Bill Text: IL SB0737 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Riverboat Gambling Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2011-01-11 - House Committee Amendment No. 1 Balanced Budget Note Filed as Amended [SB0737 Detail]
Download: Illinois-2009-SB0737-Engrossed.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | ARTICLE 1. | ||||||
5 | Section 1-1. Short title. This Article may be cited as the | ||||||
6 | Chicago Casino Development Authority Act.
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7 | Section 1-5. Definitions.
As used in this Act: | ||||||
8 | "Authority" means the Chicago Casino Development Authority | ||||||
9 | created by this
Act. | ||||||
10 | "Board" means the board appointed pursuant to this Act to | ||||||
11 | govern and control
the Authority.
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12 | "Casino" means one temporary land-based or water-based | ||||||
13 | facility and a permanent land-based or water-based facility, at | ||||||
14 | each of which lawful gambling is authorized
and licensed as | ||||||
15 | provided in the Illinois Gambling Act.
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16 | "City" means the City of Chicago.
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17 | "Casino operator licensee" means any person or entity | ||||||
18 | selected by the Authority and approved and licensed by the | ||||||
19 | Gaming Board to manage and operate a casino within the City of | ||||||
20 | Chicago pursuant to a casino management contract.
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21 | "Casino management contract" means a legally binding
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22 | agreement between the Authority and a casino operator licensee |
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1 | to operate or manage a casino.
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2 | "Executive director" means the person appointed by the | ||||||
3 | Board to oversee the
daily operations of the Authority.
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4 | "Gaming Board" means the Illinois Gaming Board created by | ||||||
5 | the Illinois Gambling Act.
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6 | "Mayor" means the Mayor of the City.
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7 | Section 1-12. Creation of the Authority. There is hereby | ||||||
8 | created a political subdivision, unit of local government with | ||||||
9 | only the powers authorized by law, body politic, and municipal | ||||||
10 | corporation, by the name and style of the Chicago Casino | ||||||
11 | Development Authority.
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12 | Section 1-13. Duties of the Authority. It shall be the duty | ||||||
13 | of the Authority, as a casino licensee under the Illinois | ||||||
14 | Gambling Act, to promote and maintain a casino in the City. The | ||||||
15 | Authority shall construct, equip, and maintain grounds, | ||||||
16 | buildings, and facilities for that purpose. The Authority shall | ||||||
17 | contract with a casino operator licensee to manage and operate | ||||||
18 | the casino and in no event shall the Authority or City manage | ||||||
19 | or operate the casino. The Authority may contract with other | ||||||
20 | third parties in order to fulfill its purpose. The Authority is | ||||||
21 | responsible for the payment of any fees required of a casino | ||||||
22 | operator under subsection (a) of Section 7.8 of the Illinois | ||||||
23 | Gambling Act if the casino operator licensee is late in paying | ||||||
24 | any such fees. The Authority is granted all rights and powers |
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1 | necessary to perform such duties.
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2 | Section 1-15. Board. | ||||||
3 | (a) The governing and administrative powers of the | ||||||
4 | Authority shall be vested
in a body known as the Chicago Casino | ||||||
5 | Development Board. The Board shall
consist of 3 members | ||||||
6 | appointed by the Mayor. All appointees shall be subject to | ||||||
7 | background investigation and approval by the Gaming Board. One | ||||||
8 | of these
members shall be designated
by the Mayor to serve as | ||||||
9 | chairperson.
All of the members
appointed by the Mayor shall be | ||||||
10 | residents of the City.
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11 | (b) Board members shall receive $300 for each day the | ||||||
12 | Authority meets and
shall be entitled to reimbursement of | ||||||
13 | reasonable expenses incurred in the
performance of their | ||||||
14 | official duties. A Board member who serves in the office
of | ||||||
15 | secretary-treasurer may also receive compensation for services | ||||||
16 | provided
as that officer.
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17 | Section 1-20. Terms of appointments; resignation and | ||||||
18 | removal. | ||||||
19 | (a) The Mayor shall appoint one member of the Board for an | ||||||
20 | initial term expiring July 1 of the year following approval by | ||||||
21 | the Gaming Board, one member for an initial term expiring July | ||||||
22 | 1 three years following approval by the Gaming Board, and one | ||||||
23 | member for an initial term expiring July 1 five years following | ||||||
24 | approval by the Gaming Board.
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1 | (b) All successors shall hold office for a term of 5 years | ||||||
2 | from the first day of July of the year in which they are | ||||||
3 | appointed, except in the case of an appointment to fill a | ||||||
4 | vacancy. Each member, including the chairperson, shall hold | ||||||
5 | office until the expiration of his or her term and until his or | ||||||
6 | her successor is appointed and qualified. Nothing shall | ||||||
7 | preclude a member from serving consecutive terms. Any member | ||||||
8 | may resign from office, to take effect when a successor has | ||||||
9 | been appointed and qualified. A vacancy in office shall occur | ||||||
10 | in the case of a member's death or indictment, conviction, or | ||||||
11 | plea of guilty to a felony. A vacancy shall be filled for the | ||||||
12 | unexpired term by the Mayor with the approval of the Gaming | ||||||
13 | Board.
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14 | (c) The Mayor or the Gaming Board may remove any member of | ||||||
15 | the Board upon a finding of incompetence, neglect of duty, or | ||||||
16 | misfeasance or malfeasance in office or for a violation of this | ||||||
17 | Act. The Gaming Board may remove any member of the Board for | ||||||
18 | any violation of the Illinois Gambling Act or the rules and | ||||||
19 | regulations of the Gaming Board.
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20 | Section 1-25. Organization of Board; meetings. After | ||||||
21 | appointment by the Mayor and approval of the Gaming Board, the | ||||||
22 | Board shall organize for the transaction of business. The Board | ||||||
23 | shall prescribe the time and place for meetings, the manner in | ||||||
24 | which special meetings may be called, and the notice that must | ||||||
25 | be given to members. All actions and meetings of the Board |
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1 | shall be subject to the provisions of the Open Meetings Act. | ||||||
2 | Two members of the Board shall constitute a quorum. All | ||||||
3 | substantive action of the Board shall be by resolution with an | ||||||
4 | affirmative vote of a majority of the members.
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5 | Section 1-30. Executive director; officers. | ||||||
6 | (a) The Board shall appoint
an executive director, subject | ||||||
7 | to completion of a background investigation and approval by the | ||||||
8 | Gaming Board, who shall be the chief executive officer of the
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9 | Authority. The Board shall fix the compensation of the | ||||||
10 | executive director.
Subject to the general control of the | ||||||
11 | Board, the executive director shall be
responsible for the | ||||||
12 | management of the business, properties, and
employees of the | ||||||
13 | Authority. The executive director shall direct the
enforcement | ||||||
14 | of all resolutions, rules, and regulations of the Board, and | ||||||
15 | shall
perform such other duties as may be prescribed from
time | ||||||
16 | to time by the Board. All employees and independent | ||||||
17 | contractors,
consultants, engineers, architects, accountants, | ||||||
18 | attorneys, financial experts,
construction experts and | ||||||
19 | personnel, superintendents, managers, and other
personnel | ||||||
20 | appointed or employed pursuant to this Act shall
report to the | ||||||
21 | executive director. In addition to any other duties set forth | ||||||
22 | in
this Act, the executive director shall do all of the | ||||||
23 | following:
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24 | (1) Direct and supervise the administrative affairs | ||||||
25 | and activities of the
Authority in accordance with its |
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1 | rules, regulations, and policies.
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2 | (2) Attend meetings of the Board.
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3 | (3) Keep minutes of all proceedings of the Board.
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4 | (4) Approve all accounts for salaries, per diem | ||||||
5 | payments, and allowable
expenses of the Board and its | ||||||
6 | employees and consultants.
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7 | (5) Report and make recommendations to the Board | ||||||
8 | concerning the terms and
conditions of any casino | ||||||
9 | management contract.
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10 | (6) Perform any other duty that the Board requires for | ||||||
11 | carrying out the
provisions of this Act.
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12 | (7) Devote his or her full time to the duties of the | ||||||
13 | office and not hold
any other office or employment.
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14 | (b) The Board may select a secretary-treasurer to hold | ||||||
15 | office at the pleasure of the Board. The Board
shall fix the | ||||||
16 | duties of such officer.
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17 | Section 1-31. General rights and powers of the Authority. | ||||||
18 | In addition to the duties and powers set forth in this Act, the | ||||||
19 | Authority shall have the following rights and powers: | ||||||
20 | (1) Adopt and alter an official seal. | ||||||
21 | (2) Establish and change its fiscal year. | ||||||
22 | (3) Sue and be sued, plead and be impleaded, all in its | ||||||
23 | own name, and agree to binding arbitration of any dispute | ||||||
24 | to which it is a party. | ||||||
25 | (4) Adopt, amend, and repeal bylaws, rules, and |
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1 | regulations consistent with the furtherance of the powers | ||||||
2 | and duties provided for. | ||||||
3 | (5) Maintain its principal office within the City and | ||||||
4 | such other offices as the Board may designate. | ||||||
5 | (6) Select locations in the City for a temporary and a | ||||||
6 | permanent casino, subject to final approval by the Gaming | ||||||
7 | Board. | ||||||
8 | (7) Conduct background investigations of potential | ||||||
9 | casino operator licensees, including its principals or | ||||||
10 | shareholders, and Authority staff. | ||||||
11 | (8) Employ, either as regular employees or independent | ||||||
12 | contractors, consultants, engineers, architects, | ||||||
13 | accountants, attorneys, financial experts, construction | ||||||
14 | experts and personnel, superintendents, managers and other | ||||||
15 | professional personnel, and such other personnel as may be | ||||||
16 | necessary in the judgment of the Board, and fix their | ||||||
17 | compensation. | ||||||
18 | (9) Own, acquire, construct, equip, lease, operate, | ||||||
19 | and maintain grounds, buildings, and facilities to carry | ||||||
20 | out its corporate purposes and duties. | ||||||
21 | (10) Enter into, revoke, and modify contracts in | ||||||
22 | accordance with the rules of the Gaming Board. | ||||||
23 | (11) Enter into a casino management contract subject to | ||||||
24 | the final approval of the Gaming Board. | ||||||
25 | (12) Develop, or cause to be developed by a third | ||||||
26 | party, a master plan for the design, planning, and |
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1 | development of a casino. | ||||||
2 | (13) Negotiate and enter into intergovernmental | ||||||
3 | agreements with the State and its agencies, the City, and | ||||||
4 | other units of local government, in furtherance of the | ||||||
5 | powers and duties of the Board. However, the Authority may | ||||||
6 | not enter into an agreement with the State Police. | ||||||
7 | (14) Receive and disburse funds for its own corporate | ||||||
8 | purposes or as otherwise specified in this Act. | ||||||
9 | (15) Borrow money from any source, public or private, | ||||||
10 | for any corporate purpose, including, without limitation, | ||||||
11 | working capital for its operations, reserve funds, or | ||||||
12 | payment of interest, and to mortgage, pledge, or otherwise | ||||||
13 | encumber the property or funds of the Authority and to | ||||||
14 | contract with or engage the services of any person in | ||||||
15 | connection with any financing, including financial | ||||||
16 | institutions, issuers of letters of credit, or insurers and | ||||||
17 | enter into reimbursement agreements with this person or | ||||||
18 | entity which may be secured as if money were borrowed from | ||||||
19 | the person or entity. | ||||||
20 | (16) Issue bonds as provided for under this Act. | ||||||
21 | (17) Receive and accept from any source, private or | ||||||
22 | public, contributions, gifts, or grants of money or | ||||||
23 | property to the Authority. | ||||||
24 | (18) Provide for the insurance of any property, | ||||||
25 | operations, officers, members, agents, or employees of the | ||||||
26 | Authority against any risk or hazard, to self-insure or |
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1 | participate in joint self-insurance pools or entities to | ||||||
2 | insure against such risk or hazard, and to provide for the | ||||||
3 | indemnification of its officers, members, employees, | ||||||
4 | contractors, or agents against any and all risks. | ||||||
5 | (19) Exercise all the corporate powers granted | ||||||
6 | Illinois corporations under the Business Corporation Act | ||||||
7 | of 1983, except to the extent that powers are inconsistent | ||||||
8 | with those of a body politic and corporate of the State. | ||||||
9 | (20) Do all things necessary or convenient to carry out | ||||||
10 | the powers granted by this Act.
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11 | Section 1-32. Ethical Conduct. | ||||||
12 | (a) Board members and employees of the Authority must carry | ||||||
13 | out their duties and responsibilities in such a manner as to | ||||||
14 | promote and preserve public trust and confidence in the | ||||||
15 | integrity and conduct of gaming. | ||||||
16 | (b) Except as may be required in the conduct of official | ||||||
17 | duties, Board members and employees of the Authority shall not | ||||||
18 | engage in gambling on any riverboat, in any casino, or in an | ||||||
19 | electronic gaming facility licensed by the Illinois Gaming | ||||||
20 | Board or engage in legalized gambling in any establishment | ||||||
21 | identified by Board action that, in the judgment of the Board, | ||||||
22 | could represent a potential for a conflict of interest. | ||||||
23 | (c) A Board member or employee of the Authority shall not | ||||||
24 | use or attempt to use his or her official position to secure or | ||||||
25 | attempt to secure any privilege, advantage, favor, or influence |
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1 | for himself or herself or others. | ||||||
2 | (d) Board members and employees of the Authority shall not | ||||||
3 | hold or pursue employment, office, position, business, or | ||||||
4 | occupation that may conflict with his or her official duties. | ||||||
5 | Employees may engage in other gainful employment so long as | ||||||
6 | that employment does not interfere or conflict with their | ||||||
7 | duties. Such employment must be disclosed to the executive | ||||||
8 | director and approved by the Board. | ||||||
9 | (e) Board members and employees of the Authority may not | ||||||
10 | engage in employment, communications, or any activity that may | ||||||
11 | be deemed a conflict of interest. This prohibition shall extend | ||||||
12 | to any act identified by Board action or Gaming Board action | ||||||
13 | that, in the judgment of either entity, could represent the | ||||||
14 | potential for or the appearance of a conflict of interest. | ||||||
15 | (f) Board members and employees of the Authority may not | ||||||
16 | have a financial interest, directly or indirectly, in his or | ||||||
17 | her own name or in the name of any other person, partnership, | ||||||
18 | association, trust, corporation, or other entity in any | ||||||
19 | contract or subcontract for the performance of any work for the | ||||||
20 | Authority. This prohibition shall extend to the holding or | ||||||
21 | acquisition of an interest in any entity identified by Board | ||||||
22 | action or Gaming Board action that, in the judgment of either | ||||||
23 | entity, could represent the potential for or the appearance of | ||||||
24 | a financial interest. The holding or acquisition of an interest | ||||||
25 | in such entities through an indirect means, such as through a | ||||||
26 | mutual fund, shall not be prohibited, except that the Gaming |
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1 | Board may identify specific investments or funds that, in its | ||||||
2 | judgment, are so influenced by gaming holdings as to represent | ||||||
3 | the potential for or the appearance of a conflict of interest. | ||||||
4 | (g) Board members and employees of the Authority may not | ||||||
5 | accept any gift, gratuity, service, compensation, travel, | ||||||
6 | lodging, or thing of value, with the exception of unsolicited | ||||||
7 | items of an incidental nature, from any person, corporation, or | ||||||
8 | entity doing business with the Authority. | ||||||
9 | (h) No Board member or employee of the Authority may, | ||||||
10 | during employment or within a period of 2 years immediately | ||||||
11 | after termination of employment, knowingly accept employment | ||||||
12 | or receive compensation or fees for services from a person or | ||||||
13 | entity, or its parent or affiliate, that has engaged in | ||||||
14 | business with the Authority that resulted in contracts with an | ||||||
15 | aggregate value of at least $25,000 or if that Board member or | ||||||
16 | employee has made a decision that directly applied to the | ||||||
17 | person or entity, or its parent or affiliate. | ||||||
18 | (i) A spouse, child, or parent of a Board member or | ||||||
19 | employee of the Authority may not have a financial interest, | ||||||
20 | directly or indirectly, in his or her own name or in the name | ||||||
21 | of any other person, partnership, association, trust, | ||||||
22 | corporation, or other entity in any contract or subcontract for | ||||||
23 | the performance of any work for the Authority. This prohibition | ||||||
24 | shall extend to the holding or acquisition of an interest in | ||||||
25 | any entity identified by Board action or Gaming Board action | ||||||
26 | that, in the judgment of either entity, could represent the |
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1 | potential for or the appearance of a conflict of interest. The | ||||||
2 | holding or acquisition of an interest in such entities through | ||||||
3 | an indirect means, such as through a mutual fund, shall not be | ||||||
4 | prohibited, expect that the Gaming Board may identify specific | ||||||
5 | investments or funds that, in its judgment, are so influenced | ||||||
6 | by gaming holdings as to represent the potential for or the | ||||||
7 | appearance of a conflict of interest. | ||||||
8 | (j) A spouse, child, or parent of a Board member or | ||||||
9 | employee of the Authority may not accept any gift, gratuity, | ||||||
10 | service, compensation, travel, lodging, or thing of value, with | ||||||
11 | the exception of unsolicited items of an incidental nature, | ||||||
12 | from any person, corporation, or entity doing business with the | ||||||
13 | Authority. | ||||||
14 | (k) A spouse, child, or parent of a Board member or | ||||||
15 | employee of the Authority may not, while the person is a Board | ||||||
16 | member or employee of the spouse or within a period of 2 years | ||||||
17 | immediately after termination of employment, knowingly accept | ||||||
18 | employment or receive compensation or fees for services from a | ||||||
19 | person or entity, or its parent or affiliate, that has engaged | ||||||
20 | in business with the Authority that resulted in contracts with | ||||||
21 | an aggregate value of at least $25,000 or if that Board member | ||||||
22 | or employee has made a decision that directly applied to the | ||||||
23 | person or entity, or its parent or affiliate. | ||||||
24 | (l) No Board member or employee of the Authority may | ||||||
25 | attempt, in any way, to influence any person or corporation | ||||||
26 | doing business with the Authority or any officer, agent, or |
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1 | employee thereof to hire or contract with any person or | ||||||
2 | corporation for any compensated work. | ||||||
3 | (m) Any communication between an elected official of the | ||||||
4 | City and any applicant for or party to a casino management | ||||||
5 | contract with the Authority, or an officer, director, or | ||||||
6 | employee thereof, concerning any manner relating in any way to | ||||||
7 | gaming or the Authority shall be disclosed to the Board and the | ||||||
8 | Gaming Board. Such disclosure shall be in writing by the | ||||||
9 | official within 30 days of the communication and shall be filed | ||||||
10 | with the Board. Disclosure must consist of the date of the | ||||||
11 | communication, the identity and job title of the person with | ||||||
12 | whom the communication was made, a brief summary of the | ||||||
13 | communication, the action requested or recommended, all | ||||||
14 | responses made, the identity and job title of the person making | ||||||
15 | the response, and any other pertinent information. | ||||||
16 | Public disclosure of the written summary provided to the | ||||||
17 | Board and the Gaming Board shall be subject to the exemptions | ||||||
18 | provided under Section 7 of the Freedom of Information Act.
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19 | (n) Any Board member or employee of the Authority who | ||||||
20 | violates any provision of this Section is guilty of a Class 4 | ||||||
21 | felony.
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22 | Section 1-45. Casino management contracts. | ||||||
23 | (a) The Board shall develop and administer a competitive | ||||||
24 | sealed bidding process
for the
selection of a potential casino | ||||||
25 | operator licensee to develop or operate a casino within the |
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1 | City.
The Board shall issue one or more requests for proposals. | ||||||
2 | The Board may
establish minimum financial and investment | ||||||
3 | requirements to determine the
eligibility of persons to respond | ||||||
4 | to the Board's requests for proposal, and may
establish and | ||||||
5 | consider such other criteria as it deems appropriate. The Board
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6 | may impose a fee upon persons who respond to requests for | ||||||
7 | proposal, in order to
reimburse the Board for its costs in | ||||||
8 | preparing and issuing the requests and
reviewing the proposals.
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9 | (b) Within 5 days after the time limit for submitting bids | ||||||
10 | and proposals has passed, the Board shall make all bids and | ||||||
11 | proposals public, provided, however, the Board shall not be | ||||||
12 | required to disclose any information which would be exempt from | ||||||
13 | disclosure under Section 7 of the Freedom of Information Act. | ||||||
14 | Thereafter, the Board shall evaluate the responses to its | ||||||
15 | requests for proposal and
the ability of all persons or | ||||||
16 | entities responding to its requests for proposal
to meet the | ||||||
17 | requirements of this Act and to undertake and perform the
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18 | obligations set forth in its requests for proposal.
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19 | (c) After reviewing proposals and subject to Gaming Board | ||||||
20 | approval, the Board shall enter into a casino management | ||||||
21 | contract authorizing the development, construction, or | ||||||
22 | operation of a casino. Validity of the casino management | ||||||
23 | contract is contingent upon the issuance of a casino operator | ||||||
24 | license to the successful bidder. If the Gaming Board approves | ||||||
25 | the contract and grants a casino operator license, the Board | ||||||
26 | shall transmit a copy of the executed casino management |
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1 | contract to the Gaming Board. | ||||||
2 | (d) After the Authority has been issued a casino license, | ||||||
3 | the Gaming Board has issued a casino operator license, and the | ||||||
4 | Gaming Board has approved the location of a temporary facility, | ||||||
5 | the Authority may conduct gaming operations at a temporary | ||||||
6 | facility for no longer than 24 months after gaming operations | ||||||
7 | begin. The Gaming Board may, after holding a public hearing, | ||||||
8 | grant an extension so long as a permanent facility is not | ||||||
9 | operational and the Authority is working in good faith to | ||||||
10 | complete the permanent facility. The Gaming Board may grant | ||||||
11 | additional extensions following a public hearing. Each | ||||||
12 | extension may be for a period of no longer than 6 months. | ||||||
13 | (e) Fifty percent of the total amount received by the | ||||||
14 | Authority pursuant to a bid for a casino management contract or | ||||||
15 | an executed casino management contract must be transmitted to | ||||||
16 | the State and deposited into the Capital Projects Fund.
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17 | Section 1-50. Transfer of funds. The revenues received by | ||||||
18 | the Authority (other than amounts required to be paid pursuant | ||||||
19 | to the Illinois Gambling Act and amounts required to pay the
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20 | operating expenses of the Authority, to pay amounts due the | ||||||
21 | casino operator licensee pursuant to a casino management | ||||||
22 | contract, to repay any borrowing of the Authority
made pursuant | ||||||
23 | to Section 1-31, to pay debt service on any bonds issued under
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24 | Section
1-75, and to pay any expenses in connection with the | ||||||
25 | issuance of such bonds
pursuant to Section 1-75 or derivative |
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1 | products pursuant to Section 1-85) shall
be transferred
to the
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2 | City by the Authority.
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3 | Section 1-55. Municipal distributions of proceeds from a | ||||||
4 | casino; gaming endowment funds. At least 70% of the moneys that | ||||||
5 | a municipality in which a casino is located receives pursuant | ||||||
6 | to Section 1-50 of this Act shall be described as "gaming | ||||||
7 | endowment funds" and be expended or obligated by the | ||||||
8 | municipality for the following purposes and in the following | ||||||
9 | amounts: | ||||||
10 | (1) 40% of such gaming endowment funds shall be used | ||||||
11 | for or pledged for the construction and maintenance of | ||||||
12 | infrastructure within the municipality, including but not | ||||||
13 | limited to roads, bridges, transit infrastructure, and | ||||||
14 | municipal facilities. | ||||||
15 | (2) 60% of such gaming endowment funds shall be used | ||||||
16 | for or pledged for the construction and maintenance of | ||||||
17 | schools, parks and cultural institution facilities, and | ||||||
18 | museums within the municipality.
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19 | Section 1-60. Auditor General. | ||||||
20 | (a) Prior to the issuance of bonds under this Act, the | ||||||
21 | Authority shall submit to the Auditor General a certification | ||||||
22 | that: | ||||||
23 | (1) it is legally authorized to issue bonds; | ||||||
24 | (2) scheduled annual payments of principal and |
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1 | interest on the bonds to be issued meet the requirements of | ||||||
2 | Section 1-75 of this Act; | ||||||
3 | (3) no bond shall mature later than 30 years; and | ||||||
4 | (4) after payment of costs of issuance and necessary | ||||||
5 | deposits to funds and accounts established with respect to | ||||||
6 | debt service on the bonds, the net bond proceeds (exclusive | ||||||
7 | of any proceeds to be used to refund outstanding bonds) | ||||||
8 | will be used only for the purposes set forth in this Act. | ||||||
9 | The Authority also shall submit to the Auditor General its | ||||||
10 | projections on revenues to be generated and pledged to | ||||||
11 | repayment of the bonds as scheduled and such other information | ||||||
12 | as the Auditor General may reasonably request. | ||||||
13 | The Auditor General shall examine the certifications and | ||||||
14 | information submitted and submit a report to the Authority and | ||||||
15 | the Gaming Board indicating whether the required | ||||||
16 | certifications, projections, and other information have been | ||||||
17 | submitted by the Authority and that the assumptions underlying | ||||||
18 | the projections are not unreasonable in the aggregate. The | ||||||
19 | Auditor General shall submit the report no later than 60 days | ||||||
20 | after receiving the information required to be submitted by the | ||||||
21 | Authority. | ||||||
22 | The Authority shall not issue bonds until it receives the | ||||||
23 | report from the Auditor General indicating the requirements of | ||||||
24 | this Section have been met. The Auditor General's report shall | ||||||
25 | not be in the nature of a post-audit or examination and shall | ||||||
26 | not lead to the issuance of an opinion, as that term is defined |
| |||||||
| |||||||
1 | in generally accepted government auditing standards. The | ||||||
2 | Auditor General shall submit a bill to the Authority for costs | ||||||
3 | associated with the examinations and report required under this | ||||||
4 | Section. The Authority shall reimburse in a timely manner. | ||||||
5 | (b) The Authority shall enter into an intergovernmental | ||||||
6 | agreement with the Auditor General authorizing the Auditor | ||||||
7 | General to, every 2 years, (i) review the financial audit of | ||||||
8 | the Authority performed by the Authority's certified public | ||||||
9 | accountants, (ii) perform a management audit of the Authority, | ||||||
10 | and (iii) perform a management audit of the casino operator | ||||||
11 | licensee. The Auditor General shall provide the Authority and | ||||||
12 | the General Assembly with the audits and shall post a copy on | ||||||
13 | his or her website. The Auditor General shall submit a bill to | ||||||
14 | the Authority for costs associated with the review and the | ||||||
15 | audit required under this Section, which costs shall not exceed | ||||||
16 | $100,000, and the Authority shall reimburse the Auditor General | ||||||
17 | for such costs in a timely manner.
| ||||||
18 | Section 1-62. Advisory committee. An Advisory Committee is | ||||||
19 | established to monitor, review, and report on (1) the | ||||||
20 | Authority's utilization of minority-owned business enterprises | ||||||
21 | and female-owned business enterprises, (2) employment of | ||||||
22 | females, and (3) employment of minorities with regard to the | ||||||
23 | development and construction of the casino as authorized under | ||||||
24 | Section 7 of the Illinois Gambling Act. The Authority shall | ||||||
25 | work with the Advisory Committee in accumulating necessary |
| |||||||
| |||||||
1 | information for the Committee to submit reports, as necessary, | ||||||
2 | to the General Assembly and to the City of Chicago. | ||||||
3 | The Committee shall consist of 15 members as provided in | ||||||
4 | this Section. Seven members shall be selected by the Mayor of | ||||||
5 | the City of Chicago; 2 members shall be selected by the | ||||||
6 | President of the Illinois Senate; 2 members shall be selected | ||||||
7 | by the Speaker of the House of Representatives; 2 members shall | ||||||
8 | be selected by the Minority Leader of the Senate; and 2 members | ||||||
9 | shall be selected by the Minority Leader of the House of | ||||||
10 | Representatives. The Advisory Committee shall meet | ||||||
11 | periodically and shall report the information to the Mayor of | ||||||
12 | the City and to the General Assembly by December 31st of every | ||||||
13 | year. | ||||||
14 | The Advisory Committee shall be dissolved on the date that | ||||||
15 | casino gambling operations are first conducted under the | ||||||
16 | license authorized under Section 7 of the Illinois Gambling | ||||||
17 | Act, other than at a temporary facility. | ||||||
18 | For the purposes of this Section, the terms "female" and | ||||||
19 | "minority person" have the meanings provided in Section 2 of | ||||||
20 | the Business Enterprise for Minorities, Females, and Persons | ||||||
21 | with Disabilities Act.
| ||||||
22 | Section 1-65. Acquisition of property; eminent domain | ||||||
23 | proceedings. For the lawful purposes of this Act, the City may | ||||||
24 | acquire by eminent
domain or by condemnation proceedings in the | ||||||
25 | manner provided by the Eminent Domain Act, real or personal |
| |||||||
| |||||||
1 | property or interests in real
or personal property located in | ||||||
2 | the City, and the City may convey to the Authority
property so | ||||||
3 | acquired. The acquisition of property under this Section is
| ||||||
4 | declared to be for a public use.
| ||||||
5 | Section 1-70. Local regulation. The casino facilities and | ||||||
6 | operations therein
shall be subject to all ordinances and | ||||||
7 | regulations of the City. The
construction, development, and | ||||||
8 | operation of the casino shall comply with all
ordinances, | ||||||
9 | regulations, rules, and controls of the City, including but not
| ||||||
10 | limited to those relating to zoning and planned development, | ||||||
11 | building, fire
prevention, and land use. However, the | ||||||
12 | regulation of gaming operations is
subject to the exclusive | ||||||
13 | jurisdiction of the Gaming Board.
| ||||||
14 | Section 1-75. Borrowing. | ||||||
15 | (a) The Authority may borrow money and
issue bonds as | ||||||
16 | provided in this Section. Bonds of the Authority may be issued
| ||||||
17 | to provide funds for land acquisition, site assembly and | ||||||
18 | preparation, and the design and construction of the casino, as | ||||||
19 | defined in the Illinois Gambling Act, all ancillary and related | ||||||
20 | facilities comprising the casino complex, and all on-site and | ||||||
21 | off-site infrastructure improvements required in connection | ||||||
22 | with the development of the casino; to refund (at the time or | ||||||
23 | in advance of any maturity or
redemption) or redeem any bonds | ||||||
24 | of the Authority; to provide or increase a
debt
service reserve |
| |||||||
| |||||||
1 | fund or other reserves with respect to any or all of its bonds;
| ||||||
2 | or to pay the legal, financial, administrative, bond
insurance, | ||||||
3 | credit enhancement, and other legal expenses of the | ||||||
4 | authorization,
issuance, or delivery of bonds. In this Act, the | ||||||
5 | term "bonds" also includes
notes of any kind, interim | ||||||
6 | certificates, refunding bonds, or any other evidence
of | ||||||
7 | obligation for borrowed money issued under this Section. Bonds | ||||||
8 | may be
issued in one or more series and may be payable and | ||||||
9 | secured either on a parity
with or separately from other bonds.
| ||||||
10 | (b) The bonds of the Authority shall be payable from one or | ||||||
11 | more of
the following sources: (i) the property or revenues of | ||||||
12 | the Authority; (ii)
revenues derived from the casino; (iii) | ||||||
13 | revenues derived from any casino
operator licensee; (iv) fees, | ||||||
14 | bid proceeds, charges, lease payments, payments required | ||||||
15 | pursuant to any
casino management contract or other revenues | ||||||
16 | payable to the
Authority, or any
receipts of the Authority; (v) | ||||||
17 | payments by financial institutions, insurance
companies, or | ||||||
18 | others pursuant to letters or lines of credit, policies of
| ||||||
19 | insurance, or purchase agreements; (vi) investment earnings | ||||||
20 | from funds or
accounts maintained pursuant to a bond resolution | ||||||
21 | or trust indenture; (vii)
proceeds of refunding bonds; (viii) | ||||||
22 | any other revenues derived from or payments by the City; and | ||||||
23 | (ix) any payments by any casino operator licensee or others | ||||||
24 | pursuant to any guaranty agreement.
| ||||||
25 | (c) Bonds shall be authorized by a resolution of the | ||||||
26 | Authority and may be
secured by a trust indenture by and |
| |||||||
| |||||||
1 | between the Authority and a corporate
trustee or trustees, | ||||||
2 | which may be any trust company or bank having the powers
of a | ||||||
3 | trust company within or without the State. Bonds shall meet the | ||||||
4 | following requirements:
| ||||||
5 | (1) Bonds shall bear interest at a rate not to exceed | ||||||
6 | the maximum rate authorized by the Bond Authorization Act.
| ||||||
7 | (2) Bonds issued pursuant to this Section may be | ||||||
8 | payable on such dates and times as may be provided for by | ||||||
9 | the resolution or indenture authorizing the issuance of | ||||||
10 | such bonds; provided, however, that such bonds shall mature | ||||||
11 | no later than 30 years from the date of issuance. | ||||||
12 | (3) At least 25%, based on total principal amount, of | ||||||
13 | all bonds issued pursuant to this Section shall be sold | ||||||
14 | pursuant to notice of sale and public bid. No more than | ||||||
15 | 75%, based on total principal amount, of all bonds issued | ||||||
16 | pursuant to this Section shall be sold by negotiated sale.
| ||||||
17 | (4) Bonds shall be payable at a time or times, in the | ||||||
18 | denominations and form,
including book entry form, either | ||||||
19 | coupon, registered, or both, and carry the
registration and | ||||||
20 | privileges as to exchange, transfer or conversion, and
| ||||||
21 | replacement of mutilated, lost, or destroyed bonds as the | ||||||
22 | resolution or trust
indenture may provide.
| ||||||
23 | (5) Bonds shall be payable in lawful money of the | ||||||
24 | United States at a designated
place.
| ||||||
25 | (6) Bonds shall be subject to the terms of purchase, | ||||||
26 | payment, redemption, refunding,
or refinancing that the |
| |||||||
| |||||||
1 | resolution or trust indenture provides.
| ||||||
2 | (7) Bonds shall be executed by the manual or facsimile | ||||||
3 | signatures of the officers
of the Authority designated by | ||||||
4 | the Board, which signatures shall be valid at
delivery even
| ||||||
5 | for one who has ceased to hold office.
| ||||||
6 | (8) Bonds shall be sold at public or private sale in | ||||||
7 | the manner and upon the terms
determined by the Authority.
| ||||||
8 | (9) Bonds shall be issued in accordance with the | ||||||
9 | provisions of the Local
Government Debt Reform Act.
| ||||||
10 | (d) The Authority shall adopt a procurement program with | ||||||
11 | respect to contracts relating to underwriters, bond counsel, | ||||||
12 | financial advisors, and accountants. The program shall include | ||||||
13 | goals for the payment of not less than 30% of the total dollar | ||||||
14 | value of the fees from these contracts to minority-owned | ||||||
15 | businesses and female-owned businesses as defined in the | ||||||
16 | Business Enterprise for Minorities, Females, and Persons with | ||||||
17 | Disabilities Act. The Authority shall conduct outreach to | ||||||
18 | minority-owned businesses and female-owned businesses. | ||||||
19 | Outreach shall include, but is not limited to, advertisements | ||||||
20 | in periodicals and newspapers, mailings, and other appropriate | ||||||
21 | media. The Authority shall submit to the General Assembly a | ||||||
22 | comprehensive report that shall include, at a minimum, the | ||||||
23 | details of the procurement plan, outreach efforts, and the | ||||||
24 | results of the efforts to achieve goals for the payment of | ||||||
25 | fees. | ||||||
26 | (e) Subject to the Illinois Gambling Act and rules of the |
| |||||||
| |||||||
1 | Gaming Board regarding pledging
of interests in holders of | ||||||
2 | owners licenses, any resolution or trust indenture may contain | ||||||
3 | provisions that may be a part of
the contract with the holders | ||||||
4 | of the bonds as to the following:
| ||||||
5 | (1) Pledging, assigning, or directing the use, | ||||||
6 | investment, or disposition
of revenues of the Authority or | ||||||
7 | proceeds or benefits of any contract, including
without | ||||||
8 | limitation, any rights in any casino management
contract.
| ||||||
9 | (2) The setting aside of loan funding deposits, debt | ||||||
10 | service reserves, replacement or operating reserves, cost | ||||||
11 | of
issuance accounts and sinking funds, and the regulation, | ||||||
12 | investment, and
disposition thereof.
| ||||||
13 | (3) Limitations on the purposes to which or the | ||||||
14 | investments in which the
proceeds of sale of any issue of | ||||||
15 | bonds or the Authority's revenues and
receipts may be | ||||||
16 | applied or made.
| ||||||
17 | (4) Limitations on the issue of additional bonds, the | ||||||
18 | terms upon which
additional bonds may be issued and | ||||||
19 | secured, the terms upon which additional
bonds may rank on | ||||||
20 | a parity with, or be subordinate or superior to, other | ||||||
21 | bonds.
| ||||||
22 | (5) The refunding, advance refunding, or refinancing | ||||||
23 | of outstanding bonds.
| ||||||
24 | (6) The procedure, if any, by which the terms of any | ||||||
25 | contract with
bondholders may be altered or amended and the | ||||||
26 | amount of bonds and holders of
which must consent thereto |
| |||||||
| |||||||
1 | and the manner in which consent shall be given.
| ||||||
2 | (7) Defining the acts or omissions which shall | ||||||
3 | constitute a default in the
duties of the Authority to | ||||||
4 | holders of bonds and providing the rights or
remedies of | ||||||
5 | such holders in the event of a default, which may include
| ||||||
6 | provisions
restricting individual rights of action by | ||||||
7 | bondholders.
| ||||||
8 | (8) Providing for guarantees, pledges of property, | ||||||
9 | letters of credit, or
other security,
or insurance for the | ||||||
10 | benefit of bondholders.
| ||||||
11 | (f) No member of the Board, nor any person executing the | ||||||
12 | bonds, shall be
liable personally on the bonds or subject to | ||||||
13 | any personal liability by reason
of the issuance of the bonds.
| ||||||
14 | (g) The Authority may issue and secure bonds in accordance | ||||||
15 | with the
provisions of the Local Government Credit Enhancement | ||||||
16 | Act.
| ||||||
17 | (h) A pledge by the Authority of revenues and receipts as | ||||||
18 | security for an
issue of bonds or for the performance of its | ||||||
19 | obligations under any casino
management contract shall
be valid | ||||||
20 | and binding from the time when the pledge is made. The revenues | ||||||
21 | and
receipts pledged shall immediately be subject to the lien | ||||||
22 | of the pledge without
any physical delivery or further act,
and | ||||||
23 | the lien of any pledge shall be valid and binding against any | ||||||
24 | person having
any claim of any kind in tort, contract, or | ||||||
25 | otherwise against the Authority,
irrespective of whether the | ||||||
26 | person has notice. No resolution, trust indenture,
management |
| |||||||
| |||||||
1 | agreement or financing statement, continuation statement, or | ||||||
2 | other
instrument adopted or entered into by the Authority need | ||||||
3 | be filed or recorded
in any public record other than the | ||||||
4 | records of the Authority in order to
perfect the lien against | ||||||
5 | third persons, regardless of any contrary provision of
law.
| ||||||
6 | (i) Bonds that are being paid or retired by issuance, sale, | ||||||
7 | or delivery of
bonds, and bonds for which sufficient funds have | ||||||
8 | been deposited with the paying
agent or trustee to provide for | ||||||
9 | payment of principal and interest thereon, and
any redemption | ||||||
10 | premium, as provided in the authorizing resolution, shall not | ||||||
11 | be
considered outstanding for the purposes of this subsection.
| ||||||
12 | (j) The bonds of the Authority shall not be indebtedness of | ||||||
13 | the
State.
The bonds of the Authority are not general | ||||||
14 | obligations of the State and are not secured by a pledge of the | ||||||
15 | full faith and
credit of the State and the holders of bonds of | ||||||
16 | the Authority may
not require, except as provided in this Act, | ||||||
17 | the application of State revenues or
funds to the payment of | ||||||
18 | bonds of the Authority.
| ||||||
19 | (k) The State of
Illinois pledges and agrees with the | ||||||
20 | owners of the bonds that it will not limit
or alter the rights | ||||||
21 | and powers vested in the Authority by this Act so as to
impair | ||||||
22 | the terms of any contract made by the Authority with the owners | ||||||
23 | or in
any way impair the rights and remedies of the owners | ||||||
24 | until the bonds, together
with interest on them, and all costs | ||||||
25 | and expenses in connection with any action
or proceedings by or | ||||||
26 | on behalf of the owners, are fully met and discharged.
The |
| |||||||
| |||||||
1 | Authority is authorized to include this pledge and
agreement in | ||||||
2 | any contract with the owners of bonds issued under this | ||||||
3 | Section.
| ||||||
4 | (l) No person holding an elective office in this State, | ||||||
5 | holding a seat in the General Assembly, or serving as a board | ||||||
6 | member, trustee, officer, or employee of the Authority, | ||||||
7 | including the spouse of that person, may receive a legal, | ||||||
8 | banking, consulting, or other fee related to the issuance of | ||||||
9 | bonds. This prohibition shall also apply to a company or firm | ||||||
10 | that employs a person holding an elective office in this State, | ||||||
11 | holding a seat in the General Assembly, or serving as a board | ||||||
12 | member, trustee, officer, or employee of the Authority, | ||||||
13 | including the spouse of that person, if the person or his or | ||||||
14 | her spouse has greater than 7.5% ownership of the company or | ||||||
15 | firm.
| ||||||
16 | Section 1-85. Derivative products. With respect to all or | ||||||
17 | part of any issue
of its bonds, the Authority may enter into | ||||||
18 | agreements or contracts with any
necessary or appropriate | ||||||
19 | person, which will have the benefit of providing to
the
| ||||||
20 | Authority an interest rate basis, cash flow basis, or other | ||||||
21 | basis different
from that provided in the bonds for the payment | ||||||
22 | of interest. Such agreements
or contracts may include, without | ||||||
23 | limitation, agreements or contracts commonly
known as | ||||||
24 | "interest rate swap agreements", "forward payment conversion
| ||||||
25 | agreements", "futures", "options", "puts", or "calls" and |
| |||||||
| |||||||
1 | agreements or
contracts providing for payments based on levels | ||||||
2 | of or changes in interest
rates, agreements or contracts to | ||||||
3 | exchange cash flows or a series of payments,
or to hedge | ||||||
4 | payment, rate spread, or similar exposure.
| ||||||
5 | Section 1-90. Legality for investment. The State of | ||||||
6 | Illinois, all
governmental entities, all public officers, | ||||||
7 | banks, bankers, trust companies,
savings banks and | ||||||
8 | institutions, building and loan associations, savings and
loan | ||||||
9 | associations, investment companies, and other persons carrying | ||||||
10 | on a
banking
business, insurance companies, insurance | ||||||
11 | associations, and other persons
carrying on an insurance | ||||||
12 | business, and all executors, administrators,
guardians, | ||||||
13 | trustees, and other fiduciaries may legally invest any sinking
| ||||||
14 | funds,
moneys, or other funds belonging to them or within their | ||||||
15 | control in
any bonds issued under this Act. However, nothing in | ||||||
16 | this Section shall be
construed as relieving any person, firm, | ||||||
17 | or corporation from any duty of
exercising reasonable care in | ||||||
18 | selecting securities for purchase or investment.
| ||||||
19 | Section 1-105. Budgets and reporting.
| ||||||
20 | (a) The Board shall annually adopt a budget for each
fiscal | ||||||
21 | year. The budget may be modified from time to time in the same | ||||||
22 | manner
and upon the same vote as it may be adopted. The budget | ||||||
23 | shall include the
Authority's available funds and estimated | ||||||
24 | revenues and shall provide for
payment of its obligations and |
| |||||||
| |||||||
1 | estimated expenditures for the fiscal year,
including, without | ||||||
2 | limitation, expenditures for administration, operation,
| ||||||
3 | maintenance and repairs, debt service, and deposits into | ||||||
4 | reserve and other
funds
and capital projects.
| ||||||
5 | (b) The Board shall annually cause the finances of the | ||||||
6 | Authority to be
audited by a firm of certified public | ||||||
7 | accountants selected by the Board in accordance with the rules | ||||||
8 | of the Gaming Board and post the firm's audits of the Authority | ||||||
9 | on the Authority's Internet website.
| ||||||
10 | (c) The Board shall, for each fiscal year, prepare an | ||||||
11 | annual report
setting forth information concerning its | ||||||
12 | activities in the fiscal year and the
status of the development | ||||||
13 | of the casino. The annual report shall include the
audited | ||||||
14 | financial statements of the Authority for the fiscal year, the | ||||||
15 | budget
for the succeeding fiscal year, and the current capital | ||||||
16 | plan as of the date of
the report. Copies of the annual report | ||||||
17 | shall be made available to persons who
request them and shall | ||||||
18 | be submitted not later than 120 days after the end of
the | ||||||
19 | Authority's fiscal year or, if the audit of the Authority's | ||||||
20 | financial statements is not completed within 120 days after the | ||||||
21 | end of the Authority's fiscal year, as soon as practical after | ||||||
22 | completion of the audit, to the Governor, the Mayor, the | ||||||
23 | General Assembly, and the Commission on Government Forecasting | ||||||
24 | and Accountability.
| ||||||
25 | Section 1-110. Deposit and withdrawal of funds. |
| |||||||
| |||||||
1 | (a) All funds deposited by the Authority in any bank or | ||||||
2 | savings and loan
association shall be placed in the name of the | ||||||
3 | Authority and shall be withdrawn
or paid out only by check or | ||||||
4 | draft upon the bank or savings and loan
association, signed by | ||||||
5 | 2 officers or employees designated by the Board.
| ||||||
6 | Notwithstanding any other provision of this Section, the Board | ||||||
7 | may designate
any of its members or any officer or employee of | ||||||
8 | the Authority to authorize the
wire transfer of funds deposited | ||||||
9 | by the secretary-treasurer of funds in a bank
or savings and | ||||||
10 | loan association for the payment of payroll and employee
| ||||||
11 | benefits-related expenses.
| ||||||
12 | No bank or savings and loan association shall receive | ||||||
13 | public funds as
permitted by this Section unless it has | ||||||
14 | complied with the requirements
established pursuant to Section | ||||||
15 | 6 of the Public
Funds Investment Act.
| ||||||
16 | (b) If any officer or employee whose signature appears upon | ||||||
17 | any check
or draft issued pursuant to this Act ceases (after | ||||||
18 | attaching his signature) to
hold his or her office before the | ||||||
19 | delivery of such a check or draft to the
payee, his or her | ||||||
20 | signature shall nevertheless be valid and sufficient for all
| ||||||
21 | purposes with the same effect as if he or she had remained in | ||||||
22 | office until
delivery thereof.
| ||||||
23 | Section 1-112. Contracts with the Authority or casino | ||||||
24 | operator licensee; disclosure requirements. | ||||||
25 | (a) A bidder, respondent, offeror, or contractor for |
| |||||||
| |||||||
1 | contracts with the Authority or casino operator licensee shall | ||||||
2 | disclose the identity of all officers and directors and every | ||||||
3 | owner, beneficiary, or person with beneficial interest of more | ||||||
4 | than 1% or shareholder entitled to receive more than 1% of the | ||||||
5 | total distributable income of any corporation having any | ||||||
6 | interest in the contract or in the bidder, respondent, offeror, | ||||||
7 | or contractor. The disclosure shall be in writing and attested | ||||||
8 | to by an owner, trustee, corporate official, or agent. If stock | ||||||
9 | in a corporation is publicly traded and there is no readily | ||||||
10 | known individual having greater than a 1% interest, then a | ||||||
11 | statement to that effect attested to by an officer or agent of | ||||||
12 | the corporation shall fulfill the disclosure statement | ||||||
13 | requirement of this Section. A bidder, respondent, offeror, or | ||||||
14 | contractor shall notify the Authority of any changes in | ||||||
15 | officers, directors, ownership, or individuals having a | ||||||
16 | beneficial interest of more than 1%. | ||||||
17 | (b) A bidder, respondent, offeror, or contractor for | ||||||
18 | contracts with an annual value of $10,000 or more or for a | ||||||
19 | period to exceed one year shall disclose all political | ||||||
20 | contributions of the bidder, respondent, offeror, or | ||||||
21 | contractor and any affiliated person or entity. Disclosure | ||||||
22 | shall include at least the names and addresses of the | ||||||
23 | contributors and the dollar amounts of any contributions to any | ||||||
24 | political committee made within the previous 2 years. The | ||||||
25 | disclosure must be submitted to the Gaming Board with a copy of | ||||||
26 | the contract. |
| |||||||
| |||||||
1 | (c) As used in this Section: | ||||||
2 | "Contribution" means contribution as defined in Section | ||||||
3 | 9-1.4 of the Election Code. | ||||||
4 | "Affiliated person" means (i) any person with any ownership | ||||||
5 | interest or distributive share of the bidding, responding, or | ||||||
6 | contracting entity in excess of 1%, (ii) executive employees of | ||||||
7 | the bidding, responding, or contracting entity, and (iii) the | ||||||
8 | spouse and minor children of any such persons. | ||||||
9 | "Affiliated entity" means (i) any parent or subsidiary of | ||||||
10 | the bidding or contracting entity, (ii) any member of the same | ||||||
11 | unitary business group, or (iii) any political committee for | ||||||
12 | which the bidding, responding, or contracting entity is the | ||||||
13 | sponsoring entity. | ||||||
14 | (d) The Gaming Board may direct the Authority or a casino | ||||||
15 | operator licensee to void a contract if a violation of this | ||||||
16 | Section occurs. The Authority may direct a casino operator | ||||||
17 | licensee to void a contract if a violation of this Section | ||||||
18 | occurs.
| ||||||
19 | Section 1-115. Purchasing. | ||||||
20 | (a) All construction contracts and contracts for supplies, | ||||||
21 | materials,
equipment, and services,
when the cost thereof to | ||||||
22 | the Authority exceeds $25,000, shall be let by a competitive | ||||||
23 | selection process to
the lowest responsible proposer, after | ||||||
24 | advertising for proposals, except for the
following:
| ||||||
25 | (1) When repair parts, accessories, equipment, or |
| |||||||
| |||||||
1 | services are required
for
equipment or services previously | ||||||
2 | furnished or contracted for;
| ||||||
3 | (2) Professional services;
| ||||||
4 | (3) When services such as water, light, heat, power, | ||||||
5 | telephone (other than
long-distance service), or telegraph | ||||||
6 | are required;
| ||||||
7 | (4) When contracts for the use, purchase, delivery, | ||||||
8 | movement, or
installation of data processing equipment, | ||||||
9 | software, or services and
telecommunications equipment,
| ||||||
10 | software, and services are required;
| ||||||
11 | (5) Casino management contracts, which shall be | ||||||
12 | awarded as
set forth in Section 1-45 of this Act;
| ||||||
13 | (6) Contracts where there is only one economically | ||||||
14 | feasible source; and | ||||||
15 | (7) When a purchase is needed on an immediate, | ||||||
16 | emergency basis because there exists a threat to public | ||||||
17 | health or public safety, or when immediate expenditure is | ||||||
18 | necessary for repairs to Authority property in order to | ||||||
19 | protect against further loss of or damage to Authority | ||||||
20 | property, to prevent or minimize serious disruption in | ||||||
21 | Authority services or to ensure the integrity of Authority | ||||||
22 | records.
| ||||||
23 | (b) All contracts involving less than $25,000 shall be let | ||||||
24 | by competitive
selection process whenever possible, and in any | ||||||
25 | event in a manner calculated to ensure
the best interests of | ||||||
26 | the public.
|
| |||||||
| |||||||
1 | (c) In determining the responsibility of any proposer, the | ||||||
2 | Authority may take
into account the proposer's (or an | ||||||
3 | individual having a beneficial interest,
directly or | ||||||
4 | indirectly, of more than 1% in such proposing entity) past | ||||||
5 | record of
dealings with the Authority, the proposer's | ||||||
6 | experience, adequacy of equipment,
and ability to complete | ||||||
7 | performance within the time set, and other factors
besides | ||||||
8 | financial responsibility. No such contract shall be awarded to | ||||||
9 | any proposer other than the lowest proposer (in case of | ||||||
10 | purchase or
expenditure) unless authorized or approved by a | ||||||
11 | vote of at least 2 members of
the Board and such action is | ||||||
12 | accompanied by a written statement setting forth the reasons | ||||||
13 | for not awarding the contract to the highest or
lowest | ||||||
14 | proposer, as the case
may be. The statement shall be kept on | ||||||
15 | file in the principal office of the
Authority and open to | ||||||
16 | public inspection.
| ||||||
17 | (d) The Authority shall have the right to reject all | ||||||
18 | proposals and to
re-advertise for proposals. If after
any such | ||||||
19 | re-advertisement, no responsible and satisfactory proposals, | ||||||
20 | within the
terms of the re-advertisement, is received, the | ||||||
21 | Authority may award such
contract without competitive | ||||||
22 | selection, provided that the Gaming Board must approve the | ||||||
23 | contract prior to its execution. The contract must not be less
| ||||||
24 | advantageous to the Authority than any valid proposal received | ||||||
25 | pursuant to
advertisement.
| ||||||
26 | (e) Advertisements for proposals and re-proposals shall be |
| |||||||
| |||||||
1 | published at least once in
a daily newspaper of general | ||||||
2 | circulation published in the City
at least 10 calendar days | ||||||
3 | before the time for
receiving proposals and in an online | ||||||
4 | bulletin published on the Authority's website. Such
| ||||||
5 | advertisements shall state the time and
place for receiving and | ||||||
6 | opening of proposals and, by reference to plans and
| ||||||
7 | specifications on file at the time of the first publication or | ||||||
8 | in the
advertisement itself, shall describe the character of | ||||||
9 | the proposed contract in
sufficient detail to fully advise | ||||||
10 | prospective proposers of their obligations and
to ensure free | ||||||
11 | and open competitive selection.
| ||||||
12 | (f) All proposals in response to advertisements shall be | ||||||
13 | sealed and shall be
publicly opened by the Authority. All | ||||||
14 | proposers shall be entitled to be present
in person or by | ||||||
15 | representatives. Cash or a certified or satisfactory cashier's
| ||||||
16 | check, as a deposit of good faith, in a reasonable amount to be | ||||||
17 | fixed by the
Authority before advertising for proposals, shall | ||||||
18 | be required with the proposal. A bond for faithful performance | ||||||
19 | of the contract with surety or
sureties satisfactory to the
| ||||||
20 | Authority and adequate insurance may be required in reasonable | ||||||
21 | amounts to be
fixed by the Authority before advertising for | ||||||
22 | proposals.
| ||||||
23 | (g) The contract shall be awarded as promptly as possible | ||||||
24 | after the opening
of proposals. The proposal of the successful | ||||||
25 | proposer, as well as the bids of the
unsuccessful proposers, | ||||||
26 | shall be placed on file and be open to public inspection |
| |||||||
| |||||||
1 | subject to the exemptions from disclosure provided under | ||||||
2 | Section 7 of the Freedom of Information Act.
All proposals | ||||||
3 | shall be void if any disclosure of the terms of any proposals | ||||||
4 | in response
to an advertisement is made or permitted to be made | ||||||
5 | by the Authority before the
time fixed for opening proposals.
| ||||||
6 | (h) Notice of each and every contract that is
offered, | ||||||
7 | including renegotiated contracts and change orders,
shall be | ||||||
8 | published in an online bulletin. The online bulletin must | ||||||
9 | include at least the date first offered,
the date submission of | ||||||
10 | offers is due, the location that offers are to be
submitted to, | ||||||
11 | a brief purchase description, the method of source selection,
| ||||||
12 | information of how to obtain a comprehensive purchase | ||||||
13 | description and any
disclosure and contract forms, and | ||||||
14 | encouragement to prospective vendors to hire qualified | ||||||
15 | veterans, as defined by Section 45-67 of the Illinois | ||||||
16 | Procurement Code, and Illinois residents discharged from any | ||||||
17 | Illinois adult correctional center subject to Gaming Board | ||||||
18 | licensing and eligibility rules. Notice of each and every | ||||||
19 | contract that is let
or awarded, including renegotiated | ||||||
20 | contracts and change orders, shall be
published in the online | ||||||
21 | bulletin and
must include at least all of the
information | ||||||
22 | specified in this item (h), as well as the name of the | ||||||
23 | successful
responsible proposer or offeror, the contract | ||||||
24 | price, and the number of unsuccessful
responsive proposers and | ||||||
25 | any other disclosure specified in this Section. This notice | ||||||
26 | must be posted in the online electronic bulletin prior to |
| |||||||
| |||||||
1 | execution of the contract.
| ||||||
2 | Section 1-130. Affirmative action and equal opportunity | ||||||
3 | obligations of
Authority. | ||||||
4 | (a) The Authority is subject to the requirements of Article | ||||||
5 | IV of 2-92 (Sections 2-92-650 through 2-92-720 inclusive) of | ||||||
6 | the Chicago Municipal Code, as now or hereafter amended, | ||||||
7 | renumbered, or succeeded, concerning a Minority-Owned and | ||||||
8 | Women-Owned Business Enterprise Procurement Program for | ||||||
9 | construction contracts, and 2-92-420 et seq. of the Chicago | ||||||
10 | Municipal Code, as now or hereafter amended, renumbered, or | ||||||
11 | succeeded, concerning a Minority-Owned and Women-Owned | ||||||
12 | Business Enterprise Procurement Program to determine the | ||||||
13 | status of a firm as a Minority Business Enterprise for city | ||||||
14 | procurement purposes.
| ||||||
15 | (b) The Authority is authorized to enter into agreements | ||||||
16 | with contractors'
associations, labor unions, and the | ||||||
17 | contractors working on the development of
the casino to | ||||||
18 | establish an apprenticeship preparedness training program to
| ||||||
19 | provide for an increase in the number of minority and female | ||||||
20 | journeymen and
apprentices in the building trades and to enter | ||||||
21 | into agreements with
community college districts or other | ||||||
22 | public or private institutions to provide
readiness training. | ||||||
23 | The Authority is further authorized to enter into
contracts | ||||||
24 | with public and private educational institutions and persons in | ||||||
25 | the
gaming, entertainment, hospitality, and tourism industries |
| |||||||
| |||||||
1 | to provide training
for employment in those industries.
| ||||||
2 | Section 1-140. Home rule. The regulation and licensing of | ||||||
3 | casinos and casino gaming, casino gaming facilities, and casino | ||||||
4 | operator licensees under this Act are exclusive powers and | ||||||
5 | functions of the State. A home rule unit may not regulate or | ||||||
6 | license casinos, casino gaming, casino gaming facilities, or | ||||||
7 | casino operator licensees under this Act, except as provided | ||||||
8 | under this Act. This Section is a denial and limitation of home | ||||||
9 | rule powers and functions under subsection (h) of Section 6 of | ||||||
10 | Article VII of the Illinois Constitution.
| ||||||
11 | ARTICLE 90. | ||||||
12 | Section 90-1. Findings. The General Assembly makes all of | ||||||
13 | the following findings: | ||||||
14 | (1) That more than 50 municipalities and 5 counties | ||||||
15 | have opted out of video gaming legislation that was enacted | ||||||
16 | by the 96th General Assembly as Public Act 96-34, and | ||||||
17 | revenues for the State's newly approved capital | ||||||
18 | construction program are on track to fall short of | ||||||
19 | projections. | ||||||
20 | (2) That these shortfalls could postpone much-needed | ||||||
21 | road construction, school construction, and other | ||||||
22 | infrastructure improvements. | ||||||
23 | (3) That the State likely will wait a year or more, |
| |||||||
| |||||||
1 | until video gaming is licensed, organized, and online, to | ||||||
2 | realize meaningful revenue from the program. | ||||||
3 | (4) That a significant infusion of new revenue is | ||||||
4 | necessary to ensure that those projects, which are | ||||||
5 | fundamental to the State's economic recovery, proceed as | ||||||
6 | planned. | ||||||
7 | (5) That the decline of the Illinois horse racing and | ||||||
8 | breeding program, a $2.5 billion industry, would be | ||||||
9 | reversed if this amendatory Act of the 96th General | ||||||
10 | Assembly would be enacted. | ||||||
11 | (6) That the Illinois horse racing industry is on the | ||||||
12 | verge of extinction due to fierce competition from fully | ||||||
13 | developed horse racing and gaming operations in other | ||||||
14 | states. | ||||||
15 | (7) That Illinois lawmakers agreed in 1999 to earmark | ||||||
16 | 15% of the forthcoming 10th casino's revenue for horse | ||||||
17 | racing; the State's horse racing industry has never seen a | ||||||
18 | penny of that revenue because the 10th casino has yet to | ||||||
19 | open. | ||||||
20 | (8) That allowing the State's horse racing venues, | ||||||
21 | currently licensed gaming destinations, to maximize their | ||||||
22 | capacities with gaming machines, would generate up to $120 | ||||||
23 | million to $200 million for the State in the form of extra | ||||||
24 | licensing fees, plus an additional $100 million to $300 | ||||||
25 | million in recurring annual tax revenue for the State to | ||||||
26 | help ensure that school, road, and other building projects |
| |||||||
| |||||||
1 | promised under the capital plan occur on schedule. | ||||||
2 | (8) That Illinois agriculture and other businesses | ||||||
3 | that support and supply the horse racing industry, already | ||||||
4 | a sector that employs over 37,000 Illinoisans, also stand | ||||||
5 | to substantially benefit and would be much more likely to | ||||||
6 | create additional jobs should Illinois horse racing once | ||||||
7 | again become competitive with other states. | ||||||
8 | (9) That by keeping these projects on track, the State | ||||||
9 | can be sure that significant job and economic growth will | ||||||
10 | in fact result from the previously enacted legislation. | ||||||
11 | (10) That gaming machines at Illinois horse racing | ||||||
12 | tracks would create an estimated 1,200 to 1,500 permanent | ||||||
13 | jobs, and an estimated capital investment of up to $200 | ||||||
14 | million to $400 million at these race tracks would prompt | ||||||
15 | additional trade organization jobs necessary to construct | ||||||
16 | new facilities or remodel race tracks to operate electronic | ||||||
17 | gaming.
| ||||||
18 | Section 90-5. The Alcoholism and Other Drug Abuse and | ||||||
19 | Dependency Act is amended by changing Section 5-20 as follows:
| ||||||
20 | (20 ILCS 301/5-20)
| ||||||
21 | Sec. 5-20. Compulsive gambling program.
| ||||||
22 | (a) Subject to appropriation, the Department shall | ||||||
23 | establish a program for
public education, research, and | ||||||
24 | training regarding problem and compulsive
gambling and the |
| |||||||
| |||||||
1 | treatment and prevention of problem and compulsive gambling.
| ||||||
2 | Subject to specific appropriation for these stated purposes, | ||||||
3 | the program must
include all of the following:
| ||||||
4 | (1) Establishment and maintenance of a toll-free "800" | ||||||
5 | telephone number
to provide crisis counseling and referral | ||||||
6 | services to families experiencing
difficulty as a result of | ||||||
7 | problem or compulsive gambling.
| ||||||
8 | (2) Promotion of public awareness regarding the | ||||||
9 | recognition and
prevention of problem and compulsive | ||||||
10 | gambling.
| ||||||
11 | (3) Facilitation, through in-service training and | ||||||
12 | other means, of the
availability of effective assistance | ||||||
13 | programs for problem and compulsive
gamblers.
| ||||||
14 | (4) Conducting studies to identify adults and | ||||||
15 | juveniles in this
State who are, or who are at risk of | ||||||
16 | becoming, problem or compulsive gamblers.
| ||||||
17 | (b) Subject to appropriation, the Department shall either | ||||||
18 | establish and
maintain the program or contract with a private | ||||||
19 | or public entity for the
establishment and maintenance of the | ||||||
20 | program. Subject to appropriation, either
the Department or the | ||||||
21 | private or public entity shall implement the toll-free
| ||||||
22 | telephone number, promote public awareness, and conduct | ||||||
23 | in-service training
concerning problem and compulsive | ||||||
24 | gambling.
| ||||||
25 | (c) Subject to appropriation, the Department shall produce | ||||||
26 | and supply the
signs specified in Section 10.7 of the Illinois |
| |||||||
| |||||||
1 | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | ||||||
2 | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | ||||||
3 | of the Charitable Games Act, and Section 13.1 of the Illinois | ||||||
4 | Riverboat
Gambling Act.
| ||||||
5 | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
| ||||||
6 | Section 90-7. The Department of Commerce and Economic | ||||||
7 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
8 | amended by adding Section 605-530 as follows:
| ||||||
9 | (20 ILCS 605/605-530 new) | ||||||
10 | Sec. 605-530. The Depressed Communities Economic | ||||||
11 | Development Board. | ||||||
12 | (a) The Depressed Communities Economic Development Board | ||||||
13 | is created as an advisory board within the Department of | ||||||
14 | Commerce and Economic Opportunity. The Board shall consist of | ||||||
15 | 10 members as follows: | ||||||
16 | (1) Two members appointed by the President of the | ||||||
17 | Senate, one of whom is appointed to serve an initial term | ||||||
18 | of one year and one of whom is appointed to serve an | ||||||
19 | initial term of 2 years. | ||||||
20 | (2) Two members appointed by the Minority Leader of the | ||||||
21 | Senate, one of whom is appointed to serve an initial term | ||||||
22 | of one year and one of whom is appointed to serve an | ||||||
23 | initial term of 2 years. | ||||||
24 | (3) Two members appointed by the Speaker of the House |
| |||||||
| |||||||
1 | of Representatives, one of whom is appointed to serve an | ||||||
2 | initial term of one year and one of whom is appointed to | ||||||
3 | serve an initial term of 2 years. | ||||||
4 | (4) Two members appointed by the Minority Leader of the | ||||||
5 | House of Representatives, one of whom is appointed to serve | ||||||
6 | an initial term of one year and one of whom is appointed to | ||||||
7 | serve an initial term of 2 years. | ||||||
8 | (5) Two members appointed by the Governor with the | ||||||
9 | advice and consent of the Senate, one of whom is appointed | ||||||
10 | to serve an initial term of one year and one of whom is | ||||||
11 | appointed to serve an initial term of 2 years as chair of | ||||||
12 | the Board at the time of appointment. | ||||||
13 | After the initial terms, each member shall be appointed to | ||||||
14 | serve a term of 2 years and until his or her successor has been | ||||||
15 | appointed and assumes office. If a vacancy occurs in the Board | ||||||
16 | membership, then the vacancy shall be filled in the same manner | ||||||
17 | as the initial appointment. | ||||||
18 | (b) Board members shall serve without compensation, but may | ||||||
19 | be reimbursed for their reasonable travel expenses from funds | ||||||
20 | available for that purpose. The Department of Commerce and | ||||||
21 | Economic Opportunity shall provide staff and administrative | ||||||
22 | support services to the Board. | ||||||
23 | (c) The Board must make recommendations to the Department | ||||||
24 | of Commerce and Economic Opportunity concerning the award of | ||||||
25 | grants from amounts appropriated to the Department from the | ||||||
26 | Depressed Communities Economic Development Fund, a special |
| |||||||
| |||||||
1 | fund created in the State treasury. The Department must make | ||||||
2 | grants to public or private entities submitting proposals to | ||||||
3 | the Board to revitalize an Illinois depressed community. Grants | ||||||
4 | may be used by these entities only for those purposes | ||||||
5 | conditioned with the grant. For the purposes of this subsection | ||||||
6 | (c), plans for revitalizing an Illinois depressed community | ||||||
7 | include plans intended to curb high levels of poverty, | ||||||
8 | unemployment, job and population loss, and general distress. An | ||||||
9 | Illinois depressed community is an area where the poverty rate, | ||||||
10 | as determined by using the most recent data released by the | ||||||
11 | United States Census Bureau, is at least 3% greater than the | ||||||
12 | State poverty rate as determined by using the most recent data | ||||||
13 | released by the United States Census Bureau.
| ||||||
14 | Section 90-10. The Department of Revenue Law of the
Civil | ||||||
15 | Administrative Code of Illinois is amended by changing Section | ||||||
16 | 2505-305 as follows:
| ||||||
17 | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
| ||||||
18 | Sec. 2505-305. Investigators.
| ||||||
19 | (a) The Department has the power to
appoint investigators | ||||||
20 | to conduct all investigations,
searches, seizures, arrests, | ||||||
21 | and other duties imposed under the provisions
of any law | ||||||
22 | administered by the Department.
Except as provided in | ||||||
23 | subsection (c), these investigators have
and
may exercise all | ||||||
24 | the powers of peace officers solely for the purpose of
|
| |||||||
| |||||||
1 | enforcing taxing measures administered by the Department.
| ||||||
2 | (b) The Director must authorize to each investigator | ||||||
3 | employed under this
Section and
to any other employee of the | ||||||
4 | Department exercising the powers of a peace
officer a
distinct | ||||||
5 | badge that, on its face, (i) clearly states that the badge is
| ||||||
6 | authorized
by the
Department and (ii)
contains a unique | ||||||
7 | identifying number.
