
March 1, 1992. In determining the water upon which | 17 |
| riverboats will operate,
the Board shall consider the economic | 18 |
| benefit which riverboat gambling confers
on the State, and | 19 |
| shall seek to assure that all regions of the State share
in the | 20 |
| economic benefits of riverboat gambling.
| 21 |
| In granting all licenses, the Board may give favorable | 22 |
| consideration to
economically depressed areas of the State, to | 23 |
| applicants presenting plans
which provide for significant | 24 |
| economic development over a large geographic
area, and to | 25 |
| applicants who currently operate non-gambling riverboats in
| 26 |
| Illinois.
The Board shall review all applications for owners |
|
|
|
HB0261 Engrossed |
- 60 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| licenses,
and shall inform each applicant of the Board's | 2 |
| decision.
The Board may grant an owners license to an
applicant | 3 |
| that has not submitted the highest license bid, but if it does | 4 |
| not
select the highest bidder, the Board shall issue a written | 5 |
| decision explaining
why another
applicant was selected and | 6 |
| identifying the factors set forth in this Section
that favored | 7 |
| the winning bidder.
| 8 |
| In addition to any other revocation powers granted to the | 9 |
| Board under this
Act,
the Board may revoke the owners license | 10 |
| of a licensee which fails
to begin conducting gambling within | 11 |
| 15 months
of receipt of the
Board's approval of the application | 12 |
| if the Board determines that license
revocation is in the best | 13 |
| interests of the State.
| 14 |
| (f) The first 10 owners licenses issued under this Act | 15 |
| shall permit the
holder to own up to 2 riverboats and equipment | 16 |
| thereon
for a period of 3 years after the effective date of the | 17 |
| license. Holders of
the first 10 owners licenses must pay the | 18 |
| annual license fee for each of
the 3
years during which they | 19 |
| are authorized to own riverboats.
| 20 |
| (g) Upon the termination, expiration, or revocation of each | 21 |
| of the first
10 licenses, which shall be issued for a 3 year | 22 |
| period, all licenses are
renewable annually upon payment of the | 23 |
| fee and a determination by the Board
that the licensee | 24 |
| continues to meet all of the requirements of this Act and the
| 25 |
| Board's rules.
However, for licenses renewed on or after May 1, | 26 |
| 1998, renewal shall be
for a period of 4 years, unless the |
|
|
|
HB0261 Engrossed |
- 61 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| Board sets a shorter period.
| 2 |
| (h) An owners license shall entitle the licensee to own up | 3 |
| to 2
riverboats. A licensee shall limit the number of gambling | 4 |
| participants to
1,200 for any such owners license.
A licensee | 5 |
| may operate both of its riverboats concurrently, provided that | 6 |
| the
total number of gambling participants on both riverboats | 7 |
| does not exceed
1,200. Riverboats licensed to operate on the
| 8 |
| Mississippi River and the Illinois River south of Marshall | 9 |
| County shall
have an authorized capacity of at least 500 | 10 |
| persons. Any other riverboat
licensed under this Act shall have | 11 |
| an authorized capacity of at least 400
persons.
| 12 |
| (i) A licensed owner is authorized to apply to the Board | 13 |
| for and, if
approved therefor, to receive all licenses from the | 14 |
| Board necessary for the
operation of a riverboat, including a | 15 |
| liquor license, a license
to prepare and serve food for human | 16 |
| consumption, and other necessary
licenses. All use, occupation | 17 |
| and excise taxes which apply to the sale of
food and beverages | 18 |
| in this State and all taxes imposed on the sale or use
of | 19 |
| tangible personal property apply to such sales aboard the | 20 |
| riverboat.
| 21 |
| (j) The Board may issue or re-issue a license authorizing a | 22 |
| riverboat to
dock
in a municipality or approve a relocation | 23 |
| under Section 11.2 only if, prior
to the issuance or | 24 |
| re-issuance of
the license or approval, the governing body of | 25 |
| the municipality in which
the riverboat will dock has by a | 26 |
| majority vote approved the docking of
riverboats in the |
|
|
|
HB0261 Engrossed |
- 62 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| municipality. The Board may issue or re-issue a license
| 2 |
| authorizing a
riverboat to dock in areas of a county outside | 3 |
| any municipality or approve a
relocation under Section 11.2 | 4 |
| only if, prior to the issuance or re-issuance
of the license
or | 5 |
| approval, the
governing body of the county has by a majority | 6 |
| vote approved of the docking of
riverboats within such areas.
| 7 |
| (Source: P.A. 94-667, eff. 8-23-05; 94-804, eff. 5-26-06; | 8 |
| 95-1008, eff. 12-15-08.)
| 9 |
| (230 ILCS 10/9) (from Ch. 120, par. 2409)
| 10 |
| Sec. 9. Occupational licenses.
