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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,
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| 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. References in this | ||||||
| 7 | Article to "this Act" mean this Article.
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| 8 | Section 1-2. Legislative intent. | ||||||
| 9 | (a) This Act is intended to benefit the people of the City | ||||||
| 10 | of Chicago and the State of Illinois by assisting economic | ||||||
| 11 | development and promoting tourism and by increasing the amount | ||||||
| 12 | of revenues available to the City and the State to assist and | ||||||
| 13 | support the City's pension obligation in accordance with Public | ||||||
| 14 | Act 99-506.
| ||||||
| 15 | (b) While authorization of casino gambling in Chicago will | ||||||
| 16 | enhance investment, development, and tourism in Illinois, it is | ||||||
| 17 | recognized that it will do so successfully only if public | ||||||
| 18 | confidence and trust in the credibility and integrity of the | ||||||
| 19 | gambling operations and the regulatory process is maintained. | ||||||
| 20 | Therefore, the provisions of this Act are designed to allow the | ||||||
| 21 | Illinois Gaming Board to strictly regulate the facilities, | ||||||
| 22 | persons, associations, and practices related to gambling | ||||||
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| 1 | operations pursuant to the police powers of the State, | ||||||
| 2 | including comprehensive law enforcement supervision. | ||||||
| 3 | Consistent with the Gaming Board's authority, the Gaming Board | ||||||
| 4 | alone shall regulate any Chicago casino, just as it now | ||||||
| 5 | regulates every other casino in Illinois.
| ||||||
| 6 | Section 1-5. Definitions.
As used in this Act: | ||||||
| 7 | "Authority" means the Chicago Casino Development Authority | ||||||
| 8 | created by this
Act.
| ||||||
| 9 | "Casino" means one temporary land-based or water-based | ||||||
| 10 | facility and one permanent land-based or water-based facility | ||||||
| 11 | and airport gaming locations pursuant to Section 1-67 of this | ||||||
| 12 | Act at which lawful gambling is authorized
and licensed as | ||||||
| 13 | provided in the Illinois Gambling Act.
| ||||||
| 14 | "Casino Board" means the board appointed pursuant to this | ||||||
| 15 | Act to govern and control
the Authority. | ||||||
| 16 | "Casino management contract" means a legally binding
| ||||||
| 17 | agreement between the Authority and a casino operator licensee | ||||||
| 18 | to operate or manage a casino. | ||||||
| 19 | "Casino operator licensee" means any person or entity | ||||||
| 20 | selected by the Authority and approved and licensed by the | ||||||
| 21 | Gaming Board to manage and operate a casino within the City of | ||||||
| 22 | Chicago pursuant to a casino management contract. | ||||||
| 23 | "City" means the City of Chicago.
| ||||||
| 24 | "Entity" means a corporation, joint venture, partnership, | ||||||
| 25 | limited liability company, trust, or unincorporated | ||||||
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| 1 | association. | ||||||
| 2 | "Executive director" means the person appointed by the | ||||||
| 3 | Casino Board to oversee the
daily operations of the Authority.
| ||||||
| 4 | "Gaming Board" means the Illinois Gaming Board created by | ||||||
| 5 | the Illinois Gambling Act.
| ||||||
| 6 | "Mayor" means the Mayor of the City.
| ||||||
| 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.
| ||||||
| 12 | Section 1-13. Duties of the Authority. It shall be the duty | ||||||
| 13 | of the Authority, as an owners licensee under the Illinois | ||||||
| 14 | Gambling Act, to promote and maintain a casino in the City. The | ||||||
| 15 | Authority shall own, acquire, construct, lease, equip, and | ||||||
| 16 | maintain grounds, buildings, and facilities for that purpose. | ||||||
| 17 | However, the Authority shall contract with a casino operator | ||||||
| 18 | licensee to manage and operate the casino and in no event shall | ||||||
| 19 | the Authority or City manage or operate the casino. The | ||||||
| 20 | Authority may contract pursuant to the procedures set forth in | ||||||
| 21 | Section 1-115 with other third parties in order to fulfill its | ||||||
| 22 | purpose. The Authority is responsible for the payment of any | ||||||
| 23 | fees required of a casino operator under subsection (a) of | ||||||
| 24 | Section 7.9 of the Illinois Gambling Act if the casino operator | ||||||
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| 1 | licensee is late in paying any such fees. The Authority is | ||||||
| 2 | granted all rights and powers necessary to perform such duties. | ||||||
| 3 | Subject to the provisions of this Act, the Authority and casino | ||||||
| 4 | operator licensee are subject to the Illinois Gambling Act and | ||||||
| 5 | all of the rules of the Gaming Board, which shall be applied to | ||||||
| 6 | the Authority and the casino operator licensee in a manner | ||||||
| 7 | consistent with that of other owners licensees under the | ||||||
| 8 | Illinois Gambling Act. Nothing in this Act shall confer | ||||||
| 9 | regulatory authority on the Chicago Casino Development | ||||||
| 10 | Authority. The Illinois Gaming Board shall have exclusive | ||||||
| 11 | regulatory authority over all gambling operations governed by | ||||||
| 12 | this Act.
| ||||||
| 13 | Section 1-15. Casino Board. | ||||||
| 14 | (a) The governing and administrative powers of the | ||||||
| 15 | Authority shall be vested
in a body known as the Chicago Casino | ||||||
| 16 | Development Board. The Casino Board shall
consist of 5 members | ||||||
| 17 | appointed by the Mayor. One of these
members shall be | ||||||
| 18 | designated
by the Mayor to serve as chairperson.
All of the | ||||||
| 19 | members
appointed by the Mayor shall be residents of the City. | ||||||
| 20 | Each Casino Board appointee shall be subject to a | ||||||
| 21 | preliminary background investigation completed by the Gaming | ||||||
| 22 | Board within 30 days after the appointee's submission of his or | ||||||
| 23 | her application to the Gaming Board. If the Gaming Board | ||||||
| 24 | determines that there is a substantial likelihood that it will | ||||||
| 25 | not find the appointee to be suitable to serve on the Casino | ||||||
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| 1 | Board (applying the same standards for suitability to the
| ||||||
| 2 | appointee as the Gaming Board would apply to an owners licensee | ||||||
| 3 | key person under the
Gaming Board's adopted rules), then the | ||||||
| 4 | Gaming Board shall provide a
written notice of such | ||||||
| 5 | determination to the appointee and the
Corporation Counsel of | ||||||
| 6 | the City. The Mayor may then appoint a new candidate. If no | ||||||
| 7 | such notice is delivered with respect to a particular | ||||||
| 8 | appointee, then commencing on the 31st day following the date | ||||||
| 9 | of the appointee's submission of his or her application to the | ||||||
| 10 | Gaming Board, the appointee shall be deemed an acting member of | ||||||
| 11 | the Casino Board and shall participate as a Casino Board | ||||||
| 12 | member. | ||||||
| 13 | Each appointee shall be subject to a full background | ||||||
| 14 | investigation and final approval by the Gaming Board prior to | ||||||
| 15 | the opening of the casino. The Gaming Board shall complete its | ||||||
| 16 | full background investigation of the Casino Board appointee | ||||||
| 17 | within 3 months after the date of the appointee's submission of | ||||||
| 18 | his or her application to the Gaming Board. If the Gaming Board | ||||||
| 19 | does not complete its background investigation within the | ||||||
| 20 | 3-month period, then the Gaming Board shall give a written | ||||||
| 21 | explanation to the appointee, as well as the Mayor, the | ||||||
| 22 | Governor, the President of the Senate, and the Speaker of the | ||||||
| 23 | House of Representatives, as to why it has not reached a final | ||||||
| 24 | determination and set forth a reasonable time when such | ||||||
| 25 | determination shall be made.
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| 26 | (b) Casino Board members shall receive $300 for each day | ||||||
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| 1 | the Authority meets and
shall be entitled to reimbursement of | ||||||
| 2 | reasonable expenses incurred in the
performance of their | ||||||
| 3 | official duties. A Casino Board member who serves in the office
| ||||||
| 4 | of secretary-treasurer may also receive compensation for | ||||||
| 5 | services provided
as that officer.
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| 6 | Section 1-20. Terms of appointments; resignation and | ||||||
| 7 | removal. | ||||||
| 8 | (a) The Mayor shall appoint 2 members of the Casino Board | ||||||
| 9 | for an initial term expiring July 1 of the year following final | ||||||
| 10 | approval by the Gaming Board, 2 members for an initial term | ||||||
| 11 | expiring July 1 three years following final approval by the | ||||||
| 12 | Gaming Board, and one member for an initial term expiring July | ||||||
| 13 | 1 five years following final approval by the Gaming Board.
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| 14 | (b) All successors shall be appointed by the Mayor to hold | ||||||
| 15 | office for a term of 5 years from the first day of July of the | ||||||
| 16 | year in which they are appointed, except in the case of an | ||||||
| 17 | appointment to fill a vacancy. Each member, including the | ||||||
| 18 | chairperson, shall hold office until the expiration of his or | ||||||
| 19 | her term and until his or her successor is appointed and | ||||||
| 20 | qualified. Nothing shall preclude a member from serving | ||||||
| 21 | consecutive terms. Any member may resign from office, to take | ||||||
| 22 | effect when a successor has been appointed and qualified. A | ||||||
| 23 | vacancy in office shall occur in the case of a member's death | ||||||
| 24 | or indictment, conviction, or plea of guilty to a felony. A | ||||||
| 25 | vacancy shall be filled for the unexpired term by the Mayor | ||||||
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| 1 | subject to the approval of the Gaming Board as provided in this | ||||||
| 2 | Section.
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| 3 | (c) Members of the Casino Board shall serve at the pleasure | ||||||
| 4 | of the Mayor. The Mayor or the Gaming Board may remove any | ||||||
| 5 | member of the Casino Board upon a finding of incompetence, | ||||||
| 6 | neglect of duty, or misfeasance or malfeasance in office or for | ||||||
| 7 | a violation of this Act. The Gaming Board may remove any member | ||||||
| 8 | of the Casino Board for any violation of the Illinois Gambling | ||||||
| 9 | Act or the rules and regulations of the Gaming Board.
| ||||||
| 10 | (d) No member of the Casino Board shall engage in any | ||||||
| 11 | political activity. For the purpose of this Section, "political | ||||||
| 12 | activity" means any activity in support of or in connection | ||||||
| 13 | with any campaign for federal, State, or local elective office | ||||||
| 14 | or any political organization, but does not include activities | ||||||
| 15 | (i) relating to the support or opposition of any executive, | ||||||
| 16 | legislative, or administrative action, as those terms are | ||||||
| 17 | defined in Section 2 of the Lobbyist Registration Act, (ii) | ||||||
| 18 | relating to collective bargaining, or (iii) that are otherwise | ||||||
| 19 | in furtherance of the person's official duties or governmental | ||||||
| 20 | and public service functions.
| ||||||
| 21 | Section 1-25. Organization of Casino Board; meetings. | ||||||
| 22 | After appointment by the Mayor, the Casino Board shall organize | ||||||
| 23 | for the transaction of business, provided that the Casino Board | ||||||
| 24 | shall not take any formal action until after the Gaming Board | ||||||
| 25 | has completed its preliminary background investigation of at | ||||||
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| 1 | least a quorum of the Casino Board as provided in subsection | ||||||
| 2 | (a) of Section 1-15. The Casino Board shall prescribe the time | ||||||
| 3 | and place for meetings, the manner in which special meetings | ||||||
| 4 | may be called, and the notice that must be given to members. | ||||||
| 5 | All actions and meetings of the Casino Board shall be subject | ||||||
| 6 | to the provisions of the Open Meetings Act. Three members of | ||||||
| 7 | the Casino Board shall constitute a quorum. All substantive | ||||||
| 8 | action of the Casino Board shall be by resolution with an | ||||||
| 9 | affirmative vote of a majority of the members.
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| 10 | Section 1-30. Executive director; officers. | ||||||
| 11 | (a) The Casino Board shall appoint
an executive director, | ||||||
| 12 | who shall be the chief executive officer of the
Authority. | ||||||
| 13 | The executive director shall be subject to a preliminary | ||||||
| 14 | background investigation to be completed by the Gaming Board | ||||||
| 15 | within 30 days after the executive director's submission of his | ||||||
| 16 | or her application to the Gaming Board. If the Gaming Board | ||||||
| 17 | determines that there is a substantial likelihood that it will | ||||||
| 18 | not find the executive director to be suitable to serve in that | ||||||
| 19 | position (applying the same standards for suitability as the
| ||||||
| 20 | Gaming Board would apply to an owners licensee key person under | ||||||
| 21 | the Gaming Board's adopted rules), then the Gaming Board shall | ||||||
| 22 | provide a written notice of such determination to the appointee | ||||||
| 23 | and the Corporation Counsel of the City. The Casino Board may | ||||||
| 24 | then appoint a new executive director. If no such notice is | ||||||
| 25 | delivered, then commencing on the 31st day following the date | ||||||
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| 1 | of the executive director's submission of his or her | ||||||
| 2 | application to the Gaming Board, the executive director shall | ||||||
| 3 | commence all duties as the acting executive director of the | ||||||
| 4 | Authority. | ||||||
| 5 | The executive director shall be subject to a full | ||||||
| 6 | background investigation and final approval by the Gaming Board | ||||||
| 7 | prior to the opening of the casino. The Gaming Board shall | ||||||
| 8 | complete its full background investigation of the executive | ||||||
| 9 | director within 3 months after the date of the executive | ||||||
| 10 | director's submission of his or her application to the Gaming | ||||||
| 11 | Board. If the Gaming Board does not complete its background | ||||||
| 12 | investigation within the 3-month period, then the Gaming Board | ||||||
| 13 | shall give a written explanation to the appointee, as well as | ||||||
| 14 | the Mayor, the Governor, the President of the Senate, and the | ||||||
| 15 | Speaker of the House of Representatives, as to why it has not | ||||||
| 16 | reached a final determination and set forth a reasonable time | ||||||
| 17 | when such determination shall be made.
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| 18 | (b) The Casino Board shall fix the compensation of the | ||||||
| 19 | executive director.
Subject to the general control of the | ||||||
| 20 | Casino Board, the executive director shall be
responsible for | ||||||
| 21 | the management of the business, properties, and
employees of | ||||||
| 22 | the Authority. The executive director shall direct the
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| 23 | enforcement of all resolutions, rules, and regulations of the | ||||||
| 24 | Casino Board, and shall
perform such other duties as may be | ||||||
| 25 | prescribed from
time to time by the Casino Board. All employees | ||||||
| 26 | and independent contractors,
consultants, engineers, | ||||||
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| 1 | architects, accountants, attorneys, financial experts,
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| 2 | construction experts and personnel, superintendents, managers, | ||||||
| 3 | and other
personnel appointed or employed pursuant to this Act | ||||||
| 4 | shall
report to the executive director. In addition to any | ||||||
| 5 | other duties set forth in
this Act, the executive director | ||||||
| 6 | shall do or shall delegate to an employee or agent of the | ||||||
| 7 | Authority to do all of the following:
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| 8 | (1) Direct and supervise the administrative affairs | ||||||
| 9 | and activities of the
Authority in accordance with its | ||||||
| 10 | rules, regulations, and policies.
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| 11 | (2) Attend meetings of the Casino Board.
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| 12 | (3) Keep minutes of all proceedings of the Casino | ||||||
| 13 | Board.
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| 14 | (4) Approve all accounts for salaries, per diem | ||||||
| 15 | payments, and allowable
expenses of the Casino Board and | ||||||
| 16 | its employees and consultants.
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| 17 | (5) Report and make recommendations to the Casino Board | ||||||
| 18 | concerning the terms and
conditions of any casino | ||||||
| 19 | management contract.
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| 20 | (6) Perform any other duty that the Casino Board | ||||||
| 21 | requires for carrying out the
provisions of this Act.
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| 22 | (7) Devote his or her full time to the duties of the | ||||||
| 23 | office and not hold
any other office or employment.
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| 24 | (c) The Casino Board may select a secretary-treasurer and | ||||||
| 25 | other officers to hold office at the pleasure of the Casino | ||||||
| 26 | Board. The Casino Board
shall fix the duties of such officers.