No other badge shall be authorized by
the | ||||||
8 | Department.
| ||||||
9 | (c) The Department may enter into agreements with the | ||||||
10 | Illinois Gaming Board providing that investigators appointed | ||||||
11 | under this Section shall exercise the peace officer powers set | ||||||
12 | forth in paragraph (20.6) of subsection (c) of Section 5 of the | ||||||
13 | Illinois Riverboat Gambling Act.
| ||||||
14 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
15 | Section 90-12. The Illinois State Auditing Act is amended | ||||||
16 | by changing Section 3-1 as follows:
| ||||||
17 | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
| ||||||
18 | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | ||||||
19 | General has
jurisdiction over all State agencies to make post | ||||||
20 | audits and investigations
authorized by or under this Act or | ||||||
21 | the Constitution.
| ||||||
22 | The Auditor General has jurisdiction over local government | ||||||
23 | agencies
and private agencies only:
| ||||||
24 | (a) to make such post audits authorized by or under |
| |||||||
| |||||||
1 | this Act as are
necessary and incidental to a post audit of | ||||||
2 | a State agency or of a
program administered by a State | ||||||
3 | agency involving public funds of the
State, but this | ||||||
4 | jurisdiction does not include any authority to review
local | ||||||
5 | governmental agencies in the obligation, receipt, | ||||||
6 | expenditure or
use of public funds of the State that are | ||||||
7 | granted without limitation or
condition imposed by law, | ||||||
8 | other than the general limitation that such
funds be used | ||||||
9 | for public purposes;
| ||||||
10 | (b) to make investigations authorized by or under this | ||||||
11 | Act or the
Constitution; and
| ||||||
12 | (c) to make audits of the records of local government | ||||||
13 | agencies to verify
actual costs of state-mandated programs | ||||||
14 | when directed to do so by the
Legislative Audit Commission | ||||||
15 | at the request of the State Board of Appeals
under the | ||||||
16 | State Mandates Act.
| ||||||
17 | In addition to the foregoing, the Auditor General may | ||||||
18 | conduct an
audit of the Metropolitan Pier and Exposition | ||||||
19 | Authority, the
Regional Transportation Authority, the Suburban | ||||||
20 | Bus Division, the Commuter
Rail Division and the Chicago | ||||||
21 | Transit Authority and any other subsidized
carrier when | ||||||
22 | authorized by the Legislative Audit Commission. Such audit
may | ||||||
23 | be a financial, management or program audit, or any combination | ||||||
24 | thereof.
| ||||||
25 | The audit shall determine whether they are operating in | ||||||
26 | accordance with
all applicable laws and regulations. Subject to |
| |||||||
| |||||||
1 | the limitations of this
Act, the Legislative Audit Commission | ||||||
2 | may by resolution specify additional
determinations to be | ||||||
3 | included in the scope of the audit.
| ||||||
4 | In addition to the foregoing, the Auditor General must also | ||||||
5 | conduct a
financial audit of
the Illinois Sports Facilities | ||||||
6 | Authority's expenditures of public funds in
connection with the | ||||||
7 | reconstruction, renovation, remodeling, extension, or
| ||||||
8 | improvement of all or substantially all of any existing | ||||||
9 | "facility", as that
term is defined in the Illinois Sports | ||||||
10 | Facilities Authority Act.
| ||||||
11 | The Auditor General may also conduct an audit, when | ||||||
12 | authorized by
the Legislative Audit Commission, of any hospital | ||||||
13 | which receives 10% or
more of its gross revenues from payments | ||||||
14 | from the State of Illinois,
Department of Healthcare and Family | ||||||
15 | Services (formerly Department of Public Aid), Medical | ||||||
16 | Assistance Program.
| ||||||
17 | The Auditor General is authorized to conduct financial and | ||||||
18 | compliance
audits of the Illinois Distance Learning Foundation | ||||||
19 | and the Illinois
Conservation Foundation.
| ||||||
20 | As soon as practical after the effective date of this | ||||||
21 | amendatory Act of
1995, the Auditor General shall conduct a | ||||||
22 | compliance and management audit of
the City of
Chicago and any | ||||||
23 | other entity with regard to the operation of Chicago O'Hare
| ||||||
24 | International Airport, Chicago Midway Airport and Merrill C. | ||||||
25 | Meigs Field. The
audit shall include, but not be limited to, an | ||||||
26 | examination of revenues,
expenses, and transfers of funds; |
| |||||||
| |||||||
1 | purchasing and contracting policies and
practices; staffing | ||||||
2 | levels; and hiring practices and procedures. When
completed, | ||||||
3 | the audit required by this paragraph shall be distributed in
| ||||||
4 | accordance with Section 3-14.
| ||||||
5 | The Auditor General shall conduct a financial and | ||||||
6 | compliance and program
audit of distributions from the | ||||||
7 | Municipal Economic Development Fund
during the immediately | ||||||
8 | preceding calendar year pursuant to Section 8-403.1 of
the | ||||||
9 | Public Utilities Act at no cost to the city, village, or | ||||||
10 | incorporated town
that received the distributions.
| ||||||
11 | The Auditor General must conduct an audit of the Health | ||||||
12 | Facilities and Services Review Board pursuant to Section 19.5 | ||||||
13 | of the Illinois Health Facilities Planning
Act.
| ||||||
14 | The Auditor General must conduct an audit of the Chicago | ||||||
15 | Casino Development Authority pursuant to Section 1-60 of the | ||||||
16 | Chicago Casino Development Authority Act. | ||||||
17 | The Auditor General of the State of Illinois shall annually | ||||||
18 | conduct or
cause to be conducted a financial and compliance | ||||||
19 | audit of the books and records
of any county water commission | ||||||
20 | organized pursuant to the Water Commission Act
of 1985 and | ||||||
21 | shall file a copy of the report of that audit with the Governor | ||||||
22 | and
the Legislative Audit Commission. The filed audit shall be | ||||||
23 | open to the public
for inspection. The cost of the audit shall | ||||||
24 | be charged to the county water
commission in accordance with | ||||||
25 | Section 6z-27 of the State Finance Act. The
county water | ||||||
26 | commission shall make available to the Auditor General its |
| |||||||
| |||||||
1 | books
and records and any other documentation, whether in the | ||||||
2 | possession of its
trustees or other parties, necessary to | ||||||
3 | conduct the audit required. These
audit requirements apply only | ||||||
4 | through July 1, 2007.
| ||||||
5 | The Auditor General must conduct audits of the Rend Lake | ||||||
6 | Conservancy
District as provided in Section 25.5 of the River | ||||||
7 | Conservancy Districts Act.
| ||||||
8 | The Auditor General must conduct financial audits of the | ||||||
9 | Southeastern Illinois Economic Development Authority as | ||||||
10 | provided in Section 70 of the Southeastern Illinois Economic | ||||||
11 | Development Authority Act.
| ||||||
12 | The Auditor General shall conduct a compliance audit in | ||||||
13 | accordance with subsections (d) and (f) of Section 30 of the | ||||||
14 | Innovation Development and Economy Act. | ||||||
15 | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; | ||||||
16 | 96-939, eff. 6-24-10.)
| ||||||
17 | Section 90-15. The State Finance Act is amended by adding | ||||||
18 | Sections 5.786, 5.787, 5.788, and 6z-79 and by changing Section | ||||||
19 | 6z-77 as follows:
| ||||||
20 | (30 ILCS 105/5.786 new) | ||||||
21 | Sec. 5.786. The State and County Fair Assistance Fund.
| ||||||
22 | (30 ILCS 105/5.787 new) | ||||||
23 | Sec. 5.787. The Depressed Communities Economic Development |
| |||||||
| |||||||
1 | Fund.
| ||||||
2 | (30 ILCS 105/5.788 new) | ||||||
3 | Sec. 5.788. The Gaming Facilities Fee Revenue Fund.
| ||||||
4 | (30 ILCS 105/6z-77) | ||||||
5 | Sec. 6z-77. The Capital Projects Fund. | ||||||
6 | (a) The Capital Projects Fund is created as a special fund | ||||||
7 | in the State Treasury. The State Comptroller and State | ||||||
8 | Treasurer shall transfer from the Capital Projects Fund to the | ||||||
9 | General Revenue Fund $61,294,550 on October 1, 2009, | ||||||
10 | $122,589,100 on January 1, 2010, and $61,294,550 on April 1, | ||||||
11 | 2010. Beginning on July 1, 2010, and on July 1 and January 1 of | ||||||
12 | each year thereafter, the State Comptroller and State Treasurer | ||||||
13 | shall transfer the sum of $122,589,100 from the Capital | ||||||
14 | Projects Fund to the General Revenue Fund. | ||||||
15 | (b) Subject to appropriation, the Capital Projects Fund may | ||||||
16 | be used only for capital projects and the payment of debt | ||||||
17 | service on bonds issued for capital projects. All interest | ||||||
18 | earned on moneys in the Fund shall be deposited into the Fund. | ||||||
19 | The Fund shall not be subject to administrative charges or | ||||||
20 | chargebacks, such as but not limited to those authorized under | ||||||
21 | Section 8h.
| ||||||
22 | (c) Annually, the Governor's Office of Management and | ||||||
23 | Budget shall determine if revenues deposited into the Fund in | ||||||
24 | the fiscal year are expected to exceed the amount needed in the |
| |||||||
| |||||||
1 | fiscal year for capital projects and the payment of debt | ||||||
2 | service on bonds issued for capital projects. If any such | ||||||
3 | excess amount exists, then on April 1 or as soon thereafter as | ||||||
4 | practical, the Governor's Office of Management and Budget shall | ||||||
5 | certify such amount, accompanied by a description of the | ||||||
6 | process by which the amount was calculated, to the State | ||||||
7 | Comptroller and the State Treasurer. Within 15 days after the | ||||||
8 | receipt of the certification required by this subsection (c), | ||||||
9 | the State Comptroller and the State Treasurer shall transfer | ||||||
10 | that amount from the Capital Projects Fund to the Education | ||||||
11 | Assistance Fund, except that the amount transferred to the | ||||||
12 | Education Assistance Fund pursuant to this subsection (c) shall | ||||||
13 | not exceed the estimated amount of revenues that will be | ||||||
14 | deposited into the Fund pursuant to Sections 12 and 13 of the | ||||||
15 | Illinois Gambling Act in the fiscal year. | ||||||
16 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
17 | (30 ILCS 105/6z-79 new) | ||||||
18 | Sec. 6z-79. The Gaming Facilities Fee Revenue Fund. | ||||||
19 | (a) The Gaming Facilities Fee Revenue Fund is created as a | ||||||
20 | special fund in the State treasury. | ||||||
21 | (b) Fifty percent of revenues in the Fund shall be | ||||||
22 | transferred to the Capital Projects Fund for capital projects. | ||||||
23 | The remaining fifty percent of revenues in the Fund shall be | ||||||
24 | used, subject to appropriation, by the Comptroller solely for | ||||||
25 | the purpose of payment of vouchers that are outstanding for |
| |||||||
| |||||||
1 | more than 60 days. Whenever practical, the Comptroller must | ||||||
2 | prioritize voucher payments for expenses related to medical | ||||||
3 | assistance under the Illinois Public Aid Code, the Children's | ||||||
4 | Health Insurance Program Act, the Covering ALL KIDS Health | ||||||
5 | Insurance Act, and the Senior Citizens and Disabled Persons | ||||||
6 | Property Tax Relief and Pharmaceutical Assistance Act. | ||||||
7 | (c) The Fund shall consist of fee revenues received | ||||||
8 | pursuant to subsections (e-5) and (e-10) of Section 7 and | ||||||
9 | subsections (b) and (c) of Section 7.6 of the Illinois Gambling | ||||||
10 | Act. All interest earned on moneys in the Fund shall be | ||||||
11 | deposited into the Fund. | ||||||
12 | (d) The Fund shall not be subject to administrative charges | ||||||
13 | or chargebacks, including, but not limited to, those authorized | ||||||
14 | under subsection (h) of Section 8 of this Act.
| ||||||
15 | Section 90-20. The Illinois Income Tax Act is amended by | ||||||
16 | changing Section 201 as follows:
| ||||||
17 | (35 ILCS 5/201) (from Ch. 120, par. 2-201) | ||||||
18 | Sec. 201. Tax Imposed. | ||||||
19 | (a) In general. A tax measured by net income is hereby | ||||||
20 | imposed on every
individual, corporation, trust and estate for | ||||||
21 | each taxable year ending
after July 31, 1969 on the privilege | ||||||
22 | of earning or receiving income in or
as a resident of this | ||||||
23 | State. Such tax shall be in addition to all other
occupation or | ||||||
24 | privilege taxes imposed by this State or by any municipal
|
| |||||||
| |||||||
1 | corporation or political subdivision thereof. | ||||||
2 | (b) Rates. The tax imposed by subsection (a) of this | ||||||
3 | Section shall be
determined as follows, except as adjusted by | ||||||
4 | subsection (d-1): | ||||||
5 | (1) In the case of an individual, trust or estate, for | ||||||
6 | taxable years
ending prior to July 1, 1989, an amount equal | ||||||
7 | to 2 1/2% of the taxpayer's
net income for the taxable | ||||||
8 | year. | ||||||
9 | (2) In the case of an individual, trust or estate, for | ||||||
10 | taxable years
beginning prior to July 1, 1989 and ending | ||||||
11 | after June 30, 1989, an amount
equal to the sum of (i) 2 | ||||||
12 | 1/2% of the taxpayer's net income for the period
prior to | ||||||
13 | July 1, 1989, as calculated under Section 202.3, and (ii) | ||||||
14 | 3% of the
taxpayer's net income for the period after June | ||||||
15 | 30, 1989, as calculated
under Section 202.3. | ||||||
16 | (3) In the case of an individual, trust or estate, for | ||||||
17 | taxable years
beginning after June 30, 1989, an amount | ||||||
18 | equal to 3% of the taxpayer's net
income for the taxable | ||||||
19 | year. | ||||||
20 | (4) (Blank). | ||||||
21 | (5) (Blank). | ||||||
22 | (6) In the case of a corporation, for taxable years
| ||||||
23 | ending prior to July 1, 1989, an amount equal to 4% of the
| ||||||
24 | taxpayer's net income for the taxable year. | ||||||
25 | (7) In the case of a corporation, for taxable years | ||||||
26 | beginning prior to
July 1, 1989 and ending after June 30, |
| |||||||
| |||||||
1 | 1989, an amount equal to the sum of
(i) 4% of the | ||||||
2 | taxpayer's net income for the period prior to July 1, 1989,
| ||||||
3 | as calculated under Section 202.3, and (ii) 4.8% of the | ||||||
4 | taxpayer's net
income for the period after June 30, 1989, | ||||||
5 | as calculated under Section
202.3. | ||||||
6 | (8) In the case of a corporation, for taxable years | ||||||
7 | beginning after
June 30, 1989, an amount equal to 4.8% of | ||||||
8 | the taxpayer's net income for the
taxable year. | ||||||
9 | (b-5) Surcharge; sale or exchange of assets, properties, | ||||||
10 | and intangibles of gaming licensees. For each of taxable years | ||||||
11 | 2010 through 2019, a surcharge is imposed on all taxpayers on | ||||||
12 | income arising from the sale or exchange of capital assets, | ||||||
13 | depreciable business property, real property used in the trade | ||||||
14 | or business, and Section 197 intangibles (i) of an organization | ||||||
15 | licensee under the Illinois Horse Racing Act of 1975 and (ii) | ||||||
16 | of an owners licensee or an electronic gaming licensee under | ||||||
17 | the Illinois Gambling Act. The amount of the surcharge is equal | ||||||
18 | to the amount of federal income tax liability for the taxable | ||||||
19 | year attributable to those sales and exchanges. The surcharge | ||||||
20 | imposed shall not apply if: | ||||||
21 | (1) the owners license, electronic gaming license, | ||||||
22 | organization license, or race track property is | ||||||
23 | transferred as a result of any of the following: | ||||||
24 | (A) bankruptcy, a receivership, or a debt | ||||||
25 | adjustment initiated by or against the initial | ||||||
26 | licensee or the substantial owners of the initial |
| |||||||
| |||||||
1 | licensee; | ||||||
2 | (B) cancellation, revocation, or termination of | ||||||
3 | any such license by the Illinois Gaming Board or the | ||||||
4 | Illinois Racing Board; | ||||||
5 | (C) a determination by the Illinois Gaming Board | ||||||
6 | that transfer of the license is in the best interests | ||||||
7 | of Illinois gaming; | ||||||
8 | (D) the death of an owner of the equity interest in | ||||||
9 | a licensee; | ||||||
10 | (E) the acquisition of a controlling interest in | ||||||
11 | the stock or substantially all of the assets of a | ||||||
12 | publicly traded company; | ||||||
13 | (F) a transfer by a parent company to a wholly | ||||||
14 | owned subsidiary; or | ||||||
15 | (G) the transfer or sale to or by one person to | ||||||
16 | another person where both persons were initial owners | ||||||
17 | of the license when the license was issued; or | ||||||
18 | (2) the controlling interest in the owners license, | ||||||
19 | electronic gaming license, organization license, or race | ||||||
20 | track property is transferred in a transaction to lineal | ||||||
21 | descendants in which no gain or loss is recognized or as a | ||||||
22 | result of a transaction in accordance with Section 351 of | ||||||
23 | the Internal Revenue Code in which no gain or loss is | ||||||
24 | recognized. | ||||||
25 | (3) the owners license, electronic gaming license, | ||||||
26 | organization license, or race track property is |
| |||||||
| |||||||
1 | transferred, sold, or exchanged pursuant to an executed | ||||||
2 | purchase agreement initially submitted to the Illinois | ||||||
3 | Gaming Board for consideration on or before October 1, | ||||||
4 | 2010, regardless of whether such purchase agreement is | ||||||
5 | subsequently amended or modified. | ||||||
6 | The transfer of an electronic gaming license, organization | ||||||
7 | license, or race track property by a person other than the | ||||||
8 | initial licensee to receive the electronic gaming license is | ||||||
9 | not subject to a surcharge. The Department shall adopt rules | ||||||
10 | necessary to implement and administer this subsection. | ||||||
11 | (c) Personal Property Tax Replacement Income Tax.
| ||||||
12 | Beginning on July 1, 1979 and thereafter, in addition to such | ||||||
13 | income
tax, there is also hereby imposed the Personal Property | ||||||
14 | Tax Replacement
Income Tax measured by net income on every | ||||||
15 | corporation (including Subchapter
S corporations), partnership | ||||||
16 | and trust, for each taxable year ending after
June 30, 1979. | ||||||
17 | Such taxes are imposed on the privilege of earning or
receiving | ||||||
18 | income in or as a resident of this State. The Personal Property
| ||||||
19 | Tax Replacement Income Tax shall be in addition to the income | ||||||
20 | tax imposed
by subsections (a) and (b) of this Section and in | ||||||
21 | addition to all other
occupation or privilege taxes imposed by | ||||||
22 | this State or by any municipal
corporation or political | ||||||
23 | subdivision thereof. | ||||||
24 | (d) Additional Personal Property Tax Replacement Income | ||||||
25 | Tax Rates.
The personal property tax replacement income tax | ||||||
26 | imposed by this subsection
and subsection (c) of this Section |
| |||||||
| |||||||
1 | in the case of a corporation, other
than a Subchapter S | ||||||
2 | corporation and except as adjusted by subsection (d-1),
shall | ||||||
3 | be an additional amount equal to
2.85% of such taxpayer's net | ||||||
4 | income for the taxable year, except that
beginning on January | ||||||
5 | 1, 1981, and thereafter, the rate of 2.85% specified
in this | ||||||
6 | subsection shall be reduced to 2.5%, and in the case of a
| ||||||
7 | partnership, trust or a Subchapter S corporation shall be an | ||||||
8 | additional
amount equal to 1.5% of such taxpayer's net income | ||||||
9 | for the taxable year. | ||||||
10 | (d-1) Rate reduction for certain foreign insurers. In the | ||||||
11 | case of a
foreign insurer, as defined by Section 35A-5 of the | ||||||
12 | Illinois Insurance Code,
whose state or country of domicile | ||||||
13 | imposes on insurers domiciled in Illinois
a retaliatory tax | ||||||
14 | (excluding any insurer
whose premiums from reinsurance assumed | ||||||
15 | are 50% or more of its total insurance
premiums as determined | ||||||
16 | under paragraph (2) of subsection (b) of Section 304,
except | ||||||
17 | that for purposes of this determination premiums from | ||||||
18 | reinsurance do
not include premiums from inter-affiliate | ||||||
19 | reinsurance arrangements),
beginning with taxable years ending | ||||||
20 | on or after December 31, 1999,
the sum of
the rates of tax | ||||||
21 | imposed by subsections (b) and (d) shall be reduced (but not
| ||||||
22 | increased) to the rate at which the total amount of tax imposed | ||||||
23 | under this Act,
net of all credits allowed under this Act, | ||||||
24 | shall equal (i) the total amount of
tax that would be imposed | ||||||
25 | on the foreign insurer's net income allocable to
Illinois for | ||||||
26 | the taxable year by such foreign insurer's state or country of
|
| |||||||
| |||||||
1 | domicile if that net income were subject to all income taxes | ||||||
2 | and taxes
measured by net income imposed by such foreign | ||||||
3 | insurer's state or country of
domicile, net of all credits | ||||||
4 | allowed or (ii) a rate of zero if no such tax is
imposed on such | ||||||
5 | income by the foreign insurer's state of domicile.
For the | ||||||
6 | purposes of this subsection (d-1), an inter-affiliate includes | ||||||
7 | a
mutual insurer under common management. | ||||||
8 | (1) For the purposes of subsection (d-1), in no event | ||||||
9 | shall the sum of the
rates of tax imposed by subsections | ||||||
10 | (b) and (d) be reduced below the rate at
which the sum of: | ||||||
11 | (A) the total amount of tax imposed on such foreign | ||||||
12 | insurer under
this Act for a taxable year, net of all | ||||||
13 | credits allowed under this Act, plus | ||||||
14 | (B) the privilege tax imposed by Section 409 of the | ||||||
15 | Illinois Insurance
Code, the fire insurance company | ||||||
16 | tax imposed by Section 12 of the Fire
Investigation | ||||||
17 | Act, and the fire department taxes imposed under | ||||||
18 | Section 11-10-1
of the Illinois Municipal Code, | ||||||
19 | equals 1.25% for taxable years ending prior to December 31, | ||||||
20 | 2003, or
1.75% for taxable years ending on or after | ||||||
21 | December 31, 2003, of the net
taxable premiums written for | ||||||
22 | the taxable year,
as described by subsection (1) of Section | ||||||
23 | 409 of the Illinois Insurance Code.
This paragraph will in | ||||||
24 | no event increase the rates imposed under subsections
(b) | ||||||
25 | and (d). | ||||||
26 | (2) Any reduction in the rates of tax imposed by this |
| |||||||
| |||||||
1 | subsection shall be
applied first against the rates imposed | ||||||
2 | by subsection (b) and only after the
tax imposed by | ||||||
3 | subsection (a) net of all credits allowed under this | ||||||
4 | Section
other than the credit allowed under subsection (i) | ||||||
5 | has been reduced to zero,
against the rates imposed by | ||||||
6 | subsection (d). | ||||||
7 | This subsection (d-1) is exempt from the provisions of | ||||||
8 | Section 250. | ||||||
9 | (e) Investment credit. A taxpayer shall be allowed a credit
| ||||||
10 | against the Personal Property Tax Replacement Income Tax for
| ||||||
11 | investment in qualified property. | ||||||
12 | (1) A taxpayer shall be allowed a credit equal to .5% | ||||||
13 | of
the basis of qualified property placed in service during | ||||||
14 | the taxable year,
provided such property is placed in | ||||||
15 | service on or after
July 1, 1984. There shall be allowed an | ||||||
16 | additional credit equal
to .5% of the basis of qualified | ||||||
17 | property placed in service during the
taxable year, | ||||||
18 | provided such property is placed in service on or
after | ||||||
19 | July 1, 1986, and the taxpayer's base employment
within | ||||||
20 | Illinois has increased by 1% or more over the preceding | ||||||
21 | year as
determined by the taxpayer's employment records | ||||||
22 | filed with the
Illinois Department of Employment Security. | ||||||
23 | Taxpayers who are new to
Illinois shall be deemed to have | ||||||
24 | met the 1% growth in base employment for
the first year in | ||||||
25 | which they file employment records with the Illinois
| ||||||
26 | Department of Employment Security. The provisions added to |
| |||||||
| |||||||
1 | this Section by
Public Act 85-1200 (and restored by Public | ||||||
2 | Act 87-895) shall be
construed as declaratory of existing | ||||||
3 | law and not as a new enactment. If,
in any year, the | ||||||
4 | increase in base employment within Illinois over the
| ||||||
5 | preceding year is less than 1%, the additional credit shall | ||||||
6 | be limited to that
percentage times a fraction, the | ||||||
7 | numerator of which is .5% and the denominator
of which is | ||||||
8 | 1%, but shall not exceed .5%. The investment credit shall | ||||||
9 | not be
allowed to the extent that it would reduce a | ||||||
10 | taxpayer's liability in any tax
year below zero, nor may | ||||||
11 | any credit for qualified property be allowed for any
year | ||||||
12 | other than the year in which the property was placed in | ||||||
13 | service in
Illinois. For tax years ending on or after | ||||||
14 | December 31, 1987, and on or
before December 31, 1988, the | ||||||
15 | credit shall be allowed for the tax year in
which the | ||||||
16 | property is placed in service, or, if the amount of the | ||||||
17 | credit
exceeds the tax liability for that year, whether it | ||||||
18 | exceeds the original
liability or the liability as later | ||||||
19 | amended, such excess may be carried
forward and applied to | ||||||
20 | the tax liability of the 5 taxable years following
the | ||||||
21 | excess credit years if the taxpayer (i) makes investments | ||||||
22 | which cause
the creation of a minimum of 2,000 full-time | ||||||
23 | equivalent jobs in Illinois,
(ii) is located in an | ||||||
24 | enterprise zone established pursuant to the Illinois
| ||||||
25 | Enterprise Zone Act and (iii) is certified by the | ||||||
26 | Department of Commerce
and Community Affairs (now |
| |||||||
| |||||||
1 | Department of Commerce and Economic Opportunity) as | ||||||
2 | complying with the requirements specified in
clause (i) and | ||||||
3 | (ii) by July 1, 1986. The Department of Commerce and
| ||||||
4 | Community Affairs (now Department of Commerce and Economic | ||||||
5 | Opportunity) shall notify the Department of Revenue of all | ||||||
6 | such
certifications immediately. For tax years ending | ||||||
7 | after December 31, 1988,
the credit shall be allowed for | ||||||
8 | the tax year in which the property is
placed in service, | ||||||
9 | or, if the amount of the credit exceeds the tax
liability | ||||||
10 | for that year, whether it exceeds the original liability or | ||||||
11 | the
liability as later amended, such excess may be carried | ||||||
12 | forward and applied
to the tax liability of the 5 taxable | ||||||
13 | years following the excess credit
years. The credit shall | ||||||
14 | be applied to the earliest year for which there is
a | ||||||
15 | liability. If there is credit from more than one tax year | ||||||
16 | that is
available to offset a liability, earlier credit | ||||||
17 | shall be applied first. | ||||||
18 | (2) The term "qualified property" means property | ||||||
19 | which: | ||||||
20 | (A) is tangible, whether new or used, including | ||||||
21 | buildings and structural
components of buildings and | ||||||
22 | signs that are real property, but not including
land or | ||||||
23 | improvements to real property that are not a structural | ||||||
24 | component of a
building such as landscaping, sewer | ||||||
25 | lines, local access roads, fencing, parking
lots, and | ||||||
26 | other appurtenances; |
| |||||||
| |||||||
1 | (B) is depreciable pursuant to Section 167 of the | ||||||
2 | Internal Revenue Code,
except that "3-year property" | ||||||
3 | as defined in Section 168(c)(2)(A) of that
Code is not | ||||||
4 | eligible for the credit provided by this subsection | ||||||
5 | (e); | ||||||
6 | (C) is acquired by purchase as defined in Section | ||||||
7 | 179(d) of
the Internal Revenue Code; | ||||||
8 | (D) is used in Illinois by a taxpayer who is | ||||||
9 | primarily engaged in
manufacturing, or in mining coal | ||||||
10 | or fluorite, or in retailing, or was placed in service | ||||||
11 | on or after July 1, 2006 in a River Edge Redevelopment | ||||||
12 | Zone established pursuant to the River Edge | ||||||
13 | Redevelopment Zone Act; and | ||||||
14 | (E) has not previously been used in Illinois in | ||||||
15 | such a manner and by
such a person as would qualify for | ||||||
16 | the credit provided by this subsection
(e) or | ||||||
17 | subsection (f). | ||||||
18 | (3) For purposes of this subsection (e), | ||||||
19 | "manufacturing" means
the material staging and production | ||||||
20 | of tangible personal property by
procedures commonly | ||||||
21 | regarded as manufacturing, processing, fabrication, or
| ||||||
22 | assembling which changes some existing material into new | ||||||
23 | shapes, new
qualities, or new combinations. For purposes of | ||||||
24 | this subsection
(e) the term "mining" shall have the same | ||||||
25 | meaning as the term "mining" in
Section 613(c) of the | ||||||
26 | Internal Revenue Code. For purposes of this subsection
(e), |
| |||||||
| |||||||
1 | the term "retailing" means the sale of tangible personal | ||||||
2 | property for use or consumption and not for resale, or
| ||||||
3 | services rendered in conjunction with the sale of tangible | ||||||
4 | personal property for use or consumption and not for | ||||||
5 | resale. For purposes of this subsection (e), "tangible | ||||||
6 | personal property" has the same meaning as when that term | ||||||
7 | is used in the Retailers' Occupation Tax Act, and, for | ||||||
8 | taxable years ending after December 31, 2008, does not | ||||||
9 | include the generation, transmission, or distribution of | ||||||
10 | electricity. | ||||||
11 | (4) The basis of qualified property shall be the basis
| ||||||
12 | used to compute the depreciation deduction for federal | ||||||
13 | income tax purposes. | ||||||
14 | (5) If the basis of the property for federal income tax | ||||||
15 | depreciation
purposes is increased after it has been placed | ||||||
16 | in service in Illinois by
the taxpayer, the amount of such | ||||||
17 | increase shall be deemed property placed
in service on the | ||||||
18 | date of such increase in basis. | ||||||
19 | (6) The term "placed in service" shall have the same
| ||||||
20 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
21 | (7) If during any taxable year, any property ceases to
| ||||||
22 | be qualified property in the hands of the taxpayer within | ||||||
23 | 48 months after
being placed in service, or the situs of | ||||||
24 | any qualified property is
moved outside Illinois within 48 | ||||||
25 | months after being placed in service, the
Personal Property | ||||||
26 | Tax Replacement Income Tax for such taxable year shall be
|
| |||||||
| |||||||
1 | increased. Such increase shall be determined by (i) | ||||||
2 | recomputing the
investment credit which would have been | ||||||
3 | allowed for the year in which
credit for such property was | ||||||
4 | originally allowed by eliminating such
property from such | ||||||
5 | computation and, (ii) subtracting such recomputed credit
| ||||||
6 | from the amount of credit previously allowed. For the | ||||||
7 | purposes of this
paragraph (7), a reduction of the basis of | ||||||
8 | qualified property resulting
from a redetermination of the | ||||||
9 | purchase price shall be deemed a disposition
of qualified | ||||||
10 | property to the extent of such reduction. | ||||||
11 | (8) Unless the investment credit is extended by law, | ||||||
12 | the
basis of qualified property shall not include costs | ||||||
13 | incurred after
December 31, 2013, except for costs incurred | ||||||
14 | pursuant to a binding
contract entered into on or before | ||||||
15 | December 31, 2013. | ||||||
16 | (9) Each taxable year ending before December 31, 2000, | ||||||
17 | a partnership may
elect to pass through to its
partners the | ||||||
18 | credits to which the partnership is entitled under this | ||||||
19 | subsection
(e) for the taxable year. A partner may use the | ||||||
20 | credit allocated to him or her
under this paragraph only | ||||||
21 | against the tax imposed in subsections (c) and (d) of
this | ||||||
22 | Section. If the partnership makes that election, those | ||||||
23 | credits shall be
allocated among the partners in the | ||||||
24 | partnership in accordance with the rules
set forth in | ||||||
25 | Section 704(b) of the Internal Revenue Code, and the rules
| ||||||
26 | promulgated under that Section, and the allocated amount of |
| |||||||
| |||||||
1 | the credits shall
be allowed to the partners for that | ||||||
2 | taxable year. The partnership shall make
this election on | ||||||
3 | its Personal Property Tax Replacement Income Tax return for
| ||||||
4 | that taxable year. The election to pass through the credits | ||||||
5 | shall be
irrevocable. | ||||||
6 | For taxable years ending on or after December 31, 2000, | ||||||
7 | a
partner that qualifies its
partnership for a subtraction | ||||||
8 | under subparagraph (I) of paragraph (2) of
subsection (d) | ||||||
9 | of Section 203 or a shareholder that qualifies a Subchapter | ||||||
10 | S
corporation for a subtraction under subparagraph (S) of | ||||||
11 | paragraph (2) of
subsection (b) of Section 203 shall be | ||||||
12 | allowed a credit under this subsection
(e) equal to its | ||||||
13 | share of the credit earned under this subsection (e) during
| ||||||
14 | the taxable year by the partnership or Subchapter S | ||||||
15 | corporation, determined in
accordance with the | ||||||
16 | determination of income and distributive share of
income | ||||||
17 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
18 | Revenue
Code. This paragraph is exempt from the provisions | ||||||
19 | of Section 250. | ||||||
20 | (f) Investment credit; Enterprise Zone; River Edge | ||||||
21 | Redevelopment Zone. | ||||||
22 | (1) A taxpayer shall be allowed a credit against the | ||||||
23 | tax imposed
by subsections (a) and (b) of this Section for | ||||||
24 | investment in qualified
property which is placed in service | ||||||
25 | in an Enterprise Zone created
pursuant to the Illinois | ||||||
26 | Enterprise Zone Act or, for property placed in service on |
| |||||||
| |||||||
1 | or after July 1, 2006, a River Edge Redevelopment Zone | ||||||
2 | established pursuant to the River Edge Redevelopment Zone | ||||||
3 | Act. For partners, shareholders
of Subchapter S | ||||||
4 | corporations, and owners of limited liability companies,
| ||||||
5 | if the liability company is treated as a partnership for | ||||||
6 | purposes of
federal and State income taxation, there shall | ||||||
7 | be allowed a credit under
this subsection (f) to be | ||||||
8 | determined in accordance with the determination
of income | ||||||
9 | and distributive share of income under Sections 702 and 704 | ||||||
10 | and
Subchapter S of the Internal Revenue Code. The credit | ||||||
11 | shall be .5% of the
basis for such property. The credit | ||||||
12 | shall be available only in the taxable
year in which the | ||||||
13 | property is placed in service in the Enterprise Zone or | ||||||
14 | River Edge Redevelopment Zone and
shall not be allowed to | ||||||
15 | the extent that it would reduce a taxpayer's
liability for | ||||||
16 | the tax imposed by subsections (a) and (b) of this Section | ||||||
17 | to
below zero. For tax years ending on or after December | ||||||
18 | 31, 1985, the credit
shall be allowed for the tax year in | ||||||
19 | which the property is placed in
service, or, if the amount | ||||||
20 | of the credit exceeds the tax liability for that
year, | ||||||
21 | whether it exceeds the original liability or the liability | ||||||
22 | as later
amended, such excess may be carried forward and | ||||||
23 | applied to the tax
liability of the 5 taxable years | ||||||
24 | following the excess credit year.
The credit shall be | ||||||
25 | applied to the earliest year for which there is a
| ||||||
26 | liability. If there is credit from more than one tax year |
| |||||||
| |||||||
1 | that is available
to offset a liability, the credit | ||||||
2 | accruing first in time shall be applied
first. | ||||||
3 | (2) The term qualified property means property which: | ||||||
4 | (A) is tangible, whether new or used, including | ||||||
5 | buildings and
structural components of buildings; | ||||||
6 | (B) is depreciable pursuant to Section 167 of the | ||||||
7 | Internal Revenue
Code, except that "3-year property" | ||||||
8 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
9 | eligible for the credit provided by this subsection | ||||||
10 | (f); | ||||||
11 | (C) is acquired by purchase as defined in Section | ||||||
12 | 179(d) of
the Internal Revenue Code; | ||||||
13 | (D) is used in the Enterprise Zone or River Edge | ||||||
14 | Redevelopment Zone by the taxpayer; and | ||||||
15 | (E) has not been previously used in Illinois in | ||||||
16 | such a manner and by
such a person as would qualify for | ||||||
17 | the credit provided by this subsection
(f) or | ||||||
18 | subsection (e). | ||||||
19 | (3) The basis of qualified property shall be the basis | ||||||
20 | used to compute
the depreciation deduction for federal | ||||||
21 | income tax purposes. | ||||||
22 | (4) If the basis of the property for federal income tax | ||||||
23 | depreciation
purposes is increased after it has been placed | ||||||
24 | in service in the Enterprise
Zone or River Edge | ||||||
25 | Redevelopment Zone by the taxpayer, the amount of such | ||||||
26 | increase shall be deemed property
placed in service on the |
| |||||||
| |||||||
1 | date of such increase in basis. | ||||||
2 | (5) The term "placed in service" shall have the same | ||||||
3 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
4 | (6) If during any taxable year, any property ceases to | ||||||
5 | be qualified
property in the hands of the taxpayer within | ||||||
6 | 48 months after being placed
in service, or the situs of | ||||||
7 | any qualified property is moved outside the
Enterprise Zone | ||||||
8 | or River Edge Redevelopment Zone within 48 months after | ||||||
9 | being placed in service, the tax
imposed under subsections | ||||||
10 | (a) and (b) of this Section for such taxable year
shall be | ||||||
11 | increased. Such increase shall be determined by (i) | ||||||
12 | recomputing
the investment credit which would have been | ||||||
13 | allowed for the year in which
credit for such property was | ||||||
14 | originally allowed by eliminating such
property from such | ||||||
15 | computation, and (ii) subtracting such recomputed credit
| ||||||
16 | from the amount of credit previously allowed. For the | ||||||
17 | purposes of this
paragraph (6), a reduction of the basis of | ||||||
18 | qualified property resulting
from a redetermination of the | ||||||
19 | purchase price shall be deemed a disposition
of qualified | ||||||
20 | property to the extent of such reduction. | ||||||
21 | (7) There shall be allowed an additional credit equal | ||||||
22 | to 0.5% of the basis of qualified property placed in | ||||||
23 | service during the taxable year in a River Edge | ||||||
24 | Redevelopment Zone, provided such property is placed in | ||||||
25 | service on or after July 1, 2006, and the taxpayer's base | ||||||
26 | employment within Illinois has increased by 1% or more over |
| |||||||
| |||||||
1 | the preceding year as determined by the taxpayer's | ||||||
2 | employment records filed with the Illinois Department of | ||||||
3 | Employment Security. Taxpayers who are new to Illinois | ||||||
4 | shall be deemed to have met the 1% growth in base | ||||||
5 | employment for the first year in which they file employment | ||||||
6 | records with the Illinois Department of Employment | ||||||
7 | Security. If, in any year, the increase in base employment | ||||||
8 | within Illinois over the preceding year is less than 1%, | ||||||
9 | the additional credit shall be limited to that percentage | ||||||
10 | times a fraction, the numerator of which is 0.5% and the | ||||||
11 | denominator of which is 1%, but shall not exceed 0.5%.
| ||||||
12 | (g) Jobs Tax Credit; Enterprise Zone, River Edge | ||||||
13 | Redevelopment Zone, and Foreign Trade Zone or Sub-Zone. | ||||||
14 | (1) A taxpayer conducting a trade or business in an | ||||||
15 | enterprise zone
or a High Impact Business designated by the | ||||||
16 | Department of Commerce and
Economic Opportunity or for | ||||||
17 | taxable years ending on or after December 31, 2006, in a | ||||||
18 | River Edge Redevelopment Zone conducting a trade or | ||||||
19 | business in a federally designated
Foreign Trade Zone or | ||||||
20 | Sub-Zone shall be allowed a credit against the tax
imposed | ||||||
21 | by subsections (a) and (b) of this Section in the amount of | ||||||
22 | $500
per eligible employee hired to work in the zone during | ||||||
23 | the taxable year. | ||||||
24 | (2) To qualify for the credit: | ||||||
25 | (A) the taxpayer must hire 5 or more eligible | ||||||
26 | employees to work in an
enterprise zone, River Edge |
| |||||||
| |||||||
1 | Redevelopment Zone, or federally designated Foreign | ||||||
2 | Trade Zone or Sub-Zone
during the taxable year; | ||||||
3 | (B) the taxpayer's total employment within the | ||||||
4 | enterprise zone, River Edge Redevelopment Zone, or
| ||||||
5 | federally designated Foreign Trade Zone or Sub-Zone | ||||||
6 | must
increase by 5 or more full-time employees beyond | ||||||
7 | the total employed in that
zone at the end of the | ||||||
8 | previous tax year for which a jobs tax
credit under | ||||||
9 | this Section was taken, or beyond the total employed by | ||||||
10 | the
taxpayer as of December 31, 1985, whichever is | ||||||
11 | later; and | ||||||
12 | (C) the eligible employees must be employed 180 | ||||||
13 | consecutive days in
order to be deemed hired for | ||||||
14 | purposes of this subsection. | ||||||
15 | (3) An "eligible employee" means an employee who is: | ||||||
16 | (A) Certified by the Department of Commerce and | ||||||
17 | Economic Opportunity
as "eligible for services" | ||||||
18 | pursuant to regulations promulgated in
accordance with | ||||||
19 | Title II of the Job Training Partnership Act, Training
| ||||||
20 | Services for the Disadvantaged or Title III of the Job | ||||||
21 | Training Partnership
Act, Employment and Training | ||||||
22 | Assistance for Dislocated Workers Program. | ||||||
23 | (B) Hired after the enterprise zone, River Edge | ||||||
24 | Redevelopment Zone, or federally designated Foreign
| ||||||
25 | Trade Zone or Sub-Zone was designated or the trade or
| ||||||
26 | business was located in that zone, whichever is later. |
| |||||||
| |||||||
1 | (C) Employed in the enterprise zone, River Edge | ||||||
2 | Redevelopment Zone, or Foreign Trade Zone or
Sub-Zone. | ||||||
3 | An employee is employed in an
enterprise zone or | ||||||
4 | federally designated Foreign Trade Zone or Sub-Zone
if | ||||||
5 | his services are rendered there or it is the base of
| ||||||
6 | operations for the services performed. | ||||||
7 | (D) A full-time employee working 30 or more hours | ||||||
8 | per week. | ||||||
9 | (4) For tax years ending on or after December 31, 1985 | ||||||
10 | and prior to
December 31, 1988, the credit shall be allowed | ||||||
11 | for the tax year in which
the eligible employees are hired. | ||||||
12 | For tax years ending on or after
December 31, 1988, the | ||||||
13 | credit shall be allowed for the tax year immediately
| ||||||
14 | following the tax year in which the eligible employees are | ||||||
15 | hired. If the
amount of the credit exceeds the tax | ||||||
16 | liability for that year, whether it
exceeds the original | ||||||
17 | liability or the liability as later amended, such
excess | ||||||
18 | may be carried forward and applied to the tax liability of | ||||||
19 | the 5
taxable years following the excess credit year. The | ||||||
20 | credit shall be
applied to the earliest year for which | ||||||
21 | there is a liability. If there is
credit from more than one | ||||||
22 | tax year that is available to offset a liability,
earlier | ||||||
23 | credit shall be applied first. | ||||||
24 | (5) The Department of Revenue shall promulgate such | ||||||
25 | rules and regulations
as may be deemed necessary to carry | ||||||
26 | out the purposes of this subsection (g). |
| |||||||
| |||||||
1 | (6) The credit shall be available for eligible | ||||||
2 | employees hired on or
after January 1, 1986. | ||||||
3 | (h) Investment credit; High Impact Business. | ||||||
4 | (1) Subject to subsections (b) and (b-5) of Section
5.5 | ||||||
5 | of the Illinois Enterprise Zone Act, a taxpayer shall be | ||||||
6 | allowed a credit
against the tax imposed by subsections (a) | ||||||
7 | and (b) of this Section for
investment in qualified
| ||||||
8 | property which is placed in service by a Department of | ||||||
9 | Commerce and Economic Opportunity
designated High Impact | ||||||
10 | Business. The credit shall be .5% of the basis
for such | ||||||
11 | property. The credit shall not be available (i) until the | ||||||
12 | minimum
investments in qualified property set forth in | ||||||
13 | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
| ||||||
14 | Enterprise Zone Act have been satisfied
or (ii) until the | ||||||
15 | time authorized in subsection (b-5) of the Illinois
| ||||||
16 | Enterprise Zone Act for entities designated as High Impact | ||||||
17 | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and | ||||||
18 | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone | ||||||
19 | Act, and shall not be allowed to the extent that it would
| ||||||
20 | reduce a taxpayer's liability for the tax imposed by | ||||||
21 | subsections (a) and (b) of
this Section to below zero. The | ||||||
22 | credit applicable to such investments shall be
taken in the | ||||||
23 | taxable year in which such investments have been completed. | ||||||
24 | The
credit for additional investments beyond the minimum | ||||||
25 | investment by a designated
high impact business authorized | ||||||
26 | under subdivision (a)(3)(A) of Section 5.5 of
the Illinois |
| |||||||
| |||||||
1 | Enterprise Zone Act shall be available only in the taxable | ||||||
2 | year in
which the property is placed in service and shall | ||||||
3 | not be allowed to the extent
that it would reduce a | ||||||
4 | taxpayer's liability for the tax imposed by subsections
(a) | ||||||
5 | and (b) of this Section to below zero.
For tax years ending | ||||||
6 | on or after December 31, 1987, the credit shall be
allowed | ||||||
7 | for the tax year in which the property is placed in | ||||||
8 | service, or, if
the amount of the credit exceeds the tax | ||||||
9 | liability for that year, whether
it exceeds the original | ||||||
10 | liability or the liability as later amended, such
excess | ||||||
11 | may be carried forward and applied to the tax liability of | ||||||
12 | the 5
taxable years following the excess credit year. The | ||||||
13 | credit shall be
applied to the earliest year for which | ||||||
14 | there is a liability. If there is
credit from more than one | ||||||
15 | tax year that is available to offset a liability,
the | ||||||
16 | credit accruing first in time shall be applied first. | ||||||
17 | Changes made in this subdivision (h)(1) by Public Act | ||||||
18 | 88-670
restore changes made by Public Act 85-1182 and | ||||||
19 | reflect existing law. | ||||||
20 | (2) The term qualified property means property which: | ||||||
21 | (A) is tangible, whether new or used, including | ||||||
22 | buildings and
structural components of buildings; | ||||||
23 | (B) is depreciable pursuant to Section 167 of the | ||||||
24 | Internal Revenue
Code, except that "3-year property" | ||||||
25 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
26 | eligible for the credit provided by this subsection |
| |||||||
| |||||||
1 | (h); | ||||||
2 | (C) is acquired by purchase as defined in Section | ||||||
3 | 179(d) of the
Internal Revenue Code; and | ||||||
4 | (D) is not eligible for the Enterprise Zone | ||||||
5 | Investment Credit provided
by subsection (f) of this | ||||||
6 | Section. | ||||||
7 | (3) The basis of qualified property shall be the basis | ||||||
8 | used to compute
the depreciation deduction for federal | ||||||
9 | income tax purposes. | ||||||
10 | (4) If the basis of the property for federal income tax | ||||||
11 | depreciation
purposes is increased after it has been placed | ||||||
12 | in service in a federally
designated Foreign Trade Zone or | ||||||
13 | Sub-Zone located in Illinois by the taxpayer,
the amount of | ||||||
14 | such increase shall be deemed property placed in service on
| ||||||
15 | the date of such increase in basis. | ||||||
16 | (5) The term "placed in service" shall have the same | ||||||
17 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
18 | (6) If during any taxable year ending on or before | ||||||
19 | December 31, 1996,
any property ceases to be qualified
| ||||||
20 | property in the hands of the taxpayer within 48 months | ||||||
21 | after being placed
in service, or the situs of any | ||||||
22 | qualified property is moved outside
Illinois within 48 | ||||||
23 | months after being placed in service, the tax imposed
under | ||||||
24 | subsections (a) and (b) of this Section for such taxable | ||||||
25 | year shall
be increased. Such increase shall be determined | ||||||
26 | by (i) recomputing the
investment credit which would have |
| |||||||
| |||||||
1 | been allowed for the year in which
credit for such property | ||||||
2 | was originally allowed by eliminating such
property from | ||||||
3 | such computation, and (ii) subtracting such recomputed | ||||||
4 | credit
from the amount of credit previously allowed. For | ||||||
5 | the purposes of this
paragraph (6), a reduction of the | ||||||
6 | basis of qualified property resulting
from a | ||||||
7 | redetermination of the purchase price shall be deemed a | ||||||
8 | disposition
of qualified property to the extent of such | ||||||
9 | reduction. | ||||||
10 | (7) Beginning with tax years ending after December 31, | ||||||
11 | 1996, if a
taxpayer qualifies for the credit under this | ||||||
12 | subsection (h) and thereby is
granted a tax abatement and | ||||||
13 | the taxpayer relocates its entire facility in
violation of | ||||||
14 | the explicit terms and length of the contract under Section
| ||||||
15 | 18-183 of the Property Tax Code, the tax imposed under | ||||||
16 | subsections
(a) and (b) of this Section shall be increased | ||||||
17 | for the taxable year
in which the taxpayer relocated its | ||||||
18 | facility by an amount equal to the
amount of credit | ||||||
19 | received by the taxpayer under this subsection (h). | ||||||
20 | (i) Credit for Personal Property Tax Replacement Income | ||||||
21 | Tax.
For tax years ending prior to December 31, 2003, a credit | ||||||
22 | shall be allowed
against the tax imposed by
subsections (a) and | ||||||
23 | (b) of this Section for the tax imposed by subsections (c)
and | ||||||
24 | (d) of this Section. This credit shall be computed by | ||||||
25 | multiplying the tax
imposed by subsections (c) and (d) of this | ||||||
26 | Section by a fraction, the numerator
of which is base income |
| |||||||
| |||||||
1 | allocable to Illinois and the denominator of which is
Illinois | ||||||
2 | base income, and further multiplying the product by the tax | ||||||
3 | rate
imposed by subsections (a) and (b) of this Section. | ||||||
4 | Any credit earned on or after December 31, 1986 under
this | ||||||
5 | subsection which is unused in the year
the credit is computed | ||||||
6 | because it exceeds the tax liability imposed by
subsections (a) | ||||||
7 | and (b) for that year (whether it exceeds the original
| ||||||
8 | liability or the liability as later amended) may be carried | ||||||
9 | forward and
applied to the tax liability imposed by subsections | ||||||
10 | (a) and (b) of the 5
taxable years following the excess credit | ||||||
11 | year, provided that no credit may
be carried forward to any | ||||||
12 | year ending on or
after December 31, 2003. This credit shall be
| ||||||
13 | applied first to the earliest year for which there is a | ||||||
14 | liability. If
there is a credit under this subsection from more | ||||||
15 | than one tax year that is
available to offset a liability the | ||||||
16 | earliest credit arising under this
subsection shall be applied | ||||||
17 | first. | ||||||
18 | If, during any taxable year ending on or after December 31, | ||||||
19 | 1986, the
tax imposed by subsections (c) and (d) of this | ||||||
20 | Section for which a taxpayer
has claimed a credit under this | ||||||
21 | subsection (i) is reduced, the amount of
credit for such tax | ||||||
22 | shall also be reduced. Such reduction shall be
determined by | ||||||
23 | recomputing the credit to take into account the reduced tax
| ||||||
24 | imposed by subsections (c) and (d). If any portion of the
| ||||||
25 | reduced amount of credit has been carried to a different | ||||||
26 | taxable year, an
amended return shall be filed for such taxable |
| |||||||
| |||||||
1 | year to reduce the amount of
credit claimed. | ||||||
2 | (j) Training expense credit. Beginning with tax years | ||||||
3 | ending on or
after December 31, 1986 and prior to December 31, | ||||||
4 | 2003, a taxpayer shall be
allowed a credit against the
tax | ||||||
5 | imposed by subsections (a) and (b) under this Section
for all | ||||||
6 | amounts paid or accrued, on behalf of all persons
employed by | ||||||
7 | the taxpayer in Illinois or Illinois residents employed
outside | ||||||
8 | of Illinois by a taxpayer, for educational or vocational | ||||||
9 | training in
semi-technical or technical fields or semi-skilled | ||||||
10 | or skilled fields, which
were deducted from gross income in the | ||||||
11 | computation of taxable income. The
credit against the tax | ||||||
12 | imposed by subsections (a) and (b) shall be 1.6% of
such | ||||||
13 | training expenses. For partners, shareholders of subchapter S
| ||||||
14 | corporations, and owners of limited liability companies, if the | ||||||
15 | liability
company is treated as a partnership for purposes of | ||||||
16 | federal and State income
taxation, there shall be allowed a | ||||||
17 | credit under this subsection (j) to be
determined in accordance | ||||||
18 | with the determination of income and distributive
share of | ||||||
19 | income under Sections 702 and 704 and subchapter S of the | ||||||
20 | Internal
Revenue Code. | ||||||
21 | Any credit allowed under this subsection which is unused in | ||||||
22 | the year
the credit is earned may be carried forward to each of | ||||||
23 | the 5 taxable
years following the year for which the credit is | ||||||
24 | first computed until it is
used. This credit shall be applied | ||||||
25 | first to the earliest year for which
there is a liability. If | ||||||
26 | there is a credit under this subsection from more
than one tax |
| |||||||
| |||||||
1 | year that is available to offset a liability the earliest
| ||||||
2 | credit arising under this subsection shall be applied first. No | ||||||
3 | carryforward
credit may be claimed in any tax year ending on or | ||||||
4 | after
December 31, 2003. | ||||||
5 | (k) Research and development credit. | ||||||
6 | For tax years ending after July 1, 1990 and prior to
| ||||||
7 | December 31, 2003, and beginning again for tax years ending on | ||||||
8 | or after December 31, 2004, and ending prior to January 1, | ||||||
9 | 2011, a taxpayer shall be
allowed a credit against the tax | ||||||
10 | imposed by subsections (a) and (b) of this
Section for | ||||||
11 | increasing research activities in this State. The credit
| ||||||
12 | allowed against the tax imposed by subsections (a) and (b) | ||||||
13 | shall be equal
to 6 1/2% of the qualifying expenditures for | ||||||
14 | increasing research activities
in this State. For partners, | ||||||
15 | shareholders of subchapter S corporations, and
owners of | ||||||
16 | limited liability companies, if the liability company is | ||||||
17 | treated as a
partnership for purposes of federal and State | ||||||
18 | income taxation, there shall be
allowed a credit under this | ||||||
19 | subsection to be determined in accordance with the
| ||||||
20 | determination of income and distributive share of income under | ||||||
21 | Sections 702 and
704 and subchapter S of the Internal Revenue | ||||||
22 | Code. | ||||||
23 | For purposes of this subsection, "qualifying expenditures" | ||||||
24 | means the
qualifying expenditures as defined for the federal | ||||||
25 | credit for increasing
research activities which would be | ||||||
26 | allowable under Section 41 of the
Internal Revenue Code and |
| |||||||
| |||||||
1 | which are conducted in this State, "qualifying
expenditures for | ||||||
2 | increasing research activities in this State" means the
excess | ||||||
3 | of qualifying expenditures for the taxable year in which | ||||||
4 | incurred
over qualifying expenditures for the base period, | ||||||
5 | "qualifying expenditures
for the base period" means the average | ||||||
6 | of the qualifying expenditures for
each year in the base | ||||||
7 | period, and "base period" means the 3 taxable years
immediately | ||||||
8 | preceding the taxable year for which the determination is
being | ||||||
9 | made. | ||||||
10 | Any credit in excess of the tax liability for the taxable | ||||||
11 | year
may be carried forward. A taxpayer may elect to have the
| ||||||
12 | unused credit shown on its final completed return carried over | ||||||
13 | as a credit
against the tax liability for the following 5 | ||||||
14 | taxable years or until it has
been fully used, whichever occurs | ||||||
15 | first; provided that no credit earned in a tax year ending | ||||||
16 | prior to December 31, 2003 may be carried forward to any year | ||||||
17 | ending on or after December 31, 2003, and no credit may be | ||||||
18 | carried forward to any taxable year ending on or after January | ||||||
19 | 1, 2011. | ||||||
20 | If an unused credit is carried forward to a given year from | ||||||
21 | 2 or more
earlier years, that credit arising in the earliest | ||||||
22 | year will be applied
first against the tax liability for the | ||||||
23 | given year. If a tax liability for
the given year still | ||||||
24 | remains, the credit from the next earliest year will
then be | ||||||
25 | applied, and so on, until all credits have been used or no tax
| ||||||
26 | liability for the given year remains. Any remaining unused |
| |||||||
| |||||||
1 | credit or
credits then will be carried forward to the next | ||||||
2 | following year in which a
tax liability is incurred, except | ||||||
3 | that no credit can be carried forward to
a year which is more | ||||||
4 | than 5 years after the year in which the expense for
which the | ||||||
5 | credit is given was incurred. | ||||||
6 | No inference shall be drawn from this amendatory Act of the | ||||||
7 | 91st General
Assembly in construing this Section for taxable | ||||||
8 | years beginning before January
1, 1999. | ||||||
9 | (l) Environmental Remediation Tax Credit. | ||||||
10 | (i) For tax years ending after December 31, 1997 and on | ||||||
11 | or before
December 31, 2001, a taxpayer shall be allowed a | ||||||
12 | credit against the tax
imposed by subsections (a) and (b) | ||||||
13 | of this Section for certain amounts paid
for unreimbursed | ||||||
14 | eligible remediation costs, as specified in this | ||||||
15 | subsection.
For purposes of this Section, "unreimbursed | ||||||
16 | eligible remediation costs" means
costs approved by the | ||||||
17 | Illinois Environmental Protection Agency ("Agency") under
| ||||||
18 | Section 58.14 of the Environmental Protection Act that were | ||||||
19 | paid in performing
environmental remediation at a site for | ||||||
20 | which a No Further Remediation Letter
was issued by the | ||||||
21 | Agency and recorded under Section 58.10 of the | ||||||
22 | Environmental
Protection Act. The credit must be claimed | ||||||
23 | for the taxable year in which
Agency approval of the | ||||||
24 | eligible remediation costs is granted. The credit is
not | ||||||
25 | available to any taxpayer if the taxpayer or any related | ||||||
26 | party caused or
contributed to, in any material respect, a |
| |||||||
| |||||||
1 | release of regulated substances on,
in, or under the site | ||||||
2 | that was identified and addressed by the remedial
action | ||||||
3 | pursuant to the Site Remediation Program of the | ||||||
4 | Environmental Protection
Act. After the Pollution Control | ||||||
5 | Board rules are adopted pursuant to the
Illinois | ||||||
6 | Administrative Procedure Act for the administration and | ||||||
7 | enforcement of
Section 58.9 of the Environmental | ||||||
8 | Protection Act, determinations as to credit
availability | ||||||
9 | for purposes of this Section shall be made consistent with | ||||||
10 | those
rules. For purposes of this Section, "taxpayer" | ||||||
11 | includes a person whose tax
attributes the taxpayer has | ||||||
12 | succeeded to under Section 381 of the Internal
Revenue Code | ||||||
13 | and "related party" includes the persons disallowed a | ||||||
14 | deduction
for losses by paragraphs (b), (c), and (f)(1) of | ||||||
15 | Section 267 of the Internal
Revenue Code by virtue of being | ||||||
16 | a related taxpayer, as well as any of its
partners. The | ||||||
17 | credit allowed against the tax imposed by subsections (a) | ||||||
18 | and
(b) shall be equal to 25% of the unreimbursed eligible | ||||||
19 | remediation costs in
excess of $100,000 per site, except | ||||||
20 | that the $100,000 threshold shall not apply
to any site | ||||||
21 | contained in an enterprise zone as determined by the | ||||||
22 | Department of
Commerce and Community Affairs (now | ||||||
23 | Department of Commerce and Economic Opportunity). The | ||||||
24 | total credit allowed shall not exceed
$40,000 per year with | ||||||
25 | a maximum total of $150,000 per site. For partners and
| ||||||
26 | shareholders of subchapter S corporations, there shall be |
| |||||||
| |||||||
1 | allowed a credit
under this subsection to be determined in | ||||||
2 | accordance with the determination of
income and | ||||||
3 | distributive share of income under Sections 702 and 704 and
| ||||||
4 | subchapter S of the Internal Revenue Code. | ||||||
5 | (ii) A credit allowed under this subsection that is | ||||||
6 | unused in the year
the credit is earned may be carried | ||||||
7 | forward to each of the 5 taxable years
following the year | ||||||
8 | for which the credit is first earned until it is used.
The | ||||||
9 | term "unused credit" does not include any amounts of | ||||||
10 | unreimbursed eligible
remediation costs in excess of the | ||||||
11 | maximum credit per site authorized under
paragraph (i). | ||||||
12 | This credit shall be applied first to the earliest year
for | ||||||
13 | which there is a liability. If there is a credit under this | ||||||
14 | subsection
from more than one tax year that is available to | ||||||
15 | offset a liability, the
earliest credit arising under this | ||||||
16 | subsection shall be applied first. A
credit allowed under | ||||||
17 | this subsection may be sold to a buyer as part of a sale
of | ||||||
18 | all or part of the remediation site for which the credit | ||||||
19 | was granted. The
purchaser of a remediation site and the | ||||||
20 | tax credit shall succeed to the unused
credit and remaining | ||||||
21 | carry-forward period of the seller. To perfect the
| ||||||
22 | transfer, the assignor shall record the transfer in the | ||||||
23 | chain of title for the
site and provide written notice to | ||||||
24 | the Director of the Illinois Department of
Revenue of the | ||||||
25 | assignor's intent to sell the remediation site and the | ||||||
26 | amount of
the tax credit to be transferred as a portion of |
| |||||||
| |||||||
1 | the sale. In no event may a
credit be transferred to any | ||||||
2 | taxpayer if the taxpayer or a related party would
not be | ||||||
3 | eligible under the provisions of subsection (i). | ||||||
4 | (iii) For purposes of this Section, the term "site" | ||||||
5 | shall have the same
meaning as under Section 58.2 of the | ||||||
6 | Environmental Protection Act. | ||||||
7 | (m) Education expense credit. Beginning with tax years | ||||||
8 | ending after
December 31, 1999, a taxpayer who
is the custodian | ||||||
9 | of one or more qualifying pupils shall be allowed a credit
| ||||||
10 | against the tax imposed by subsections (a) and (b) of this | ||||||
11 | Section for
qualified education expenses incurred on behalf of | ||||||
12 | the qualifying pupils.
The credit shall be equal to 25% of | ||||||
13 | qualified education expenses, but in no
event may the total | ||||||
14 | credit under this subsection claimed by a
family that is the
| ||||||
15 | custodian of qualifying pupils exceed $500. In no event shall a | ||||||
16 | credit under
this subsection reduce the taxpayer's liability | ||||||
17 | under this Act to less than
zero. This subsection is exempt | ||||||
18 | from the provisions of Section 250 of this
Act. | ||||||
19 | For purposes of this subsection: | ||||||
20 | "Qualifying pupils" means individuals who (i) are | ||||||
21 | residents of the State of
Illinois, (ii) are under the age of | ||||||
22 | 21 at the close of the school year for
which a credit is | ||||||
23 | sought, and (iii) during the school year for which a credit
is | ||||||
24 | sought were full-time pupils enrolled in a kindergarten through | ||||||
25 | twelfth
grade education program at any school, as defined in | ||||||
26 | this subsection. |
| |||||||
| |||||||
1 | "Qualified education expense" means the amount incurred
on | ||||||
2 | behalf of a qualifying pupil in excess of $250 for tuition, | ||||||
3 | book fees, and
lab fees at the school in which the pupil is | ||||||
4 | enrolled during the regular school
year. | ||||||
5 | "School" means any public or nonpublic elementary or | ||||||
6 | secondary school in
Illinois that is in compliance with Title | ||||||
7 | VI of the Civil Rights Act of 1964
and attendance at which | ||||||
8 | satisfies the requirements of Section 26-1 of the
School Code, | ||||||
9 | except that nothing shall be construed to require a child to
| ||||||
10 | attend any particular public or nonpublic school to qualify for | ||||||
11 | the credit
under this Section. | ||||||
12 | "Custodian" means, with respect to qualifying pupils, an | ||||||
13 | Illinois resident
who is a parent, the parents, a legal | ||||||
14 | guardian, or the legal guardians of the
qualifying pupils. | ||||||
15 | (n) River Edge Redevelopment Zone site remediation tax | ||||||
16 | credit.
| ||||||
17 | (i) For tax years ending on or after December 31, 2006, | ||||||
18 | a taxpayer shall be allowed a credit against the tax | ||||||
19 | imposed by subsections (a) and (b) of this Section for | ||||||
20 | certain amounts paid for unreimbursed eligible remediation | ||||||
21 | costs, as specified in this subsection. For purposes of | ||||||
22 | this Section, "unreimbursed eligible remediation costs" | ||||||
23 | means costs approved by the Illinois Environmental | ||||||
24 | Protection Agency ("Agency") under Section 58.14a of the | ||||||
25 | Environmental Protection Act that were paid in performing | ||||||
26 | environmental remediation at a site within a River Edge |
| |||||||
| |||||||
1 | Redevelopment Zone for which a No Further Remediation | ||||||
2 | Letter was issued by the Agency and recorded under Section | ||||||
3 | 58.10 of the Environmental Protection Act. The credit must | ||||||
4 | be claimed for the taxable year in which Agency approval of | ||||||
5 | the eligible remediation costs is granted. The credit is | ||||||
6 | not available to any taxpayer if the taxpayer or any | ||||||
7 | related party caused or contributed to, in any material | ||||||
8 | respect, a release of regulated substances on, in, or under | ||||||
9 | the site that was identified and addressed by the remedial | ||||||
10 | action pursuant to the Site Remediation Program of the | ||||||
11 | Environmental Protection Act. Determinations as to credit | ||||||
12 | availability for purposes of this Section shall be made | ||||||
13 | consistent with rules adopted by the Pollution Control | ||||||
14 | Board pursuant to the Illinois Administrative Procedure | ||||||
15 | Act for the administration and enforcement of Section 58.9 | ||||||
16 | of the Environmental Protection Act. For purposes of this | ||||||
17 | Section, "taxpayer" includes a person whose tax attributes | ||||||
18 | the taxpayer has succeeded to under Section 381 of the | ||||||
19 | Internal Revenue Code and "related party" includes the | ||||||
20 | persons disallowed a deduction for losses by paragraphs | ||||||
21 | (b), (c), and (f)(1) of Section 267 of the Internal Revenue | ||||||
22 | Code by virtue of being a related taxpayer, as well as any | ||||||
23 | of its partners. The credit allowed against the tax imposed | ||||||
24 | by subsections (a) and (b) shall be equal to 25% of the | ||||||
25 | unreimbursed eligible remediation costs in excess of | ||||||
26 | $100,000 per site. |
| |||||||
| |||||||
1 | (ii) A credit allowed under this subsection that is | ||||||
2 | unused in the year the credit is earned may be carried | ||||||
3 | forward to each of the 5 taxable years following the year | ||||||
4 | for which the credit is first earned until it is used. This | ||||||
5 | credit shall be applied first to the earliest year for | ||||||
6 | which there is a liability. If there is a credit under this | ||||||
7 | subsection from more than one tax year that is available to | ||||||
8 | offset a liability, the earliest credit arising under this | ||||||
9 | subsection shall be applied first. A credit allowed under | ||||||
10 | this subsection may be sold to a buyer as part of a sale of | ||||||
11 | all or part of the remediation site for which the credit | ||||||
12 | was granted. The purchaser of a remediation site and the | ||||||
13 | tax credit shall succeed to the unused credit and remaining | ||||||
14 | carry-forward period of the seller. To perfect the | ||||||
15 | transfer, the assignor shall record the transfer in the | ||||||
16 | chain of title for the site and provide written notice to | ||||||
17 | the Director of the Illinois Department of Revenue of the | ||||||
18 | assignor's intent to sell the remediation site and the | ||||||
19 | amount of the tax credit to be transferred as a portion of | ||||||
20 | the sale. In no event may a credit be transferred to any | ||||||
21 | taxpayer if the taxpayer or a related party would not be | ||||||
22 | eligible under the provisions of subsection (i). | ||||||
23 | (iii) For purposes of this Section, the term "site" | ||||||
24 | shall have the same meaning as under Section 58.2 of the | ||||||
25 | Environmental Protection Act. | ||||||
26 | (iv) This subsection is exempt from the provisions of |
| |||||||
| |||||||
1 | Section 250.
| ||||||
2 | (Source: P.A. 95-454, eff. 8-27-07; 96-115, eff. 7-31-09; | ||||||
3 | 96-116, eff. 7-31-09; 96-937, eff. 6-23-10; 96-1000, eff. | ||||||
4 | 7-2-10.)
| ||||||
5 | Section 90-23. The Property Tax Code is amended by adding | ||||||
6 | Section 15-144 as follows:
| ||||||
7 | (35 ILCS 200/15-144 new) | ||||||
8 | Sec. 15-144. Chicago Casino Development Authority. All | ||||||
9 | property owned by the Chicago Casino Development Authority is | ||||||
10 | exempt. Any property owned by the Chicago Casino Development | ||||||
11 | Authority and leased to an entity that is not exempt shall | ||||||
12 | remain exempt so long as it is used for a public purpose.
| ||||||
13 | Section 90-25. The Joliet Regional Port District Act is | ||||||
14 | amended by changing Section 5.1 as follows:
| ||||||
15 | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
| ||||||
16 | Sec. 5.1. Riverboat and casino gambling. Notwithstanding | ||||||
17 | any other provision of
this Act, the District may not regulate | ||||||
18 | the operation, conduct, or
navigation of any riverboat gambling | ||||||
19 | casino licensed under the Illinois Riverboat
Gambling Act, and | ||||||
20 | the District
may not license, tax, or otherwise levy any | ||||||
21 | assessment of any kind on
any riverboat gambling casino | ||||||
22 | licensed under the Illinois Riverboat Gambling Act. The
General |
| |||||||
| |||||||
1 | Assembly declares that the powers to regulate the operation,
| ||||||
2 | conduct, and navigation of riverboat gambling casinos and to | ||||||
3 | license, tax,
and levy assessments upon riverboat gambling | ||||||
4 | casinos are exclusive powers of
the State of Illinois and the | ||||||
5 | Illinois Gaming Board as provided in the
Illinois Riverboat | ||||||
6 | Gambling Act.
| ||||||
7 | (Source: P.A. 87-1175.)
| ||||||
8 | Section 90-30. The Consumer Installment Loan Act is amended | ||||||
9 | by changing Section 12.5 as follows:
| ||||||
10 | (205 ILCS 670/12.5)
| ||||||
11 | Sec. 12.5. Limited purpose branch.
| ||||||
12 | (a) Upon the written approval of the Director, a licensee | ||||||
13 | may maintain a
limited purpose branch for the sole purpose of | ||||||
14 | making loans as permitted by
this Act. A limited purpose branch | ||||||
15 | may include an automatic loan machine. No
other activity shall | ||||||
16 | be conducted at the site, including but not limited to,
| ||||||
17 | accepting payments, servicing the accounts, or collections.
| ||||||
18 | (b) The licensee must submit an application for a limited | ||||||
19 | purpose branch to
the Director on forms prescribed by the | ||||||
20 | Director with an application fee of
$300. The approval for the | ||||||
21 | limited purpose branch must be renewed concurrently
with the | ||||||
22 | renewal of the licensee's license along with a renewal fee of | ||||||
23 | $300 for
the limited purpose branch.
| ||||||
24 | (c) The books, accounts, records, and files of the limited |
| |||||||
| |||||||
1 | purpose branch's
transactions shall be maintained at the | ||||||
2 | licensee's licensed location. The
licensee shall notify the | ||||||
3 | Director of the licensed location at which the books,
accounts, | ||||||
4 | records, and files shall be maintained.
| ||||||
5 | (d) The licensee shall prominently display at the limited | ||||||
6 | purpose branch the
address and telephone number of the | ||||||
7 | licensee's licensed location.
| ||||||
8 | (e) No other business shall be conducted at the site of the | ||||||
9 | limited purpose
branch unless authorized by the Director.
| ||||||
10 | (f) The Director shall make and enforce reasonable rules | ||||||
11 | for the conduct of
a limited purpose branch.
| ||||||
12 | (g) A limited purpose branch may not be located
within | ||||||
13 | 1,000 feet of a facility operated by an inter-track wagering | ||||||
14 | licensee or
an organization licensee subject to the Illinois | ||||||
15 | Horse Racing Act of 1975,
on a riverboat or in a casino subject | ||||||
16 | to
the Illinois Riverboat Gambling Act, or within 1,000 feet of | ||||||
17 | the location at which the
riverboat docks or within 1,000 feet | ||||||
18 | of a casino .
| ||||||
19 | (Source: P.A. 90-437, eff. 1-1-98.)
| ||||||
20 | Section 90-35. The Illinois Horse Racing Act of 1975 is | ||||||
21 | amended by changing Sections 1.2, 3.11, 3.12, 6, 9, 15, 15.1, | ||||||
22 | 18, 19, 20, 24, 26, 27, 28, 28.1, 30, 30.5, 31, 31.1, 32.1, 36, | ||||||
23 | and 40 and by adding Sections 3.31, 3.32, 3.33, 3.35, 3.36, | ||||||
24 | 34.3, and 56 as follows:
|
| |||||||
| |||||||
1 | (230 ILCS 5/1.2)
| ||||||
2 | Sec. 1.2. Legislative intent. This Act is intended to | ||||||
3 | benefit the people of the State of Illinois by
encouraging the | ||||||
4 | breeding and production of race horses, assisting economic
| ||||||
5 | development and promoting Illinois tourism.