| 11 |
| (a) The Board may issue an occupational license to an | 12 |
| applicant upon the
payment of a non-refundable fee set by the | 13 |
| Board, upon a determination by
the Board that the applicant is | 14 |
| eligible for an occupational license and
upon payment of an | 15 |
| annual license fee in an amount to be established. To
be | 16 |
| eligible for an occupational license, an applicant must:
| 17 |
| (1) be at least 21 years of age if the applicant will | 18 |
| perform any
function involved in gaming by patrons. Any | 19 |
| applicant seeking an
occupational license for a non-gaming | 20 |
| function shall be at least 18 years
of age;
| 21 |
| (2) not have been convicted of a felony offense, a | 22 |
| violation of Article
28 of the Criminal Code of 1961, or a | 23 |
| similar statute of any other
jurisdiction , or a crime | 24 |
| involving dishonesty or moral turpitude ;
| 25 |
| (2.5) not have been convicted of a crime, other than a |
|
|
|
HB0261 Engrossed |
- 63 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| crime described in item (2) of this subsection (a), | 2 |
| involving dishonesty or moral turpitude, except that the | 3 |
| Board may, in its discretion, issue an occupational license | 4 |
| to a person who has been convicted of a crime described in | 5 |
| this item (2.5) more than 10 years prior to his or her | 6 |
| application and has not subsequently been convicted of any | 7 |
| other crime;
| 8 |
| (3) have demonstrated a level of skill or knowledge | 9 |
| which the Board
determines to be necessary in order to | 10 |
| operate gambling aboard a riverboat; and
| 11 |
| (4) have met standards for the holding of an | 12 |
| occupational license as
adopted by rules of the Board. Such | 13 |
| rules shall provide that any person or
entity seeking an | 14 |
| occupational license to manage gambling operations
| 15 |
| hereunder shall be subject to background inquiries and | 16 |
| further requirements
similar to those required of | 17 |
| applicants for an owners license.
Furthermore, such rules | 18 |
| shall provide that each such entity shall be
permitted to | 19 |
| manage gambling operations for only one licensed owner.
| 20 |
| (b) Each application for an occupational license shall be | 21 |
| on forms
prescribed by the Board and shall contain all | 22 |
| information required by the
Board. The applicant shall set | 23 |
| forth in the application: whether he has been
issued prior | 24 |
| gambling related licenses; whether he has been licensed in any
| 25 |
| other state under any other name, and, if so, such name and his | 26 |
| age; and
whether or not a permit or license issued to him in |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| any other state has
been suspended, restricted or revoked, and, | 2 |
| if so, for what period of time.
| 3 |
| (c) Each applicant shall submit with his application, on | 4 |
| forms provided
by the Board, 2 sets of his fingerprints. The | 5 |
| Board shall charge each
applicant a fee set by the Department | 6 |
| of State Police to defray the costs
associated with the search | 7 |
| and classification of fingerprints obtained by
the Board with | 8 |
| respect to the applicant's application. These fees shall be
| 9 |
| paid into the State Police Services Fund.
| 10 |
| (d) The Board may in its discretion refuse an occupational | 11 |
| license to
any person: (1) who is unqualified to perform the | 12 |
| duties required of such
applicant; (2) who fails to disclose or | 13 |
| states falsely any information
called for in the application; | 14 |
| (3) who has been found guilty of a
violation of this Act or | 15 |
| whose prior gambling related license or
application therefor | 16 |
| has been suspended, restricted, revoked or denied for
just | 17 |
| cause in any other state; or (4) for any other just cause.
| 18 |
| (e) The Board may suspend, revoke or restrict any | 19 |
| occupational licensee:
(1) for violation of any provision of | 20 |
| this Act; (2) for violation of any
of the rules and regulations | 21 |
| of the Board; (3) for any cause which, if
known to the Board, | 22 |
| would have disqualified the applicant from receiving
such | 23 |
| license; or (4) for default in the payment of any obligation or | 24 |
| debt
due to the State of Illinois; or (5) for any other just | 25 |
| cause.
| 26 |
| (f) A person who knowingly makes a false statement on an |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| application is
guilty of a Class A misdemeanor.
| 2 |
| (g) Any license issued pursuant to this Section shall be | 3 |
| valid for a
period of one year from the date of issuance.
| 4 |
| (h) Nothing in this Act shall be interpreted to prohibit a | 5 |
| licensed
owner from entering into an agreement with a public | 6 |
| community college or a school approved under the
Private | 7 |
| Business and Vocational Schools Act for the training of any
| 8 |
| occupational licensee. Any training offered by such a school | 9 |
| shall be in
accordance with a written agreement between the | 10 |
| licensed owner and the school.
| 11 |
| (i) Any training provided for occupational licensees may be | 12 |
| conducted
either on the riverboat or at a school with which a | 13 |
| licensed owner has
entered into an agreement pursuant to | 14 |
| subsection (h).
| 15 |
| (Source: P.A. 86-1029; 87-826.)
| 16 |
| (230 ILCS 10/11) (from Ch. 120, par. 2411)
| 17 |
| Sec. 11. Conduct of gambling. Gambling may be conducted by | 18 |
| licensed owners or licensed managers on behalf
of the State | 19 |
| aboard riverboats,
subject to the following standards:
| 20 |
| (1) A licensee may conduct riverboat gambling | 21 |
| authorized under this Act
regardless of whether it conducts | 22 |
| excursion cruises. A licensee may permit
the continuous | 23 |
| ingress and egress of passengers on a riverboat not used | 24 |
| for excursion cruises for the purpose of gambling. | 25 |
| Excursion cruises shall not exceed 4 hours for a round |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| trip. However, the Board may grant express approval for an | 2 |
| extended cruise on a case-by-case basis.
| 3 |
| (2) (Blank).
| 4 |
| (3) Minimum and maximum wagers on games shall be set by | 5 |
| the licensee.