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| 1 | Section 1-31. General rights and powers of the Authority. | ||||||
| 2 | (a) In addition to the duties and powers set forth in this | ||||||
| 3 | Act, the Authority shall have the following rights and powers: | ||||||
| 4 | (1) Adopt and alter an official seal. | ||||||
| 5 | (2) Establish and change its fiscal year. | ||||||
| 6 | (3) Sue and be sued, plead and be impleaded, all in its | ||||||
| 7 | own name, and agree to binding arbitration of any dispute | ||||||
| 8 | to which it is a party. | ||||||
| 9 | (4) Adopt, amend, and repeal bylaws, rules, and | ||||||
| 10 | regulations consistent with the furtherance of the powers | ||||||
| 11 | and duties provided for. | ||||||
| 12 | (5) Maintain its principal office within the City and | ||||||
| 13 | such other offices as the Casino Board may designate. | ||||||
| 14 | (6) Select locations in the City for a temporary and a | ||||||
| 15 | permanent casino. | ||||||
| 16 | (7) Subject to the bidding procedures of Section 1-115 | ||||||
| 17 | of this Act, retain or employ, either as regular employees | ||||||
| 18 | or independent contractors, consultants, engineers, | ||||||
| 19 | architects, accountants, attorneys, financial experts, | ||||||
| 20 | construction experts and personnel, superintendents, | ||||||
| 21 | managers and other professional personnel, and such other | ||||||
| 22 | personnel as may be necessary in the judgment of the Casino | ||||||
| 23 | Board, and fix their compensation; however, employees of | ||||||
| 24 | the Authority shall be hired pursuant to and in accordance | ||||||
| 25 | with the rules and policies the Authority may adopt. | ||||||
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| 1 | (8) Pursuant to Section 1-115 of this Act, own, | ||||||
| 2 | acquire, construct, equip, lease, operate, manage, and | ||||||
| 3 | maintain grounds, buildings, and facilities to carry out | ||||||
| 4 | its corporate purposes and duties. | ||||||
| 5 | (9) Pursuant to Section 1-115, and subject to the | ||||||
| 6 | oversight, review, and approval of the Gaming Board, enter | ||||||
| 7 | into, revoke, and modify contracts in accordance with the | ||||||
| 8 | rules of the Gaming Board as consistently applied to all | ||||||
| 9 | owners licensees under the Illinois Gambling Act, provided | ||||||
| 10 | that the Authority may enter into contracts for the design, | ||||||
| 11 | construction, and outfitting of a temporary casino prior to | ||||||
| 12 | the Gaming Board's final approval of the Authority's | ||||||
| 13 | executive director and the members of the Casino Board and | ||||||
| 14 | prior to the Gaming Board's issuance of the Authority's | ||||||
| 15 | owners license. Provided further that the entities | ||||||
| 16 | selected by the Authority for the design, construction,
and | ||||||
| 17 | outfitting of the temporary casino shall be subject to a | ||||||
| 18 | preliminary background investigation to
be completed by | ||||||
| 19 | the Gaming Board within 30 days after the Gaming Board is | ||||||
| 20 | provided the
identities of the entities. If the Gaming | ||||||
| 21 | Board determines that there is a substantial likelihood
| ||||||
| 22 | that the entities are not suitable or acceptable to perform | ||||||
| 23 | their respective functions, then the
Gaming Board shall | ||||||
| 24 | immediately provide notice of that determination to the | ||||||
| 25 | Authority. If no such
notice is delivered, then, commencing | ||||||
| 26 | on the 31st day following the date on which the information
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| 1 | identifying such entities is provided to the Gaming Board, | ||||||
| 2 | such entities shall be permitted to
commence the services | ||||||
| 3 | contemplated for the design, construction, and outfitting | ||||||
| 4 | of the temporary
casino. In no event, however, shall the | ||||||
| 5 | Authority open a casino until after the Gaming Board has | ||||||
| 6 | finally approved the Authority's executive director and | ||||||
| 7 | the members of the Casino Board and the Gaming Board has | ||||||
| 8 | issued the Authority's owners license and the casino | ||||||
| 9 | operator's casino operator license. | ||||||
| 10 | (10) Enter into a casino management contract subject to | ||||||
| 11 | the provisions of Section 1-45 of this Act. | ||||||
| 12 | (11) Negotiate and enter into intergovernmental | ||||||
| 13 | agreements with the State and its agencies, the City, and | ||||||
| 14 | other units of local government, in furtherance of the | ||||||
| 15 | powers and duties of the Casino Board. | ||||||
| 16 | (12) Receive and disburse funds for its own corporate | ||||||
| 17 | purposes or as otherwise specified in this Act. | ||||||
| 18 | (13) Borrow money from any source, public or private, | ||||||
| 19 | for any corporate purpose, including, without limitation, | ||||||
| 20 | working capital for its operations, reserve funds, or | ||||||
| 21 | payment of interest, and to mortgage, pledge, or otherwise | ||||||
| 22 | encumber the property or funds of the Authority and to | ||||||
| 23 | contract with or engage the services of any person in | ||||||
| 24 | connection with any financing, including financial | ||||||
| 25 | institutions, issuers of letters of credit, or insurers and | ||||||
| 26 | enter into reimbursement agreements with this person or | ||||||
| |||||||
| |||||||
| 1 | entity which may be secured as if money were borrowed from | ||||||
| 2 | the person or entity. | ||||||
| 3 | (14) Issue bonds as provided for under this Act. | ||||||
| 4 | (15) Receive and accept from any source, private or | ||||||
| 5 | public, contributions, gifts, or grants of money or | ||||||
| 6 | property to the Authority. | ||||||
| 7 | (16) Provide for the insurance of any property, | ||||||
| 8 | operations, officers, members, agents, or employees of the | ||||||
| 9 | Authority against any risk or hazard, to self-insure or | ||||||
| 10 | participate in joint self-insurance pools or entities to | ||||||
| 11 | insure against such risk or hazard, and to provide for the | ||||||
| 12 | indemnification of its officers, members, employees, | ||||||
| 13 | contractors, or agents against any and all risks. | ||||||
| 14 | (17) Exercise all the corporate powers granted | ||||||
| 15 | Illinois corporations under the Business Corporation Act | ||||||
| 16 | of 1983, except to the extent that powers are inconsistent | ||||||
| 17 | with those of a body politic and municipal corporation. | ||||||
| 18 | (18) Do all things necessary or convenient to carry out | ||||||
| 19 | the powers granted by this Act. | ||||||
| 20 | (b) The Casino Board shall comply with all applicable legal | ||||||
| 21 | requirements imposed on other owners licensees to conduct all | ||||||
| 22 | background investigations required under the Illinois Gambling | ||||||
| 23 | Act and the rules of the Gaming Board. This requirement shall | ||||||
| 24 | also extend to senior legal, financial, and administrative | ||||||
| 25 | staff of the Authority.
| ||||||
| |||||||
| |||||||
| 1 | Section 1-32. Ethical conduct. | ||||||
| 2 | (a) Casino Board members and employees of the Authority | ||||||
| 3 | must carry out their duties and responsibilities in such a | ||||||
| 4 | manner as to promote and preserve public trust and confidence | ||||||
| 5 | in the integrity and conduct of gaming. | ||||||
| 6 | (b) Except as may be required in the conduct of official | ||||||
| 7 | duties, Casino Board members and employees of the Authority | ||||||
| 8 | shall not engage in gambling on any riverboat, in any casino, | ||||||
| 9 | or in an electronic gaming facility licensed by the Illinois | ||||||
| 10 | Gaming Board or engage in legalized gambling in any | ||||||
| 11 | establishment identified by Gaming Board action that, in the | ||||||
| 12 | judgment of the Gaming Board, could represent a potential for a | ||||||
| 13 | conflict of interest. | ||||||
| 14 | (c) A Casino Board member or employee of the Authority | ||||||
| 15 | shall not use or attempt to use his or her official position to | ||||||
| 16 | secure or attempt to secure any privilege, advantage, favor, or | ||||||
| 17 | influence for himself or herself or others. | ||||||
| 18 | (d) Casino Board members and employees of the Authority | ||||||
| 19 | shall not hold or pursue employment, office, position, | ||||||
| 20 | business, or occupation that may conflict with his or her | ||||||
| 21 | official duties. Employees may engage in other gainful | ||||||
| 22 | employment so long as that employment does not interfere or | ||||||
| 23 | conflict with their duties. Such employment must be disclosed | ||||||
| 24 | to the executive director and approved by the Casino Board. | ||||||
| 25 | (e) Casino Board members, employees of the Authority, and | ||||||
| 26 | elected officials and employees of the City may not engage in | ||||||
| |||||||
| |||||||
| 1 | employment, communications, or any activity identified by the | ||||||
| 2 | Casino Board or Gaming Board that, in the judgment of either | ||||||
| 3 | entity, could represent the potential for or the appearance of | ||||||
| 4 | a conflict of interest. | ||||||
| 5 | (f) Casino Board members, employees of the Authority, and | ||||||
| 6 | elected officials and employees of the City may not have a | ||||||
| 7 | financial interest, directly or indirectly, in his or her own | ||||||
| 8 | name or in the name of any other person, partnership, | ||||||
| 9 | association, trust, corporation, or other entity in any | ||||||
| 10 | contract or subcontract for the performance of any work for the | ||||||
| 11 | Authority. This prohibition shall extend to the holding or | ||||||
| 12 | acquisition of an interest in any entity identified by the | ||||||
| 13 | Casino Board or the Gaming Board that, in the judgment of | ||||||
| 14 | either entity, could represent the potential for or the | ||||||
| 15 | appearance of a financial interest. The holding or acquisition | ||||||
| 16 | of an interest in such entities through an indirect means, such | ||||||
| 17 | as through a mutual fund, shall not be prohibited, except that | ||||||
| 18 | the Gaming Board may identify specific investments or funds | ||||||
| 19 | that, in its judgment, are so influenced by gaming holdings as | ||||||
| 20 | to represent the potential for or the appearance of a conflict | ||||||
| 21 | of interest. | ||||||
| 22 | (g) Casino Board members, employees of the Authority, and | ||||||
| 23 | elected officials and employees of the City may not accept any | ||||||
| 24 | gift, gratuity, service, compensation, travel, lodging, or | ||||||
| 25 | thing of value, with the exception of unsolicited items of an | ||||||
| 26 | incidental nature, from any person, corporation, or entity | ||||||
| |||||||
| |||||||
| 1 | doing business with the Authority. | ||||||
| 2 | (h) No Casino Board member, employee of the Authority, or | ||||||
| 3 | elected official or employee of the City may, during employment | ||||||
| 4 | or within a period of 2 years immediately after termination of | ||||||
| 5 | employment, knowingly accept employment or receive | ||||||
| 6 | compensation or fees for services from a person or entity, or | ||||||
| 7 | its parent or affiliate, that has engaged in business with the | ||||||
| 8 | Authority that resulted in contracts with an aggregate value of | ||||||
| 9 | at least $25,000 or if that Casino Board member or employee has | ||||||
| 10 | made a decision that directly applied to the person or entity, | ||||||
| 11 | or its parent or affiliate. | ||||||
| 12 | (i) A spouse, child, or parent of a Casino Board member, | ||||||
| 13 | employee of the Authority, or elected official or employee of | ||||||
| 14 | the City may not have a financial interest, directly or | ||||||
| 15 | indirectly, in his or her own name or in the name of any other | ||||||
| 16 | person, partnership, association, trust, corporation, or other | ||||||
| 17 | entity in any contract or subcontract for the performance of | ||||||
| 18 | any work for the Authority. This prohibition shall extend to | ||||||
| 19 | the holding or acquisition of an interest in any entity | ||||||
| 20 | identified by the Casino Board or Gaming Board that, in the | ||||||
| 21 | judgment of either entity, could represent the potential for or | ||||||
| 22 | the appearance of a conflict of interest. The holding or | ||||||
| 23 | acquisition of an interest in such entities through an indirect | ||||||
| 24 | means, such as through a mutual fund, shall not be prohibited, | ||||||
| 25 | except that the Gaming Board may identify specific investments | ||||||
| 26 | or funds that, in its judgment, are so influenced by gaming | ||||||
| |||||||
| |||||||
| 1 | holdings as to represent the potential for or the appearance of | ||||||
| 2 | a conflict of interest. | ||||||
| 3 | (j) A spouse, child, or parent of a Casino Board member, | ||||||
| 4 | employee of the Authority, or elected official or employee of | ||||||
| 5 | the City may not accept any gift, gratuity, service, | ||||||
| 6 | compensation, travel, lodging, or thing of value, with the | ||||||
| 7 | exception of unsolicited items of an incidental nature, from | ||||||
| 8 | any person, corporation, or entity doing business with the | ||||||
| 9 | Authority. | ||||||
| 10 | (k) A spouse, child, or parent of a Casino Board member, | ||||||
| 11 | employee of the Authority, or elected official or employee of | ||||||
| 12 | the City may not, while the person is a Board member or | ||||||
| 13 | employee of the spouse or within a period of 2 years | ||||||
| 14 | immediately after termination of employment, knowingly accept | ||||||
| 15 | employment or receive compensation or fees for services from a | ||||||
| 16 | person or entity, or its parent or affiliate, that has engaged | ||||||
| 17 | in business with the Authority that resulted in contracts with | ||||||
| 18 | an aggregate value of at least $25,000 or if that Casino Board | ||||||
| 19 | member, employee, or elected official or employee of the City | ||||||
| 20 | has made a decision that directly applied to the person or | ||||||
| 21 | entity, or its parent or affiliate. | ||||||
| 22 | (l) No Casino Board member, employee of the Authority, or | ||||||
| 23 | elected official or employee of the City may attempt, in any | ||||||
| 24 | way, to influence any person or entity doing business with the | ||||||
| 25 | Authority or any officer, agent, or employee thereof to hire or | ||||||
| 26 | contract with any person or entity for any compensated work. | ||||||
| |||||||
| |||||||
| 1 | (m) No Casino Board member, employee of the Authority, or | ||||||
| 2 | elected official or employee of the City shall use or attempt | ||||||
| 3 | to use his or her official position to secure, or attempt to | ||||||
| 4 | secure, any privilege, advantage, favor, or influence for | ||||||
| 5 | himself or herself or others. No Casino Board member, employee | ||||||
| 6 | of the Authority, or elected official or employee of the City | ||||||
| 7 | shall, within one year immediately preceding appointment by the | ||||||
| 8 | Mayor or employment, have been employed or received | ||||||
| 9 | compensation or fees for services from a person or entity, or | ||||||
| 10 | its parent or affiliate, that has engaged in business with the | ||||||
| 11 | Casino Board, a licensee under this Act, or a licensee under | ||||||
| 12 | the Illinois Gambling Act. | ||||||
| 13 | (n) Any communication between an elected official of the | ||||||
| 14 | City and any applicant for or party to a casino management | ||||||
| 15 | contract with the Authority, or an officer, director, or | ||||||
| 16 | employee thereof, concerning any matter relating in any way to | ||||||
| 17 | gaming or the Authority shall be disclosed to the Casino Board | ||||||
| 18 | and the Gaming Board. Such disclosure shall be in writing by | ||||||
| 19 | the official within 30 days after the communication and shall | ||||||
| 20 | be filed with the Casino Board and the Gaming Board. Disclosure | ||||||
| 21 | must consist of the date of the communication, the identity and | ||||||
| 22 | job title of the person with whom the communication was made, a | ||||||
| 23 | brief summary of the communication, the action requested or | ||||||
| 24 | recommended, all responses made, the identity and job title of | ||||||
| 25 | the person making the response, and any other pertinent | ||||||
| 26 | information. In addition, if the communication is written or | ||||||
| |||||||
| |||||||
| 1 | digital, then the entire communication shall be disclosed. | ||||||
| 2 | Public disclosure of the written summary provided to the | ||||||
| 3 | Casino Board and the Gaming Board shall be subject to the | ||||||
| 4 | exemptions provided under Section 7 of the Freedom of | ||||||
| 5 | Information Act. | ||||||
| 6 | This subsection (n) shall not apply to communications | ||||||
| 7 | regarding traffic, law enforcement, security, environmental | ||||||
| 8 | issues, City services, transportation, or other routine | ||||||
| 9 | matters concerning the ordinary operations of the casino. | ||||||
| 10 | (o) For purposes of this Section: | ||||||
| 11 | "Ordinary operations" means operations relating to the | ||||||
| 12 | casino facility other than the conduct of gambling activities. | ||||||
| 13 | "Routine matters" includes the application for, issuance, | ||||||
| 14 | renewal, and other processes associated with City permits and | ||||||
| 15 | licenses. | ||||||
| 16 | "Employee of the City" means only those employees of the | ||||||
| 17 | City who provide services to the Authority or otherwise | ||||||
| 18 | influence the decisions of the Authority or the Casino Board. | ||||||
| 19 | (p) Any Casino Board member or employee of the Authority | ||||||
| 20 | who violates any provision of this Section is guilty of a Class | ||||||
| 21 | 4 felony.
| ||||||
| 22 | Section 1-45. Casino management contracts.
| ||||||
| 23 | (a) The Casino Board shall enter into a casino management | ||||||
| 24 | contract with a casino operator subject to a background | ||||||
| 25 | investigation and approval by the Gaming Board and payment by | ||||||
| |||||||
| |||||||
| 1 | the proposed casino operator of a fee of $50,000,000, which | ||||||
| 2 | shall be deposited into the Gaming Facilities Fee Revenue Fund. | ||||||
| 3 | The Gaming Board shall complete its background investigation | ||||||
| 4 | and approval of the casino operator within 6 months after the | ||||||
| 5 | date that the proposed casino operator submits its application | ||||||
| 6 | to the Gaming Board. If the Gaming Board does not complete its | ||||||
| 7 | background investigation and approval within the 6-month | ||||||
| 8 | period, then the Gaming Board shall give a written explanation | ||||||
| 9 | to the proposed casino operator and the chief legal officer of | ||||||
| 10 | the Authority as to why it has not reached a final | ||||||
| 11 | determination and when it reasonably expects to make a final | ||||||
| 12 | determination. Validity of the casino management contract is | ||||||
| 13 | contingent upon the issuance of a casino operator license. If | ||||||
| 14 | the Gaming Board grants a casino operator license, the Casino | ||||||
| 15 | Board shall transmit a copy of the executed casino management | ||||||
| 16 | contract to the Gaming Board. | ||||||
| 17 | (b) After (1) the Authority has been issued an owners | ||||||
| 18 | license, (2) the Gaming Board has issued a casino operator | ||||||
| 19 | license, and (3) the Gaming Board has approved the members of | ||||||
| 20 | the Casino Board, the Authority may conduct gaming operations | ||||||
| 21 | at a temporary facility, subject to the adopted rules of the | ||||||
| 22 | Gaming Board, for no longer than 24 months after gaming | ||||||
| 23 | operations begin. The Gaming Board may, after holding a public | ||||||
| 24 | hearing, grant an extension so long as a permanent facility is | ||||||
| 25 | not operational and the Authority is working in good faith to | ||||||
| 26 | complete the permanent facility. The Gaming Board may grant | ||||||
| |||||||
| |||||||
| 1 | additional extensions following further public hearings. Each | ||||||
| 2 | extension may be for a period of no longer than 6 months.
| ||||||
| 3 | Section 1-47. Freedom of Information Act. The Authority | ||||||
| 4 | shall be a public body as defined in the Freedom of Information | ||||||
| 5 | Act and shall be subject to the provisions of the Freedom of | ||||||
| 6 | Information Act.