The General | ||||||
6 | Assembly finds and declares it to be the public policy
of the | ||||||
7 | State
of Illinois to:
| ||||||
8 | (a) support and enhance Illinois' horse racing industry, | ||||||
9 | which is a
significant
component within the agribusiness | ||||||
10 | industry;
| ||||||
11 | (b) ensure that Illinois' horse racing industry remains | ||||||
12 | competitive with
neighboring states;
| ||||||
13 | (c) stimulate growth within Illinois' horse racing | ||||||
14 | industry, thereby
encouraging
new investment and development | ||||||
15 | to produce additional tax revenues and to
create additional | ||||||
16 | jobs;
| ||||||
17 | (d) promote the further growth of tourism;
| ||||||
18 | (e) encourage the breeding of thoroughbred and | ||||||
19 | standardbred horses in this
State; and
| ||||||
20 | (f) ensure that public confidence and trust in the | ||||||
21 | credibility and integrity
of
racing operations and the | ||||||
22 | regulatory process is maintained.
| ||||||
23 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
24 | (230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
| ||||||
25 | Sec. 3.11.
"Organization Licensee" means any person |
| |||||||
| |||||||
1 | receiving
an organization license from the Board to conduct a | ||||||
2 | race meeting or meetings. With respect only to electronic | ||||||
3 | gaming, "organization licensee" includes the authorization for | ||||||
4 | an electronic gaming license under subsection (a) of Section 56 | ||||||
5 | of this Act.
| ||||||
6 | (Source: P.A. 79-1185.)
| ||||||
7 | (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
| ||||||
8 | Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel | ||||||
9 | system of
wagering" means a form of wagering on the outcome of
| ||||||
10 | horse races in which
wagers are made in various
denominations | ||||||
11 | on a horse or horses
and
all wagers for each race are pooled | ||||||
12 | and held by a licensee
for distribution in a manner approved by | ||||||
13 | the Board. "Pari-mutuel system of wagering" shall not include | ||||||
14 | wagering on historic races. Wagers may be placed via any method | ||||||
15 | or at any location authorized under this Act.
| ||||||
16 | (Source: P.A. 96-762, eff. 8-25-09.)
| ||||||
17 | (230 ILCS 5/3.31 new) | ||||||
18 | Sec. 3.31. Adjusted gross receipts. "Adjusted gross | ||||||
19 | receipts" means the gross receipts less winnings paid to | ||||||
20 | wagerers.
| ||||||
21 | (230 ILCS 5/3.32 new) | ||||||
22 | Sec. 3.32. Gross receipts. "Gross receipts" means the total | ||||||
23 | amount of money exchanged for the purchase of chips, tokens, or |
| |||||||
| |||||||
1 | electronic cards by riverboat or casino patrons or electronic | ||||||
2 | gaming patrons.
| ||||||
3 | (230 ILCS 5/3.33 new) | ||||||
4 | Sec. 3.33. Electronic gaming. "Electronic gaming" means | ||||||
5 | slot machine gambling, video game of chance gambling, or | ||||||
6 | gambling with electronic gambling games as defined in the | ||||||
7 | Illinois Gambling Act or defined by the Illinois Gaming Board | ||||||
8 | that is conducted at a race track pursuant to an electronic | ||||||
9 | gaming license.
| ||||||
10 | (230 ILCS 5/3.35 new) | ||||||
11 | Sec. 3.35. Electronic gaming license. "Electronic gaming | ||||||
12 | license" means a license issued by the Illinois Gaming Board | ||||||
13 | under Section 7.6 of the Illinois Gambling Act authorizing | ||||||
14 | electronic gaming at an electronic gaming facility.
| ||||||
15 | (230 ILCS 5/3.36 new) | ||||||
16 | Sec. 3.36. Electronic gaming facility. "Electronic gaming | ||||||
17 | facility" means that portion of an organization licensee's race | ||||||
18 | track facility at which electronic gaming is conducted.
| ||||||
19 | (230 ILCS 5/6) (from Ch. 8, par. 37-6)
| ||||||
20 | Sec. 6. Restrictions on Board members. | ||||||
21 | (a) No person shall be appointed a member of the Board or | ||||||
22 | continue to be a member of the Board if the person or any |
| |||||||
| |||||||
1 | member of their immediate family is a member of the Board of | ||||||
2 | Directors, employee, or financially interested in any of the | ||||||
3 | following: (i) any licensee or other person who has applied for | ||||||
4 | racing dates to the Board, or the operations thereof including, | ||||||
5 | but not limited to, concessions, data processing, track | ||||||
6 | maintenance, track security, and pari-mutuel operations, | ||||||
7 | located, scheduled or doing business within the State of | ||||||
8 | Illinois, (ii) any licensee or other person in any race horse | ||||||
9 | competing at a meeting under the Board's jurisdiction, or (iii) | ||||||
10 | any licensee under the Illinois Gambling Act. No person shall | ||||||
11 | be appointed a member of the Board or continue
to be
a member | ||||||
12 | of the Board who is (or any member of whose family is) a member | ||||||
13 | of the
Board of Directors of, or who is a person financially | ||||||
14 | interested in, any
licensee or other person who has applied for | ||||||
15 | racing dates to the
Board, or the operations thereof including, | ||||||
16 | but not
limited to, concessions, data
processing, track | ||||||
17 | maintenance, track security and pari-mutuel operations,
| ||||||
18 | located, scheduled
or doing business within the State of | ||||||
19 | Illinois, or in any race horse competing
at a meeting
under the | ||||||
20 | Board's jurisdiction. No Board member shall hold any other | ||||||
21 | public
office for which he
shall receive compensation other | ||||||
22 | than necessary travel or other incidental
expenses.
| ||||||
23 | (b) No person shall be a member of the Board who is not of | ||||||
24 | good moral
character or who
has been convicted of, or is under | ||||||
25 | indictment for, a felony under the laws
of Illinois or any
| ||||||
26 | other state, or the United States.
|
| |||||||
| |||||||
1 | (c) No member of the Board or employee shall engage in any | ||||||
2 | political activity. For the purposes of this Section, | ||||||
3 | "political" means any activity in support of or in connection | ||||||
4 | with any campaign for State or local elective office or any | ||||||
5 | political organization, but does not include activities (i) | ||||||
6 | relating to the support or opposition of any executive, | ||||||
7 | legislative, or administrative action (as those terms are | ||||||
8 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
9 | relating to collective bargaining, or (iii) that are otherwise | ||||||
10 | in furtherance of the person's official State duties or | ||||||
11 | governmental and public service functions. | ||||||
12 | (d) Board members and employees may not engage in | ||||||
13 | communications or any activity that may cause or have the | ||||||
14 | appearance of causing a conflict of interest. A conflict of | ||||||
15 | interest exists if a situation influences or creates the | ||||||
16 | appearance that it may influence judgment or performance of | ||||||
17 | regulatory duties and responsibilities. This prohibition shall | ||||||
18 | extend to any act identified by Board action that, in the | ||||||
19 | judgment of the Board, could represent the potential for or the | ||||||
20 | appearance of a conflict of interest. | ||||||
21 | (e) Board members and employees may not accept any gift, | ||||||
22 | gratuity, service, compensation, travel, lodging, or thing of | ||||||
23 | value, with the exception of unsolicited items of an incidental | ||||||
24 | nature, from any person, corporation, or entity doing business | ||||||
25 | with the Board. | ||||||
26 | (f) A Board member or employee shall not use or attempt to |
| |||||||
| |||||||
1 | use his or her official position to secure, or attempt to | ||||||
2 | secure, any privilege, advantage, favor, or influence for | ||||||
3 | himself or herself or others. No Board member or employee, | ||||||
4 | within a period of one year immediately preceding nomination by | ||||||
5 | the Governor or employment, shall have been employed or | ||||||
6 | received compensation or fees for services from a person or | ||||||
7 | entity, or its parent or affiliate, that has engaged in | ||||||
8 | business with the Board, a licensee or a licensee under the | ||||||
9 | Illinois Gambling Act. In addition, no Board member or employee | ||||||
10 | shall for one year after the expiration of his or her term or | ||||||
11 | separation from the Board be employed or receive compensation | ||||||
12 | or fees from the before-mentioned persons or entities. | ||||||
13 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
14 | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| ||||||
15 | Sec. 9.
The Board shall have all powers necessary and | ||||||
16 | proper to fully and
effectively execute the provisions of this | ||||||
17 | Act, including, but not
limited to, the following:
| ||||||
18 | (a) The Board is vested with jurisdiction and supervision | ||||||
19 | over all race
meetings in this State, over all licensees doing | ||||||
20 | business
in this
State, over all occupation licensees, and over | ||||||
21 | all persons on the
facilities of any licensee. Such | ||||||
22 | jurisdiction shall
include the power to issue licenses to the | ||||||
23 | Illinois Department of
Agriculture authorizing the pari-mutuel | ||||||
24 | system of wagering
on harness and Quarter Horse races held (1) | ||||||
25 | at the Illinois State Fair in
Sangamon County, and (2) at the |
| |||||||
| |||||||
1 | DuQuoin State Fair in Perry County. The
jurisdiction of the | ||||||
2 | Board shall also include the power to issue licenses to
county | ||||||
3 | fairs which are eligible to receive funds pursuant to the
| ||||||
4 | Agricultural Fair Act, as now or hereafter amended, or their | ||||||
5 | agents,
authorizing the pari-mutuel system of wagering on horse
| ||||||
6 | races
conducted at the county fairs receiving such licenses. | ||||||
7 | Such licenses shall be
governed by subsection (n) of this | ||||||
8 | Section.
| ||||||
9 | Upon application, the Board shall issue a license to the | ||||||
10 | Illinois Department
of Agriculture to conduct harness and | ||||||
11 | Quarter Horse races at the Illinois State
Fair and at the | ||||||
12 | DuQuoin State Fairgrounds
during the scheduled dates of each | ||||||
13 | fair. The Board shall not require and the
Department of | ||||||
14 | Agriculture shall be exempt from the requirements of Sections
| ||||||
15 | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | ||||||
16 | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | ||||||
17 | and 25. The Board and the Department
of
Agriculture may extend | ||||||
18 | any or all of these exemptions to any contractor or
agent | ||||||
19 | engaged by the Department of Agriculture to conduct its race | ||||||
20 | meetings
when the Board determines that this would best serve | ||||||
21 | the public interest and
the interest of horse racing.
| ||||||
22 | Notwithstanding any provision of law to the contrary, it | ||||||
23 | shall be lawful for
any licensee to operate pari-mutuel | ||||||
24 | wagering
or
contract with the Department of Agriculture to | ||||||
25 | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | ||||||
26 | or for the Department to enter into contracts
with a licensee, |
| |||||||
| |||||||
1 | employ its owners,
employees
or
agents and employ such other | ||||||
2 | occupation licensees as the Department deems
necessary in | ||||||
3 | connection with race meetings and wagerings.
| ||||||
4 | (b) The Board is vested with the full power to promulgate | ||||||
5 | reasonable
rules and regulations for the purpose of | ||||||
6 | administering the provisions of
this Act and to prescribe | ||||||
7 | reasonable rules, regulations and conditions
under which all | ||||||
8 | horse race meetings or wagering in the State shall be
| ||||||
9 | conducted. Such reasonable rules and regulations are to provide | ||||||
10 | for the
prevention of practices detrimental to the public | ||||||
11 | interest and to promote the best
interests of horse racing and | ||||||
12 | to impose penalties for violations thereof.
| ||||||
13 | (c) The Board, and any person or persons to whom it | ||||||
14 | delegates
this power, is vested with the power to enter the | ||||||
15 | facilities and other places of business of any licensee to | ||||||
16 | determine whether there has been compliance with
the provisions | ||||||
17 | of this Act and its rules and regulations.
| ||||||
18 | (d) The Board, and any person or persons to whom it | ||||||
19 | delegates this
power, is vested with the authority to | ||||||
20 | investigate alleged violations of
the provisions of this Act, | ||||||
21 | its reasonable rules and regulations, orders
and final | ||||||
22 | decisions; the Board shall take appropriate disciplinary | ||||||
23 | action
against any licensee or occupation licensee for | ||||||
24 | violation
thereof or
institute appropriate legal action for the | ||||||
25 | enforcement thereof.
| ||||||
26 | (e) The Board, and any person or persons to whom it |
| |||||||
| |||||||
1 | delegates this power,
may eject or exclude from any race | ||||||
2 | meeting or
the facilities of any licensee, or any part
thereof, | ||||||
3 | any occupation licensee or any
other individual whose conduct | ||||||
4 | or reputation is such that his presence on
those facilities | ||||||
5 | may, in the opinion of the Board, call into question
the | ||||||
6 | honesty and integrity of horse racing or wagering or interfere | ||||||
7 | with the
orderly
conduct of horse racing or wagering; provided, | ||||||
8 | however, that no person
shall be
excluded or ejected from the | ||||||
9 | facilities of any licensee solely on the grounds of
race, | ||||||
10 | color, creed, national origin, ancestry, or sex. The power to | ||||||
11 | eject
or exclude an occupation licensee or other individual may
| ||||||
12 | be exercised for just cause by the licensee or the Board, | ||||||
13 | subject to subsequent hearing by the
Board as to the propriety | ||||||
14 | of said exclusion.
| ||||||
15 | (f) The Board is vested with the power to acquire,
| ||||||
16 | establish, maintain and operate (or provide by contract to
| ||||||
17 | maintain and operate) testing laboratories and related | ||||||
18 | facilities,
for the purpose of conducting saliva, blood, urine | ||||||
19 | and other tests on the
horses run or to be run in any horse race | ||||||
20 | meeting , including races run at county fairs, and to purchase | ||||||
21 | all
equipment and supplies deemed necessary or desirable in | ||||||
22 | connection with
any such testing laboratories and related | ||||||
23 | facilities and all such tests.
| ||||||
24 | (g) The Board may require that the records, including | ||||||
25 | financial or other
statements of any licensee or any person | ||||||
26 | affiliated with the licensee who is
involved directly or |
| |||||||
| |||||||
1 | indirectly in the activities of any licensee as regulated
under | ||||||
2 | this Act to the extent that those financial or other statements | ||||||
3 | relate to
such activities be kept in
such manner as prescribed | ||||||
4 | by the Board, and that Board employees shall have
access to | ||||||
5 | those records during reasonable business
hours. Within 120 days | ||||||
6 | of the end of its fiscal year, each licensee shall
transmit to
| ||||||
7 | the Board
an audit of the financial transactions and condition | ||||||
8 | of the licensee's total
operations. All audits shall be | ||||||
9 | conducted by certified public accountants.
Each certified | ||||||
10 | public accountant must be registered in the State of Illinois
| ||||||
11 | under the Illinois Public Accounting Act. The compensation for | ||||||
12 | each certified
public accountant shall be paid directly by the | ||||||
13 | licensee to the certified
public accountant. A licensee shall | ||||||
14 | also submit any other financial or related
information the | ||||||
15 | Board deems necessary to effectively administer this Act and
| ||||||
16 | all rules, regulations, and final decisions promulgated under | ||||||
17 | this Act.
| ||||||
18 | (h) The Board shall name and appoint in the manner provided | ||||||
19 | by the rules
and regulations of the Board: an Executive | ||||||
20 | Director; a State director
of mutuels; State veterinarians and | ||||||
21 | representatives to take saliva, blood,
urine and other tests on | ||||||
22 | horses; licensing personnel; revenue
inspectors; and State | ||||||
23 | seasonal employees (excluding admission ticket
sellers and | ||||||
24 | mutuel clerks). All of those named and appointed as provided
in | ||||||
25 | this subsection shall serve during the pleasure of the Board; | ||||||
26 | their
compensation shall be determined by the Board and be paid |
| |||||||
| |||||||
1 | in the same
manner as other employees of the Board under this | ||||||
2 | Act.
| ||||||
3 | (i) The Board shall require that there shall be 3 stewards | ||||||
4 | at each horse
race meeting, at least 2 of whom shall be named | ||||||
5 | and appointed by the Board.
Stewards appointed or approved by | ||||||
6 | the Board, while performing duties
required by this Act or by | ||||||
7 | the Board, shall be entitled to the same rights
and immunities | ||||||
8 | as granted to Board members and Board employees in Section
10 | ||||||
9 | of this Act.
| ||||||
10 | (j) The Board may discharge any Board employee
who fails or | ||||||
11 | refuses for any reason to comply with the rules and
regulations | ||||||
12 | of the Board, or who, in the opinion of the Board,
is guilty of | ||||||
13 | fraud, dishonesty or who is proven to be incompetent.
The Board | ||||||
14 | shall have no right or power to determine who shall be | ||||||
15 | officers,
directors or employees of any licensee, or their | ||||||
16 | salaries
except the Board may, by rule, require that all or any | ||||||
17 | officials or
employees in charge of or whose duties relate to | ||||||
18 | the actual running of
races be approved by the Board.
| ||||||
19 | (k) The Board is vested with the power to appoint
delegates | ||||||
20 | to execute any of the powers granted to it under this Section
| ||||||
21 | for the purpose of administering this Act and any rules or | ||||||
22 | regulations
promulgated in accordance with this Act.
| ||||||
23 | (l) The Board is vested with the power to impose civil | ||||||
24 | penalties of up to
$5,000 against an individual and up to | ||||||
25 | $10,000 against a
licensee for each
violation of any provision | ||||||
26 | of this Act, any rules adopted by the Board, any
order of the |
| |||||||
| |||||||
1 | Board or any other action which, in the Board's discretion, is
| ||||||
2 | a detriment or impediment to horse racing or wagering. All such | ||||||
3 | civil penalties shall be deposited into the Horse Racing Fund.
| ||||||
4 | (m) The Board is vested with the power to prescribe a form | ||||||
5 | to be used
by licensees as an application for employment for | ||||||
6 | employees of
each licensee.
| ||||||
7 | (n) The Board shall have the power to issue a license
to | ||||||
8 | any county fair, or its
agent, authorizing the conduct of the | ||||||
9 | pari-mutuel system of
wagering. The Board is vested with the | ||||||
10 | full power to promulgate
reasonable rules, regulations and | ||||||
11 | conditions under which all horse race
meetings licensed | ||||||
12 | pursuant to this subsection shall be held and conducted,
| ||||||
13 | including rules, regulations and conditions for the conduct of | ||||||
14 | the
pari-mutuel system of wagering. The rules, regulations and
| ||||||
15 | conditions shall provide for the prevention of practices | ||||||
16 | detrimental to the
public interest and for the best interests | ||||||
17 | of horse racing, and shall
prescribe penalties for violations | ||||||
18 | thereof. Any authority granted the
Board under this Act shall | ||||||
19 | extend to its jurisdiction and supervision over
county fairs, | ||||||
20 | or their agents, licensed pursuant to this subsection.
However, | ||||||
21 | the Board may waive any provision of this Act or its rules or
| ||||||
22 | regulations which would otherwise apply to such county fairs or | ||||||
23 | their agents.
| ||||||
24 | (o) Whenever the Board is authorized or
required by law to | ||||||
25 | consider some aspect of criminal history record
information for | ||||||
26 | the purpose of carrying out its statutory powers and
|
| |||||||
| |||||||
1 | responsibilities, then, upon request and payment of fees in | ||||||
2 | conformance
with the requirements of Section 2605-400 of
the | ||||||
3 | Department of State Police Law (20 ILCS 2605/2605-400), the | ||||||
4 | Department of State Police is
authorized to furnish, pursuant | ||||||
5 | to positive identification, such
information contained in | ||||||
6 | State files as is necessary to fulfill the request.
| ||||||
7 | (p) To insure the convenience, comfort, and wagering | ||||||
8 | accessibility of
race track patrons, to provide for the | ||||||
9 | maximization of State revenue, and
to generate increases in | ||||||
10 | purse allotments to the horsemen, the Board shall
require any | ||||||
11 | licensee to staff the pari-mutuel department with
adequate | ||||||
12 | personnel.
| ||||||
13 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
14 | (230 ILCS 5/15) (from Ch. 8, par. 37-15)
| ||||||
15 | Sec. 15.
(a) The Board shall, in its discretion, issue | ||||||
16 | occupation
licenses
to horse owners, trainers, harness | ||||||
17 | drivers, jockeys, agents, apprentices,
grooms, stable foremen, | ||||||
18 | exercise persons, veterinarians, valets, blacksmiths,
| ||||||
19 | concessionaires and others designated by the Board whose work, | ||||||
20 | in whole or in
part, is conducted upon facilities within the | ||||||
21 | State. Such occupation licenses
will
be obtained prior to the
| ||||||
22 | persons engaging in their vocation upon such facilities. The
| ||||||
23 | Board shall not license pari-mutuel clerks, parking | ||||||
24 | attendants, security
guards and employees of concessionaires. | ||||||
25 | No occupation license shall be
required of
any person who works |
| |||||||
| |||||||
1 | at facilities within this
State as a pari-mutuel
clerk, parking | ||||||
2 | attendant, security guard or as an employee of a | ||||||
3 | concessionaire.
Concessionaires of the Illinois State Fair and | ||||||
4 | DuQuoin State Fair and
employees of the Illinois Department of | ||||||
5 | Agriculture shall not be required to
obtain an occupation | ||||||
6 | license by the Board.
| ||||||
7 | (b) Each application for an occupation license shall be on | ||||||
8 | forms
prescribed by the Board. Such license, when issued, shall | ||||||
9 | be for the
period ending December 31 of each year, except that | ||||||
10 | the Board in its
discretion may grant 3-year licenses. The | ||||||
11 | application shall
be accompanied
by a fee of not more than $25 | ||||||
12 | per year
or, in the case of 3-year occupation
license
| ||||||
13 | applications, a fee of not more than $60. Each applicant shall | ||||||
14 | set forth in
the application his full name and address, and if | ||||||
15 | he had been issued prior
occupation licenses or has been | ||||||
16 | licensed in any other state under any other
name, such name, | ||||||
17 | his age, whether or not a permit or license issued to him
in | ||||||
18 | any other state has been suspended or revoked and if so whether | ||||||
19 | such
suspension or revocation is in effect at the time of the | ||||||
20 | application, and
such other information as the Board may | ||||||
21 | require. Fees for registration of
stable names shall not exceed | ||||||
22 | $50.00.
| ||||||
23 | (c) The Board may in its discretion refuse an occupation | ||||||
24 | license
to any person:
| ||||||
25 | (1) who has been convicted of a crime;
| ||||||
26 | (2) who is unqualified to perform the duties required |
| |||||||
| |||||||
1 | of such applicant;
| ||||||
2 | (3) who fails to disclose or states falsely any | ||||||
3 | information called for
in the application;
| ||||||
4 | (4) who has been found guilty of a violation of this | ||||||
5 | Act or of the rules
and regulations of the Board; or
| ||||||
6 | (5) whose license or permit has been suspended, revoked | ||||||
7 | or denied for just
cause in any other state.
| ||||||
8 | (d) The Board may suspend or revoke any occupation license:
| ||||||
9 | (1) for violation of any of the provisions of this Act; | ||||||
10 | or
| ||||||
11 | (2) for violation of any of the rules or regulations of | ||||||
12 | the Board; or
| ||||||
13 | (3) for any cause which, if known to the Board, would | ||||||
14 | have justified the
Board in refusing to issue such | ||||||
15 | occupation license; or
| ||||||
16 | (4) for any other just cause.
| ||||||
17 | (e)
Each applicant shall submit his or her fingerprints | ||||||
18 | to the
Department
of State Police in the form and manner | ||||||
19 | prescribed by the Department of State
Police. These | ||||||
20 | fingerprints shall be checked against the fingerprint records
| ||||||
21 | now and hereafter filed in the Department of State
Police and | ||||||
22 | Federal Bureau of Investigation criminal history records
| ||||||
23 | databases. The Department of State Police shall charge
a fee | ||||||
24 | for conducting the criminal history records check, which shall | ||||||
25 | be
deposited in the State Police Services Fund and shall not | ||||||
26 | exceed the actual
cost of the records check. The Department of |
| |||||||
| |||||||
1 | State Police shall furnish,
pursuant to positive | ||||||
2 | identification, records of conviction to the Board.
Each | ||||||
3 | applicant for licensure shall submit with his occupation
| ||||||
4 | license
application, on forms provided by the Board, 2 sets of | ||||||
5 | his fingerprints.
All such applicants shall appear in person at | ||||||
6 | the location designated by
the Board for the purpose of | ||||||
7 | submitting such sets of fingerprints; however,
with the prior | ||||||
8 | approval of a State steward, an applicant may have such sets
of | ||||||
9 | fingerprints taken by an official law enforcement agency and | ||||||
10 | submitted to
the Board.
| ||||||
11 | (f) The Board may, in its discretion, issue an occupation | ||||||
12 | license without
submission of fingerprints if an applicant has | ||||||
13 | been duly licensed in another
recognized racing jurisdiction | ||||||
14 | after submitting fingerprints that were
subjected to a Federal | ||||||
15 | Bureau of Investigation criminal history background
check
in
| ||||||
16 | that jurisdiction .
| ||||||
17 | (Source: P.A. 93-418, eff. 1-1-04.)
| ||||||
18 | (230 ILCS 5/15.1) (from Ch. 8, par. 37-15.1)
| ||||||
19 | Sec. 15.1.
Upon collection of the fee accompanying the | ||||||
20 | application for
an occupation license, the Board shall be | ||||||
21 | authorized to make daily
temporary deposits of the fees, for a | ||||||
22 | period not to exceed 7 days, with the
horsemen's bookkeeper at | ||||||
23 | a race meeting. The horsemen's bookkeeper shall
issue a check, | ||||||
24 | payable to the order of the Illinois Racing Board, for
monies | ||||||
25 | deposited under this Section within 24 hours of receipt of the
|
| |||||||
| |||||||
1 | monies. Provided however, upon the issuance of the check by the | ||||||
2 | horsemen's
bookkeeper the check shall be deposited into the | ||||||
3 | Horse Racing Fund in the State Treasury in accordance
with the | ||||||
4 | provisions of the "State Officers and Employees Money | ||||||
5 | Disposition
Act", approved June 9, 1911, as amended .
| ||||||
6 | (Source: P.A. 84-432.)
| ||||||
7 | (230 ILCS 5/18) (from Ch. 8, par. 37-18)
| ||||||
8 | Sec. 18.
(a) Together with its application, each applicant | ||||||
9 | for racing dates
shall deliver to the Board a certified check | ||||||
10 | or bank draft payable to the order
of the Board for $1,000. In | ||||||
11 | the event the applicant applies for racing dates
in 2 or 3 | ||||||
12 | successive calendar years as provided in subsection (b) of | ||||||
13 | Section
21, the fee shall be $2,000. Filing fees shall not be | ||||||
14 | refunded in the event
the application is denied. All filing | ||||||
15 | fees shall be deposited into the Horse Racing Fund.
| ||||||
16 | (b) In addition to the filing fee of $1000 and the fees | ||||||
17 | provided in
subsection (j) of Section 20, each organization | ||||||
18 | licensee shall pay a license
fee of $100 for each racing | ||||||
19 | program on which its daily pari-mutuel handle is
$400,000 or | ||||||
20 | more but less than $700,000, and a license fee of $200 for each
| ||||||
21 | racing program on which its daily pari-mutuel handle is | ||||||
22 | $700,000 or more.
The
additional fees required to be paid under | ||||||
23 | this Section by this amendatory Act
of 1982 shall be remitted | ||||||
24 | by the organization licensee to the Illinois Racing
Board with | ||||||
25 | each day's graduated privilege tax or pari-mutuel tax and
|
| |||||||
| |||||||
1 | breakage as provided under
Section 27.
| ||||||
2 | (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois | ||||||
3 | Municipal Code,"
approved May 29, 1961, as now or hereafter | ||||||
4 | amended, shall not apply to any
license under this Act.
| ||||||
5 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
6 | (230 ILCS 5/19) (from Ch. 8, par. 37-19)
| ||||||
7 | Sec. 19.
(a) No organization license may be granted to | ||||||
8 | conduct a
horse race meeting:
| ||||||
9 | (1) except as provided in subsection (c) of Section 21 | ||||||
10 | of this Act,
to any person at any place within 35 miles of | ||||||
11 | any other place
licensed by the Board to hold a race | ||||||
12 | meeting on the same date during the
same hours,
the mileage
| ||||||
13 | measurement used in this subsection (a) shall be certified | ||||||
14 | to the Board by
the Bureau of
Systems and Services in the | ||||||
15 | Illinois Department of Transportation as the
most commonly | ||||||
16 | used public way of vehicular travel;
| ||||||
17 | (2) to any person in default in the payment of any | ||||||
18 | obligation or
debt due the State under this Act, provided | ||||||
19 | no applicant shall be deemed
in default in the payment of | ||||||
20 | any obligation or debt due to the State
under this Act as | ||||||
21 | long as there is pending a hearing of any kind
relevant to | ||||||
22 | such matter;
| ||||||
23 | (3) to any person who has been convicted of the | ||||||
24 | violation of any law
of the United States or any State law | ||||||
25 | which provided as all or part of
its penalty imprisonment |
| |||||||
| |||||||
1 | in any penal institution; to any person against
whom there | ||||||
2 | is pending a Federal or State criminal charge; to any | ||||||
3 | person
who is or has been connected with or engaged in the | ||||||
4 | operation of any
illegal business; to any person who does | ||||||
5 | not enjoy a general reputation
in his community of being an | ||||||
6 | honest, upright, law-abiding person;
provided that none of | ||||||
7 | the matters set forth in this subparagraph (3)
shall make | ||||||
8 | any person ineligible to be granted an organization license
| ||||||
9 | if the Board determines, based on circumstances of any such | ||||||
10 | case, that
the granting of a license would not be | ||||||
11 | detrimental to the interests of
horse racing and of the | ||||||
12 | public;
| ||||||
13 | (4) to any person who does not at the time of | ||||||
14 | application for the
organization license own or have a | ||||||
15 | contract or lease for the possession
of a finished race | ||||||
16 | track suitable for the type of racing intended to be
held | ||||||
17 | by the applicant and for the accommodation of the public.
| ||||||
18 | (b) (Blank) Horse racing on Sunday shall be prohibited | ||||||
19 | unless authorized by
ordinance or referendum of the | ||||||
20 | municipality in which a race track or any
of its appurtenances | ||||||
21 | or facilities are located, or utilized .
| ||||||
22 | (c) If any person is ineligible to receive an
organization
| ||||||
23 | license because of any of the matters set forth in subsection | ||||||
24 | (a) (2) or
subsection (a) (3) of this Section, any other or | ||||||
25 | separate person that
either (i) controls, directly or | ||||||
26 | indirectly, such ineligible person
or (ii) is controlled, |
| |||||||
| |||||||
1 | directly or indirectly, by such ineligible
person or by a | ||||||
2 | person which controls, directly or indirectly, such
ineligible | ||||||
3 | person shall also be ineligible.
| ||||||
4 | (Source: P.A. 88-495; 89-16, eff. 5-30-95 .)
| ||||||
5 | (230 ILCS 5/20) (from Ch. 8, par. 37-20)
| ||||||
6 | Sec. 20.
(a) Any person desiring to conduct a horse race | ||||||
7 | meeting may
apply to the Board for an organization license. The | ||||||
8 | application shall be
made on a form prescribed and furnished by | ||||||
9 | the Board. The application shall
specify:
| ||||||
10 | (1) the dates on which
it intends to conduct the horse | ||||||
11 | race meeting, which
dates shall be provided
under Section | ||||||
12 | 21;
| ||||||
13 | (2) the hours of each racing day between which it | ||||||
14 | intends to
hold or
conduct horse racing at such meeting;
| ||||||
15 | (3) the location where it proposes to conduct the
| ||||||
16 | meeting; and
| ||||||
17 | (4) any other information the Board may reasonably | ||||||
18 | require.
| ||||||
19 | (b) A separate application for an organization license | ||||||
20 | shall be filed
for each horse race meeting
which such person | ||||||
21 | proposes to hold. Any such application, if made by an
| ||||||
22 | individual, or by any individual as trustee, shall be
signed | ||||||
23 | and verified under oath by such individual. If
made by | ||||||
24 | individuals or a partnership, it shall be signed and
verified | ||||||
25 | under oath by at least 2 of such individuals or members of such
|
| |||||||
| |||||||
1 | partnership as the case may be. If made by an association, | ||||||
2 | corporation,
corporate trustee or any other entity, it shall be | ||||||
3 | signed by the president
and attested by the secretary or | ||||||
4 | assistant secretary under the seal
of such association, trust | ||||||
5 | or corporation if it has a seal, and shall
also be verified | ||||||
6 | under oath by one of the signing officers.
| ||||||
7 | (c) The application shall specify the name of the
persons, | ||||||
8 | association, trust, or corporation making such application and | ||||||
9 | the
post office address of the applicant; if the applicant is a | ||||||
10 | trustee, the
names and addresses of the beneficiaries; if a | ||||||
11 | corporation, the names and
post office addresses of all | ||||||
12 | officers, stockholders and directors; or if
such
stockholders | ||||||
13 | hold stock as a nominee or fiduciary, the names and post
office | ||||||
14 | addresses of these persons, partnerships, corporations, or | ||||||
15 | trusts
who are the beneficial owners thereof or who are | ||||||
16 | beneficially interested
therein; and if a partnership, the | ||||||
17 | names and post office addresses of all
partners, general or | ||||||
18 | limited; if the applicant is a corporation, the name
of the | ||||||
19 | state of its incorporation shall be specified.
| ||||||
20 | (d) The applicant shall execute and file with the Board a | ||||||
21 | good faith
affirmative action plan to recruit, train, and | ||||||
22 | upgrade minorities in all
classifications within the | ||||||
23 | association.
| ||||||
24 | (e) With such
application there shall be delivered to the | ||||||
25 | Board a
certified check or bank draft payable to the order of | ||||||
26 | the Board for an
amount equal to $1,000. All applications for
|
| |||||||
| |||||||
1 | the issuance of an organization license shall be filed with the | ||||||
2 | Board before
August 1 of the year prior to the year for which | ||||||
3 | application is made and shall be acted
upon by the Board at a | ||||||
4 | meeting to be held on such date as shall be fixed
by the Board | ||||||
5 | during the last 15 days of September of such prior year.
At | ||||||
6 | such meeting, the Board shall announce
the award of the racing | ||||||
7 | meets, live racing schedule, and designation of host
track to | ||||||
8 | the applicants and its approval or disapproval of each
| ||||||
9 | application. No announcement shall
be considered binding until | ||||||
10 | a formal order is executed by the Board, which
shall be | ||||||
11 | executed no later than October 15 of that prior year.
Absent | ||||||
12 | the agreement of
the affected organization licensees, the Board | ||||||
13 | shall not grant overlapping
race meetings to 2 or more tracks | ||||||
14 | that are within 100 miles of each
other to conduct the | ||||||
15 | thoroughbred racing.
| ||||||
16 | (e-1) In awarding standardbred racing dates for calendar | ||||||
17 | year 2012 and thereafter, the Board shall award at least 310 | ||||||
18 | racing days, and each organization licensees shall average at | ||||||
19 | least 12 races for each racing day awarded. The Board shall | ||||||
20 | have the discretion to allocate those racing days among | ||||||
21 | organization licensees requesting standardbred race dates. | ||||||
22 | Once awarded by the Board, organization licensees awarded | ||||||
23 | standardbred dates shall run at least 3,500 races in total | ||||||
24 | during that calendar year. | ||||||
25 | (e-2) In awarding racing dates for calendar year 2012 and | ||||||
26 | thereafter, the Board shall award racing dates and the |
| |||||||
| |||||||
1 | organization licensees shall run at least 2,500 thoroughbred | ||||||
2 | races at Cook County race tracks and 700 thoroughbred races at | ||||||
3 | a race track in Madison County each year. In awarding racing | ||||||
4 | dates under this subsection (e-2), the Board shall have the | ||||||
5 | discretion to allocate those racing dates among organization | ||||||
6 | licensees. | ||||||
7 | (e-3) The Board shall ensure that each organization | ||||||
8 | licensee shall individually run a sufficient number of races | ||||||
9 | per year to qualify for an electronic gaming license under | ||||||
10 | Section 7.6 of the Illinois Gambling Act. | ||||||
11 | (e-4) Notwithstanding the provisions of Section 7.6 of the | ||||||
12 | Illinois Gambling Act, for each calendar year for which an | ||||||
13 | electronic gaming licensee requests a number of live racing | ||||||
14 | days under its organization license that is less than the | ||||||
15 | number of days of live racing awarded in 2009 for its race | ||||||
16 | track facility, the electronic gaming licensee may not conduct | ||||||
17 | electronic gaming for the calendar year of such requested | ||||||
18 | racing days. The number of days of live racing may be adjusted, | ||||||
19 | on a year-by-year basis, because of weather or unsafe track | ||||||
20 | conditions due to acts of God or an agreement between the | ||||||
21 | organization licensee and the association representing the | ||||||
22 | largest number of owners, trainers, or standardbred drivers who | ||||||
23 | race horses at that organization licensee's racing meeting. | ||||||
24 | (e-5) In reviewing an application for the purpose of | ||||||
25 | granting an
organization license consistent with
the best | ||||||
26 | interests of the public and the
sport of horse racing, the |
| |||||||
| |||||||
1 | Board shall consider:
| ||||||
2 | (1) the character, reputation, experience, and | ||||||
3 | financial integrity of the
applicant and of any other | ||||||
4 | separate person that either:
| ||||||
5 | (i) controls the applicant, directly or | ||||||
6 | indirectly, or
| ||||||
7 | (ii) is controlled, directly or indirectly, by | ||||||
8 | that applicant or by a
person who controls, directly or | ||||||
9 | indirectly, that applicant;
| ||||||
10 | (2) the applicant's facilities or proposed facilities | ||||||
11 | for conducting
horse
racing;
| ||||||
12 | (3) the total revenue without regard to Section 32.1 to | ||||||
13 | be derived by
the State and horsemen from the applicant's
| ||||||
14 | conducting a race meeting;
| ||||||
15 | (4) the applicant's good faith affirmative action plan | ||||||
16 | to recruit, train,
and upgrade minorities in all employment | ||||||
17 | classifications;
| ||||||
18 | (5) the applicant's financial ability to purchase and | ||||||
19 | maintain adequate
liability and casualty insurance;
| ||||||
20 | (6) the applicant's proposed and prior year's | ||||||
21 | promotional and marketing
activities and expenditures of | ||||||
22 | the applicant associated with those activities;
| ||||||
23 | (7) an agreement, if any, among organization licensees | ||||||
24 | as provided in
subsection (b) of Section 21 of this Act; | ||||||
25 | and
| ||||||
26 | (8) the extent to which the applicant exceeds or meets |
| |||||||
| |||||||
1 | other standards for
the issuance of an organization license | ||||||
2 | that the Board shall adopt by rule.
| ||||||
3 | In granting organization licenses and allocating dates for | ||||||
4 | horse race
meetings, the Board shall have discretion to | ||||||
5 | determine an overall schedule,
including required simulcasts | ||||||
6 | of Illinois races by host tracks that will, in
its judgment, be | ||||||
7 | conducive to the best interests of
the public and the sport of | ||||||
8 | horse racing.
| ||||||
9 | (e-10) The Illinois Administrative Procedure Act shall | ||||||
10 | apply to
administrative procedures of the Board under this Act | ||||||
11 | for the granting of an
organization license, except that (1) | ||||||
12 | notwithstanding the provisions of
subsection (b) of Section | ||||||
13 | 10-40 of the Illinois Administrative Procedure Act
regarding | ||||||
14 | cross-examination, the
Board may prescribe rules limiting the | ||||||
15 | right of an applicant or participant in
any proceeding to award | ||||||
16 | an organization license to conduct cross-examination of
| ||||||
17 | witnesses at that proceeding where that cross-examination | ||||||
18 | would unduly obstruct
the timely award of an organization | ||||||
19 | license under subsection (e) of Section 20
of this Act; (2) the | ||||||
20 | provisions of Section 10-45 of the Illinois Administrative
| ||||||
21 | Procedure Act regarding proposals for decision are excluded | ||||||
22 | under this Act; (3)
notwithstanding the provisions of | ||||||
23 | subsection (a) of Section 10-60 of the
Illinois Administrative | ||||||
24 | Procedure Act regarding ex parte communications, the
Board may | ||||||
25 | prescribe rules allowing ex parte communications with | ||||||
26 | applicants or
participants in a proceeding to award an |
| |||||||
| |||||||
1 | organization license where conducting
those communications | ||||||
2 | would be in the best interest of racing, provided all
those | ||||||
3 | communications are made part of the record of that proceeding | ||||||
4 | pursuant
to subsection (c) of Section 10-60 of the Illinois | ||||||
5 | Administrative
Procedure Act; (4) the provisions of Section 14a | ||||||
6 | of this Act and the rules of
the Board promulgated under that | ||||||
7 | Section shall apply instead of the provisions
of Article 10 of | ||||||
8 | the Illinois Administrative Procedure Act regarding
| ||||||
9 | administrative law judges; and (5) the provisions of subsection | ||||||
10 | (d)
of Section 10-65 of the Illinois Administrative Procedure | ||||||
11 | Act that prevent
summary suspension of a license pending | ||||||
12 | revocation or other action shall not
apply.
| ||||||
13 | (f) The Board may allot racing dates to an organization | ||||||
14 | licensee for more
than one calendar year but for no more than 3 | ||||||
15 | successive calendar years in
advance, provided that the Board | ||||||
16 | shall review such allotment for more than
one calendar year | ||||||
17 | prior to each year for which such allotment has been
made. The | ||||||
18 | granting of an organization license to a person constitutes a
| ||||||
19 | privilege to conduct a horse race meeting under the provisions | ||||||
20 | of this Act, and
no person granted an organization license | ||||||
21 | shall be deemed to have a vested
interest, property right, or | ||||||
22 | future expectation to receive an organization
license in any | ||||||
23 | subsequent year as a result of the granting of an organization
| ||||||
24 | license. Organization licenses shall be subject to revocation | ||||||
25 | if the
organization licensee has violated any provision of this | ||||||
26 | Act
or the rules and regulations promulgated under this Act or |
| |||||||
| |||||||
1 | has been convicted
of a crime or has failed to disclose or has | ||||||
2 | stated falsely any information
called for in the application | ||||||
3 | for an organization license. Any
organization license | ||||||
4 | revocation
proceeding shall be in accordance with Section 16 | ||||||
5 | regarding suspension and
revocation of occupation licenses.
| ||||||
6 | (f-5) If, (i) an applicant does not file an acceptance of | ||||||
7 | the racing dates
awarded by the Board as required under part | ||||||
8 | (1) of subsection (h) of this
Section 20, or (ii) an | ||||||
9 | organization licensee has its license suspended or
revoked | ||||||
10 | under this Act, the Board, upon conducting an emergency hearing | ||||||
11 | as
provided for in this Act, may reaward on an emergency basis | ||||||
12 | pursuant to
rules established by the Board, racing dates not | ||||||
13 | accepted or the racing
dates
associated with any suspension or | ||||||
14 | revocation period to one or more organization
licensees, new | ||||||
15 | applicants, or any combination thereof, upon terms and
| ||||||
16 | conditions that the Board determines are in the best interest | ||||||
17 | of racing,
provided, the organization licensees or new | ||||||
18 | applicants receiving the awarded
racing dates file an | ||||||
19 | acceptance of those reawarded racing dates as
required under | ||||||
20 | paragraph (1) of subsection (h) of this Section 20 and comply
| ||||||
21 | with the other provisions of this Act. The Illinois | ||||||
22 | Administrative Procedure Procedures
Act shall not apply to the | ||||||
23 | administrative procedures of the Board in conducting
the | ||||||
24 | emergency hearing and the reallocation of racing dates on an | ||||||
25 | emergency
basis.
| ||||||
26 | (g) (Blank).
|
| |||||||
| |||||||
1 | (h) The Board shall send the applicant a copy of its | ||||||
2 | formally
executed order by certified mail addressed to the | ||||||
3 | applicant at the
address stated in his application, which | ||||||
4 | notice shall be mailed within 5 days
of the date the formal | ||||||
5 | order is executed.
| ||||||
6 | Each applicant notified shall, within 10 days after receipt | ||||||
7 | of the
final executed order of the Board awarding
racing dates:
| ||||||
8 | (1) file with the Board an acceptance of such
award in
| ||||||
9 | the form
prescribed by the Board;
| ||||||
10 | (2) pay to the Board an additional amount equal to $110 | ||||||
11 | for each
racing date awarded; and
| ||||||
12 | (3) file with the Board the bonds required in Sections | ||||||
13 | 21
and 25 at least
20 days prior to the first day of each | ||||||
14 | race meeting.
| ||||||
15 | Upon compliance with the provisions of paragraphs (1), (2), and | ||||||
16 | (3) of
this subsection (h), the applicant shall be issued an
| ||||||
17 | organization license.
| ||||||
18 | If any applicant fails to comply with this Section or fails
| ||||||
19 | to pay the organization license fees herein provided, no | ||||||
20 | organization
license shall be issued to such applicant.
| ||||||
21 | (Source: P.A. 91-40, eff. 6-25-99; revised 9-16-10.)
| ||||||
22 | (230 ILCS 5/24) (from Ch. 8, par. 37-24)
| ||||||
23 | Sec. 24.
(a) No license shall be issued to or held by an | ||||||
24 | organization
licensee unless all of its officers, directors, | ||||||
25 | and holders of ownership
interests of at least 5% are first |
| |||||||
| |||||||
1 | approved by the Board. The Board shall not
give approval of an | ||||||
2 | organization license application to any person who has been
| ||||||
3 | convicted of or is under an indictment for a crime of moral | ||||||
4 | turpitude or has
violated any provision of the racing law of | ||||||
5 | this State or any rules of the
Board.
| ||||||
6 | (b) An organization licensee must notify the Board within | ||||||
7 | 10 days of any
change in the holders of a direct or indirect | ||||||
8 | interest in the ownership of the
organization licensee. The | ||||||
9 | Board may, after hearing, revoke the organization
license of | ||||||
10 | any
person who registers on its books or knowingly permits a | ||||||
11 | direct or indirect
interest in the ownership of that person | ||||||
12 | without notifying the Board of the
name of the holder in | ||||||
13 | interest within this period.
| ||||||
14 | (c) In addition to the provisions of subsection
(a) of this | ||||||
15 | Section, no person shall be granted an
organization
license if
| ||||||
16 | any public official of the State or member of his
or her family | ||||||
17 | holds any ownership or financial interest, directly or
| ||||||
18 | indirectly, in the person.
| ||||||
19 | (d) No person which has been granted an organization
| ||||||
20 | license
to hold a race meeting shall give to any public | ||||||
21 | official or member of his
family, directly or indirectly, for | ||||||
22 | or without consideration, any interest in the person. The Board | ||||||
23 | shall, after hearing, revoke
the organization license granted | ||||||
24 | to a person which has
violated this subsection.
| ||||||
25 | (e) (Blank).
| ||||||
26 | (f) No organization licensee or concessionaire or officer, |
| |||||||
| |||||||
1 | director or
holder or controller of
5% or more legal or | ||||||
2 | beneficial interest in any organization licensee or
concession
| ||||||
3 | shall make any sort of
gift or contribution that is prohibited | ||||||
4 | under Article 10 of the State Officials and Employees Ethics | ||||||
5 | Act of any kind or pay or give any money or other thing
of value | ||||||
6 | to any
person who is a public official, or a candidate or | ||||||
7 | nominee for public office if that payment or gift is prohibited | ||||||
8 | under Article 10 of the State Officials and Employees Ethics | ||||||
9 | Act .
| ||||||
10 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
11 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
12 | Sec. 26. Wagering.
| ||||||
13 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
14 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
15 | horse races conducted by
an Illinois organization
licensee or | ||||||
16 | conducted at a racetrack located in another state or country | ||||||
17 | and
televised in Illinois in accordance with subsection (g) of | ||||||
18 | Section 26 of this
Act. Subject to the prior consent of the | ||||||
19 | Board, licensees may supplement any
pari-mutuel pool in order | ||||||
20 | to guarantee a minimum distribution. Such
pari-mutuel method of | ||||||
21 | wagering shall not,
under any circumstances if conducted under | ||||||
22 | the provisions of this Act,
be held or construed to be | ||||||
23 | unlawful, other statutes of this State to the
contrary | ||||||
24 | notwithstanding.
Subject to rules for advance wagering | ||||||
25 | promulgated by the Board, any
licensee
may accept wagers in |
| |||||||
| |||||||
1 | advance of the day of
the race wagered upon occurs.
| ||||||
2 | (b) Except for those gaming activities for which a license | ||||||
3 | is obtained and authorized under the Illinois Lottery Act, the | ||||||
4 | Charitable Games Act, the Raffles Act, or the Illinois Gambling | ||||||
5 | Act, no No other method of betting, pool making, wagering or
| ||||||
6 | gambling shall be used or permitted by the licensee. Each | ||||||
7 | licensee
may retain, subject to the payment of all applicable
| ||||||
8 | taxes and purses, an amount not to exceed 17% of all money | ||||||
9 | wagered
under subsection (a) of this Section, except as may | ||||||
10 | otherwise be permitted
under this Act.
| ||||||
11 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
12 | system from
any licensed location authorized under this Act | ||||||
13 | provided that wager is
electronically recorded in the manner | ||||||
14 | described in Section 3.12 of this Act.
Any wager made | ||||||
15 | electronically by an individual while physically on the | ||||||
16 | premises
of a licensee shall be deemed to have been made at the | ||||||
17 | premises of that
licensee.
| ||||||
18 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
19 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
20 | to December 31 of the
next year, shall be retained by the | ||||||
21 | licensee for payment of
such tickets until that date. Within 10 | ||||||
22 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
23 | less any uncashed supplements contributed by such
licensee for | ||||||
24 | the purpose of guaranteeing minimum distributions
of any | ||||||
25 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
26 | Rehabilitation Fund of the State treasury, except as provided |
| |||||||
| |||||||
1 | in subsection
(g) of Section 27 of this Act.
| ||||||
2 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
3 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
4 | unclaimed prior to December 31 of the
next year, shall be | ||||||
5 | retained by the licensee for payment of
such tickets until that | ||||||
6 | date. Within 10 days thereafter, the balance of
such sum | ||||||
7 | remaining unclaimed, less any uncashed supplements contributed | ||||||
8 | by such
licensee for the purpose of guaranteeing minimum | ||||||
9 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
10 | distributed to the purse account of
the organization licensee | ||||||
11 | and the organization licensee.
| ||||||
12 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
13 | of the
next calendar year, and the licensee shall pay the same | ||||||
14 | and may
charge the amount thereof against unpaid money | ||||||
15 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
16 | presented for payment.
| ||||||
17 | (e) No licensee shall knowingly permit any minor, other
| ||||||
18 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
19 | driver, or employee thereof, to be admitted during a racing
| ||||||
20 | program unless accompanied by a parent or guardian, or any | ||||||
21 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
22 | conducted or
supervised by it. The admission of any | ||||||
23 | unaccompanied minor, other than
an employee of the licensee or | ||||||
24 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
25 | race track is a Class C
misdemeanor.
| ||||||
26 | (f) Notwithstanding the other provisions of this Act, an
|
| |||||||
| |||||||
1 | organization licensee may contract
with an entity in another | ||||||
2 | state or country to permit any legal
wagering entity in another | ||||||
3 | state or country to accept wagers solely within
such other | ||||||
4 | state or country on races conducted by the organization | ||||||
5 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
6 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
7 | when the out-of-State entity conducts a pari-mutuel pool
| ||||||
8 | separate from the organization licensee, a privilege tax equal | ||||||
9 | to 7 1/2% of
all monies received by the organization licensee | ||||||
10 | from entities in other states
or countries pursuant to such | ||||||
11 | contracts is imposed on the organization
licensee, and such | ||||||
12 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
13 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
14 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
15 | pool with the organization licensee, the tax shall be 10%
of | ||||||
16 | all monies received by the organization licensee with 25% of | ||||||
17 | the
receipts from this 10% tax to be distributed to the county
| ||||||
18 | in which the race was conducted.
| ||||||
19 | An organization licensee may permit one or more of its | ||||||
20 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
21 | locations in other states and may
transmit audio and visual | ||||||
22 | signals of races the organization licensee
conducts to one or
| ||||||
23 | more locations outside the State or country and may also permit | ||||||
24 | pari-mutuel
pools in other states or countries to be combined | ||||||
25 | with its gross or net
wagering pools or with wagering pools | ||||||
26 | established by other states.
|
| |||||||
| |||||||
1 | (g) A host track may accept interstate simulcast wagers on
| ||||||
2 | horse
races conducted in other states or countries and shall | ||||||
3 | control the
number of signals and types of breeds of racing in | ||||||
4 | its simulcast program,
subject to the disapproval of the Board. | ||||||
5 | The Board may prohibit a simulcast
program only if it finds | ||||||
6 | that the simulcast program is clearly
adverse to the integrity | ||||||
7 | of racing. The host track
simulcast program shall
include the | ||||||
8 | signal of live racing of all organization licensees.
All | ||||||
9 | non-host licensees and advance deposit wagering licensees | ||||||
10 | shall carry the signal of and accept wagers on live racing of | ||||||
11 | all organization licensees. Advance deposit wagering licensees | ||||||
12 | shall not be permitted to accept out-of-state wagers on any | ||||||
13 | Illinois signal provided pursuant to this Section without the | ||||||
14 | approval and consent of the organization licensee providing the | ||||||
15 | signal. Non-host licensees may carry the host track simulcast | ||||||
16 | program and
shall accept wagers on all races included as part | ||||||
17 | of the simulcast
program upon which wagering is permitted.
All | ||||||
18 | organization licensees shall provide their live signal to all | ||||||
19 | advance deposit wagering licensees for a simulcast commission | ||||||
20 | fee not to exceed 6% of the advance deposit wagering licensee's | ||||||
21 | Illinois handle on the organization licensee's signal without | ||||||
22 | prior approval by the Board. The Board may adopt rules under | ||||||
23 | which it may permit simulcast commission fees in excess of 6%. | ||||||
24 | The Board shall adopt rules limiting the interstate commission | ||||||
25 | fees charged to an advance deposit wagering licensee. The Board | ||||||
26 | shall adopt rules regarding advance deposit wagering on |
| |||||||
| |||||||
1 | interstate simulcast races that shall reflect, among other | ||||||
2 | things, the General Assembly's desire to maximize revenues to | ||||||
3 | the State, horsemen purses, and organizational licensees. | ||||||
4 | However, organization licensees providing live signals | ||||||
5 | pursuant to the requirements of this subsection (g) may | ||||||
6 | petition the Board to withhold their live signals from an | ||||||
7 | advance deposit wagering licensee if the organization licensee | ||||||
8 | discovers and the Board finds reputable or credible information | ||||||
9 | that the advance deposit wagering licensee is under | ||||||
10 | investigation by another state or federal governmental agency, | ||||||
11 | the advance deposit wagering licensee's license has been | ||||||
12 | suspended in another state, or the advance deposit wagering | ||||||
13 | licensee's license is in revocation proceedings in another | ||||||
14 | state. The organization licensee's provision of their live | ||||||
15 | signal to an advance deposit wagering licensee under this | ||||||
16 | subsection (g) pertains to wagers placed from within Illinois. | ||||||
17 | Advance deposit wagering licensees may place advance deposit | ||||||
18 | wagering terminals at wagering facilities as a convenience to | ||||||
19 | customers. The advance deposit wagering licensee shall not | ||||||
20 | charge or collect any fee from purses for the placement of the | ||||||
21 | advance deposit wagering terminals. The costs and expenses
of | ||||||
22 | the host track and non-host licensees associated
with | ||||||
23 | interstate simulcast
wagering, other than the interstate
| ||||||
24 | commission fee, shall be borne by the host track and all
| ||||||
25 | non-host licensees
incurring these costs.
The interstate | ||||||
26 | commission fee shall not exceed 5% of Illinois handle on the
|
| |||||||
| |||||||
1 | interstate simulcast race or races without prior approval of | ||||||
2 | the Board. The
Board shall promulgate rules under which it may | ||||||
3 | permit
interstate commission
fees in excess of 5%. The | ||||||
4 | interstate commission
fee and other fees charged by the sending | ||||||
5 | racetrack, including, but not
limited to, satellite decoder | ||||||
6 | fees, shall be uniformly applied
to the host track and all | ||||||
7 | non-host licensees.
| ||||||
8 | Notwithstanding any other provision of this Act, for a | ||||||
9 | period of 3 years after the effective date of this amendatory | ||||||
10 | Act of the 96th General Assembly, an organization licensee may | ||||||
11 | maintain a system whereby advance deposit wagering may take | ||||||
12 | place or an organization licensee, with the consent of the | ||||||
13 | horsemen association representing the largest number of | ||||||
14 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
15 | horses at that organization licensee's racing meeting, may | ||||||
16 | contract with another person to carry out a system of advance | ||||||
17 | deposit wagering. Such consent may not be unreasonably | ||||||
18 | withheld. All advance deposit wagers placed from within | ||||||
19 | Illinois must be placed through a Board-approved advance | ||||||
20 | deposit wagering licensee; no other entity may accept an | ||||||
21 | advance deposit wager from a person within Illinois. All | ||||||
22 | advance deposit wagering is subject to any rules adopted by the | ||||||
23 | Board. The Board may adopt rules necessary to regulate advance | ||||||
24 | deposit wagering through the use of emergency rulemaking in | ||||||
25 | accordance with Section 5-45 of the Illinois Administrative | ||||||
26 | Procedure Act. The General Assembly finds that the adoption of |
| |||||||
| |||||||
1 | rules to regulate advance deposit wagering is deemed an | ||||||
2 | emergency and necessary for the public interest, safety, and | ||||||
3 | welfare. An advance deposit wagering licensee may retain all | ||||||
4 | moneys as agreed to by contract with an organization licensee. | ||||||
5 | Any moneys retained by the organization licensee from advance | ||||||
6 | deposit wagering, not including moneys retained by the advance | ||||||
7 | deposit wagering licensee, shall be paid 50% to the | ||||||
8 | organization licensee's purse account and 50% to the | ||||||
9 | organization licensee. If more than one breed races at the same | ||||||
10 | race track facility, then the 50% of the moneys to be paid to | ||||||
11 | an organization licensee's purse account shall be allocated | ||||||
12 | among all organization licensees' purse accounts operating at | ||||||
13 | that race track facility proportionately based on the actual | ||||||
14 | number of host days that the Board grants to that breed at that | ||||||
15 | race track facility in the current calendar year. To the extent | ||||||
16 | any fees from advance deposit wagering conducted in Illinois | ||||||
17 | for wagers in Illinois or other states have been placed in | ||||||
18 | escrow or otherwise withheld from wagers pending a | ||||||
19 | determination of the legality of advance deposit wagering, no | ||||||
20 | action shall be brought to declare such wagers or the | ||||||
21 | disbursement of any fees previously escrowed illegal.
| ||||||
22 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
23 | intertrack wagering
licensee other than the host track may | ||||||
24 | supplement the host track simulcast
program with | ||||||
25 | additional simulcast races or race programs, provided that | ||||||
26 | between
January 1 and the third Friday in February of any |
| |||||||
| |||||||
1 | year, inclusive, if no live
thoroughbred racing is | ||||||
2 | occurring in Illinois during this period, only
| ||||||
3 | thoroughbred races may be used
for supplemental interstate | ||||||
4 | simulcast purposes. The Board shall withhold
approval for a | ||||||
5 | supplemental interstate simulcast only if it finds that the
| ||||||
6 | simulcast is clearly adverse to the integrity of racing. A | ||||||
7 | supplemental
interstate simulcast may be transmitted from | ||||||
8 | an intertrack wagering licensee to
its affiliated non-host | ||||||
9 | licensees. The interstate commission fee for a
| ||||||
10 | supplemental interstate simulcast shall be paid by the | ||||||
11 | non-host licensee and
its affiliated non-host licensees | ||||||
12 | receiving the simulcast.
| ||||||
13 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
14 | intertrack wagering
licensee other than the host track may | ||||||
15 | receive supplemental interstate
simulcasts only with the | ||||||
16 | consent of the host track, except when the Board
finds that | ||||||
17 | the simulcast is
clearly adverse to the integrity of | ||||||
18 | racing. Consent granted under this
paragraph (2) to any | ||||||
19 | intertrack wagering licensee shall be deemed consent to
all | ||||||
20 | non-host licensees. The interstate commission fee for the | ||||||
21 | supplemental
interstate simulcast shall be paid
by all | ||||||
22 | participating non-host licensees.
| ||||||
23 | (3) Each licensee conducting interstate simulcast | ||||||
24 | wagering may retain,
subject to the payment of all | ||||||
25 | applicable taxes and the purses, an amount not to
exceed | ||||||
26 | 17% of all money wagered. If any licensee conducts the |
| |||||||
| |||||||
1 | pari-mutuel
system wagering on races conducted at | ||||||
2 | racetracks in another state or country,
each such race or | ||||||
3 | race program shall be considered a separate racing day for
| ||||||
4 | the purpose of determining the daily handle and computing | ||||||
5 | the privilege tax of
that daily handle as provided in | ||||||
6 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
7 | the sums permitted to be retained pursuant to this | ||||||
8 | subsection, each
intertrack wagering location licensee | ||||||
9 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
10 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
11 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
12 | subsection (h) of
Section 26 of this Act.
| ||||||
13 | (4) A licensee who receives an interstate simulcast may | ||||||
14 | combine its gross
or net pools with pools at the sending | ||||||
15 | racetracks pursuant to rules established
by the Board. All | ||||||
16 | licensees combining their gross pools
at a
sending | ||||||
17 | racetrack shall adopt the take-out percentages of the | ||||||
18 | sending
racetrack.
A licensee may also establish a separate | ||||||
19 | pool and takeout structure for
wagering purposes on races | ||||||
20 | conducted at race tracks outside of the
State of Illinois. | ||||||
21 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
22 | states or
countries to be combined with its gross or net | ||||||
23 | wagering pools or other
wagering pools.
| ||||||
24 | (5) After the payment of the interstate commission fee | ||||||
25 | (except for the
interstate commission
fee on a supplemental | ||||||
26 | interstate simulcast, which shall be paid by the host
track |
| |||||||
| |||||||
1 | and by each non-host licensee through the host-track) and | ||||||
2 | all applicable
State and local
taxes, except as provided in | ||||||
3 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
4 | moneys retained from simulcast wagering pursuant to this
| ||||||
5 | subsection (g), and Section 26.2 shall be divided as | ||||||
6 | follows:
| ||||||
7 | (A) For interstate simulcast wagers made at a host | ||||||
8 | track, 50% to the
host
track and 50% to purses at the | ||||||
9 | host track.
| ||||||
10 | (B) For wagers placed on interstate simulcast | ||||||
11 | races, supplemental
simulcasts as defined in | ||||||
12 | subparagraphs (1) and (2), and separately pooled races
| ||||||
13 | conducted outside of the State of Illinois made at a | ||||||
14 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
15 | non-host licensee, and 50% to the purses at the host | ||||||
16 | track.
| ||||||
17 | (6) Notwithstanding any provision in this Act to the | ||||||
18 | contrary, non-host
licensees
who derive their licenses | ||||||
19 | from a track located in a county with a population in
| ||||||
20 | excess of 230,000 and that borders the Mississippi River | ||||||
21 | may receive
supplemental interstate simulcast races at all | ||||||
22 | times subject to Board approval,
which shall be withheld | ||||||
23 | only upon a finding that a supplemental interstate
| ||||||
24 | simulcast is clearly adverse to the integrity of racing.
| ||||||
25 | (7) Notwithstanding any provision of this Act to the | ||||||
26 | contrary, after
payment of all applicable State and local |
| |||||||
| |||||||
1 | taxes and interstate commission fees,
non-host licensees | ||||||
2 | who derive their licenses from a track located in a county
| ||||||
3 | with a population in excess of 230,000 and that borders the | ||||||
4 | Mississippi River
shall retain 50% of the retention from | ||||||
5 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
6 | the track from which the non-host licensee derives its
| ||||||
7 | license as follows:
| ||||||
8 | (A) Between January 1 and the third Friday in | ||||||
9 | February, inclusive, if no
live thoroughbred racing is | ||||||
10 | occurring in Illinois during this period, when the
| ||||||
11 | interstate simulcast is a standardbred race, the purse | ||||||
12 | share to its
standardbred purse account;
| ||||||
13 | (B) Between January 1 and the third Friday in | ||||||
14 | February, inclusive, if no
live thoroughbred racing is | ||||||
15 | occurring in Illinois during this period, and the
| ||||||
16 | interstate simulcast is a thoroughbred race, the purse | ||||||
17 | share to its interstate
simulcast purse pool to be | ||||||
18 | distributed under paragraph (10) of this subsection
| ||||||
19 | (g);
| ||||||
20 | (C) Between January 1 and the third Friday in | ||||||
21 | February, inclusive, if
live thoroughbred racing is | ||||||
22 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
23 | the purse share from wagers made during this time | ||||||
24 | period to its
thoroughbred purse account and between | ||||||
25 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
26 | made during this time period to its standardbred purse |
| |||||||
| |||||||
1 | accounts;
| ||||||
2 | (D) Between the third Saturday in February and | ||||||
3 | December 31, when the
interstate simulcast occurs | ||||||
4 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
5 | share to its thoroughbred purse account;
| ||||||
6 | (E) Between the third Saturday in February and | ||||||
7 | December 31, when the
interstate simulcast occurs | ||||||
8 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
9 | share to its standardbred purse account.
| ||||||
10 | (7.1) Notwithstanding any other provision of this Act | ||||||
11 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
12 | a racetrack located in Madison County
during any
calendar | ||||||
13 | year beginning on or after January 1, 2002, all
moneys | ||||||
14 | derived by
that racetrack from simulcast wagering and | ||||||
15 | inter-track wagering that (1) are to
be used
for purses and | ||||||
16 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
17 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
18 | (A) If the licensee that conducts horse racing at | ||||||
19 | that racetrack
requests from the Board at least as many | ||||||
20 | racing dates as were conducted in
calendar year 2000, | ||||||
21 | 80% shall be paid to its thoroughbred purse account; | ||||||
22 | and
| ||||||
23 | (B) Twenty percent shall be deposited into the | ||||||
24 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
25 | be paid to purses for standardbred races for Illinois | ||||||
26 | conceived
and foaled horses conducted at any county |
| |||||||
| |||||||
1 | fairgrounds.