| 6 |
| (4) Agents of the Board and the Department of State | 7 |
| Police may board
and inspect any riverboat at any time for | 8 |
| the purpose of determining
whether this Act is being | 9 |
| complied with. Every riverboat, if under way and
being | 10 |
| hailed by a law enforcement officer or agent of the Board, | 11 |
| must stop
immediately and lay to.
| 12 |
| (5) Employees of the Board shall have the right to be | 13 |
| present on the
riverboat or on adjacent facilities under | 14 |
| the control of the licensee.
| 15 |
| (6) Gambling equipment and supplies customarily used | 16 |
| in conducting
riverboat gambling must be purchased or | 17 |
| leased only from suppliers licensed
for such purpose under | 18 |
| this Act. The Board may approve the transfer, sale, or | 19 |
| lease of gambling equipment and supplies by a licensed | 20 |
| owner from or to an affiliate of the licensed owner as long | 21 |
| as the gambling equipment and supplies were initially | 22 |
| acquired from a supplier licensed in Illinois.
| 23 |
| (7) Persons licensed under this Act shall permit no | 24 |
| form of wagering on
gambling games except as permitted by | 25 |
| this Act.
| 26 |
| (8) Wagers may be received only from a person present |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| on a licensed
riverboat. No person present on a licensed | 2 |
| riverboat shall place
or attempt to place a wager on behalf | 3 |
| of another person who is not present
on the riverboat.
| 4 |
| (9) Wagering shall not be conducted with money or other | 5 |
| negotiable
currency.
| 6 |
| (10) A person under age 21 shall not be permitted on an | 7 |
| area of a
riverboat where gambling is being conducted, | 8 |
| except for a person at least
18 years of age who is an | 9 |
| employee of the riverboat gambling operation. No
employee | 10 |
| under age 21 shall perform any function involved in | 11 |
| gambling by
the patrons. No person under age 21 shall be | 12 |
| permitted to make a wager under
this Act , and any winnings | 13 |
| that are a result of a wager by a person under age 21, | 14 |
| whether or not paid by a licensee, shall be treated as | 15 |
| winnings for the privilege tax purposes, confiscated, and | 16 |
| forfeited to the State and deposited into the Education | 17 |
| Assistance Fund .
| 18 |
| (11) Gambling excursion cruises are permitted only | 19 |
| when the waterway for
which the riverboat is licensed is | 20 |
| navigable, as determined by
the Board in consultation with | 21 |
| the U.S. Army Corps of Engineers.
This paragraph (11) does | 22 |
| not limit the ability of a licensee to conduct
gambling | 23 |
| authorized under this Act when gambling excursion cruises | 24 |
| are not
permitted.
| 25 |
| (12) All tokens, chips or electronic cards used to make | 26 |
| wagers must be
purchased from a licensed owner or manager |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| either aboard a riverboat or at
an onshore
facility which | 2 |
| has been approved by the Board and which is located where
| 3 |
| the riverboat docks. The tokens, chips or electronic cards | 4 |
| may be
purchased by means of an agreement under which the | 5 |
| owner or manager extends
credit to
the patron. Such tokens, | 6 |
| chips or electronic cards may be used
while aboard the | 7 |
| riverboat only for the purpose of making wagers on
gambling | 8 |
| games.
| 9 |
| (13) Notwithstanding any other Section of this Act, in | 10 |
| addition to the
other licenses authorized under this Act, | 11 |
| the Board may issue special event
licenses allowing persons | 12 |
| who are not otherwise licensed to conduct
riverboat | 13 |
| gambling to conduct such gambling on a specified date or | 14 |
| series
of dates. Riverboat gambling under such a license | 15 |
| may take place on a
riverboat not normally used for | 16 |
| riverboat gambling. The Board shall
establish standards, | 17 |
| fees and fines for, and limitations upon, such
licenses, | 18 |
| which may differ from the standards, fees, fines and | 19 |
| limitations
otherwise applicable under this Act. All such | 20 |
| fees shall be deposited into
the State Gaming Fund. All | 21 |
| such fines shall be deposited into the
Education Assistance | 22 |
| Fund, created by Public Act 86-0018, of the State
of | 23 |
| Illinois.
| 24 |
| (14) In addition to the above, gambling must be | 25 |
| conducted in accordance
with all rules adopted by the | 26 |
| Board.
|
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 2 |
| (230 ILCS 10/12) (from Ch. 120, par. 2412)
| 3 |
| Sec. 12. Admission tax; fees.
| 4 |
| (a) A tax is hereby imposed upon admissions to riverboats | 5 |
| operated by
licensed owners authorized pursuant to this Act. | 6 |
| Until July 1, 2002, the
rate is $2 per person admitted. From | 7 |
| July 1, 2002 until
July 1, 2003, the rate is $3 per person | 8 |
| admitted.
From July 1, 2003 until August 23, 2005 ( the | 9 |
| effective date of Public Act 94-673) this amendatory Act of the | 10 |
| 94th General Assembly , for a licensee that admitted 1,000,000 | 11 |
| persons or
fewer in the previous calendar year, the rate is $3 | 12 |
| per person admitted; for a
licensee that admitted more than | 13 |
| 1,000,000 but no more than 2,300,000 persons
in the previous | 14 |
| calendar year, the rate is $4 per person admitted; and for
a | 15 |
| licensee that admitted more than 2,300,000 persons in the | 16 |
| previous calendar
year, the rate is $5 per person admitted.
| 17 |
| Beginning on August 23, 2005( the effective date of Public Act | 18 |
| 94-673) this amendatory Act of the 94th General Assembly , for a | 19 |
| licensee that admitted 1,000,000 persons or
fewer in calendar | 20 |
| year 2004, the rate is $2 per person admitted, and for all | 21 |
| other
licensees , including licensees that were not conducting | 22 |
| gambling operations in 2004, the rate is $3 per person | 23 |
| admitted.