| ||||||
| 7 | Section 1-50. Transfer of funds. The revenues received by | ||||||
| 8 | the Authority (other than amounts required to be paid pursuant | ||||||
| 9 | to the Illinois Gambling Act and amounts required to pay the
| ||||||
| 10 | operating expenses of the Authority, to pay amounts due the | ||||||
| 11 | casino operator licensee pursuant to a casino management | ||||||
| 12 | contract, to repay any borrowing of the Authority
made pursuant | ||||||
| 13 | to Section 1-31, to pay debt service on any bonds issued under
| ||||||
| 14 | Section
1-75, and to pay any expenses in connection with the | ||||||
| 15 | issuance of such bonds
pursuant to Section 1-75 or derivative | ||||||
| 16 | products pursuant to Section 1-85) shall
be transferred
to the
| ||||||
| 17 | City by the Authority. Moneys transferred to the City pursuant | ||||||
| 18 | to this Section shall be expended or obligated by the City for | ||||||
| 19 | pension payments in accordance with Public Act 99-506.
| ||||||
| 20 | Section 1-60. Auditor General. | ||||||
| 21 | (a) Prior to the issuance of bonds under this Act, the | ||||||
| 22 | Authority shall submit to the Auditor General a certification | ||||||
| 23 | that: | ||||||
| |||||||
| |||||||
| 1 | (1) it is legally authorized to issue bonds; | ||||||
| 2 | (2) scheduled annual payments of principal and | ||||||
| 3 | interest on the bonds to be issued meet the requirements of | ||||||
| 4 | Section 1-75 of this Act; | ||||||
| 5 | (3) no bond shall mature later than 30 years; and | ||||||
| 6 | (4) after payment of costs of issuance and necessary | ||||||
| 7 | deposits to funds and accounts established with respect to | ||||||
| 8 | debt service on the bonds, the net bond proceeds (exclusive | ||||||
| 9 | of any proceeds to be used to refund outstanding bonds) | ||||||
| 10 | will be used only for the purposes set forth in this Act. | ||||||
| 11 | The Authority also shall submit to the Auditor General its | ||||||
| 12 | projections on revenues to be generated and pledged to | ||||||
| 13 | repayment of the bonds as scheduled and such other information | ||||||
| 14 | as the Auditor General may reasonably request. | ||||||
| 15 | The Auditor General shall examine the certifications and | ||||||
| 16 | information submitted and submit a report to the Authority and | ||||||
| 17 | the Gaming Board indicating whether the required | ||||||
| 18 | certifications, projections, and other information have been | ||||||
| 19 | submitted by the Authority and whether the assumptions | ||||||
| 20 | underlying the projections are not unreasonable in the | ||||||
| 21 | aggregate. The Auditor General shall submit the report no later | ||||||
| 22 | than 60 days after receiving the information required to be | ||||||
| 23 | submitted by the Authority. | ||||||
| 24 | The Auditor General shall submit a bill to the Authority | ||||||
| 25 | for costs associated with the examinations and report required | ||||||
| 26 | under this Section. The Authority shall reimburse in a timely | ||||||
| |||||||
| |||||||
| 1 | manner. | ||||||
| 2 | (b) The Authority shall enter into an intergovernmental | ||||||
| 3 | agreement with the Auditor General authorizing the Auditor | ||||||
| 4 | General to, every 2 years, (i) review the financial audit of | ||||||
| 5 | the Authority performed by the Authority's certified public | ||||||
| 6 | accountants, (ii) perform a management audit of the Authority, | ||||||
| 7 | and (iii) perform a management audit of the casino operator | ||||||
| 8 | licensee. The Auditor General shall provide the Authority and | ||||||
| 9 | the General Assembly with the audits and shall post on his or | ||||||
| 10 | her Internet website such portions of the audit or other | ||||||
| 11 | financial information as generally would be made publicly | ||||||
| 12 | available for other owners licensees under the Illinois | ||||||
| 13 | Gambling Act. The Auditor General shall submit a bill to the | ||||||
| 14 | Authority for costs associated with the review and the audit | ||||||
| 15 | 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.
| ||||||
| 3 | The Committee shall consist of 9 members as provided in | ||||||
| 4 | this Section. Five members shall be selected by the Governor | ||||||
| 5 | and 4 members shall be selected by the Mayor. The Governor and | ||||||
| 6 | Mayor shall each appoint at least one current member of the | ||||||
| 7 | General Assembly. The Advisory Committee shall meet | ||||||
| 8 | periodically and shall report the information to the Mayor of | ||||||
| 9 | the City and to the General Assembly by December 31st of every | ||||||
| 10 | year. | ||||||
| 11 | The Advisory Committee shall be dissolved on the date that | ||||||
| 12 | casino gambling operations are first conducted at a permanent | ||||||
| 13 | facility under the license authorized under Section 7 of the | ||||||
| 14 | Illinois Gambling Act. For the purposes of this Section, the | ||||||
| 15 | terms "female" and "minority person" have the meanings provided | ||||||
| 16 | in Section 2 of the Business Enterprise for Minorities, | ||||||
| 17 | Females, and Persons with Disabilities Act.
| ||||||
| 18 | Section 1-65. Acquisition of property; eminent domain | ||||||
| 19 | proceedings. For the lawful purposes of this Act, the City may | ||||||
| 20 | acquire, by eminent
domain or by condemnation proceedings in | ||||||
| 21 | the manner provided by the Eminent Domain Act, real or personal | ||||||
| 22 | property or interests in real
or personal property located in | ||||||
| 23 | the City, and the City may convey to the Authority
property so | ||||||
| 24 | acquired. The acquisition of property under this Section is
| ||||||
| 25 | declared to be for a public use.
| ||||||
| |||||||
| |||||||
| 1 | Section 1-67. Limitations on gaming at Chicago airports. | ||||||
| 2 | The Authority may conduct gaming operations in an airport under | ||||||
| 3 | the administration or control of the Chicago Department of | ||||||
| 4 | Aviation. Gaming operations may be conducted pursuant to this | ||||||
| 5 | Section so long as (i) gaming operations are conducted in a | ||||||
| 6 | secured area that is beyond the Transportation Security | ||||||
| 7 | Administration security checkpoints and only available to | ||||||
| 8 | airline passengers at least 21 years of age who are members of | ||||||
| 9 | a private club, and not to the general public, (ii) gaming | ||||||
| 10 | operations are limited to slot machines, as defined in Section | ||||||
| 11 | 4 of the Illinois Gambling Act, and (iii) the combined number | ||||||
| 12 | of gaming positions operating in the City at the airports and | ||||||
| 13 | at the temporary and permanent casino facility does not exceed | ||||||
| 14 | the maximum number of gaming positions authorized pursuant to | ||||||
| 15 | subsection (h) of Section 7 of the Illinois Gambling Act. | ||||||
| 16 | Gaming operations at an airport are subject to all applicable | ||||||
| 17 | laws and rules that apply to any other gaming facility under | ||||||
| 18 | this Act or the Illinois Gambling Act.
| ||||||
| 19 | Section 1-70. Local regulation. In addition to this Act, | ||||||
| 20 | the Illinois Gambling Act, and all of the rules of the Gaming | ||||||
| 21 | Board, the casino facilities and operations therein
shall be | ||||||
| 22 | subject to all ordinances and regulations of the City. The
| ||||||
| 23 | construction, development, and operation of the casino shall | ||||||
| 24 | comply with all
ordinances, regulations, rules, and controls of | ||||||
| |||||||
| |||||||
| 1 | the City, including, but not
limited to, those relating to | ||||||
| 2 | zoning and planned development, building, fire
prevention, and | ||||||
| 3 | land use. However, the regulation of gaming operations is
| ||||||
| 4 | subject to the exclusive jurisdiction of the Gaming Board. The | ||||||
| 5 | Gaming Board shall be responsible for the investigation for and | ||||||
| 6 | issuance of all licenses required by this Act and the Illinois | ||||||
| 7 | Gambling Act.
| ||||||
| 8 | Section 1-75. Borrowing. | ||||||
| 9 | (a) The Authority may borrow money and
issue bonds as | ||||||
| 10 | provided in this Section. Bonds of the Authority may be issued
| ||||||
| 11 | to provide funds for land acquisition, site assembly and | ||||||
| 12 | preparation, and the design and construction of the casino, as | ||||||
| 13 | defined in the Illinois Gambling Act, all ancillary and related | ||||||
| 14 | facilities comprising the casino complex, and all on-site and | ||||||
| 15 | off-site infrastructure improvements required in connection | ||||||
| 16 | with the development of the casino; to refund (at the time or | ||||||
| 17 | in advance of any maturity or
redemption) or redeem any bonds | ||||||
| 18 | of the Authority; to provide or increase a
debt
service reserve | ||||||
| 19 | fund or other reserves with respect to any or all of its bonds;
| ||||||
| 20 | or to pay the legal, financial, administrative, bond
insurance, | ||||||
| 21 | credit enhancement, and other legal expenses of the | ||||||
| 22 | authorization,
issuance, or delivery of bonds. In this Act, the | ||||||
| 23 | term "bonds" also includes
notes of any kind, interim | ||||||
| 24 | certificates, refunding bonds, or any other evidence
of | ||||||
| 25 | obligation for borrowed money issued under this Section. Bonds | ||||||
| |||||||
| |||||||
| 1 | may be
issued in one or more series and may be payable and | ||||||
| 2 | secured either on a parity
with or separately from other bonds.
| ||||||
| 3 | (b) The bonds of the Authority shall be payable from one or | ||||||
| 4 | more of
the following sources: (i) the property or revenues of | ||||||
| 5 | the Authority; (ii)
revenues derived from the casino; (iii) | ||||||
| 6 | revenues derived from any casino
operator licensee; (iv) fees, | ||||||
| 7 | bid proceeds, charges, lease payments, payments required | ||||||
| 8 | pursuant to any
casino management contract or other revenues | ||||||
| 9 | payable to the
Authority, or any
receipts of the Authority; (v) | ||||||
| 10 | payments by financial institutions, insurance
companies, or | ||||||
| 11 | others pursuant to letters or lines of credit, policies of
| ||||||
| 12 | insurance, or purchase agreements; (vi) investment earnings | ||||||
| 13 | from funds or
accounts maintained pursuant to a bond resolution | ||||||
| 14 | or trust indenture; (vii)
proceeds of refunding bonds; (viii) | ||||||
| 15 | any other revenues derived from or payments by the City; and | ||||||
| 16 | (ix) any payments by any casino operator licensee or others | ||||||
| 17 | pursuant to any guaranty agreement.
| ||||||
| 18 | (c) Bonds shall be authorized by a resolution of the | ||||||
| 19 | Authority and may be
secured by a trust indenture by and | ||||||
| 20 | between the Authority and a corporate
trustee or trustees, | ||||||
| 21 | which may be any trust company or bank having the powers
of a | ||||||
| 22 | trust company within or without the State. Bonds shall meet the | ||||||
| 23 | following requirements:
| ||||||
| 24 | (1) Bonds may bear interest payable at any time or | ||||||
| 25 | times and at any rate or rates, notwithstanding any other | ||||||
| 26 | provision of law to the contrary, and may be subject to | ||||||
| |||||||
| |||||||
| 1 | such other terms and conditions as may be provided by the | ||||||
| 2 | resolution or indenture authorizing the issuance of such | ||||||
| 3 | bonds.
| ||||||
| 4 | (2) Bonds issued pursuant to this Section may be | ||||||
| 5 | payable on such dates and times as may be provided for by | ||||||
| 6 | the resolution or indenture authorizing the issuance of | ||||||
| 7 | such bonds; provided, however, that such bonds shall mature | ||||||
| 8 | no later than 30 years from the date of issuance. | ||||||
| 9 | (3) Bonds issued pursuant to this Section may be sold | ||||||
| 10 | pursuant to notice of sale and public bid or by negotiated | ||||||
| 11 | sale.
| ||||||
| 12 | (4) Bonds shall be payable at a time or times, in the | ||||||
| 13 | denominations and form,
including book entry form, either | ||||||
| 14 | coupon, registered, or both, and carry the
registration and | ||||||
| 15 | privileges as to exchange, transfer or conversion, and
| ||||||
| 16 | replacement of mutilated, lost, or destroyed bonds as the | ||||||
| 17 | resolution or trust
indenture may provide.
| ||||||
| 18 | (5) Bonds shall be payable in lawful money of the | ||||||
| 19 | United States at a designated
place.
| ||||||
| 20 | (6) Bonds shall be subject to the terms of purchase, | ||||||
| 21 | payment, redemption, refunding,
or refinancing that the | ||||||
| 22 | resolution or trust indenture provides.
| ||||||
| 23 | (7) Bonds shall be executed by the manual or facsimile | ||||||
| 24 | signatures of the officers
of the Authority designated by | ||||||
| 25 | the Board, which signatures shall be valid at
delivery even
| ||||||
| 26 | for one who has ceased to hold office.
| ||||||
| |||||||
| |||||||
| 1 | (8) Bonds shall be sold at public or private sale in | ||||||
| 2 | the manner and upon the terms
determined by the Authority.
| ||||||
| 3 | (9) Bonds shall be issued in accordance with the | ||||||
| 4 | provisions of the Local
Government Debt Reform Act.
| ||||||
| 5 | (d) The Authority shall adopt a procurement program with | ||||||
| 6 | respect to contracts relating to underwriters, bond counsel, | ||||||
| 7 | financial advisors, and accountants. The program shall include | ||||||
| 8 | goals for the payment of not less than 30% of the total dollar | ||||||
| 9 | value of the fees from these contracts to minority-owned | ||||||
| 10 | businesses and female-owned businesses as defined in the | ||||||
| 11 | Business Enterprise for Minorities, Females, and Persons with | ||||||
| 12 | Disabilities Act. The Authority shall conduct outreach to | ||||||
| 13 | minority-owned businesses and female-owned businesses. | ||||||
| 14 | Outreach shall include, but is not limited to, advertisements | ||||||
| 15 | in periodicals and newspapers, mailings, and other appropriate | ||||||
| 16 | media. The Authority shall submit to the General Assembly a | ||||||
| 17 | comprehensive report that shall include, at a minimum, the | ||||||
| 18 | details of the procurement plan, outreach efforts, and the | ||||||
| 19 | results of the efforts to achieve goals for the payment of | ||||||
| 20 | fees. | ||||||
| 21 | (e) Subject to the Illinois Gambling Act and rules of the | ||||||
| 22 | Gaming Board regarding pledging
of interests in holders of | ||||||
| 23 | owners licenses, any resolution or trust indenture may contain | ||||||
| 24 | provisions that may be a part of
the contract with the holders | ||||||
| 25 | of the bonds as to the following:
| ||||||
| 26 | (1) Pledging, assigning, or directing the use, | ||||||
| |||||||
| |||||||
| 1 | investment, or disposition
of revenues of the Authority or | ||||||
| 2 | proceeds or benefits of any contract, including
without | ||||||
| 3 | limitation any rights in any casino management
contract.
| ||||||
| 4 | (2) The setting aside of loan funding deposits, debt | ||||||
| 5 | service reserves, replacement or operating reserves, cost | ||||||
| 6 | of
issuance accounts and sinking funds, and the regulation, | ||||||
| 7 | investment, and
disposition thereof.
| ||||||
| 8 | (3) Limitations on the purposes to which or the | ||||||
| 9 | investments in which the
proceeds of sale of any issue of | ||||||
| 10 | bonds or the Authority's revenues and
receipts may be | ||||||
| 11 | applied or made.
| ||||||
| 12 | (4) Limitations on the issue of additional bonds, the | ||||||
| 13 | terms upon which
additional bonds may be issued and | ||||||
| 14 | secured, the terms upon which additional
bonds may rank on | ||||||
| 15 | a parity with, or be subordinate or superior to, other | ||||||
| 16 | bonds.
| ||||||
| 17 | (5) The refunding, advance refunding, or refinancing | ||||||
| 18 | of outstanding bonds.
| ||||||
| 19 | (6) The procedure, if any, by which the terms of any | ||||||
| 20 | contract with
bondholders may be altered or amended and the | ||||||
| 21 | amount of bonds and holders of
which must consent thereto | ||||||
| 22 | and the manner in which consent shall be given.
| ||||||
| 23 | (7) Defining the acts or omissions that shall | ||||||
| 24 | constitute a default in the
duties of the Authority to | ||||||
| 25 | holders of bonds and providing the rights or
remedies of | ||||||
| 26 | such holders in the event of a default, which may include
| ||||||
| |||||||
| |||||||
| 1 | provisions
restricting individual rights of action by | ||||||
| 2 | bondholders.
| ||||||
| 3 | (8) Providing for guarantees, pledges of property, | ||||||
| 4 | letters of credit, or
other security,
or insurance for the | ||||||
| 5 | benefit of bondholders.
| ||||||
| 6 | (f) No member of the Casino Board, nor any person executing | ||||||
| 7 | the bonds, shall be
liable personally on the bonds or subject | ||||||
| 8 | to any personal liability by reason
of the issuance of the | ||||||
| 9 | bonds.
| ||||||
| 10 | (g) The Authority may issue and secure bonds in accordance | ||||||
| 11 | with the
provisions of the Local Government Credit Enhancement | ||||||
| 12 | Act.
| ||||||
| 13 | (h) A pledge by the Authority of revenues and receipts as | ||||||
| 14 | security for an
issue of bonds or for the performance of its | ||||||
| 15 | obligations under any casino
management contract shall
be valid | ||||||
| 16 | and binding from the time when the pledge is made. The revenues | ||||||
| 17 | and
receipts pledged shall immediately be subject to the lien | ||||||
| 18 | of the pledge without
any physical delivery or further act,
and | ||||||
| 19 | the lien of any pledge shall be valid and binding against any | ||||||
| 20 | person having
any claim of any kind in tort, contract, or | ||||||
| 21 | otherwise against the Authority,
irrespective of whether the | ||||||
| 22 | person has notice. No resolution, trust indenture,
management | ||||||
| 23 | agreement or financing statement, continuation statement, or | ||||||
| 24 | other
instrument adopted or entered into by the Authority need | ||||||
| 25 | be filed or recorded
in any public record other than the | ||||||
| 26 | records of the Authority in order to
perfect the lien against | ||||||
| |||||||
| |||||||
| 1 | third persons, regardless of any contrary provision of
law.
| ||||||
| 2 | (i) Bonds that are being paid or retired by issuance, sale, | ||||||
| 3 | or delivery of
bonds, and bonds for which sufficient funds have | ||||||
| 4 | been deposited with the paying
agent or trustee to provide for | ||||||
| 5 | payment of principal and interest thereon, and
any redemption | ||||||
| 6 | premium, as provided in the authorizing resolution, shall not | ||||||
| 7 | be
considered outstanding for the purposes of this subsection.
| ||||||
| 8 | (j) The bonds of the Authority shall not be indebtedness of | ||||||
| 9 | the
State.