The moneys deposited into the Fund | ||||||
2 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
3 | within 2
weeks after the day they were generated, shall | ||||||
4 | be in addition to and not in
lieu of any other
moneys | ||||||
5 | paid to standardbred purses under this Act, and shall | ||||||
6 | not be commingled
with other moneys paid into that | ||||||
7 | Fund. The moneys deposited
pursuant to this | ||||||
8 | subparagraph (B) shall be allocated as provided by the
| ||||||
9 | Department of Agriculture, with the advice and | ||||||
10 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
11 | Advisory Board.
| ||||||
12 | (7.2) Notwithstanding any other provision of this Act | ||||||
13 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
14 | a racetrack located in Madison County
during any
calendar | ||||||
15 | year beginning on or after January 1,
2002, all
moneys | ||||||
16 | derived by
that racetrack from simulcast wagering and | ||||||
17 | inter-track wagering that (1) are to
be used
for purses and | ||||||
18 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
19 | p.m.
during that
calendar year shall
be deposited as | ||||||
20 | follows:
| ||||||
21 | (A) If the licensee that conducts horse racing at | ||||||
22 | that racetrack
requests from the
Board at least
as many | ||||||
23 | racing dates as were conducted in calendar year 2000, | ||||||
24 | 80%
shall be deposited into its standardbred purse
| ||||||
25 | account; and
| ||||||
26 | (B) Twenty percent shall be deposited into the |
| |||||||
| |||||||
1 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
2 | deposited into the Illinois Colt Stakes Purse
| ||||||
3 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
4 | shall be paid to Illinois
conceived and foaled | ||||||
5 | thoroughbred breeders' programs
and to thoroughbred | ||||||
6 | purses for races conducted at any county fairgrounds | ||||||
7 | for
Illinois conceived
and foaled horses at the | ||||||
8 | discretion of the
Department of Agriculture, with the | ||||||
9 | advice and assistance of
the Illinois Thoroughbred | ||||||
10 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
11 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
12 | pursuant to this subparagraph (B) shall be deposited | ||||||
13 | within 2 weeks
after the day they were generated, shall | ||||||
14 | be in addition to and not in
lieu of any other moneys | ||||||
15 | paid to thoroughbred purses
under this Act, and shall | ||||||
16 | not be commingled with other moneys deposited into
that | ||||||
17 | Fund.
| ||||||
18 | (7.3) If no live standardbred racing is conducted at a | ||||||
19 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
20 | or 2001,
an organization licensee who is licensed
to | ||||||
21 | conduct horse racing at that racetrack shall, before | ||||||
22 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
23 | wagering and inter-track wagering in calendar
years 2000 | ||||||
24 | and 2001 and
paid into the licensee's standardbred purse | ||||||
25 | account as follows:
| ||||||
26 | (A) Eighty percent to that licensee's thoroughbred |
| |||||||
| |||||||
1 | purse account to
be used for thoroughbred purses; and
| ||||||
2 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
3 | Purse Distribution
Fund.
| ||||||
4 | Failure to make the payment to the Illinois Colt Stakes | ||||||
5 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
6 | in the immediate revocation of the licensee's organization
| ||||||
7 | license, inter-track wagering license, and inter-track | ||||||
8 | wagering location
license.
| ||||||
9 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
10 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
11 | paid to purses for standardbred
races for Illinois | ||||||
12 | conceived and foaled horses conducted
at any county
| ||||||
13 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
14 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
15 | shall be used as determined by the
Department of | ||||||
16 | Agriculture, with the advice and assistance of the
Illinois | ||||||
17 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
18 | addition to
and not in lieu of any other moneys paid to | ||||||
19 | standardbred purses under this Act,
and shall not be | ||||||
20 | commingled
with any other moneys paid into that Fund.
| ||||||
21 | (7.4) If live standardbred racing is conducted at a | ||||||
22 | racetrack located in
Madison
County at any time in calendar | ||||||
23 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
24 | has been made, the organization licensee who is licensed to
| ||||||
25 | conduct
racing at that racetrack shall pay all moneys | ||||||
26 | derived by that racetrack from
simulcast
wagering and |
| |||||||
| |||||||
1 | inter-track wagering during calendar years 2000 and 2001 | ||||||
2 | that (1)
are to be
used for purses and (2) are generated | ||||||
3 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
4 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
5 | be used for standardbred purses.
| ||||||
6 | (8) Notwithstanding any provision in this Act to the | ||||||
7 | contrary, an
organization licensee from a track located in | ||||||
8 | a county with a population in
excess of 230,000 and that | ||||||
9 | borders the Mississippi River and its affiliated
non-host | ||||||
10 | licensees shall not be entitled to share in any retention | ||||||
11 | generated on
racing, inter-track wagering, or simulcast | ||||||
12 | wagering at any other Illinois
wagering facility.
| ||||||
13 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
14 | contrary, if 2
organization licensees
are conducting | ||||||
15 | standardbred race meetings concurrently
between the hours | ||||||
16 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
17 | State and local taxes and interstate commission fees, the | ||||||
18 | remainder of the
amount retained from simulcast wagering | ||||||
19 | otherwise attributable to the host
track and to host track | ||||||
20 | purses shall be split daily between the 2
organization | ||||||
21 | licensees and the purses at the tracks of the 2 | ||||||
22 | organization
licensees, respectively, based on each | ||||||
23 | organization licensee's share
of the total live handle for | ||||||
24 | that day,
provided that this provision shall not apply to | ||||||
25 | any non-host licensee that
derives its license from a track | ||||||
26 | located in a county with a population in
excess of 230,000 |
| |||||||
| |||||||
1 | and that borders the Mississippi River.
| ||||||
2 | (9) (Blank).
| ||||||
3 | (10) (Blank).
| ||||||
4 | (11) (Blank).
| ||||||
5 | (12) The Board shall have authority to compel all host | ||||||
6 | tracks to receive
the simulcast of any or all races | ||||||
7 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
8 | and include all such races as part of their simulcast | ||||||
9 | programs.
| ||||||
10 | (13) Notwithstanding any other provision of this Act, | ||||||
11 | in the event that
the total Illinois pari-mutuel handle on | ||||||
12 | Illinois horse races at all wagering
facilities in any | ||||||
13 | calendar year is less than 75% of the total Illinois
| ||||||
14 | pari-mutuel handle on Illinois horse races at all such | ||||||
15 | wagering facilities for
calendar year 1994, then each | ||||||
16 | wagering facility that has an annual total
Illinois | ||||||
17 | pari-mutuel handle on Illinois horse races that is less | ||||||
18 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
19 | Illinois horse races at such wagering
facility for calendar | ||||||
20 | year 1994, shall be permitted to receive, from any amount
| ||||||
21 | otherwise
payable to the purse account at the race track | ||||||
22 | with which the wagering facility
is affiliated in the | ||||||
23 | succeeding calendar year, an amount equal to 2% of the
| ||||||
24 | differential in total Illinois pari-mutuel handle on | ||||||
25 | Illinois horse
races at the wagering facility between that | ||||||
26 | calendar year in question and 1994
provided, however, that |
| |||||||
| |||||||
1 | a
wagering facility shall not be entitled to any such | ||||||
2 | payment until the Board
certifies in writing to the | ||||||
3 | wagering facility the amount to which the wagering
facility | ||||||
4 | is entitled
and a schedule for payment of the amount to the | ||||||
5 | wagering facility, based on:
(i) the racing dates awarded | ||||||
6 | to the race track affiliated with the wagering
facility | ||||||
7 | during the succeeding year; (ii) the sums available or | ||||||
8 | anticipated to
be available in the purse account of the | ||||||
9 | race track affiliated with the
wagering facility for purses | ||||||
10 | during the succeeding year; and (iii) the need to
ensure | ||||||
11 | reasonable purse levels during the payment period.
The | ||||||
12 | Board's certification
shall be provided no later than | ||||||
13 | January 31 of the succeeding year.
In the event a wagering | ||||||
14 | facility entitled to a payment under this paragraph
(13) is | ||||||
15 | affiliated with a race track that maintains purse accounts | ||||||
16 | for both
standardbred and thoroughbred racing, the amount | ||||||
17 | to be paid to the wagering
facility shall be divided | ||||||
18 | between each purse account pro rata, based on the
amount of | ||||||
19 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
20 | racing
respectively at the wagering facility during the | ||||||
21 | previous calendar year.
Annually, the General Assembly | ||||||
22 | shall appropriate sufficient funds from the
General | ||||||
23 | Revenue Fund to the Department of Agriculture for payment | ||||||
24 | into the
thoroughbred and standardbred horse racing purse | ||||||
25 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
26 | each purse account shall be
the amount certified by the |
| |||||||
| |||||||
1 | Illinois Racing Board in January to be
transferred from | ||||||
2 | each account to each eligible racing facility in
accordance | ||||||
3 | with the provisions of this Section. Beginning in the | ||||||
4 | calendar year in which an organization licensee that is | ||||||
5 | eligible to receive payment under this paragraph (13) | ||||||
6 | begins to receive funds from electronic gaming, the amount | ||||||
7 | of the payment due to all wagering facilities licensed | ||||||
8 | under that organization licensee under this paragraph (13) | ||||||
9 | shall be the amount certified by the Board in January of | ||||||
10 | that year. An organization licensee and its related | ||||||
11 | wagering facilities shall no longer be able to receive | ||||||
12 | payments under this paragraph (13) beginning in the year | ||||||
13 | subsequent to the first year in which the organization | ||||||
14 | licensee begins to receive funds from electronic gaming.
| ||||||
15 | (h) The Board may approve and license the conduct of | ||||||
16 | inter-track wagering
and simulcast wagering by inter-track | ||||||
17 | wagering licensees and inter-track
wagering location licensees | ||||||
18 | subject to the following terms and conditions:
| ||||||
19 | (1) Any person licensed to conduct a race meeting (i) | ||||||
20 | at a track where
60 or more days of racing were conducted | ||||||
21 | during the immediately preceding
calendar year or where | ||||||
22 | over the 5 immediately preceding calendar years an
average | ||||||
23 | of 30 or more days of racing were conducted annually may be | ||||||
24 | issued an
inter-track wagering license; (ii) at a track
| ||||||
25 | located in a county that is bounded by the Mississippi | ||||||
26 | River, which has a
population of less than 150,000 |
| |||||||
| |||||||
1 | according to the 1990 decennial census, and an
average of | ||||||
2 | at least 60 days of racing per year between 1985 and 1993 | ||||||
3 | may be
issued an inter-track wagering license; or (iii) at | ||||||
4 | a track
located in Madison
County that conducted at least | ||||||
5 | 100 days of live racing during the immediately
preceding
| ||||||
6 | calendar year may be issued an inter-track wagering | ||||||
7 | license, unless a lesser
schedule of
live racing is the | ||||||
8 | result of (A) weather, unsafe track conditions, or other
| ||||||
9 | acts of God; (B)
an agreement between the organization | ||||||
10 | licensee and the associations
representing the
largest | ||||||
11 | number of owners, trainers, jockeys, or standardbred | ||||||
12 | drivers who race
horses at
that organization licensee's | ||||||
13 | racing meeting; or (C) a finding by the Board of
| ||||||
14 | extraordinary circumstances and that it was in the best | ||||||
15 | interest of the public
and the sport to conduct fewer than | ||||||
16 | 100 days of live racing. Any such person
having operating | ||||||
17 | control of the racing facility may also receive up to 6
| ||||||
18 | inter-track wagering
location licenses. In no event shall | ||||||
19 | more than 6 inter-track wagering
locations be established | ||||||
20 | for each eligible race track, except that an
eligible race | ||||||
21 | track located in a county that has a population of more | ||||||
22 | than
230,000 and that is bounded by the Mississippi River | ||||||
23 | may establish up to 7
inter-track wagering locations.
An | ||||||
24 | application for
said license shall be filed with the Board | ||||||
25 | prior to such dates as may be
fixed by the Board. With an | ||||||
26 | application for an inter-track
wagering
location license |
| |||||||
| |||||||
1 | there shall be delivered to the Board a certified check or
| ||||||
2 | bank draft payable to the order of the Board for an amount | ||||||
3 | equal to $500.
The application shall be on forms prescribed | ||||||
4 | and furnished by the Board. The
application shall comply | ||||||
5 | with all other rules,
regulations and conditions imposed by | ||||||
6 | the Board in connection therewith.
| ||||||
7 | (2) The Board shall examine the applications with | ||||||
8 | respect to their
conformity with this Act and the rules and | ||||||
9 | regulations imposed by the
Board. If found to be in | ||||||
10 | compliance with the Act and rules and regulations
of the | ||||||
11 | Board, the Board may then issue a license to conduct | ||||||
12 | inter-track
wagering and simulcast wagering to such | ||||||
13 | applicant. All such applications
shall be acted upon by the | ||||||
14 | Board at a meeting to be held on such date as may be
fixed | ||||||
15 | by the Board.
| ||||||
16 | (3) In granting licenses to conduct inter-track | ||||||
17 | wagering and simulcast
wagering, the Board shall give due | ||||||
18 | consideration to
the best interests of the
public, of horse | ||||||
19 | racing, and of maximizing revenue to the State.
| ||||||
20 | (4) Prior to the issuance of a license to conduct | ||||||
21 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
22 | shall file with the Board a bond payable to the State of | ||||||
23 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
24 | and a surety company or
companies authorized to do business | ||||||
25 | in this State, and conditioned upon
(i) the payment by the | ||||||
26 | licensee of all taxes due under Section 27 or 27.1
and any |
| |||||||
| |||||||
1 | other monies due and payable under this Act, and (ii)
| ||||||
2 | distribution by the licensee, upon presentation of the | ||||||
3 | winning ticket or
tickets, of all sums payable to the | ||||||
4 | patrons of pari-mutuel pools.
| ||||||
5 | (5) Each license to conduct inter-track wagering and | ||||||
6 | simulcast
wagering shall specify the person
to whom it is | ||||||
7 | issued, the dates on which such wagering is permitted, and
| ||||||
8 | the track or location where the wagering is to be | ||||||
9 | conducted.
| ||||||
10 | (6) All wagering under such license is subject to this | ||||||
11 | Act and to the
rules and regulations from time to time | ||||||
12 | prescribed by the Board, and every
such license issued by | ||||||
13 | the Board shall contain a recital to that effect.
| ||||||
14 | (7) An inter-track wagering licensee or inter-track | ||||||
15 | wagering location
licensee may accept wagers at the track | ||||||
16 | or location
where it is licensed, or as otherwise provided | ||||||
17 | under this Act.
| ||||||
18 | (8) Inter-track wagering or simulcast wagering shall | ||||||
19 | not be
conducted
at any track less than 4 5 miles from a | ||||||
20 | track at which a racing meeting is in
progress.
| ||||||
21 | (8.1) Inter-track wagering location
licensees who | ||||||
22 | derive their licenses from a particular organization | ||||||
23 | licensee
shall conduct inter-track wagering and simulcast | ||||||
24 | wagering only at locations
which are either within 90
miles | ||||||
25 | of that race track where the particular organization | ||||||
26 | licensee is
licensed to conduct racing, or within 135 miles |
| |||||||
| |||||||
1 | of that race track
where
the particular organization | ||||||
2 | licensee is licensed to conduct racing
in the case
of race | ||||||
3 | tracks in counties of less than 400,000 that were operating | ||||||
4 | on or
before June 1, 1986. However, inter-track wagering | ||||||
5 | and simulcast wagering
shall not
be conducted by those | ||||||
6 | licensees at any location within 5 miles of any race
track | ||||||
7 | at which a
horse race meeting has been licensed in the | ||||||
8 | current year, unless the person
having operating control of | ||||||
9 | such race track has given its written consent
to such | ||||||
10 | inter-track wagering location licensees,
which consent
| ||||||
11 | must be filed with the Board at or prior to the time | ||||||
12 | application is made.
| ||||||
13 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
14 | not be
conducted by an inter-track
wagering location | ||||||
15 | licensee at any location within 500 feet of an
existing
| ||||||
16 | church , an or existing elementary or secondary public | ||||||
17 | school, or an existing elementary or secondary private | ||||||
18 | school registered with or recognized by the State Board of | ||||||
19 | Education school , nor within 500 feet of the residences
of | ||||||
20 | more than 50 registered voters without
receiving written | ||||||
21 | permission from a majority of the registered
voters at such | ||||||
22 | residences.
Such written permission statements shall be | ||||||
23 | filed with the Board. The
distance of 500 feet shall be | ||||||
24 | measured to the nearest part of any
building
used for | ||||||
25 | worship services, education programs, residential | ||||||
26 | purposes, or
conducting inter-track wagering by an |
| |||||||
| |||||||
1 | inter-track wagering location
licensee, and not to | ||||||
2 | property boundaries. However, inter-track wagering or
| ||||||
3 | simulcast wagering may be conducted at a site within 500 | ||||||
4 | feet of
a church, school or residences
of 50 or more | ||||||
5 | registered voters if such church, school
or residences have | ||||||
6 | been erected
or established, or such voters have been | ||||||
7 | registered, after
the Board issues
the original | ||||||
8 | inter-track wagering location license at the site in | ||||||
9 | question.
Inter-track wagering location licensees may | ||||||
10 | conduct inter-track wagering
and simulcast wagering only | ||||||
11 | in areas that are zoned for
commercial or manufacturing | ||||||
12 | purposes or
in areas for which a special use has been | ||||||
13 | approved by the local zoning
authority. However, no license | ||||||
14 | to conduct inter-track wagering and simulcast
wagering | ||||||
15 | shall be
granted by the Board with respect to any | ||||||
16 | inter-track wagering location
within the jurisdiction of | ||||||
17 | any local zoning authority which has, by
ordinance or by | ||||||
18 | resolution, prohibited the establishment of an inter-track
| ||||||
19 | wagering location within its jurisdiction. However, | ||||||
20 | inter-track wagering
and simulcast wagering may be | ||||||
21 | conducted at a site if such ordinance or
resolution is | ||||||
22 | enacted after
the Board licenses the original inter-track | ||||||
23 | wagering location
licensee for the site in question.
| ||||||
24 | (9) (Blank).
| ||||||
25 | (10) An inter-track wagering licensee or an | ||||||
26 | inter-track wagering
location licensee may retain, subject |
| |||||||
| |||||||
1 | to the
payment of the privilege taxes and the purses, an | ||||||
2 | amount not to
exceed 17% of all money wagered. Each program | ||||||
3 | of racing conducted by
each inter-track wagering licensee | ||||||
4 | or inter-track wagering location
licensee shall be | ||||||
5 | considered a separate racing day for the purpose of
| ||||||
6 | determining the daily handle and computing the privilege | ||||||
7 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
8 | Section 27.
| ||||||
9 | (10.1) Except as provided in subsection (g) of Section | ||||||
10 | 27 of this Act,
inter-track wagering location licensees | ||||||
11 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
12 | the municipality in which such
location is situated and 1% | ||||||
13 | of the pari-mutuel handle at each location to
the county in | ||||||
14 | which such location is situated. In the event that an
| ||||||
15 | inter-track wagering location licensee is situated in an | ||||||
16 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
17 | of the pari-mutuel handle from
such location to such | ||||||
18 | county.
| ||||||
19 | (10.2) Notwithstanding any other provision of this | ||||||
20 | Act, with respect to
intertrack wagering at a race track | ||||||
21 | located in a
county that has a population of
more than | ||||||
22 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
23 | first race
track"), or at a facility operated by an | ||||||
24 | inter-track wagering licensee or
inter-track wagering | ||||||
25 | location licensee that derives its license from the
| ||||||
26 | organization licensee that operates the first race track, |
| |||||||
| |||||||
1 | on races conducted at
the first race track or on races | ||||||
2 | conducted at another Illinois race track
and | ||||||
3 | simultaneously televised to the first race track or to a | ||||||
4 | facility operated
by an inter-track wagering licensee or | ||||||
5 | inter-track wagering location licensee
that derives its | ||||||
6 | license from the organization licensee that operates the | ||||||
7 | first
race track, those moneys shall be allocated as | ||||||
8 | follows:
| ||||||
9 | (A) That portion of all moneys wagered on | ||||||
10 | standardbred racing that is
required under this Act to | ||||||
11 | be paid to purses shall be paid to purses for
| ||||||
12 | standardbred races.
| ||||||
13 | (B) That portion of all moneys wagered on | ||||||
14 | thoroughbred racing
that is required under this Act to | ||||||
15 | be paid to purses shall be paid to purses
for | ||||||
16 | thoroughbred races.
| ||||||
17 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
18 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
19 | in connection with the gathering, transmission, and
| ||||||
20 | dissemination of all data necessary to the conduct of | ||||||
21 | inter-track wagering,
the remainder of the monies retained | ||||||
22 | under either Section 26 or Section 26.2
of this Act by the | ||||||
23 | inter-track wagering licensee on inter-track wagering
| ||||||
24 | shall be allocated with 50% to be split between the
2 | ||||||
25 | participating licensees and 50% to purses, except
that an | ||||||
26 | intertrack wagering licensee that derives its
license from |
| |||||||
| |||||||
1 | a track located in a county with a population in excess of | ||||||
2 | 230,000
and that borders the Mississippi River shall not | ||||||
3 | divide any remaining
retention with the Illinois | ||||||
4 | organization licensee that provides the race or
races, and | ||||||
5 | an intertrack wagering licensee that accepts wagers on | ||||||
6 | races
conducted by an organization licensee that conducts a | ||||||
7 | race meet in a county
with a population in excess of | ||||||
8 | 230,000 and that borders the Mississippi River
shall not | ||||||
9 | divide any remaining retention with that organization | ||||||
10 | licensee.
| ||||||
11 | (B) From the
sums permitted to be retained pursuant to | ||||||
12 | this Act each inter-track wagering
location licensee shall | ||||||
13 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
14 | 4.75% of the
pari-mutuel handle on intertrack wagering at | ||||||
15 | such location on
races as purses, except that
an intertrack | ||||||
16 | wagering location licensee that derives its license from a
| ||||||
17 | track located in a county with a population in excess of | ||||||
18 | 230,000 and that
borders the Mississippi River shall retain | ||||||
19 | all purse moneys for its own purse
account consistent with | ||||||
20 | distribution set forth in this subsection (h), and
| ||||||
21 | intertrack wagering location licensees that accept wagers | ||||||
22 | on races
conducted
by an organization licensee located in a | ||||||
23 | county with a population in excess of
230,000 and that | ||||||
24 | borders the Mississippi River shall distribute all purse
| ||||||
25 | moneys to purses at the operating host track; (iii) until | ||||||
26 | January 1, 2000,
except as
provided in
subsection (g) of |
| |||||||
| |||||||
1 | Section 27 of this Act, 1% of the
pari-mutuel handle | ||||||
2 | wagered on inter-track wagering and simulcast wagering at
| ||||||
3 | each inter-track wagering
location licensee facility to | ||||||
4 | the Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
5 | extent the total amount collected and distributed to the | ||||||
6 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
7 | during any calendar year
exceeds the amount collected and | ||||||
8 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
9 | calendar year 1994, that excess amount shall be | ||||||
10 | redistributed (I)
to all inter-track wagering location | ||||||
11 | licensees, based on each licensee's
pro-rata share of the | ||||||
12 | total handle from inter-track wagering and simulcast
| ||||||
13 | wagering for all inter-track wagering location licensees | ||||||
14 | during the calendar
year in which this provision is | ||||||
15 | applicable; then (II) the amounts redistributed
to each | ||||||
16 | inter-track wagering location licensee as described in | ||||||
17 | subpart (I)
shall be further redistributed as provided in | ||||||
18 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
19 | Section 26 provided first, that the shares of those
| ||||||
20 | amounts, which are to be redistributed to the host track or | ||||||
21 | to purses at the
host track under subparagraph (B) of | ||||||
22 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
23 | redistributed based on each host track's pro rata share of | ||||||
24 | the total
inter-track
wagering and simulcast wagering | ||||||
25 | handle at all host tracks during the calendar
year in | ||||||
26 | question, and second, that any amounts redistributed as |
| |||||||
| |||||||
1 | described in
part (I) to an inter-track wagering location | ||||||
2 | licensee that accepts
wagers on races conducted by an | ||||||
3 | organization licensee that conducts a race meet
in a county | ||||||
4 | with a population in excess of 230,000 and that borders the
| ||||||
5 | Mississippi River shall be further redistributed as | ||||||
6 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
7 | subsection (g) of this Section 26, with the
portion of that
| ||||||
8 | further redistribution allocated to purses at that | ||||||
9 | organization licensee to be
divided between standardbred | ||||||
10 | purses and thoroughbred purses based on the
amounts | ||||||
11 | otherwise allocated to purses at that organization | ||||||
12 | licensee during the
calendar year in question; and (iv) 8% | ||||||
13 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
14 | at
such location to satisfy all costs and expenses of | ||||||
15 | conducting its wagering. The
remainder of the monies | ||||||
16 | retained by the inter-track wagering location licensee
| ||||||
17 | shall be allocated 40% to the location licensee and 60% to | ||||||
18 | the organization
licensee which provides the Illinois | ||||||
19 | races to the location, except that an
intertrack wagering | ||||||
20 | location
licensee that derives its license from a track | ||||||
21 | located in a county with a
population in excess of 230,000 | ||||||
22 | and that borders the Mississippi River shall
not divide any | ||||||
23 | remaining retention with the organization licensee that | ||||||
24 | provides
the race or races and an intertrack wagering | ||||||
25 | location licensee that accepts
wagers on races conducted by | ||||||
26 | an organization licensee that conducts a race meet
in a |
| |||||||
| |||||||
1 | county with a population in excess of 230,000 and that | ||||||
2 | borders the
Mississippi River shall not divide any | ||||||
3 | remaining retention with the
organization licensee.
| ||||||
4 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
5 | this
paragraph, in the case of the additional inter-track | ||||||
6 | wagering location licenses
authorized under paragraph (1) | ||||||
7 | of this subsection (h) by this amendatory
Act of 1991, | ||||||
8 | those licensees shall pay the following amounts as purses:
| ||||||
9 | during the first 12 months the licensee is in operation, | ||||||
10 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
11 | races; during the second 12
months, 5.25%; during the third | ||||||
12 | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
13 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
14 | following amounts shall be retained by the licensee to | ||||||
15 | satisfy all costs
and expenses of conducting its wagering: | ||||||
16 | during the first 12 months the
licensee is in operation, | ||||||
17 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
18 | during the second 12 months, 8.25%; during the third 12
| ||||||
19 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
20 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
21 | additional intertrack wagering location licensees | ||||||
22 | authorized under this
amendatory
Act of 1995, purses for | ||||||
23 | the first 12 months the licensee is in operation shall
be | ||||||
24 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
25 | for the second 12 months the licensee is in operation
shall | ||||||
26 | be 6.25%, and purses
thereafter shall be 6.75%. For |
| |||||||
| |||||||
1 | additional intertrack location
licensees
authorized under
| ||||||
2 | this amendatory Act of 1995, the licensee shall be allowed | ||||||
3 | to retain to satisfy
all costs and expenses: 7.75% of the | ||||||
4 | pari-mutuel handle wagered at
the location
during its first | ||||||
5 | 12 months of operation, 7.25% during its second
12
months | ||||||
6 | of
operation, and 6.75% thereafter.
| ||||||
7 | (C) There is hereby created the Horse Racing Tax | ||||||
8 | Allocation Fund
which shall remain in existence until | ||||||
9 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
10 | December 31, 1999
shall be paid into the
General Revenue | ||||||
11 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
12 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
13 | by inter-track wagering location licensees located in park
| ||||||
14 | districts of 500,000 population or less, or in a | ||||||
15 | municipality that is not
included within any park district | ||||||
16 | but is included within a conservation
district and is the | ||||||
17 | county seat of a county that (i) is contiguous to the state
| ||||||
18 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
19 | according to the United
States Bureau of the Census, and | ||||||
20 | operating on May 1, 1994 shall be
allocated by | ||||||
21 | appropriation as follows:
| ||||||
22 | Two-sevenths to the Department of Agriculture. | ||||||
23 | Fifty percent of
this two-sevenths shall be used to | ||||||
24 | promote the Illinois horse racing and
breeding | ||||||
25 | industry, and shall be distributed by the Department of | ||||||
26 | Agriculture
upon the advice of a 9-member committee |
| |||||||
| |||||||
1 | appointed by the Governor consisting of
the following | ||||||
2 | members: the Director of Agriculture, who shall serve | ||||||
3 | as
chairman; 2 representatives of organization | ||||||
4 | licensees conducting thoroughbred
race meetings in | ||||||
5 | this State, recommended by those licensees; 2 | ||||||
6 | representatives
of organization licensees conducting | ||||||
7 | standardbred race meetings in this State,
recommended | ||||||
8 | by those licensees; a representative of the Illinois
| ||||||
9 | Thoroughbred Breeders and Owners Foundation, | ||||||
10 | recommended by that
Foundation; a representative of | ||||||
11 | the Illinois Standardbred Owners and
Breeders | ||||||
12 | Association, recommended
by that Association; a | ||||||
13 | representative of
the Horsemen's Benevolent and | ||||||
14 | Protective Association or any successor
organization | ||||||
15 | thereto established in Illinois comprised of the | ||||||
16 | largest number of
owners and trainers, recommended by | ||||||
17 | that
Association or that successor organization; and a
| ||||||
18 | representative of the Illinois Harness Horsemen's
| ||||||
19 | Association, recommended by that Association. | ||||||
20 | Committee members shall
serve for terms of 2 years, | ||||||
21 | commencing January 1 of each even-numbered
year. If a | ||||||
22 | representative of any of the above-named entities has | ||||||
23 | not been
recommended by January 1 of any even-numbered | ||||||
24 | year, the Governor shall
appoint a committee member to | ||||||
25 | fill that position. Committee members shall
receive no | ||||||
26 | compensation for their services as members but shall be
|
| |||||||
| |||||||
1 | reimbursed for all actual and necessary expenses and | ||||||
2 | disbursements incurred
in the performance of their | ||||||
3 | official duties. The remaining 50% of this
| ||||||
4 | two-sevenths shall be distributed to county fairs for | ||||||
5 | premiums and
rehabilitation as set forth in the | ||||||
6 | Agricultural Fair Act;
| ||||||
7 | Four-sevenths to park districts or municipalities | ||||||
8 | that do not have a
park district of 500,000 population | ||||||
9 | or less for museum purposes (if an
inter-track wagering | ||||||
10 | location licensee is located in such a park district) | ||||||
11 | or
to conservation districts for museum purposes (if an | ||||||
12 | inter-track wagering
location licensee is located in a | ||||||
13 | municipality that is not included within any
park | ||||||
14 | district but is included within a conservation | ||||||
15 | district and is the county
seat of a county that (i) is | ||||||
16 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
17 | population of 88,257 according to the United States | ||||||
18 | Bureau of the Census,
except that if the conservation | ||||||
19 | district does not maintain a museum, the monies
shall | ||||||
20 | be allocated equally between the county and the | ||||||
21 | municipality in which the
inter-track wagering | ||||||
22 | location licensee is located for general purposes) or | ||||||
23 | to a
municipal recreation board for park purposes (if | ||||||
24 | an inter-track wagering
location licensee is located | ||||||
25 | in a municipality that is not included within any
park | ||||||
26 | district and park maintenance is the function of the |
| |||||||
| |||||||
1 | municipal recreation
board and the municipality has a | ||||||
2 | 1990 population of 9,302 according to the
United States | ||||||
3 | Bureau of the Census); provided that the monies are | ||||||
4 | distributed
to each park district or conservation | ||||||
5 | district or municipality that does not
have a park | ||||||
6 | district in an amount equal to four-sevenths of the | ||||||
7 | amount
collected by each inter-track wagering location | ||||||
8 | licensee within the park
district or conservation | ||||||
9 | district or municipality for the Fund. Monies that
were | ||||||
10 | paid into the Horse Racing Tax Allocation Fund before | ||||||
11 | the effective date
of this amendatory Act of 1991 by an | ||||||
12 | inter-track wagering location licensee
located in a | ||||||
13 | municipality that is not included within any park | ||||||
14 | district but is
included within a conservation | ||||||
15 | district as provided in this paragraph shall, as
soon | ||||||
16 | as practicable after the effective date of this | ||||||
17 | amendatory Act of 1991, be
allocated and paid to that | ||||||
18 | conservation district as provided in this paragraph.
| ||||||
19 | Any park district or municipality not maintaining a | ||||||
20 | museum may deposit the
monies in the corporate fund of | ||||||
21 | the park district or municipality where the
| ||||||
22 | inter-track wagering location is located, to be used | ||||||
23 | for general purposes;
and
| ||||||
24 | One-seventh to the Agricultural Premium Fund to be | ||||||
25 | used for distribution
to agricultural home economics | ||||||
26 | extension councils in accordance with "An
Act in |
| |||||||
| |||||||
1 | relation to additional support and finances for the | ||||||
2 | Agricultural and
Home Economic Extension Councils in | ||||||
3 | the several counties of this State and
making an | ||||||
4 | appropriation therefor", approved July 24, 1967.
| ||||||
5 | Until January 1, 2000, all other
monies paid into the | ||||||
6 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
7 | (11) shall be allocated by appropriation as follows:
| ||||||
8 | Two-sevenths to the Department of Agriculture. | ||||||
9 | Fifty percent of this
two-sevenths shall be used to | ||||||
10 | promote the Illinois horse racing and breeding
| ||||||
11 | industry, and shall be distributed by the Department of | ||||||
12 | Agriculture upon the
advice of a 9-member committee | ||||||
13 | appointed by the Governor consisting of the
following | ||||||
14 | members: the Director of Agriculture, who shall serve | ||||||
15 | as chairman; 2
representatives of organization | ||||||
16 | licensees conducting thoroughbred race meetings
in | ||||||
17 | this State, recommended by those licensees; 2 | ||||||
18 | representatives of
organization licensees conducting | ||||||
19 | standardbred race meetings in this State,
recommended | ||||||
20 | by those licensees; a representative of the Illinois | ||||||
21 | Thoroughbred
Breeders and Owners Foundation, | ||||||
22 | recommended by that Foundation; a
representative of | ||||||
23 | the Illinois Standardbred Owners and Breeders | ||||||
24 | Association,
recommended by that Association; a | ||||||
25 | representative of the Horsemen's Benevolent
and | ||||||
26 | Protective Association or any successor organization |
| |||||||
| |||||||
1 | thereto established
in Illinois comprised of the | ||||||
2 | largest number of owners and trainers,
recommended by | ||||||
3 | that Association or that successor organization; and a
| ||||||
4 | representative of the Illinois Harness Horsemen's | ||||||
5 | Association, recommended by
that Association. | ||||||
6 | Committee members shall serve for terms of 2 years,
| ||||||
7 | commencing January 1 of each even-numbered year. If a | ||||||
8 | representative of any of
the above-named entities has | ||||||
9 | not been recommended by January 1 of any
even-numbered | ||||||
10 | year, the Governor shall appoint a committee member to | ||||||
11 | fill that
position. Committee members shall receive no | ||||||
12 | compensation for their services
as members but shall be | ||||||
13 | reimbursed for all actual and necessary expenses and
| ||||||
14 | disbursements incurred in the performance of their | ||||||
15 | official duties. The
remaining 50% of this | ||||||
16 | two-sevenths shall be distributed to county fairs for
| ||||||
17 | premiums and rehabilitation as set forth in the | ||||||
18 | Agricultural Fair Act;
| ||||||
19 | Four-sevenths to museums and aquariums located in | ||||||
20 | park districts of over
500,000 population; provided | ||||||
21 | that the monies are distributed in accordance with
the | ||||||
22 | previous year's distribution of the maintenance tax | ||||||
23 | for such museums and
aquariums as provided in Section 2 | ||||||
24 | of the Park District Aquarium and Museum
Act; and
| ||||||
25 | One-seventh to the Agricultural Premium Fund to be | ||||||
26 | used for distribution
to agricultural home economics |
| |||||||
| |||||||
1 | extension councils in accordance with "An Act
in | ||||||
2 | relation to additional support and finances for the | ||||||
3 | Agricultural and
Home Economic Extension Councils in | ||||||
4 | the several counties of this State and
making an | ||||||
5 | appropriation therefor", approved July 24, 1967.
This | ||||||
6 | subparagraph (C) shall be inoperative and of no force | ||||||
7 | and effect on and
after January 1, 2000.
| ||||||
8 | (D) Except as provided in paragraph (11) of this | ||||||
9 | subsection (h),
with respect to purse allocation from | ||||||
10 | intertrack wagering, the monies so
retained shall be | ||||||
11 | divided as follows:
| ||||||
12 | (i) If the inter-track wagering licensee, | ||||||
13 | except an intertrack
wagering licensee that | ||||||
14 | derives its license from an organization
licensee | ||||||
15 | located in a county with a population in excess of | ||||||
16 | 230,000 and bounded
by the Mississippi River, is | ||||||
17 | not conducting its own
race meeting during the same | ||||||
18 | dates, then the entire purse allocation shall be
to | ||||||
19 | purses at the track where the races wagered on are | ||||||
20 | being conducted.
| ||||||
21 | (ii) If the inter-track wagering licensee, | ||||||
22 | except an intertrack
wagering licensee that | ||||||
23 | derives its license from an organization
licensee | ||||||
24 | located in a county with a population in excess of | ||||||
25 | 230,000 and bounded
by the Mississippi River, is | ||||||
26 | also
conducting its own
race meeting during the |
| |||||||
| |||||||
1 | same dates, then the purse allocation shall be as
| ||||||
2 | follows: 50% to purses at the track where the races | ||||||
3 | wagered on are
being conducted; 50% to purses at | ||||||
4 | the track where the inter-track
wagering licensee | ||||||
5 | is accepting such wagers.
| ||||||
6 | (iii) If the inter-track wagering is being | ||||||
7 | conducted by an inter-track
wagering location | ||||||
8 | licensee, except an intertrack wagering location | ||||||
9 | licensee
that derives its license from an | ||||||
10 | organization licensee located in a
county with a | ||||||
11 | population in excess of 230,000 and bounded by the | ||||||
12 | Mississippi
River, the entire purse allocation for | ||||||
13 | Illinois races shall
be to purses at the track | ||||||
14 | where the race meeting being wagered on is being
| ||||||
15 | held.
| ||||||
16 | (12) The Board shall have all powers necessary and | ||||||
17 | proper to fully
supervise and control the conduct of
| ||||||
18 | inter-track wagering and simulcast
wagering by inter-track | ||||||
19 | wagering licensees and inter-track wagering location
| ||||||
20 | licensees, including, but not
limited to the following:
| ||||||
21 | (A) The Board is vested with power to promulgate | ||||||
22 | reasonable rules and
regulations for the purpose of | ||||||
23 | administering the
conduct of this
wagering and to | ||||||
24 | prescribe reasonable rules, regulations and conditions | ||||||
25 | under
which such wagering shall be held and conducted. | ||||||
26 | Such rules and regulations
are to provide for the |
| |||||||
| |||||||
1 | prevention of practices detrimental to the public
| ||||||
2 | interest and for
the best interests of said wagering | ||||||
3 | and to impose penalties
for violations thereof.
| ||||||
4 | (B) The Board, and any person or persons to whom it | ||||||
5 | delegates this
power, is vested with the power to enter | ||||||
6 | the
facilities of any licensee to determine whether | ||||||
7 | there has been
compliance with the provisions of this | ||||||
8 | Act and the rules and regulations
relating to the | ||||||
9 | conduct of such wagering.
| ||||||
10 | (C) The Board, and any person or persons to whom it | ||||||
11 | delegates this
power, may eject or exclude from any | ||||||
12 | licensee's facilities, any person whose
conduct or | ||||||
13 | reputation
is such that his presence on such premises | ||||||
14 | may, in the opinion of the Board,
call into the | ||||||
15 | question the honesty and integrity of, or interfere | ||||||
16 | with the
orderly conduct of such wagering; provided, | ||||||
17 | however, that no person shall
be excluded or ejected | ||||||
18 | from such premises solely on the grounds of race,
| ||||||
19 | color, creed, national origin, ancestry, or sex.
| ||||||
20 | (D) (Blank).
| ||||||
21 | (E) The Board is vested with the power to appoint | ||||||
22 | delegates to execute
any of the powers granted to it | ||||||
23 | under this Section for the purpose of
administering | ||||||
24 | this wagering and any
rules and
regulations
| ||||||
25 | promulgated in accordance with this Act.
| ||||||
26 | (F) The Board shall name and appoint a State |
| |||||||
| |||||||
1 | director of this wagering
who shall be a representative | ||||||
2 | of the Board and whose
duty it shall
be to supervise | ||||||
3 | the conduct of inter-track wagering as may be provided | ||||||
4 | for
by the rules and regulations of the Board; such | ||||||
5 | rules and regulation shall
specify the method of | ||||||
6 | appointment and the Director's powers, authority and
| ||||||
7 | duties.
| ||||||
8 | (G) The Board is vested with the power to impose | ||||||
9 | civil penalties of up
to $5,000 against individuals and | ||||||
10 | up to $10,000 against
licensees for each violation of | ||||||
11 | any provision of
this Act relating to the conduct of | ||||||
12 | this wagering, any
rules adopted
by the Board, any | ||||||
13 | order of the Board or any other action which in the | ||||||
14 | Board's
discretion, is a detriment or impediment to | ||||||
15 | such wagering.
| ||||||
16 | (13) The Department of Agriculture may enter into | ||||||
17 | agreements with
licensees authorizing such licensees to | ||||||
18 | conduct inter-track
wagering on races to be held at the | ||||||
19 | licensed race meetings conducted by the
Department of | ||||||
20 | Agriculture. Such
agreement shall specify the races of the | ||||||
21 | Department of Agriculture's
licensed race meeting upon | ||||||
22 | which the licensees will conduct wagering. In the
event | ||||||
23 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
24 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
25 | which are in addition to the licensee's previously
approved | ||||||
26 | racing program, those races shall be considered a separate |
| |||||||
| |||||||
1 | racing day
for the
purpose of determining the daily handle | ||||||
2 | and computing the privilege or
pari-mutuel tax on
that | ||||||
3 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
4 | agreements shall be approved by the Board before such | ||||||
5 | wagering may be
conducted. In determining whether to grant | ||||||
6 | approval, the Board shall give
due consideration to the | ||||||
7 | best interests of the public and of horse racing.
The | ||||||
8 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
9 | subsection (h) of this
Section which are not specified in | ||||||
10 | this paragraph (13) shall not apply to
licensed race | ||||||
11 | meetings conducted by the Department of Agriculture at the
| ||||||
12 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
13 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
14 | race meetings.
| ||||||
15 | (i) Notwithstanding the other provisions of this Act, the | ||||||
16 | conduct of
wagering at wagering facilities is authorized on all | ||||||
17 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
18 | Act.
| ||||||
19 | (Source: P.A. 96-762, eff. 8-25-09.)
| ||||||
20 | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | ||||||
21 | Sec. 27. (a) In addition to the organization license fee | ||||||
22 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
23 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
24 | system of wagering permitted under this
Act. Until January 1, | ||||||
25 | 2000, except as provided in subsection (g) of
Section 27 of |
| |||||||
| |||||||
1 | this Act, all of
the breakage of each racing day held by any | ||||||
2 | licensee in the State shall be paid
to the State.
Until January | ||||||
3 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
4 | the
licensee from the amount permitted to be retained under | ||||||
5 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
6 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
7 | remitted to the Department of Revenue within 48 hours after the
| ||||||
8 | close of the racing day upon which it is assessed or within | ||||||
9 | such other time as
the Board prescribes. The privilege tax | ||||||
10 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
11 | the rate of 2% of the daily pari-mutuel handle except as | ||||||
12 | provided in Section
27.1. | ||||||
13 | In addition, every organization licensee, except as
| ||||||
14 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
15 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
16 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
17 | wagered each day on such multiple wagers,
plus an additional | ||||||
18 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
19 | other multiple wager which involves a single
betting interest | ||||||
20 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
21 | such taxes to the Department of Revenue within 48 hours after | ||||||
22 | the close of
the racing day on which it is assessed or within | ||||||
23 | such other time as the Board
prescribes. | ||||||
24 | This subsection (a) shall be inoperative and of no force | ||||||
25 | and effect on and
after January 1, 2000. | ||||||
26 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax |
| |||||||
| |||||||
1 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
2 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
3 | wagering from a location other than a wagering facility, except | ||||||
4 | as otherwise provided for in this subsection (a-5). In addition | ||||||
5 | to the pari-mutuel tax imposed on advance deposit wagering | ||||||
6 | pursuant to this subsection (a-5), an additional pari-mutuel | ||||||
7 | tax at the rate of 0.25% shall be imposed on advance deposit | ||||||
8 | wagering, the amount of which shall not exceed $250,000 in each | ||||||
9 | calendar year. The additional 0.25% pari-mutuel tax imposed on | ||||||
10 | advance deposit wagering by this amendatory Act of the 96th | ||||||
11 | General Assembly shall be deposited into the Quarter Horse | ||||||
12 | Purse Fund, which shall be created as a non-appropriated trust | ||||||
13 | fund administered by the Board for grants to thoroughbred | ||||||
14 | organization licensees for payment of purses for quarter horse | ||||||
15 | races conducted by the organization licensee. Thoroughbred | ||||||
16 | organization licensees may petition the Board to conduct | ||||||
17 | quarter horse racing and receive purse grants from the Quarter | ||||||
18 | Horse Purse Fund. The Board shall have complete discretion in | ||||||
19 | distributing the Quarter Horse Purse Fund to the petitioning | ||||||
20 | organization licensees. Beginning on the effective date of this | ||||||
21 | amendatory Act of the 96th General Assembly and until moneys | ||||||
22 | deposited pursuant to Section 54 are distributed and received, | ||||||
23 | a pari-mutuel tax at the rate of 0.75% of the daily pari-mutuel | ||||||
24 | handle is imposed at a pari-mutuel facility whose license is | ||||||
25 | derived from a track located in a county that borders the | ||||||
26 | Mississippi River and conducted live racing in the previous |
| |||||||
| |||||||
1 | year. After moneys deposited pursuant to Section 54 are | ||||||
2 | distributed and received, a pari-mutuel tax at the rate of 1.5% | ||||||
3 | of the daily pari-mutuel handle is imposed at a pari-mutuel | ||||||
4 | facility whose license is derived from a track located in a | ||||||
5 | county that borders the Mississippi River and conducted live | ||||||
6 | racing in the previous year. The pari-mutuel tax imposed by | ||||||
7 | this subsection (a-5)
shall be remitted to the Department of
| ||||||
8 | Revenue within 48 hours after the close of the racing day upon | ||||||
9 | which it is
assessed or within such other time as the Board | ||||||
10 | prescribes. | ||||||
11 | (a-10) Beginning on the date when an organization licensee | ||||||
12 | begins conducting electronic gaming pursuant to an electronic | ||||||
13 | gaming license, the following pari-mutuel tax is imposed upon | ||||||
14 | an organization licensee on Illinois races at the licensee's | ||||||
15 | race track: | ||||||
16 | 1.5% of the pari-mutuel handle at or below the average | ||||||
17 | daily pari-mutuel handle for 2010. | ||||||
18 | 2% of the pari-mutuel handle above the average daily | ||||||
19 | pari-mutuel handle for 2010 up to 125% of the average daily | ||||||
20 | pari-mutuel handle for 2010. | ||||||
21 | 2.5% of the pari-mutuel handle 125% or more above the | ||||||
22 | average daily pari-mutuel handle for 2010 up to 150% of the | ||||||
23 | average daily pari-mutuel handle for 2010. | ||||||
24 | 3% of the pari-mutuel handle 150% or more above the | ||||||
25 | average daily pari-mutuel handle for 2010 up to 175% of the | ||||||
26 | average daily pari-mutuel handle for 2010. |
| |||||||
| |||||||
1 | 3.5% of the pari-mutuel handle 175% or more above the | ||||||
2 | average daily pari-mutuel handle for 2010. | ||||||
3 | The pari-mutuel tax imposed by this subsection (a-10) shall | ||||||
4 | be remitted to the Board within 48 hours after the close of the | ||||||
5 | racing day upon which it is assessed or within such other time | ||||||
6 | as the Board prescribes. | ||||||
7 | (b) On or before December 31, 1999, in
the event that any | ||||||
8 | organization
licensee conducts
2 separate programs
of races on | ||||||
9 | any day, each such program shall be considered a separate
| ||||||
10 | racing day for purposes of determining the daily handle and | ||||||
11 | computing
the privilege tax on such daily handle as provided in | ||||||
12 | subsection (a) of
this Section. | ||||||
13 | (c) Licensees shall at all times keep accurate
books
and | ||||||
14 | records of all monies wagered on each day of a race meeting and | ||||||
15 | of
the taxes paid to the Department of Revenue under the | ||||||
16 | provisions of this
Section. The Board or its duly authorized | ||||||
17 | representative or
representatives shall at all reasonable | ||||||
18 | times have access to such
records for the purpose of examining | ||||||
19 | and checking the same and
ascertaining whether the proper | ||||||
20 | amount of taxes is being paid as
provided. The Board shall | ||||||
21 | require verified reports and a statement of
the total of all | ||||||
22 | monies wagered daily at each wagering facility upon which
the | ||||||
23 | taxes are assessed and may prescribe forms upon which such | ||||||
24 | reports
and statement shall be made. | ||||||
25 | (d) Any licensee failing or refusing to pay the amount
of | ||||||
26 | any tax due under this Section shall be guilty of a business |
| |||||||
| |||||||
1 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
2 | in addition to
the amount found due as tax under this Section. | ||||||
3 | Each day's violation
shall constitute a separate offense. All | ||||||
4 | fines paid into Court by a licensee hereunder shall be | ||||||
5 | transmitted and paid over by
the Clerk of the Court to the | ||||||
6 | Board. | ||||||
7 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
8 | racing fee, except as provided in this Act, shall be assessed | ||||||
9 | or
collected from any such licensee by the State. | ||||||
10 | (f) No other license fee, privilege tax, excise tax or | ||||||
11 | racing fee shall be
assessed or collected from any such | ||||||
12 | licensee by units of local government
except as provided in | ||||||
13 | paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||||||
14 | 26 of this Act. However, any municipality that has a Board | ||||||
15 | licensed
horse race meeting at a race track wholly within its | ||||||
16 | corporate boundaries or a
township that has a Board licensed | ||||||
17 | horse race meeting at a race track wholly
within the | ||||||
18 | unincorporated area of the township may charge a local
| ||||||
19 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
20 | race meeting
by the enactment of an ordinance. However, any | ||||||
21 | municipality or county
that has a Board licensed inter-track | ||||||
22 | wagering location facility wholly
within its corporate | ||||||
23 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
24 | per admission to such inter-track wagering location facility,
| ||||||
25 | so that a total of not more than $2.00 per admission may be | ||||||
26 | imposed.
Except as provided in subparagraph (g) of Section 27 |
| |||||||
| |||||||
1 | of this Act, the
inter-track wagering location licensee shall | ||||||
2 | collect any and all such fees
and within 48 hours remit the | ||||||
3 | fees to the Board, which shall, pursuant to
rule, cause the | ||||||
4 | fees to be distributed to the county or municipality. | ||||||
5 | (g) Notwithstanding any provision in this Act to the | ||||||
6 | contrary, if in any
calendar year the total taxes and fees from | ||||||
7 | wagering on live racing and from
inter-track wagering required | ||||||
8 | to be collected from
licensees and distributed under this Act | ||||||
9 | to all State and local governmental
authorities exceeds the | ||||||
10 | amount of such taxes and fees distributed to each State
and | ||||||
11 | local governmental authority to which each State and local | ||||||
12 | governmental
authority was entitled under this Act for calendar | ||||||
13 | year 1994, then the first
$11 million of that excess amount | ||||||
14 | shall be allocated at the earliest possible
date for | ||||||
15 | distribution as purse money for the succeeding calendar year.
| ||||||
16 | Upon reaching the 1994 level, and until the excess amount of | ||||||
17 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
18 | licensees to cease paying the
subject taxes and fees and the | ||||||
19 | Board shall direct all licensees to allocate any such excess | ||||||
20 | amount for purses as
follows: | ||||||
21 | (i) the excess amount shall be initially divided | ||||||
22 | between thoroughbred and
standardbred purses based on the | ||||||
23 | thoroughbred's and standardbred's respective
percentages | ||||||
24 | of total Illinois live wagering in calendar year 1994; | ||||||
25 | (ii) each thoroughbred and standardbred organization | ||||||
26 | licensee issued an
organization licensee in that |
| |||||||
| |||||||
1 | succeeding allocation year shall
be
allocated an amount | ||||||
2 | equal to the product of its percentage of total
Illinois
| ||||||
3 | live thoroughbred or standardbred wagering in calendar | ||||||
4 | year 1994 (the total to
be determined based on the sum of | ||||||
5 | 1994 on-track wagering for all organization
licensees | ||||||
6 | issued organization licenses in both the allocation year | ||||||
7 | and the
preceding year) multiplied by
the total amount | ||||||
8 | allocated for standardbred or thoroughbred purses, | ||||||
9 | provided
that the first $1,500,000 of the amount allocated | ||||||
10 | to standardbred
purses under item (i) shall be allocated to | ||||||
11 | the Department of
Agriculture to be expended with the | ||||||
12 | assistance and advice of the Illinois
Standardbred | ||||||
13 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
14 | subsection (g) of Section 31 of this Act, before the amount | ||||||
15 | allocated to
standardbred purses under item (i) is | ||||||
16 | allocated to standardbred
organization licensees in the | ||||||
17 | succeeding allocation year. | ||||||
18 | To the extent the excess amount of taxes and fees to be | ||||||
19 | collected and
distributed to State and local governmental | ||||||
20 | authorities exceeds $11 million,
that excess amount shall be | ||||||
21 | collected and distributed to State and local
authorities as | ||||||
22 | provided for under this Act. | ||||||
23 | (Source: P.A. 96-762, eff. 8-25-09; 96-1287, eff. 7-26-10.)
| ||||||
24 | (230 ILCS 5/28) (from Ch. 8, par. 37-28)
| ||||||
25 | Sec. 28. Except as provided in subsection (g) of Section 27 |
| |||||||
| |||||||
1 | of this Act,
moneys collected shall be distributed according to | ||||||
2 | the provisions of this
Section 28.
| ||||||
3 | (a) Thirty
per cent of the total of all monies received
by | ||||||
4 | the State as privilege taxes shall be paid into the | ||||||
5 | Metropolitan Exposition
Auditorium and Office Building Fund in | ||||||
6 | the State Treasury.
| ||||||
7 | (b) In addition, 4.5% of the total of all monies received
| ||||||
8 | by the State as privilege taxes shall be paid into the State | ||||||
9 | treasury
into a special Fund to be known as the Metropolitan | ||||||
10 | Exposition,
Auditorium, and Office Building Fund.
| ||||||
11 | (c) Fifty per cent of the total of all monies received by | ||||||
12 | the State
as privilege taxes under the provisions of this Act | ||||||
13 | shall be paid into
the Agricultural Premium Fund.
| ||||||
14 | (d) Seven per cent of the total of all monies received by | ||||||
15 | the State
as privilege taxes shall be paid into the Fair and | ||||||
16 | Exposition Fund in
the State treasury; provided, however, that | ||||||
17 | when all bonds issued prior to
July 1, 1984 by the Metropolitan | ||||||
18 | Fair and Exposition Authority shall have
been paid or payment | ||||||
19 | shall have been provided for upon a refunding of those
bonds, | ||||||
20 | thereafter 1/12 of $1,665,662 of such monies shall be paid each
| ||||||
21 | month into the Build Illinois Fund, and the remainder into the | ||||||
22 | Fair and
Exposition Fund. All excess monies shall be allocated | ||||||
23 | to the Department of
Agriculture for distribution to county | ||||||
24 | fairs for premiums and
rehabilitation as set forth in the | ||||||
25 | Agricultural Fair Act.
| ||||||
26 | (e) The monies provided for in Section 30 shall be paid |
| |||||||
| |||||||
1 | into the
Illinois Thoroughbred Breeders Fund.
| ||||||
2 | (f) The monies provided for in Section 31 shall be paid | ||||||
3 | into the
Illinois Standardbred Breeders Fund.
| ||||||
4 | (g) Until January 1, 2000, that part representing
1/2 of | ||||||
5 | the total breakage in Thoroughbred,
Harness, Appaloosa, | ||||||
6 | Arabian, and Quarter Horse racing in the State shall
be paid | ||||||
7 | into the Illinois Race Track Improvement Fund as established
in | ||||||
8 | Section 32.
| ||||||
9 | (h) All other monies received by the Board under this Act | ||||||
10 | shall be
paid into the Horse Racing Fund General Revenue Fund | ||||||
11 | of the State .
| ||||||
12 | (i) The salaries of the Board members, secretary, stewards,
| ||||||
13 | directors of mutuels, veterinarians, representatives, | ||||||
14 | accountants,
clerks, stenographers, inspectors and other | ||||||
15 | employees of the Board, and
all expenses of the Board incident | ||||||
16 | to the administration of this Act,
including, but not limited | ||||||
17 | to, all expenses and salaries incident to the
taking of saliva | ||||||
18 | and urine samples in accordance with the rules and
regulations | ||||||
19 | of the Board shall be paid out of the Agricultural Premium
| ||||||
20 | Fund.
| ||||||
21 | (j) The Agricultural Premium Fund shall also be used:
| ||||||
22 | (1) for the expenses of operating the Illinois State | ||||||
23 | Fair and the
DuQuoin State Fair, including the
payment of | ||||||
24 | prize money or premiums;
| ||||||
25 | (2) for the distribution to county fairs, vocational | ||||||
26 | agriculture
section fairs, agricultural societies, and |
| |||||||
| |||||||
1 | agricultural extension clubs
in accordance with the | ||||||
2 | Agricultural Fair Act, as
amended;
| ||||||
3 | (3) for payment of prize monies and premiums awarded | ||||||
4 | and for
expenses incurred in connection with the | ||||||
5 | International Livestock
Exposition and the Mid-Continent | ||||||
6 | Livestock Exposition held in Illinois,
which premiums, and | ||||||
7 | awards must be approved, and paid by the Illinois
| ||||||
8 | Department of Agriculture;
| ||||||
9 | (4) for personal service of county agricultural | ||||||
10 | advisors and county
home advisors;
| ||||||
11 | (5) for distribution to agricultural home economic | ||||||
12 | extension
councils in accordance with "An Act in relation | ||||||
13 | to additional support
and finance for the Agricultural and | ||||||
14 | Home Economic Extension Councils in
the several counties in | ||||||
15 | this State and making an appropriation
therefor", approved | ||||||
16 | July 24, 1967, as amended;
| ||||||
17 | (6) for research on equine disease, including a | ||||||
18 | development center
therefor;
| ||||||
19 | (7) for training scholarships for study on equine | ||||||
20 | diseases to
students at the University of Illinois College | ||||||
21 | of Veterinary Medicine;
| ||||||
22 | (8) for the rehabilitation, repair and maintenance of
| ||||||
23 | the Illinois and DuQuoin State Fair Grounds and
the | ||||||
24 | structures and facilities thereon and the construction of | ||||||
25 | permanent
improvements on such Fair Grounds, including | ||||||
26 | such structures, facilities and
property located on such
|
| |||||||
| |||||||
1 | State Fair Grounds which are under the custody and control | ||||||
2 | of the
Department of Agriculture;
| ||||||
3 | (9) for the expenses of the Department of Agriculture | ||||||
4 | under Section
5-530 of the Departments of State Government | ||||||
5 | Law (20 ILCS
5/5-530);
| ||||||
6 | (10) for the expenses of the Department of Commerce and | ||||||
7 | Economic Opportunity under Sections
605-620, 605-625, and
| ||||||
8 | 605-630 of the Department of Commerce and Economic | ||||||
9 | Opportunity Law (20 ILCS
605/605-620, 605/605-625, and | ||||||
10 | 605/605-630);
| ||||||
11 | (11) for remodeling, expanding, and reconstructing | ||||||
12 | facilities
destroyed by fire of any Fair and Exposition | ||||||
13 | Authority in counties with
a population of 1,000,000 or | ||||||
14 | more inhabitants;
| ||||||
15 | (12) for the purpose of assisting in the care and | ||||||
16 | general
rehabilitation of disabled veterans of any war and | ||||||
17 | their surviving
spouses and orphans;
| ||||||
18 | (13) for expenses of the Department of State Police for | ||||||
19 | duties
performed under this Act;
| ||||||
20 | (14) for the Department of Agriculture for soil surveys | ||||||
21 | and soil and water
conservation purposes;
| ||||||
22 | (15) for the Department of Agriculture for grants to | ||||||
23 | the City of Chicago
for conducting the Chicagofest;
| ||||||
24 | (16) for the State Comptroller for grants and operating | ||||||
25 | expenses authorized by the Illinois Global Partnership | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (k) To the extent that monies paid by the Board to the | ||||||
2 | Agricultural
Premium Fund are in the opinion of the Governor in | ||||||
3 | excess of the amount
necessary for the purposes herein stated, | ||||||
4 | the Governor shall notify the
Comptroller and the State | ||||||
5 | Treasurer of such fact, who, upon receipt of
such notification, | ||||||
6 | shall transfer such excess monies from the
Agricultural Premium | ||||||
7 | Fund to the General Revenue Fund.
| ||||||
8 | (Source: P.A. 94-91, Sections 55-135 and 90-10, eff. 7-1-05.)
| ||||||
9 | (230 ILCS 5/28.1)
| ||||||
10 | Sec. 28.1. Payments.
| ||||||
11 | (a) Beginning on January 1, 2000, moneys collected by the | ||||||
12 | Department of
Revenue and the Racing Board pursuant to Section | ||||||
13 | 26 or Section 27
of this Act shall be deposited into the Horse | ||||||
14 | Racing Fund, which is hereby
created as a special fund in the | ||||||
15 | State Treasury.
| ||||||
16 | (b) Appropriations, as approved by the General
Assembly, | ||||||
17 | may be made from
the Horse Racing Fund to the Board to pay the
| ||||||
18 | salaries of the Board members, secretary, stewards,
directors | ||||||
19 | of mutuels, veterinarians, representatives, accountants,
| ||||||
20 | clerks, stenographers, inspectors and other employees of the | ||||||
21 | Board, and
all expenses of the Board incident to the | ||||||
22 | administration of this Act,
including, but not limited to, all | ||||||
23 | expenses and salaries incident to the
taking of saliva and | ||||||
24 | urine samples in accordance with the rules and
regulations of | ||||||
25 | the Board.
|
| |||||||
| |||||||
1 | (c) Beginning on January 1, 2000, the Board shall
transfer | ||||||
2 | the remainder of the funds
generated pursuant to Sections 26 | ||||||
3 | and 27 from the Horse Racing Fund into the
General Revenue | ||||||
4 | Fund.
| ||||||
5 | In the event that in any fiscal year, the amount of total | ||||||
6 | funds in the Horse Racing Fund is insufficient to meet the | ||||||
7 | annual operating expenses of the Board, as appropriated by the | ||||||
8 | General Assembly for that fiscal year, the Board shall invoice | ||||||
9 | the organization licensees for the amount of the deficit. The | ||||||
10 | amount of the invoice shall be allocated in a proportionate | ||||||
11 | amount of pari-mutuel wagering handled by the organization | ||||||
12 | licensee in the year preceding assessment and divided by the | ||||||
13 | total pari-mutuel wagering handled by all Illinois | ||||||
14 | organization licensees. The payments shall be made 50% from the | ||||||
15 | organization licensee's account and 50% from the organization | ||||||
16 | licensee's purse account. | ||||||
17 | (d) Beginning January 1, 2000, payments to all programs in | ||||||
18 | existence on the
effective date of this amendatory Act of 1999 | ||||||
19 | that are identified in Sections
26(c), 26(f), 26(h)(11)(C), and | ||||||
20 | 28, subsections (a), (b), (c), (d), (e), (f),
(g), and (h) of | ||||||
21 | Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
| ||||||
22 | and (h) of Section 31 shall be made from the General Revenue | ||||||
23 | Fund at the
funding levels determined by amounts paid under | ||||||
24 | this Act in calendar year
1998. Beginning on the effective date | ||||||
25 | of this amendatory Act of the 93rd General Assembly, payments | ||||||
26 | to the Peoria Park District shall be made from the General |
| |||||||
| |||||||
1 | Revenue Fund at the funding level determined by amounts paid to | ||||||
2 | that park district for museum purposes under this Act in | ||||||
3 | calendar year 1994.
| ||||||
4 | If an inter-track wagering location licensee's facility | ||||||
5 | changes its location, then the payments associated with that | ||||||
6 | facility under this subsection (d) for museum purposes shall be | ||||||
7 | paid to the park district in the area where the facility | ||||||
8 | relocates, and the payments shall be used for museum purposes. | ||||||
9 | If the facility does not relocate to a park district, then the | ||||||
10 | payments shall be paid to the taxing district that is | ||||||
11 | responsible for park or museum expenditures. | ||||||
12 | (e) Beginning July 1, 2006, the payment authorized under | ||||||
13 | subsection (d) to museums and aquariums located in park | ||||||
14 | districts of over 500,000 population shall be paid to museums, | ||||||
15 | aquariums, and zoos in amounts determined by Museums in the | ||||||
16 | Park, an association of museums, aquariums, and zoos located on | ||||||
17 | Chicago Park District property.
| ||||||
18 | (f) Beginning July 1, 2007, the Children's Discovery Museum | ||||||
19 | in Normal, Illinois shall receive payments from the General | ||||||
20 | Revenue Fund at the funding level determined by the amounts | ||||||
21 | paid to the Miller Park Zoo in Bloomington, Illinois under this | ||||||
22 | Section in calendar year 2006.
| ||||||
23 | (Source: P.A. 95-222, eff. 8-16-07; 96-562, eff. 8-18-09.)
| ||||||
24 | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
| ||||||
25 | Sec. 30.