This admission tax is imposed upon the
licensed owner | 24 |
| conducting gambling.
| 25 |
| (1) The admission tax shall be paid for each admission, |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| except that a person who exits a riverboat gambling | 2 |
| facility and reenters that riverboat gambling facility | 3 |
| within the same gaming day shall be subject only to the | 4 |
| initial admission tax.
| 5 |
| (2) (Blank).
| 6 |
| (3) The riverboat licensee may issue tax-free passes to
| 7 |
| actual and necessary officials and employees of the | 8 |
| licensee or other
persons actually working on the | 9 |
| riverboat.
| 10 |
| (4) The number and issuance of tax-free passes is | 11 |
| subject to the rules
of the Board, and a list of all | 12 |
| persons to whom the tax-free passes are
issued shall be | 13 |
| filed with the Board.
| 14 |
| (a-5) A fee is hereby imposed upon admissions operated by | 15 |
| licensed
managers on behalf of the State pursuant to Section | 16 |
| 7.3 at the rates provided
in
this subsection (a-5). For a | 17 |
| licensee that
admitted 1,000,000 persons or fewer in the | 18 |
| previous calendar year, the rate is
$3 per person admitted; for | 19 |
| a licensee that admitted more than 1,000,000 but no
more than | 20 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 | 21 |
| per person admitted; and for
a licensee that admitted more than | 22 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 | 23 |
| per person admitted.
| 24 |
| (1) The admission fee shall be paid for each admission.
| 25 |
| (2) (Blank).
| 26 |
| (3) The licensed manager may issue fee-free passes to |
|
|
|
HB0261 Engrossed |
- 71 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| actual and necessary
officials and employees of the manager | 2 |
| or other persons actually working on the
riverboat.
| 3 |
| (4) The number and issuance of fee-free passes is | 4 |
| subject to the rules
of the Board, and a list of all | 5 |
| persons to whom the fee-free passes are
issued shall be | 6 |
| filed with the Board.
| 7 |
| (b) From the tax imposed under subsection (a) and the fee | 8 |
| imposed under
subsection (a-5), a municipality shall receive | 9 |
| from the State $1 for each
person embarking on a riverboat | 10 |
| docked within the municipality, and a county
shall receive $1 | 11 |
| for each person embarking on a riverboat docked within the
| 12 |
| county but outside the boundaries of any municipality. The | 13 |
| municipality's or
county's share shall be collected by the | 14 |
| Board on behalf of the State and
remitted quarterly by the | 15 |
| State, subject to appropriation, to the treasurer of
the unit | 16 |
| of local government for deposit in the general fund.
| 17 |
| (c) The licensed owner shall pay the entire admission tax | 18 |
| to the Board and
the licensed manager shall pay the entire | 19 |
| admission fee to the Board.
Such payments shall be made daily. | 20 |
| Accompanying each payment shall be a
return on forms provided | 21 |
| by the Board which shall include other
information regarding | 22 |
| admissions as the Board may require. Failure to
submit either | 23 |
| the payment or the return within the specified time may
result | 24 |
| in suspension or revocation of the owners or managers license.
| 25 |
| (d) The Board shall administer and collect the admission | 26 |
| tax imposed by
this Section, to the extent practicable, in a |
|
|
|
HB0261 Engrossed |
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LRB096 00228 AMC 10234 b |
|
| 1 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 2 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | 3 |
| Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | 4 |
| Penalty and Interest Act.
| 5 |
| (Source: P.A. 94-673, eff. 8-23-05; 95-663, eff. 10-11-07.)
| 6 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 7 |
| Sec. 13. Wagering tax; rate; distribution.
| 8 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 9 |
| gross
receipts received from gambling games authorized under | 10 |
| this Act at the rate of
20%.
| 11 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 12 |
| tax is
imposed on persons engaged in the business of conducting | 13 |
| riverboat gambling
operations, based on the adjusted gross | 14 |
| receipts received by a licensed owner
from gambling games | 15 |
| authorized under this Act at the following rates:
| 16 |
| 15% of annual adjusted gross receipts up to and | 17 |
| including $25,000,000;
| 18 |
| 20% of annual adjusted gross receipts in excess of | 19 |
| $25,000,000 but not
exceeding $50,000,000;
| 20 |
| 25% of annual adjusted gross receipts in excess of | 21 |
| $50,000,000 but not
exceeding $75,000,000;
| 22 |
| 30% of annual adjusted gross receipts in excess of | 23 |
| $75,000,000 but not
exceeding $100,000,000;
| 24 |
| 35% of annual adjusted gross receipts in excess of | 25 |
| $100,000,000.