The bonds of the Authority are not general | ||||||
| 10 | obligations of the State and are not secured by a pledge of the | ||||||
| 11 | full faith and
credit of the State and the holders of bonds of | ||||||
| 12 | the Authority may
not require the application of State revenues | ||||||
| 13 | or
funds to the payment of bonds of the Authority. The | ||||||
| 14 | foregoing non-recourse language must be printed in bold-face | ||||||
| 15 | type on the face of the bonds and in the preliminary and final | ||||||
| 16 | official statements on the bonds.
| ||||||
| 17 | (k) The State of
Illinois pledges and agrees with the | ||||||
| 18 | owners of the bonds that it will not limit
or alter the rights | ||||||
| 19 | and powers vested in the Authority by this Act so as to
impair | ||||||
| 20 | the terms of any contract made by the Authority with the owners | ||||||
| 21 | or in
any way impair the rights and remedies of the owners | ||||||
| 22 | until the bonds, together
with interest on them, and all costs | ||||||
| 23 | and expenses in connection with any action
or proceedings by or | ||||||
| 24 | on behalf of the owners, are fully met and discharged.
The | ||||||
| 25 | Authority is authorized to include this pledge and
agreement in | ||||||
| 26 | any contract with the owners of bonds issued under this | ||||||
| |||||||
| |||||||
| 1 | Section.
| ||||||
| 2 | (l) No person holding an elective office in the City, in | ||||||
| 3 | Cook County, or in this State, holding a seat in the General | ||||||
| 4 | Assembly, or serving as a board member, trustee, officer, or | ||||||
| 5 | employee of the Authority, including the spouse of that person, | ||||||
| 6 | may receive a legal, banking, consulting, or other fee related | ||||||
| 7 | to the issuance of bonds. This prohibition shall also apply to | ||||||
| 8 | a company or firm that employs a person holding an elective | ||||||
| 9 | office in the City, in Cook County, or in this State, holding a | ||||||
| 10 | seat in the General Assembly, or serving as a board member, | ||||||
| 11 | trustee, officer, or employee of the Authority, including the | ||||||
| 12 | spouse of that person, if the person or his or her spouse has | ||||||
| 13 | greater than 7.5% ownership of the company or firm.
| ||||||
| 14 | Section 1-85. Derivative products. With respect to all or | ||||||
| 15 | part of any issue
of its bonds, the Authority may enter into | ||||||
| 16 | agreements or contracts with any
necessary or appropriate | ||||||
| 17 | person, which will have the benefit of providing to
the
| ||||||
| 18 | Authority an interest rate basis, cash flow basis, or other | ||||||
| 19 | basis different
from that provided in the bonds for the payment | ||||||
| 20 | of interest. Such agreements
or contracts may include, without | ||||||
| 21 | limitation, agreements or contracts commonly
known as | ||||||
| 22 | "interest rate swap agreements", "forward payment conversion
| ||||||
| 23 | agreements", "futures", "options", "puts", or "calls" and | ||||||
| 24 | agreements or
contracts providing for payments based on levels | ||||||
| 25 | of or changes in interest
rates, agreements or contracts to | ||||||
| |||||||
| |||||||
| 1 | exchange cash flows or a series of payments,
or to hedge | ||||||
| 2 | payment, rate spread, or similar exposure. Any such agreement | ||||||
| 3 | or contract shall be solely an obligation or indebtedness of | ||||||
| 4 | the Authority and shall not be an obligation or indebtedness of | ||||||
| 5 | the State, nor shall any party thereto have any recourse | ||||||
| 6 | against the State in connection with the agreement or contract.
| ||||||
| 7 | Section 1-90. Legality for investment. The State of | ||||||
| 8 | Illinois, all
governmental entities, all public officers, | ||||||
| 9 | banks, bankers, trust companies,
savings banks and | ||||||
| 10 | institutions, building and loan associations, savings and
loan | ||||||
| 11 | associations, investment companies, and other persons carrying | ||||||
| 12 | on a
banking
business, insurance companies, insurance | ||||||
| 13 | associations, and other persons
carrying on an insurance | ||||||
| 14 | business, and all executors, administrators,
guardians, | ||||||
| 15 | trustees, and other fiduciaries may legally invest any sinking
| ||||||
| 16 | funds,
moneys, or other funds belonging to them or within their | ||||||
| 17 | control in
any bonds issued under this Act. However, nothing in | ||||||
| 18 | this Section shall be
construed as relieving any person or | ||||||
| 19 | entity from any duty of
exercising reasonable care in selecting | ||||||
| 20 | securities for purchase or investment.
| ||||||
| 21 | Section 1-105. Budgets and reporting.
| ||||||
| 22 | (a) The Casino Board shall annually adopt a budget for each
| ||||||
| 23 | fiscal year. The budget may be modified from time to time in | ||||||
| 24 | the same manner
and upon the same vote as it may be adopted. | ||||||
| |||||||
| |||||||
| 1 | The budget shall include the
Authority's available funds and | ||||||
| 2 | estimated revenues and shall provide for
payment of its | ||||||
| 3 | obligations and estimated expenditures for the fiscal year,
| ||||||
| 4 | including, without limitation, expenditures for | ||||||
| 5 | administration, operation,
maintenance and repairs, debt | ||||||
| 6 | service, and deposits into reserve and other
funds
and capital | ||||||
| 7 | projects.
| ||||||
| 8 | (b) The Casino Board shall annually cause the finances of | ||||||
| 9 | the Authority to be
audited by a firm of certified public | ||||||
| 10 | accountants selected by the Casino Board in accordance with the | ||||||
| 11 | rules of the Gaming Board and post on the Authority's Internet | ||||||
| 12 | website such financial information as is required to be posted | ||||||
| 13 | by all other owners licensees under the Illinois Gambling Act.
| ||||||
| 14 | (c) The Casino Board shall, for each fiscal year, prepare | ||||||
| 15 | an annual report
setting forth information concerning its | ||||||
| 16 | activities in the fiscal year and the
status of the development | ||||||
| 17 | of the casino. The annual report shall include financial | ||||||
| 18 | information of the Authority consistent with that which is | ||||||
| 19 | required for all other owners licensees under the Illinois | ||||||
| 20 | Gambling Act, the budget
for the succeeding fiscal year, and | ||||||
| 21 | the current capital plan as of the date of
the report. Copies | ||||||
| 22 | of the annual report shall be made available to persons who
| ||||||
| 23 | request them and shall be submitted not later than 120 days | ||||||
| 24 | after the end of
the Authority's fiscal year or, if the audit | ||||||
| 25 | of the Authority's financial statements is not completed within | ||||||
| 26 | 120 days after the end of the Authority's fiscal year, as soon | ||||||
| |||||||
| |||||||
| 1 | as practical after completion of the audit, to the Governor, | ||||||
| 2 | the Mayor, the General Assembly, and the Commission on | ||||||
| 3 | Government Forecasting and Accountability.
| ||||||
| 4 | Section 1-110. Deposit and withdrawal of funds. | ||||||
| 5 | (a) All funds deposited by the Authority in any bank or | ||||||
| 6 | savings and loan
association shall be placed in the name of the | ||||||
| 7 | Authority and shall be withdrawn
or paid out only by check or | ||||||
| 8 | draft upon the bank or savings and loan
association, signed by | ||||||
| 9 | 2 officers or employees designated by the Casino Board.
| ||||||
| 10 | Notwithstanding any other provision of this Section, the Casino | ||||||
| 11 | Board may designate
any of its members or any officer or | ||||||
| 12 | employee of the Authority to authorize the
wire transfer of | ||||||
| 13 | funds deposited by the secretary-treasurer of funds in a bank
| ||||||
| 14 | or savings and loan association for the payment of payroll and | ||||||
| 15 | employee
benefits-related expenses.
| ||||||
| 16 | No bank or savings and loan association shall receive | ||||||
| 17 | public funds as
permitted by this Section unless it has | ||||||
| 18 | complied with the requirements
established pursuant to Section | ||||||
| 19 | 6 of the Public
Funds Investment Act.
| ||||||
| 20 | (b) If any officer or employee whose signature appears upon | ||||||
| 21 | any check
or draft issued pursuant to this Act ceases (after | ||||||
| 22 | attaching his signature) to
hold his or her office before the | ||||||
| 23 | delivery of such a check or draft to the
payee, his or her | ||||||
| 24 | signature shall nevertheless be valid and sufficient for all
| ||||||
| 25 | purposes with the same effect as if he or she had remained in | ||||||
| |||||||
| |||||||
| 1 | office until
delivery thereof.
| ||||||
| 2 | Section 1-112. Contracts with the Authority or casino | ||||||
| 3 | operator licensee; disclosure requirements. | ||||||
| 4 | (a) A bidder, respondent, offeror, or contractor for | ||||||
| 5 | contracts with the Authority or casino operator licensee shall | ||||||
| 6 | disclose the identity of all officers and directors and every | ||||||
| 7 | owner, beneficiary, or person with beneficial interest of more | ||||||
| 8 | than 1% or shareholder entitled to receive more than 1% of the | ||||||
| 9 | total distributable income of any corporation having any | ||||||
| 10 | interest in the contract or in the bidder, respondent, offeror, | ||||||
| 11 | or contractor. The disclosure shall be in writing and attested | ||||||
| 12 | to by an owner, trustee, corporate official, or agent. If stock | ||||||
| 13 | in a corporation is publicly traded and there is no readily | ||||||
| 14 | known individual having greater than a 1% interest, then a | ||||||
| 15 | statement to that effect attested to by an officer or agent of | ||||||
| 16 | the corporation shall fulfill the disclosure statement | ||||||
| 17 | requirement of this Section. A bidder, respondent, offeror, or | ||||||
| 18 | contractor shall notify the Authority of any changes in | ||||||
| 19 | officers, directors, ownership, or individuals having a | ||||||
| 20 | beneficial interest of more than 1%. Notwithstanding the | ||||||
| 21 | provisions of this subsection (a), the Gaming Board may adopt | ||||||
| 22 | rules in connection with contractors for contracts with the | ||||||
| 23 | Authority or the casino operator licensee. | ||||||
| 24 | (b) A bidder, respondent, offeror, or contractor for | ||||||
| 25 | contracts with an annual value of $25,000 or more or for a | ||||||
| |||||||
| |||||||
| 1 | period to exceed one year shall disclose all political | ||||||
| 2 | contributions of the bidder, respondent, offeror, or | ||||||
| 3 | contractor and any affiliated person or entity. Disclosure | ||||||
| 4 | shall include at least the names and addresses of the | ||||||
| 5 | contributors and the dollar amounts of any contributions to any | ||||||
| 6 | political committee made within the previous 2 years. The | ||||||
| 7 | disclosure must be submitted to the Gaming Board with a copy of | ||||||
| 8 | the contract. All such disclosures shall be posted on the | ||||||
| 9 | websites of the Authority and the Gaming Board. | ||||||
| 10 | (c) As used in this Section: | ||||||
| 11 | "Contribution" means contribution as defined in Section | ||||||
| 12 | 9-1.4 of the Election Code. | ||||||
| 13 | "Affiliated person" means (i) any person with any ownership | ||||||
| 14 | interest or distributive share of the bidding, responding, or | ||||||
| 15 | contracting entity in excess of 1%, (ii) executive employees of | ||||||
| 16 | the bidding, responding, or contracting entity, and (iii) the | ||||||
| 17 | spouse, minor children, and parents of any such persons. | ||||||
| 18 | "Affiliated entity" means (i) any parent or subsidiary of | ||||||
| 19 | the bidding or contracting entity, (ii) any member of the same | ||||||
| 20 | unitary business group, or (iii) any political committee for | ||||||
| 21 | which the bidding, responding, or contracting entity is the | ||||||
| 22 | sponsoring entity. | ||||||
| 23 | (d) The Gaming Board may direct the Authority or a casino | ||||||
| 24 | operator licensee to void a contract if a violation of this | ||||||
| 25 | Section occurs. The Authority may direct a casino operator | ||||||
| 26 | licensee to void a contract if a violation of this Section | ||||||
| |||||||
| |||||||
| 1 | occurs. | ||||||
| 2 | (e) All contracts pertaining to the actual operation of the | ||||||
| 3 | casino and related gaming activities shall be entered into by | ||||||
| 4 | the casino operator licensee and not the Authority and shall be | ||||||
| 5 | subject to the regulation, oversight, and approval of the | ||||||
| 6 | Gaming Board, applying the same regulation, oversight, and | ||||||
| 7 | approval requirements as would be applied to any other owners | ||||||
| 8 | licensee under the Illinois Gambling Act.
| ||||||
| 9 | Section 1-115. Purchasing. | ||||||
| 10 | (a) The Casino Board shall designate an officer of the | ||||||
| 11 | Authority to serve as the Chief Procurement Officer for the | ||||||
| 12 | Authority. The Chief Procurement Officer shall have all powers | ||||||
| 13 | and duties set forth in Section 15 of Division 10 of Article 8 | ||||||
| 14 | of the Illinois Municipal Code. Except as otherwise provided in | ||||||
| 15 | this Section, the Chief Procurement Officer of the Authority | ||||||
| 16 | shall conduct procurements on behalf of the Authority subject | ||||||
| 17 | to Title 2, Chapter 92 of the Municipal Code of Chicago, which | ||||||
| 18 | by its terms incorporates Division 10 of Article 8 of the | ||||||
| 19 | Illinois Municipal Code. | ||||||
| 20 | (b) All contracts for amounts greater than $25,000 must be | ||||||
| 21 | approved by the Casino Board and executed by the chairperson of | ||||||
| 22 | the Casino Board and executive director of the Authority. | ||||||
| 23 | Contracts for amounts of $25,000 or less may be approved and | ||||||
| 24 | executed by the Chief Procurement Officer for the Authority and | ||||||
| 25 | executive director of the Authority, with approval by the chief | ||||||
| |||||||
| |||||||
| 1 | legal counsel for the Authority as to form and legality. | ||||||
| 2 | (c) All construction contracts and contracts for supplies, | ||||||
| 3 | materials,
equipment, and services for amounts greater than | ||||||
| 4 | $25,000 shall be let by a competitive selection process to
the | ||||||
| 5 | lowest responsible proposer, after advertising for proposals, | ||||||
| 6 | except for the
following:
| ||||||
| 7 | (1) when repair parts, accessories, equipment, or | ||||||
| 8 | services are required
for
equipment or services previously | ||||||
| 9 | furnished or contracted for;
| ||||||
| 10 | (2) when services such as water, light, heat, power, | ||||||
| 11 | telephone (other than
long-distance service), or telegraph | ||||||
| 12 | are required;
| ||||||
| 13 | (3) casino management contracts, which shall be | ||||||
| 14 | awarded as
set forth in Section 1-45 of this Act;
| ||||||
| 15 | (4) contracts where there is only one economically | ||||||
| 16 | feasible source; | ||||||
| 17 | (5) when a purchase is needed on an immediate, | ||||||
| 18 | emergency basis because there exists a threat to public | ||||||
| 19 | health or public safety, or when immediate expenditure is | ||||||
| 20 | necessary for repairs to Authority property in order to | ||||||
| 21 | protect against further loss of or damage to Authority | ||||||
| 22 | property, to prevent or minimize serious disruption in | ||||||
| 23 | Authority services or to ensure the integrity of Authority | ||||||
| 24 | records; | ||||||
| 25 | (6) contracts for professional services other than for | ||||||
| 26 | management of the casino, except such contracts described | ||||||
| |||||||
| |||||||
| 1 | in subsection (d) of this Section; and | ||||||
| 2 | (7) contracts for the use, purchase, delivery, | ||||||
| 3 | movement, or installation of (i) data processing | ||||||
| 4 | equipment, software, and services and (ii) | ||||||
| 5 | telecommunications equipment, software, and services.
| ||||||
| 6 | (d) Contracts for professional services for a term of more | ||||||
| 7 | than one year or contracts that may require payment in excess | ||||||
| 8 | of $25,000 in one year shall be let by a competitive bidding | ||||||
| 9 | process to the most highly qualified firm that agrees to | ||||||
| 10 | compensation and other terms of engagement that are both | ||||||
| 11 | reasonable and acceptable to the Casino Board. | ||||||
| 12 | (e) All contracts involving less than $25,000 shall be let | ||||||
| 13 | by competitive
selection process whenever possible, and in any | ||||||
| 14 | event in a manner calculated to ensure
the best interests of | ||||||
| 15 | the public.
| ||||||
| 16 | (f) In determining the responsibility of any proposer, the | ||||||
| 17 | Authority may take
into account the proposer's (or an | ||||||
| 18 | individual having a beneficial interest,
directly or | ||||||
| 19 | indirectly, of more than 1% in such proposing entity) past | ||||||
| 20 | record of
dealings with the Authority, the proposer's | ||||||
| 21 | experience, adequacy of equipment,
and ability to complete | ||||||
| 22 | performance within the time set, and other factors
besides | ||||||
| 23 | financial responsibility. No such contract shall be awarded to | ||||||
| 24 | any proposer other than the lowest proposer (in case of | ||||||
| 25 | purchase or
expenditure) unless authorized or approved by a | ||||||
| 26 | vote of at least 3 members of
the Casino Board and such action | ||||||
| |||||||
| |||||||
| 1 | is accompanied by a written statement setting forth the reasons | ||||||
| 2 | for not awarding the contract to the highest or
lowest | ||||||
| 3 | proposer, as the case
may be. The statement shall be kept on | ||||||
| 4 | file in the principal office of the
Authority and open to | ||||||
| 5 | public inspection.