(a) The General Assembly declares that it is the |
| |||||||
| |||||||
1 | policy of
this State to encourage the breeding of thoroughbred | ||||||
2 | horses in this
State and the ownership of such horses by | ||||||
3 | residents of this State in
order to provide for: sufficient | ||||||
4 | numbers of high quality thoroughbred
horses to participate in | ||||||
5 | thoroughbred racing meetings in this State,
and to establish | ||||||
6 | and preserve the agricultural and commercial benefits
of such | ||||||
7 | breeding and racing industries to the State of Illinois. It is
| ||||||
8 | the intent of the General Assembly to further this policy by | ||||||
9 | the
provisions of this Act.
| ||||||
10 | (b) Each organization licensee conducting a thoroughbred
| ||||||
11 | racing meeting
pursuant to this Act shall provide at least two | ||||||
12 | races each day limited
to Illinois conceived and foaled horses | ||||||
13 | or Illinois foaled horses or
both. A minimum of 6 races shall | ||||||
14 | be conducted each week limited to
Illinois conceived and foaled | ||||||
15 | or Illinois foaled horses or both. No
horses shall be permitted | ||||||
16 | to start in such races unless duly registered
under the rules | ||||||
17 | of the Department of Agriculture.
| ||||||
18 | (c) Conditions of races under subsection (b) shall be
| ||||||
19 | commensurate
with past performance, quality, and class of | ||||||
20 | Illinois conceived and foaled
and Illinois foaled horses
| ||||||
21 | available. If, however, sufficient competition cannot be had | ||||||
22 | among
horses of that class on any day, the races may, with | ||||||
23 | consent of the
Board, be eliminated for that day and substitute | ||||||
24 | races provided.
| ||||||
25 | (d) There is hereby created a special fund of the State | ||||||
26 | Treasury to
be known as the Illinois Thoroughbred Breeders |
| |||||||
| |||||||
1 | Fund.
| ||||||
2 | Beginning on the effective date of this amendatory Act of | ||||||
3 | the 96th General Assembly, the Illinois Thoroughbred Breeders | ||||||
4 | Fund shall become a non-appropriated trust fund held separate | ||||||
5 | and apart from State moneys. Expenditures from this fund shall | ||||||
6 | no longer be subject to appropriation. | ||||||
7 | Except as provided in subsection (g) of Section 27 of this | ||||||
8 | Act, 8.5% of all
the monies received by the State as
privilege | ||||||
9 | taxes on Thoroughbred racing meetings shall be paid into the | ||||||
10 | Illinois
Thoroughbred Breeders Fund.
| ||||||
11 | Notwithstanding any provision of law to the contrary, | ||||||
12 | amounts deposited into the Illinois Thoroughbred Breeders Fund | ||||||
13 | from revenues generated by electronic gaming after the | ||||||
14 | effective date of this amendatory Act of the 96th General | ||||||
15 | Assembly shall be in addition to tax and fee amounts paid under | ||||||
16 | this Section for calendar year 2010 and thereafter. | ||||||
17 | (e) The Illinois Thoroughbred Breeders Fund shall be | ||||||
18 | administered by
the Department of Agriculture
with the advice | ||||||
19 | and assistance of the
Advisory Board created in subsection (f) | ||||||
20 | of this Section.
| ||||||
21 | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||||||
22 | shall
consist of the Director of the Department of Agriculture, | ||||||
23 | who shall
serve as Chairman; a member of the Illinois Racing | ||||||
24 | Board, designated by
it; 2 representatives of the organization | ||||||
25 | licensees
conducting thoroughbred
racing meetings, recommended | ||||||
26 | by them; 2 representatives of the Illinois
Thoroughbred |
| |||||||
| |||||||
1 | Breeders and Owners Foundation, recommended by it; one | ||||||
2 | representative and 2
representatives of the Horsemen's | ||||||
3 | Benevolent Protective Association ; and one representative from | ||||||
4 | the Illinois Thoroughbred Horsemen's Association or any
| ||||||
5 | successor organization established in Illinois comprised of | ||||||
6 | the largest number
of owners and trainers,
recommended
by it, | ||||||
7 | with one representative of the Horsemen's Benevolent and | ||||||
8 | Protective
Association to come from its Illinois Division, and | ||||||
9 | one from its Chicago
Division . Advisory Board members shall | ||||||
10 | serve for 2 years commencing January 1
of
each odd numbered | ||||||
11 | year. If representatives of the organization licensees
| ||||||
12 | conducting thoroughbred racing meetings, the Illinois | ||||||
13 | Thoroughbred Breeders and
Owners Foundation, and the | ||||||
14 | Horsemen's Benevolent Protection Association , and the Illinois | ||||||
15 | Thoroughbred Horsemen's Association have
not been recommended | ||||||
16 | by January 1, of each odd numbered year, the Director of
the | ||||||
17 | Department of Agriculture shall make an appointment for the | ||||||
18 | organization
failing to so recommend a member of the Advisory | ||||||
19 | Board. Advisory Board members
shall receive no compensation for | ||||||
20 | their services as members but shall be
reimbursed for all | ||||||
21 | actual and necessary expenses and disbursements incurred in
the | ||||||
22 | execution of their official duties.
| ||||||
23 | (g) No monies shall be expended from the Illinois | ||||||
24 | Thoroughbred
Breeders Fund except as appropriated by the | ||||||
25 | General Assembly. Monies expended
appropriated from the | ||||||
26 | Illinois Thoroughbred Breeders Fund shall be
expended by the |
| |||||||
| |||||||
1 | Department of Agriculture,
with the advice and
assistance of | ||||||
2 | the Illinois Thoroughbred Breeders Fund Advisory Board,
for the | ||||||
3 | following purposes only:
| ||||||
4 | (1) To provide purse supplements to owners of horses | ||||||
5 | participating
in races limited to Illinois conceived and | ||||||
6 | foaled and Illinois foaled
horses. Any such purse | ||||||
7 | supplements shall not be included in and shall
be paid in | ||||||
8 | addition to any purses, stakes, or breeders' awards offered
| ||||||
9 | by each organization licensee as determined by agreement | ||||||
10 | between such
organization licensee and an organization | ||||||
11 | representing the horsemen. No
monies from the Illinois | ||||||
12 | Thoroughbred Breeders Fund shall be used to provide
purse | ||||||
13 | supplements for claiming races in which the minimum | ||||||
14 | claiming price is
less than $7,500.
| ||||||
15 | (2) To provide stakes and awards to be paid to the | ||||||
16 | owners of the
winning horses in certain races limited to | ||||||
17 | Illinois conceived and foaled
and Illinois foaled horses | ||||||
18 | designated as stakes races.
| ||||||
19 | (2.5) To provide an award to the owner or owners of an | ||||||
20 | Illinois
conceived and foaled or Illinois foaled horse that | ||||||
21 | wins a
maiden special weight, an allowance, overnight | ||||||
22 | handicap race, or
claiming race with claiming price of | ||||||
23 | $10,000 or more providing the race
is not restricted
to | ||||||
24 | Illinois conceived and foaled or Illinois foaled horses.
| ||||||
25 | Awards shall
also be provided to the owner or owners of | ||||||
26 | Illinois conceived and foaled and
Illinois foaled horses |
| |||||||
| |||||||
1 | that place second or third in those races. To the
extent
| ||||||
2 | that additional moneys are required to pay the minimum | ||||||
3 | additional awards of 40%
of the purse the horse earns for | ||||||
4 | placing first, second or third in those races
for Illinois | ||||||
5 | foaled horses and of 60% of the purse the horse earns for | ||||||
6 | placing
first, second or third in those races for Illinois
| ||||||
7 | conceived and foaled horses, those moneys shall be provided | ||||||
8 | from the purse
account at the track where earned.
| ||||||
9 | (3) To provide stallion awards to the owner or owners | ||||||
10 | of any
stallion that is duly registered with the Illinois | ||||||
11 | Thoroughbred Breeders
Fund Program prior to the effective | ||||||
12 | date of this amendatory Act of 1995 whose
duly registered | ||||||
13 | Illinois conceived and foaled offspring wins a race | ||||||
14 | conducted
at an Illinois
thoroughbred racing meeting other | ||||||
15 | than a claiming race , provided that the stallion stood | ||||||
16 | service within Illinois at the time the offspring was | ||||||
17 | conceived and that the stallion did not stand for service | ||||||
18 | outside of Illinois at any time during the year in which | ||||||
19 | the offspring was conceived . Such
award
shall not be paid | ||||||
20 | to the owner or owners of an Illinois stallion that served
| ||||||
21 | outside this State at any time during the calendar year in | ||||||
22 | which such race was
conducted.
| ||||||
23 | (4) To provide $75,000 annually for purses to be
| ||||||
24 | distributed to
county fairs that provide for the running of | ||||||
25 | races during each county
fair exclusively for the | ||||||
26 | thoroughbreds conceived and foaled in
Illinois. The |
| |||||||
| |||||||
1 | conditions of the races shall be developed by the county
| ||||||
2 | fair association and reviewed by the Department with the | ||||||
3 | advice and
assistance of
the Illinois Thoroughbred | ||||||
4 | Breeders Fund Advisory Board. There shall be no
wagering of | ||||||
5 | any kind on the running
of
Illinois conceived and foaled | ||||||
6 | races at county fairs.
| ||||||
7 | (4.1) To provide purse money for an Illinois stallion | ||||||
8 | stakes program.
| ||||||
9 | (5) No less than 90% 80% of all monies appropriated | ||||||
10 | from the Illinois
Thoroughbred Breeders Fund shall be | ||||||
11 | expended for the purposes in (1), (2),
(2.5), (3), (4), | ||||||
12 | (4.1), and (5) as shown above.
| ||||||
13 | (6) To provide for educational programs regarding the | ||||||
14 | thoroughbred
breeding industry.
| ||||||
15 | (7) To provide for research programs concerning the | ||||||
16 | health,
development and care of the thoroughbred horse.
| ||||||
17 | (8) To provide for a scholarship and training program | ||||||
18 | for students
of equine veterinary medicine.
| ||||||
19 | (9) To provide for dissemination of public information | ||||||
20 | designed to
promote the breeding of thoroughbred horses in | ||||||
21 | Illinois.
| ||||||
22 | (10) To provide for all expenses incurred in the | ||||||
23 | administration of
the Illinois Thoroughbred Breeders Fund.
| ||||||
24 | (h) The Illinois Thoroughbred Breeders Fund is not subject | ||||||
25 | to administrative charges or chargebacks, including, but not | ||||||
26 | limited to, those authorized under Section 8h of the State |
| |||||||
| |||||||
1 | Finance Act. Whenever the Governor finds that the amount in the | ||||||
2 | Illinois
Thoroughbred Breeders Fund is more than the total of | ||||||
3 | the outstanding
appropriations from such fund, the Governor | ||||||
4 | shall notify the State
Comptroller and the State Treasurer of | ||||||
5 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
6 | receipt of such notification, shall transfer
such excess amount | ||||||
7 | from the Illinois Thoroughbred Breeders Fund to the
General | ||||||
8 | Revenue Fund.
| ||||||
9 | (i) A sum equal to 13% 12 1/2% of the first prize money of | ||||||
10 | every purse
won by an Illinois foaled or an Illinois conceived | ||||||
11 | and foaled horse in
races not limited to Illinois foaled horses | ||||||
12 | or Illinois conceived and
foaled horses, or both, shall be paid | ||||||
13 | by the organization licensee
conducting the horse race meeting. | ||||||
14 | Such sum shall be paid 50% from the organization
licensee's | ||||||
15 | account and 50% from the purse account of the licensee share of | ||||||
16 | the money wagered as follows: 11 1/2% to the breeder of
the | ||||||
17 | winning horse and 1 1/2% 1% to the organization representing | ||||||
18 | thoroughbred breeders
and owners whose representative serves | ||||||
19 | on the Illinois Thoroughbred Breeders
Fund Advisory Board for | ||||||
20 | verifying the amounts of breeders' awards earned,
assuring | ||||||
21 | their distribution in accordance with this Act, and servicing | ||||||
22 | and
promoting the Illinois thoroughbred horse racing industry. | ||||||
23 | The
organization representing thoroughbred breeders and owners | ||||||
24 | shall cause all
expenditures of monies received under this | ||||||
25 | subsection (i) to be audited
at least annually by a registered | ||||||
26 | public accountant. The organization
shall file copies of each |
| |||||||
| |||||||
1 | annual audit with the Racing Board, the Clerk of
the House of | ||||||
2 | Representatives and the Secretary of the Senate, and shall
make | ||||||
3 | copies of each annual audit available to the public upon | ||||||
4 | request
and upon payment of the reasonable cost of photocopying | ||||||
5 | the requested
number of copies. Such payments shall not reduce | ||||||
6 | any award to the owner of the
horse or reduce the taxes payable | ||||||
7 | under this Act. Upon completion of its
racing meet, each | ||||||
8 | organization licensee shall deliver to the organization
| ||||||
9 | representing thoroughbred breeders and owners whose | ||||||
10 | representative serves on
the Illinois Thoroughbred Breeders | ||||||
11 | Fund Advisory Board a listing of all the
Illinois foaled and | ||||||
12 | the Illinois conceived and foaled horses which won
breeders' | ||||||
13 | awards and the amount of such breeders' awards under this | ||||||
14 | subsection
to verify accuracy of payments and assure proper | ||||||
15 | distribution of breeders'
awards in accordance with the | ||||||
16 | provisions of this Act. Such payments shall be
delivered by the | ||||||
17 | organization licensee within 30 days of the end of each race
| ||||||
18 | meeting.
| ||||||
19 | (j) A sum equal to 13% 12 1/2% of the first prize money won | ||||||
20 | in each race
limited to Illinois foaled horses or Illinois | ||||||
21 | conceived and foaled
horses, or both, shall be paid in the | ||||||
22 | following manner by the
organization licensee conducting the | ||||||
23 | horse race meeting, 50% from the
organization licensee's | ||||||
24 | account and 50% from the purse account of the licensee share of | ||||||
25 | the money wagered : 11 1/2% to the breeders of
the horses in | ||||||
26 | each such race which are the official first, second, third
and |
| |||||||
| |||||||
1 | fourth finishers and 1 1/2% 1% to the organization representing | ||||||
2 | thoroughbred
breeders and owners whose representative serves | ||||||
3 | on the Illinois Thoroughbred
Breeders Fund Advisory Board for | ||||||
4 | verifying the amounts of breeders' awards
earned, assuring | ||||||
5 | their proper distribution in accordance with this Act, and
| ||||||
6 | servicing and promoting the Illinois thoroughbred horse racing | ||||||
7 | industry. The
organization representing thoroughbred breeders | ||||||
8 | and owners shall cause all
expenditures of monies received | ||||||
9 | under this subsection (j) to be audited
at least annually by a | ||||||
10 | registered public accountant. The organization
shall file | ||||||
11 | copies of each annual audit with the Racing Board, the Clerk of
| ||||||
12 | the House of Representatives and the Secretary of the Senate, | ||||||
13 | and shall
make copies of each annual audit available to the | ||||||
14 | public upon request
and upon payment of the reasonable cost of | ||||||
15 | photocopying the requested
number of copies.
| ||||||
16 | The 11 1/2% paid to the breeders in accordance with this | ||||||
17 | subsection
shall be distributed as follows:
| ||||||
18 | (1) 60% of such sum shall be paid to the breeder of the | ||||||
19 | horse which
finishes in the official first position;
| ||||||
20 | (2) 20% of such sum shall be paid to the breeder of the | ||||||
21 | horse which
finishes in the official second position;
| ||||||
22 | (3) 15% of such sum shall be paid to the breeder of the | ||||||
23 | horse which
finishes in the official third position; and
| ||||||
24 | (4) 5% of such sum shall be paid to the breeder of the | ||||||
25 | horse which
finishes in the official fourth position.
| ||||||
26 | Such payments shall not reduce any award to the owners of a |
| |||||||
| |||||||
1 | horse or
reduce the taxes payable under this Act. Upon | ||||||
2 | completion of its racing meet,
each organization licensee shall | ||||||
3 | deliver to the organization representing
thoroughbred breeders | ||||||
4 | and owners whose representative serves on the Illinois
| ||||||
5 | Thoroughbred Breeders Fund Advisory Board a listing of all the | ||||||
6 | Illinois foaled
and the Illinois conceived and foaled horses | ||||||
7 | which won breeders' awards and the
amount of such breeders' | ||||||
8 | awards in accordance with the provisions of this Act.
Such | ||||||
9 | payments shall be delivered by the organization licensee within | ||||||
10 | 30 days of
the end of each race meeting.
| ||||||
11 | (k) The term "breeder", as used herein, means the owner of | ||||||
12 | the mare at
the time the foal is dropped. An "Illinois foaled | ||||||
13 | horse" is a foal
dropped by a mare which enters this State on | ||||||
14 | or before December 1, in the
year in which the horse is bred,
| ||||||
15 | provided the mare remains continuously in this State until its | ||||||
16 | foal is born. An
"Illinois
foaled
horse" also means a foal born | ||||||
17 | of a mare in the same year
as the
mare enters this State on or | ||||||
18 | before March 1,
and remains in this State at
least 30
days | ||||||
19 | after foaling, is bred back during the season of the foaling to
| ||||||
20 | an
Illinois Registered Stallion (unless a veterinarian | ||||||
21 | certifies that the mare
should not be bred for health reasons), | ||||||
22 | and is not bred to a stallion
standing in any other state | ||||||
23 | during the season of foaling. An "Illinois
foaled horse" also | ||||||
24 | means a foal born in Illinois of a mare purchased at public
| ||||||
25 | auction
subsequent to the mare entering this State on or before | ||||||
26 | March 1 prior to February 1 of the foaling
year providing the |
| |||||||
| |||||||
1 | mare is owned solely by one or more Illinois residents or an
| ||||||
2 | Illinois
entity that is entirely owned by one or more Illinois | ||||||
3 | residents.
| ||||||
4 | (l) The Department of Agriculture shall, by rule, with the | ||||||
5 | advice
and assistance of the Illinois Thoroughbred Breeders | ||||||
6 | Fund Advisory
Board:
| ||||||
7 | (1) Qualify stallions for Illinois breeding; such | ||||||
8 | stallions to stand for
service within the State of Illinois | ||||||
9 | at the time of a foal's conception. Such
stallion must not | ||||||
10 | stand for service at any place outside the State of | ||||||
11 | Illinois
during the calendar year in which the foal is | ||||||
12 | conceived.
The Department of Agriculture may assess and | ||||||
13 | collect an application fee of up to $500 fees for the
| ||||||
14 | registration of Illinois-eligible stallions. All fees | ||||||
15 | collected are to be held in trust accounts for the purposes | ||||||
16 | set forth in this Act and in accordance with Section 205-15 | ||||||
17 | of the Department of Agriculture Law paid
into the Illinois | ||||||
18 | Thoroughbred Breeders Fund .
| ||||||
19 | (2) Provide for the registration of Illinois conceived | ||||||
20 | and foaled
horses and Illinois foaled horses. No such horse | ||||||
21 | shall compete in
the races limited to Illinois conceived | ||||||
22 | and foaled horses or Illinois
foaled horses or both unless | ||||||
23 | registered with the Department of
Agriculture. The | ||||||
24 | Department of Agriculture may prescribe such forms as
are | ||||||
25 | necessary to determine the eligibility of such horses. The | ||||||
26 | Department of
Agriculture may assess and collect |
| |||||||
| |||||||
1 | application fees for the registration of
Illinois-eligible | ||||||
2 | foals. All fees collected are to be held in trust accounts | ||||||
3 | for the purposes set forth in this Act and in accordance | ||||||
4 | with Section 205-15 of the Department of Agriculture Law | ||||||
5 | paid into the Illinois
Thoroughbred Breeders Fund . No | ||||||
6 | person
shall knowingly prepare or cause preparation of an | ||||||
7 | application for
registration of such foals containing | ||||||
8 | false information.
| ||||||
9 | (m) The Department of Agriculture, with the advice and | ||||||
10 | assistance of
the Illinois Thoroughbred Breeders Fund Advisory | ||||||
11 | Board, shall provide that certain races
limited to Illinois | ||||||
12 | conceived and foaled and Illinois foaled horses be
stakes races | ||||||
13 | and determine the total amount of stakes and awards to be paid
| ||||||
14 | to the owners of the winning horses in such races.
| ||||||
15 | In determining the stakes races and the amount of awards | ||||||
16 | for such races,
the Department of Agriculture shall consider | ||||||
17 | factors, including but not
limited to, the amount of money | ||||||
18 | appropriated for the Illinois Thoroughbred
Breeders Fund | ||||||
19 | program, organization licensees' contributions,
availability | ||||||
20 | of stakes caliber horses as demonstrated by past performances,
| ||||||
21 | whether the race can be coordinated into the proposed racing | ||||||
22 | dates within
organization licensees' racing dates, opportunity | ||||||
23 | for
colts and fillies
and various age groups to race, public | ||||||
24 | wagering on such races, and the
previous racing schedule.
| ||||||
25 | (n) The Board and the organizational licensee shall
notify | ||||||
26 | the Department of the conditions and minimum purses for races
|
| |||||||
| |||||||
1 | limited to Illinois conceived and foaled and Illinois foaled | ||||||
2 | horses
conducted for each organizational licensee conducting a | ||||||
3 | thoroughbred racing
meeting. The Department of Agriculture | ||||||
4 | with the advice and assistance of
the Illinois Thoroughbred | ||||||
5 | Breeders Fund Advisory Board may allocate monies
for purse | ||||||
6 | supplements for such races. In determining whether to allocate
| ||||||
7 | money and the amount, the Department of Agriculture shall | ||||||
8 | consider factors,
including but not limited to, the amount of | ||||||
9 | money appropriated for the
Illinois Thoroughbred Breeders Fund | ||||||
10 | program, the number of races that may
occur, and the | ||||||
11 | organizational licensee's purse structure.
| ||||||
12 | (o) In order to improve the breeding quality of | ||||||
13 | thoroughbred horses in the
State, the General Assembly | ||||||
14 | recognizes that existing provisions of this Section
to | ||||||
15 | encourage such quality breeding need to be revised and | ||||||
16 | strengthened. As
such, a Thoroughbred Breeder's Program Task | ||||||
17 | Force is to be appointed by the
Governor by September 1, 1999 | ||||||
18 | to make recommendations to the General Assembly
by
no later | ||||||
19 | than March 1, 2000.
This task force is to be composed of 2 | ||||||
20 | representatives from the Illinois
Thoroughbred Breeders and | ||||||
21 | Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's | ||||||
22 | Association, 3 from Illinois race tracks operating | ||||||
23 | thoroughbred
race meets for an average of at least 30 days in | ||||||
24 | the past 3 years, the Director
of Agriculture, the Executive | ||||||
25 | Director of the Racing Board, who shall serve as
Chairman.
| ||||||
26 | (Source: P.A. 91-40, eff. 6-25-99.)
|
| |||||||
| |||||||
1 | (230 ILCS 5/30.5)
| ||||||
2 | Sec. 30.5. Illinois Quarter Horse Breeders Fund.
| ||||||
3 | (a) The General Assembly declares that it is the policy of | ||||||
4 | this State to
encourage the breeding of racing quarter horses | ||||||
5 | in this State and the ownership
of such horses by residents of | ||||||
6 | this State in order to provide for sufficient
numbers of high | ||||||
7 | quality racing quarter horses in this State and to establish
| ||||||
8 | and
preserve the agricultural and commercial benefits of such | ||||||
9 | breeding and racing
industries to the State of Illinois. It is | ||||||
10 | the intent of the General Assembly
to
further this policy by | ||||||
11 | the provisions of this Act.
| ||||||
12 | (b) There is hereby created a non-appropriated trust | ||||||
13 | special fund in the State Treasury to be
known as the Illinois | ||||||
14 | Racing Quarter Horse Breeders Fund , which is held separate and | ||||||
15 | apart from State moneys . Except as provided
in
subsection (g) | ||||||
16 | of Section 27 of this Act, 8.5% of all the moneys received by
| ||||||
17 | the
State as pari-mutuel taxes on quarter horse racing shall be | ||||||
18 | paid into the
Illinois
Racing Quarter Horse Breeders Fund. The | ||||||
19 | Illinois Racing Quarter Horse Breeders Fund shall not be | ||||||
20 | subject to administrative charges or chargebacks, including, | ||||||
21 | but not
limited to, those authorized under Section 8h of the | ||||||
22 | State Finance Act.
| ||||||
23 | (c) The Illinois Racing Quarter Horse Breeders Fund shall | ||||||
24 | be administered
by the Department of Agriculture with the | ||||||
25 | advice and assistance of the Advisory
Board created in |
| |||||||
| |||||||
1 | subsection (d) of this Section.
| ||||||
2 | (d) The Illinois Racing Quarter Horse Breeders Fund | ||||||
3 | Advisory Board shall
consist of the Director of the Department | ||||||
4 | of Agriculture, who shall serve as
Chairman; a member of the | ||||||
5 | Illinois Racing Board, designated by it; one
representative of | ||||||
6 | the organization licensees conducting pari-mutuel
quarter | ||||||
7 | horse racing meetings,
recommended by them; 2 representatives | ||||||
8 | of the Illinois Running Quarter Horse
Association, recommended | ||||||
9 | by it; and the Superintendent of Fairs and Promotions
from the | ||||||
10 | Department of Agriculture. Advisory Board members shall serve | ||||||
11 | for 2
years commencing January 1 of each odd numbered year. If | ||||||
12 | representatives have
not
been recommended by January 1 of each | ||||||
13 | odd numbered year, the Director of the
Department of | ||||||
14 | Agriculture may make an appointment for the organization | ||||||
15 | failing
to
so recommend a member of the Advisory Board. | ||||||
16 | Advisory Board members shall
receive
no compensation for their | ||||||
17 | services as members but may be reimbursed for all
actual and | ||||||
18 | necessary expenses and disbursements incurred in the execution | ||||||
19 | of
their official duties.
| ||||||
20 | (e) Moneys in
No moneys shall be expended from the Illinois | ||||||
21 | Racing Quarter Horse
Breeders Fund except as appropriated by | ||||||
22 | the General Assembly. Moneys
appropriated
from the Illinois | ||||||
23 | Racing Quarter Horse Breeders Fund shall be expended by the
| ||||||
24 | Department of Agriculture, with the advice and assistance of | ||||||
25 | the Illinois
Racing
Quarter Horse Breeders Fund Advisory Board, | ||||||
26 | for the following purposes only:
|
| |||||||
| |||||||
1 | (1) To provide stakes and awards to be paid to the
| ||||||
2 | owners of the winning horses in certain races. This | ||||||
3 | provision
is limited to Illinois conceived and foaled | ||||||
4 | horses.
| ||||||
5 | (2) To provide an award to the owner or owners of an | ||||||
6 | Illinois
conceived and foaled horse that wins a race when | ||||||
7 | pari-mutuel wagering is
conducted; providing the race is | ||||||
8 | not restricted to Illinois conceived and
foaled horses.
| ||||||
9 | (3) To provide purse money for an Illinois stallion | ||||||
10 | stakes program.
| ||||||
11 | (4) To provide for purses to be distributed for the | ||||||
12 | running of races
during the Illinois State Fair and the | ||||||
13 | DuQuoin State Fair exclusively for
quarter horses | ||||||
14 | conceived and foaled in Illinois.
| ||||||
15 | (5) To provide for purses to be distributed for the | ||||||
16 | running of races
at Illinois county fairs exclusively for | ||||||
17 | quarter horses conceived and foaled
in Illinois.
| ||||||
18 | (6) To provide for purses to be distributed for running | ||||||
19 | races
exclusively for quarter horses conceived and foaled | ||||||
20 | in Illinois at locations
in Illinois determined by the | ||||||
21 | Department of Agriculture with advice and
consent of the | ||||||
22 | Racing Quarter Horse Breeders Fund Advisory Board.
| ||||||
23 | (7) No less than 90% of all moneys appropriated from | ||||||
24 | the Illinois
Racing Quarter Horse Breeders Fund shall be | ||||||
25 | expended for the purposes in
items (1), (2), (3), (4), and | ||||||
26 | (5) of this subsection (e).
|
| |||||||
| |||||||
1 | (8) To provide for research programs concerning the | ||||||
2 | health,
development, and care of racing quarter horses.
| ||||||
3 | (9) To provide for dissemination of public information | ||||||
4 | designed to
promote the breeding of racing quarter horses | ||||||
5 | in Illinois.
| ||||||
6 | (10) To provide for expenses incurred in the | ||||||
7 | administration of the
Illinois Racing Quarter Horse | ||||||
8 | Breeders Fund.
| ||||||
9 | (f) The Department of Agriculture shall, by rule, with the | ||||||
10 | advice and
assistance of the Illinois Racing Quarter Horse | ||||||
11 | Breeders Fund Advisory Board:
| ||||||
12 | (1) Qualify stallions for Illinois breeding; such | ||||||
13 | stallions to stand
for service within the State of | ||||||
14 | Illinois, at the time of a foal's
conception. Such stallion | ||||||
15 | must not stand for service at any place outside
the State | ||||||
16 | of Illinois during the calendar year in which the foal is
| ||||||
17 | conceived. The Department of Agriculture may assess and | ||||||
18 | collect application
fees for the registration of | ||||||
19 | Illinois-eligible stallions. All fees collected
are to be | ||||||
20 | paid into the Illinois Racing Quarter Horse Breeders Fund.
| ||||||
21 | (2) Provide for the registration of Illinois conceived | ||||||
22 | and foaled
horses. No such horse shall compete in the races | ||||||
23 | limited to Illinois
conceived and foaled horses unless it | ||||||
24 | is registered with the Department of
Agriculture. The | ||||||
25 | Department of Agriculture may prescribe such forms as are
| ||||||
26 | necessary to determine the eligibility of such horses. The |
| |||||||
| |||||||
1 | Department of
Agriculture may assess and collect | ||||||
2 | application fees for the registration of
Illinois-eligible | ||||||
3 | foals. All fees collected are to be paid into the Illinois
| ||||||
4 | Racing Quarter Horse Breeders Fund. No person shall | ||||||
5 | knowingly prepare or
cause preparation of an application | ||||||
6 | for registration of such foals that
contains false | ||||||
7 | information.
| ||||||
8 | (g) The Department of Agriculture, with the advice and | ||||||
9 | assistance of the
Illinois Racing Quarter Horse Breeders Fund | ||||||
10 | Advisory Board, shall provide that
certain races limited to | ||||||
11 | Illinois conceived and foaled be stakes races and
determine the | ||||||
12 | total amount of stakes and awards to be paid to the owners of | ||||||
13 | the
winning horses in such races.
| ||||||
14 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
15 | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
| ||||||
16 | Sec. 31.
(a) The General Assembly declares that it is the | ||||||
17 | policy of
this State to encourage the breeding of standardbred | ||||||
18 | horses in this
State and the ownership of such horses by | ||||||
19 | residents of this State in
order to provide for: sufficient | ||||||
20 | numbers of high quality standardbred
horses to participate in | ||||||
21 | harness racing meetings in this State, and to
establish and | ||||||
22 | preserve the agricultural and commercial benefits of such
| ||||||
23 | breeding and racing industries to the State of Illinois. It is | ||||||
24 | the
intent of the General Assembly to further this policy by | ||||||
25 | the provisions
of this Section of this Act.
|
| |||||||
| |||||||
1 | (b) Each organization licensee conducting a harness
racing | ||||||
2 | meeting pursuant to this Act shall provide for at least two | ||||||
3 | races each
race program limited to
Illinois conceived and | ||||||
4 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
5 | week limited to Illinois conceived and foaled horses. No
horses | ||||||
6 | shall be permitted to start in such races unless duly | ||||||
7 | registered
under the rules of the Department of Agriculture.
| ||||||
8 | (b-5) Organization licensees, not including the Illinois | ||||||
9 | State Fair or the DuQuoin State Fair, shall provide stake races | ||||||
10 | and early closer races for Illinois conceived and foaled horses | ||||||
11 | so that purses distributed for such races shall be no less than | ||||||
12 | 17% of total purses distributed for harness racing in that | ||||||
13 | calendar year in addition to any stakes payments and starting | ||||||
14 | fees contributed by horse owners. | ||||||
15 | (b-10) Each organization licensee conducting a harness | ||||||
16 | racing meeting
pursuant to this Act shall provide an owner | ||||||
17 | award to be paid from the purse
account equal to 25% of the | ||||||
18 | amount earned by Illinois conceived and foaled
horses in races | ||||||
19 | that are not restricted to Illinois conceived and foaled
| ||||||
20 | horses. The owner awards shall not be paid on races below the | ||||||
21 | $10,000 claiming class. | ||||||
22 | (c) Conditions of races under subsection (b) shall be | ||||||
23 | commensurate
with past performance, quality and class of | ||||||
24 | Illinois conceived and
foaled horses available. If, however, | ||||||
25 | sufficient competition cannot be
had among horses of that class | ||||||
26 | on any day, the races may, with consent
of the Board, be |
| |||||||
| |||||||
1 | eliminated for that day and substitute races provided.
| ||||||
2 | (d) There is hereby created a special fund of the State | ||||||
3 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
4 | Fund.
| ||||||
5 | During the calendar year 1981, and each year thereafter, | ||||||
6 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
7 | eight and one-half
per cent of all the monies received by the | ||||||
8 | State as privilege taxes on
harness racing meetings shall be | ||||||
9 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
10 | (e) The Illinois Standardbred Breeders Fund shall be | ||||||
11 | administered by
the Department of Agriculture with the | ||||||
12 | assistance and advice of the
Advisory Board created in | ||||||
13 | subsection (f) of this Section.
| ||||||
14 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
15 | is hereby
created. The Advisory Board shall consist of the | ||||||
16 | Director of the
Department of Agriculture, who shall serve as | ||||||
17 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
18 | member of the Illinois
Racing Board, designated by it; a | ||||||
19 | representative of the Illinois
Standardbred Owners and | ||||||
20 | Breeders Association, recommended by it; a
representative of | ||||||
21 | the Illinois Association of Agricultural Fairs,
recommended by | ||||||
22 | it, such representative to be from a fair at which
Illinois | ||||||
23 | conceived and foaled racing is conducted; a representative of
| ||||||
24 | the organization licensees conducting harness racing
meetings, | ||||||
25 | recommended by them
and a representative of the Illinois | ||||||
26 | Harness Horsemen's Association,
recommended by it. Advisory |
| |||||||
| |||||||
1 | Board members shall serve for 2 years
commencing January 1, of | ||||||
2 | each odd numbered year. If representatives of
the Illinois | ||||||
3 | Standardbred Owners and Breeders Associations, the Illinois
| ||||||
4 | Association of Agricultural Fairs, the Illinois Harness | ||||||
5 | Horsemen's
Association, and the organization licensees | ||||||
6 | conducting
harness racing meetings
have not been recommended by | ||||||
7 | January 1, of each odd numbered year, the
Director of the | ||||||
8 | Department of Agriculture shall make an appointment for
the | ||||||
9 | organization failing to so recommend a member of the Advisory | ||||||
10 | Board.
Advisory Board members shall receive no compensation for | ||||||
11 | their services
as members but shall be reimbursed for all | ||||||
12 | actual and necessary expenses
and disbursements incurred in the | ||||||
13 | execution of their official duties.
| ||||||
14 | (g) No monies shall be expended from the Illinois | ||||||
15 | Standardbred
Breeders Fund except as appropriated by the | ||||||
16 | General Assembly. Monies
appropriated from the Illinois | ||||||
17 | Standardbred Breeders Fund shall be
expended by the Department | ||||||
18 | of Agriculture, with the assistance and
advice of the Illinois | ||||||
19 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
20 | purposes only:
| ||||||
21 | 1. To provide purses for races limited to Illinois | ||||||
22 | conceived and
foaled horses at the State Fair and the | ||||||
23 | DuQuoin State Fair .
| ||||||
24 | 2. To provide purses for races limited to Illinois | ||||||
25 | conceived and
foaled horses at county fairs.
| ||||||
26 | 3. To provide purse supplements for races limited to |
| |||||||
| |||||||
1 | Illinois
conceived and foaled horses conducted by | ||||||
2 | associations conducting harness
racing meetings.
| ||||||
3 | 4. No less than 75% of all monies in the Illinois | ||||||
4 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
5 | 1, 2 and 3 as shown above.
| ||||||
6 | 5. In the discretion of the Department of Agriculture | ||||||
7 | to provide
awards to harness breeders of Illinois conceived | ||||||
8 | and foaled horses which
win races conducted by organization | ||||||
9 | licensees
conducting harness racing meetings.
A breeder is | ||||||
10 | the owner of a mare at the time of conception. No more
than | ||||||
11 | 10% of all monies appropriated from the Illinois
| ||||||
12 | Standardbred Breeders Fund shall
be expended for such | ||||||
13 | harness breeders awards. No more than 25% of the
amount | ||||||
14 | expended for harness breeders awards shall be expended for
| ||||||
15 | expenses incurred in the administration of such harness | ||||||
16 | breeders awards.
| ||||||
17 | 6. To pay for the improvement of racing facilities | ||||||
18 | located at the
State Fair and County fairs.
| ||||||
19 | 7. To pay the expenses incurred in the administration | ||||||
20 | of the
Illinois Standardbred Breeders Fund.
| ||||||
21 | 8. To promote the sport of harness racing , including | ||||||
22 | grants up to a
maximum of $7,500 per fair per year for | ||||||
23 | conducting pari-mutuel wagering during the advertised | ||||||
24 | dates of a
county fair . | ||||||
25 | 9. To pay up to $50,000 annually for the Department of | ||||||
26 | Agriculture to conduct drug testing at county fairs racing |
| |||||||
| |||||||
1 | standardbred horses. | ||||||
2 | 10. To pay up to $100,000 annually for distribution to | ||||||
3 | Illinois county fairs to supplement premiums offered in | ||||||
4 | junior classes. | ||||||
5 | 11. To pay up to $100,000 annually for division and | ||||||
6 | equal distribution to each Illinois public university | ||||||
7 | system engaged in equine research and education on or | ||||||
8 | before the effective date of this amendatory Act of the | ||||||
9 | 96th General Assembly for equine research and education.
| ||||||
10 | (h) (Blank) Whenever the Governor finds that the amount in | ||||||
11 | the Illinois
Standardbred Breeders Fund is more than the total | ||||||
12 | of the outstanding
appropriations from such fund, the Governor | ||||||
13 | shall notify the State
Comptroller and the State Treasurer of | ||||||
14 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
15 | receipt of such notification, shall transfer
such excess amount | ||||||
16 | from the Illinois Standardbred Breeders Fund to the
General | ||||||
17 | Revenue Fund .
| ||||||
18 | (i) A sum equal to 13% 12 1/2% of the first prize money of | ||||||
19 | the gross every purse
won by an Illinois conceived and foaled | ||||||
20 | horse shall be paid 50% by the
organization licensee conducting | ||||||
21 | the horse race meeting to the breeder
of such winning horse | ||||||
22 | from the organization licensee's account and 50% from the purse | ||||||
23 | account of the licensee share of the
money wagered .
Such | ||||||
24 | payment
shall not reduce any award to the owner of
the horse or | ||||||
25 | reduce the taxes payable under this Act. Such payment
shall be | ||||||
26 | delivered by the organization licensee at the end of each |
| |||||||
| |||||||
1 | quarter race
meeting .
| ||||||
2 | (j) The Department of Agriculture shall, by rule, with the
| ||||||
3 | assistance and advice of the Illinois Standardbred Breeders | ||||||
4 | Fund
Advisory Board:
| ||||||
5 | 1. Qualify stallions for Illinois Standardbred | ||||||
6 | Breeders Fund breeding ; such stallion
shall be owned by a | ||||||
7 | resident of the State of Illinois or by an Illinois
| ||||||
8 | corporation all of whose shareholders, directors, officers | ||||||
9 | and
incorporators are residents of the State of Illinois . | ||||||
10 | Such stallion shall
stand for
service at and within the | ||||||
11 | State of Illinois at the time of a foal's
conception, and | ||||||
12 | such stallion must not stand for service at any place , nor
| ||||||
13 | may semen from such stallion be transported,
outside the | ||||||
14 | State of Illinois during that calendar year in which the
| ||||||
15 | foal is conceived and that the owner of the stallion was | ||||||
16 | for the
12
months prior, a resident of Illinois . Foals | ||||||
17 | conceived outside the State of Illinois from shipped semen | ||||||
18 | from a
stallion qualified for breeders' awards under this | ||||||
19 | Section are
not eligible to participate in the Illinois | ||||||
20 | conceived and foaled program.
The articles of agreement of | ||||||
21 | any partnership, joint venture, limited
partnership, | ||||||
22 | syndicate, association or corporation and any bylaws and | ||||||
23 | stock
certificates must contain a restriction that | ||||||
24 | provides that the ownership or
transfer of interest by any | ||||||
25 | one of the persons a party to the agreement can
only be | ||||||
26 | made to a person who qualifies as an Illinois resident.
|
| |||||||
| |||||||
1 | 2. Provide for the registration of Illinois conceived | ||||||
2 | and foaled
horses and no such horse shall compete in the | ||||||
3 | races limited to Illinois
conceived and foaled horses | ||||||
4 | unless registered with the Department of
Agriculture. The | ||||||
5 | Department of Agriculture may prescribe such forms as
may | ||||||
6 | be necessary to determine the eligibility of such horses. | ||||||
7 | No person
shall knowingly prepare or cause preparation of | ||||||
8 | an application for
registration of such foals containing | ||||||
9 | false information.
A mare (dam) must be in the state at | ||||||
10 | least 30 days prior to foaling or
remain in the State at | ||||||
11 | least 30 days at the time of foaling.
Beginning with the | ||||||
12 | 1996 breeding season and for foals of 1997 and thereafter,
| ||||||
13 | a foal conceived in the State of Illinois by transported | ||||||
14 | fresh semen may be eligible for Illinois
conceived and | ||||||
15 | foaled registration provided all breeding and foaling
| ||||||
16 | requirements are met. The stallion must be qualified for | ||||||
17 | Illinois Standardbred
Breeders Fund breeding at the time of | ||||||
18 | conception and the mare must be
inseminated within the | ||||||
19 | State of Illinois. The foal must be dropped in Illinois
and | ||||||
20 | properly registered with the Department of Agriculture in | ||||||
21 | accordance with
this Act.
| ||||||
22 | 3. Provide that at least a 5 day racing program shall | ||||||
23 | be conducted
at the State Fair each year, which program | ||||||
24 | shall include at least the
following races limited to | ||||||
25 | Illinois conceived and foaled horses: (a) a
two year old | ||||||
26 | Trot and Pace, and Filly Division of each; (b) a three
year |
| |||||||
| |||||||
1 | old Trot and Pace, and Filly Division of each; (c) an aged | ||||||
2 | Trot and Pace,
and Mare Division of each.
| ||||||
3 | 4. Provide for the payment of nominating, sustaining | ||||||
4 | and starting
fees for races promoting the sport of harness | ||||||
5 | racing and for the races
to be conducted at the State Fair | ||||||
6 | as provided in
subsection (j) 3 of this Section provided | ||||||
7 | that the nominating,
sustaining and starting payment | ||||||
8 | required from an entrant shall not
exceed 2% of the purse | ||||||
9 | of such race. All nominating, sustaining and
starting | ||||||
10 | payments shall be held for the benefit of entrants and | ||||||
11 | shall be
paid out as part of the respective purses for such | ||||||
12 | races.
Nominating, sustaining and starting fees shall be | ||||||
13 | held in trust accounts
for the purposes as set forth in | ||||||
14 | this Act and in accordance with Section
205-15 of the | ||||||
15 | Department of Agriculture Law (20 ILCS
205/205-15).
| ||||||
16 | 5. Provide for the registration with the Department of | ||||||
17 | Agriculture
of Colt Associations or county fairs desiring | ||||||
18 | to sponsor races at county
fairs. | ||||||
19 | 6. Provide for the promotion of producing standardbred | ||||||
20 | racehorses by providing a bonus award program for owners of | ||||||
21 | 2-year-old horses that win multiple major stakes races that | ||||||
22 | are limited to Illinois conceived and foaled horses.
| ||||||
23 | (k) The Department of Agriculture, with the advice and | ||||||
24 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
25 | Board, may allocate monies for purse
supplements for such | ||||||
26 | races. In determining whether to allocate money and
the amount, |
| |||||||
| |||||||
1 | the Department
of Agriculture shall consider factors, | ||||||
2 | including but not limited to, the
amount of money appropriated | ||||||
3 | for the Illinois Standardbred Breeders Fund
program, the number | ||||||
4 | of races that may occur, and an organizational
licensee's purse | ||||||
5 | structure. The organizational licensee shall notify the
| ||||||
6 | Department of Agriculture of the conditions and minimum purses | ||||||
7 | for races
limited to Illinois conceived and foaled horses to be | ||||||
8 | conducted by each
organizational licensee conducting a harness | ||||||
9 | racing meeting for which purse
supplements have been | ||||||
10 | negotiated.
| ||||||
11 | (l) All races held at county fairs and the State Fair which | ||||||
12 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
13 | shall be conducted in
accordance with the rules of the United | ||||||
14 | States Trotting Association unless
otherwise modified by the | ||||||
15 | Department of Agriculture.
| ||||||
16 | (m) At all standardbred race meetings held or conducted | ||||||
17 | under authority of a
license granted by the Board, and at all | ||||||
18 | standardbred races held at county
fairs which are approved by | ||||||
19 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
20 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
21 | standardbred horse unless he or she is wearing a protective | ||||||
22 | safety helmet,
with the
chin strap fastened and in place, which | ||||||
23 | meets the standards and
requirements as set forth in the 1984 | ||||||
24 | Standard for Protective Headgear for
Use in Harness Racing and | ||||||
25 | Other Equestrian Sports published by the Snell
Memorial | ||||||
26 | Foundation, or any standards and requirements for headgear the
|
| |||||||
| |||||||
1 | Illinois Racing Board may approve. Any other standards and | ||||||
2 | requirements so
approved by the Board shall equal or exceed | ||||||
3 | those published by the Snell
Memorial Foundation. Any | ||||||
4 | equestrian helmet bearing the Snell label shall
be deemed to | ||||||
5 | have met those standards and requirements.
| ||||||
6 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
7 | (230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
| ||||||
8 | Sec. 31.1.
(a) Organization licensees
collectively shall | ||||||
9 | contribute annually to charity the sum of $1,000,000
$750,000
| ||||||
10 | to non-profit organizations that provide medical and family, | ||||||
11 | counseling,
and similar services to persons who reside or work | ||||||
12 | on the backstretch of
Illinois racetracks.
These contributions | ||||||
13 | shall be collected as follows: (i) no later than July
1st of | ||||||
14 | each year the Board shall assess each organization licensee, | ||||||
15 | except
those tracks which are not within 100 miles of each | ||||||
16 | other which tracks
shall pay $40,000 $30,000 annually apiece | ||||||
17 | into the Board charity fund, that amount
which equals $920,000 | ||||||
18 | $690,000 multiplied by the amount of pari-mutuel wagering
| ||||||
19 | handled by the organization licensee in the year preceding | ||||||
20 | assessment and
divided by the total pari-mutuel wagering | ||||||
21 | handled by all Illinois
organization licensees, except those | ||||||
22 | tracks which are not within 100 miles of
each other, in the | ||||||
23 | year preceding assessment; (ii) notice of
the assessed | ||||||
24 | contribution shall be mailed to each organization licensee;
| ||||||
25 | (iii) within thirty days of its receipt of such notice, each |
| |||||||
| |||||||
1 | organization
licensee shall remit the assessed contribution to | ||||||
2 | the Board. If an
organization licensee wilfully fails to so | ||||||
3 | remit the contribution, the
Board may revoke its license to | ||||||
4 | conduct horse racing.
| ||||||
5 | (b) No later than October 1st of each year, any
qualified | ||||||
6 | charitable organization seeking an allotment of
contributed | ||||||
7 | funds shall
submit to the Board an application for those funds, | ||||||
8 | using the
Board's approved
form. No later than December 31st of | ||||||
9 | each year, the Board shall
distribute all such amounts | ||||||
10 | collected that year to such charitable
organization | ||||||
11 | applicants.
| ||||||
12 | (Source: P.A. 87-110.)
| ||||||
13 | (230 ILCS 5/32.1)
| ||||||
14 | Sec. 32.1. Pari-mutuel tax credit; statewide racetrack | ||||||
15 | real estate
equalization. | ||||||
16 | (a) In order to encourage new investment in Illinois | ||||||
17 | racetrack facilities and
mitigate differing real estate tax | ||||||
18 | burdens among all racetracks, the licensees
affiliated or | ||||||
19 | associated with each racetrack that has been awarded live | ||||||
20 | racing
dates in the current year shall receive an immediate | ||||||
21 | pari-mutuel tax credit in
an amount equal to the greater of (i) | ||||||
22 | 50% of the amount of the real estate
taxes paid in the prior | ||||||
23 | year attributable to that racetrack, or (ii) the amount
by | ||||||
24 | which the real estate taxes paid in the prior year attributable | ||||||
25 | to that
racetrack exceeds 60% of the average real estate taxes |
| |||||||
| |||||||
1 | paid in the prior year
for all racetracks awarded live horse | ||||||
2 | racing meets in the current year.
| ||||||
3 | Each year, regardless of whether the organization licensee | ||||||
4 | conducted live
racing in the year of certification, the
Board | ||||||
5 | shall certify in writing, prior to December 31, the real
estate | ||||||
6 | taxes paid in that year for each racetrack and the amount of | ||||||
7 | the
pari-mutuel tax credit that each organization licensee, | ||||||
8 | intertrack wagering
licensee, and intertrack wagering location | ||||||
9 | licensee that derives its license
from such racetrack is | ||||||
10 | entitled in the succeeding calendar year. The real
estate taxes | ||||||
11 | considered under this Section
for any racetrack shall be those | ||||||
12 | taxes on the real estate parcels and related
facilities used to | ||||||
13 | conduct a horse race meeting and inter-track wagering at
such
| ||||||
14 | racetrack under this Act.
In no event shall the amount of the | ||||||
15 | tax credit under this Section exceed the
amount of pari-mutuel | ||||||
16 | taxes otherwise calculated under this Act.
The amount of the | ||||||
17 | tax credit under this Section
shall be retained by each | ||||||
18 | licensee and shall not be subject to any reallocation
or | ||||||
19 | further distribution under this Act. The Board may promulgate | ||||||
20 | emergency
rules to implement this Section.
| ||||||
21 | (b) Beginning on January 1 following the first 12-month | ||||||
22 | period that an organization licensee begins conducting | ||||||
23 | electronic gaming operations pursuant to Section 56 of this | ||||||
24 | Act, an organization licensee shall be ineligible to receive | ||||||
25 | the pari-mutuel tax credit provided in subsection (a). | ||||||
26 | (Source: P.A. 91-40, eff. 6-25-99.)
|
| |||||||
| |||||||
1 | (230 ILCS 5/34.3 new) | ||||||
2 | Sec. 34.3. Drug testing. The Illinois Racing Board and the | ||||||
3 | Department of Agriculture shall jointly establish a program for | ||||||
4 | the purpose of conducting drug testing of horses at county | ||||||
5 | fairs and shall adopt any rules necessary for enforcement of | ||||||
6 | the program. The rules shall include appropriate penalties for | ||||||
7 | violations.
| ||||||
8 | (230 ILCS 5/36)
(from Ch. 8, par. 37-36)
| ||||||
9 | Sec. 36. (a) Whoever administers or conspires to administer | ||||||
10 | to
any horse a hypnotic, narcotic, stimulant, depressant or any | ||||||
11 | chemical
substance which may affect the speed of a horse at any | ||||||
12 | time in any race
where the purse or any part of the purse is | ||||||
13 | made of money authorized by any
Section of this Act , except | ||||||
14 | those chemical substances permitted by ruling of
the Board, | ||||||
15 | internally, externally or by hypodermic method in a race or | ||||||
16 | prior
thereto, or whoever knowingly enters a horse in any race | ||||||
17 | within a period of 24
hours after any hypnotic, narcotic, | ||||||
18 | stimulant, depressant or any other chemical
substance which may | ||||||
19 | affect the speed of a horse at any time, except those
chemical | ||||||
20 | substances permitted by ruling of the Board, has been | ||||||
21 | administered to
such horse either internally or externally or | ||||||
22 | by hypodermic method for the
purpose of increasing or retarding | ||||||
23 | the speed of such horse shall be guilty of a
Class 4 felony. | ||||||
24 | The Board shall suspend or revoke such violator's license.
|
| |||||||
| |||||||
1 | (b) The term "hypnotic" as used in this Section includes | ||||||
2 | all barbituric
acid preparations and derivatives.
| ||||||
3 | (c) The term "narcotic" as used in this Section includes | ||||||
4 | opium and
all its alkaloids, salts, preparations and | ||||||
5 | derivatives, cocaine
and all its salts, preparations and | ||||||
6 | derivatives and substitutes.
| ||||||
7 | (d) The provisions of this Section 36 and the treatment | ||||||
8 | authorized herein
apply to horses entered in and competing in | ||||||
9 | race meetings as defined in
Section 3.47 of this Act and to | ||||||
10 | horses entered in and competing at any county
fair.
| ||||||
11 | (Source: P.A. 79-1185.)
| ||||||
12 | (230 ILCS 5/40) (from Ch. 8, par. 37-40)
| ||||||
13 | Sec. 40.
(a) The imposition of any fine or penalty provided | ||||||
14 | in this Act
shall not preclude the Board in its rules and | ||||||
15 | regulations from imposing a
fine or penalty for any other | ||||||
16 | action which, in the Board's discretion, is a
detriment or | ||||||
17 | impediment to horse racing.
| ||||||
18 | (b) The Director of Agriculture or his or her authorized | ||||||
19 | representative
shall impose the following monetary penalties | ||||||
20 | and hold administrative
hearings as required for failure to | ||||||
21 | submit the following applications,
lists, or reports within the | ||||||
22 | time period, date or manner required by
statute or rule or for | ||||||
23 | removing a foal from Illinois prior to inspection:
| ||||||
24 | (1) late filing of a renewal application for offering | ||||||
25 | or standing
stallion for service:
|
| |||||||
| |||||||
1 | (A) if an application is submitted no more than 30 | ||||||
2 | days late, $50;
| ||||||
3 | (B) if an application is submitted no more than 45 | ||||||
4 | days late, $150; or
| ||||||
5 | (C) if an application is submitted more than 45 | ||||||
6 | days late, if filing
of the application is allowed | ||||||
7 | under an administrative hearing, $250;
| ||||||
8 | (2) late filing of list or report of mares bred:
| ||||||
9 | (A) if a list or report is submitted no more than | ||||||
10 | 30 days late, $50;
| ||||||
11 | (B) if a list or report is submitted no more than | ||||||
12 | 60 days late $150; or
| ||||||
13 | (C) if a list or report is submitted more than 60 | ||||||
14 | days late, if filing
of the list or report is allowed | ||||||
15 | under an administrative hearing, $250;
| ||||||
16 | (3) filing an Illinois foaled thoroughbred mare status | ||||||
17 | report after the statutory deadline as provided in | ||||||
18 | subsection (k) of Section 30 of this Act
December 31 :
| ||||||
19 | (A) if a report is submitted no more than 30 days | ||||||
20 | late, $50;
| ||||||
21 | (B) if a report is submitted no more than 90 days | ||||||
22 | late, $150;
| ||||||
23 | (C) if a report is submitted no more than 150 days | ||||||
24 | late, $250; or
| ||||||
25 | (D) if a report is submitted more than 150 days | ||||||
26 | late, if filing of
the report is allowed under an |
| |||||||
| |||||||
1 | administrative hearing, $500;
| ||||||
2 | (4) late filing of application for foal eligibility | ||||||
3 | certificate:
| ||||||
4 | (A) if an application is submitted no more than 30 | ||||||
5 | days late, $50;
| ||||||
6 | (B) if an application is submitted no more than 90 | ||||||
7 | days late, $150;
| ||||||
8 | (C) if an application is submitted no more than 150 | ||||||
9 | days late, $250; or
| ||||||
10 | (D) if an application is submitted more than 150 | ||||||
11 | days late, if
filing of the application is allowed | ||||||
12 | under an administrative hearing, $500;
| ||||||
13 | (5) failure to report the intent to remove a foal from | ||||||
14 | Illinois prior
to inspection, identification and | ||||||
15 | certification by a Department of
Agriculture investigator, | ||||||
16 | $50; and
| ||||||
17 | (6) if a list or report of mares bred is incomplete, | ||||||
18 | $50 per mare not
included on the list or report.
| ||||||
19 | Any person upon whom monetary penalties are imposed under | ||||||
20 | this Section 3
times within a 5 year period shall have any | ||||||
21 | further monetary penalties
imposed at double the amounts set | ||||||
22 | forth above. All monies assessed and
collected for violations | ||||||
23 | relating to thoroughbreds shall be paid into the
Thoroughbred | ||||||
24 | Breeders Fund. All monies assessed and collected for
violations | ||||||
25 | relating to standardbreds shall be paid into the Standardbred
| ||||||
26 | Breeders Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-397.)
| ||||||
2 | (230 ILCS 5/56 new) | ||||||
3 | Sec. 56. Electronic gaming. | ||||||
4 | (a) A person, firm, or corporation having operating control | ||||||
5 | of a race track may apply to the Gaming Board for an electronic | ||||||
6 | gaming license. An electronic gaming license shall authorize | ||||||
7 | its holder to conduct electronic gaming on the grounds of the | ||||||
8 | race track controlled by the licensee's race track. Only one | ||||||
9 | electronic gaming license may be awarded for any race track. | ||||||
10 | Each license shall specify the number of gaming positions that | ||||||
11 | its holder may operate. | ||||||
12 | An electronic gaming licensee may not permit persons under | ||||||
13 | 21 years of age to be present in its electronic gaming | ||||||
14 | facility, but the licensee may accept wagers on live racing and | ||||||
15 | inter-track wagers at its electronic gaming facility. | ||||||
16 | (b) The adjusted gross receipts by an electronic gaming | ||||||
17 | licensee from electronic gaming remaining after the payment of | ||||||
18 | taxes under Section 13 of the Illinois Gambling Act shall be | ||||||
19 | distributed as follows: | ||||||
20 | (1) Amounts shall be paid to the purse account at the | ||||||
21 | track at which the organization licensee is conducting | ||||||
22 | racing equal to the following: | ||||||
23 | 12.75% of annual adjusted gross receipts up to and | ||||||
24 | including $75,000,000; | ||||||
25 | 20% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $75,000,000 but not exceeding $100,000,000; | ||||||
2 | 26.5% of annual adjusted gross receipts in excess | ||||||
3 | of $100,000,000 but not exceeding $125,000,000; and | ||||||
4 | 20.5% of annual adjusted gross receipts in excess | ||||||
5 | of $125,000,000. | ||||||
6 | (2) The remainder shall be retained by the electronic | ||||||
7 | gaming licensee. | ||||||
8 | (c) Electronic gaming receipts placed into the purse | ||||||
9 | account of an organization licensee racing thoroughbred horses | ||||||
10 | shall be used for purses, for health care services and worker's | ||||||
11 | compensation for racing industry workers, for equine research, | ||||||
12 | for programs to care for and transition injured and retired | ||||||
13 | thoroughbred horses that race at the race track, or for horse | ||||||
14 | ownership promotion, in accordance with the agreement of the | ||||||
15 | horsemen's association representing the largest number of | ||||||
16 | owners or trainers who race at that organization licensee's | ||||||
17 | race meeting. Annually, from the purse account of an | ||||||
18 | organization licensee racing thoroughbred horses, an amount | ||||||
19 | equal to 12% of the electronic gaming receipts placed into the | ||||||
20 | purse accounts shall be paid to the Illinois Thoroughbred | ||||||
21 | Breeders Fund and shall be used for owner awards; a stallion | ||||||
22 | program pursuant to paragraph (3) of subsection (g) of Section | ||||||
23 | 30 of this Act; and Illinois conceived and foaled stakes races | ||||||
24 | pursuant to paragraph (2) of subsection (g) of Section 30 of | ||||||
25 | this Act, as specifically designated by the horsemen's | ||||||
26 | association representing the largest number of owners or |
| |||||||
| |||||||
1 | trainers who race at the organization licensee's race meeting. | ||||||
2 | Annually, from the purse account of an organization licensee | ||||||
3 | conducting thoroughbred races at a race track in Madison | ||||||
4 | County, an amount equal to 1% of the electronic gaming receipts | ||||||
5 | distributed to purses per subsection (b) of this Section 56 | ||||||
6 | shall be paid as follows: 0.33 1/3% to Southern Illinois | ||||||
7 | University Department of Animal Sciences for equine research | ||||||
8 | and education, an amount equal to 0.33 1/3% of the electronic | ||||||
9 | gaming receipts shall be used to operate laundry facilities for | ||||||
10 | backstretch workers at that race track, and an amount equal to | ||||||
11 | 0.33 1/3% of the electronic gaming receipts shall be paid to | ||||||
12 | programs to care for injured and unwanted horses that race at | ||||||
13 | that race track. | ||||||
14 | Annually, from the purse account of organization licensees | ||||||
15 | conducting thoroughbred races at race tracks in Cook County, | ||||||
16 | $100,000 shall be paid for division and equal distribution to | ||||||
17 | each Illinois public university system engaged in equine | ||||||
18 | research and education on or before the effective date of this | ||||||
19 | amendatory Act of the 96th General Assembly for equine research | ||||||
20 | and education. | ||||||
21 | (d) Annually, from the purse account of an organization | ||||||
22 | licensee racing standardbred horses, an amount equal to 15% of | ||||||
23 | the electronic gaming receipts placed into that purse account | ||||||
24 | shall be paid to the Illinois Colt Stakes Purse Distribution | ||||||
25 | Fund. Moneys deposited into the Illinois Colt Stakes Purse | ||||||
26 | Distribution Fund shall be used for standardbred racing as |
| |||||||
| |||||||
1 | authorized in paragraphs 1, 2, 3, 8, 9, 10, and 11 of | ||||||
2 | subsection (g) of Section 31 of this Act and for bonus awards | ||||||
3 | as authorized under paragraph 6 of subsection (j) of Section 31 | ||||||
4 | of this Act. | ||||||
5 | (e) As a requirement for continued eligibility to conduct | ||||||
6 | electronic gaming, each organization licensee must promote | ||||||
7 | live racing and horse ownership through marketing and | ||||||
8 | promotional efforts. To meet this requirement, all | ||||||
9 | organization licensees operating at each race track facility | ||||||
10 | must collectively expend the amount of the pari-mutuel tax | ||||||
11 | credit that was certified by the Illinois Racing Board in the | ||||||
12 | prior calendar year pursuant to Section 32.1 of this Act for | ||||||
13 | that race track facility, in addition to the amount that was | ||||||
14 | expended by each organizational licensee for such efforts in | ||||||
15 | calendar year 2009. Such incremental expenditures must be | ||||||
16 | directed to assure that all marketing expenditures, including | ||||||
17 | those for the organization licensee's electronic gaming | ||||||
18 | facility, advertise, market, and promote horse racing or horse | ||||||
19 | ownership. The amount spent by the organization licensee for | ||||||
20 | such marketing and promotional efforts in 2009 shall be | ||||||
21 | certified by the Board no later than 90 days after the | ||||||
22 | effective date of this Section. | ||||||
23 | Beginning on January 1 following the first 12-month period | ||||||
24 | that an organization licensee begins conducting electronic | ||||||
25 | gaming operations pursuant to Section 56 of this Act, an | ||||||
26 | organization licensee shall not be subject to the provisions of |
| |||||||
| |||||||
1 | this subsection (e).
| ||||||
2 | Section 90-40. The Riverboat Gambling Act is amended by | ||||||
3 | changing Sections 1, 2, 3, 4, 5, 5.1, 6, 7, 7.1, 7.3, 8, 9, 11, | ||||||
4 | 11.1, 12, 13, 14, 18, 19, 20, and 23 and by adding Sections | ||||||
5 | 7.6, 7.7, 7.8, 7.9, and 7.10 as follows:
| ||||||
6 | (230 ILCS 10/1) (from Ch. 120, par. 2401)
| ||||||
7 | Sec. 1. Short title. This Act shall be known and may be | ||||||
8 | cited as the
Illinois Riverboat Gambling Act.
| ||||||
9 | (Source: P.A. 86-1029.)
| ||||||
10 | (230 ILCS 10/2) (from Ch. 120, par. 2402)
| ||||||
11 | Sec. 2. Legislative Intent.
| ||||||
12 | (a) This Act is intended to benefit the
people of the State | ||||||
13 | of Illinois
by assisting economic development and promoting | ||||||
14 | Illinois tourism
and by increasing the amount of revenues | ||||||
15 | available to the State to assist and
support education.
| ||||||
16 | (b) While authorization of riverboat and casino gambling | ||||||
17 | will enhance investment,
development and tourism in Illinois, | ||||||
18 | it is recognized that it will do so
successfully only if public | ||||||
19 | confidence and trust in the credibility and
integrity of the | ||||||
20 | gambling operations and the regulatory process is
maintained. | ||||||
21 | Therefore, regulatory provisions of this Act are designed to
| ||||||
22 | strictly regulate the facilities, persons, associations and | ||||||
23 | practices
related to gambling operations pursuant to the police |
| |||||||
| |||||||
1 | powers of the State,
including comprehensive law enforcement | ||||||
2 | supervision.
| ||||||
3 | (c) The Illinois Gaming Board established under this Act | ||||||
4 | should, as soon
as possible, inform each applicant for an | ||||||
5 | owners license of the Board's
intent to grant or deny a | ||||||
6 | license.
| ||||||
7 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
8 | (230 ILCS 10/3) (from Ch. 120, par. 2403)
| ||||||
9 | Sec. 3. Riverboat Gambling Authorized.
| ||||||
10 | (a) Riverboat and casino gambling
operations and | ||||||
11 | electronic gaming operations and the system of wagering
| ||||||
12 | incorporated therein , as defined in this Act, are hereby | ||||||
13 | authorized to the
extent that they are carried out in | ||||||
14 | accordance with the provisions of this
Act.
| ||||||
15 | (b) This Act does not apply to the pari-mutuel system of | ||||||
16 | wagering used
or intended to be used in connection with the | ||||||
17 | horse-race meetings as
authorized under the Illinois Horse | ||||||
18 | Racing Act of 1975, lottery games
authorized under the Illinois | ||||||
19 | Lottery Law, bingo authorized under the Bingo
License and Tax | ||||||
20 | Act, charitable games authorized under the Charitable Games
Act | ||||||
21 | or pull tabs and jar games conducted under the Illinois Pull | ||||||
22 | Tabs and Jar
Games Act. This Act applies to electronic gaming | ||||||
23 | authorized under the Illinois Horse Racing Act of 1975 to the | ||||||
24 | extent provided in that Act and in this Act.
| ||||||
25 | (c) Riverboat gambling conducted pursuant to this Act may |
| |||||||
| |||||||
1 | be authorized
upon any water within the State of Illinois or | ||||||
2 | any
water other than Lake Michigan which constitutes a boundary | ||||||
3 | of the State
of Illinois.
Notwithstanding any provision in this | ||||||
4 | subsection (c) to the contrary, a
licensee that receives its | ||||||
5 | license pursuant to subsection (e-5) of Section 7
may
conduct | ||||||
6 | riverboat gambling on Lake Michigan from a home dock located on | ||||||
7 | Lake
Michigan subject to any limitations contained in Section | ||||||
8 | 7. Notwithstanding any provision in this subsection (c) to the | ||||||
9 | contrary, a licensee may conduct gambling at its home dock | ||||||
10 | facility as provided in Sections 7 and 11. A licensee may | ||||||
11 | conduct riverboat gambling authorized under this Act
| ||||||
12 | regardless of whether it conducts excursion cruises. A licensee | ||||||
13 | may permit
the continuous ingress and egress of passengers for | ||||||
14 | the purpose of
gambling.
| ||||||
15 | (d) Gambling that is conducted in accordance with this Act | ||||||
16 | using slot machines and video games of chance and other | ||||||
17 | electronic gambling games as defined in both the Illinois | ||||||
18 | Gambling Act and the Illinois Horse Racing Act of 1975 is | ||||||
19 | authorized. | ||||||
20 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
21 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
22 | Sec. 4. Definitions. As used in this Act:
| ||||||
23 | (a) "Board" means the Illinois Gaming Board.
| ||||||
24 | (b) "Occupational license" means a license issued by the | ||||||
25 | Board to a
person or entity to perform an occupation which the |
| |||||||
| |||||||
1 | Board has identified as
requiring a license to engage in | ||||||
2 | riverboat gambling in Illinois.
| ||||||
3 | (c) "Gambling game" includes, but is not limited to, | ||||||
4 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
5 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
6 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
7 | pull tab which is authorized by the Board
as a wagering device | ||||||
8 | under this Act.
| ||||||
9 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
10 | permanently moored barge, or permanently moored barges that are | ||||||
11 | permanently
fixed together to operate as one vessel, on which | ||||||
12 | lawful gambling is
authorized and licensed as
provided in this | ||||||
13 | Act.
| ||||||
14 | "Slot machine" means any mechanical, electrical, or other | ||||||
15 | device, contrivance, or machine that is authorized by the Board | ||||||
16 | as a wagering device under this Act which, upon insertion of a | ||||||
17 | coin, currency, token or similar object therein, or upon | ||||||
18 | payment of any consideration whatsoever, is available to play | ||||||
19 | or operate, the play or operation of which may deliver or | ||||||
20 | entitle the person playing or operating the machine to receive | ||||||
21 | cash, premiums, merchandise, tokens, or anything of value | ||||||
22 | whatsoever, whether the payoff is made automatically from the | ||||||
23 | machine or in any other manner whatsoever. A slot machine: | ||||||
24 | (1) May utilize spinning reels or video displays or | ||||||
25 | both. | ||||||
26 | (2) May or may not dispense coins, tickets or tokens to |
| |||||||
| |||||||
1 | winning patrons. | ||||||
2 | (3) May use an electronic credit system for receiving | ||||||
3 | wagers and making payouts. | ||||||
4 | "Slot machine" does not include table games, including, but | ||||||
5 | not limited to, roulette wheel, craps, baccarat, blackjack, | ||||||
6 | poker, craps, twenty-one, or other similar table games that are | ||||||
7 | authorized by the Board as a wagering device under this 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 | ||||||
16 | cards 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).
| ||||||
23 | (k) "Gambling operation" means the conduct of authorized | ||||||
24 | gambling games authorized under this Act
upon a riverboat or in | ||||||
25 | a casino or authorized under this Act and the Illinois Horse | ||||||
26 | Racing Act of 1975 at an electronic gaming facility .
|
| |||||||
| |||||||
1 | (l) "License bid" means the lump sum amount of money that | ||||||
2 | an applicant
bids and agrees to pay the State in return for an | ||||||
3 | owners license that is
re-issued on or after July 1, 2003.
| ||||||
4 | "Table game" means baccarat, twenty-one, blackjack, poker, | ||||||
5 | craps, roulette wheel, klondike table, punchboard, faro | ||||||
6 | layout, keno layout, numbers ticket, push card, jar ticket, | ||||||
7 | pull tab, or other similar games that are authorized by the | ||||||
8 | Board as a wagering device under this Act. "Table game" does | ||||||
9 | not include slot machines or video games of chance. | ||||||
10 | (m) The terms "minority person", "female", and "person with | ||||||
11 | a disability" shall have the same meaning
as
defined in
Section | ||||||
12 | 2 of the Business Enterprise for Minorities, Females, and | ||||||
13 | Persons with
Disabilities Act.
| ||||||
14 | "Casino" means a facility at which lawful gambling is | ||||||
15 | authorized as provided in this Act. | ||||||
16 | "Owners license" means a license to conduct riverboat | ||||||
17 | gambling operations, but does not include an electronic gaming | ||||||
18 | license. | ||||||
19 | "Licensed owner" means a person who holds an owners | ||||||
20 | license. | ||||||
21 | "Electronic gaming" means slot machine gambling, video | ||||||
22 | game of chance gambling, or gambling with electronic gambling | ||||||
23 | games as defined in the Illinois Gambling Act or defined by the | ||||||
24 | Board that is conducted at a race track pursuant to an | ||||||
25 | electronic gaming license. | ||||||
26 | "Electronic gaming facility" means the area where the Board |
| |||||||
| |||||||
1 | has authorized electronic gaming at a race track of an | ||||||
2 | organization licensee under the Illinois Horse Racing Act of
| ||||||
3 | 1975 that holds an electronic gaming license. | ||||||
4 | "Electronic gaming license" means a license issued by the | ||||||
5 | Board under Section 7.6 of this Act authorizing electronic | ||||||
6 | gaming at an electronic gaming facility. | ||||||
7 | "Electronic gaming licensee" means an entity that holds an | ||||||
8 | electronic gaming license. | ||||||
9 | "Organization licensee" means an entity authorized by the | ||||||
10 | Illinois Racing Board to conduct pari-mutuel wagering in | ||||||
11 | accordance with the Illinois Horse Racing Act of 1975. With | ||||||
12 | respect only to electronic gaming, "organization licensee" | ||||||
13 | includes the authorization for electronic gaming created under | ||||||
14 | subsection (a) of Section 56 of the Illinois Horse Racing Act | ||||||
15 | of 1975. | ||||||
16 | "Casino operator license" means the license held by the | ||||||
17 | person or entity selected by the Chicago Casino Development | ||||||
18 | Authority to manage and operate a riverboat or casino within | ||||||
19 | the geographic area of the authorized municipality pursuant to | ||||||
20 | this Act and the Chicago Casino Development Authority Act. | ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
| ||||||
22 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
23 | Sec. 5. Gaming Board.
| ||||||
24 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
25 | Board, which shall have the powers and duties specified in
this |
| |||||||
| |||||||
1 | Act, and all other powers necessary and proper to fully and
| ||||||
2 | effectively execute this Act for the purpose of administering, | ||||||
3 | regulating,
and enforcing the system of riverboat and casino | ||||||
4 | gambling and electronic gaming established by this Act. Its
| ||||||
5 | jurisdiction shall extend under this Act to every person, | ||||||
6 | association,
corporation, partnership and trust involved in | ||||||
7 | riverboat and casino gambling
operations and electronic gaming | ||||||
8 | in the State of Illinois.
| ||||||
9 | (2) The Board shall consist of 5 members to be appointed by | ||||||
10 | the Governor
with the advice and consent of the Senate, one of | ||||||
11 | whom shall be designated
by the Governor to be chairperson | ||||||
12 | chairman . Each member shall have a reasonable
knowledge of the | ||||||
13 | practice, procedure and principles of gambling operations.
| ||||||
14 | Each member shall either be a resident of Illinois or shall | ||||||
15 | certify that he or she
will become a resident of Illinois | ||||||
16 | before taking office. | ||||||
17 | The Board must include the following: | ||||||
18 | (A) One member who has received, at a minimum, a | ||||||
19 | bachelor's degree from an accredited school and at least 10 | ||||||
20 | years of verifiable training and experience in the fields | ||||||
21 | of investigation and law enforcement. | ||||||
22 | (B) One member who is a certified public accountant | ||||||
23 | with experience in auditing and with knowledge of complex | ||||||
24 | corporate structures and transactions. | ||||||
25 | (C) One member who has 5 years' experience as a | ||||||
26 | principal, senior officer, or director of a company or |
| |||||||
| |||||||
1 | business with either material responsibility for the daily | ||||||
2 | operations and management of the overall company or | ||||||
3 | business or material responsibility for the policy making | ||||||
4 | of the company or business. | ||||||
5 | (D) One member who is a lawyer licensed to practice law | ||||||
6 | in Illinois. | ||||||
7 | No more than 3 members of the Board may be from the same | ||||||
8 | political party. The Board should reflect the ethnic, cultural, | ||||||
9 | and geographic diversity of the State. No Board member shall, | ||||||
10 | within a period of one year immediately preceding nomination, | ||||||
11 | have been employed or received compensation or fees for | ||||||
12 | services from a person or entity, or its parent or affiliate, | ||||||
13 | that has engaged in business with the Board, a licensee, or a | ||||||
14 | licensee under the Horse Racing Act of 1975. Board members must | ||||||
15 | publicly disclose all prior affiliations with gaming | ||||||
16 | interests, including any compensation, fees, bonuses, | ||||||
17 | salaries, and other reimbursement received from a person or | ||||||
18 | entity, or its parent or affiliate, that has engaged in | ||||||
19 | business with the Board, a licensee, or a licensee under the | ||||||
20 | Illinois Horse Racing Act of 1975. This disclosure must be made | ||||||
21 | within 30 days after nomination but prior to confirmation by | ||||||
22 | the Senate and must be made available to the members of the | ||||||
23 | Senate. At least one member
shall be experienced in law | ||||||
24 | enforcement and criminal investigation, at
least one member | ||||||
25 | shall be a certified public accountant experienced in
| ||||||
26 | accounting and auditing, and at least one member shall be a |
| |||||||
| |||||||
1 | lawyer licensed
to practice law in Illinois.
| ||||||
2 | (3) The terms of office of the Board members shall be 3 | ||||||
3 | years, except
that the terms of office of the initial Board | ||||||
4 | members appointed pursuant to
this Act will commence from the | ||||||
5 | effective date of this Act and run as
follows: one for a term | ||||||
6 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
7 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
8 | foregoing terms, the successors of such members shall serve a | ||||||
9 | term for 3
years and until their successors are appointed and | ||||||
10 | qualified for like terms.