|
|
|
|
HB0261 Engrossed |
- 73 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 2 |
| is imposed on
persons engaged in the business of conducting | 3 |
| riverboat gambling operations,
other than licensed managers | 4 |
| conducting riverboat gambling operations on behalf
of the | 5 |
| State, based on the adjusted gross receipts received by a | 6 |
| licensed
owner from gambling games authorized under this Act at | 7 |
| the following rates:
| 8 |
| 15% of annual adjusted gross receipts up to and | 9 |
| including $25,000,000;
| 10 |
| 22.5% of annual adjusted gross receipts in excess of | 11 |
| $25,000,000 but not
exceeding $50,000,000;
| 12 |
| 27.5% of annual adjusted gross receipts in excess of | 13 |
| $50,000,000 but not
exceeding $75,000,000;
| 14 |
| 32.5% of annual adjusted gross receipts in excess of | 15 |
| $75,000,000 but not
exceeding $100,000,000;
| 16 |
| 37.5% of annual adjusted gross receipts in excess of | 17 |
| $100,000,000 but not
exceeding $150,000,000;
| 18 |
| 45% of annual adjusted gross receipts in excess of | 19 |
| $150,000,000 but not
exceeding $200,000,000;
| 20 |
| 50% of annual adjusted gross receipts in excess of | 21 |
| $200,000,000.
| 22 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 23 |
| persons engaged
in the business of conducting riverboat | 24 |
| gambling operations, other than
licensed managers conducting | 25 |
| riverboat gambling operations on behalf of the
State, based on | 26 |
| the adjusted gross receipts received by a licensed owner from
|
|
|
|
HB0261 Engrossed |
- 74 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| gambling games authorized under this Act at the following | 2 |
| rates:
| 3 |
| 15% of annual adjusted gross receipts up to and | 4 |
| including $25,000,000;
| 5 |
| 27.5% of annual adjusted gross receipts in excess of | 6 |
| $25,000,000 but not
exceeding $37,500,000;
| 7 |
| 32.5% of annual adjusted gross receipts in excess of | 8 |
| $37,500,000 but not
exceeding $50,000,000;
| 9 |
| 37.5% of annual adjusted gross receipts in excess of | 10 |
| $50,000,000 but not
exceeding $75,000,000;
| 11 |
| 45% of annual adjusted gross receipts in excess of | 12 |
| $75,000,000 but not
exceeding $100,000,000;
| 13 |
| 50% of annual adjusted gross receipts in excess of | 14 |
| $100,000,000 but not
exceeding $250,000,000;
| 15 |
| 70% of annual adjusted gross receipts in excess of | 16 |
| $250,000,000.
| 17 |
| An amount equal to the amount of wagering taxes collected | 18 |
| under this
subsection (a-3) that are in addition to the amount | 19 |
| of wagering taxes that
would have been collected if the | 20 |
| wagering tax rates under subsection (a-2)
were in effect shall | 21 |
| be paid into the Common School Fund.
| 22 |
| The privilege tax imposed under this subsection (a-3) shall | 23 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 24 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat | 25 |
| gambling operations are conducted
pursuant to a dormant | 26 |
| license; or (iii) the first day that riverboat gambling
|
|
|
|
HB0261 Engrossed |
- 75 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| operations are conducted under the authority of an owners | 2 |
| license that is in
addition to the 10 owners licenses initially | 3 |
| authorized under this Act.
For the purposes of this subsection | 4 |
| (a-3), the term "dormant license"
means an owners license that | 5 |
| is authorized by this Act under which no
riverboat gambling | 6 |
| operations are being conducted on June 20, 2003.
| 7 |
| (a-4) Beginning on the first day on which the tax imposed | 8 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 9 |
| imposed on persons
engaged in the business of conducting | 10 |
| riverboat gambling operations, other
than licensed managers | 11 |
| conducting riverboat gambling operations on behalf of
the | 12 |
| State, based on the adjusted gross receipts received by a | 13 |
| licensed owner
from gambling games authorized under this Act at | 14 |
| the following rates:
| 15 |
| 15% of annual adjusted gross receipts up to and | 16 |
| including $25,000,000;
| 17 |
| 22.5% of annual adjusted gross receipts in excess of | 18 |
| $25,000,000 but not
exceeding $50,000,000;
| 19 |
| 27.5% of annual adjusted gross receipts in excess of | 20 |
| $50,000,000 but not
exceeding $75,000,000;
| 21 |
| 32.5% of annual adjusted gross receipts in excess of | 22 |
| $75,000,000 but not
exceeding $100,000,000;
| 23 |
| 37.5% of annual adjusted gross receipts in excess of | 24 |
| $100,000,000 but not
exceeding $150,000,000;
| 25 |
| 45% of annual adjusted gross receipts in excess of | 26 |
| $150,000,000 but not
exceeding $200,000,000;
|
|
|
|
HB0261 Engrossed |
- 76 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| 50% of annual adjusted gross receipts in excess of | 2 |
| $200,000,000.
| 3 |
| (a-8) Riverboat gambling operations conducted by a | 4 |
| licensed manager on
behalf of the State are not subject to the | 5 |
| tax imposed under this Section.
| 6 |
| (a-10) The taxes imposed by this Section shall be paid by | 7 |
| the licensed
owner to the Board not later than 5:00 3:00 | 8 |
| o'clock p.m. of the day after the day
when the wagers were | 9 |
| made.