| ||||||
| 6 | (g) The Authority shall have the right to reject all | ||||||
| 7 | proposals and to
re-advertise for proposals. If after
any such | ||||||
| 8 | re-advertisement, no responsible and satisfactory proposals, | ||||||
| 9 | within the
terms of the re-advertisement, is received, the | ||||||
| 10 | Authority may award such
contract without competitive | ||||||
| 11 | selection. The contract must not be less
advantageous to the | ||||||
| 12 | Authority than any valid proposal received pursuant to
| ||||||
| 13 | advertisement.
| ||||||
| 14 | (h) Advertisements for proposals and re-proposals shall be | ||||||
| 15 | published at least once in
a daily newspaper of general | ||||||
| 16 | circulation published in the City
at least 10 calendar days | ||||||
| 17 | before the time for
receiving proposals and in an online | ||||||
| 18 | bulletin published on the Authority's website. Such
| ||||||
| 19 | advertisements shall state the time and
place for receiving and | ||||||
| 20 | opening of proposals and, by reference to plans and
| ||||||
| 21 | specifications on file at the time of the first publication or | ||||||
| 22 | in the
advertisement itself, shall describe the character of | ||||||
| 23 | the proposed contract in
sufficient detail to fully advise | ||||||
| 24 | prospective proposers of their obligations and
to ensure free | ||||||
| 25 | and open competitive selection.
| ||||||
| 26 | (i) All proposals in response to advertisements shall be | ||||||
| |||||||
| |||||||
| 1 | sealed and shall be
publicly opened by the Authority. All | ||||||
| 2 | proposers shall be entitled to be present
in person or by | ||||||
| 3 | representatives. Cash or a certified or satisfactory cashier's
| ||||||
| 4 | check, as a deposit of good faith, in a reasonable amount to be | ||||||
| 5 | fixed by the
Authority before advertising for proposals, shall | ||||||
| 6 | be required with the proposal. A bond for faithful performance | ||||||
| 7 | of the contract with surety or
sureties satisfactory to the
| ||||||
| 8 | Authority and adequate insurance may be required in reasonable | ||||||
| 9 | amounts to be
fixed by the Authority before advertising for | ||||||
| 10 | proposals.
| ||||||
| 11 | (j) The contract shall be awarded as promptly as possible | ||||||
| 12 | after the opening
of proposals. The proposal of the successful | ||||||
| 13 | proposer, as well as the bids of the
unsuccessful proposers, | ||||||
| 14 | shall be placed on file and be open to public inspection | ||||||
| 15 | subject to the exemptions from disclosure provided under | ||||||
| 16 | Section 7 of the Freedom of Information Act.
All proposals | ||||||
| 17 | shall be void if any disclosure of the terms of any proposals | ||||||
| 18 | in response
to an advertisement is made or permitted to be made | ||||||
| 19 | by the Authority before the
time fixed for opening proposals.
| ||||||
| 20 | (k) Notice of each and every contract that is
offered, | ||||||
| 21 | including renegotiated contracts and change orders,
shall be | ||||||
| 22 | published in an online bulletin. The online bulletin must | ||||||
| 23 | include at least the date first offered,
the date submission of | ||||||
| 24 | offers is due, the location that offers are to be
submitted to, | ||||||
| 25 | a brief purchase description, the method of source selection,
| ||||||
| 26 | information of how to obtain a comprehensive purchase | ||||||
| |||||||
| |||||||
| 1 | description and any
disclosure and contract forms, and | ||||||
| 2 | encouragement to prospective vendors to hire qualified | ||||||
| 3 | veterans, as defined by Section 45-67 of the Illinois | ||||||
| 4 | Procurement Code, and Illinois residents discharged from any | ||||||
| 5 | Illinois adult correctional center subject to Gaming Board | ||||||
| 6 | licensing and eligibility rules. Notice of each and every | ||||||
| 7 | contract that is let
or awarded, including renegotiated | ||||||
| 8 | contracts and change orders, shall be
published in the online | ||||||
| 9 | bulletin and
must include at least all of the
information | ||||||
| 10 | specified in this subsection (k), as well as the name of the | ||||||
| 11 | successful
responsible proposer or offeror, the contract | ||||||
| 12 | price, and the number of unsuccessful
responsive proposers and | ||||||
| 13 | any other disclosure specified in this Section. This notice | ||||||
| 14 | must be posted in the online electronic bulletin prior to | ||||||
| 15 | execution of the contract.
| ||||||
| 16 | Section 1-130. Affirmative action and equal opportunity | ||||||
| 17 | obligations of
Authority. | ||||||
| 18 | (a) The Authority is subject to the requirements of Article | ||||||
| 19 | IV of Chapter 2-92 (Sections 2-92-650 through 2-92-720 | ||||||
| 20 | inclusive) of the Chicago Municipal Code, as now or hereafter | ||||||
| 21 | amended, renumbered, or succeeded, concerning a Minority-Owned | ||||||
| 22 | and Women-Owned Business Enterprise Procurement Program for | ||||||
| 23 | construction contracts, and Section 2-92-420 et seq. of the | ||||||
| 24 | Chicago Municipal Code, as now or hereafter amended, | ||||||
| 25 | renumbered, or succeeded, concerning a Minority-Owned and | ||||||
| |||||||
| |||||||
| 1 | Women-Owned Business Enterprise Procurement Program.
| ||||||
| 2 | (b) The Authority is authorized to enter into agreements | ||||||
| 3 | with contractors'
associations, labor unions, and the | ||||||
| 4 | contractors working on the development of
the casino to | ||||||
| 5 | establish an apprenticeship preparedness training program to
| ||||||
| 6 | provide for an increase in the number of minority and female | ||||||
| 7 | journeymen and
apprentices in the building trades and to enter | ||||||
| 8 | into agreements with
community college districts or other | ||||||
| 9 | public or private institutions to provide
readiness training. | ||||||
| 10 | The Authority is further authorized to enter into
contracts | ||||||
| 11 | with public and private educational institutions and persons in | ||||||
| 12 | the
gaming, entertainment, hospitality, and tourism industries | ||||||
| 13 | to provide training
for employment in those industries.
| ||||||
| 14 | Section 1-135. Transfer of interest. Neither the Authority | ||||||
| 15 | nor the City may sell, lease, rent, transfer, exchange, or | ||||||
| 16 | otherwise convey any interest that they have in the casino | ||||||
| 17 | without prior approval of the General Assembly.
| ||||||
| 18 | Section 1-140. Home rule. The regulation and licensing of | ||||||
| 19 | casinos and casino gaming, casino gaming facilities, and casino | ||||||
| 20 | operator licensees under this Act are exclusive powers and | ||||||
| 21 | functions of the State. A home rule unit may not regulate or | ||||||
| 22 | license casinos, casino gaming, casino gaming facilities, or | ||||||
| 23 | casino operator licensees under this Act, except as provided | ||||||
| 24 | under this Act. This Section is a denial and limitation of home | ||||||
| |||||||
| |||||||
| 1 | rule powers and functions under subsection (h) of Section 6 of | ||||||
| 2 | Article VII of the Illinois Constitution.
| ||||||
| 3 | ARTICLE 90. | ||||||
| 4 | Section 90-1. Findings. The General Assembly makes all of | ||||||
| 5 | the following findings: | ||||||
| 6 | (1) That the cumulative reduction to pre-K through 12 | ||||||
| 7 | education funding since 2009 is approximately | ||||||
| 8 | $861,000,000. | ||||||
| 9 | (2) That general state aid to Illinois common schools | ||||||
| 10 | has been underfunded as a result of budget cuts, resulting | ||||||
| 11 | in pro-rated payments to school districts that are less | ||||||
| 12 | than the foundational level of $6,119 per pupil, which | ||||||
| 13 | represents the minimum each pupil needs to be educated. | ||||||
| 14 | (3) That a significant infusion of new revenue is | ||||||
| 15 | necessary in order to fully fund the foundation level and | ||||||
| 16 | to maintain and support education in Illinois. | ||||||
| 17 | (4) That the decline of the Illinois horse racing and | ||||||
| 18 | breeding program, a $2.5 billion industry, would be | ||||||
| 19 | reversed if this amendatory Act of the 100th General | ||||||
| 20 | Assembly would be enacted. | ||||||
| 21 | (5) That the Illinois horse racing industry is on the | ||||||
| 22 | verge of extinction due to fierce competition from fully | ||||||
| 23 | developed horse racing and gaming operations in other | ||||||
| 24 | states. | ||||||
| |||||||
| |||||||
| 1 | (6) That allowing the State's horse racing venues, | ||||||
| 2 | currently licensed gaming destinations, to maximize their | ||||||
| 3 | capacities with gaming machines, would generate up to $120 | ||||||
| 4 | million to $200 million for the State in the form of extra | ||||||
| 5 | licensing fees, plus an additional $100 million to $300 | ||||||
| 6 | million in recurring annual tax revenue for the State to | ||||||
| 7 | help ensure that school, road, and other building projects | ||||||
| 8 | promised under the capital plan occur on schedule. | ||||||
| 9 | (7) That Illinois agriculture and other businesses | ||||||
| 10 | that support and supply the horse racing industry, already | ||||||
| 11 | a sector that employs over 37,000 Illinoisans, also stand | ||||||
| 12 | to substantially benefit and would be much more likely to | ||||||
| 13 | create additional jobs should Illinois horse racing once | ||||||
| 14 | again become competitive with other states. | ||||||
| 15 | (8) That by keeping these projects on track, the State | ||||||
| 16 | can be sure that significant job and economic growth will | ||||||
| 17 | in fact result from the previously enacted legislation. | ||||||
| 18 | (9) That gaming machines at Illinois horse racing | ||||||
| 19 | tracks would create an estimated 1,200 to 1,500 permanent | ||||||
| 20 | jobs, and an estimated capital investment of up to $200 | ||||||
| 21 | million to $400 million at these race tracks would prompt | ||||||
| 22 | additional trade organization jobs necessary to construct | ||||||
| 23 | new facilities or remodel race tracks to operate electronic | ||||||
| 24 | gaming.
| ||||||
| 25 | Section 90-3. The State Officials and Employees Ethics Act | ||||||
| |||||||
| |||||||
| 1 | is amended by changing Section 5-45 as follows:
| ||||||
| 2 | (5 ILCS 430/5-45)
| ||||||
| 3 | Sec. 5-45. Procurement; revolving door prohibition.
| ||||||
| 4 | (a) No former officer, member, or State employee, or spouse | ||||||
| 5 | or
immediate family member living with such person, shall, | ||||||
| 6 | within a period of one
year immediately after termination of | ||||||
| 7 | State employment, knowingly accept
employment or receive | ||||||
| 8 | compensation or fees for services from a person or entity
if | ||||||
| 9 | the officer, member, or State employee, during the year | ||||||
| 10 | immediately
preceding termination of State employment, | ||||||
| 11 | participated personally and
substantially in the award of State | ||||||
| 12 | contracts, or the issuance of State contract change orders, | ||||||
| 13 | with a cumulative value
of $25,000
or more to the person or | ||||||
| 14 | entity, or its parent or subsidiary.
| ||||||
| 15 | (b) No former officer of the executive branch or State | ||||||
| 16 | employee of the
executive branch with regulatory or
licensing | ||||||
| 17 | authority, or spouse or immediate family member living with | ||||||
| 18 | such
person, shall, within a period of one year immediately | ||||||
| 19 | after termination of
State employment, knowingly accept | ||||||
| 20 | employment or receive compensation or fees
for services from a | ||||||
| 21 | person or entity if the officer
or State
employee, during the | ||||||
| 22 | year immediately preceding
termination of State employment, | ||||||
| 23 | participated personally and substantially in making a | ||||||
| 24 | regulatory or licensing decision that
directly applied to the | ||||||
| 25 | person or entity, or its parent or subsidiary.
| ||||||
| |||||||
| |||||||
| 1 | (c) Within 6 months after the effective date of this | ||||||
| 2 | amendatory Act of the 96th General Assembly, each executive | ||||||
| 3 | branch constitutional officer and legislative leader, the | ||||||
| 4 | Auditor General, and the Joint Committee on Legislative Support | ||||||
| 5 | Services shall adopt a policy delineating which State positions | ||||||
| 6 | under his or her jurisdiction and control, by the nature of | ||||||
| 7 | their duties, may have the authority to participate personally | ||||||
| 8 | and substantially in the award of State contracts or in | ||||||
| 9 | regulatory or licensing decisions. The Governor shall adopt | ||||||
| 10 | such a policy for all State employees of the executive branch | ||||||
| 11 | not under the jurisdiction and control of any other executive | ||||||
| 12 | branch constitutional officer.
| ||||||
| 13 | The policies required under subsection (c) of this Section | ||||||
| 14 | shall be filed with the appropriate ethics commission | ||||||
| 15 | established under this Act or, for the Auditor General, with | ||||||
| 16 | the Office of the Auditor General. | ||||||
| 17 | (d) Each Inspector General shall have the authority to | ||||||
| 18 | determine that additional State positions under his or her | ||||||
| 19 | jurisdiction, not otherwise subject to the policies required by | ||||||
| 20 | subsection (c) of this Section, are nonetheless subject to the | ||||||
| 21 | notification requirement of subsection (f) below due to their | ||||||
| 22 | involvement in the award of State contracts or in regulatory or | ||||||
| 23 | licensing decisions. | ||||||
| 24 | (e) The Joint Committee on Legislative Support Services, | ||||||
| 25 | the Auditor General, and each of the executive branch | ||||||
| 26 | constitutional officers and legislative leaders subject to | ||||||
| |||||||
| |||||||
| 1 | subsection (c) of this Section shall provide written | ||||||
| 2 | notification to all employees in positions subject to the | ||||||
| 3 | policies required by subsection (c) or a determination made | ||||||
| 4 | under subsection (d): (1) upon hiring, promotion, or transfer | ||||||
| 5 | into the relevant position; and (2) at the time the employee's | ||||||
| 6 | duties are changed in such a way as to qualify that employee. | ||||||
| 7 | An employee receiving notification must certify in writing that | ||||||
| 8 | the person was advised of the prohibition and the requirement | ||||||
| 9 | to notify the appropriate Inspector General in subsection (f). | ||||||
| 10 | (f) Any State employee in a position subject to the | ||||||
| 11 | policies required by subsection (c) or to a determination under | ||||||
| 12 | subsection (d), but who does not fall within the prohibition of | ||||||
| 13 | subsection (h) below, who is offered non-State employment | ||||||
| 14 | during State employment or within a period of one year | ||||||
| 15 | immediately after termination of State employment shall, prior | ||||||
| 16 | to accepting such non-State employment, notify the appropriate | ||||||
| 17 | Inspector General. Within 10 calendar days after receiving | ||||||
| 18 | notification from an employee in a position subject to the | ||||||
| 19 | policies required by subsection (c), such Inspector General | ||||||
| 20 | shall make a determination as to whether the State employee is | ||||||
| 21 | restricted from accepting such employment by subsection (a) or | ||||||
| 22 | (b). In making a determination, in addition to any other | ||||||
| 23 | relevant information, an Inspector General shall assess the | ||||||
| 24 | effect of the prospective employment or relationship upon | ||||||
| 25 | decisions referred to in subsections (a) and (b), based on the | ||||||
| 26 | totality of the participation by the former officer, member, or | ||||||
| |||||||
| |||||||
| 1 | State employee in those decisions. A determination by an | ||||||
| 2 | Inspector General must be in writing, signed and dated by the | ||||||
| 3 | Inspector General, and delivered to the subject of the | ||||||
| 4 | determination within 10 calendar days or the person is deemed | ||||||
| 5 | eligible for the employment opportunity. For purposes of this | ||||||
| 6 | subsection, "appropriate Inspector General" means (i) for | ||||||
| 7 | members and employees of the legislative branch, the | ||||||
| 8 | Legislative Inspector General; (ii) for the Auditor General and | ||||||
| 9 | employees of the Office of the Auditor General, the Inspector | ||||||
| 10 | General provided for in Section 30-5 of this Act; and (iii) for | ||||||
| 11 | executive branch officers and employees, the Inspector General | ||||||
| 12 | having jurisdiction over the officer or employee. Notice of any | ||||||
| 13 | determination of an Inspector General and of any such appeal | ||||||
| 14 | shall be given to the ultimate jurisdictional authority, the | ||||||
| 15 | Attorney General, and the Executive Ethics Commission. | ||||||
| 16 | (g) An Inspector General's determination regarding | ||||||
| 17 | restrictions under subsection (a) or (b) may be appealed to the | ||||||
| 18 | appropriate Ethics Commission by the person subject to the | ||||||
| 19 | decision or the Attorney General no later than the 10th | ||||||
| 20 | calendar day after the date of the determination. | ||||||
| 21 | On appeal, the Ethics Commission or Auditor General shall | ||||||
| 22 | seek, accept, and consider written public comments regarding a | ||||||
| 23 | determination. In deciding whether to uphold an Inspector | ||||||
| 24 | General's determination, the appropriate Ethics Commission or | ||||||
| 25 | Auditor General shall assess, in addition to any other relevant | ||||||
| 26 | information, the effect of the prospective employment or | ||||||
| |||||||
| |||||||
| 1 | relationship upon the decisions referred to in subsections (a) | ||||||
| 2 | and (b), based on the totality of the participation by the | ||||||
| 3 | former officer, member, or State employee in those decisions. | ||||||
| 4 | The Ethics Commission shall decide whether to uphold an | ||||||
| 5 | Inspector General's determination within 10 calendar days or | ||||||
| 6 | the person is deemed eligible for the employment opportunity. | ||||||
| 7 | (h) The following officers, members, or State employees | ||||||
| 8 | shall not, within a period of one year immediately after | ||||||
| 9 | termination of office or State employment, knowingly accept | ||||||
| 10 | employment or receive compensation or fees for services from a | ||||||
| 11 | person or entity if the person or entity or its parent or | ||||||
| 12 | subsidiary, during the year immediately preceding termination | ||||||
| 13 | of State employment, was a party to a State contract or | ||||||
| 14 | contracts with a cumulative value of $25,000 or more involving | ||||||
| 15 | the officer, member, or State employee's State agency, or was | ||||||
| 16 | the subject of a regulatory or licensing decision involving the | ||||||
| 17 | officer, member, or State employee's State agency, regardless | ||||||
| 18 | of whether he or she participated personally and substantially | ||||||
| 19 | in the award of the State contract or contracts or the making | ||||||
| 20 | of the regulatory or licensing decision in question: | ||||||
| 21 | (1) members or officers; | ||||||
| 22 | (2) members of a commission or board created by the | ||||||
| 23 | Illinois Constitution; | ||||||
| 24 | (3) persons whose appointment to office is subject to | ||||||
| 25 | the advice and consent of the Senate; | ||||||
| 26 | (4) the head of a department, commission, board, | ||||||
| |||||||
| |||||||
| 1 | division, bureau, authority, or other administrative unit | ||||||
| 2 | within the government of this State; | ||||||
| 3 | (5) chief procurement officers, State purchasing | ||||||
| 4 | officers, and their designees whose duties are directly | ||||||
| 5 | related to State procurement; and | ||||||
| 6 | (6) chiefs of staff, deputy chiefs of staff, associate | ||||||
| 7 | chiefs of staff, assistant chiefs of staff, and deputy | ||||||
| 8 | governors; . | ||||||
| 9 | (7) employees of the Illinois Racing Board; and | ||||||
| 10 | (8) employees of the Illinois Gaming Board. | ||||||
| 11 | (i) For the purposes of this Section, with respect to | ||||||
| 12 | officers or employees of a regional transit board, as defined | ||||||
| 13 | in this Act, the phrase "person or entity" does not include: | ||||||
| 14 | (i) the United States government, (ii) the State, (iii) | ||||||
| 15 | municipalities, as defined under Article VII, Section 1 of the | ||||||
| 16 | Illinois Constitution, (iv) units of local government, as | ||||||
| 17 | defined under Article VII, Section 1 of the Illinois | ||||||
| 18 | Constitution, or (v) school districts. | ||||||
| 19 | (Source: P.A. 96-555, eff. 8-18-09; 97-653, eff. 1-13-12.)