Vacancies in the Board shall be | ||||||
11 | filled for the unexpired term in like
manner as original | ||||||
12 | appointments. Each member of the Board shall be
eligible for | ||||||
13 | reappointment at the discretion of the Governor with the
advice | ||||||
14 | and consent of the Senate.
| ||||||
15 | (4) Each member of the Board shall receive $300 for each | ||||||
16 | day the
Board meets and for each day the member conducts any | ||||||
17 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
18 | also be reimbursed for all actual
and necessary expenses and | ||||||
19 | disbursements incurred in the execution of official
duties.
| ||||||
20 | (5) No person shall be appointed a member of the Board or | ||||||
21 | continue to be
a member of the Board who is, or whose spouse, | ||||||
22 | child or parent is, a member
of the board of directors of, or a | ||||||
23 | person financially interested in, any
gambling operation | ||||||
24 | subject to the jurisdiction of this Board, or any race
track, | ||||||
25 | race meeting, racing association or the operations thereof | ||||||
26 | subject
to the jurisdiction of the Illinois Racing Board. No |
| |||||||
| |||||||
1 | Board member shall
hold any other public office. No person | ||||||
2 | shall be a
member of the Board who is not of good moral | ||||||
3 | character or who has been
convicted of, or is under indictment | ||||||
4 | for, a felony under the laws of
Illinois or any other state, or | ||||||
5 | the United States.
| ||||||
6 | (5.5) No member of the Board shall engage in any political | ||||||
7 | activity. For the purposes of this Section, "political" means | ||||||
8 | any activity in support
of or in connection with any campaign | ||||||
9 | for federal, State, or local elective office or any political
| ||||||
10 | organization, but does not include activities (i) relating to | ||||||
11 | the support or
opposition of any executive, legislative, or | ||||||
12 | administrative action (as those
terms are defined in Section 2 | ||||||
13 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
14 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
15 | person's official
State duties or governmental and public | ||||||
16 | service functions.
| ||||||
17 | (6) Any member of the Board may be removed by the Governor | ||||||
18 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
19 | in office or for engaging in any political activity.
| ||||||
20 | (7) Before entering upon the discharge of the duties of his | ||||||
21 | office, each
member of the Board shall take an oath that he | ||||||
22 | will faithfully execute the
duties of his office according to | ||||||
23 | the laws of the State and the rules and
regulations adopted | ||||||
24 | therewith and shall give bond to the State of Illinois,
| ||||||
25 | approved by the Governor, in the sum of $25,000. Every such | ||||||
26 | bond, when
duly executed and approved, shall be recorded in the |
| |||||||
| |||||||
1 | office of the
Secretary of State. Whenever the Governor | ||||||
2 | determines that the bond of any
member of the Board has become | ||||||
3 | or is likely to become invalid or
insufficient, he shall | ||||||
4 | require such member forthwith to renew his bond,
which is to be | ||||||
5 | approved by the Governor. Any member of the Board who fails
to | ||||||
6 | take oath and give bond within 30 days from the date of his | ||||||
7 | appointment,
or who fails to renew his bond within 30 days | ||||||
8 | after it is demanded by the
Governor, shall be guilty of | ||||||
9 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
10 | any bond given by any member of the Board under this
Section | ||||||
11 | shall be taken to be a part of the necessary expenses of the | ||||||
12 | Board.
| ||||||
13 | (8) The Board shall employ such
personnel as may be | ||||||
14 | necessary to carry out its functions and shall determine the | ||||||
15 | salaries of all personnel, except those personnel whose | ||||||
16 | salaries are determined under the terms of a collective | ||||||
17 | bargaining agreement. No
person shall be employed to serve the | ||||||
18 | Board who is, or whose spouse, parent
or child is, an official | ||||||
19 | of, or has a financial interest in or financial
relation with, | ||||||
20 | any operator engaged in gambling operations within this
State | ||||||
21 | or any organization engaged in conducting horse racing within | ||||||
22 | this
State. For the one year immediately preceding employment, | ||||||
23 | an employee shall not have been employed or received | ||||||
24 | compensation or fees for services from a person or entity, or | ||||||
25 | its parent or affiliate, that has engaged in business with the | ||||||
26 | Board, a licensee, or a licensee under the Illinois Horse |
| |||||||
| |||||||
1 | Racing Act of 1975. Any employee violating these prohibitions | ||||||
2 | shall be subject to
termination of employment. In addition, no | ||||||
3 | employee shall for one year after separation from the Board be | ||||||
4 | employed or receive compensation or fees from the | ||||||
5 | before-mentioned persons or entities.
| ||||||
6 | (9) An Administrator shall be appointed by the Governor | ||||||
7 | with the advice and consent of the Senate. An Administrator | ||||||
8 | shall perform any and all duties that the Board
shall assign | ||||||
9 | him. The salary of the Administrator shall be determined by
the | ||||||
10 | Board and, in addition,
he shall be reimbursed for all actual | ||||||
11 | and necessary expenses incurred by
him in discharge of his | ||||||
12 | official duties. The Administrator shall keep
records of all | ||||||
13 | proceedings of the Board and shall preserve all records,
books, | ||||||
14 | documents and other papers belonging to the Board or entrusted | ||||||
15 | to
its care. The Administrator shall devote his full time to | ||||||
16 | the duties of
the office and shall not hold any other office or | ||||||
17 | employment. In addition to other prescribed duties, the | ||||||
18 | Administrator shall establish a system by which personnel | ||||||
19 | assisting the Board regarding the issuance of owner's licenses, | ||||||
20 | whether it be relocation, re-issuance, or the initial issuance, | ||||||
21 | shall be assigned specific duties in each instance, thereby | ||||||
22 | preventing a conflict of interest in regards to the | ||||||
23 | decision-making process. A conflict of interest exists if a | ||||||
24 | situation influences or creates the appearance that it may | ||||||
25 | influence judgment or performance of duties or | ||||||
26 | responsibilities.
|
| |||||||
| |||||||
1 | (b) The Board shall have general responsibility for the | ||||||
2 | implementation
of this Act. Its duties include, without | ||||||
3 | limitation, the following:
| ||||||
4 | (1) To decide promptly and in reasonable order all | ||||||
5 | license applications.
Any party aggrieved by an action of | ||||||
6 | the Board denying, suspending,
revoking, restricting or | ||||||
7 | refusing to renew a license may request a hearing
before | ||||||
8 | the Board. A request for a hearing must be made to the | ||||||
9 | Board in
writing within 5 days after service of notice of | ||||||
10 | the action of the Board.
Notice of the action of the Board | ||||||
11 | shall be served either by personal
delivery or by certified | ||||||
12 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
13 | served by certified mail shall be deemed complete on the | ||||||
14 | business
day following the date of such mailing. The Board | ||||||
15 | shall conduct all
requested hearings promptly and in | ||||||
16 | reasonable order;
| ||||||
17 | (2) To conduct all hearings pertaining to civil | ||||||
18 | violations of this Act
or rules and regulations promulgated | ||||||
19 | hereunder;
| ||||||
20 | (3) To promulgate such rules and regulations as in its | ||||||
21 | judgment may be
necessary to protect or enhance the | ||||||
22 | credibility and integrity of gambling
operations | ||||||
23 | authorized by this Act and the regulatory process | ||||||
24 | hereunder;
| ||||||
25 | (4) To provide for the establishment and collection of | ||||||
26 | all license and
registration fees and taxes imposed by this |
| |||||||
| |||||||
1 | Act and the rules and
regulations issued pursuant hereto. | ||||||
2 | All such fees and taxes shall be
deposited into the State | ||||||
3 | Gaming Fund;
| ||||||
4 | (5) To provide for the levy and collection of penalties | ||||||
5 | and fines for the
violation of provisions of this Act and | ||||||
6 | the rules and regulations
promulgated hereunder. All such | ||||||
7 | fines and penalties shall be deposited
into the Education | ||||||
8 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
9 | State of Illinois;
| ||||||
10 | (6) To be present through its inspectors and agents any | ||||||
11 | time gambling
operations are conducted on any riverboat , in | ||||||
12 | any casino, or at any electronic gaming
facility for the | ||||||
13 | purpose of certifying the
revenue thereof, receiving | ||||||
14 | complaints from the public, and conducting such
other | ||||||
15 | investigations into the conduct of the gambling games and | ||||||
16 | the
maintenance of the equipment as from time to time the | ||||||
17 | Board may deem
necessary and proper;
| ||||||
18 | (7) To review and rule upon any complaint by a licensee
| ||||||
19 | regarding any investigative procedures of the State which | ||||||
20 | are unnecessarily
disruptive of gambling operations. The | ||||||
21 | need to inspect and investigate
shall be presumed at all | ||||||
22 | times. The disruption of a licensee's operations
shall be | ||||||
23 | proved by clear and convincing evidence, and establish | ||||||
24 | that: (A)
the procedures had no reasonable law enforcement | ||||||
25 | purposes, and (B) the
procedures were so disruptive as to | ||||||
26 | unreasonably inhibit gambling operations;
|
| |||||||
| |||||||
1 | (8) To hold at least one meeting each quarter of the | ||||||
2 | fiscal
year. In addition, special meetings may be called by | ||||||
3 | the Chairman or any 2
Board members upon 72 hours written | ||||||
4 | notice to each member. All Board
meetings shall be subject | ||||||
5 | to the Open Meetings Act. Three members of the
Board shall | ||||||
6 | constitute a quorum, and 3 votes shall be required for any
| ||||||
7 | final determination by the Board. The Board shall keep a | ||||||
8 | complete and
accurate record of all its meetings. A | ||||||
9 | majority of the members of the Board
shall constitute a | ||||||
10 | quorum for the transaction of any business, for the
| ||||||
11 | performance of any duty, or for the exercise of any power | ||||||
12 | which this Act
requires the Board members to transact, | ||||||
13 | perform or exercise en banc, except
that, upon order of the | ||||||
14 | Board, one of the Board members or an
administrative law | ||||||
15 | judge designated by the Board may conduct any hearing
| ||||||
16 | provided for under this Act or by Board rule and may | ||||||
17 | recommend findings and
decisions to the Board. The Board | ||||||
18 | member or administrative law judge
conducting such hearing | ||||||
19 | shall have all powers and rights granted to the
Board in | ||||||
20 | this Act. The record made at the time of the hearing shall | ||||||
21 | be
reviewed by the Board, or a majority thereof, and the | ||||||
22 | findings and decision
of the majority of the Board shall | ||||||
23 | constitute the order of the Board in
such case;
| ||||||
24 | (9) To maintain records which are separate and distinct | ||||||
25 | from the records
of any other State board or commission. | ||||||
26 | Such records shall be available
for public inspection and |
| |||||||
| |||||||
1 | shall accurately reflect all Board proceedings;
| ||||||
2 | (10) To file a written annual report with the Governor | ||||||
3 | on or before
March 1 each year and such additional reports | ||||||
4 | as the Governor may request.
The annual report shall | ||||||
5 | include a statement of receipts and disbursements
by the | ||||||
6 | Board, actions taken by the Board, and any additional | ||||||
7 | information
and recommendations which the Board may deem | ||||||
8 | valuable or which the Governor
may request;
| ||||||
9 | (11) (Blank);
| ||||||
10 | (12) (Blank);
| ||||||
11 | (13) To assume responsibility for administration and | ||||||
12 | enforcement of the
Video Gaming Act; and | ||||||
13 | (13.5) To assume responsibility for the administration | ||||||
14 | and enforcement
of operations at electronic gaming | ||||||
15 | facilities pursuant to this Act and the
Illinois Horse | ||||||
16 | Racing Act of 1975; and | ||||||
17 | (14) To adopt, by rule, a code of conduct governing | ||||||
18 | Board members and employees that ensure, to the maximum | ||||||
19 | extent possible, that persons subject to this Code avoid | ||||||
20 | situations, relationships, or associations that may | ||||||
21 | represent or lead to a conflict of interest.
| ||||||
22 | Any action by the Board or staff of the Board, including, | ||||||
23 | but not limited to, denying a renewal, approving procedures | ||||||
24 | (including internal controls), levying a fine or penalty, | ||||||
25 | promotions, or other activities by an applicant for licensure | ||||||
26 | or a licensee, may at the discretion of the applicant or |
| |||||||
| |||||||
1 | licensee be appealed to an administrative law judge in | ||||||
2 | accordance with subsection (b) of Section 17.1. | ||||||
3 | Internal controls and changes submitted by licensees must | ||||||
4 | be reviewed and either approved or denied with cause within 60 | ||||||
5 | days after receipt by the Illinois Gaming Board. In the event | ||||||
6 | an internal control submission or change does not meet the | ||||||
7 | standards set by the Board, staff of the Board must provide | ||||||
8 | technical assistance to the licensee to rectify such | ||||||
9 | deficiencies within 60 days after the initial submission and | ||||||
10 | the revised submission must be reviewed and approved or denied | ||||||
11 | with cause within 60 days. For the purposes of this paragraph, | ||||||
12 | "with cause" means that the approval of the submission would | ||||||
13 | jeopardize the integrity of gaming. In the event the Board | ||||||
14 | staff has not acted within the timeframe, the submission shall | ||||||
15 | be deemed approved. | ||||||
16 | (c) The Board shall have jurisdiction over and shall | ||||||
17 | supervise all
gambling operations governed by this Act. The | ||||||
18 | Board shall have all powers
necessary and proper to fully and | ||||||
19 | effectively execute the provisions of
this Act, including, but | ||||||
20 | not limited to, the following:
| ||||||
21 | (1) To investigate applicants and determine the | ||||||
22 | eligibility of
applicants for licenses and to select among | ||||||
23 | competing applicants the
applicants which best serve the | ||||||
24 | interests of the citizens of Illinois.
| ||||||
25 | (2) To have jurisdiction and supervision over all | ||||||
26 | riverboat gambling
operations authorized under this Act in |
| |||||||
| |||||||
1 | this State and all persons in places on riverboats where | ||||||
2 | gambling
operations are conducted.
| ||||||
3 | (3) To promulgate rules and regulations for the purpose | ||||||
4 | of administering
the provisions of this Act and to | ||||||
5 | prescribe rules, regulations and
conditions under which | ||||||
6 | all riverboat gambling operations subject to this
Act in | ||||||
7 | the State shall be
conducted. Such rules and regulations | ||||||
8 | are to provide for the prevention of
practices detrimental | ||||||
9 | to the public interest and for the best interests of
| ||||||
10 | riverboat gambling, including rules and regulations | ||||||
11 | regarding the
inspection of electronic gaming facilities, | ||||||
12 | casinos, and such riverboats and the review of any permits | ||||||
13 | or licenses
necessary to operate a riverboat , casino, or | ||||||
14 | electronic gaming facilities under any laws or regulations | ||||||
15 | applicable
to riverboats, casinos, or electronic gaming | ||||||
16 | facilities and to impose penalties for violations thereof.
| ||||||
17 | (4) To enter the office, riverboats, casinos, | ||||||
18 | electronic gaming facilities, and
other facilities, or | ||||||
19 | other
places of business of a licensee, where evidence of | ||||||
20 | the compliance or
noncompliance with the provisions of this | ||||||
21 | Act is likely to be found.
| ||||||
22 | (5) To investigate alleged violations of this Act or | ||||||
23 | the
rules of the Board and to take appropriate disciplinary
| ||||||
24 | action against a licensee or a holder of an occupational | ||||||
25 | license for a
violation, or institute appropriate legal | ||||||
26 | action for enforcement, or both.
|
| |||||||
| |||||||
1 | (6) To adopt standards for the licensing of all persons | ||||||
2 | under this Act,
as well as for electronic or mechanical | ||||||
3 | gambling games, and to establish
fees for such licenses.
| ||||||
4 | (7) To adopt appropriate standards for all electronic | ||||||
5 | gaming facilities, riverboats , casinos,
and other | ||||||
6 | facilities authorized under this Act .
| ||||||
7 | (8) To require that the records, including financial or | ||||||
8 | other statements
of any licensee under this Act, shall be | ||||||
9 | kept in such manner as prescribed
by the Board and that any | ||||||
10 | such licensee involved in the ownership or
management of | ||||||
11 | gambling operations submit to the Board an annual balance
| ||||||
12 | sheet and profit and loss statement, list of the | ||||||
13 | stockholders or other
persons having a 1% or greater | ||||||
14 | beneficial interest in the gambling
activities of each | ||||||
15 | licensee, and any other information the Board deems
| ||||||
16 | necessary in order to effectively administer this Act and | ||||||
17 | all rules,
regulations, orders and final decisions | ||||||
18 | promulgated under this Act.
| ||||||
19 | (9) To conduct hearings, issue subpoenas for the | ||||||
20 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
21 | production of books, records
and other pertinent documents | ||||||
22 | in accordance with the Illinois
Administrative Procedure | ||||||
23 | Act, and to administer oaths and affirmations to
the | ||||||
24 | witnesses, when, in the judgment of the Board, it is | ||||||
25 | necessary to
administer or enforce this Act or the Board | ||||||
26 | rules.
|
| |||||||
| |||||||
1 | (10) To prescribe a form to be used by any licensee | ||||||
2 | involved in the
ownership or management of gambling | ||||||
3 | operations as an
application for employment for their | ||||||
4 | employees.
| ||||||
5 | (11) To revoke or suspend licenses, as the Board may | ||||||
6 | see fit and in
compliance with applicable laws of the State | ||||||
7 | regarding administrative
procedures, and to review | ||||||
8 | applications for the renewal of licenses. The
Board may | ||||||
9 | suspend an owners license , electronic gaming license, or | ||||||
10 | casino operator license , without notice or hearing upon a
| ||||||
11 | determination that the safety or health of patrons or | ||||||
12 | employees is
jeopardized by continuing a gambling | ||||||
13 | operation conducted under that license riverboat's | ||||||
14 | operation . The suspension may
remain in effect until the | ||||||
15 | Board determines that the cause for suspension
has been | ||||||
16 | abated. The Board may revoke the owners license , electronic
| ||||||
17 | gaming
license, or casino operator license upon a
| ||||||
18 | determination that the licensee owner has not made | ||||||
19 | satisfactory progress toward
abating the hazard.
| ||||||
20 | (12) To eject or exclude or authorize the ejection or | ||||||
21 | exclusion of, any
person from riverboat gambling | ||||||
22 | facilities where that such person is in violation
of this | ||||||
23 | Act, rules and regulations thereunder, or final orders of | ||||||
24 | the
Board, or where such person's conduct or reputation is | ||||||
25 | such that his or her
presence within the riverboat gambling | ||||||
26 | facilities may, in the opinion of
the Board, call into |
| |||||||
| |||||||
1 | question the honesty and integrity of the gambling
| ||||||
2 | operations or interfere with the orderly conduct thereof; | ||||||
3 | provided that the
propriety of such ejection or exclusion | ||||||
4 | is subject to subsequent hearing
by the Board.
| ||||||
5 | (13) To require all licensees of gambling operations to | ||||||
6 | utilize a
cashless wagering system whereby all players' | ||||||
7 | money is converted to tokens,
electronic cards, or chips | ||||||
8 | which shall be used only for wagering in the
gambling | ||||||
9 | establishment.
| ||||||
10 | (14) (Blank).
| ||||||
11 | (15) To suspend, revoke or restrict licenses, to | ||||||
12 | require the
removal of a licensee or an employee of a | ||||||
13 | licensee for a violation of this
Act or a Board rule or for | ||||||
14 | engaging in a fraudulent practice, and to
impose civil | ||||||
15 | penalties of up to $5,000 against individuals and up to
| ||||||
16 | $10,000 or an amount equal to the daily gross receipts, | ||||||
17 | whichever is
larger, against licensees for each violation | ||||||
18 | of any provision of the Act,
any rules adopted by the | ||||||
19 | Board, any order of the Board or any other action
which, in | ||||||
20 | the Board's discretion, is a detriment or impediment to | ||||||
21 | riverboat
gambling operations.
| ||||||
22 | (16) To hire employees to gather information, conduct | ||||||
23 | investigations
and carry out any other tasks contemplated | ||||||
24 | under this Act.
| ||||||
25 | (17) To establish minimum levels of insurance to be | ||||||
26 | maintained by
licensees.
|
| |||||||
| |||||||
1 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
2 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
3 | of 1934 on board a riverboat or in a casino
and to have | ||||||
4 | exclusive authority to establish the hours for sale and
| ||||||
5 | consumption of alcoholic liquor on board a riverboat or in | ||||||
6 | a casino , notwithstanding any
provision of the Liquor | ||||||
7 | Control Act of 1934 or any local ordinance, and
regardless | ||||||
8 | of whether the riverboat makes excursions. The
| ||||||
9 | establishment of the hours for sale and consumption of | ||||||
10 | alcoholic liquor on
board a riverboat or in a casino is an | ||||||
11 | exclusive power and function of the State. A home
rule unit | ||||||
12 | may not establish the hours for sale and consumption of | ||||||
13 | alcoholic
liquor on board a riverboat or in a casino . This | ||||||
14 | subdivision (18) amendatory Act of 1991 is a denial and
| ||||||
15 | limitation of home rule powers and functions under | ||||||
16 | subsection (h) of
Section 6 of Article VII of the Illinois | ||||||
17 | Constitution.
| ||||||
18 | (19) After consultation with the U.S. Army Corps of | ||||||
19 | Engineers, to
establish binding emergency orders upon the | ||||||
20 | concurrence of a majority of
the members of the Board | ||||||
21 | regarding the navigability of water, relative to
| ||||||
22 | excursions,
in the event
of extreme weather conditions, | ||||||
23 | acts of God or other extreme circumstances.
| ||||||
24 | (20) To delegate the execution of any of its powers | ||||||
25 | under this Act for
the purpose of administering and | ||||||
26 | enforcing this Act and its rules and
regulations hereunder.
|
| |||||||
| |||||||
1 | (20.5) To approve any contract entered into on its | ||||||
2 | behalf.
| ||||||
3 | (20.6) To appoint investigators to conduct | ||||||
4 | investigations, searches, seizures, arrests, and other | ||||||
5 | duties imposed under this Act, as deemed necessary by the | ||||||
6 | Board. These investigators have and may exercise all of the | ||||||
7 | rights and powers of peace officers, provided that these | ||||||
8 | powers shall be limited to offenses or violations occurring | ||||||
9 | or committed on a riverboat or dock, as defined in | ||||||
10 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
11 | provided by this Act or any other law. | ||||||
12 | (20.7) To contract with the Department of State Police | ||||||
13 | for the use of trained and qualified State police officers | ||||||
14 | and with the Department of Revenue for the use of trained | ||||||
15 | and qualified Department of Revenue investigators to | ||||||
16 | conduct investigations, searches, seizures, arrests, and | ||||||
17 | other duties imposed under this Act and to exercise all of | ||||||
18 | the rights and powers of peace officers, provided that the | ||||||
19 | powers of Department of Revenue investigators under this | ||||||
20 | subdivision (20.7) shall be limited to offenses or | ||||||
21 | violations occurring or committed on a riverboat or dock, | ||||||
22 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
23 | otherwise provided by this Act or any other law. In the | ||||||
24 | event the Department of State Police or the Department of | ||||||
25 | Revenue is unable to fill contracted police or | ||||||
26 | investigative positions, the Board may appoint |
| |||||||
| |||||||
1 | investigators to fill those positions pursuant to | ||||||
2 | subdivision (20.6).
| ||||||
3 | (21) To make rules concerning the conduct of electronic | ||||||
4 | gaming.
| ||||||
5 | (22) (21) To take any other action as may be reasonable | ||||||
6 | or appropriate to
enforce this Act and rules and | ||||||
7 | regulations hereunder.
| ||||||
8 | (d) The Board may seek and shall receive the cooperation of | ||||||
9 | the
Department of State Police in conducting background | ||||||
10 | investigations of
applicants and in fulfilling its | ||||||
11 | responsibilities under
this Section. Costs incurred by the | ||||||
12 | Department of State Police as
a result of such cooperation | ||||||
13 | shall be paid by the Board in conformance
with the requirements | ||||||
14 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
15 | ILCS 2605/2605-400).
| ||||||
16 | (e) The Board must authorize to each investigator and to | ||||||
17 | any other
employee of the Board exercising the powers of a | ||||||
18 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
19 | states that the badge is authorized by the Board
and
(ii) | ||||||
20 | contains a unique identifying number. No other badge shall be | ||||||
21 | authorized
by the Board.
| ||||||
22 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
23 | 96-1000, eff. 7-2-10; 96-1392, eff. 1-1-11.)
| ||||||
24 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
25 | Sec. 5.1. Disclosure of records.
|
| |||||||
| |||||||
1 | (a) Notwithstanding any applicable statutory provision to | ||||||
2 | the contrary,
the Board shall, on written request from any | ||||||
3 | person, provide
information furnished by an applicant or | ||||||
4 | licensee concerning the applicant
or licensee, his products, | ||||||
5 | services or gambling enterprises and his
business holdings, as | ||||||
6 | follows:
| ||||||
7 | (1) The name, business address and business telephone | ||||||
8 | number of any
applicant or licensee.
| ||||||
9 | (2) An identification of any applicant or licensee | ||||||
10 | including, if an
applicant or licensee is not an | ||||||
11 | individual, the state of incorporation or
registration, | ||||||
12 | the corporate officers, and the identity of all | ||||||
13 | shareholders
or participants. If an applicant or licensee | ||||||
14 | has a pending registration
statement filed with the | ||||||
15 | Securities and Exchange Commission, only the names
of those | ||||||
16 | persons or entities holding interest of 5% or more must be | ||||||
17 | provided.
| ||||||
18 | (3) An identification of any business, including, if | ||||||
19 | applicable, the
state of incorporation or registration, in | ||||||
20 | which an applicant or licensee
or an applicant's or | ||||||
21 | licensee's spouse or children has an equity interest
of | ||||||
22 | more than 1%. If an applicant or licensee is a corporation, | ||||||
23 | partnership
or other business entity, the applicant or | ||||||
24 | licensee shall identify any
other corporation, partnership | ||||||
25 | or business entity in which it has an equity
interest of 1%
| ||||||
26 | or more, including, if applicable, the state of
|
| |||||||
| |||||||
1 | incorporation or registration. This information need not | ||||||
2 | be provided by a
corporation, partnership or other business | ||||||
3 | entity that has a pending
registration statement filed with | ||||||
4 | the Securities and Exchange Commission.
| ||||||
5 | (4) Whether an applicant or licensee has been indicted, | ||||||
6 | convicted,
pleaded guilty or nolo contendere, or forfeited | ||||||
7 | bail concerning any
criminal offense under the laws of any | ||||||
8 | jurisdiction, either felony or
misdemeanor (except for | ||||||
9 | traffic violations), including the date, the name
and | ||||||
10 | location of the court, arresting agency and prosecuting | ||||||
11 | agency, the
case number, the offense, the disposition and | ||||||
12 | the location and length of
incarceration.
| ||||||
13 | (5) Whether an applicant or licensee has had any | ||||||
14 | license or
certificate issued by a licensing authority in | ||||||
15 | Illinois or any other
jurisdiction denied, restricted, | ||||||
16 | suspended, revoked or not renewed and a
statement | ||||||
17 | describing the facts and circumstances concerning the | ||||||
18 | denial,
restriction, suspension, revocation or | ||||||
19 | non-renewal, including the licensing
authority, the date | ||||||
20 | each such action was taken, and the reason for each
such | ||||||
21 | action.
| ||||||
22 | (6) Whether an applicant or licensee has ever filed or | ||||||
23 | had filed against
it a proceeding in bankruptcy or has ever | ||||||
24 | been involved in any formal
process to adjust, defer, | ||||||
25 | suspend or otherwise work out the payment of any
debt | ||||||
26 | including the date of filing, the name and location of the |
| |||||||
| |||||||
1 | court, the
case and number of the disposition.
| ||||||
2 | (7) Whether an applicant or licensee has filed, or been | ||||||
3 | served with a
complaint or other notice filed with any | ||||||
4 | public body, regarding the
delinquency in the payment of, | ||||||
5 | or a dispute over the filings concerning the
payment of, | ||||||
6 | any tax required under federal, State or local law, | ||||||
7 | including
the amount, type of tax, the taxing agency and | ||||||
8 | time periods involved.
| ||||||
9 | (8) A statement listing the names and titles of all | ||||||
10 | public officials
or officers of any unit of government, and | ||||||
11 | relatives of said
public officials or officers who, | ||||||
12 | directly or indirectly, own
any financial interest in, have | ||||||
13 | any beneficial interest in, are the
creditors of or hold | ||||||
14 | any debt instrument issued by, or hold or have any
interest | ||||||
15 | in any contractual or service relationship with, an | ||||||
16 | applicant
or licensee.
| ||||||
17 | (9) Whether an applicant or licensee has made, directly | ||||||
18 | or indirectly,
any political contribution, or any loans, | ||||||
19 | donations or other payments, to
any candidate or office | ||||||
20 | holder, within 5 years from the date of filing the
| ||||||
21 | application, including the amount and the method of | ||||||
22 | payment.
| ||||||
23 | (10) The name and business telephone number of the | ||||||
24 | counsel
representing an applicant or licensee in matters | ||||||
25 | before the Board.
| ||||||
26 | (11) A description of any proposed or approved |
| |||||||
| |||||||
1 | riverboat or casino
gaming or electronic gaming operation, | ||||||
2 | including the type of boat, home dock or casino or | ||||||
3 | electronic gaming location, expected
economic benefit to | ||||||
4 | the community, anticipated or actual number of
employees, | ||||||
5 | any statement from an applicant or licensee regarding | ||||||
6 | compliance
with federal and State affirmative action | ||||||
7 | guidelines, projected or actual
admissions and projected | ||||||
8 | or actual adjusted gross gaming receipts.
| ||||||
9 | (12) A description of the product or service to be | ||||||
10 | supplied by an
applicant for a supplier's license.
| ||||||
11 | (b) Notwithstanding any applicable statutory provision to | ||||||
12 | the contrary,
the Board shall, on written request from any | ||||||
13 | person, also provide
the following information:
| ||||||
14 | (1) The amount of the wagering tax and admission tax | ||||||
15 | paid daily to the
State of Illinois by the holder of an | ||||||
16 | owner's license.
| ||||||
17 | (2) Whenever the Board finds an applicant for an | ||||||
18 | owner's license
unsuitable for licensing, a copy of the | ||||||
19 | written letter outlining the
reasons for the denial.
| ||||||
20 | (3) Whenever the Board has refused to grant leave for | ||||||
21 | an applicant to
withdraw his application, a copy of the | ||||||
22 | letter outlining the reasons for
the refusal.
| ||||||
23 | (c) Subject to the above provisions, the Board shall not | ||||||
24 | disclose any
information which would be barred by:
| ||||||
25 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
26 | (2) The statutes, rules, regulations or |
| |||||||
| |||||||
1 | intergovernmental agreements
of any jurisdiction.
| ||||||
2 | (d) The Board may assess fees for the copying of | ||||||
3 | information in
accordance with Section 6 of the Freedom of | ||||||
4 | Information Act.
| ||||||
5 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
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 | if applicable, and the exact location where such riverboat or | ||||||
15 | casino or electronic gaming operation will be located docked , a
| ||||||
16 | certification that the riverboat will be registered under this | ||||||
17 | Act at all
times during which gambling operations are conducted | ||||||
18 | on board, detailed
information regarding the ownership and | ||||||
19 | management of the applicant, and
detailed personal information | ||||||
20 | regarding the applicant. Any application for an
owners license | ||||||
21 | to be re-issued on or after June 1, 2003 shall also
include the | ||||||
22 | applicant's license bid in a form prescribed by the Board.
| ||||||
23 | Information
provided on the application shall be used as a | ||||||
24 | basis for a thorough
background investigation which the Board | ||||||
25 | shall conduct with respect to each
applicant. An incomplete |
| |||||||
| |||||||
1 | application shall be cause for denial of a license
by the | ||||||
2 | Board.
| ||||||
3 | (a-5) In addition to any other information required under | ||||||
4 | this Section, each application for an owners license must | ||||||
5 | include the following information: | ||||||
6 | (1) The history and success of the applicant and each | ||||||
7 | person and entity disclosed under subsection (c) of this | ||||||
8 | Section in developing tourism facilities ancillary to | ||||||
9 | gaming, if applicable. | ||||||
10 | (2) The likelihood that granting a license to the | ||||||
11 | applicant will lead to the creation of quality, living wage | ||||||
12 | jobs and permanent, full-time jobs for residents of the | ||||||
13 | State and residents of the unit of local government that is | ||||||
14 | designated as the home dock of the proposed facility where | ||||||
15 | gambling is to be conducted by the applicant. | ||||||
16 | (3) The projected number of jobs that would be created | ||||||
17 | if the license is granted and the projected number of new | ||||||
18 | employees at the proposed facility where gambling is to be | ||||||
19 | conducted by the applicant. | ||||||
20 | (4) The record of the applicant and its developer in | ||||||
21 | meeting commitments to local agencies, community-based | ||||||
22 | organizations, and employees at other locations where the | ||||||
23 | applicant or its developer has performed similar functions | ||||||
24 | as they would perform if the applicant were granted a | ||||||
25 | license. | ||||||
26 | (5) Identification of adverse effects that might be |
| |||||||
| |||||||
1 | caused by the proposed facility where gambling is to be | ||||||
2 | conducted by the applicant, including the costs of meeting | ||||||
3 | increased demand for public health care, child care, public | ||||||
4 | transportation, affordable housing, and social services, | ||||||
5 | and a plan to mitigate those adverse effects. | ||||||
6 | (6) The record of the applicant and its developer | ||||||
7 | regarding compliance with: | ||||||
8 | (A) federal, state, and local discrimination, wage | ||||||
9 | and hour, disability, and occupational and | ||||||
10 | environmental health and safety laws; and | ||||||
11 | (B) state and local labor relations and employment | ||||||
12 | laws. | ||||||
13 | (7) The applicant's record in dealing with its | ||||||
14 | employees and their representatives at other locations. | ||||||
15 | (8) A plan concerning the utilization of minority | ||||||
16 | person-owned and female-owned businesses and concerning | ||||||
17 | the hiring of minorities and females. | ||||||
18 | (b) Applicants shall submit with their application all | ||||||
19 | documents,
resolutions, and letters of support from the | ||||||
20 | governing body that represents
the municipality or county | ||||||
21 | wherein the licensee will be located dock .
| ||||||
22 | (c) Each applicant shall disclose the identity of every | ||||||
23 | person,
association, trust or corporation having a greater than | ||||||
24 | 1% direct or
indirect pecuniary interest in the riverboat | ||||||
25 | gambling operation with
respect to which the license is sought. | ||||||
26 | If the disclosed entity is a
trust, the application shall |
| |||||||
| |||||||
1 | disclose the names and addresses of the
beneficiaries; if a | ||||||
2 | corporation, the names and
addresses of all stockholders and | ||||||
3 | directors; if a partnership, the names
and addresses of all | ||||||
4 | partners, both general and limited.
| ||||||
5 | (d) An application shall be filed and considered in | ||||||
6 | accordance with the rules of the Board. An
application fee of | ||||||
7 | $50,000 shall be paid at the time of filing
to defray the costs | ||||||
8 | associated with the
background investigation conducted by the | ||||||
9 | Board. If the costs of the
investigation exceed $50,000, the | ||||||
10 | applicant shall pay the additional amount
to the Board. If the | ||||||
11 | costs of the investigation are less than $50,000, the
applicant | ||||||
12 | shall receive a refund of the remaining amount. All
| ||||||
13 | information, records, interviews, reports, statements, | ||||||
14 | memoranda or other
data supplied to or used by the Board in the | ||||||
15 | course of its review or
investigation of an application for a | ||||||
16 | license or a renewal under this Act shall be
privileged, | ||||||
17 | strictly confidential and shall be used only for the purpose of
| ||||||
18 | evaluating an applicant for a license or a renewal. Such | ||||||
19 | information, records, interviews, reports,
statements, | ||||||
20 | memoranda or other data shall not be admissible as evidence,
| ||||||
21 | nor discoverable in any action of any kind in any court or | ||||||
22 | before any
tribunal, board, agency or person, except for any | ||||||
23 | action deemed necessary
by the Board.
| ||||||
24 | (e) The Board shall charge each applicant a fee set by the | ||||||
25 | Department of
State Police to defray the costs associated with | ||||||
26 | the search and
classification of fingerprints obtained by the |
| |||||||
| |||||||
1 | Board with respect to the
applicant's application. These fees | ||||||
2 | shall be paid into the State Police
Services Fund.
| ||||||
3 | (f) The licensed owner shall be the person primarily | ||||||
4 | responsible for the
boat or casino or electronic gaming | ||||||
5 | operation itself. Only one riverboat gambling operation may be | ||||||
6 | authorized
by the Board on any riverboat or in any casino or | ||||||
7 | electronic gaming operation . The applicant must identify the | ||||||
8 | each riverboat or premises
it intends to use and certify that | ||||||
9 | the riverboat or premises : (1) has the authorized
capacity | ||||||
10 | required in this Act; (2) is accessible to disabled persons; | ||||||
11 | and
(3) is fully registered and licensed in accordance
with any | ||||||
12 | applicable laws.
| ||||||
13 | (g) A person who knowingly makes a false statement on an | ||||||
14 | application is
guilty of a Class A misdemeanor.
| ||||||
15 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
16 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
17 | Sec. 7. Owners Licenses.
| ||||||
18 | (a) The Board shall issue owners licenses to persons, firms | ||||||
19 | or
corporations which apply for such licenses upon payment to | ||||||
20 | the Board of the
non-refundable license fee set by the Board, | ||||||
21 | upon payment of a $25,000
license fee for the first year of | ||||||
22 | operation and a $5,000 license fee for
each succeeding year and | ||||||
23 | upon a determination by the Board that the
applicant is | ||||||
24 | eligible for an owners license pursuant to this Act and the
| ||||||
25 | rules of the Board. From the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
2 | effective date of this amendatory Act of the 95th General | ||||||
3 | Assembly, (ii) the date any organization licensee begins to | ||||||
4 | operate a slot machine or video game of chance under the | ||||||
5 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
6 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
7 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
8 | Act is increased by law to reflect a tax rate that is at least | ||||||
9 | as stringent or more stringent than the tax rate contained in | ||||||
10 | subsection (a-3) of Section 13 , or (v) when the first | ||||||
11 | electronic gaming licensee begins conducting electronic gaming | ||||||
12 | operations , whichever occurs first, as a condition of licensure | ||||||
13 | and as an alternative source of payment for those funds payable | ||||||
14 | under subsection (c-5) of Section 13 of this the Riverboat | ||||||
15 | Gambling Act, any owners licensee that holds or receives its | ||||||
16 | owners license on or after the effective date of this | ||||||
17 | amendatory Act of the 94th General Assembly, other than an | ||||||
18 | owners licensee operating a riverboat with adjusted gross | ||||||
19 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
20 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
21 | other payments required under this Act, an amount equal to 3% | ||||||
22 | of the adjusted gross receipts received by the owners licensee. | ||||||
23 | The payments required under this Section shall be made by the | ||||||
24 | owners licensee to the State Treasurer no later than 3:00 | ||||||
25 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
26 | receipts were received by the owners licensee. A person, firm |
| |||||||
| |||||||
1 | or corporation is ineligible to receive
an owners license if:
| ||||||
2 | (1) the person has been convicted of a felony under the | ||||||
3 | laws of this
State, any other state, or the United States;
| ||||||
4 | (2) the person has been convicted of any violation of | ||||||
5 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
6 | similar laws of any other jurisdiction;
| ||||||
7 | (3) the person has submitted an application for a | ||||||
8 | license under this
Act which contains false information;
| ||||||
9 | (4) the person is
a member of the Board;
| ||||||
10 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
11 | officer, director or
managerial employee of the firm or | ||||||
12 | corporation;
| ||||||
13 | (6) the firm or corporation employs a person defined in | ||||||
14 | (1), (2), (3) or
(4) who participates in the management or | ||||||
15 | operation of gambling operations
authorized under this | ||||||
16 | Act;
| ||||||
17 | (7) (blank); or
| ||||||
18 | (8) a license of the person, firm or corporation issued | ||||||
19 | under
this Act, or a license to own or operate gambling | ||||||
20 | facilities
in any other jurisdiction, has been revoked.
| ||||||
21 | The Board is expressly prohibited from making changes to | ||||||
22 | the requirement that licensees make payment into the Horse | ||||||
23 | Racing Equity Trust Fund without the express authority of the | ||||||
24 | Illinois General Assembly and making any other rule to | ||||||
25 | implement or interpret this amendatory Act of the 95th General | ||||||
26 | Assembly. For the purposes of this paragraph, "rules" is given |
| |||||||
| |||||||
1 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
2 | Administrative Procedure Act. | ||||||
3 | (b) In determining whether to grant an owners license to an | ||||||
4 | applicant, the
Board shall consider:
| ||||||
5 | (1) the character, reputation, experience and | ||||||
6 | financial integrity of the
applicants and of any other or | ||||||
7 | separate person that either:
| ||||||
8 | (A) controls, directly or indirectly, such | ||||||
9 | applicant, or
| ||||||
10 | (B) is controlled, directly or indirectly, by such | ||||||
11 | applicant or by a
person which controls, directly or | ||||||
12 | indirectly, such applicant;
| ||||||
13 | (2) the facilities or proposed facilities for the | ||||||
14 | conduct of riverboat
gambling;
| ||||||
15 | (3) the highest prospective total revenue to be derived | ||||||
16 | by the State
from the conduct of riverboat gambling;
| ||||||
17 | (4) the extent to which the ownership of the applicant | ||||||
18 | reflects the
diversity of the State by including minority | ||||||
19 | persons, females, and persons with a disability
and the | ||||||
20 | good faith affirmative action plan of
each applicant to | ||||||
21 | recruit, train and upgrade minority persons, females, and | ||||||
22 | persons with a disability in all employment | ||||||
23 | classifications;
| ||||||
24 | (5) the financial ability of the applicant to purchase | ||||||
25 | and maintain
adequate liability and casualty insurance;
| ||||||
26 | (6) whether the applicant has adequate capitalization |
| |||||||
| |||||||
1 | to provide and
maintain, for the duration of a license, a | ||||||
2 | riverboat or casino ;
| ||||||
3 | (7) the extent to which the applicant exceeds or meets | ||||||
4 | other standards
for the issuance of an owners license which | ||||||
5 | the Board may adopt by rule;
and
| ||||||
6 | (8) the The amount of the applicant's license bid ; .
| ||||||
7 | (9) the extent to which the applicant plans to enter | ||||||
8 | into revenue sharing agreements with communities other | ||||||
9 | than the host municipality and the terms of those | ||||||
10 | agreements; and | ||||||
11 | (10) the extent to which a riverboat authorized in item | ||||||
12 | (3) of subsection (e-10) includes the most qualified number | ||||||
13 | of minority persons, females, and persons with a | ||||||
14 | disability. | ||||||
15 | (c) Each owners license shall specify the place where the | ||||||
16 | casino shall operate or the riverboat riverboats shall
operate | ||||||
17 | 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) In addition to any licenses authorized under | ||||||
21 | subsections (e-5) and (e-10), the The Board may issue up to 10 | ||||||
22 | licenses authorizing the holders of such
licenses to own | ||||||
23 | riverboats. In the application for an owners license, the
| ||||||
24 | applicant shall state the dock at which the riverboat is based | ||||||
25 | and the water
on which the riverboat will be located. The Board | ||||||
26 | shall issue 5 licenses to
become effective not earlier than |
| |||||||
| |||||||
1 | January 1, 1991. Three of such licenses
shall authorize | ||||||
2 | riverboat gambling on the Mississippi River, or, with approval
| ||||||
3 | by the municipality in which the
riverboat was docked on August | ||||||
4 | 7, 2003 and with Board approval, be authorized to relocate to a | ||||||
5 | new location,
in a
municipality that (1) borders on the | ||||||
6 | Mississippi River or is within 5
miles of the city limits of a | ||||||
7 | municipality that borders on the Mississippi
River and (2), on | ||||||
8 | August 7, 2003, had a riverboat conducting riverboat gambling | ||||||
9 | operations pursuant to
a license issued under this Act; one of | ||||||
10 | which shall authorize riverboat
gambling from a home dock in | ||||||
11 | the city of East St. Louis. One other license
shall
authorize | ||||||
12 | riverboat gambling on
the Illinois River in Tazewell County, | ||||||
13 | or, with approval by a municipality in which such riverboat was | ||||||
14 | docked on January 1, 2010 and with Board approval, be | ||||||
15 | authorized to relocate to a new location, in a municipality | ||||||
16 | that (1) borders on the Illinois River or is within 5 miles of | ||||||
17 | the city limits of a municipality that borders on the Illinois | ||||||
18 | River and (2), on January 1, 2010, had a riverboat conducting | ||||||
19 | riverboat gambling operations pursuant to a license issued | ||||||
20 | under this Act south of Marshall County . The Board shall issue | ||||||
21 | one
additional license to become effective not earlier than | ||||||
22 | March 1, 1992, which
shall authorize riverboat gambling on the | ||||||
23 | Des Plaines River in Will County.
The Board may issue 4 | ||||||
24 | additional licenses to become effective not
earlier than
March | ||||||
25 | 1, 1992. In determining the water upon which riverboats will | ||||||
26 | operate,
the Board shall consider the economic benefit which |
| |||||||
| |||||||
1 | riverboat gambling confers
on the State, and shall seek to | ||||||
2 | assure that all regions of the State share
in the economic | ||||||
3 | benefits of riverboat gambling.
| ||||||
4 | In granting all licenses, the Board may give favorable | ||||||
5 | consideration to
economically depressed areas of the State, to | ||||||
6 | applicants presenting plans
which provide for significant | ||||||
7 | economic development over a large geographic
area, and to | ||||||
8 | applicants who currently operate non-gambling riverboats in
| ||||||
9 | Illinois.
The Board shall review all applications for owners | ||||||
10 | licenses,
and shall inform each applicant of the Board's | ||||||
11 | decision.
The Board may grant an owners license to an
applicant | ||||||
12 | that has not submitted the highest license bid, but if it does | ||||||
13 | not
select the highest bidder, the Board shall issue a written | ||||||
14 | decision explaining
why another
applicant was selected and | ||||||
15 | identifying the factors set forth in this Section
that favored | ||||||
16 | the winning bidder.
| ||||||
17 | (e-5) In addition to licenses authorized under subsections | ||||||
18 | (e) and (e-10),
the Board
may issue one owners license | ||||||
19 | authorizing either the conduct of riverboat gambling
| ||||||
20 | operations from a home dock located in the City of Chicago or | ||||||
21 | the conduct of gambling operations in a casino located in the | ||||||
22 | City of Chicago. | ||||||
23 | The license authorized under this subsection (e-5) shall be | ||||||
24 | awarded to
the Chicago Casino Development Authority for a term | ||||||
25 | of 20 years. | ||||||
26 | The license authorized under this subsection (e-5) may |
| |||||||
| |||||||
1 | authorize the conduct of riverboat gambling on Lake Michigan or | ||||||
2 | at a land-based facility. | ||||||
3 | The license authorized under this subsection (e-5) shall be | ||||||
4 | issued within 12 months after the effective date of this | ||||||
5 | amendatory Act of the 96th General Assembly. The fee for the | ||||||
6 | issuance or renewal of a license authorized under this | ||||||
7 | subsection (e-5) shall be $100,000. Additionally, the licensee | ||||||
8 | shall pay an initial fee of $25,000 per gaming position, which | ||||||
9 | shall be deposited into the Gaming Facilities Fee Revenue Fund.
| ||||||
10 | (e-10) In addition to licenses authorized under | ||||||
11 | subsections (e) and (e-5),
the Board may issue the following | ||||||
12 | owners licenses: | ||||||
13 | (1) One owners license authorizing the conduct of | ||||||
14 | riverboat gambling located in the City of Park City.
| ||||||
15 | (2) One owners license authorizing the conduct of | ||||||
16 | riverboat gambling in the City of Danville. | ||||||
17 | (3) One owners license authorizing the conduct of | ||||||
18 | riverboat gambling in one of one of the following townships | ||||||
19 | located in Cook County: Bloom, Bremen, Calumet, Rich, | ||||||
20 | Thornton, or Worth Township. | ||||||
21 | (4) One owners license authorizing the conduct of | ||||||
22 | riverboat gambling in the City of Rockford. | ||||||
23 | The city council of the municipality in which the home dock | ||||||
24 | of the riverboat is located may make recommendations regarding | ||||||
25 | the location, proposal for ownership, licensee, and any other | ||||||
26 | decisions made in connection with the license issued under this |
| |||||||
| |||||||
1 | subsection (e-10). | ||||||
2 | The licenses authorized under this subsection (e-10) shall | ||||||
3 | be issued within 12 months after the effective date of this | ||||||
4 | amendatory Act of the 96th General Assembly. The fee for the | ||||||
5 | issuance or renewal of a license issued pursuant to this | ||||||
6 | subsection (e-10) shall be $100,000. Additionally, a licensee | ||||||
7 | located outside of Cook County shall pay an initial fee of | ||||||
8 | $12,500 per gaming position, and a licensee located in Cook | ||||||
9 | County shall pay $25,000 per gaming position. The initial fees | ||||||
10 | payable under this subsection shall be deposited into the | ||||||
11 | Gaming Facilities Fee Revenue Fund. | ||||||
12 | (e-12) Each owners licensee of a license authorized under | ||||||
13 | subsection (e-5) or (e-10) shall make a reconciliation payment | ||||||
14 | 4 years after the date the owners licensee begins operating in | ||||||
15 | an amount equal to 75% of the adjusted gross receipts for the | ||||||
16 | most lucrative 12-month period of operations, minus an amount | ||||||
17 | equal to the initial $12,500 or $25,000 initial payment per | ||||||
18 | gaming position, whichever was the initial amount paid by the | ||||||
19 | specific licensee. If this calculation results in a negative | ||||||
20 | amount, then the owners licensee is not entitled to any | ||||||
21 | reimbursement of fees previously paid. This reconciliation | ||||||
22 | payment may be made in installments over a period of no more | ||||||
23 | than 5 years, subject to Board approval. Any installment | ||||||
24 | payments shall include an annual market interest rate as | ||||||
25 | determined by the Board. All payments by licensees under this | ||||||
26 | subsection shall be deposited into the Capital Projects Fund. |
| |||||||
| |||||||
1 | (e-15) In addition to any other revocation powers granted | ||||||
2 | to the Board under this
Act,
the Board may revoke the owners | ||||||
3 | license of a licensee which fails
to begin conducting gambling | ||||||
4 | within 15 months
of receipt of the
Board's approval of the | ||||||
5 | application if the Board determines that license
revocation is | ||||||
6 | in the best interests of the State.
| ||||||
7 | (e-16) The provisions of this subsection (e-16) apply only | ||||||
8 | to an owners licensee of a license issued pursuant to Section | ||||||
9 | 7.1 of this Act and issued prior to the effective date of this | ||||||
10 | amendatory Act of the 96th General Assembly. The owners | ||||||
11 | licensee shall pay (i) a $100,000 fee for the issuance or | ||||||
12 | renewal of its license and (ii) an initial fee of $25,000 per | ||||||
13 | gaming position. Additionally, the owners licensee shall make a | ||||||
14 | reconciliation payment on July 1, 2016 in an amount equal to | ||||||
15 | 75% of the adjusted gross receipts for the most lucrative | ||||||
16 | 12-month period of operations beginning on July 1, 2012, minus | ||||||
17 | an amount equal to the $25,000 initial payment per gaming | ||||||
18 | position. If this calculation results in a negative amount, | ||||||
19 | then the owners licensee is not entitled to any reimbursement | ||||||
20 | of fees previously paid. This reconciliation payment may be | ||||||
21 | made in installments over a period of no more than 5 years, | ||||||
22 | subject to Board approval. Any installment payments shall | ||||||
23 | include an annual market interest rate as determined by the | ||||||
24 | Board. All payments by licensees under this subsection shall be | ||||||
25 | deposited into the Capital Projects Fund. For any payments | ||||||
26 | required under this subsection, the owners licensee shall |
| |||||||
| |||||||
1 | receive (i) a credit for any amounts that the owners licensee | ||||||
2 | has paid to the State or the Board prior to November 1, 2010 | ||||||
3 | for consultants, licensing fees, up-front fees, or other items, | ||||||
4 | not to exceed $53,000,000 and (ii) a credit for any payments | ||||||
5 | that the local unit of government has pledged to remit to the | ||||||
6 | State, which shall be equal to the present-day value of such | ||||||
7 | payments as determined by the Board but in no event shall the | ||||||
8 | credit exceed $147,000,000, provided however that the owners | ||||||
9 | licensee shall reimburse the State if the unit of local | ||||||
10 | government fails to make timely payments. An owners licensee | ||||||
11 | subject to this subsection (e) shall only pay the initial fees | ||||||
12 | required pursuant to this subsection and shall not have to pay | ||||||
13 | any initial fees or payments that were ordered by the Board | ||||||
14 | prior to November 1, 2010. However, any payments that have been | ||||||
15 | made by the owners licensee subject to this subsection (e) | ||||||
16 | shall remain with the State and the owners licensee shall | ||||||
17 | receive a credit as specified in this subsection. | ||||||
18 | (f) The first 10 owners licenses issued under this Act | ||||||
19 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
20 | thereon
for a period of 3 years after the effective date of the | ||||||
21 | license. Holders of
the first 10 owners licenses must pay the | ||||||
22 | annual license fee for each of
the 3
years during which they | ||||||
23 | are authorized to own riverboats.
| ||||||
24 | (g) Upon the termination, expiration, or revocation owners | ||||||
25 | license of each of the first
10 licenses , which shall be issued | ||||||
26 | for a 3 year period, all licenses are
renewable annually upon |
| |||||||
| |||||||
1 | payment of the fee and a determination by the Board
that the | ||||||
2 | licensee continues to meet all of the requirements of this Act | ||||||
3 | and the
Board's rules.
However, for licenses renewed on or | ||||||
4 | after May 1, 1998, renewal shall be
for a period of 4 years, | ||||||
5 | unless the Board sets a shorter period.
| ||||||
6 | (h) An owners license , except for an owners license issued | ||||||
7 | under subsection (e-5) or (e-10), shall entitle the licensee to | ||||||
8 | own up to 2
riverboats. | ||||||
9 | An owners licensee that acquired its license under | ||||||
10 | subsection (e-5) shall limit the number of gambling | ||||||
11 | participants to 4,000 for such owners. | ||||||
12 | All other licensees A licensee shall limit the number of | ||||||
13 | gambling participants to
1,600 1,200 for any such owners | ||||||
14 | license prior to January 1, 2013. On or after January 1, 2013, | ||||||
15 | a licensee shall limit the number of gambling participants to | ||||||
16 | 2,000 for any such owners license .
The initial fee for each | ||||||
17 | gaming position obtained on or after the effective date of this | ||||||
18 | amendatory Act of the 96th General Assembly shall be $12,500 | ||||||
19 | for licensees not located in Cook County and $25,000 for | ||||||
20 | licensees located in Cook County, in addition to the | ||||||
21 | reconciliation payment, as set forth in (e-12), (e-16), or | ||||||
22 | (h-5). A licensee may operate both of its riverboats | ||||||
23 | concurrently, provided that the
total number of gambling | ||||||
24 | participants on both riverboats does not exceed 1,600 prior to | ||||||
25 | January 1, 2013 and 2,000 on or after January 1, 2013.
1,200. | ||||||
26 | Riverboats licensed to operate on the
Mississippi River and the |
| |||||||
| |||||||
1 | Illinois River south of Marshall County shall
have an | ||||||
2 | authorized capacity of at least 500 persons. Any other | ||||||
3 | riverboat
licensed under this Act shall have an authorized | ||||||
4 | capacity of at least 400
persons.
| ||||||
5 | (h-5) An owners licensee who purchases positions under
| ||||||
6 | subsection (h) on or after the effective date of this | ||||||
7 | amendatory Act of the 96th General Assembly must pay an initial | ||||||
8 | fee of $12,500 per gaming position if the licensee is located | ||||||
9 | outside Cook County and an initial fee of $25,000 per gaming | ||||||
10 | position if the licensee is located in Cook County, as stated | ||||||
11 | in subsection (h).
These initial fees shall be deposited into | ||||||
12 | the Gaming Facilities Fee Revenue Fund. Additionally, the | ||||||
13 | owners licensee shall make a reconciliation payment 4 years | ||||||
14 | after any additional gaming positions authorized by subsection | ||||||
15 | (h) begin operating in an amount equal to 75% of the owner | ||||||
16 | licensee's average gross receipts for the most lucrative | ||||||
17 | 12-month period of operations minus an amount equal to $12,500 | ||||||
18 | or $25,000 that the owners licensee paid per additional gaming | ||||||
19 | position. For purposes of this subsection, "average gross | ||||||
20 | receipts" means (i) the adjusted gross receipts for the most | ||||||
21 | lucrative 12-month period of operations, minus (ii) the | ||||||
22 | adjusted gross receipts for 2012 or the first year of | ||||||
23 | operations for the owners licensee, whichever is later, divided | ||||||
24 | (iii) by the number of additional gaming positions that an | ||||||
25 | owners licensee is purchasing pursuant to subsection (h). If | ||||||
26 | this calculation results in a negative amount, then the owners |
| |||||||
| |||||||
1 | licensee is not entitled to any reimbursement of fees | ||||||
2 | previously paid. This reconciliation payment may be made in | ||||||
3 | installments over a period of no more than 5 years, subject to | ||||||
4 | Board approval. Any installment payments shall include an | ||||||
5 | annual market interest rate as determined by the Board. These | ||||||
6 | reconciliation payments shall be deposited into the Capital | ||||||
7 | Projects Fund. | ||||||
8 | (h-10) Any positions that are not purchased by a licensed | ||||||
9 | owner as of January 1, 2016 shall be forfeited and retained by | ||||||
10 | the Board and shall be offered in equal amounts to licensed | ||||||
11 | owners who have purchased all of the positions that were | ||||||
12 | offered. This process shall continue until all positions have | ||||||
13 | been purchased. All positions obtained pursuant to this process | ||||||
14 | must be in operation within 18 months after they were obtained | ||||||
15 | or the licensed owner forfeits the right to operate all of the | ||||||
16 | positions, but is not entitled to a refund of any fees paid. | ||||||
17 | The Board may, after holding a public hearing, grant extensions | ||||||
18 | so long as a licensed owner is working in good faith to make | ||||||
19 | the positions operational. The extension may be for a period of | ||||||
20 | 6 months. If, after the period of the extension, a licensed | ||||||
21 | owner has not made the positions operational, another public | ||||||
22 | hearing must be held by the Board before it may grant another | ||||||
23 | extension. | ||||||
24 | (i) A licensed owner is authorized to apply to the Board | ||||||
25 | for and, if
approved therefor, to receive all licenses from the | ||||||
26 | Board necessary for the
operation of a riverboat or a casino , |
| |||||||
| |||||||
1 | including a liquor license, a license
to prepare and serve food | ||||||
2 | for human consumption, and other necessary
licenses. All use, | ||||||
3 | occupation and excise taxes which apply to the sale of
food and | ||||||
4 | beverages in this State and all taxes imposed on the sale or | ||||||
5 | use
of tangible personal property apply to such sales aboard | ||||||
6 | the riverboat or in a casino .
| ||||||
7 | (j) The Board may issue or re-issue a license authorizing a | ||||||
8 | riverboat to
dock
in a municipality or approve a relocation | ||||||
9 | under Section 11.2 only if, prior
to the issuance or | ||||||
10 | re-issuance of
the license or approval, the governing body of | ||||||
11 | the municipality in which
the riverboat will dock has by a | ||||||
12 | majority vote approved the docking of
riverboats in the | ||||||
13 | municipality. The Board may issue or re-issue a license
| ||||||
14 | authorizing a
riverboat to dock in areas of a county outside | ||||||
15 | any municipality or approve a
relocation under Section 11.2 | ||||||
16 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
17 | approval, the
governing body of the county has by a majority | ||||||
18 | vote approved of the docking of
riverboats within such areas.
| ||||||
19 | (k) An owners licensee may conduct land-based gambling | ||||||
20 | operations upon approval by the Board. | ||||||
21 | (Source: P.A. 95-1008, eff. 12-15-08; 96-1392, eff. 1-1-11.)
| ||||||
22 | (230 ILCS 10/7.1)
| ||||||
23 | Sec. 7.1. Issuance or re-issuance Re-issuance of revoked or | ||||||
24 | non-renewed owners licenses.
| ||||||
25 | (a) If an owners license is newly authorized, or if an |
| |||||||
| |||||||
1 | owners license terminates or expires without renewal or the | ||||||
2 | Board
revokes or determines not to renew an owners license | ||||||
3 | (including, without
limitation, an owners license for a | ||||||
4 | licensee that was not conducting riverboat
gambling operations | ||||||
5 | on January 1, 1998)
and that revocation or determination is | ||||||
6 | final, then the Board may issue or re-issue the such
license to
| ||||||
7 | a qualified applicant pursuant to an open and competitive | ||||||
8 | bidding process, as
set forth in Section 7.5, and subject to | ||||||
9 | the maximum number of authorized
licenses set forth in | ||||||
10 | subsections (e), (e-5), and (e-10) of Section 7
Section
7(e) .
| ||||||
11 | (b) To be a qualified applicant, a person, firm, or | ||||||
12 | corporation cannot be
ineligible to receive an owners license | ||||||
13 | under Section 7(a) and must submit an
application for an owners | ||||||
14 | license that complies with Section 6. Each such
applicant must | ||||||
15 | also submit evidence to the Board that minority persons and
| ||||||
16 | females hold ownership interests in the applicant of at least | ||||||
17 | 16% and 4%
respectively.
| ||||||
18 | (c) Notwithstanding anything to the contrary in
Section | ||||||
19 | 7(e), an applicant
may apply to the Board for approval of | ||||||
20 | relocation of a re-issued license to a
new home dock location | ||||||
21 | authorized under Section 3(c) upon receipt of the
approval from | ||||||
22 | the municipality or county, as the case may be, pursuant to
| ||||||
23 | Section 7(j).
| ||||||
24 | (d) In determining whether to grant a new or re-issued | ||||||
25 | owners license to an
applicant, the
Board shall consider all of | ||||||
26 | the factors set forth in Section
Sections 7(b) and in Section |
| |||||||
| |||||||
1 | 7(e), (e-5), or (e-10), whichever is applicable,
(e) as
well as | ||||||
2 | the amount of the applicant's license bid. The Board may
grant | ||||||
3 | the new or re-issued owners license to an applicant that has | ||||||
4 | not submitted the
highest license bid, but if it does not | ||||||
5 | select the highest bidder,
the Board shall issue a written | ||||||
6 | decision explaining why another applicant was
selected and | ||||||
7 | identifying the factors set forth in Section
Sections 7(b) and | ||||||
8 | in Section 7(e), (e-5), or (e-10), whichever is applicable,
(e) | ||||||
9 | that
favored the winning bidder.
| ||||||
10 | (e) Re-issued owners licenses shall be subject to annual | ||||||
11 | license fees as
provided for in Section 7(a) and shall be | ||||||
12 | governed by the provisions of
Sections 7(f), (g), (h), and (i).
| ||||||
13 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
14 | (230 ILCS 10/7.3)
| ||||||
15 | Sec. 7.3. State conduct of gambling operations.
| ||||||
16 | (a) If, after reviewing each application for a re-issued | ||||||
17 | license, the
Board determines that the highest prospective | ||||||
18 | total revenue to the State would
be derived from State conduct | ||||||
19 | of the gambling operation in lieu of re-issuing
the license, | ||||||
20 | the Board shall inform each applicant of its decision. The | ||||||
21 | Board
shall thereafter have the authority, without obtaining an | ||||||
22 | owners license, to
conduct riverboat gambling operations as
| ||||||
23 | previously authorized by the terminated, expired, revoked, or | ||||||
24 | nonrenewed
license through a licensed manager selected | ||||||
25 | pursuant to an open and competitive
bidding
process as set |
| |||||||
| |||||||
1 | forth in Section 7.5 and as provided in Section 7.4.
| ||||||
2 | (b) The Board may locate any riverboat on which a gambling | ||||||
3 | operation is
conducted by the State in any home dock location | ||||||
4 | authorized by Section 3(c)
upon receipt of approval from a | ||||||
5 | majority vote of the governing body of the
municipality or | ||||||
6 | county, as the case may be, in which the riverboat will dock.
| ||||||
7 | (c) The Board shall have jurisdiction over and shall | ||||||
8 | supervise all
gambling operations conducted by the State | ||||||
9 | provided for in this Act and shall
have all powers necessary | ||||||
10 | and proper to fully and effectively execute the
provisions of | ||||||
11 | this Act relating to gambling operations conducted by the | ||||||
12 | State.
| ||||||
13 | (d) The maximum number of owners licenses authorized under | ||||||
14 | Section 7
7(e)
shall be reduced by one for each instance in | ||||||
15 | which the Board authorizes the
State to conduct a riverboat | ||||||
16 | gambling operation under subsection (a) in lieu of
re-issuing a | ||||||
17 | license to an applicant under Section 7.1.
| ||||||
18 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
19 | (230 ILCS 10/7.6 new) | ||||||
20 | Sec. 7.6. Electronic gaming. | ||||||
21 | (a) The General Assembly finds that the horse racing and | ||||||
22 | riverboat gambling industries share many similarities and | ||||||
23 | collectively comprise the bulk of the State's gaming industry. | ||||||
24 | One feature common to both industries is that each is highly | ||||||
25 | regulated by the State of Illinois. The General Assembly |
| |||||||
| |||||||
1 | further finds, however, that despite their shared features each | ||||||
2 | industry is distinct from the other in that horse racing is and | ||||||
3 | continues to be intimately tied to Illinois' agricultural | ||||||
4 | economy and is, at its core, a spectator sport. This | ||||||
5 | distinction requires the General Assembly to utilize different | ||||||
6 | methods to regulate and promote the horse racing industry | ||||||
7 | throughout the State. The General Assembly finds that in order | ||||||
8 | to promote live horse racing as a spectator sport in Illinois | ||||||
9 | and the agricultural economy of this State, it is necessary to | ||||||
10 | allow electronic gaming at Illinois race tracks as an ancillary | ||||||
11 | use given the success of other states in increasing live racing | ||||||
12 | purse accounts and improving the quality of horses | ||||||
13 | participating in horse race meetings. | ||||||
14 | (b) The Illinois Gaming Board shall award one electronic | ||||||
15 | gaming license to each person, firm, or corporation having | ||||||
16 | operating control of a race track that applies under Section 56 | ||||||
17 | of the Illinois Horse Racing Act of 1975, subject to the | ||||||
18 | application and eligibility requirements of this Section. | ||||||
19 | Within 60 days after the effective date of this amendatory Act | ||||||
20 | of the 96th General Assembly, a person, firm, or corporation | ||||||
21 | having operating control of a race track may submit an | ||||||
22 | application for an electronic gaming license. The application | ||||||
23 | shall specify the number of gaming positions the applicant | ||||||
24 | intends to use and the place where the electronic gaming | ||||||
25 | facility will operate. | ||||||
26 | The Board shall determine within 120 days after receiving |
| |||||||
| |||||||
1 | an application for an electronic gaming license, whether to | ||||||
2 | grant an electronic gaming license to the applicant. If the | ||||||
3 | Board does not make a determination within 120 days, the Board | ||||||
4 | shall give a written explanation to the applicant as to why it | ||||||
5 | has not reached a determination and when it reasonably expects | ||||||
6 | to make a determination. | ||||||
7 | The electronic gaming licensee shall purchase up to the | ||||||
8 | amount of electronic gaming positions authorized under this Act | ||||||
9 | within 120 days after receiving its electronic gaming license. | ||||||
10 | If an electronic gaming licensee is prepared to purchase the | ||||||
11 | electronic gaming positions, but is temporarily prohibited | ||||||
12 | from doing so by order of a court of competent jurisdiction or | ||||||
13 | the Board, then the 120-day period is tolled until a resolution | ||||||
14 | is reached. | ||||||
15 | An electronic gaming license shall authorize its holder to | ||||||
16 | conduct electronic gaming at its race track at the following | ||||||
17 | times: | ||||||
18 | (1) On days when it conducts live racing at the track | ||||||
19 | where its electronic gaming facility is located, from 8:00 | ||||||
20 | a.m. until 3:00 a.m. on the following day. | ||||||
21 | (2) On days when it is scheduled to conduct simulcast | ||||||
22 | wagering on races run in the United States, from 8:00 a.m. | ||||||
23 | until 3:00 a.m. on the following day. | ||||||
24 | Additionally, the Board may extend these days of operation | ||||||
25 | and hours upon request by an organization licensee as the Board | ||||||
26 | sees fit. |
| |||||||
| |||||||
1 | A license to conduct electronic gaming and any renewal of | ||||||
2 | an electronic gaming license shall authorize electronic gaming | ||||||
3 | for a period of 4 years. The fee for the issuance or renewal of | ||||||
4 | an electronic gaming license shall be $100,000. | ||||||
5 | (c) To be eligible to conduct electronic gaming, a person, | ||||||
6 | firm, or corporation having operating control of a race track | ||||||
7 | must (i) obtain an electronic gaming license, (ii) hold an | ||||||
8 | organization license under the Illinois Horse Racing Act of | ||||||
9 | 1975, (iii) hold an inter-track wagering license, (iv) pay an | ||||||
10 | initial fee of $25,000 per gaming position from electronic | ||||||
11 | gaming licensees where electronic gaming is conducted in Cook | ||||||
12 | County and $12,500 for electronic gaming licensees where | ||||||
13 | electronic gaming is located outside of Cook County before | ||||||
14 | beginning to conduct electronic gaming plus make the | ||||||
15 | reconciliation payment required under subsection (i), (v) | ||||||
16 | conduct at least 240 live races per year, (vi) meet the | ||||||
17 | requirements of subsection (a) of Section 56 of the Illinois | ||||||
18 | Horse Racing Act of 1975, (vii) for organization licensees | ||||||
19 | conducting standardbred race meetings that had an open | ||||||
20 | backstretch in 2009, keep backstretch barns and dormitories | ||||||
21 | open and operational year-round unless a lesser schedule is | ||||||
22 | mutually agreed to by the organization licensee and the | ||||||
23 | horsemen's association racing at that organization licensee's | ||||||
24 | race meeting, (viii) for organization licensees conducting | ||||||
25 | thoroughbred race meetings, the organization licensee must | ||||||
26 | maintain accident medical expense liability insurance coverage |
| |||||||
| |||||||
1 | of $1,000,000 for jockeys, and (ix) meet all other requirements | ||||||
2 | of this Act that apply to owners licensees. Only those persons, | ||||||
3 | firms, or corporations (or its successors or assigns) that had | ||||||
4 | operating control of a race track and held an inter-track | ||||||
5 | wagering license authorized by the Illinois Racing Board in | ||||||
6 | 2009 are eligible. | ||||||
7 | All payments by licensees under this subsection (c) shall | ||||||
8 | be deposited into the Gaming Facilities Fee Revenue Fund, | ||||||
9 | except for the reconciliation payments that are governed by | ||||||
10 | subsection (i) of this Section. | ||||||
11 | (d) The Board may approve electronic gaming positions | ||||||
12 | statewide as provided in this Section. The authority to operate | ||||||
13 | electronic gaming positions under this Section shall be | ||||||
14 | allocated as follows: up to 1,200 gaming positions for any | ||||||
15 | electronic gaming licensee in Cook County and up to 900 gaming | ||||||
16 | positions for any electronic gaming licensee outside of Cook | ||||||
17 | County. | ||||||
18 | (e) Any positions that are not obtained by an organization | ||||||
19 | licensee shall be retained by the Gaming Board and shall be | ||||||
20 | offered in equal amounts to organization licensees who have | ||||||
21 | purchased all of the positions that were offered. This process | ||||||
22 | shall continue until all positions have been purchased. All | ||||||
23 | positions obtained pursuant to this process must be in | ||||||
24 | operation within 18 months after they were obtained or the | ||||||
25 | organization licensee forfeits the right to operate all of the | ||||||
26 | positions, but is not entitled to a refund of any fees paid. |
| |||||||
| |||||||
1 | The Board may, after holding a public hearing, grant extensions | ||||||
2 | so long as an organization licensee is working in good faith to | ||||||
3 | begin conducting electronic gaming. The extension may be for a | ||||||
4 | period of 6 months. If, after the period of the extension, a | ||||||
5 | licensee has not begun to conduct electronic gaming, another | ||||||
6 | public hearing must be held by the Board before it may grant | ||||||
7 | another extension. | ||||||
8 | (f) Subject to the approval of the Illinois Gaming Board, | ||||||
9 | an electronic gaming licensee may make modification or | ||||||
10 | additions to any existing buildings and structures to comply | ||||||
11 | with the requirements of this Act. The Illinois Gaming Board | ||||||
12 | shall make its decision after consulting with the Illinois | ||||||
13 | Racing Board. In no case, however, shall the Illinois Gaming | ||||||
14 | Board approve any modification or addition that alters the | ||||||
15 | grounds of the organizational licensee such that the act of | ||||||
16 | live racing is an ancillary activity to electronic gaming.