| 10 |
| (a-15) If the privilege tax imposed under subsection (a-3) | 11 |
| is no longer imposed pursuant to item (i) of the last paragraph | 12 |
| of subsection (a-3), then by June 15 of each year, each owners | 13 |
| licensee, other than an owners licensee that admitted 1,000,000 | 14 |
| persons or
fewer in calendar year 2004, must, in addition to | 15 |
| the payment of all amounts otherwise due under this Section, | 16 |
| pay to the Board a reconciliation payment in the amount, if | 17 |
| any, by which the licensed owner's base amount exceeds the | 18 |
| amount of net privilege tax paid by the licensed owner to the | 19 |
| Board in the then current State fiscal year. A licensed owner's | 20 |
| net privilege tax obligation due for the balance of the State | 21 |
| fiscal year shall be reduced up to the total of the amount paid | 22 |
| by the licensed owner in its June 15 reconciliation payment. | 23 |
| The obligation imposed by this subsection (a-15) is binding on | 24 |
| any person, firm, corporation, or other entity that acquires an | 25 |
| ownership interest in any such owners license. The obligation | 26 |
| imposed under this subsection (a-15) terminates on the earliest |
|
|
|
HB0261 Engrossed |
- 77 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| of: (i) July 1, 2007, (ii) the first day after the effective | 2 |
| date of this amendatory Act of the 94th General Assembly that | 3 |
| riverboat gambling operations are conducted pursuant to a | 4 |
| dormant license, (iii) the first day that riverboat gambling | 5 |
| operations are conducted under the authority of an owners | 6 |
| license that is in addition to the 10 owners licenses initially | 7 |
| authorized under this Act, or (iv) the first day that a | 8 |
| licensee under the Illinois Horse Racing Act of 1975 conducts | 9 |
| gaming operations with slot machines or other electronic gaming | 10 |
| devices. The Board must reduce the obligation imposed under | 11 |
| this subsection (a-15) by an amount the Board deems reasonable | 12 |
| for any of the following reasons: (A) an act or acts of God, | 13 |
| (B) an act of bioterrorism or terrorism or a bioterrorism or | 14 |
| terrorism threat that was investigated by a law enforcement | 15 |
| agency, or (C) a condition beyond the control of the owners | 16 |
| licensee that does not result from any act or omission by the | 17 |
| owners licensee or any of its agents and that poses a hazardous | 18 |
| threat to the health and safety of patrons. If an owners | 19 |
| licensee pays an amount in excess of its liability under this | 20 |
| Section, the Board shall apply the overpayment to future | 21 |
| payments required under this Section. | 22 |
| For purposes of this subsection (a-15): | 23 |
| "Act of God" means an incident caused by the operation of | 24 |
| an extraordinary force that cannot be foreseen, that cannot be | 25 |
| avoided by the exercise of due care, and for which no person | 26 |
| can be held liable.
|
|
|
|
HB0261 Engrossed |
- 78 - |
LRB096 00228 AMC 10234 b |
|
| 1 |
| "Base amount" means the following: | 2 |
| For a riverboat in Alton, $31,000,000.
| 3 |
| For a riverboat in East Peoria, $43,000,000.
| 4 |
| For the Empress riverboat in Joliet, $86,000,000.
| 5 |
| For a riverboat in Metropolis, $45,000,000.
| 6 |
| For the Harrah's riverboat in Joliet, $114,000,000.
| 7 |
| For a riverboat in Aurora, $86,000,000.
| 8 |
| For a riverboat in East St. Louis, $48,500,000.
| 9 |
| For a riverboat in Elgin, $198,000,000.
| 10 |
| "Dormant license" has the meaning ascribed to it in | 11 |
| subsection (a-3).
| 12 |
| "Net privilege tax" means all privilege taxes paid by a | 13 |
| licensed owner to the Board under this Section, less all | 14 |
| payments made from the State Gaming Fund pursuant to subsection | 15 |
| (b) of this Section. | 16 |
| The changes made to this subsection (a-15) by Public Act | 17 |
| 94-839 are intended to restate and clarify the intent of Public | 18 |
| Act 94-673 with respect to the amount of the payments required | 19 |
| to be made under this subsection by an owners licensee to the | 20 |
| Board.
| 21 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited | 22 |
| in the State
Gaming Fund under this Section shall be paid, | 23 |
| subject to appropriation by the
General Assembly, to the unit | 24 |
| of local government which is designated as the
home dock of the | 25 |
| riverboat. Beginning January 1, 1998, from the tax revenue
| 26 |
| deposited in the State Gaming Fund under this Section, an |
|
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| amount equal to 5% of
adjusted gross receipts generated by a | 2 |
| riverboat shall be paid monthly, subject
to appropriation by | 3 |
| the General Assembly, to the unit of local government that
is | 4 |
| designated as the home dock of the riverboat. From the tax | 5 |
| revenue
deposited in the State Gaming Fund pursuant to | 6 |
| riverboat gambling operations
conducted by a licensed manager | 7 |
| on behalf of the State, an amount equal to 5%
of adjusted gross | 8 |
| receipts generated pursuant to those riverboat gambling
| 9 |
| operations shall be paid monthly,
subject to appropriation by | 10 |
| the General Assembly, to the unit of local
government that is | 11 |
| designated as the home dock of the riverboat upon which
those | 12 |
| riverboat gambling operations are conducted.
| 13 |
| (c) Appropriations, as approved by the General Assembly, | 14 |
| may be made
from the State Gaming Fund to the Board (i) | 15 |
| Department of Revenue and the Department
of State Police for | 16 |
| the administration and enforcement of this Act, (ii) for | 17 |
| distribution to the Department of State Police and to the | 18 |
| Department of Revenue for the enforcement of this Act, and | 19 |
| (iii) or to the
Department of Human Services for the | 20 |
| administration of programs to treat
problem gambling.