| ||||||
| 20 | Section 90-5. The Alcoholism and Other Drug Abuse and | ||||||
| 21 | Dependency Act is amended by changing Section 5-20 as follows:
| ||||||
| 22 | (20 ILCS 301/5-20)
| ||||||
| 23 | Sec. 5-20. Compulsive gambling program.
| ||||||
| 24 | (a) Subject to appropriation, the Department shall | ||||||
| |||||||
| |||||||
| 1 | establish a program for
public education, research, and | ||||||
| 2 | training regarding problem and compulsive
gambling and the | ||||||
| 3 | treatment and prevention of problem and compulsive gambling.
| ||||||
| 4 | Subject to specific appropriation for these stated purposes, | ||||||
| 5 | the program must
include all of the following:
| ||||||
| 6 | (1) Establishment and maintenance of a toll-free "800" | ||||||
| 7 | telephone number
to provide crisis counseling and referral | ||||||
| 8 | services to families experiencing
difficulty as a result of | ||||||
| 9 | problem or compulsive gambling.
| ||||||
| 10 | (2) Promotion of public awareness regarding the | ||||||
| 11 | recognition and
prevention of problem and compulsive | ||||||
| 12 | gambling.
| ||||||
| 13 | (3) Facilitation, through in-service training and | ||||||
| 14 | other means, of the
availability of effective assistance | ||||||
| 15 | programs for problem and compulsive
gamblers.
| ||||||
| 16 | (4) Conducting studies to identify adults and | ||||||
| 17 | juveniles in this
State who are, or who are at risk of | ||||||
| 18 | becoming, problem or compulsive gamblers.
| ||||||
| 19 | (b) Subject to appropriation, the Department shall either | ||||||
| 20 | establish and
maintain the program or contract with a private | ||||||
| 21 | or public entity for the
establishment and maintenance of the | ||||||
| 22 | program. Subject to appropriation, either
the Department or the | ||||||
| 23 | private or public entity shall implement the toll-free
| ||||||
| 24 | telephone number, promote public awareness, and conduct | ||||||
| 25 | in-service training
concerning problem and compulsive | ||||||
| 26 | gambling.
| ||||||
| |||||||
| |||||||
| 1 | (c) Subject to appropriation, the Department shall produce | ||||||
| 2 | and supply the
signs specified in Section 10.7 of the Illinois | ||||||
| 3 | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | ||||||
| 4 | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | ||||||
| 5 | of the Charitable Games Act, and Section 13.1 of the Illinois | ||||||
| 6 | Riverboat
Gambling Act.
| ||||||
| 7 | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
| ||||||
| 8 | Section 90-6. The Department of Commerce and Economic | ||||||
| 9 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
| 10 | amended by adding Sections 605-530 and 605-535 as follows:
| ||||||
| 11 | (20 ILCS 605/605-530 new) | ||||||
| 12 | Sec. 605-530. The Depressed Communities Economic | ||||||
| 13 | Development Board. | ||||||
| 14 | (a) The Depressed Communities Economic Development Board | ||||||
| 15 | is created as an advisory board within the Department of | ||||||
| 16 | Commerce and Economic Opportunity. The Board shall consist of | ||||||
| 17 | the following members: | ||||||
| 18 | (1) 3 members appointed by the Governor, one of whom | ||||||
| 19 | shall be appointed to serve an initial term of one year and | ||||||
| 20 | 2 of whom shall be appointed to serve an initial term of 2 | ||||||
| 21 | years; | ||||||
| 22 | (2) 2 members appointed by the Speaker of the House of | ||||||
| 23 | Representatives, one of whom shall be appointed to serve an | ||||||
| 24 | initial term of one year and one of whom shall be appointed | ||||||
| |||||||
| |||||||
| 1 | to serve an initial term of 2 years; | ||||||
| 2 | (3) 2 members appointed by the President of the Senate, | ||||||
| 3 | one of whom shall be appointed to serve an initial term of | ||||||
| 4 | one year and one of whom shall be appointed to serve an | ||||||
| 5 | initial term of 2 years; | ||||||
| 6 | (4) 2 members appointed by the Minority Leader of the | ||||||
| 7 | House of Representatives, one of whom shall be appointed to | ||||||
| 8 | serve an initial term of one year and one of whom shall be | ||||||
| 9 | appointed to serve an initial term of 2 years; and | ||||||
| 10 | (5) 2 members appointed by the Minority Leader of the | ||||||
| 11 | Senate, one of whom shall be appointed to serve an initial | ||||||
| 12 | term of one year and one of whom shall be appointed to | ||||||
| 13 | serve an initial term of 2 years. | ||||||
| 14 | The members of the Board shall elect a member to serve as | ||||||
| 15 | chair of the Board. The members of the Board shall reflect the | ||||||
| 16 | composition of the Illinois population with regard to ethnic | ||||||
| 17 | and racial composition. | ||||||
| 18 | After the initial terms, each member shall be appointed to | ||||||
| 19 | serve a term of 2 years and until his or her successor has been | ||||||
| 20 | appointed and assumes office. If a vacancy occurs in the Board | ||||||
| 21 | membership, then the vacancy shall be filled in the same manner | ||||||
| 22 | as the initial appointment. No member of the Board shall, at | ||||||
| 23 | the time of his or her appointment or within 2 years before the | ||||||
| 24 | appointment, hold elected office or be appointed to a State | ||||||
| 25 | board, commission, or agency. All Board members are subject to | ||||||
| 26 | the State Officials and Employees Ethics Act. | ||||||
| |||||||
| |||||||
| 1 | (b) Board members shall serve without compensation, but may | ||||||
| 2 | be reimbursed for their reasonable travel expenses from funds | ||||||
| 3 | available for that purpose. The Department of Commerce and | ||||||
| 4 | Economic Opportunity shall provide staff and administrative | ||||||
| 5 | support services to the Board. | ||||||
| 6 | (c) The Board must make recommendations, which must be | ||||||
| 7 | approved by a majority of the Board, to the Department of | ||||||
| 8 | Commerce and Economic Opportunity concerning the award of | ||||||
| 9 | grants from amounts appropriated to the Department from the | ||||||
| 10 | Depressed Communities Economic Development Fund, a special | ||||||
| 11 | fund created in the State treasury. The Department must make | ||||||
| 12 | grants to public or private entities submitting proposals to | ||||||
| 13 | the Board to revitalize an Illinois depressed community. Grants | ||||||
| 14 | may be used by these entities only for those purposes | ||||||
| 15 | conditioned with the grant. For the purposes of this subsection | ||||||
| 16 | (c), plans for revitalizing an Illinois depressed community | ||||||
| 17 | include plans intended to curb high levels of poverty, | ||||||
| 18 | unemployment, job and population loss, and general distress. An | ||||||
| 19 | Illinois depressed community is an area where the poverty rate, | ||||||
| 20 | as determined by using the most recent data released by the | ||||||
| 21 | United States Census Bureau, is at least 3% greater than the | ||||||
| 22 | State poverty rate as determined by using the most recent data | ||||||
| 23 | released by the United States Census Bureau.
| ||||||
| 24 | (20 ILCS 605/605-535 new) | ||||||
| 25 | Sec. 605-535. The Commission on the Future of Economic | ||||||
| |||||||
| |||||||
| 1 | Development of the Latino Community. | ||||||
| 2 | (a) There is hereby created the Commission on the Future of | ||||||
| 3 | Economic Development of the Latino Community within the | ||||||
| 4 | Department. The purpose of the Commission shall be to maintain | ||||||
| 5 | and develop the economy of Latinos and to provide opportunities | ||||||
| 6 | for this community, which will enhance and expand the quality | ||||||
| 7 | of their lives. | ||||||
| 8 | The Commission shall concentrate its major efforts on | ||||||
| 9 | strategic planning, policy research and analysis, advocacy, | ||||||
| 10 | evaluation, and promoting coordination and collaboration. | ||||||
| 11 | During each regular legislative session, the Commission | ||||||
| 12 | must consult with appropriate legislative committees about the | ||||||
| 13 | State's economic development needs and opportunities in the | ||||||
| 14 | Latino community. | ||||||
| 15 | By October 1st of each even-numbered year, the Commission | ||||||
| 16 | must submit to the Governor and the General Assembly a biennial | ||||||
| 17 | comprehensive statewide economic development strategy for the | ||||||
| 18 | Latino community with a report on progress from the previous | ||||||
| 19 | comprehensive strategy. | ||||||
| 20 | The comprehensive statewide economic development strategy | ||||||
| 21 | may include, but is not limited to: | ||||||
| 22 | (1) an assessment of the Latino community's economic | ||||||
| 23 | vitality; | ||||||
| 24 | (2) recommended goals, objectives, and priorities for | ||||||
| 25 | the next biennium and the future; | ||||||
| 26 | (3) a common set of outcomes and benchmarks for the | ||||||
| |||||||
| |||||||
| 1 | economic development system as a whole for the Latino | ||||||
| 2 | community; | ||||||
| 3 | (4) recommendations for removing barriers for Latinos | ||||||
| 4 | in employment; | ||||||
| 5 | (5) an inventory of existing relevant programs | ||||||
| 6 | compiled by the Commission from materials submitted by | ||||||
| 7 | agencies; | ||||||
| 8 | (6) recommendations for expanding, discontinuing, or | ||||||
| 9 | redirecting existing programs or adding new programs to | ||||||
| 10 | better serve the Latino community; and | ||||||
| 11 | (7) recommendations of best practices and public and | ||||||
| 12 | private sector roles in implementing the comprehensive | ||||||
| 13 | statewide economic development strategy. | ||||||
| 14 | In developing the biennial statewide economic development | ||||||
| 15 | strategy, goals, objectives, priorities, and recommendations, | ||||||
| 16 | the Commission shall consult, collaborate, and coordinate with | ||||||
| 17 | relevant State agencies, private sector business, nonprofit | ||||||
| 18 | organizations involved in economic development, trade | ||||||
| 19 | associations, associate development organizations, and | ||||||
| 20 | relevant local organizations in order to avoid duplication of | ||||||
| 21 | effort. | ||||||
| 22 | State agencies shall cooperate with the Commission and | ||||||
| 23 | provide information as the Commission may reasonably request. | ||||||
| 24 | The Commission shall review and make budget | ||||||
| 25 | recommendations to the Governor's Office of Management and | ||||||
| 26 | Budget and the General Assembly in areas relating to the | ||||||
| |||||||
| |||||||
| 1 | economic development in the State's Latino community. | ||||||
| 2 | The Commission shall evaluate its own performance on a | ||||||
| 3 | regular basis. | ||||||
| 4 | The Commission may accept gifts, grants, donations, | ||||||
| 5 | sponsorships, or contributions from any federal, State, or | ||||||
| 6 | local governmental agency or program, or any private source, | ||||||
| 7 | and expend the same for any purpose consistent with this | ||||||
| 8 | Section. | ||||||
| 9 | (b) The Commission shall consist of 12 voting members, | ||||||
| 10 | appointed by the Governor, 4 of whom shall be appointed to | ||||||
| 11 | serve an initial term of one year, 4 of whom shall be appointed | ||||||
| 12 | to serve an initial term of 2 years, and 4 of whom shall be | ||||||
| 13 | appointed to serve an initial term of 3 years. After the | ||||||
| 14 | initial term, each member shall be appointed to a term of 3 | ||||||
| 15 | years. Members of the Commission shall serve at the pleasure of | ||||||
| 16 | the Governor for not more than 2 consecutive 3-year terms. In | ||||||
| 17 | appointing members, the Governor shall appoint individuals | ||||||
| 18 | from the following private industry sectors: | ||||||
| 19 | (1) production agriculture; | ||||||
| 20 | (2) at least 2 individuals from manufacturing, one of | ||||||
| 21 | whom shall represent a company with no more than 75 | ||||||
| 22 | employees; | ||||||
| 23 | (3) transportation, construction, and logistics; | ||||||
| 24 | (4) travel and tourism; | ||||||
| 25 | (5) financial services and insurance; | ||||||
| 26 | (6) information technology and communications; and | ||||||
| |||||||
| |||||||
| 1 | (7) biotechnology. | ||||||
| 2 | The members of the Commission shall choose a member to | ||||||
| 3 | serve as chair of the Commission. The members of the Commission | ||||||
| 4 | shall be representative, to the extent possible, of the various | ||||||
| 5 | geographic areas of the State. The Director shall serve as an | ||||||
| 6 | ad hoc nonvoting member of the Commission. Vacancies shall be | ||||||
| 7 | filled in the same manner as the original appointments. The | ||||||
| 8 | members of the Commission shall serve without compensation. | ||||||
| 9 | (c) The Commission shall meet at least 4 times per year, | ||||||
| 10 | with at least one meeting each calendar quarter, at the call of | ||||||
| 11 | the director or 4 voting members of the Commission. The staff | ||||||
| 12 | and support for the Commission shall be provided by the | ||||||
| 13 | Department. | ||||||
| 14 | (d) The Commission and Department are encouraged to involve | ||||||
| 15 | other essential groups in the work of the Commission, | ||||||
| 16 | including, but not limited to: | ||||||
| 17 | (1) public universities; | ||||||
| 18 | (2) community colleges; | ||||||
| 19 | (3) other educational institutions; and | ||||||
| 20 | (4) the Department of Labor. | ||||||
| 21 | (e) The Commission shall make recommendations, which must | ||||||
| 22 | be approved by a majority of the members of the Commission, to | ||||||
| 23 | the Department concerning the award of grants from amounts | ||||||
| 24 | appropriated to the Department from the Latino Community | ||||||
| 25 | Economic Development Fund, a special fund in the State | ||||||
| 26 | treasury. The Department shall make grants to public or private | ||||||
| |||||||
| |||||||
| 1 | entities submitting proposals to the Commission to assist in | ||||||
| 2 | the economic development of the Latino community. Grants may be | ||||||
| 3 | used by these entities only for those purposes conditioned with | ||||||
| 4 | the grant. The Commission shall coordinate with the Department | ||||||
| 5 | to develop grant criteria. | ||||||
| 6 | (f) For the purposes of this Section: | ||||||
| 7 | "Department" means the Department of Commerce and Economic | ||||||
| 8 | Development. | ||||||
| 9 | "Director" means the Director of Commerce and Economic | ||||||
| 10 | Development. | ||||||
| 11 | "Educational institutions" means nonprofit public and | ||||||
| 12 | private colleges, community colleges, State colleges, and | ||||||
| 13 | universities in this State.