| ||||||
17 | Electronic gaming may take place in existing structures where | ||||||
18 | inter-track wagering is conducted at the race track or a | ||||||
19 | facility within 300 yards of the race track in accordance with | ||||||
20 | the provisions of this Act and the Illinois Horse Racing Act of | ||||||
21 | 1975. | ||||||
22 | (g) An electronic gaming licensee may conduct electronic | ||||||
23 | gaming at a temporary facility pending the construction of a | ||||||
24 | permanent facility or the remodeling or relocation of an | ||||||
25 | existing facility to accommodate electronic gaming | ||||||
26 | participants for up to 24 months after the temporary facility |
| |||||||
| |||||||
1 | begins to conduct electronic gaming. Upon request by an | ||||||
2 | electronic gaming licensee and upon a showing of good cause by | ||||||
3 | the electronic gaming licensee, the Board shall extend the | ||||||
4 | period during which the licensee may conduct electronic gaming | ||||||
5 | at a temporary facility by up to 12 months. The Board shall | ||||||
6 | make rules concerning the conduct of electronic gaming from | ||||||
7 | temporary facilities. | ||||||
8 | Electronic gaming may take place in existing structures | ||||||
9 | where inter-track wagering is conducted at the race track or a | ||||||
10 | facility within 300 yards of the race track in accordance with | ||||||
11 | the provisions of this Act and the Illinois Horse Racing Act of | ||||||
12 | 1975. Any electronic gaming conducted at a permanent facility | ||||||
13 | within 300 yards of the race track in accordance with this Act | ||||||
14 | and the Illinois Horse Racing Act of 1975 shall have an | ||||||
15 | all-weather egress connecting the electronic gaming facility | ||||||
16 | and the race track facility. | ||||||
17 | (h) The Illinois Gaming Board must adopt emergency rules in | ||||||
18 | accordance with Section 5-45 of the Illinois Administrative | ||||||
19 | Procedure Act as necessary to ensure compliance with the | ||||||
20 | provisions of this amendatory Act of the 96th General Assembly
| ||||||
21 | concerning electronic gaming. The adoption of emergency rules | ||||||
22 | authorized by this subsection (h) shall be deemed to be | ||||||
23 | necessary for the public interest, safety, and welfare. | ||||||
24 | (i) Each electronic gaming licensee who obtains electronic | ||||||
25 | gaming positions must make a reconciliation payment 4 years | ||||||
26 | after the date the electronic gaming licensee begins operating |
| |||||||
| |||||||
1 | the positions in an amount equal to 75% of the amount for which | ||||||
2 | privilege tax was paid under subsection (a-5) of Section 13 of | ||||||
3 | this Act from electronic gaming for the most lucrative 12-month | ||||||
4 | period of operations, minus an amount equal to the initial | ||||||
5 | $25,000 or $12,500 per electronic gaming position initial | ||||||
6 | payment. If this calculation results in a negative amount, then | ||||||
7 | the electronic gaming licensee is not entitled to any | ||||||
8 | reimbursement of fees previously paid. This reconciliation | ||||||
9 | payment may be made in installments over a period of no more | ||||||
10 | than 5 years, subject to Board approval. Any installment | ||||||
11 | payments shall include an annual market interest rate as | ||||||
12 | determined by the Board. | ||||||
13 | All payments by licensees under this subsection (i) shall | ||||||
14 | be deposited into the Capital Projects Fund. | ||||||
15 | (j) As soon as practical after a request is made by the | ||||||
16 | Illinois Gaming Board, to minimize duplicate submissions by the | ||||||
17 | applicant, the Illinois Racing Board must provide information | ||||||
18 | on an applicant for an electronic gaming license to the | ||||||
19 | Illinois Gaming Board. | ||||||
20 | (k) Subject to the approval of the Illinois Gaming Board, | ||||||
21 | an organization licensee that (i) receives an electronic gaming | ||||||
22 | license under this Act and (ii) has operating control of a race | ||||||
23 | track facility located in Cook County, may relocate its race | ||||||
24 | track facility within Cook County in conjunction with plans to | ||||||
25 | construct a new structure for purposes of electronic gaming at | ||||||
26 | a location within a 3-mile radius of its existing race track |
| |||||||
| |||||||
1 | facility. Notwithstanding anything to the contrary in this Act, | ||||||
2 | a race track facility may not be relocated outside of the | ||||||
3 | 3-mile radius without the written consent of the geographically | ||||||
4 | closest existing race track facility from that planned | ||||||
5 | relocation. The relocation must include the race track | ||||||
6 | facility, including the race track operations used to conduct | ||||||
7 | live racing and the planned electronic gaming facility in its | ||||||
8 | entirety. For the purposes of this subsection (k), "race track | ||||||
9 | facility" means all operations conducted on the race track | ||||||
10 | property for which it was awarded a license for pari-mutuel | ||||||
11 | wagering and live racing in the year 2010, except for the real | ||||||
12 | estate itself. The Illinois Gaming Board shall make its | ||||||
13 | decision after consulting with the Illinois Racing Board, and | ||||||
14 | any relocation application shall be subject to all of the | ||||||
15 | provisions of this Act and the Illinois Horse Racing Act of | ||||||
16 | 1975.
| ||||||
17 | (230 ILCS 10/7.7 new) | ||||||
18 | Sec. 7.7. Home rule. The regulation and licensing of | ||||||
19 | electronic gaming and electronic gaming licensees are | ||||||
20 | exclusive powers and functions of the State. A home rule unit | ||||||
21 | may not regulate or license electronic gaming or electronic | ||||||
22 | gaming licensees. This Section is a denial and limitation of | ||||||
23 | home rule powers and functions under subsection (h) of Section
| ||||||
24 | 6 of Article VII of the Illinois Constitution.
|
| |||||||
| |||||||
1 | (230 ILCS 10/7.8 new)
| ||||||
2 | Sec. 7.8. Casino operator license. | ||||||
3 | (a) A qualified person may apply to the Board for a casino | ||||||
4 | operator license to
operate
and manage any gambling operation | ||||||
5 | conducted by an Authority. The application shall
be
made on | ||||||
6 | forms provided by the Board and shall contain such information | ||||||
7 | as the
Board
prescribes, including but not limited to | ||||||
8 | information required in Sections 6(a),
(b), and
(c) and | ||||||
9 | information relating to the applicant's proposed price to | ||||||
10 | manage the Authority's gambling
operations and to provide the | ||||||
11 | casino, gambling equipment, and supplies
necessary to
conduct | ||||||
12 | Authority gambling operations. | ||||||
13 | (b) A person, firm, or corporation is ineligible to receive | ||||||
14 | a casino operator license if:
| ||||||
15 | (1) the person has been convicted of a felony under the | ||||||
16 | laws of this
State, any other state, or the United States;
| ||||||
17 | (2) the person has been convicted of any violation of | ||||||
18 | Article 28 of
the Criminal Code of 1961, or substantially | ||||||
19 | similar laws of any other
jurisdiction;
| ||||||
20 | (3) the person has submitted an application for a | ||||||
21 | license under this
Act which contains false information;
| ||||||
22 | (4) the person is a member of the Board;
| ||||||
23 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
24 | officer, director, or
managerial employee of the firm or | ||||||
25 | corporation;
| ||||||
26 | (6) the firm or corporation employs a person defined in |
| |||||||
| |||||||
1 | (1), (2), (3),
or (4) who participates in the management or | ||||||
2 | operation of gambling
operations authorized under this | ||||||
3 | Act; or
| ||||||
4 | (7) a license of the person, firm, or corporation | ||||||
5 | issued under this Act,
or
a license to own or operate | ||||||
6 | gambling facilities in any other jurisdiction, has
been | ||||||
7 | revoked.
| ||||||
8 | (c) In determining whether to grant a casino operator | ||||||
9 | license, the
Board shall consider:
| ||||||
10 | (1) the character, reputation, experience and | ||||||
11 | financial integrity of the
applicants and of any other or | ||||||
12 | separate person that either:
| ||||||
13 | (A) controls, directly or indirectly, such | ||||||
14 | applicant, or
| ||||||
15 | (B) is controlled, directly or indirectly, by such | ||||||
16 | applicant or by a
person which controls, directly or | ||||||
17 | indirectly, such applicant;
| ||||||
18 | (2) the facilities or proposed facilities for the | ||||||
19 | conduct of
gambling;
| ||||||
20 | (3) the preference of the municipality in which the | ||||||
21 | licensee will operate;
| ||||||
22 | (4) the extent to which the ownership of the applicant | ||||||
23 | reflects the
diversity of the State by including minority | ||||||
24 | persons and females
and the good faith affirmative action | ||||||
25 | plan of
each applicant to recruit, train, and upgrade | ||||||
26 | minority persons and females in all employment |
| |||||||
| |||||||
1 | classifications;
| ||||||
2 | (5) the financial ability of the applicant to purchase | ||||||
3 | and maintain
adequate liability and casualty insurance;
| ||||||
4 | (6) whether the applicant has adequate capitalization | ||||||
5 | to provide and
maintain, for the duration of a license, a | ||||||
6 | casino; and
| ||||||
7 | (7) the extent to which the applicant exceeds or meets | ||||||
8 | other standards
for the issuance of a managers license that | ||||||
9 | the Board may adopt by rule.
| ||||||
10 | (d) Each applicant shall submit with his or her | ||||||
11 | application, on forms
prescribed by
the Board, 2 sets of his or | ||||||
12 | her fingerprints.
| ||||||
13 | (e) The Board shall charge each applicant a fee, set by the | ||||||
14 | Board, to defray
the costs associated with the background | ||||||
15 | investigation conducted by the
Board.
| ||||||
16 | (f) A person who knowingly makes a false statement on an | ||||||
17 | application is
guilty of a Class A misdemeanor.
| ||||||
18 | (g) The casino operator license shall be issued only upon | ||||||
19 | proof that it has entered into a labor peace agreement with | ||||||
20 | each labor organization that is actively engaged in | ||||||
21 | representing and attempting to represent casino and | ||||||
22 | hospitality industry workers in this State. The labor peace | ||||||
23 | agreement must be a valid and enforceable agreement under 29 | ||||||
24 | U.S.C. 185 that protects the city's and State's revenues from | ||||||
25 | the operation of the casino facility by prohibiting the labor | ||||||
26 | organization and its members from engaging in any picketing, |
| |||||||
| |||||||
1 | work stoppages, boycotts, or any other economic interference | ||||||
2 | with the casino facility for at least the first 5 years of the | ||||||
3 | casino license and must cover all operations at the casino | ||||||
4 | facility that are conducted by lessees or tenants or under | ||||||
5 | management agreements. | ||||||
6 | (h) The casino operator license shall be for a term of 4 | ||||||
7 | years, shall
be
renewable at the Board's option, and shall | ||||||
8 | contain such terms and
provisions as the Board deems necessary | ||||||
9 | to protect or enhance the
credibility and integrity of State | ||||||
10 | gambling operations, achieve the highest
prospective total | ||||||
11 | revenue to the State, and otherwise serve the interests of
the | ||||||
12 | citizens of Illinois. The Board may revoke the license: | ||||||
13 | (1) for violation of any provision of this Act; | ||||||
14 | (2) for violation of any rules of the Board; | ||||||
15 | (3) for any cause which, if known to the Board, would | ||||||
16 | have disqualified the applicant from receiving the | ||||||
17 | license; or | ||||||
18 | (4) for any other just cause.
| ||||||
19 | (230 ILCS 10/7.9 new) | ||||||
20 | Sec. 7.9. Diversity program. | ||||||
21 | (a) Each owners licensee, electronic gaming licensee, | ||||||
22 | casino operator licensee, and suppliers licensee shall | ||||||
23 | establish and maintain a diversity program to ensure | ||||||
24 | non-discrimination in the award and administration of | ||||||
25 | contracts. The programs shall establish goals of awarding not |
| |||||||
| |||||||
1 | less than 20% of the annual dollar value of all contracts, | ||||||
2 | purchase orders, or other agreements to minority owned | ||||||
3 | businesses and 5% of the annual dollar value of all contracts | ||||||
4 | to female owned businesses. | ||||||
5 | (b) Each owners licensee, electronic gaming licensee, | ||||||
6 | casino operator licensee, and suppliers licensee shall | ||||||
7 | establish and maintain a diversity program designed to promote | ||||||
8 | equal opportunity for employment. The program shall establish | ||||||
9 | hiring goals as the Board and each licensee determines | ||||||
10 | appropriate. The Board shall monitor the progress of the gaming | ||||||
11 | licensee's progress with respect to the program's goals. | ||||||
12 | (c) No later than May 31 of each year each licensee shall | ||||||
13 | report to the Board the number of respective employees and the | ||||||
14 | number of their respective employees who have designated | ||||||
15 | themselves as members of a minority group and gender. In | ||||||
16 | addition, all licensees shall submit a report with respect to | ||||||
17 | the minority owned and female owned businesses program created | ||||||
18 | in this Section to the Board.
| ||||||
19 | (230 ILCS 10/7.10 new) | ||||||
20 | Sec. 7.10. Annual report on diversity. | ||||||
21 | (a) Each licensee that receives a license under Sections 7, | ||||||
22 | 7.1, and 7.6 shall execute and file a report with the Board no | ||||||
23 | later than December 31 of each year that shall contain, but not | ||||||
24 | be limited to, the following information: | ||||||
25 | (i) a good faith affirmative action plan to recruit, |
| |||||||
| |||||||
1 | train, and upgrade minority persons, females, and persons | ||||||
2 | with a disability in all employment classifications; | ||||||
3 | (ii) the total dollar amount of contracts that were | ||||||
4 | awarded to businesses owned by minority persons, females, | ||||||
5 | and persons with a disability; | ||||||
6 | (iii) the total number of businesses owned by minority | ||||||
7 | persons, females, and persons with a disability that were | ||||||
8 | utilized by the licensee; | ||||||
9 | (iv) the utilization of businesses owned by minority | ||||||
10 | persons, females, and persons with disabilities during the | ||||||
11 | preceding year; and | ||||||
12 | (v) the outreach efforts used by the licensee to | ||||||
13 | attract investors and businesses consisting of minority | ||||||
14 | persons, females, and persons with a disability. | ||||||
15 | (b) The Board shall forward a copy of each licensee's | ||||||
16 | annual reports to the General Assembly no later than February 1 | ||||||
17 | of each year.
| ||||||
18 | (230 ILCS 10/8) (from Ch. 120, par. 2408)
| ||||||
19 | Sec. 8. Suppliers licenses.
| ||||||
20 | (a) The Board may issue a suppliers license to such | ||||||
21 | persons, firms or
corporations which apply therefor upon the | ||||||
22 | payment of a non-refundable
application fee set by the Board, | ||||||
23 | upon a determination by the Board that
the applicant is | ||||||
24 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
25 | annual license
fee.
|
| |||||||
| |||||||
1 | (b) The holder of a suppliers license is authorized to sell | ||||||
2 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
3 | and supplies to any
licensee involved in the ownership or | ||||||
4 | management of gambling operations.
| ||||||
5 | (c) Gambling supplies and equipment may not be distributed
| ||||||
6 | unless supplies and equipment conform to standards adopted by
| ||||||
7 | rules of the Board.
| ||||||
8 | (d) A person, firm or corporation is ineligible to receive | ||||||
9 | a suppliers
license if:
| ||||||
10 | (1) the person has been convicted of a felony under the | ||||||
11 | laws of this
State, any other state, or the United States;
| ||||||
12 | (2) the person has been convicted of any violation of | ||||||
13 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
14 | similar laws of any other jurisdiction;
| ||||||
15 | (3) the person has submitted an application for a | ||||||
16 | license under this
Act which contains false information;
| ||||||
17 | (4) the person is a member of the Board;
| ||||||
18 | (5) the firm or corporation is one in which a person | ||||||
19 | defined in (1),
(2), (3) or (4), is an officer, director or | ||||||
20 | managerial employee;
| ||||||
21 | (6) the firm or corporation employs a person who | ||||||
22 | participates in the
management or operation of riverboat | ||||||
23 | gambling authorized under this Act;
| ||||||
24 | (7) the license of the person, firm or corporation | ||||||
25 | issued under
this Act, or a license to own or operate | ||||||
26 | gambling facilities
in any other jurisdiction, has been |
| |||||||
| |||||||
1 | revoked.
| ||||||
2 | (e) Any person that supplies any equipment, devices, or | ||||||
3 | supplies to a
licensed riverboat gambling operation or casino | ||||||
4 | or electronic gaming operation must first obtain a suppliers
| ||||||
5 | license. A supplier shall furnish to the Board a list of all | ||||||
6 | equipment,
devices and supplies offered for sale or lease in | ||||||
7 | connection with gambling
games authorized under this Act. A | ||||||
8 | supplier shall keep books and records
for the furnishing of | ||||||
9 | equipment, devices and supplies to gambling
operations | ||||||
10 | separate and distinct from any other business that the supplier
| ||||||
11 | might operate. A supplier shall file a quarterly return with | ||||||
12 | the Board
listing all sales and leases. A supplier shall | ||||||
13 | permanently affix its name
to all its equipment, devices, and | ||||||
14 | supplies for gambling operations.
Any supplier's equipment, | ||||||
15 | devices or supplies which are used by any person
in an | ||||||
16 | unauthorized gambling operation shall be forfeited to the | ||||||
17 | State. A holder of an owners license or an electronic gaming | ||||||
18 | license A
licensed owner may own its own equipment, devices and | ||||||
19 | supplies. Each
holder of an owners license or an electronic | ||||||
20 | gaming license under the Act shall file an annual report
| ||||||
21 | listing its inventories of gambling equipment, devices and | ||||||
22 | supplies.
| ||||||
23 | (f) Any person who knowingly makes a false statement on an | ||||||
24 | application
is guilty of a Class A misdemeanor.
| ||||||
25 | (g) Any gambling equipment, devices and supplies provided | ||||||
26 | by any
licensed supplier may either be repaired on the |
| |||||||
| |||||||
1 | riverboat , in the casino, or at the electronic gaming facility | ||||||
2 | or removed from
the riverboat , casino, or electronic gaming | ||||||
3 | facility to a an on-shore facility owned by the holder of an | ||||||
4 | owners
license or electronic gaming license for repair.
| ||||||
5 | (Source: P.A. 86-1029; 87-826.)
| ||||||
6 | (230 ILCS 10/9) (from Ch. 120, par. 2409)
| ||||||
7 | Sec. 9. Occupational licenses.
| ||||||
8 | (a) The Board may issue an occupational license to an | ||||||
9 | applicant upon the
payment of a non-refundable fee set by the | ||||||
10 | Board, upon a determination by
the Board that the applicant is | ||||||
11 | eligible for an occupational license and
upon payment of an | ||||||
12 | annual license fee in an amount to be established. To
be | ||||||
13 | eligible for an occupational license, an applicant must:
| ||||||
14 | (1) be at least 21 years of age if the applicant will | ||||||
15 | perform any
function involved in gaming by patrons. Any | ||||||
16 | applicant seeking an
occupational license for a non-gaming | ||||||
17 | function shall be at least 18 years
of age;
| ||||||
18 | (2) not have been convicted of a felony offense, a | ||||||
19 | violation of Article
28 of the Criminal Code of 1961, or a | ||||||
20 | similar statute of any other
jurisdiction;
| ||||||
21 | (2.5) not have been convicted of a crime, other than a | ||||||
22 | crime described in item (2) of this subsection (a), | ||||||
23 | involving dishonesty or moral turpitude, except that the | ||||||
24 | Board may, in its discretion, issue an occupational license | ||||||
25 | to a person who has been convicted of a crime described in |
| |||||||
| |||||||
1 | this item (2.5) more than 10 years prior to his or her | ||||||
2 | application and has not subsequently been convicted of any | ||||||
3 | other crime;
| ||||||
4 | (3) have demonstrated a level of skill or knowledge | ||||||
5 | which the Board
determines to be necessary in order to | ||||||
6 | operate gambling aboard a riverboat , in a casino, or at an | ||||||
7 | electronic gaming facility ; and
| ||||||
8 | (4) have met standards for the holding of an | ||||||
9 | occupational license as
adopted by rules of the Board. Such | ||||||
10 | rules shall provide that any person or
entity seeking an | ||||||
11 | occupational license to manage gambling operations
| ||||||
12 | hereunder shall be subject to background inquiries and | ||||||
13 | further requirements
similar to those required of | ||||||
14 | applicants for an owners license.
Furthermore, such rules | ||||||
15 | shall provide that each such entity shall be
permitted to | ||||||
16 | manage gambling operations for only one licensed owner.
| ||||||
17 | (b) Each application for an occupational license shall be | ||||||
18 | on forms
prescribed by the Board and shall contain all | ||||||
19 | information required by the
Board. The applicant shall set | ||||||
20 | forth in the application: whether he has been
issued prior | ||||||
21 | gambling related licenses; whether he has been licensed in any
| ||||||
22 | other state under any other name, and, if so, such name and his | ||||||
23 | age; and
whether or not a permit or license issued to him in | ||||||
24 | any other state has
been suspended, restricted or revoked, and, | ||||||
25 | if so, for what period of time.
| ||||||
26 | (c) Each applicant shall submit with his application, on |
| |||||||
| |||||||
1 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
2 | Board shall charge each
applicant a fee set by the Department | ||||||
3 | of State Police to defray the costs
associated with the search | ||||||
4 | and classification of fingerprints obtained by
the Board with | ||||||
5 | respect to the applicant's application. These fees shall be
| ||||||
6 | paid into the State Police Services Fund.
| ||||||
7 | (d) The Board may in its discretion refuse an occupational | ||||||
8 | license to
any person: (1) who is unqualified to perform the | ||||||
9 | duties required of such
applicant; (2) who fails to disclose or | ||||||
10 | states falsely any information
called for in the application; | ||||||
11 | (3) who has been found guilty of a
violation of this Act or | ||||||
12 | whose prior gambling related license or
application therefor | ||||||
13 | has been suspended, restricted, revoked or denied for
just | ||||||
14 | cause in any other state; or (4) for any other just cause.
| ||||||
15 | (e) The Board may suspend, revoke or restrict any | ||||||
16 | occupational licensee:
(1) for violation of any provision of | ||||||
17 | this Act; (2) for violation of any
of the rules and regulations | ||||||
18 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
19 | would have disqualified the applicant from receiving
such | ||||||
20 | license; or (4) for default in the payment of any obligation or | ||||||
21 | debt
due to the State of Illinois; or (5) for any other just | ||||||
22 | cause.
| ||||||
23 | (f) A person who knowingly makes a false statement on an | ||||||
24 | application is
guilty of a Class A misdemeanor.
| ||||||
25 | (g) Any license issued pursuant to this Section shall be | ||||||
26 | valid for a
period of one year from the date of issuance.
|
| |||||||
| |||||||
1 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
2 | licensed
owner or electronic gaming licensee from entering into | ||||||
3 | an agreement with a public community college or a school | ||||||
4 | approved under the
Private Business and Vocational Schools Act | ||||||
5 | for the training of any
occupational licensee. Any training | ||||||
6 | offered by such a school shall be in
accordance with a written | ||||||
7 | agreement between the licensed owner or electronic gaming | ||||||
8 | licensee and the school.
| ||||||
9 | (i) Any training provided for occupational licensees may be | ||||||
10 | conducted
either at the site of the gambling facility on the | ||||||
11 | riverboat or at a school with which a licensed owner or | ||||||
12 | electronic gaming licensee has
entered into an agreement | ||||||
13 | pursuant to subsection (h).
| ||||||
14 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
15 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
16 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
17 | licensed owners or licensed managers on behalf
of the State | ||||||
18 | aboard riverboats . Gambling may be conducted by electronic | ||||||
19 | gaming licensees at electronic gaming facilities. Gambling | ||||||
20 | authorized under this Section is ,
subject to the following | ||||||
21 | standards:
| ||||||
22 | (1) A licensee may conduct riverboat gambling | ||||||
23 | authorized under this Act
regardless of whether it conducts | ||||||
24 | excursion cruises. A licensee may permit
the continuous | ||||||
25 | ingress and egress of patrons passengers on a riverboat not |
| |||||||
| |||||||
1 | used for excursion cruises for the purpose of gambling. | ||||||
2 | Excursion cruises shall not exceed 4 hours for a round | ||||||
3 | trip. However, the Board may grant express approval for an | ||||||
4 | extended cruise on a case-by-case basis.
| ||||||
5 | (2) (Blank).
| ||||||
6 | (3) Minimum and maximum wagers on games shall be set by | ||||||
7 | the licensee.
| ||||||
8 | (4) Agents of the Board and the Department of State | ||||||
9 | Police may board
and inspect any riverboat , enter and | ||||||
10 | inspect any portion of a casino, or enter and inspect any | ||||||
11 | portion of an electronic gaming facility at any time for | ||||||
12 | the purpose of determining
whether this Act is being | ||||||
13 | complied with. Every riverboat, if under way and
being | ||||||
14 | hailed by a law enforcement officer or agent of the Board, | ||||||
15 | must stop
immediately and lay to.
| ||||||
16 | (5) Employees of the Board shall have the right to be | ||||||
17 | present on the
riverboat or in the casino or on adjacent | ||||||
18 | facilities under the control of the licensee and at the | ||||||
19 | electronic gaming facility under the control of the | ||||||
20 | electronic gaming licensee .
| ||||||
21 | (6) Gambling equipment and supplies customarily used | ||||||
22 | in conducting
riverboat or casino gambling or electronic | ||||||
23 | gaming must be purchased or leased only from suppliers | ||||||
24 | licensed
for such purpose under this Act. The Board may | ||||||
25 | approve the transfer, sale, or lease of gambling equipment | ||||||
26 | and supplies by a licensed owner from or to an affiliate of |
| |||||||
| |||||||
1 | the licensed owner as long as the gambling equipment and | ||||||
2 | supplies were initially acquired from a supplier licensed | ||||||
3 | in Illinois.
| ||||||
4 | (7) Persons licensed under this Act shall permit no | ||||||
5 | form of wagering on
gambling games except as permitted by | ||||||
6 | this Act.
| ||||||
7 | (8) Wagers may be received only from a person present | ||||||
8 | on a licensed
riverboat , in a casino, or at an electronic | ||||||
9 | gaming facility . No person present on a licensed riverboat , | ||||||
10 | in a casino, or at an electronic gaming facility shall | ||||||
11 | place
or attempt to place a wager on behalf of another | ||||||
12 | person who is not present
on the riverboat , in a casino, or | ||||||
13 | at the electronic gaming facility .
| ||||||
14 | (9) Wagering , including electronic gaming, shall not | ||||||
15 | be conducted with money or other negotiable
currency.
| ||||||
16 | (10) A person under age 21 shall not be permitted on an | ||||||
17 | area of a
riverboat or casino where gambling is being | ||||||
18 | conducted or at an electronic gaming facility where | ||||||
19 | gambling is being conducted , except for a person at least
| ||||||
20 | 18 years of age who is an employee of the riverboat or | ||||||
21 | casino gambling operation or electronic gaming operation . | ||||||
22 | No
employee under age 21 shall perform any function | ||||||
23 | involved in gambling by
the patrons. No person under age 21 | ||||||
24 | shall be permitted to make a wager under
this Act, and any | ||||||
25 | winnings that are a result of a wager by a person under age | ||||||
26 | 21, whether or not paid by a licensee, shall be treated as |
| |||||||
| |||||||
1 | winnings for the privilege tax purposes, confiscated, and | ||||||
2 | forfeited to the State and deposited into the Education | ||||||
3 | Assistance Fund.
| ||||||
4 | (11) Gambling excursion cruises are permitted only | ||||||
5 | when the waterway for
which the riverboat is licensed is | ||||||
6 | navigable, as determined by
the Board in consultation with | ||||||
7 | the U.S. Army Corps of Engineers.
This paragraph (11) does | ||||||
8 | not limit the ability of a licensee to conduct
gambling | ||||||
9 | authorized under this Act when gambling excursion cruises | ||||||
10 | are not
permitted.
| ||||||
11 | (12) All tokens, chips or electronic cards used to make | ||||||
12 | wagers must be
purchased (i) from a licensed owner or | ||||||
13 | manager , in the case of a riverboat, either aboard a | ||||||
14 | riverboat or at
an onshore
facility which has been approved | ||||||
15 | by the Board and which is located where
the riverboat | ||||||
16 | docks , (ii) in the case of a casino, from a licensed owner | ||||||
17 | at the casino, or (iii) from an electronic gaming licensee | ||||||
18 | at the electronic gaming facility . The tokens, chips or | ||||||
19 | electronic cards may be
purchased by means of an agreement | ||||||
20 | under which the owner or manager extends
credit to
the | ||||||
21 | patron. Such tokens, chips or electronic cards may be used
| ||||||
22 | while aboard the riverboat , in the casino, or at the | ||||||
23 | electronic gaming facility only for the purpose of making | ||||||
24 | wagers on
gambling games.
| ||||||
25 | (13) Notwithstanding any other Section of this Act, in | ||||||
26 | addition to the
other licenses authorized under this Act, |
| |||||||
| |||||||
1 | the Board may issue special event
licenses allowing persons | ||||||
2 | who are not otherwise licensed to conduct
riverboat | ||||||
3 | gambling to conduct such gambling on a specified date or | ||||||
4 | series
of dates. Riverboat gambling under such a license | ||||||
5 | may take place on a
riverboat not normally used for | ||||||
6 | riverboat gambling. The Board shall
establish standards, | ||||||
7 | fees and fines for, and limitations upon, such
licenses, | ||||||
8 | which may differ from the standards, fees, fines and | ||||||
9 | limitations
otherwise applicable under this Act. All such | ||||||
10 | fees shall be deposited into
the State Gaming Fund. All | ||||||
11 | such fines shall be deposited into the
Education Assistance | ||||||
12 | Fund, created by Public Act 86-0018, of the State
of | ||||||
13 | Illinois.
| ||||||
14 | (14) In addition to the above, gambling must be | ||||||
15 | conducted in accordance
with all rules adopted by the | ||||||
16 | Board.
| ||||||
17 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
18 | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
| ||||||
19 | Sec. 11.1. Collection of amounts owing under credit | ||||||
20 | agreements. Notwithstanding any applicable statutory provision | ||||||
21 | to the contrary, a
licensed owner , or manager , or electronic | ||||||
22 | gaming licensee who extends credit to a riverboat gambling | ||||||
23 | patron or an electronic gaming patron
pursuant
to Section 11 | ||||||
24 | (a) (12) of this Act is expressly authorized to institute a
| ||||||
25 | cause of action to collect any amounts due and owing under the |
| |||||||
| |||||||
1 | extension of
credit, as well as the owner's or manager's costs, | ||||||
2 | expenses and reasonable
attorney's
fees incurred in | ||||||
3 | collection.
| ||||||
4 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
5 | (230 ILCS 10/12) (from Ch. 120, par. 2412)
| ||||||
6 | Sec. 12. Admission tax; fees.
| ||||||
7 | (a) A tax is hereby imposed upon admissions to riverboat | ||||||
8 | and casino gambling facilities riverboats operated by
licensed | ||||||
9 | owners authorized pursuant to this Act. Until July 1, 2002, the
| ||||||
10 | rate is $2 per person admitted. From July 1, 2002 until
July 1, | ||||||
11 | 2003, the rate is $3 per person admitted.
From July 1, 2003 | ||||||
12 | until August 23, 2005 (the effective date of Public Act | ||||||
13 | 94-673), for a licensee that admitted 1,000,000 persons or
| ||||||
14 | fewer in the previous calendar year, the rate is $3 per person | ||||||
15 | admitted; for a
licensee that admitted more than 1,000,000 but | ||||||
16 | no more than 2,300,000 persons
in the previous calendar year, | ||||||
17 | the rate is $4 per person admitted; and for
a licensee that | ||||||
18 | admitted more than 2,300,000 persons in the previous calendar
| ||||||
19 | year, the rate is $5 per person admitted.
Beginning on August | ||||||
20 | 23, 2005 (the effective date of Public Act 94-673), for a | ||||||
21 | licensee that admitted 1,000,000 persons or
fewer in calendar | ||||||
22 | year 2004, the rate is $2 per person admitted, and for all | ||||||
23 | other
licensees, including licensees that were not conducting | ||||||
24 | gambling operations in 2004, the rate is $3 per person | ||||||
25 | admitted.
This admission tax is imposed upon the
licensed owner |
| |||||||
| |||||||
1 | conducting gambling.
| ||||||
2 | (1) The admission tax shall be paid for each admission, | ||||||
3 | except that a person who exits a riverboat gambling | ||||||
4 | facility and reenters that riverboat gambling facility | ||||||
5 | within the same gaming day shall be subject only to the | ||||||
6 | initial admission tax.
| ||||||
7 | (2) (Blank).
| ||||||
8 | (3) The riverboat licensee may issue tax-free passes to
| ||||||
9 | actual and necessary officials and employees of the | ||||||
10 | licensee or other
persons actually working on the | ||||||
11 | riverboat.
| ||||||
12 | (4) The number and issuance of tax-free passes is | ||||||
13 | subject to the rules
of the Board, and a list of all | ||||||
14 | persons to whom the tax-free passes are
issued shall be | ||||||
15 | filed with the Board.
| ||||||
16 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
17 | licensed
managers on behalf of the State pursuant to Section | ||||||
18 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
19 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
20 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
21 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
22 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
23 | per person admitted; and for
a licensee that admitted more than | ||||||
24 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
25 | per person admitted.
| ||||||
26 | (1) The admission fee shall be paid for each admission.
|
| |||||||
| |||||||
1 | (2) (Blank).
| ||||||
2 | (3) The licensed manager may issue fee-free passes to | ||||||
3 | actual and necessary
officials and employees of the manager | ||||||
4 | or other persons actually working on the
riverboat.
| ||||||
5 | (4) The number and issuance of fee-free passes is | ||||||
6 | subject to the rules
of the Board, and a list of all | ||||||
7 | persons to whom the fee-free passes are
issued shall be | ||||||
8 | filed with the Board.
| ||||||
9 | (b) From the tax imposed under subsection (a) and the fee | ||||||
10 | imposed under
subsection (a-5), a municipality shall receive | ||||||
11 | from the State $1 for each
person embarking on a riverboat | ||||||
12 | docked within the municipality or entering a casino located | ||||||
13 | within the municipality , and a county
shall receive $1 for each | ||||||
14 | person entering a casino or embarking on a riverboat docked | ||||||
15 | within the
county but outside the boundaries of any | ||||||
16 | municipality. The municipality's or
county's share shall be | ||||||
17 | collected by the Board on behalf of the State and
remitted | ||||||
18 | quarterly by the State, subject to appropriation, to the | ||||||
19 | treasurer of
the unit of local government for deposit in the | ||||||
20 | general fund.
| ||||||
21 | (c) The licensed owner shall pay the entire admission tax | ||||||
22 | to the Board and
the licensed manager or the casino operator | ||||||
23 | licensee shall pay the entire admission fee to the Board.
Such | ||||||
24 | payments shall be made daily. Accompanying each payment shall | ||||||
25 | be a
return on forms provided by the Board which shall include | ||||||
26 | other
information regarding admissions as the Board may |
| |||||||
| |||||||
1 | require. Failure to
submit either the payment or the return | ||||||
2 | within the specified time may
result in suspension or | ||||||
3 | revocation of the owners or managers license.
| ||||||
4 | (c-5) A tax is imposed on admissions to electronic gaming | ||||||
5 | facilities at the rate of $3 per person admitted by an | ||||||
6 | electronic gaming licensee. The tax is imposed upon the | ||||||
7 | electronic gaming licensee. | ||||||
8 | (1) The admission tax shall be paid for each admission, | ||||||
9 | except that a person who exits an electronic gaming | ||||||
10 | facility and reenters that electronic gaming facility | ||||||
11 | within the same gaming day, as the term "gaming day" is | ||||||
12 | defined by the Board by rule, shall be subject only to the | ||||||
13 | initial admission tax. The Board shall establish, by rule, | ||||||
14 | a procedure to determine whether a person admitted to an | ||||||
15 | electronic gaming facility has paid the admission tax. | ||||||
16 | (2) An electronic gaming licensee may issue tax-free | ||||||
17 | passes to actual and necessary officials and employees of | ||||||
18 | the licensee and other persons associated with electronic | ||||||
19 | gaming operations. | ||||||
20 | (3) The number and issuance of tax-free passes is | ||||||
21 | subject to the rules of the Board, and a list of all | ||||||
22 | persons to whom the tax-free passes are issued shall be
| ||||||
23 | filed with the Board. | ||||||
24 | (4) The electronic gaming licensee shall pay the entire | ||||||
25 | admission tax to the Board. | ||||||
26 | Such payments shall be made daily. Accompanying each |
| |||||||
| |||||||
1 | payment shall be a return on forms provided by the Board, which | ||||||
2 | shall include other information regarding admission as the | ||||||
3 | Board may require. Failure to submit either the payment or the | ||||||
4 | return within the specified time may result in suspension or | ||||||
5 | revocation of the electronic gaming license. | ||||||
6 | From the tax imposed under this subsection (c-5), a | ||||||
7 | municipality other than the Village of Stickney or the City of | ||||||
8 | Collinsville in which an electronic gaming facility is located, | ||||||
9 | or if the electronic gaming facility is not located within a | ||||||
10 | municipality, then the county in which the electronic gaming | ||||||
11 | facility is located, shall receive, subject to appropriation, | ||||||
12 | $1 for each person who enters the electronic gaming facility. | ||||||
13 | From the tax imposed under this subsection (c-5) on an | ||||||
14 | electronic gaming facility located in the Village of Stickney, | ||||||
15 | $1 for each person who enters the electronic gaming facility | ||||||
16 | shall be distributed as follows, subject to appropriation: | ||||||
17 | $0.25 to the Village of Stickney, $.50 to the Town of Cicero, | ||||||
18 | and $0.25 to the Stickney Public Health District. For each | ||||||
19 | admission to the electronic gaming facility in excess of | ||||||
20 | 1,500,000 in a year, from the tax imposed under this subsection | ||||||
21 | (c-5), the county in which the electronic gaming facility is | ||||||
22 | located shall receive, subject to appropriation, $0.30, which | ||||||
23 | shall be in addition to any other moneys paid to the county | ||||||
24 | under this Section. | ||||||
25 | From the tax imposed under this subsection (c-5) on an | ||||||
26 | electronic gaming facility located in the City of Collinsville, |
| |||||||
| |||||||
1 | $1 for each person who enters the electronic gaming facility | ||||||
2 | shall be distributed as follows, subject to appropriation: | ||||||
3 | $0.45 to the City of Alton, $0.45 to the City of East St. | ||||||
4 | Louis, and $0.10 to the City of Collinsville. | ||||||
5 | From the tax imposed under this subsection (c-5) on an | ||||||
6 | electronic gaming facility that is located in an unincorporated | ||||||
7 | area of Cook County and has been awarded
standardbred racing | ||||||
8 | dates during 2010 by the Illinois Racing Board, $1 for each | ||||||
9 | person who enters the electronic gaming facility shall be | ||||||
10 | distributed as follows, subject to appropriation: $0.50 to the | ||||||
11 | Village of Melrose Park and $0.50 to Cook County. | ||||||
12 | After payments required under this subsection (c-5) have | ||||||
13 | been made, all remaining amounts shall be deposited into the | ||||||
14 | Capital Projects Fund. | ||||||
15 | (d) The Board shall administer and collect the admission | ||||||
16 | tax imposed by
this Section, to the extent practicable, in a | ||||||
17 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
18 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
19 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
20 | Penalty and Interest Act.
| ||||||
21 | (Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
| ||||||
22 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
23 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
24 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
25 | gross
receipts received from gambling games authorized under |
| |||||||
| |||||||
1 | this Act at the rate of
20%.
| ||||||
2 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
3 | tax is
imposed on persons engaged in the business of conducting | ||||||
4 | riverboat gambling
operations, based on the adjusted gross | ||||||
5 | receipts received by a licensed owner
from gambling games | ||||||
6 | authorized under this Act at the following rates:
| ||||||
7 | 15% of annual adjusted gross receipts up to and | ||||||
8 | including $25,000,000;
| ||||||
9 | 20% of annual adjusted gross receipts in excess of | ||||||
10 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
11 | 25% of annual adjusted gross receipts in excess of | ||||||
12 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
13 | 30% of annual adjusted gross receipts in excess of | ||||||
14 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
15 | 35% of annual adjusted gross receipts in excess of | ||||||
16 | $100,000,000.
| ||||||
17 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
18 | is imposed on
persons engaged in the business of conducting | ||||||
19 | riverboat gambling operations,
other than licensed managers | ||||||
20 | conducting riverboat gambling operations on behalf
of the | ||||||
21 | State, based on the adjusted gross receipts received by a | ||||||
22 | licensed
owner from gambling games authorized under this Act at | ||||||
23 | the following rates:
| ||||||
24 | 15% of annual adjusted gross receipts up to and | ||||||
25 | including $25,000,000;
| ||||||
26 | 22.5% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
2 | 27.5% of annual adjusted gross receipts in excess of | ||||||
3 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
4 | 32.5% of annual adjusted gross receipts in excess of | ||||||
5 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
6 | 37.5% of annual adjusted gross receipts in excess of | ||||||
7 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
8 | 45% of annual adjusted gross receipts in excess of | ||||||
9 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
10 | 50% of annual adjusted gross receipts in excess of | ||||||
11 | $200,000,000.
| ||||||
12 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
13 | persons engaged
in the business of conducting riverboat | ||||||
14 | gambling operations, other than
licensed managers conducting | ||||||
15 | riverboat gambling operations on behalf of the
State, based on | ||||||
16 | the adjusted gross receipts received by a licensed owner from
| ||||||
17 | gambling games authorized under this Act at the following | ||||||
18 | rates:
| ||||||
19 | 15% of annual adjusted gross receipts up to and | ||||||
20 | including $25,000,000;
| ||||||
21 | 27.5% of annual adjusted gross receipts in excess of | ||||||
22 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
23 | 32.5% of annual adjusted gross receipts in excess of | ||||||
24 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
25 | 37.5% of annual adjusted gross receipts in excess of | ||||||
26 | $50,000,000 but not
exceeding $75,000,000;
|
| |||||||
| |||||||
1 | 45% of annual adjusted gross receipts in excess of | ||||||
2 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
3 | 50% of annual adjusted gross receipts in excess of | ||||||
4 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
5 | 70% of annual adjusted gross receipts in excess of | ||||||
6 | $250,000,000.
| ||||||
7 | An amount equal to the amount of wagering taxes collected | ||||||
8 | under this
subsection (a-3) that are in addition to the amount | ||||||
9 | of wagering taxes that
would have been collected if the | ||||||
10 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
11 | be paid into the Common School Fund.
| ||||||
12 | The privilege tax imposed under this subsection (a-3) shall | ||||||
13 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
14 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
15 | gambling operations are conducted
pursuant to a dormant | ||||||
16 | license; or (iii) the first day that riverboat gambling
| ||||||
17 | operations are conducted under the authority of an owners | ||||||
18 | license that is in
addition to the 10 owners licenses initially | ||||||
19 | authorized under this Act.
For the purposes of this subsection | ||||||
20 | (a-3), the term "dormant license"
means an owners license that | ||||||
21 | is authorized by this Act under which no
riverboat gambling | ||||||
22 | operations are being conducted on June 20, 2003.
| ||||||
23 | (a-4) Beginning on the first day on which the tax imposed | ||||||
24 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
25 | imposed on persons
engaged in the business of conducting | ||||||
26 | riverboat or casino gambling or electronic gaming operations, |
| |||||||
| |||||||
1 | other
than licensed managers conducting riverboat gambling | ||||||
2 | operations on behalf of
the State, based on the adjusted gross | ||||||
3 | receipts received by a licensed owner
from gambling games | ||||||
4 | authorized under this Act at the following rates:
| ||||||
5 | 15% of annual adjusted gross receipts up to and | ||||||
6 | including $25,000,000;
| ||||||
7 | 22.5% of annual adjusted gross receipts in excess of | ||||||
8 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
9 | 27.5% of annual adjusted gross receipts in excess of | ||||||
10 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
11 | 32.5% of annual adjusted gross receipts in excess of | ||||||
12 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
13 | 37.5% of annual adjusted gross receipts in excess of | ||||||
14 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
15 | 45% of annual adjusted gross receipts in excess of | ||||||
16 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
17 | 50% of annual adjusted gross receipts in excess of | ||||||
18 | $200,000,000.
| ||||||
19 | (a-5) Beginning on January 1, 2012, a privilege tax is | ||||||
20 | imposed on persons engaged in the business of conducting | ||||||
21 | riverboat or casino gambling or electronic gaming operations, | ||||||
22 | other than licensed managers conducting riverboat gambling | ||||||
23 | operations on behalf of the State, based on the adjusted gross | ||||||
24 | receipts received by a licensed owner from the gambling games | ||||||
25 | authorized under this Act. The privilege tax for all gambling | ||||||
26 | games other than table games, including, but not limited to, |
| |||||||
| |||||||
1 | slot machines, video game of chance gambling, and electronic | ||||||
2 | gambling games shall be at the following rates: | ||||||
3 | 12% of annual adjusted gross receipts up to and | ||||||
4 | including $25,000,000; | ||||||
5 | 19.5% of annual adjusted gross receipts in excess of | ||||||
6 | $25,000,000 but not exceeding $50,000,000; | ||||||
7 | 24.5% of annual adjusted gross receipts in excess of | ||||||
8 | $50,000,000 but not exceeding $75,000,000; | ||||||
9 | 29.5% of annual adjusted gross receipts in excess of | ||||||
10 | $75,000,000 but not exceeding $100,000,000; | ||||||
11 | 34.5% of annual adjusted gross receipts in excess of | ||||||
12 | $100,000,000 but not exceeding $150,000,000; | ||||||
13 | 39% of annual adjusted gross receipts in excess of | ||||||
14 | $150,000,000 but not exceeding $200,000,000; | ||||||
15 | 44% of annual adjusted gross receipts in excess of | ||||||
16 | $200,000,000. | ||||||
17 | The privilege tax for table games shall be at the following | ||||||
18 | rates: | ||||||
19 | 12% of annual adjusted gross receipts up to and | ||||||
20 | including $25,000,000; | ||||||
21 | 19.5% of annual adjusted gross receipts in excess of | ||||||
22 | $25,000,000 but not exceeding $50,000,000; | ||||||
23 | 24.5% of annual adjusted gross receipts in excess of | ||||||
24 | $50,000,000 but not exceeding $75,000,000; | ||||||
25 | 29.5% of annual adjusted gross receipts in excess of | ||||||
26 | $75,000,000 but not exceeding $100,000,000; |
| |||||||
| |||||||
1 | 34.5% of annual adjusted gross receipts in excess of | ||||||
2 | $100,000,000. | ||||||
3 | For the imposition of the privilege tax in this subsection | ||||||
4 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
5 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
6 | be included in the determination of adjusted gross receipts. | ||||||
7 | From the effective date of this amendatory Act of the 96th | ||||||
8 | General Assembly until June 30, 2015, an owners licensee that | ||||||
9 | (i) is located within 15 miles of the Missouri border and (ii) | ||||||
10 | has at least 3 riverboats, casinos, or their equivalent within | ||||||
11 | a 45-mile radius, may be authorized to relocate to a new | ||||||
12 | location with the approval of the unit of local government that | ||||||
13 | was designated as the home dock of the riverboat on January 1, | ||||||
14 | 2010 and with Board approval and shall receive a | ||||||
15 | dollar-for-dollar credit by the Board for any renovation or | ||||||
16 | construction costs paid by the owners licensee, but in no event | ||||||
17 | shall the credit exceed $2,000,000. | ||||||
18 | (a-6) Beginning on July 1, 2013, a privilege tax is imposed | ||||||
19 | on persons engaged in the business of conducting riverboat or | ||||||
20 | casino gambling or electronic gaming operations, other than | ||||||
21 | licensed managers conducting riverboat gambling operations on | ||||||
22 | behalf of the State, based on the adjusted gross receipts | ||||||
23 | received by a licensed owner from the gambling games authorized | ||||||
24 | under this Act. The privilege tax for all gambling games other | ||||||
25 | than table games, including, but not limited to, slot machines, | ||||||
26 | video game of chance gambling, and electronic gambling games |
| |||||||
| |||||||
1 | shall be at the following rates: | ||||||
2 | 10% of annual adjusted gross receipts up to and | ||||||
3 | including $25,000,000; | ||||||
4 | 17.5% of annual adjusted gross receipts in excess of | ||||||
5 | $25,000,000 but not exceeding $50,000,000; | ||||||
6 | 22.5% of annual adjusted gross receipts in excess of | ||||||
7 | $50,000,000 but not exceeding $75,000,000; | ||||||
8 | 27.5% of annual adjusted gross receipts in excess of | ||||||
9 | $75,000,000 but not exceeding $100,000,000; | ||||||
10 | 32.5% of annual adjusted gross receipts in excess of | ||||||
11 | $100,000,000 but not exceeding $150,000,000; | ||||||
12 | 35% of annual adjusted gross receipts in excess of | ||||||
13 | $150,000,000 but not exceeding $200,000,000; | ||||||
14 | 40% of annual adjusted gross receipts in excess of | ||||||
15 | $200,000,000. | ||||||
16 | The privilege tax for table games shall be at the following | ||||||
17 | rates: | ||||||
18 | 10% of annual adjusted gross receipts up to and | ||||||
19 | including $25,000,000; | ||||||
20 | 17.5% of annual adjusted gross receipts in excess of | ||||||
21 | $25,000,000 but not exceeding $50,000,000; | ||||||
22 | 22.5% of annual adjusted gross receipts in excess of | ||||||
23 | $50,000,000 but not exceeding $75,000,000; | ||||||
24 | 27.5% of annual adjusted gross receipts in excess of | ||||||
25 | $75,000,000 but not exceeding $100,000,000; | ||||||
26 | 32.5% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $100,000,000. | ||||||
2 | For the imposition of the privilege tax in this subsection | ||||||
3 | (a-6), amounts paid pursuant to item (1) of subsection (b) of | ||||||
4 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
5 | be included in the determination of adjusted gross receipts. | ||||||
6 | (a-7) From January 1, 2013 until January 1, 2016, if the | ||||||
7 | total obligation imposed pursuant to either subsection (a-5) or | ||||||
8 | (a-6) will result in an owners licensee receiving less | ||||||
9 | after-tax adjusted gross receipts than it received in calendar | ||||||
10 | year 2012, then the Board must reduce the total amount of | ||||||
11 | privilege taxes that an owners licensee is required to pay for | ||||||
12 | that calendar year pursuant to this subsection by 3%. For | ||||||
13 | purposes of this subsection, "after-tax adjusted gross | ||||||
14 | receipts" means the adjusted gross receipts less privilege | ||||||
15 | taxes paid to the State. | ||||||
16 | (a-8) Riverboat gambling operations conducted by a | ||||||
17 | licensed manager on
behalf of the State are not subject to the | ||||||
18 | tax imposed under this Section.
| ||||||
19 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
20 | the licensed
owner or the electronic gaming licensee to the | ||||||
21 | Board not later than 5:00 o'clock p.m. of the day after the day
| ||||||
22 | when the wagers were made.
| ||||||
23 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
24 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
25 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
26 | licensee, other than an owners licensee that admitted 1,000,000 |
| |||||||
| |||||||
1 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
2 | the payment of all amounts otherwise due under this Section, | ||||||
3 | pay to the Board a reconciliation payment in the amount, if | ||||||
4 | any, by which the licensed owner's base amount exceeds the | ||||||
5 | amount of net privilege tax paid by the licensed owner to the | ||||||
6 | Board in the then current State fiscal year. A licensed owner's | ||||||
7 | net privilege tax obligation due for the balance of the State | ||||||
8 | fiscal year shall be reduced up to the total of the amount paid | ||||||
9 | by the licensed owner in its June 15 reconciliation payment. | ||||||
10 | The obligation imposed by this subsection (a-15) is binding on | ||||||
11 | any person, firm, corporation, or other entity that acquires an | ||||||
12 | ownership interest in any such owners license. The obligation | ||||||
13 | imposed under this subsection (a-15) terminates on the earliest | ||||||
14 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
15 | date of this amendatory Act of the 94th General Assembly that | ||||||
16 | riverboat gambling operations are conducted pursuant to a | ||||||
17 | dormant license, (iii) the first day that riverboat gambling | ||||||
18 | operations are conducted under the authority of an owners | ||||||
19 | license that is in addition to the 10 owners licenses initially | ||||||
20 | authorized under this Act, or (iv) the first day that a | ||||||
21 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
22 | gaming operations with slot machines or other electronic gaming | ||||||
23 | devices. The Board must reduce the obligation imposed under | ||||||
24 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
25 | for any of the following reasons: (A) an act or acts of God, | ||||||
26 | (B) an act of bioterrorism or terrorism or a bioterrorism or |
| |||||||
| |||||||
1 | terrorism threat that was investigated by a law enforcement | ||||||
2 | agency, or (C) a condition beyond the control of the owners | ||||||
3 | licensee that does not result from any act or omission by the | ||||||
4 | owners licensee or any of its agents and that poses a hazardous | ||||||
5 | threat to the health and safety of patrons. If an owners | ||||||
6 | licensee pays an amount in excess of its liability under this | ||||||
7 | Section, the Board shall apply the overpayment to future | ||||||
8 | payments required under this Section. | ||||||
9 | For purposes of this subsection (a-15): | ||||||
10 | "Act of God" means an incident caused by the operation of | ||||||
11 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
12 | avoided by the exercise of due care, and for which no person | ||||||
13 | can be held liable.
| ||||||
14 | "Base amount" means the following: | ||||||
15 | For a riverboat in Alton, $31,000,000.
| ||||||
16 | For a riverboat in East Peoria, $43,000,000.
| ||||||
17 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
18 | For a riverboat in Metropolis, $45,000,000.
| ||||||
19 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
20 | For a riverboat in Aurora, $86,000,000.
| ||||||
21 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
22 | For a riverboat in Elgin, $198,000,000.
| ||||||
23 | "Dormant license" has the meaning ascribed to it in | ||||||
24 | subsection (a-3).
| ||||||
25 | "Net privilege tax" means all privilege taxes paid by a | ||||||
26 | licensed owner to the Board under this Section, less all |
| |||||||
| |||||||
1 | payments made from the State Gaming Fund pursuant to subsection | ||||||
2 | (b) of this Section. | ||||||
3 | The changes made to this subsection (a-15) by Public Act | ||||||
4 | 94-839 are intended to restate and clarify the intent of Public | ||||||
5 | Act 94-673 with respect to the amount of the payments required | ||||||
6 | to be made under this subsection by an owners licensee to the | ||||||
7 | Board.
| ||||||
8 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
9 | in the State
Gaming Fund under this Section shall be paid, | ||||||
10 | subject to appropriation by the
General Assembly, to the unit | ||||||
11 | of local government which is designated as the
home dock of the | ||||||
12 | riverboat. Beginning January 1, 1998, from the tax revenue from | ||||||
13 | riverboat or casino gambling
deposited in the State Gaming Fund | ||||||
14 | under this Section, an amount equal to 5% of
adjusted gross | ||||||
15 | receipts generated by a riverboat or a casino shall be paid | ||||||
16 | monthly, subject
to appropriation by the General Assembly, to | ||||||
17 | the unit of local government that
is designated as the home | ||||||
18 | dock of the riverboat. From the tax revenue
deposited in the | ||||||
19 | State Gaming Fund pursuant to riverboat or casino gambling | ||||||
20 | operations
conducted by a licensed manager on behalf of the | ||||||
21 | State, an amount equal to 5%
of adjusted gross receipts | ||||||
22 | generated pursuant to those riverboat or casino gambling
| ||||||
23 | operations shall be paid monthly,
subject to appropriation by | ||||||
24 | the General Assembly, to the unit of local
government that is | ||||||
25 | designated as the home dock of the riverboat upon which
those | ||||||
26 | riverboat gambling operations are conducted or in which the |
| |||||||
| |||||||
1 | casino is located. Units of local government may refund any | ||||||
2 | portion of the payment that they receive pursuant to this | ||||||
3 | subsection (b) to the riverboat or casino .
| ||||||
4 | (b-5) Beginning on the effective date of this amendatory | ||||||
5 | Act of the 96th General Assembly, from the tax revenue
| ||||||
6 | deposited in the State Gaming Fund under this Section, an | ||||||
7 | amount equal to 3% of
adjusted gross receipts generated by each | ||||||
8 | electronic gaming facility located outside Madison County | ||||||
9 | shall be paid monthly, subject
to appropriation by the General | ||||||
10 | Assembly, to a municipality outside of Madison County other | ||||||
11 | than the Village of Stickney in which each electronic gaming | ||||||
12 | facility is located or, if the electronic gaming facility is | ||||||
13 | not located within a municipality, to the county in which the | ||||||
14 | electronic gaming facility is located, except as otherwise | ||||||
15 | provided in this Section. From the tax revenue deposited in the | ||||||
16 | State Gaming Fund under this Section, an amount equal to 3% of | ||||||
17 | adjusted gross receipts generated by each electronic gaming | ||||||
18 | facility that is located in an unincorporated area of Cook | ||||||
19 | County and has been awarded standardbred racing dates during | ||||||
20 | 2010 by the Illinois Racing Board shall be paid monthly, | ||||||
21 | subject to appropriation by the General Assembly, as follows: | ||||||
22 | 50% to the Village of Melrose Park and 50% to Cook County. From | ||||||
23 | the tax revenue deposited in the State Gaming Fund under this | ||||||
24 | Section, an amount equal to 3% of adjusted gross receipts | ||||||
25 | generated by an electronic gaming facility located in the | ||||||
26 | Village of Stickney shall be paid monthly, subject to |
| |||||||
| |||||||
1 | appropriation by the General Assembly, as follows: 25% to the | ||||||
2 | Village of Stickney, 50% to the Town of Cicero, and 25% to the | ||||||
3 | Stickney Public Health District. | ||||||
4 | From the tax revenue deposited in the State Gaming Fund | ||||||
5 | under this Section, an amount equal to 3% of adjusted gross | ||||||
6 | receipts generated by an electronic gaming facility located in | ||||||
7 | the City of Collinsville shall be paid monthly, subject to | ||||||
8 | appropriation by the General Assembly, as follows: 45% to the | ||||||
9 | City of Alton, 45% to the City of East St. Louis, and 10% to the | ||||||
10 | City of Collinsville. | ||||||
11 | Beginning on the effective date of this amendatory Act of | ||||||
12 | the 96th General Assembly, from the tax revenue deposited in | ||||||
13 | the State Gaming Fund under this Section, an amount equal to | ||||||
14 | (i) 1% of adjusted gross receipts generated by an electronic | ||||||
15 | gaming facility located in Madison County shall be paid | ||||||
16 | monthly, subject to appropriation by the General Assembly, to | ||||||
17 | Madison County for the purposes of infrastructure | ||||||
18 | improvements, and (ii) 1% of adjusted gross receipts generated | ||||||
19 | by an electronic gaming facility located in Madison County | ||||||
20 | shall be paid monthly, subject to appropriation by the General | ||||||
21 | Assembly, to St. Clair County for the purposes of | ||||||
22 | infrastructure improvements. | ||||||
23 | Municipalities and counties may refund any portion of the | ||||||
24 | payment that they receive pursuant to this subsection (b-5) to | ||||||
25 | the electronic gaming facility. | ||||||
26 | (b-6) Beginning on the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 96th General Assembly, from the tax revenue | ||||||
2 | deposited in the State Gaming Fund under this Section, an | ||||||
3 | amount equal to 2% of adjusted gross receipts generated by an | ||||||
4 | electronic gaming facility located outside Madison County | ||||||
5 | shall be paid monthly, subject to appropriation by the General | ||||||
6 | Assembly, to the county in which the electronic gaming facility | ||||||
7 | is located for the purposes of its criminal justice system or | ||||||
8 | health care system. | ||||||
9 | Counties may refund any portion of the payment that they | ||||||
10 | receive pursuant to this subsection (b-6) to the electronic | ||||||
11 | gaming facility. | ||||||
12 | (b-7) The State and County Fair Assistance Fund is created | ||||||
13 | as a special fund in the State treasury. The Fund shall be | ||||||
14 | administered by the Department of Agriculture. Beginning on the | ||||||
15 | effective date of this amendatory Act of the 96th General | ||||||
16 | Assembly, from the tax revenue deposited in the State Gaming | ||||||
17 | Fund under this Section, an amount equal to 2% of adjusted | ||||||
18 | gross receipts, not to exceed $1,000,000, shall be paid into | ||||||
19 | the State and County Fair Assistance Fund annually. No moneys | ||||||
20 | shall be expended from the State and County Fair Assistance | ||||||
21 | Fund except as appropriated by the General Assembly. | ||||||
22 | The Department of Agriculture is authorized to award grants | ||||||
23 | from moneys appropriated from the State and County Fair | ||||||
24 | Assistance Fund to counties for the development, expansion, or | ||||||
25 | support of county fairs that showcase Illinois agriculture | ||||||
26 | products or byproducts. No grant may exceed $20,000. Not more |
| |||||||
| |||||||
1 | than one grant under this Section may be made to any one county | ||||||
2 | except for Sangamon County and Perry County, which shall be | ||||||
3 | entitled to an additional grant for the Illinois State Fair and | ||||||
4 | the DuQuoin State Fair, respectively. | ||||||
5 | (b-8) Beginning on the effective date of this amendatory | ||||||
6 | Act of the 96th General Assembly, from the tax revenue | ||||||
7 | deposited in the State Gaming Fund under this Section, $250,000 | ||||||
8 | shall be deposited annually into the Illinois Racing Quarter | ||||||
9 | Horse Breeders Fund. | ||||||
10 | (b-10) Beginning on the effective date of this amendatory | ||||||
11 | Act of the 96th General Assembly, from the tax revenue | ||||||
12 | deposited in the State Gaming Fund under this Section, an | ||||||
13 | amount equal to 10% of the wagering taxes paid by the | ||||||
14 | riverboats and casino created pursuant to subsections (e-5) and | ||||||
15 | (e-10) of Section 7 shall be paid into the Depressed | ||||||
16 | Communities Economic Development Fund annually. | ||||||
17 | (c) Appropriations, as approved by the General Assembly, | ||||||
18 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
19 | administration and enforcement of this Act and the Video Gaming | ||||||
20 | Act, (ii) for distribution to the Department of State Police | ||||||
21 | and to the Department of Revenue for the enforcement of this | ||||||
22 | Act, and (iii) to the
Department of Human Services for the | ||||||
23 | administration of programs to treat
problem gambling. From the | ||||||
24 | tax revenue deposited in the State Gaming Fund under this | ||||||
25 | Section, $10,000,000 shall be paid annually to the Department | ||||||
26 | of Human Services for the administration of programs to treat |
| |||||||
| |||||||
1 | problem gambling. The Board's annual appropriations request | ||||||
2 | must separately state its funding needs for the regulation of | ||||||
3 | electronic gaming, riverboat gaming, casino gaming within the | ||||||
4 | City of Chicago, and video gaming. | ||||||
5 | (c-3) Appropriations, as approved by the General Assembly, | ||||||
6 | may be made from the tax revenue deposited into the State | ||||||
7 | Gaming Fund from electronic gaming pursuant to this Section for | ||||||
8 | the administration and enforcement of this Act.
| ||||||
9 | (c-4) After payments required under subsection (b-5), | ||||||
10 | (b-6), (b-7), (b-8), (c), and (c-3) have been made from the tax | ||||||
11 | revenue from electronic gaming deposited into the State Gaming | ||||||
12 | Fund under this Section, all remaining amounts from electronic | ||||||
13 | gaming shall be deposited into the Capital Projects Fund. | ||||||
14 | (c-5) (Blank). Before May 26, 2006 (the effective date of | ||||||
15 | Public Act 94-804) and beginning on the effective date of this | ||||||
16 | amendatory Act of the 95th General Assembly, unless any | ||||||
17 | organization licensee under the Illinois Horse Racing Act of | ||||||
18 | 1975 begins to operate a slot machine or video game of chance | ||||||
19 | under the Illinois Horse Racing Act of 1975 or this Act, after | ||||||
20 | the payments required under subsections (b) and (c) have been
| ||||||
21 | made, an amount equal to 15% of the adjusted gross receipts of | ||||||
22 | (1) an owners
licensee that relocates pursuant to Section 11.2,
| ||||||
23 | (2) an owners licensee
conducting riverboat gambling | ||||||
24 | operations
pursuant to an
owners license that is initially | ||||||
25 | issued after June
25, 1999,
or (3) the first
riverboat gambling | ||||||
26 | operations conducted by a licensed manager on behalf of the
|
| |||||||
| |||||||
1 | State under Section 7.3,
whichever comes first, shall be paid | ||||||
2 | from the State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
3 | (c-10) (Blank). Each year the General Assembly shall | ||||||
4 | appropriate from the General
Revenue Fund to the Education | ||||||
5 | Assistance Fund an amount equal to the amount
paid into the | ||||||
6 | Horse Racing Equity Fund pursuant to subsection (c-5) in the
| ||||||
7 | prior calendar year.
| ||||||
8 | (c-15) After the payments required under subsections (b), | ||||||
9 | (b-5), (b-6), (b-7), (b-8), and (c) , and (c-5)
have been made, | ||||||
10 | an amount equal to 2% of the adjusted gross receipts of (1)
an | ||||||
11 | owners licensee that relocates pursuant to Section 11.2, (2) an | ||||||
12 | owners
licensee conducting riverboat gambling operations | ||||||
13 | pursuant to
an
owners license that is initially issued after | ||||||
14 | June 25, 1999 and before the effective date of this amendatory | ||||||
15 | Act of the 96th General Assembly ,
or (3) the first
riverboat | ||||||
16 | gambling operations conducted by a licensed manager on behalf | ||||||
17 | of the
State under Section 7.3,
whichever comes first, shall be | ||||||
18 | paid, subject to appropriation
from the General Assembly, from | ||||||
19 | the State Gaming Fund to each home rule
county with a | ||||||
20 | population of over 3,000,000 inhabitants for the purpose of
| ||||||
21 | enhancing the county's criminal justice system.
| ||||||
22 | (c-20) Each year the General Assembly shall appropriate | ||||||
23 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
24 | an amount equal to the amount
paid to each home rule county | ||||||
25 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
26 | subsection (c-15) in the prior calendar year.
|
| |||||||
| |||||||
1 | (c-25) After the payments required under subsections (b), | ||||||
2 | (b-5), (b-6), (b-7), (b-8), (c), (c-5) and
(c-15) have been | ||||||
3 | made, an amount equal to 2% of the
adjusted gross receipts of | ||||||
4 | (1) an owners licensee
that
relocates pursuant to Section 11.2, | ||||||
5 | (2) an
owners
licensee conducting riverboat gambling | ||||||
6 | operations pursuant to
an
owners license
that is initially | ||||||
7 | issued after June 25, 1999 and before the effective date of | ||||||
8 | this amendatory Act of the 96th General Assembly ,
or (3) the | ||||||
9 | first
riverboat gambling operations conducted by a licensed | ||||||
10 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
11 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
12 | Chicago State University.
| ||||||
13 | (d) From time to time, the
Board shall transfer the | ||||||
14 | remainder of the funds
generated by this Act into the Education
| ||||||
15 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
16 | Illinois.
| ||||||
17 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
18 | government
designated as the home dock of the riverboat from | ||||||
19 | entering into agreements
with other units of local government | ||||||
20 | in this State or in other states to
share its portion of the | ||||||
21 | tax revenue.
| ||||||
22 | (f) To the extent practicable, the Board shall administer | ||||||
23 | and collect the
wagering taxes imposed by this Section in a | ||||||
24 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
25 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
26 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform |
| |||||||
| |||||||
1 | Penalty and Interest Act.
| ||||||
2 | (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08; | ||||||
3 | 96-37, eff. 7-13-09; 96-1392, eff. 1-1-11.)
| ||||||
4 | (230 ILCS 10/14) (from Ch. 120, par. 2414)
| ||||||
5 | Sec. 14. Licensees - Records - Reports - Supervision.
| ||||||
6 | (a) Licensed owners and electronic gaming licensees A | ||||||
7 | licensed owner shall keep his books and records so as to | ||||||
8 | clearly
show the following:
| ||||||
9 | (1) The amount received daily from admission fees.
| ||||||
10 | (2) The total amount of gross receipts.
| ||||||
11 | (3) The total amount of the adjusted gross receipts.
| ||||||
12 | (b) Licensed owners and electronic gaming licensees The | ||||||
13 | licensed owner shall furnish to the Board reports and | ||||||
14 | information as
the Board may require with respect to its | ||||||
15 | activities on forms designed and
supplied for such purpose by | ||||||
16 | the Board.
| ||||||
17 | (c) The books and records kept by a licensed owner as | ||||||
18 | provided by this Section are
public records and the | ||||||
19 | examination, publication, and dissemination of the
books and | ||||||
20 | records are governed by the provisions of The Freedom of | ||||||
21 | Information Act.
| ||||||
22 | (Source: P.A. 86-1029.)
| ||||||
23 | (230 ILCS 10/18) (from Ch. 120, par. 2418)
| ||||||
24 | Sec. 18. Prohibited Activities - Penalty.
|
| |||||||
| |||||||
1 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
2 | any of the
following:
| ||||||
3 | (1) Conducting gambling where wagering
is used or to be | ||||||
4 | used
without a license issued by the Board.
| ||||||
5 | (2) Conducting gambling where wagering
is permitted | ||||||
6 | other
than in the manner specified by Section 11.
| ||||||
7 | (b) A person is guilty of a Class B misdemeanor for doing | ||||||
8 | any of the
following:
| ||||||
9 | (1) permitting a person under 21 years to make a wager; | ||||||
10 | or
| ||||||
11 | (2) violating paragraph (12) of subsection (a) of | ||||||
12 | Section 11 of this Act.
| ||||||
13 | (c) A person wagering or accepting a wager at any location | ||||||
14 | outside the
riverboat , casino, or electronic gaming facility in | ||||||
15 | violation of paragraph is subject to the penalties in | ||||||
16 | paragraphs (1) or (2) of
subsection (a) of Section 28-1 of the | ||||||
17 | Criminal Code of 1961 is subject to the penalties provided in | ||||||
18 | that Section .
| ||||||
19 | (d) A person commits a Class 4 felony and, in addition, | ||||||
20 | shall be barred
for life from gambling operations riverboats | ||||||
21 | under the jurisdiction of the
Board, if the person does any of | ||||||
22 | the following:
| ||||||
23 | (1) Offers, promises, or gives anything of value or | ||||||
24 | benefit to a person
who is connected with a riverboat or | ||||||
25 | casino owner or electronic gaming licensee including, but
| ||||||
26 | not limited to, an officer or employee of a licensed owner |
| |||||||
| |||||||
1 | or electronic gaming licensee or holder of an
occupational | ||||||
2 | license pursuant to an agreement or arrangement or with the
| ||||||
3 | intent that the promise or thing of value or benefit will | ||||||
4 | influence the
actions of the person to whom the offer, | ||||||
5 | promise, or gift was made in order
to affect or attempt to | ||||||
6 | affect the outcome of a gambling game, or to
influence | ||||||
7 | official action of a member of the Board.
| ||||||
8 | (2) Solicits or knowingly accepts or receives a promise | ||||||
9 | of anything of
value or benefit while the person is | ||||||
10 | connected with a riverboat , or casino, or electronic gaming | ||||||
11 | facility,
including, but not limited to, an officer or | ||||||
12 | employee of a licensed owner or electronic gaming licensee ,
| ||||||
13 | or the holder of an occupational license, pursuant to an | ||||||
14 | understanding or
arrangement or with the intent that the | ||||||
15 | promise or thing of value or
benefit will influence the | ||||||
16 | actions of the person to affect or attempt to
affect the | ||||||
17 | outcome of a gambling game, or to influence official action | ||||||
18 | of a
member of the Board.
| ||||||
19 | (3) Uses or possesses with the intent to use a device | ||||||
20 | to assist:
| ||||||
21 | (i) In projecting the outcome of the game.
| ||||||
22 | (ii) In keeping track of the cards played.
| ||||||
23 | (iii) In analyzing the probability of the | ||||||
24 | occurrence of an event
relating to the gambling game.
| ||||||
25 | (iv) In analyzing the strategy for playing or | ||||||
26 | betting to be used in the
game except as permitted by |
| |||||||
| |||||||
1 | the Board.
| ||||||
2 | (4) Cheats at a gambling game.
| ||||||
3 | (5) Manufactures, sells, or distributes any cards, | ||||||
4 | chips, dice, game or
device which is intended to be used to | ||||||
5 | violate any provision of this Act.
| ||||||
6 | (6) Alters or misrepresents the outcome of a gambling | ||||||
7 | game on which
wagers have been made after the outcome is | ||||||
8 | made sure but before it is
revealed to the players.
| ||||||
9 | (7) Places a bet after acquiring knowledge, not | ||||||
10 | available to all players,
of the outcome of the gambling | ||||||
11 | game which is subject of the bet or to aid a
person in | ||||||
12 | acquiring the knowledge for the purpose of placing a bet
| ||||||
13 | contingent on that outcome.
| ||||||
14 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
15 | collect, or take,
money or anything of value in or from the | ||||||
16 | gambling games, with intent to
defraud, without having made | ||||||
17 | a wager contingent on winning a gambling game,
or claims, | ||||||
18 | collects, or takes an amount of money or thing of value of
| ||||||
19 | greater value than the amount won.
| ||||||
20 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
21 | game.
| ||||||
22 | (10) Possesses any key or device designed for the | ||||||
23 | purpose of opening,
entering, or affecting the operation of | ||||||
24 | a gambling game, drop box, or an
electronic or mechanical | ||||||
25 | device connected with the gambling game or for
removing | ||||||
26 | coins, tokens, chips or other contents of a gambling game. |
| |||||||
| |||||||
1 | This
paragraph (10) does not apply to a gambling licensee | ||||||
2 | or employee of a
gambling licensee acting in furtherance of | ||||||
3 | the employee's employment.
| ||||||
4 | (e) The possession of more than one of the devices | ||||||
5 | described in
subsection (d), paragraphs (3), (5), or (10) | ||||||
6 | permits a rebuttable
presumption that the possessor intended to | ||||||
7 | use the devices for cheating.
| ||||||
8 | (f) A person under the age of 21 who, except as authorized | ||||||
9 | under paragraph (10) of Section 11, enters upon a riverboat | ||||||
10 | commits a petty offense and is subject to a fine of not less | ||||||
11 | than $100 or more than $250 for a first offense and of not less | ||||||
12 | than $200 or more than $500 for a second or subsequent offense. | ||||||
13 | An action to prosecute any crime occurring on a riverboat
| ||||||
14 | shall be tried in the county of the dock at which the riverboat | ||||||
15 | is based.
| ||||||
16 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
17 | (230 ILCS 10/19) (from Ch. 120, par. 2419)
| ||||||
18 | Sec. 19. Forfeiture of property. (a) Except as provided in
| ||||||
19 | subsection (b), any riverboat , casino, or electronic gaming | ||||||
20 | facility
used for the conduct of gambling games in violation of | ||||||
21 | this Act shall be
considered a gambling place in violation of | ||||||
22 | Section 28-3 of the Criminal
Code of 1961, as now or hereafter | ||||||
23 | amended. Every gambling device found on
a riverboat , in a | ||||||
24 | casino, or at an electronic gaming facility operating gambling | ||||||
25 | games in violation of this
Act and every slot machine and video |
| |||||||
| |||||||
1 | game of chance found at an electronic gaming facility operating | ||||||
2 | gambling games in violation of this Act shall be subject to | ||||||
3 | seizure, confiscation and destruction as provided
in Section | ||||||
4 | 28-5 of the Criminal Code of 1961, as now or hereafter amended.
| ||||||
5 | (b) It is not a violation of this Act for a riverboat or | ||||||
6 | other
watercraft which is licensed for gaming by a contiguous | ||||||
7 | state to dock on
the shores of this State if the municipality | ||||||
8 | having jurisdiction of the
shores, or the county in the case of | ||||||
9 | unincorporated areas, has granted
permission for docking and no | ||||||
10 | gaming is conducted on the riverboat or other
watercraft while | ||||||
11 | it is docked on the shores of this State.