| 21 |
| (c-5) Before May 26, 2006 (the effective date of Public Act | 22 |
| 94-804) and beginning on the effective date of this amendatory | 23 |
| Act of the 95th General Assembly, unless any organization | 24 |
| licensee under the Illinois Horse Racing Act of 1975 begins to | 25 |
| operate a slot machine or video game of chance under the | 26 |
| Illinois Horse Racing Act of 1975 or this Act, after the |
|
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| payments required under subsections (b) and (c) have been
made, | 2 |
| an amount equal to 15% of the adjusted gross receipts of (1) an | 3 |
| owners
licensee that relocates pursuant to Section 11.2,
(2) an | 4 |
| owners licensee
conducting riverboat gambling operations
| 5 |
| pursuant to an
owners license that is initially issued after | 6 |
| June
25, 1999,
or (3) the first
riverboat gambling operations | 7 |
| conducted by a licensed manager on behalf of the
State under | 8 |
| Section 7.3,
whichever comes first, shall be paid from the | 9 |
| State
Gaming Fund into the Horse Racing Equity Fund.
| 10 |
| (c-10) Each year the General Assembly shall appropriate | 11 |
| from the General
Revenue Fund to the Education Assistance Fund | 12 |
| an amount equal to the amount
paid into the Horse Racing Equity | 13 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 14 |
| (c-15) After the payments required under subsections (b), | 15 |
| (c), and (c-5)
have been made, an amount equal to 2% of the | 16 |
| adjusted gross receipts of (1)
an owners licensee that | 17 |
| relocates pursuant to Section 11.2, (2) an owners
licensee | 18 |
| conducting riverboat gambling operations pursuant to
an
owners | 19 |
| license that is initially issued after June 25, 1999,
or (3) | 20 |
| the first
riverboat gambling operations conducted by a licensed | 21 |
| manager on behalf of the
State under Section 7.3,
whichever | 22 |
| comes first, shall be paid, subject to appropriation
from the | 23 |
| General Assembly, from the State Gaming Fund to each home rule
| 24 |
| county with a population of over 3,000,000 inhabitants for the | 25 |
| purpose of
enhancing the county's criminal justice system.
| 26 |
| (c-20) Each year the General Assembly shall appropriate |
|
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| from the General
Revenue Fund to the Education Assistance Fund | 2 |
| an amount equal to the amount
paid to each home rule county | 3 |
| with a population of over 3,000,000 inhabitants
pursuant to | 4 |
| subsection (c-15) in the prior calendar year.
| 5 |
| (c-25) After the payments required under subsections (b), | 6 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 7 |
| the
adjusted gross receipts of (1) an owners licensee
that
| 8 |
| relocates pursuant to Section 11.2, (2) an
owners
licensee | 9 |
| conducting riverboat gambling operations pursuant to
an
owners | 10 |
| license
that is initially issued after June 25, 1999,
or (3) | 11 |
| the first
riverboat gambling operations conducted by a licensed | 12 |
| manager on behalf of the
State under Section 7.3,
whichever
| 13 |
| comes first,
shall be paid from the State
Gaming Fund to | 14 |
| Chicago State University.
| 15 |
| (d) From time to time, the
Board shall transfer the | 16 |
| remainder of the funds
generated by this Act into the Education
| 17 |
| Assistance Fund, created by Public Act 86-0018, of the State of | 18 |
| Illinois.
| 19 |
| (e) Nothing in this Act shall prohibit the unit of local | 20 |
| government
designated as the home dock of the riverboat from | 21 |
| entering into agreements
with other units of local government | 22 |
| in this State or in other states to
share its portion of the | 23 |
| tax revenue.
| 24 |
| (f) To the extent practicable, the Board shall administer | 25 |
| and collect the
wagering taxes imposed by this Section in a | 26 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
|
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| 1 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 2 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 3 |
| Penalty and Interest Act.
| 4 |
| (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06; | 5 |
| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-1008, eff. | 6 |
| 12-15-08.)
| 7 |
| (230 ILCS 10/15) (from Ch. 120, par. 2415)
| 8 |
| Sec. 15. Audit of Licensee Operations. Annually Within 90 | 9 |
| days after the end
of each quarter of each fiscal year , the | 10 |
| licensed owner or manager shall
transmit to the Board an audit | 11 |
| of the financial transactions
and condition of the licensee's | 12 |
| total operations. Additionally, within 90 days after the end of | 13 |
| each quarter of each fiscal year, the licensed owner or manager | 14 |
| shall transmit to the Board a compliance report on engagement | 15 |
| procedures determined by the Board. All audits and compliance | 16 |
| engagements shall be
conducted by certified public accountants | 17 |
| selected by the Board. Each
certified public accountant must be | 18 |
| registered in the State of
Illinois under the Illinois Public | 19 |
| Accounting Act.