| ||||||
| 14 | Section 90-8. The Illinois Lottery Law is amended by | ||||||
| 15 | changing Section 9.1 as follows:
| ||||||
| 16 | (20 ILCS 1605/9.1) | ||||||
| 17 | Sec. 9.1. Private manager and management agreement. | ||||||
| 18 | (a) As used in this Section: | ||||||
| 19 | "Offeror" means a person or group of persons that responds | ||||||
| 20 | to a request for qualifications under this Section. | ||||||
| 21 | "Request for qualifications" means all materials and | ||||||
| 22 | documents prepared by the Department to solicit the following | ||||||
| 23 | from offerors: | ||||||
| 24 | (1) Statements of qualifications. | ||||||
| |||||||
| |||||||
| 1 | (2) Proposals to enter into a management agreement, | ||||||
| 2 | including the identity of any prospective vendor or vendors | ||||||
| 3 | that the offeror intends to initially engage to assist the | ||||||
| 4 | offeror in performing its obligations under the management | ||||||
| 5 | agreement. | ||||||
| 6 | "Final offer" means the last proposal submitted by an | ||||||
| 7 | offeror in response to the request for qualifications, | ||||||
| 8 | including the identity of any prospective vendor or vendors | ||||||
| 9 | that the offeror intends to initially engage to assist the | ||||||
| 10 | offeror in performing its obligations under the management | ||||||
| 11 | agreement. | ||||||
| 12 | "Final offeror" means the offeror ultimately selected by | ||||||
| 13 | the Governor to be the private manager for the Lottery under | ||||||
| 14 | subsection (h) of this Section. | ||||||
| 15 | (b) By September 15, 2010, the Governor shall select a | ||||||
| 16 | private manager for the total management of the Lottery with | ||||||
| 17 | integrated functions, such as lottery game design, supply of | ||||||
| 18 | goods and services, and advertising and as specified in this | ||||||
| 19 | Section. | ||||||
| 20 | (c) Pursuant to the terms of this subsection, the | ||||||
| 21 | Department shall endeavor to expeditiously terminate the | ||||||
| 22 | existing contracts in support of the Lottery in effect on the | ||||||
| 23 | effective date of this amendatory Act of the 96th General | ||||||
| 24 | Assembly in connection with the selection of the private | ||||||
| 25 | manager. As part of its obligation to terminate these contracts | ||||||
| 26 | and select the private manager, the Department shall establish | ||||||
| |||||||
| |||||||
| 1 | a mutually agreeable timetable to transfer the functions of | ||||||
| 2 | existing contractors to the private manager so that existing | ||||||
| 3 | Lottery operations are not materially diminished or impaired | ||||||
| 4 | during the transition. To that end, the Department shall do the | ||||||
| 5 | following: | ||||||
| 6 | (1) where such contracts contain a provision | ||||||
| 7 | authorizing termination upon notice, the Department shall | ||||||
| 8 | provide notice of termination to occur upon the mutually | ||||||
| 9 | agreed timetable for transfer of functions; | ||||||
| 10 | (2) upon the expiration of any initial term or renewal | ||||||
| 11 | term of the current Lottery contracts, the Department shall | ||||||
| 12 | not renew such contract for a term extending beyond the | ||||||
| 13 | mutually agreed timetable for transfer of functions; or | ||||||
| 14 | (3) in the event any current contract provides for | ||||||
| 15 | termination of that contract upon the implementation of a | ||||||
| 16 | contract with the private manager, the Department shall | ||||||
| 17 | perform all necessary actions to terminate the contract on | ||||||
| 18 | the date that coincides with the mutually agreed timetable | ||||||
| 19 | for transfer of functions. | ||||||
| 20 | If the contracts to support the current operation of the | ||||||
| 21 | Lottery in effect on the effective date of this amendatory Act | ||||||
| 22 | of the 96th General Assembly are not subject to termination as | ||||||
| 23 | provided for in this subsection (c), then the Department may | ||||||
| 24 | include a provision in the contract with the private manager | ||||||
| 25 | specifying a mutually agreeable methodology for incorporation. | ||||||
| 26 | (c-5) The Department shall include provisions in the | ||||||
| |||||||
| |||||||
| 1 | management agreement whereby the private manager shall, for a | ||||||
| 2 | fee, and pursuant to a contract negotiated with the Department | ||||||
| 3 | (the "Employee Use Contract"), utilize the services of current | ||||||
| 4 | Department employees to assist in the administration and | ||||||
| 5 | operation of the Lottery. The Department shall be the employer | ||||||
| 6 | of all such bargaining unit employees assigned to perform such | ||||||
| 7 | work for the private manager, and such employees shall be State | ||||||
| 8 | employees, as defined by the Personnel Code. Department | ||||||
| 9 | employees shall operate under the same employment policies, | ||||||
| 10 | rules, regulations, and procedures, as other employees of the | ||||||
| 11 | Department. In addition, neither historical representation | ||||||
| 12 | rights under the Illinois Public Labor Relations Act, nor | ||||||
| 13 | existing collective bargaining agreements, shall be disturbed | ||||||
| 14 | by the management agreement with the private manager for the | ||||||
| 15 | management of the Lottery. | ||||||
| 16 | (d) The management agreement with the private manager shall | ||||||
| 17 | include all of the following: | ||||||
| 18 | (1) A term not to exceed 10 years, including any | ||||||
| 19 | renewals. | ||||||
| 20 | (2) A provision specifying that the Department: | ||||||
| 21 | (A) shall exercise actual control over all | ||||||
| 22 | significant business decisions; | ||||||
| 23 | (A-5) has the authority to direct or countermand | ||||||
| 24 | operating decisions by the private manager at any time; | ||||||
| 25 | (B) has ready access at any time to information | ||||||
| 26 | regarding Lottery operations; | ||||||
| |||||||
| |||||||
| 1 | (C) has the right to demand and receive information | ||||||
| 2 | from the private manager concerning any aspect of the | ||||||
| 3 | Lottery operations at any time; and | ||||||
| 4 | (D) retains ownership of all trade names, | ||||||
| 5 | trademarks, and intellectual property associated with | ||||||
| 6 | the Lottery. | ||||||
| 7 | (3) A provision imposing an affirmative duty on the | ||||||
| 8 | private manager to provide the Department with material | ||||||
| 9 | information and with any information the private manager | ||||||
| 10 | reasonably believes the Department would want to know to | ||||||
| 11 | enable the Department to conduct the Lottery. | ||||||
| 12 | (4) A provision requiring the private manager to | ||||||
| 13 | provide the Department with advance notice of any operating | ||||||
| 14 | decision that bears significantly on the public interest, | ||||||
| 15 | including, but not limited to, decisions on the kinds of | ||||||
| 16 | games to be offered to the public and decisions affecting | ||||||
| 17 | the relative risk and reward of the games being offered, so | ||||||
| 18 | the Department has a reasonable opportunity to evaluate and | ||||||
| 19 | countermand that decision. | ||||||
| 20 | (5) A provision providing for compensation of the | ||||||
| 21 | private manager that may consist of, among other things, a | ||||||
| 22 | fee for services and a performance based bonus as | ||||||
| 23 | consideration for managing the Lottery, including terms | ||||||
| 24 | that may provide the private manager with an increase in | ||||||
| 25 | compensation if Lottery revenues grow by a specified | ||||||
| 26 | percentage in a given year. | ||||||
| |||||||
| |||||||
| 1 | (6) (Blank). | ||||||
| 2 | (7) A provision requiring the deposit of all Lottery | ||||||
| 3 | proceeds to be deposited into the State Lottery Fund except | ||||||
| 4 | as otherwise provided in Section 20 of this Act. | ||||||
| 5 | (8) A provision requiring the private manager to locate | ||||||
| 6 | its principal office within the State. | ||||||
| 7 | (8-5) A provision encouraging that at least 20% of the | ||||||
| 8 | cost of contracts entered into for goods and services by | ||||||
| 9 | the private manager in connection with its management of | ||||||
| 10 | the Lottery, other than contracts with sales agents or | ||||||
| 11 | technical advisors, be awarded to businesses that are a | ||||||
| 12 | minority owned business, a female owned business, or a | ||||||
| 13 | business owned by a person with disability, as those terms | ||||||
| 14 | are defined in the Business Enterprise for Minorities, | ||||||
| 15 | Females, and Persons with Disabilities Act. | ||||||
| 16 | (9) A requirement that so long as the private manager | ||||||
| 17 | complies with all the conditions of the agreement under the | ||||||
| 18 | oversight of the Department, the private manager shall have | ||||||
| 19 | the following duties and obligations with respect to the | ||||||
| 20 | management of the Lottery: | ||||||
| 21 | (A) The right to use equipment and other assets | ||||||
| 22 | used in the operation of the Lottery. | ||||||
| 23 | (B) The rights and obligations under contracts | ||||||
| 24 | with retailers and vendors. | ||||||
| 25 | (C) The implementation of a comprehensive security | ||||||
| 26 | program by the private manager. | ||||||
| |||||||
| |||||||
| 1 | (D) The implementation of a comprehensive system | ||||||
| 2 | of internal audits. | ||||||
| 3 | (E) The implementation of a program by the private | ||||||
| 4 | manager to curb compulsive gambling by persons playing | ||||||
| 5 | the Lottery. | ||||||
| 6 | (F) A system for determining (i) the type of | ||||||
| 7 | Lottery games, (ii) the method of selecting winning | ||||||
| 8 | tickets, (iii) the manner of payment of prizes to | ||||||
| 9 | holders of winning tickets, (iv) the frequency of | ||||||
| 10 | drawings of winning tickets, (v) the method to be used | ||||||
| 11 | in selling tickets, (vi) a system for verifying the | ||||||
| 12 | validity of tickets claimed to be winning tickets, | ||||||
| 13 | (vii) the basis upon which retailer commissions are | ||||||
| 14 | established by the manager, and (viii) minimum | ||||||
| 15 | payouts. | ||||||
| 16 | (10) A requirement that advertising and promotion must | ||||||
| 17 | be consistent with Section 7.8a of this Act. | ||||||
| 18 | (11) A requirement that the private manager market the | ||||||
| 19 | Lottery to those residents who are new, infrequent, or | ||||||
| 20 | lapsed players of the Lottery, especially those who are | ||||||
| 21 | most likely to make regular purchases on the Internet as | ||||||
| 22 | permitted by law. | ||||||
| 23 | (12) A code of ethics for the private manager's | ||||||
| 24 | officers and employees. | ||||||
| 25 | (13) A requirement that the Department monitor and | ||||||
| 26 | oversee the private manager's practices and take action | ||||||
| |||||||
| |||||||
| 1 | that the Department considers appropriate to ensure that | ||||||
| 2 | the private manager is in compliance with the terms of the | ||||||
| 3 | management agreement, while allowing the manager, unless | ||||||
| 4 | specifically prohibited by law or the management | ||||||
| 5 | agreement, to negotiate and sign its own contracts with | ||||||
| 6 | vendors. | ||||||
| 7 | (14) A provision requiring the private manager to | ||||||
| 8 | periodically file, at least on an annual basis, appropriate | ||||||
| 9 | financial statements in a form and manner acceptable to the | ||||||
| 10 | Department. | ||||||
| 11 | (15) Cash reserves requirements. | ||||||
| 12 | (16) Procedural requirements for obtaining the prior | ||||||
| 13 | approval of the Department when a management agreement or | ||||||
| 14 | an interest in a management agreement is sold, assigned, | ||||||
| 15 | transferred, or pledged as collateral to secure financing. | ||||||
| 16 | (17) Grounds for the termination of the management | ||||||
| 17 | agreement by the Department or the private manager. | ||||||
| 18 | (18) Procedures for amendment of the agreement. | ||||||
| 19 | (19) A provision requiring the private manager to | ||||||
| 20 | engage in an open and competitive bidding process for any | ||||||
| 21 | procurement having a cost in excess of $50,000 that is not | ||||||
| 22 | a part of the private manager's final offer. The process | ||||||
| 23 | shall favor the selection of a vendor deemed to have | ||||||
| 24 | submitted a proposal that provides the Lottery with the | ||||||
| 25 | best overall value. The process shall not be subject to the | ||||||
| 26 | provisions of the Illinois Procurement Code, unless | ||||||
| |||||||
| |||||||
| 1 | specifically required by the management agreement. | ||||||
| 2 | (20) The transition of rights and obligations, | ||||||
| 3 | including any associated equipment or other assets used in | ||||||
| 4 | the operation of the Lottery, from the manager to any | ||||||
| 5 | successor manager of the lottery, including the | ||||||
| 6 | Department, following the termination of or foreclosure | ||||||
| 7 | upon the management agreement. | ||||||
| 8 | (21) Right of use of copyrights, trademarks, and | ||||||
| 9 | service marks held by the Department in the name of the | ||||||
| 10 | State. The agreement must provide that any use of them by | ||||||
| 11 | the manager shall only be for the purpose of fulfilling its | ||||||
| 12 | obligations under the management agreement during the term | ||||||
| 13 | of the agreement. | ||||||
| 14 | (22) The disclosure of any information requested by the | ||||||
| 15 | Department to enable it to comply with the reporting | ||||||
| 16 | requirements and information requests provided for under | ||||||
| 17 | subsection (p) of this Section. | ||||||
| 18 | (e) Notwithstanding any other law to the contrary, the | ||||||
| 19 | Department shall select a private manager through a competitive | ||||||
| 20 | request for qualifications process consistent with Section | ||||||
| 21 | 20-35 of the Illinois Procurement Code, which shall take into | ||||||
| 22 | account: | ||||||
| 23 | (1) the offeror's ability to market the Lottery to | ||||||
| 24 | those residents who are new, infrequent, or lapsed players | ||||||
| 25 | of the Lottery, especially those who are most likely to | ||||||
| 26 | make regular purchases on the Internet; | ||||||
| |||||||
| |||||||
| 1 | (2) the offeror's ability to address the State's | ||||||
| 2 | concern with the social effects of gambling on those who | ||||||
| 3 | can least afford to do so; | ||||||
| 4 | (3) the offeror's ability to provide the most | ||||||
| 5 | successful management of the Lottery for the benefit of the | ||||||
| 6 | people of the State based on current and past business | ||||||
| 7 | practices or plans of the offeror; and | ||||||
| 8 | (4) the offeror's poor or inadequate past performance | ||||||
| 9 | in servicing, equipping, operating or managing a lottery on | ||||||
| 10 | behalf of Illinois, another State or foreign government and | ||||||
| 11 | attracting persons who are not currently regular players of | ||||||
| 12 | a lottery. | ||||||
| 13 | (f) The Department may retain the services of an advisor or | ||||||
| 14 | advisors with significant experience in financial services or | ||||||
| 15 | the management, operation, and procurement of goods, services, | ||||||
| 16 | and equipment for a government-run lottery to assist in the | ||||||
| 17 | preparation of the terms of the request for qualifications and | ||||||
| 18 | selection of the private manager. Any prospective advisor | ||||||
| 19 | seeking to provide services under this subsection (f) shall | ||||||
| 20 | disclose any material business or financial relationship | ||||||
| 21 | during the past 3 years with any potential offeror, or with a | ||||||
| 22 | contractor or subcontractor presently providing goods, | ||||||
| 23 | services, or equipment to the Department to support the | ||||||
| 24 | Lottery. The Department shall evaluate the material business or | ||||||
| 25 | financial relationship of each prospective advisor. The | ||||||
| 26 | Department shall not select any prospective advisor with a | ||||||
| |||||||
| |||||||
| 1 | substantial business or financial relationship that the | ||||||
| 2 | Department deems to impair the objectivity of the services to | ||||||
| 3 | be provided by the prospective advisor. During the course of | ||||||
| 4 | the advisor's engagement by the Department, and for a period of | ||||||
| 5 | one year thereafter, the advisor shall not enter into any | ||||||
| 6 | business or financial relationship with any offeror or any | ||||||
| 7 | vendor identified to assist an offeror in performing its | ||||||
| 8 | obligations under the management agreement. Any advisor | ||||||
| 9 | retained by the Department shall be disqualified from being an | ||||||
| 10 | offeror.