No gambling device | ||||||
12 | shall be subject to seizure, confiscation or
destruction if the | ||||||
13 | gambling device is located on a riverboat or other
watercraft | ||||||
14 | which is licensed for gaming by a contiguous state and which is
| ||||||
15 | docked on the shores of this State if the municipality having | ||||||
16 | jurisdiction
of the shores, or the county in the case of | ||||||
17 | unincorporated areas, has
granted permission for docking and no
| ||||||
18 | gaming is conducted on the riverboat or other watercraft while | ||||||
19 | it is docked on
the shores of this State.
| ||||||
20 | (Source: P.A. 86-1029.)
| ||||||
21 | (230 ILCS 10/20) (from Ch. 120, par. 2420)
| ||||||
22 | Sec. 20. Prohibited activities - civil penalties. Any | ||||||
23 | person who
conducts a gambling operation without first | ||||||
24 | obtaining a
license to do so, or who continues to conduct such | ||||||
25 | games after revocation
of his license, or any licensee who |
| |||||||
| |||||||
1 | conducts or allows to be
conducted any unauthorized gambling | ||||||
2 | games on a riverboat , in a casino, or at an electronic gaming | ||||||
3 | facility where it is
authorized to conduct its riverboat | ||||||
4 | gambling operation, in addition to
other penalties provided, | ||||||
5 | shall be subject to a civil penalty equal to the
amount of | ||||||
6 | gross receipts derived from wagering on the gambling games,
| ||||||
7 | whether unauthorized or authorized, conducted on that day as | ||||||
8 | well as
confiscation and forfeiture of all gambling game | ||||||
9 | equipment used in the
conduct of unauthorized gambling games.
| ||||||
10 | (Source: P.A. 86-1029.)
| ||||||
11 | (230 ILCS 10/23) (from Ch. 120, par. 2423)
| ||||||
12 | Sec. 23. The State Gaming Fund. On or after the effective | ||||||
13 | date of
this Act, except as provided for payments into the | ||||||
14 | Horse Racing Equity Trust Fund under subsection (a) of Section | ||||||
15 | 7, all of the fees and taxes collected pursuant to
this Act | ||||||
16 | shall be deposited into the State Gaming Fund, a
special fund | ||||||
17 | in the State Treasury, which is hereby created. The adjusted
| ||||||
18 | gross receipts of any riverboat gambling operations conducted | ||||||
19 | by a licensed
manager on behalf of the State remaining after | ||||||
20 | the payment of the fees and
expenses of the licensed manager | ||||||
21 | shall be deposited into the State Gaming
Fund. Fines and
| ||||||
22 | penalties collected pursuant to this Act shall be deposited | ||||||
23 | into the
Education Assistance Fund, created by Public Act | ||||||
24 | 86-0018, of the State of
Illinois.
| ||||||
25 | (Source: P.A. 93-28, eff. 6-20-03; 94-804, eff. 5-26-06.)
|
| |||||||
| |||||||
1 | Section 90-45. The Liquor Control Act of 1934 is amended by | ||||||
2 | changing Sections 5-1 and 6-30 as follows:
| ||||||
3 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
4 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
5 | Commission
shall be of the following classes: | ||||||
6 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
7 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
8 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
9 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
10 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, | ||||||
11 | (b) Distributor's license, | ||||||
12 | (c) Importing Distributor's license, | ||||||
13 | (d) Retailer's license, | ||||||
14 | (e) Special Event Retailer's license (not-for-profit), | ||||||
15 | (f) Railroad license, | ||||||
16 | (g) Boat license, | ||||||
17 | (h) Non-Beverage User's license, | ||||||
18 | (i) Wine-maker's premises license, | ||||||
19 | (j) Airplane license, | ||||||
20 | (k) Foreign importer's license, | ||||||
21 | (l) Broker's license, | ||||||
22 | (m) Non-resident dealer's
license, | ||||||
23 | (n) Brew Pub license, | ||||||
24 | (o) Auction liquor license, |
| |||||||
| |||||||
1 | (p) Caterer retailer license, | ||||||
2 | (q) Special use permit license, | ||||||
3 | (r) Winery shipper's license.
| ||||||
4 | No
person, firm, partnership, corporation, or other legal | ||||||
5 | business entity that is
engaged in the manufacturing of wine | ||||||
6 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
7 | wine manufacturer's license. | ||||||
8 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
9 | importation in bulk, storage, distribution and sale of | ||||||
10 | alcoholic liquor
to persons without the State, as may be | ||||||
11 | permitted by law and to licensees
in this State as follows: | ||||||
12 | Class 1. A Distiller may make sales and deliveries of | ||||||
13 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
14 | distributors, distributors and
non-beverage users and to no | ||||||
15 | other licensees. | ||||||
16 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
17 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
18 | rectifiers, importing distributors,
distributors, retailers | ||||||
19 | and non-beverage users and to no other licensees. | ||||||
20 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
21 | importing
distributors, distributors, and to non-licensees, | ||||||
22 | and to
retailers provided the brewer obtains an importing | ||||||
23 | distributor's license or
distributor's license in accordance | ||||||
24 | with the provisions of this Act. | ||||||
25 | Class 4. A first class wine-manufacturer may make sales and | ||||||
26 | deliveries of
up to 50,000 gallons of wine to manufacturers,
|
| |||||||
| |||||||
1 | importing
distributors and distributors, and to no other | ||||||
2 | licensees. | ||||||
3 | Class 5. A second class Wine manufacturer may make sales | ||||||
4 | and deliveries
of more than 50,000 gallons of wine to | ||||||
5 | manufacturers, importing distributors
and distributors and to | ||||||
6 | no other licensees. | ||||||
7 | Class 6. A first-class wine-maker's license shall allow the | ||||||
8 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
9 | storage
and sale of such
wine to distributors in the State and | ||||||
10 | to persons without the
State, as may be permitted by law. A | ||||||
11 | person who, prior to the effective date of this amendatory Act | ||||||
12 | of the 95th General Assembly, is a holder of a first-class | ||||||
13 | wine-maker's license and annually produces more than 25,000 | ||||||
14 | gallons of its own wine and who distributes its wine to | ||||||
15 | licensed retailers shall cease this practice on or before July | ||||||
16 | 1, 2008 in compliance with this amendatory Act of the 95th | ||||||
17 | General Assembly. | ||||||
18 | Class 7. A second-class wine-maker's license shall allow | ||||||
19 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
20 | per year, and
the
storage and sale of such wine
to distributors | ||||||
21 | in this State and to persons without the State, as may be
| ||||||
22 | permitted by law. A person who, prior to the effective date of | ||||||
23 | this amendatory Act of the 95th General Assembly, is a holder | ||||||
24 | of a second-class wine-maker's license and annually produces | ||||||
25 | more than 25,000 gallons of its own wine and who distributes | ||||||
26 | its wine to licensed retailers shall cease this practice on or |
| |||||||
| |||||||
1 | before July 1, 2008 in compliance with this amendatory Act of | ||||||
2 | the 95th General Assembly. | ||||||
3 | Class 8. A limited wine-manufacturer may make sales and | ||||||
4 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
5 | distributors, and to
non-licensees in accordance with the | ||||||
6 | provisions of this Act. | ||||||
7 | Class 9. A craft distiller license shall allow the | ||||||
8 | manufacture of up to 5,000 gallons of spirits by distillation | ||||||
9 | per year and the storage of such spirits. If a craft distiller | ||||||
10 | licensee is not affiliated with any other manufacturer, then | ||||||
11 | the craft distiller licensee may sell such spirits to | ||||||
12 | distributors in this State and non-licensees to the extent | ||||||
13 | permitted by any exemption approved by the Commission pursuant | ||||||
14 | to Section 6-4 of this Act. | ||||||
15 | Any craft distiller licensed under this Act who on the | ||||||
16 | effective date of this amendatory Act of the 96th General | ||||||
17 | Assembly was licensed as a distiller and manufactured no more | ||||||
18 | spirits than permitted by this Section shall not be required to | ||||||
19 | pay the initial licensing fee. | ||||||
20 | (a-1) A manufacturer which is licensed in this State to | ||||||
21 | make sales or
deliveries of alcoholic liquor and which enlists | ||||||
22 | agents, representatives, or
individuals acting on its behalf | ||||||
23 | who contact licensed retailers on a regular
and continual basis | ||||||
24 | in this State must register those agents, representatives,
or | ||||||
25 | persons acting on its behalf with the State Commission. | ||||||
26 | Registration of agents, representatives, or persons acting |
| |||||||
| |||||||
1 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
2 | to the Commission. The form
shall be developed by the | ||||||
3 | Commission and shall include the name and address of
the | ||||||
4 | applicant, the name and address of the manufacturer he or she | ||||||
5 | represents,
the territory or areas assigned to sell to or | ||||||
6 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
7 | questions deemed appropriate and necessary.
All statements in | ||||||
8 | the forms required to be made by law or by rule shall be
deemed | ||||||
9 | material, and any person who knowingly misstates any material | ||||||
10 | fact under
oath in an application is guilty of a Class B | ||||||
11 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
12 | misleading statements, evasions, or
suppression of material | ||||||
13 | facts in the securing of a registration are grounds for
| ||||||
14 | suspension or revocation of the registration. | ||||||
15 | (b) A distributor's license shall allow the wholesale | ||||||
16 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
17 | liquors to licensees
in this State and to persons without the | ||||||
18 | State, as may be permitted by law. | ||||||
19 | (c) An importing distributor's license may be issued to and | ||||||
20 | held by
those only who are duly licensed distributors, upon the | ||||||
21 | filing of an
application by a duly licensed distributor, with | ||||||
22 | the Commission and
the Commission shall, without the
payment of | ||||||
23 | any fee, immediately issue such importing distributor's
| ||||||
24 | license to the applicant, which shall allow the importation of | ||||||
25 | alcoholic
liquor by the licensee into this State from any point | ||||||
26 | in the United
States outside this State, and the purchase of |
| |||||||
| |||||||
1 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
2 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
3 | but all bottles or containers
so filled shall be sealed, | ||||||
4 | labeled, stamped and otherwise made to comply
with all | ||||||
5 | provisions, rules and regulations governing manufacturers in
| ||||||
6 | the preparation and bottling of alcoholic liquors. The | ||||||
7 | importing
distributor's license shall permit such licensee to | ||||||
8 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
9 | dealers and foreign importers only. | ||||||
10 | (d) A retailer's license shall allow the licensee to sell | ||||||
11 | and offer
for sale at retail, only in the premises specified in | ||||||
12 | the license,
alcoholic liquor for use or consumption, but not | ||||||
13 | for resale in any form. Nothing in this amendatory Act of the | ||||||
14 | 95th General Assembly shall deny, limit, remove, or restrict | ||||||
15 | the ability of a holder of a retailer's license to transfer, | ||||||
16 | deliver, or ship alcoholic liquor to the purchaser for use or | ||||||
17 | consumption subject to any applicable local law or ordinance. | ||||||
18 | Any retail license issued to a manufacturer shall only
permit | ||||||
19 | the manufacturer to sell beer at retail on the premises | ||||||
20 | actually
occupied by the manufacturer. For the purpose of | ||||||
21 | further describing the type of business conducted at a retail | ||||||
22 | licensed premises, a retailer's licensee may be designated by | ||||||
23 | the State Commission as (i) an on premise consumption retailer, | ||||||
24 | (ii) an off premise sale retailer, or (iii) a combined on | ||||||
25 | premise consumption and off premise sale retailer.
| ||||||
26 | Notwithstanding any other provision of this subsection |
| |||||||
| |||||||
1 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
2 | event retailer licensee for
resale to the extent permitted | ||||||
3 | under subsection (e). | ||||||
4 | (e) A special event retailer's license (not-for-profit) | ||||||
5 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
6 | Illinois licensed distributor
(unless the licensee purchases | ||||||
7 | less than $500 of alcoholic liquors for the
special event, in | ||||||
8 | which case the licensee may purchase the alcoholic liquors
from | ||||||
9 | a licensed retailer) and shall allow the licensee to sell and | ||||||
10 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
11 | consumption, but not for resale
in any form and only at the | ||||||
12 | location and on the specific dates designated for
the special | ||||||
13 | event in the license. An applicant for a special event retailer
| ||||||
14 | license must
(i) furnish with the application: (A) a resale | ||||||
15 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
16 | Act or evidence that the applicant is
registered under Section | ||||||
17 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
18 | exemption identification
number issued under Section 1g of the | ||||||
19 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
20 | Commission that the purchase of alcoholic liquors will be
a | ||||||
21 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
22 | not registered
under Section 2a of the Retailers' Occupation | ||||||
23 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
24 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
25 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
26 | in which event the Commission shall set forth on the special |
| |||||||
| |||||||
1 | event
retailer's license a statement to that effect; (ii) | ||||||
2 | submit with the application proof satisfactory to
the State | ||||||
3 | Commission that the applicant will provide dram shop liability
| ||||||
4 | insurance in the maximum limits; and (iii) show proof | ||||||
5 | satisfactory to the
State Commission that the applicant has | ||||||
6 | obtained local authority
approval. | ||||||
7 | (f) A railroad license shall permit the licensee to import | ||||||
8 | alcoholic
liquors into this State from any point in the United | ||||||
9 | States outside this
State and to store such alcoholic liquors | ||||||
10 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
11 | directly from manufacturers, foreign
importers, distributors | ||||||
12 | and importing distributors from within or outside
this State; | ||||||
13 | and to store such alcoholic liquors in this State; provided
| ||||||
14 | that the above powers may be exercised only in connection with | ||||||
15 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
16 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
17 | operated on an electric,
gas or steam railway in this State; | ||||||
18 | and provided further, that railroad
licensees exercising the | ||||||
19 | above powers shall be subject to all provisions of
Article VIII | ||||||
20 | of this Act as applied to importing distributors. A railroad
| ||||||
21 | license shall also permit the licensee to sell or dispense | ||||||
22 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
23 | operated on an electric,
gas or steam railway regularly | ||||||
24 | operated by a common carrier in this State,
but shall not | ||||||
25 | permit the sale for resale of any alcoholic liquors to any
| ||||||
26 | licensee within this State. A license shall be obtained for |
| |||||||
| |||||||
1 | each car in which
such sales are made. | ||||||
2 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
3 | in
individual drinks, on any passenger boat regularly operated | ||||||
4 | as a common
carrier on navigable waters in this State or on any | ||||||
5 | riverboat operated
under
the Illinois Riverboat Gambling Act, | ||||||
6 | which boat or riverboat maintains a public
dining room or | ||||||
7 | restaurant thereon. | ||||||
8 | (h) A non-beverage user's license shall allow the licensee | ||||||
9 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
10 | importing
distributor, without the imposition of any tax upon | ||||||
11 | the business of such
licensed manufacturer or importing | ||||||
12 | distributor as to such alcoholic
liquor to be used by such | ||||||
13 | licensee solely for the non-beverage purposes
set forth in | ||||||
14 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
15 | shall be divided and classified and shall permit the
purchase, | ||||||
16 | possession and use of limited and stated quantities of
| ||||||
17 | alcoholic liquor as follows: | ||||||
18 | Class 1, not to exceed ......................... 500 gallons
| ||||||
19 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
20 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
21 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
22 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
23 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
24 | that concurrently holds a first-class wine-maker's license to | ||||||
25 | sell
and offer for sale at retail in the premises specified in | ||||||
26 | such license
not more than 50,000 gallons of the first-class |
| |||||||
| |||||||
1 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
2 | licensed premises per year for use or
consumption, but not for | ||||||
3 | resale in any form. A wine-maker's premises
license shall allow | ||||||
4 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
5 | license to sell and offer for sale at retail in the premises
| ||||||
6 | specified in such license up to 100,000 gallons of the
| ||||||
7 | second-class wine-maker's wine that is made at the second-class | ||||||
8 | wine-maker's
licensed premises per year
for use or consumption | ||||||
9 | but not for resale in any form. A wine-maker's premises license | ||||||
10 | shall allow a
licensee that concurrently holds a first-class | ||||||
11 | wine-maker's license or a second-class
wine-maker's license to | ||||||
12 | sell
and offer for sale at retail at the premises specified in | ||||||
13 | the wine-maker's premises license, for use or consumption but | ||||||
14 | not for resale in any form, any beer, wine, and spirits | ||||||
15 | purchased from a licensed distributor. Upon approval from the
| ||||||
16 | State Commission, a wine-maker's premises license
shall allow | ||||||
17 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
18 | licensed premises and (ii) at up to 2 additional locations for | ||||||
19 | use and
consumption and not for resale. Each location shall | ||||||
20 | require additional
licensing per location as specified in | ||||||
21 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
22 | secure liquor liability insurance coverage in an amount at
| ||||||
23 | least equal to the maximum liability amounts set forth in
| ||||||
24 | subsection (a) of Section 6-21 of this Act.
| ||||||
25 | (j) An airplane license shall permit the licensee to import
| ||||||
26 | alcoholic liquors into this State from any point in the United |
| |||||||
| |||||||
1 | States
outside this State and to store such alcoholic liquors | ||||||
2 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
3 | directly from
manufacturers, foreign importers, distributors | ||||||
4 | and importing
distributors from within or outside this State; | ||||||
5 | and to store such
alcoholic liquors in this State; provided | ||||||
6 | that the above powers may be
exercised only in connection with | ||||||
7 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
8 | sold or dispensed on an airplane; and
provided further, that | ||||||
9 | airplane licensees exercising the above powers
shall be subject | ||||||
10 | to all provisions of Article VIII of this Act as
applied to | ||||||
11 | importing distributors. An airplane licensee shall also
permit | ||||||
12 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
13 | airplane regularly operated by a common carrier in this State, | ||||||
14 | but shall
not permit the sale for resale of any alcoholic | ||||||
15 | liquors to any licensee
within this State. A single airplane | ||||||
16 | license shall be required of an
airline company if liquor | ||||||
17 | service is provided on board aircraft in this
State. The annual | ||||||
18 | fee for such license shall be as determined in
Section 5-3. | ||||||
19 | (k) A foreign importer's license shall permit such licensee | ||||||
20 | to purchase
alcoholic liquor from Illinois licensed | ||||||
21 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
22 | than in bulk from any point outside the
United States and to | ||||||
23 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
24 | distributors and to no one else in Illinois;
provided that (i) | ||||||
25 | the foreign importer registers with the State Commission
every
| ||||||
26 | brand of
alcoholic liquor that it proposes to sell to Illinois |
| |||||||
| |||||||
1 | licensees during the
license period, (ii) the foreign importer | ||||||
2 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
3 | with respect to registration of such Illinois licensees as may
| ||||||
4 | be granted the
right to sell such brands at wholesale, and | ||||||
5 | (iii) the foreign importer complies with the provisions of | ||||||
6 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
7 | provisions apply to manufacturers. | ||||||
8 | (l) (i) A broker's license shall be required of all persons
| ||||||
9 | who solicit
orders for, offer to sell or offer to supply | ||||||
10 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
11 | offer to retailers to ship or
cause to be shipped or to make | ||||||
12 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
13 | or any other party within or without the State
of Illinois in | ||||||
14 | order that alcoholic liquors be shipped to a distributor,
| ||||||
15 | importing distributor or foreign importer, whether such | ||||||
16 | solicitation or
offer is consummated within or without the | ||||||
17 | State of Illinois. | ||||||
18 | No holder of a retailer's license issued by the Illinois | ||||||
19 | Liquor
Control Commission shall purchase or receive any | ||||||
20 | alcoholic liquor, the
order for which was solicited or offered | ||||||
21 | for sale to such retailer by a
broker unless the broker is the | ||||||
22 | holder of a valid broker's license. | ||||||
23 | The broker shall, upon the acceptance by a retailer of the | ||||||
24 | broker's
solicitation of an order or offer to sell or supply or | ||||||
25 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
26 | to the Illinois Liquor
Control Commission a notification of |
| |||||||
| |||||||
1 | said transaction in such form as
the Commission may by | ||||||
2 | regulations prescribe. | ||||||
3 | (ii) A broker's license shall be required of
a person | ||||||
4 | within this State, other than a retail licensee,
who, for a fee | ||||||
5 | or commission, promotes, solicits, or accepts orders for
| ||||||
6 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
7 | be shipped from this State and delivered to residents outside | ||||||
8 | of
this State by an express company, common carrier, or | ||||||
9 | contract carrier.
This Section does not apply to any person who | ||||||
10 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
11 | authorized in Section 6-29 of this Act. | ||||||
12 | A broker's license under this subsection (l)
shall not | ||||||
13 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
14 | own account or to take or deliver title to
such alcoholic | ||||||
15 | liquors. | ||||||
16 | This subsection (l)
shall not apply to distributors, | ||||||
17 | employees of
distributors, or employees of a manufacturer who | ||||||
18 | has registered the
trademark, brand or name of the alcoholic | ||||||
19 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
20 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
21 | its registrants thereunder. | ||||||
22 | Any agent, representative, or person subject to | ||||||
23 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
24 | not be eligible to receive a broker's
license. | ||||||
25 | (m) A non-resident dealer's license shall permit such | ||||||
26 | licensee to ship
into and warehouse alcoholic liquor into this |
| |||||||
| |||||||
1 | State from any point
outside of this State, and to sell such | ||||||
2 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
3 | importing distributors and to no one else in this State;
| ||||||
4 | provided that (i) said non-resident dealer shall register with | ||||||
5 | the Illinois Liquor
Control Commission each and every brand of | ||||||
6 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
7 | licensees during the license period, (ii) it shall comply with | ||||||
8 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
9 | registration of such Illinois licensees as may be granted the | ||||||
10 | right
to sell such brands at wholesale, and (iii) the | ||||||
11 | non-resident dealer shall comply with the provisions of | ||||||
12 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
13 | provisions apply to manufacturers. | ||||||
14 | (n) A brew pub license shall allow the licensee to | ||||||
15 | manufacture beer only
on the premises specified in the license, | ||||||
16 | to make sales of the
beer manufactured on the premises to | ||||||
17 | importing distributors, distributors,
and to non-licensees for | ||||||
18 | use and consumption, to store the beer upon
the premises, and | ||||||
19 | to sell and offer for sale at retail from the licensed
| ||||||
20 | premises, provided that a brew pub licensee shall not sell for | ||||||
21 | off-premises
consumption more than 50,000 gallons per year. | ||||||
22 | (o) A caterer retailer license shall allow the holder
to | ||||||
23 | serve alcoholic liquors as an incidental part of a food service | ||||||
24 | that serves
prepared meals which excludes the serving of snacks | ||||||
25 | as
the primary meal, either on or off-site whether licensed or | ||||||
26 | unlicensed. |
| |||||||
| |||||||
1 | (p) An auction liquor license shall allow the licensee to | ||||||
2 | sell and offer
for sale at auction wine and spirits for use or | ||||||
3 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
4 | accordance with provisions of this Act. An
auction liquor | ||||||
5 | license will be issued to a person and it will permit the
| ||||||
6 | auction liquor licensee to hold the auction anywhere in the | ||||||
7 | State. An auction
liquor license must be obtained for each | ||||||
8 | auction at least 14 days in advance of
the auction date. | ||||||
9 | (q) A special use permit license shall allow an Illinois | ||||||
10 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
11 | inventory from its
retail licensed premises to the premises | ||||||
12 | specified in the license hereby
created, and to sell or offer | ||||||
13 | for sale at retail, only in the premises
specified in the | ||||||
14 | license hereby created, the transferred alcoholic liquor for
| ||||||
15 | use or consumption, but not for resale in any form. A special | ||||||
16 | use permit
license may be granted for the following time | ||||||
17 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
18 | per location in any 12 month period. An
applicant for the | ||||||
19 | special use permit license must also submit with the
| ||||||
20 | application proof satisfactory to the State Commission that the | ||||||
21 | applicant will
provide dram shop liability insurance to the | ||||||
22 | maximum limits and have local
authority approval. | ||||||
23 | (r) A winery shipper's license shall allow a person
with a | ||||||
24 | first-class or second-class wine manufacturer's
license, a | ||||||
25 | first-class or second-class wine-maker's license,
or a limited | ||||||
26 | wine manufacturer's license or who is licensed to
make wine |
| |||||||
| |||||||
1 | under the laws of another state to ship wine
made by that | ||||||
2 | licensee directly to a resident of this
State who is 21 years | ||||||
3 | of age or older for that resident's
personal use and not for | ||||||
4 | resale. Prior to receiving a
winery shipper's license, an | ||||||
5 | applicant for the license must
provide the Commission with a | ||||||
6 | true copy of its current
license in any state in which it is | ||||||
7 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
8 | shipper's license must
also complete an application form that | ||||||
9 | provides any other
information the Commission deems necessary. | ||||||
10 | The
application form shall include an acknowledgement | ||||||
11 | consenting
to the jurisdiction of the Commission, the Illinois
| ||||||
12 | Department of Revenue, and the courts of this State concerning
| ||||||
13 | the enforcement of this Act and any related laws, rules, and
| ||||||
14 | regulations, including authorizing the Department of Revenue
| ||||||
15 | and the Commission to conduct audits for the purpose of
| ||||||
16 | ensuring compliance with this amendatory Act. | ||||||
17 | A winery shipper licensee must pay to the Department
of | ||||||
18 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
19 | all wine that is sold by the licensee and shipped to a person
| ||||||
20 | in this State. For the purposes of Section 8-1, a winery
| ||||||
21 | shipper licensee shall be taxed in the same manner as a
| ||||||
22 | manufacturer of wine. A licensee who is not otherwise required | ||||||
23 | to register under the Retailers' Occupation Tax Act must
| ||||||
24 | register under the Use Tax Act to collect and remit use tax to
| ||||||
25 | the Department of Revenue for all gallons of wine that are sold
| ||||||
26 | by the licensee and shipped to persons in this State. If a
|
| |||||||
| |||||||
1 | licensee fails to remit the tax imposed under this Act in
| ||||||
2 | accordance with the provisions of Article VIII of this Act, the
| ||||||
3 | winery shipper's license shall be revoked in accordance
with | ||||||
4 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
5 | to properly register and remit tax under the Use Tax Act
or the | ||||||
6 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
7 | winery shipper and shipped to persons in this
State, the winery | ||||||
8 | shipper's license shall be revoked in
accordance with the | ||||||
9 | provisions of Article VII of this Act. | ||||||
10 | A winery shipper licensee must collect, maintain, and
| ||||||
11 | submit to the Commission on a semi-annual basis the
total | ||||||
12 | number of cases per resident of wine shipped to residents
of | ||||||
13 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
14 | must comply with the requirements of Section 6-29 of this | ||||||
15 | amendatory Act.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08; | ||||||
17 | 95-769, eff. 7-29-08; 96-1367, eff. 7-28-10.)
| ||||||
18 | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
| ||||||
19 | Sec. 6-30. Notwithstanding any other provision of this Act, | ||||||
20 | the
Illinois Gaming Board shall have exclusive authority to | ||||||
21 | establish the hours
for sale and consumption of alcoholic | ||||||
22 | liquor on board a riverboat during
riverboat gambling | ||||||
23 | excursions and in a casino conducted in accordance with the | ||||||
24 | Illinois Riverboat
Gambling Act.
| ||||||
25 | (Source: P.A. 87-826.)
|
| |||||||
| |||||||
1 | Section 90-50. The Criminal Code of 1961 is amended by | ||||||
2 | changing Sections 28-1, 28-1.1, 28-3,
28-5, and 28-7 as | ||||||
3 | follows:
| ||||||
4 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
5 | Sec. 28-1. Gambling.
| ||||||
6 | (a) A person commits gambling when he:
| ||||||
7 | (1) Plays a game of chance or skill for money or other | ||||||
8 | thing of
value, unless excepted in subsection (b) of this | ||||||
9 | Section; or
| ||||||
10 | (2) Makes a wager upon the result of any game, contest, | ||||||
11 | or any
political nomination, appointment or election; or
| ||||||
12 | (3) Operates, keeps, owns, uses, purchases, exhibits, | ||||||
13 | rents, sells,
bargains for the sale or lease of, | ||||||
14 | manufactures or distributes any
gambling device; or
| ||||||
15 | (4) Contracts to have or give himself or another the | ||||||
16 | option to buy
or sell, or contracts to buy or sell, at a | ||||||
17 | future time, any grain or
other commodity whatsoever, or | ||||||
18 | any stock or security of any company,
where it is at the | ||||||
19 | time of making such contract intended by both parties
| ||||||
20 | thereto that the contract to buy or sell, or the option, | ||||||
21 | whenever
exercised, or the contract resulting therefrom, | ||||||
22 | shall be settled, not by
the receipt or delivery of such | ||||||
23 | property, but by the payment only of
differences in prices | ||||||
24 | thereof; however, the issuance, purchase, sale,
exercise, |
| |||||||
| |||||||
1 | endorsement or guarantee, by or through a person registered
| ||||||
2 | with the Secretary of State pursuant to Section 8 of the | ||||||
3 | Illinois
Securities Law of 1953, or by or through a person | ||||||
4 | exempt from such
registration under said Section 8, of a | ||||||
5 | put, call, or other option to
buy or sell securities which | ||||||
6 | have been registered with the Secretary of
State or which | ||||||
7 | are exempt from such registration under Section 3 of the
| ||||||
8 | Illinois Securities Law of 1953 is not gambling within the | ||||||
9 | meaning of
this paragraph (4); or
| ||||||
10 | (5) Knowingly owns or possesses any book, instrument or | ||||||
11 | apparatus by
means of which bets or wagers have been, or | ||||||
12 | are, recorded or registered,
or knowingly possesses any | ||||||
13 | money which he has received in the course of
a bet or | ||||||
14 | wager; or
| ||||||
15 | (6) Sells pools upon the result of any game or contest | ||||||
16 | of skill or
chance, political nomination, appointment or | ||||||
17 | election; or
| ||||||
18 | (7) Sets up or promotes any lottery or sells, offers to | ||||||
19 | sell or
transfers any ticket or share for any lottery; or
| ||||||
20 | (8) Sets up or promotes any policy game or sells, | ||||||
21 | offers to sell or
knowingly possesses or transfers any | ||||||
22 | policy ticket, slip, record,
document or other similar | ||||||
23 | device; or
| ||||||
24 | (9) Knowingly drafts, prints or publishes any lottery | ||||||
25 | ticket or share,
or any policy ticket, slip, record, | ||||||
26 | document or similar device, except for
such activity |
| |||||||
| |||||||
1 | related to lotteries, bingo games and raffles authorized by
| ||||||
2 | and conducted in accordance with the laws of Illinois or | ||||||
3 | any other state or
foreign government; or
| ||||||
4 | (10) Knowingly advertises any lottery or policy game, | ||||||
5 | except for such
activity related to lotteries, bingo games | ||||||
6 | and raffles authorized by and
conducted in accordance with | ||||||
7 | the laws of Illinois or any other state; or
| ||||||
8 | (11) Knowingly transmits information as to wagers, | ||||||
9 | betting odds, or
changes in betting odds by telephone, | ||||||
10 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
11 | installs or maintains equipment for the
transmission or | ||||||
12 | receipt of such information; except that nothing in this
| ||||||
13 | subdivision (11) prohibits transmission or receipt of such | ||||||
14 | information
for use in news reporting of sporting events or | ||||||
15 | contests; or
| ||||||
16 | (12) Knowingly establishes, maintains, or operates an | ||||||
17 | Internet site that
permits a person to play a game of
| ||||||
18 | chance or skill for money or other thing of value by means | ||||||
19 | of the Internet or
to make a wager upon the
result of any | ||||||
20 | game, contest, political nomination, appointment, or
| ||||||
21 | election by means of the Internet. This item (12) does not | ||||||
22 | apply to activities referenced in items (6) and (6.1) of | ||||||
23 | subsection (b) of this Section.
| ||||||
24 | (b) Participants in any of the following activities shall | ||||||
25 | not be
convicted of gambling therefor:
| ||||||
26 | (1) Agreements to compensate for loss caused by the |
| |||||||
| |||||||
1 | happening of
chance including without limitation contracts | ||||||
2 | of indemnity or guaranty
and life or health or accident | ||||||
3 | insurance.
| ||||||
4 | (2) Offers of prizes, award or compensation to the | ||||||
5 | actual
contestants in any bona fide contest for the | ||||||
6 | determination of skill,
speed, strength or endurance or to | ||||||
7 | the owners of animals or vehicles
entered in such contest.
| ||||||
8 | (3) Pari-mutuel betting as authorized by the law of | ||||||
9 | this State.
| ||||||
10 | (4) Manufacture of gambling devices, including the | ||||||
11 | acquisition of
essential parts therefor and the assembly | ||||||
12 | thereof, for transportation in
interstate or foreign | ||||||
13 | commerce to any place outside this State when such
| ||||||
14 | transportation is not prohibited by any applicable Federal | ||||||
15 | law; or the
manufacture, distribution, or possession of | ||||||
16 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
17 | by manufacturers, distributors, and
terminal operators | ||||||
18 | licensed to do so under the Video Gaming Act.
| ||||||
19 | (5) The game commonly known as "bingo", when conducted | ||||||
20 | in accordance
with the Bingo License and Tax Act.
| ||||||
21 | (6) Lotteries when conducted by the State of Illinois | ||||||
22 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
23 | includes any activity conducted by the Department of | ||||||
24 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
25 | of the Illinois Lottery Law and its rules.
| ||||||
26 | (6.1) The purchase of lottery tickets through the |
| |||||||
| |||||||
1 | Internet for a lottery conducted by the State of Illinois | ||||||
2 | under the program established in Section 7.12 of the | ||||||
3 | Illinois Lottery Law.
| ||||||
4 | (7) Possession of an antique slot machine that is | ||||||
5 | neither used nor
intended to be used in the operation or | ||||||
6 | promotion of any unlawful
gambling activity or enterprise. | ||||||
7 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
8 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
9 | (8) Raffles when conducted in accordance with the | ||||||
10 | Raffles Act.
| ||||||
11 | (9) Charitable games when conducted in accordance with | ||||||
12 | the Charitable
Games Act.
| ||||||
13 | (10) Pull tabs and jar games when conducted under the | ||||||
14 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
15 | (11) Gambling games conducted on riverboats when
| ||||||
16 | authorized by the Illinois Riverboat Gambling Act.
| ||||||
17 | (12) Video gaming terminal games at a licensed | ||||||
18 | establishment, licensed truck stop establishment,
licensed
| ||||||
19 | fraternal establishment, or licensed veterans | ||||||
20 | establishment when
conducted in accordance with the Video | ||||||
21 | Gaming Act. | ||||||
22 | (13) Games of skill or chance where money or other | ||||||
23 | things of value can be won but no payment or purchase is | ||||||
24 | required to participate. | ||||||
25 | (c) Sentence.
| ||||||
26 | Gambling under subsection (a)(1) or (a)(2) of this Section |
| |||||||
| |||||||
1 | is a
Class A misdemeanor. Gambling under any of subsections | ||||||
2 | (a)(3) through
(a)(11) of this Section is a Class A | ||||||
3 | misdemeanor. A second or
subsequent conviction under any of | ||||||
4 | subsections (a)(3) through (a)(11),
is a Class 4 felony. | ||||||
5 | Gambling under subsection (a)(12) of this Section is a
Class A
| ||||||
6 | misdemeanor. A second or subsequent conviction under | ||||||
7 | subsection (a)(12) is a
Class 4 felony.
| ||||||
8 | (d) Circumstantial evidence.
| ||||||
9 | In prosecutions under subsection (a)(1) through (a)(12) of
| ||||||
10 | this
Section circumstantial evidence shall have the same | ||||||
11 | validity and weight as
in any criminal prosecution.
| ||||||
12 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
13 | 96-1203, eff. 7-22-10.)
| ||||||
14 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
15 | Sec. 28-1.1. Syndicated gambling.
| ||||||
16 | (a) Declaration of Purpose. Recognizing the close | ||||||
17 | relationship between
professional gambling and other organized | ||||||
18 | crime, it is declared to be the
policy of the legislature to | ||||||
19 | restrain persons from engaging in the business
of gambling for | ||||||
20 | profit in this State. This Section shall be liberally
construed | ||||||
21 | and administered with a view to carrying out this policy.
| ||||||
22 | (b) A person commits syndicated gambling when he operates a | ||||||
23 | "policy
game" or engages in the business of bookmaking.
| ||||||
24 | (c) A person "operates a policy game" when he knowingly | ||||||
25 | uses any
premises or property for the purpose of receiving or |
| |||||||
| |||||||
1 | knowingly does
receive from what is commonly called "policy":
| ||||||
2 | (1) money from a person other than the better or player | ||||||
3 | whose
bets or plays are represented by such money; or
| ||||||
4 | (2) written "policy game" records, made or used over | ||||||
5 | any
period of time, from a person other than the better or | ||||||
6 | player whose bets
or plays are represented by such written | ||||||
7 | record.
| ||||||
8 | (d) A person engages in bookmaking when he receives or | ||||||
9 | accepts more
than five bets or wagers upon the result of any | ||||||
10 | trials or contests of
skill, speed or power of endurance or | ||||||
11 | upon any lot, chance, casualty,
unknown or contingent event | ||||||
12 | whatsoever, which bets or wagers shall be of
such size that the | ||||||
13 | total of the amounts of money paid or promised to be
paid to | ||||||
14 | such bookmaker on account thereof shall exceed $2,000.
| ||||||
15 | Bookmaking is the receiving or accepting of such bets or wagers
| ||||||
16 | regardless of the form or manner in which the bookmaker records | ||||||
17 | them.
| ||||||
18 | (e) Participants in any of the following activities shall | ||||||
19 | not be
convicted of syndicated gambling:
| ||||||
20 | (1) Agreements to compensate for loss caused by the | ||||||
21 | happening
of chance including without limitation contracts | ||||||
22 | of indemnity or
guaranty and life or health or accident | ||||||
23 | insurance; and
| ||||||
24 | (2) Offers of prizes, award or compensation to the | ||||||
25 | actual
contestants in any bona fide contest for the | ||||||
26 | determination of skill,
speed, strength or endurance or to |
| |||||||
| |||||||
1 | the owners of animals or vehicles
entered in such contest; | ||||||
2 | and
| ||||||
3 | (3) Pari-mutuel betting as authorized by law of this | ||||||
4 | State;
and
| ||||||
5 | (4) Manufacture of gambling devices, including the | ||||||
6 | acquisition
of essential parts therefor and the assembly | ||||||
7 | thereof, for transportation
in interstate or foreign | ||||||
8 | commerce to any place outside this State when
such | ||||||
9 | transportation is not prohibited by any applicable Federal | ||||||
10 | law; and
| ||||||
11 | (5) Raffles when conducted in accordance with the | ||||||
12 | Raffles Act; and
| ||||||
13 | (6) Gambling games conducted on riverboats , in | ||||||
14 | casinos, or at electronic gaming facilities when
| ||||||
15 | authorized by the Illinois Riverboat Gambling Act; and
| ||||||
16 | (7) Video gaming terminal games at a licensed | ||||||
17 | establishment, licensed truck stop establishment,
licensed
| ||||||
18 | fraternal establishment, or licensed veterans | ||||||
19 | establishment
when conducted in accordance with the Video | ||||||
20 | Gaming Act.
| ||||||
21 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
22 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
23 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
24 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
25 | any real
estate, vehicle, boat or any other property whatsoever |
| |||||||
| |||||||
1 | used for the
purposes of gambling other than gambling conducted | ||||||
2 | in the manner authorized
by the Illinois Riverboat Gambling Act | ||||||
3 | or the Video Gaming Act. Any person who
knowingly permits any | ||||||
4 | premises
or property owned or occupied by him or under his | ||||||
5 | control to be used as a
gambling place commits a Class A | ||||||
6 | misdemeanor. Each subsequent offense is a
Class 4 felony. When | ||||||
7 | any premises is determined by the circuit court to be
a | ||||||
8 | gambling place:
| ||||||
9 | (a) Such premises is a public nuisance and may be proceeded | ||||||
10 | against as such,
and
| ||||||
11 | (b) All licenses, permits or certificates issued by the | ||||||
12 | State of
Illinois or any subdivision or public agency thereof | ||||||
13 | authorizing the
serving of food or liquor on such premises | ||||||
14 | shall be void; and no license,
permit or certificate so | ||||||
15 | cancelled shall be reissued for such premises for
a period of | ||||||
16 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
17 | gambling place be reissued such license
for one year from his | ||||||
18 | conviction and, after a second conviction of keeping
a gambling | ||||||
19 | place, any such person shall not be reissued such license, and
| ||||||
20 | (c) Such premises of any person who knowingly permits | ||||||
21 | thereon a
violation of any Section of this Article shall be | ||||||
22 | held liable for, and may
be sold to pay any unsatisfied | ||||||
23 | judgment that may be recovered and any
unsatisfied fine that | ||||||
24 | may be levied under any Section of this Article.
| ||||||
25 | (Source: P.A. 96-34, eff. 7-13-09.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/28-5)
(from Ch. 38, par. 28-5)
| ||||||
2 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
3 | (a) Every device designed for gambling which is incapable | ||||||
4 | of lawful use
or every device used unlawfully for gambling | ||||||
5 | shall be considered a
"gambling device", and shall be subject | ||||||
6 | to seizure, confiscation and
destruction by the Department of | ||||||
7 | State Police or by any municipal, or other
local authority, | ||||||
8 | within whose jurisdiction the same may be found. As used
in | ||||||
9 | this Section, a "gambling device" includes any slot machine, | ||||||
10 | and
includes any machine or device constructed for the | ||||||
11 | reception of money or
other thing of value and so constructed | ||||||
12 | as to return, or to cause someone
to return, on chance to the | ||||||
13 | player thereof money, property or a right to
receive money or | ||||||
14 | property. With the exception of any device designed for
| ||||||
15 | gambling which is incapable of lawful use, no gambling device | ||||||
16 | shall be
forfeited or destroyed unless an individual with a | ||||||
17 | property interest in
said device knows of the unlawful use of | ||||||
18 | the device.
| ||||||
19 | (b) Every gambling device shall be seized and forfeited to | ||||||
20 | the county
wherein such seizure occurs. Any money or other | ||||||
21 | thing of value integrally
related to acts of gambling shall be | ||||||
22 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
23 | (c) If, within 60 days after any seizure pursuant to | ||||||
24 | subparagraph
(b) of this Section, a person having any property | ||||||
25 | interest in the seized
property is charged with an offense, the | ||||||
26 | court which renders judgment
upon such charge shall, within 30 |
| |||||||
| |||||||
1 | days after such judgment, conduct a
forfeiture hearing to | ||||||
2 | determine whether such property was a gambling device
at the | ||||||
3 | time of seizure. Such hearing shall be commenced by a written
| ||||||
4 | petition by the State, including material allegations of fact, | ||||||
5 | the name
and address of every person determined by the State to | ||||||
6 | have any property
interest in the seized property, a | ||||||
7 | representation that written notice of
the date, time and place | ||||||
8 | of such hearing has been mailed to every such
person by | ||||||
9 | certified mail at least 10 days before such date, and a
request | ||||||
10 | for forfeiture. Every such person may appear as a party and
| ||||||
11 | present evidence at such hearing. The quantum of proof required | ||||||
12 | shall
be a preponderance of the evidence, and the burden of | ||||||
13 | proof shall be on
the State. If the court determines that the | ||||||
14 | seized property was
a gambling device at the time of seizure, | ||||||
15 | an order of forfeiture and
disposition of the seized property | ||||||
16 | shall be entered: a gambling device
shall be received by the | ||||||
17 | State's Attorney, who shall effect its
destruction, except that | ||||||
18 | valuable parts thereof may be liquidated and
the resultant | ||||||
19 | money shall be deposited in the general fund of the county
| ||||||
20 | wherein such seizure occurred; money and other things of value | ||||||
21 | shall be
received by the State's Attorney and, upon | ||||||
22 | liquidation, shall be
deposited in the general fund of the | ||||||
23 | county wherein such seizure
occurred. However, in the event | ||||||
24 | that a defendant raises the defense
that the seized slot | ||||||
25 | machine is an antique slot machine described in
subparagraph | ||||||
26 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
| |||||||
| |||||||
1 | from the charge of a gambling activity participant, the seized
| ||||||
2 | antique slot machine shall not be destroyed or otherwise | ||||||
3 | altered until a
final determination is made by the Court as to | ||||||
4 | whether it is such an
antique slot machine. Upon a final | ||||||
5 | determination by the Court of this
question in favor of the | ||||||
6 | defendant, such slot machine shall be
immediately returned to | ||||||
7 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
8 | for the purposes of appeal, be a final order and
judgment in a | ||||||
9 | civil proceeding.
| ||||||
10 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
11 | Section is not
followed by a charge pursuant to subparagraph | ||||||
12 | (c) of this Section, or if
the prosecution of such charge is | ||||||
13 | permanently terminated or indefinitely
discontinued without | ||||||
14 | any judgment of conviction or acquittal (1) the
State's | ||||||
15 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
16 | and destruction of a gambling device, or for the forfeiture and | ||||||
17 | deposit
in the general fund of the county of any seized money | ||||||
18 | or other things of
value, or both, in the circuit court and (2) | ||||||
19 | any person having any
property interest in such seized gambling | ||||||
20 | device, money or other thing
of value may commence separate | ||||||
21 | civil proceedings in the manner provided
by law.
| ||||||
22 | (e) Any gambling device displayed for sale to a riverboat | ||||||
23 | gambling
operation , casino gambling operation, or electronic | ||||||
24 | gaming facility or used to train occupational licensees of a | ||||||
25 | riverboat gambling
operation , casino gambling operation, or | ||||||
26 | electronic gaming facility as authorized under the Illinois |
| |||||||
| |||||||
1 | Riverboat Gambling Act is exempt from
seizure under this | ||||||
2 | Section.
| ||||||
3 | (f) Any gambling equipment, devices and supplies provided | ||||||
4 | by a licensed
supplier in accordance with the Illinois | ||||||
5 | Riverboat Gambling Act which are removed
from a
the riverboat , | ||||||
6 | casino, or electronic gaming facility for repair are
exempt | ||||||
7 | from seizure under this Section.
| ||||||
8 | (Source: P.A. 87-826.)
| ||||||
9 | (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
| ||||||
10 | Sec. 28-7. Gambling contracts void.
| ||||||
11 | (a) All promises, notes, bills, bonds, covenants, | ||||||
12 | contracts, agreements,
judgments, mortgages, or other | ||||||
13 | securities or conveyances made, given,
granted, drawn, or | ||||||
14 | entered into, or executed by any person whatsoever,
where the | ||||||
15 | whole or any part of the consideration thereof is for any
money | ||||||
16 | or thing of value, won or obtained in violation of any Section | ||||||
17 | of
this Article are null and void.
| ||||||
18 | (b) Any obligation void under this Section may be set aside | ||||||
19 | and vacated
by any court of competent jurisdiction, upon a | ||||||
20 | complaint filed for that
purpose, by the person so granting, | ||||||
21 | giving, entering into, or executing the
same, or by his | ||||||
22 | executors or administrators, or by any creditor, heir,
legatee, | ||||||
23 | purchaser or other person interested therein; or if a judgment,
| ||||||
24 | the same may be set aside on motion of any person stated above, | ||||||
25 | on due
notice thereof given.
|
| |||||||
| |||||||
1 | (c) No assignment of any obligation void under this Section | ||||||
2 | may in any
manner affect the defense of the person giving, | ||||||
3 | granting, drawing, entering
into or executing such obligation, | ||||||
4 | or the remedies of any person interested
therein.
| ||||||
5 | (d) This Section shall not prevent a licensed owner of a | ||||||
6 | riverboat
gambling operation , casino gambling operation, or an | ||||||
7 | electronic gaming licensee under the Illinois Gambling
Act and | ||||||
8 | the Illinois Horse Racing Act of 1975 from instituting a cause | ||||||
9 | of
action to collect any amount due and owing under an | ||||||
10 | extension of credit to a
riverboat gambling patron as | ||||||
11 | authorized under Section 11.1 of the Illinois
Riverboat | ||||||
12 | Gambling Act.
| ||||||
13 | (Source: P.A. 87-826.)
| ||||||
14 | Section 90-55. The Eminent Domain Act is amended by adding | ||||||
15 | Section 15-5-50 as follows:
| ||||||
16 | (735 ILCS 30/15-5-50 new) | ||||||
17 | Sec. 15-5-50. Eminent domain powers in New Acts. The | ||||||
18 | following provisions of law may include express grants of the | ||||||
19 | power to acquire property by condemnation or eminent domain:
| ||||||
20 | Chicago Casino Development Authority Act; City of Chicago; for | ||||||
21 | the purposes of the Act.
| ||||||
22 | Section 90-60. The Payday Loan Reform Act is amended by |
| |||||||
| |||||||
1 | changing Section 3-5 as follows:
| ||||||
2 | (815 ILCS 122/3-5)
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3 | (Text of Section before amendment by P.A. 96-936 ) | ||||||
4 | Sec. 3-5. Licensure. | ||||||
5 | (a) A license to make a payday loan shall state the | ||||||
6 | address,
including city and state, at which
the business is to | ||||||
7 | be conducted and shall state fully the name of the licensee.
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8 | The license shall be conspicuously posted in the place of | ||||||
9 | business of the
licensee and shall not be transferable or | ||||||
10 | assignable.
| ||||||
11 | (b) An application for a license shall be in writing and in | ||||||
12 | a form
prescribed by the Secretary. The Secretary may not issue | ||||||
13 | a payday loan
license unless and until the following findings | ||||||
14 | are made:
| ||||||
15 | (1) that the financial responsibility, experience, | ||||||
16 | character, and general
fitness of the applicant are such as | ||||||
17 | to command the confidence of the public
and to warrant the | ||||||
18 | belief that the business will be operated lawfully and
| ||||||
19 | fairly and within the provisions and purposes of this Act; | ||||||
20 | and
| ||||||
21 | (2) that the applicant has submitted such other | ||||||
22 | information as the
Secretary may deem necessary.
| ||||||
23 | (c) A license shall be issued for no longer than one year, | ||||||
24 | and no renewal
of a license may be provided if a licensee has | ||||||
25 | substantially violated this
Act and has not cured the violation |
| |||||||
| |||||||
1 | to the satisfaction of the Department.
| ||||||
2 | (d) A licensee shall appoint, in writing, the Secretary as | ||||||
3 | attorney-in-fact
upon whom all lawful process against the | ||||||
4 | licensee may be served with the
same legal force and validity | ||||||
5 | as if served on the licensee. A copy of the
written | ||||||
6 | appointment, duly certified, shall be filed in the office of | ||||||
7 | the
Secretary, and a copy thereof certified by the Secretary | ||||||
8 | shall be sufficient
evidence to subject a licensee to | ||||||
9 | jurisdiction in a court of law. This appointment shall remain | ||||||
10 | in effect while any liability remains
outstanding in this State | ||||||
11 | against the licensee. When summons is served upon
the Secretary | ||||||
12 | as attorney-in-fact for a licensee, the Secretary shall | ||||||
13 | immediately
notify the licensee by registered mail, enclosing | ||||||
14 | the summons and specifying
the hour and day of service.
| ||||||
15 | (e) A licensee must pay an annual fee of $1,000. In | ||||||
16 | addition to the
license fee, the reasonable expense of any | ||||||
17 | examination or hearing
by the Secretary under any provisions of | ||||||
18 | this Act shall be borne by
the licensee. If a licensee fails to | ||||||
19 | renew its license by December 31,
its license
shall | ||||||
20 | automatically expire; however, the Secretary, in his or her | ||||||
21 | discretion,
may reinstate an expired license upon:
| ||||||
22 | (1) payment of the annual fee within 30 days of the | ||||||
23 | date of
expiration; and
| ||||||
24 | (2) proof of good cause for failure to renew.
| ||||||
25 | (f) Not more than one place of business shall be maintained | ||||||
26 | under the
same license, but the Secretary may issue more than |
| |||||||
| |||||||
1 | one license to the same
licensee upon compliance with all the | ||||||
2 | provisions of this Act governing
issuance of a single license. | ||||||
3 | The location, except those locations already in
existence as of | ||||||
4 | June 1, 2005, may not be within one mile of a
horse race track | ||||||
5 | subject to the Illinois Horse Racing Act of 1975,
within one | ||||||
6 | mile of a facility at which gambling is conducted under the | ||||||
7 | Illinois
Riverboat Gambling Act, within one mile of the | ||||||
8 | location at which a
riverboat subject to the Illinois Riverboat | ||||||
9 | Gambling Act docks, or within one mile of
any State of Illinois | ||||||
10 | or United States military base or naval installation.
| ||||||
11 | (g) No licensee shall conduct the business of making loans | ||||||
12 | under this
Act within any office, suite, room, or place of | ||||||
13 | business in which any other
business is solicited or engaged in | ||||||
14 | unless the other business is licensed by the Department or, in | ||||||
15 | the opinion of the Secretary, the
other business would not be | ||||||
16 | contrary to the best interests of consumers and
is authorized | ||||||
17 | by the Secretary in writing.
| ||||||
18 | (h) The Secretary shall maintain a list of licensees that | ||||||
19 | shall be
available to interested consumers and lenders and the | ||||||
20 | public. The Secretary
shall maintain a toll-free number whereby | ||||||
21 | consumers may obtain
information about licensees. The | ||||||
22 | Secretary shall also establish a complaint
process under which | ||||||
23 | an aggrieved consumer
may file a complaint against a licensee | ||||||
24 | or non-licensee who violates any
provision of this Act.
| ||||||
25 | (Source: P.A. 94-13, eff. 12-6-05.)
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| |||||||
1 | (Text of Section after amendment by P.A. 96-936 ) | ||||||
2 | Sec. 3-5. Licensure. | ||||||
3 | (a) A license to make a payday loan shall state the | ||||||
4 | address,
including city and state, at which
the business is to | ||||||
5 | be conducted and shall state fully the name of the licensee.
| ||||||
6 | The license shall be conspicuously posted in the place of | ||||||
7 | business of the
licensee and shall not be transferable or | ||||||
8 | assignable.
| ||||||
9 | (b) An application for a license shall be in writing and in | ||||||
10 | a form
prescribed by the Secretary. The Secretary may not issue | ||||||
11 | a payday loan
license unless and until the following findings | ||||||
12 | are made:
| ||||||
13 | (1) that the financial responsibility, experience, | ||||||
14 | character, and general
fitness of the applicant are such as | ||||||
15 | to command the confidence of the public
and to warrant the | ||||||
16 | belief that the business will be operated lawfully and
| ||||||
17 | fairly and within the provisions and purposes of this Act; | ||||||
18 | and
| ||||||
19 | (2) that the applicant has submitted such other | ||||||
20 | information as the
Secretary may deem necessary.
| ||||||
21 | (c) A license shall be issued for no longer than one year, | ||||||
22 | and no renewal
of a license may be provided if a licensee has | ||||||
23 | substantially violated this
Act and has not cured the violation | ||||||
24 | to the satisfaction of the Department.
| ||||||
25 | (d) A licensee shall appoint, in writing, the Secretary as | ||||||
26 | attorney-in-fact
upon whom all lawful process against the |
| |||||||
| |||||||
1 | licensee may be served with the
same legal force and validity | ||||||
2 | as if served on the licensee. A copy of the
written | ||||||
3 | appointment, duly certified, shall be filed in the office of | ||||||
4 | the
Secretary, and a copy thereof certified by the Secretary | ||||||
5 | shall be sufficient
evidence to subject a licensee to | ||||||
6 | jurisdiction in a court of law. This appointment shall remain | ||||||
7 | in effect while any liability remains
outstanding in this State | ||||||
8 | against the licensee. When summons is served upon
the Secretary | ||||||
9 | as attorney-in-fact for a licensee, the Secretary shall | ||||||
10 | immediately
notify the licensee by registered mail, enclosing | ||||||
11 | the summons and specifying
the hour and day of service.
| ||||||
12 | (e) A licensee must pay an annual fee of $1,000. In | ||||||
13 | addition to the
license fee, the reasonable expense of any | ||||||
14 | examination or hearing
by the Secretary under any provisions of | ||||||
15 | this Act shall be borne by
the licensee. If a licensee fails to | ||||||
16 | renew its license by December 31,
its license
shall | ||||||
17 | automatically expire; however, the Secretary, in his or her | ||||||
18 | discretion,
may reinstate an expired license upon:
| ||||||
19 | (1) payment of the annual fee within 30 days of the | ||||||
20 | date of
expiration; and
| ||||||
21 | (2) proof of good cause for failure to renew.
| ||||||
22 | (f) Not more than one place of business shall be maintained | ||||||
23 | under the
same license, but the Secretary may issue more than | ||||||
24 | one license to the same
licensee upon compliance with all the | ||||||
25 | provisions of this Act governing
issuance of a single license. | ||||||
26 | The location, except those locations already in
existence as of |
| |||||||
| |||||||
1 | June 1, 2005, may not be within one mile of a
horse race track | ||||||
2 | subject to the Illinois Horse Racing Act of 1975,
within one | ||||||
3 | mile of a facility at which gambling is conducted under the | ||||||
4 | Illinois
Riverboat Gambling Act, within one mile of the | ||||||
5 | location at which a
riverboat subject to the Illinois Riverboat | ||||||
6 | Gambling Act docks, or within one mile of
any State of Illinois | ||||||
7 | or United States military base or naval installation.
| ||||||
8 | (g) No licensee shall conduct the business of making loans | ||||||
9 | under this
Act within any office, suite, room, or place of | ||||||
10 | business in which (1) any loans are offered or made under the | ||||||
11 | Consumer Installment Loan Act other than title secured loans as | ||||||
12 | defined in subsection (a) of Section 15 of the Consumer | ||||||
13 | Installment Loan Act and governed by Title 38, Section 110.330 | ||||||
14 | of the Illinois Administrative Code or (2) any other
business | ||||||
15 | is solicited or engaged in unless the other business is | ||||||
16 | licensed by the Department or, in the opinion of the Secretary, | ||||||
17 | the
other business would not be contrary to the best interests | ||||||
18 | of consumers and
is authorized by the Secretary in writing.
| ||||||
19 | (g-5) Notwithstanding subsection (g) of this Section, a | ||||||
20 | licensee may obtain a license under the Consumer Installment | ||||||
21 | Loan Act (CILA) for the exclusive purpose and use of making | ||||||
22 | title secured loans, as defined in subsection (a) of Section 15 | ||||||
23 | of CILA and governed by Title 38, Section 110.300 of the | ||||||
24 | Illinois Administrative Code. A licensee may continue to | ||||||
25 | service Consumer Installment Loan Act loans that were | ||||||
26 | outstanding as of the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | the 96th General Assembly. | ||||||
2 | (h) The Secretary shall maintain a list of licensees that | ||||||
3 | shall be
available to interested consumers and lenders and the | ||||||
4 | public. The Secretary
shall maintain a toll-free number whereby | ||||||
5 | consumers may obtain
information about licensees. The | ||||||
6 | Secretary shall also establish a complaint
process under which | ||||||
7 | an aggrieved consumer
may file a complaint against a licensee | ||||||
8 | or non-licensee who violates any
provision of this Act.
| ||||||
9 | (Source: P.A. 96-936, eff. 3-21-11.)
| ||||||
10 | Section 90-65. The Travel Promotion Consumer Protection | ||||||
11 | Act is amended by changing Section 2 as follows:
| ||||||
12 | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
| ||||||
13 | Sec. 2. Definitions.
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14 | (a) "Travel promoter" means a person, including a tour | ||||||
15 | operator, who sells,
provides, furnishes, contracts for, | ||||||
16 | arranges or advertises that he or she will
arrange wholesale or | ||||||
17 | retail transportation by air, land, sea or navigable
stream, | ||||||
18 | either separately or in conjunction with other services. | ||||||
19 | "Travel
promoter" does not include (1) an air carrier; (2) a | ||||||
20 | sea carrier; (3) an
officially appointed agent of an air | ||||||
21 | carrier who is a member in good standing
of the Airline | ||||||
22 | Reporting Corporation; (4) a travel promoter who has in
force | ||||||
23 | $1,000,000 or more of liability insurance coverage for | ||||||
24 | professional
errors and omissions and a surety bond or |
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| |||||||
1 | equivalent surety in the amount of
$100,000 or more for the | ||||||
2 | benefit of consumers in the event of a bankruptcy on
the part | ||||||
3 | of the travel promoter; or (5) a riverboat subject to | ||||||
4 | regulation under
the Illinois Riverboat Gambling Act.
| ||||||
5 | (b) "Advertise" means to make any representation in the | ||||||
6 | solicitation of
passengers and includes communication with | ||||||
7 | other members of the same
partnership, corporation, joint | ||||||
8 | venture, association, organization, group or
other entity.
| ||||||
9 | (c) "Passenger" means a person on whose behalf money or | ||||||
10 | other
consideration has been given or is to be given to | ||||||
11 | another, including
another member of the same partnership, | ||||||
12 | corporation, joint venture,
association, organization, group | ||||||
13 | or other entity, for travel.
| ||||||
14 | (d) "Ticket or voucher" means a writing or combination of | ||||||
15 | writings which
is itself good and sufficient to obtain
| ||||||
16 | transportation and other services for which the passenger has | ||||||
17 | contracted.
| ||||||
18 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
19 | (30 ILCS 105/5.490 rep.) | ||||||
20 | Section 90-70. The State Finance Act is amended by | ||||||
21 | repealing Section 5.490.
| ||||||
22 | (230 ILCS 5/54 rep.) | ||||||
23 | Section 90-75. The Illinois Horse Racing Act of 1975 is | ||||||
24 | amended by repealing Section 54.
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1 | ARTICLE 99. | ||||||
2 | Section 99-97. Severability. The provisions of this Act are | ||||||
3 | severable under Section 1.31 of the Statute on Statutes.
|