The compensation for each certified public | 20 |
| accountant shall be paid
directly by the licensed owner or | 21 |
| manager to the certified public
accountant.
| 22 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 23 |
| (230 ILCS 10/18) (from Ch. 120, par. 2418)
| 24 |
| Sec. 18. Prohibited Activities - Penalty.
|
|
|
|
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| (a) A person is guilty of a Class A misdemeanor for doing | 2 |
| any of the
following:
| 3 |
| (1) Conducting gambling where wagering
is used or to be | 4 |
| used
without a license issued by the Board.
| 5 |
| (2) Conducting gambling where wagering
is permitted | 6 |
| other
than in the manner specified by Section 11.
| 7 |
| (b) A person is guilty of a Class B misdemeanor for doing | 8 |
| any of the
following:
| 9 |
| (1) permitting a person under 21 years to make a wager; | 10 |
| or
| 11 |
| (2) violating paragraph (12) of subsection (a) of | 12 |
| Section 11 of this Act.
| 13 |
| (c) A person wagering or accepting a wager at any location | 14 |
| outside the
riverboat is subject to the penalties in paragraphs | 15 |
| (1) or (2) of
subsection (a) of Section 28-1 of the Criminal | 16 |
| Code of 1961.
| 17 |
| (d) A person commits a Class 4 felony and, in addition, | 18 |
| shall be barred
for life from riverboats under the jurisdiction | 19 |
| of the
Board, if the person does any of the following:
| 20 |
| (1) Offers, promises, or gives anything of value or | 21 |
| benefit to a person
who is connected with a riverboat owner | 22 |
| including, but
not limited to, an officer or employee of a | 23 |
| licensed owner or holder of an
occupational license | 24 |
| pursuant to an agreement or arrangement or with the
intent | 25 |
| that the promise or thing of value or benefit will | 26 |
| influence the
actions of the person to whom the offer, |
|
|
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| promise, or gift was made in order
to affect or attempt to | 2 |
| affect the outcome of a gambling game, or to
influence | 3 |
| official action of a member of the Board.
| 4 |
| (2) Solicits or knowingly accepts or receives a promise | 5 |
| of anything of
value or benefit while the person is | 6 |
| connected with a riverboat
including, but not limited to, | 7 |
| an officer or employee of a licensed owner,
or holder of an | 8 |
| occupational license, pursuant to an understanding or
| 9 |
| arrangement or with the intent that the promise or thing of | 10 |
| value or
benefit will influence the actions of the person | 11 |
| to affect or attempt to
affect the outcome of a gambling | 12 |
| game, or to influence official action of a
member of the | 13 |
| Board.
| 14 |
| (3) Uses or possesses with the intent to use a device | 15 |
| to assist:
| 16 |
| (i) In projecting the outcome of the game.
| 17 |
| (ii) In keeping track of the cards played.
| 18 |
| (iii) In analyzing the probability of the | 19 |
| occurrence of an event
relating to the gambling game.
| 20 |
| (iv) In analyzing the strategy for playing or | 21 |
| betting to be used in the
game except as permitted by | 22 |
| the Board.
| 23 |
| (4) Cheats at a gambling game.
| 24 |
| (5) Manufactures, sells, or distributes any cards, | 25 |
| chips, dice, game or
device which is intended to be used to | 26 |
| violate any provision of this Act.
|
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|
|
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| 1 |
| (6) Alters or misrepresents the outcome of a gambling | 2 |
| game on which
wagers have been made after the outcome is | 3 |
| made sure but before it is
revealed to the players.
| 4 |
| (7) Places a bet after acquiring knowledge, not | 5 |
| available to all players,
of the outcome of the gambling | 6 |
| game which is subject of the bet or to aid a
person in | 7 |
| acquiring the knowledge for the purpose of placing a bet
| 8 |
| contingent on that outcome.
| 9 |
| (8) Claims, collects, or takes, or attempts to claim, | 10 |
| collect, or take,
money or anything of value in or from the | 11 |
| gambling games, with intent to
defraud, without having made | 12 |
| a wager contingent on winning a gambling game,
or claims, | 13 |
| collects, or takes an amount of money or thing of value of
| 14 |
| greater value than the amount won.
| 15 |
| (9) Uses counterfeit chips or tokens in a gambling | 16 |
| game.
| 17 |
| (10) Possesses any key or device designed for the | 18 |
| purpose of opening,
entering, or affecting the operation of | 19 |
| a gambling game, drop box, or an
electronic or mechanical | 20 |
| device connected with the gambling game or for
removing | 21 |
| coins, tokens, chips or other contents of a gambling game. | 22 |
| This
paragraph (10) does not apply to a gambling licensee | 23 |
| or employee of a
gambling licensee acting in furtherance of | 24 |
| the employee's employment.
| 25 |
| (e) The possession of more than one of the devices | 26 |
| described in
subsection (d), paragraphs (3), (5) , or (10) |
|
|
|
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| 1 |
| permits a rebuttable
presumption that the possessor intended to | 2 |
| use the devices for cheating.
| 3 |
| (f) A person under the age of 21 who, except as authorized | 4 |
| under paragraph (10) of Section 11, enters upon a riverboat | 5 |
| commits a petty offense and is subject to a fine of not less | 6 |
| than $100 or more than $250 for a first offense and of not less | 7 |
| than $200 or more than $500 for a second or subsequent offense. | 8 |
| An action to prosecute any crime occurring on a riverboat
| 9 |
| shall be tried in the county of the dock at which the riverboat | 10 |
| is based.
| 11 |
| (Source: P.A. 91-40, eff. 6-25-99.)
| 12 |
| Section 99. Effective date. This Act takes effect July 1, | 13 |
| 2009. |
|