The Department shall not include terms in the request | ||||||
| 11 | for qualifications that provide a material advantage whether | ||||||
| 12 | directly or indirectly to any potential offeror, or any | ||||||
| 13 | contractor or subcontractor presently providing goods, | ||||||
| 14 | services, or equipment to the Department to support the | ||||||
| 15 | Lottery, including terms contained in previous responses to | ||||||
| 16 | requests for proposals or qualifications submitted to | ||||||
| 17 | Illinois, another State or foreign government when those terms | ||||||
| 18 | are uniquely associated with a particular potential offeror, | ||||||
| 19 | contractor, or subcontractor. The request for proposals | ||||||
| 20 | offered by the Department on December 22, 2008 as | ||||||
| 21 | "LOT08GAMESYS" and reference number "22016176" is declared | ||||||
| 22 | void. | ||||||
| 23 | (g) The Department shall select at least 2 offerors as | ||||||
| 24 | finalists to potentially serve as the private manager no later | ||||||
| 25 | than August 9, 2010. Upon making preliminary selections, the | ||||||
| 26 | Department shall schedule a public hearing on the finalists' | ||||||
| |||||||
| |||||||
| 1 | proposals and provide public notice of the hearing at least 7 | ||||||
| 2 | calendar days before the hearing. The notice must include all | ||||||
| 3 | of the following: | ||||||
| 4 | (1) The date, time, and place of the hearing. | ||||||
| 5 | (2) The subject matter of the hearing. | ||||||
| 6 | (3) A brief description of the management agreement to | ||||||
| 7 | be awarded. | ||||||
| 8 | (4) The identity of the offerors that have been | ||||||
| 9 | selected as finalists to serve as the private manager. | ||||||
| 10 | (5) The address and telephone number of the Department. | ||||||
| 11 | (h) At the public hearing, the Department shall (i) provide | ||||||
| 12 | sufficient time for each finalist to present and explain its | ||||||
| 13 | proposal to the Department and the Governor or the Governor's | ||||||
| 14 | designee, including an opportunity to respond to questions | ||||||
| 15 | posed by the Department, Governor, or designee and (ii) allow | ||||||
| 16 | the public and non-selected offerors to comment on the | ||||||
| 17 | presentations. The Governor or a designee shall attend the | ||||||
| 18 | public hearing. After the public hearing, the Department shall | ||||||
| 19 | have 14 calendar days to recommend to the Governor whether a | ||||||
| 20 | management agreement should be entered into with a particular | ||||||
| 21 | finalist. After reviewing the Department's recommendation, the | ||||||
| 22 | Governor may accept or reject the Department's recommendation, | ||||||
| 23 | and shall select a final offeror as the private manager by | ||||||
| 24 | publication of a notice in the Illinois Procurement Bulletin on | ||||||
| 25 | or before September 15, 2010. The Governor shall include in the | ||||||
| 26 | notice a detailed explanation and the reasons why the final | ||||||
| |||||||
| |||||||
| 1 | offeror is superior to other offerors and will provide | ||||||
| 2 | management services in a manner that best achieves the | ||||||
| 3 | objectives of this Section. The Governor shall also sign the | ||||||
| 4 | management agreement with the private manager. | ||||||
| 5 | (i) Any action to contest the private manager selected by | ||||||
| 6 | the Governor under this Section must be brought within 7 | ||||||
| 7 | calendar days after the publication of the notice of the | ||||||
| 8 | designation of the private manager as provided in subsection | ||||||
| 9 | (h) of this Section. | ||||||
| 10 | (j) The Lottery shall remain, for so long as a private | ||||||
| 11 | manager manages the Lottery in accordance with provisions of | ||||||
| 12 | this Act, a Lottery conducted by the State, and the State shall | ||||||
| 13 | not be authorized to sell or transfer the Lottery to a third | ||||||
| 14 | party. | ||||||
| 15 | (k) Any tangible personal property used exclusively in | ||||||
| 16 | connection with the lottery that is owned by the Department and | ||||||
| 17 | leased to the private manager shall be owned by the Department | ||||||
| 18 | in the name of the State and shall be considered to be public | ||||||
| 19 | property devoted to an essential public and governmental | ||||||
| 20 | function. | ||||||
| 21 | (l) The Department may exercise any of its powers under | ||||||
| 22 | this Section or any other law as necessary or desirable for the | ||||||
| 23 | execution of the Department's powers under this Section. | ||||||
| 24 | (m) Neither this Section nor any management agreement | ||||||
| 25 | entered into under this Section prohibits the General Assembly | ||||||
| 26 | from authorizing forms of gambling that are not in direct | ||||||
| |||||||
| |||||||
| 1 | competition with the Lottery. The forms of gambling authorized | ||||||
| 2 | by this amendatory Act of the 100th General Assembly constitute | ||||||
| 3 | authorized forms of gambling that are not in direct competition | ||||||
| 4 | with the Lottery. | ||||||
| 5 | (n) The private manager shall be subject to a complete | ||||||
| 6 | investigation in the third, seventh, and tenth years of the | ||||||
| 7 | agreement (if the agreement is for a 10-year term) by the | ||||||
| 8 | Department in cooperation with the Auditor General to determine | ||||||
| 9 | whether the private manager has complied with this Section and | ||||||
| 10 | the management agreement. The private manager shall bear the | ||||||
| 11 | cost of an investigation or reinvestigation of the private | ||||||
| 12 | manager under this subsection. | ||||||
| 13 | (o) The powers conferred by this Section are in addition | ||||||
| 14 | and supplemental to the powers conferred by any other law. If | ||||||
| 15 | any other law or rule is inconsistent with this Section, | ||||||
| 16 | including, but not limited to, provisions of the Illinois | ||||||
| 17 | Procurement Code, then this Section controls as to any | ||||||
| 18 | management agreement entered into under this Section. This | ||||||
| 19 | Section and any rules adopted under this Section contain full | ||||||
| 20 | and complete authority for a management agreement between the | ||||||
| 21 | Department and a private manager. No law, procedure, | ||||||
| 22 | proceeding, publication, notice, consent, approval, order, or | ||||||
| 23 | act by the Department or any other officer, Department, agency, | ||||||
| 24 | or instrumentality of the State or any political subdivision is | ||||||
| 25 | required for the Department to enter into a management | ||||||
| 26 | agreement under this Section. This Section contains full and | ||||||
| |||||||
| |||||||
| 1 | complete authority for the Department to approve any contracts | ||||||
| 2 | entered into by a private manager with a vendor providing | ||||||
| 3 | goods, services, or both goods and services to the private | ||||||
| 4 | manager under the terms of the management agreement, including | ||||||
| 5 | subcontractors of such vendors. | ||||||
| 6 | Upon receipt of a written request from the Chief | ||||||
| 7 | Procurement Officer, the Department shall provide to the Chief | ||||||
| 8 | Procurement Officer a complete and un-redacted copy of the | ||||||
| 9 | management agreement or any contract that is subject to the | ||||||
| 10 | Department's approval authority under this subsection (o). The | ||||||
| 11 | Department shall provide a copy of the agreement or contract to | ||||||
| 12 | the Chief Procurement Officer in the time specified by the | ||||||
| 13 | Chief Procurement Officer in his or her written request, but no | ||||||
| 14 | later than 5 business days after the request is received by the | ||||||
| 15 | Department. The Chief Procurement Officer must retain any | ||||||
| 16 | portions of the management agreement or of any contract | ||||||
| 17 | designated by the Department as confidential, proprietary, or | ||||||
| 18 | trade secret information in complete confidence pursuant to | ||||||
| 19 | subsection (g) of Section 7 of the Freedom of Information Act. | ||||||
| 20 | The Department shall also provide the Chief Procurement Officer | ||||||
| 21 | with reasonable advance written notice of any contract that is | ||||||
| 22 | pending Department approval. | ||||||
| 23 | Notwithstanding any other provision of this Section to the | ||||||
| 24 | contrary, the Chief Procurement Officer shall adopt | ||||||
| 25 | administrative rules, including emergency rules, to establish | ||||||
| 26 | a procurement process to select a successor private manager if | ||||||
| |||||||
| |||||||
| 1 | a private management agreement has been terminated. The | ||||||
| 2 | selection process shall at a minimum take into account the | ||||||
| 3 | criteria set forth in items (1) through (4) of subsection (e) | ||||||
| 4 | of this Section and may include provisions consistent with | ||||||
| 5 | subsections (f), (g), (h), and (i) of this Section. The Chief | ||||||
| 6 | Procurement Officer shall also implement and administer the | ||||||
| 7 | adopted selection process upon the termination of a private | ||||||
| 8 | management agreement. The Department, after the Chief | ||||||
| 9 | Procurement Officer certifies that the procurement process has | ||||||
| 10 | been followed in accordance with the rules adopted under this | ||||||
| 11 | subsection (o), shall select a final offeror as the private | ||||||
| 12 | manager and sign the management agreement with the private | ||||||
| 13 | manager. | ||||||
| 14 | Except as provided in Sections 21.2, 21.5, 21.6, 21.7, | ||||||
| 15 | 21.8, and 21.9, the Department shall distribute all proceeds of | ||||||
| 16 | lottery tickets and shares sold in the following priority and | ||||||
| 17 | manner: | ||||||
| 18 | (1) The payment of prizes and retailer bonuses. | ||||||
| 19 | (2) The payment of costs incurred in the operation and | ||||||
| 20 | administration of the Lottery, including the payment of | ||||||
| 21 | sums due to the private manager under the management | ||||||
| 22 | agreement with the Department. | ||||||
| 23 | (3) On the last day of each month or as soon thereafter | ||||||
| 24 | as possible, the State Comptroller shall direct and the | ||||||
| 25 | State Treasurer shall transfer from the State Lottery Fund | ||||||
| 26 | to the Common School Fund an amount that is equal to the | ||||||
| |||||||
| |||||||
| 1 | proceeds transferred in the corresponding month of fiscal | ||||||
| 2 | year 2009, as adjusted for inflation, to the Common School | ||||||
| 3 | Fund. | ||||||
| 4 | (4) On or before the last day of each fiscal year, | ||||||
| 5 | deposit any remaining proceeds, subject to payments under | ||||||
| 6 | items (1), (2), and (3) into the Capital Projects Fund each | ||||||
| 7 | fiscal year. | ||||||
| 8 | (p) The Department shall be subject to the following | ||||||
| 9 | reporting and information request requirements: | ||||||
| 10 | (1) the Department shall submit written quarterly | ||||||
| 11 | reports to the Governor and the General Assembly on the | ||||||
| 12 | activities and actions of the private manager selected | ||||||
| 13 | under this Section; | ||||||
| 14 | (2) upon request of the Chief Procurement Officer, the | ||||||
| 15 | Department shall promptly produce information related to | ||||||
| 16 | the procurement activities of the Department and the | ||||||
| 17 | private manager requested by the Chief Procurement | ||||||
| 18 | Officer; the Chief Procurement Officer must retain | ||||||
| 19 | confidential, proprietary, or trade secret information | ||||||
| 20 | designated by the Department in complete confidence | ||||||
| 21 | pursuant to subsection (g) of Section 7 of the Freedom of | ||||||
| 22 | Information Act; and | ||||||
| 23 | (3) at least 30 days prior to the beginning of the | ||||||
| 24 | Department's fiscal year, the Department shall prepare an | ||||||
| 25 | annual written report on the activities of the private | ||||||
| 26 | manager selected under this Section and deliver that report | ||||||
| |||||||
| |||||||
| 1 | to the Governor and General Assembly. | ||||||
| 2 | (Source: P.A. 97-464, eff. 8-19-11; 98-463, eff. 8-16-13; | ||||||
| 3 | 98-649, eff. 6-16-14.)
| ||||||
| 4 | Section 90-10. The Department of Revenue Law of the
Civil | ||||||
| 5 | Administrative Code of Illinois is amended by changing Section | ||||||
| 6 | 2505-305 as follows:
| ||||||
| 7 | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
| ||||||
| 8 | Sec. 2505-305. Investigators.
| ||||||
| 9 | (a) The Department has the power to
appoint investigators | ||||||
| 10 | to conduct all investigations,
searches, seizures, arrests, | ||||||
| 11 | and other duties imposed under the provisions
of any law | ||||||
| 12 | administered by the Department.
Except as provided in | ||||||
| 13 | subsection (c), these investigators have
and
may exercise all | ||||||
| 14 | the powers of peace officers solely for the purpose of
| ||||||
| 15 | enforcing taxing measures administered by the Department.
| ||||||
| 16 | (b) The Director must authorize to each investigator | ||||||
| 17 | employed under this
Section and
to any other employee of the | ||||||
| 18 | Department exercising the powers of a peace
officer a
distinct | ||||||
| 19 | badge that, on its face, (i) clearly states that the badge is
| ||||||
| 20 | authorized
by the
Department and (ii)
contains a unique | ||||||
| 21 | identifying number.
No other badge shall be authorized by
the | ||||||
| 22 | Department.
| ||||||
| 23 | (c) The Department may enter into agreements with the | ||||||
| 24 | Illinois Gaming Board providing that investigators appointed | ||||||
| |||||||
| |||||||
| 1 | under this Section shall exercise the peace officer powers set | ||||||
| 2 | forth in paragraph (20.6) of subsection (c) of Section 5 of the | ||||||
| 3 | Illinois Riverboat Gambling Act.
| ||||||
| 4 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
| 5 | Section 90-12. The Illinois State Auditing Act is amended | ||||||
| 6 | by changing Section 3-1 as follows:
| ||||||
| 7 | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
| ||||||
| 8 | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | ||||||
| 9 | General has
jurisdiction over all State agencies to make post | ||||||
| 10 | audits and investigations
authorized by or under this Act or | ||||||
| 11 | the Constitution.
| ||||||
| 12 | The Auditor General has jurisdiction over local government | ||||||
| 13 | agencies
and private agencies only:
| ||||||
| 14 | (a) to make such post audits authorized by or under | ||||||
| 15 | this Act as are
necessary and incidental to a post audit of | ||||||
| 16 | a State agency or of a
program administered by a State | ||||||
| 17 | agency involving public funds of the
State, but this | ||||||
| 18 | jurisdiction does not include any authority to review
local | ||||||
| 19 | governmental agencies in the obligation, receipt, | ||||||
| 20 | expenditure or
use of public funds of the State that are | ||||||
| 21 | granted without limitation or
condition imposed by law, | ||||||
| 22 | other than the general limitation that such
funds be used | ||||||
| 23 | for public purposes;
| ||||||
| 24 | (b) to make investigations authorized by or under this | ||||||
| |||||||
| |||||||
| 1 | Act or the
Constitution; and
| ||||||
| 2 | (c) to make audits of the records of local government | ||||||
| 3 | agencies to verify
actual costs of state-mandated programs | ||||||
| 4 | when directed to do so by the
Legislative Audit Commission | ||||||
| 5 | at the request of the State Board of Appeals
under the | ||||||
| 6 | State Mandates Act.
| ||||||
| 7 | In addition to the foregoing, the Auditor General may | ||||||
| 8 | conduct an
audit of the Metropolitan Pier and Exposition | ||||||
| 9 | Authority, the
Regional Transportation Authority, the Suburban | ||||||
| 10 | Bus Division, the Commuter
Rail Division and the Chicago | ||||||
| 11 | Transit Authority and any other subsidized
carrier when | ||||||
| 12 | authorized by the Legislative Audit Commission. Such audit
may | ||||||
| 13 | be a financial, management or program audit, or any combination | ||||||
| 14 | thereof.
| ||||||
| 15 | The audit shall determine whether they are operating in | ||||||
| 16 | accordance with
all applicable laws and regulations. Subject to | ||||||
| 17 | the limitations of this
Act, the Legislative Audit Commission | ||||||
| 18 | may by resolution specify additional
determinations to be | ||||||
| 19 | included in the scope of the audit.
| ||||||
| 20 | In addition to the foregoing, the Auditor General must also | ||||||
| 21 | conduct a
financial audit of
the Illinois Sports Facilities | ||||||
| 22 | Authority's expenditures of public funds in
connection with the | ||||||
| 23 | reconstruction, renovation, remodeling, extension, or
| ||||||
| 24 | improvement of all or substantially all of any existing | ||||||
| 25 | "facility", as that
term is defined in the Illinois Sports | ||||||
| 26 | Facilities Authority Act.
| ||||||
| |||||||
| |||||||
| 1 | The Auditor General may also conduct an audit, when | ||||||
| 2 | authorized by
the Legislative Audit Commission, of any hospital | ||||||
| 3 | which receives 10% or
more of its gross revenues from payments | ||||||
| 4 | from the State of Illinois,
Department of Healthcare and Family | ||||||
| 5 | Services (formerly Department of Public Aid), Medical | ||||||
| 6 | Assistance Program.
| ||||||
| 7 | The Auditor General is authorized to conduct financial and | ||||||
| 8 | compliance
audits of the Illinois Distance Learning Foundation | ||||||
| 9 | and the Illinois
Conservation Foundation.
| ||||||
| 10 | As soon as practical after the effective date of this | ||||||
| 11 | amendatory Act of
1995, the Auditor General shall conduct a | ||||||
| 12 | compliance and management audit of
the City of
Chicago and any | ||||||
| 13 | other entity with regard to the operation of Chicago O'Hare
| ||||||
| 14 | International Airport, Chicago Midway Airport and Merrill C. | ||||||
| 15 | Meigs Field. The
audit shall include, but not be limited to, an | ||||||
| 16 | examination of revenues,
expenses, and transfers of funds; | ||||||
| 17 | purchasing and contracting policies and
practices; staffing | ||||||
| 18 | levels; and hiring practices and procedures. When
completed, | ||||||
| 19 | the audit required by this paragraph shall be distributed in
| ||||||
| 20 | accordance with Section 3-14.
| ||||||
| 21 | The Auditor General shall conduct a financial and | ||||||
| 22 | compliance and program
audit of distributions from the | ||||||
| 23 | Municipal Economic Development Fund
during the immediately | ||||||
| 24 | preceding calendar year pursuant to Section 8-403.1 of
the | ||||||
| 25 | Public Utilities Act at no cost to the city, village, or | ||||||
| 26 | incorporated town
that received the distributions.
| ||||||
| |||||||
| |||||||
| 1 | The Auditor General must conduct an audit of the Health | ||||||
| 2 | Facilities and Services Review Board pursuant to Section 19.5 | ||||||
| 3 | of the Illinois Health Facilities Planning
Act.
| ||||||
| 4 | The Auditor General must conduct an audit of the Chicago | ||||||
| 5 | Casino Development Authority pursuant to Section 1-60 of the | ||||||
| 6 | Chicago Casino Development Authority Act. | ||||||
| 7 | The Auditor General of the State of Illinois shall annually | ||||||
| 8 | conduct or
cause to be conducted a financial and compliance | ||||||
| 9 | audit of the books and records
of any county water commission | ||||||
| 10 | organized pursuant to the Water Commission Act
of 1985 and | ||||||
| 11 | shall file a copy of the report of that audit with the Governor | ||||||
| 12 | and
the Legislative Audit Commission. The filed audit shall be | ||||||
| 13 | open to the public
for inspection. The cost of the audit shall | ||||||
| 14 | be charged to the county water
commission in accordance with | ||||||
| 15 | Section 6z-27 of the State Finance Act. The
county water | ||||||
| 16 | commission shall make available to the Auditor General its | ||||||
| 17 | books
and records and any other documentation, whether in the | ||||||
| 18 | possession of its
trustees or other parties, necessary to | ||||||
| 19 | conduct the audit required. These
audit requirements apply only | ||||||
| 20 | through July 1, 2007.
| ||||||
| 21 | The Auditor General must conduct audits of the Rend Lake | ||||||
| 22 | Conservancy
District as provided in Section 25.5 of the River | ||||||
| 23 | Conservancy Districts Act.
| ||||||
| 24 | The Auditor General must conduct financial audits of the | ||||||
| 25 | Southeastern Illinois Economic Development Authority as | ||||||
| 26 | provided in Section 70 of the Southeastern Illinois Economic | ||||||
| |||||||
| |||||||
| 1 | Development Authority Act.
| ||||||
| 2 | The Auditor General shall conduct a compliance audit in | ||||||
| 3 | accordance with subsections (d) and (f) of Section 30 of the | ||||||
| 4 | Innovation Development and Economy Act. | ||||||
| 5 | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; | ||||||
| 6 | 96-939, eff. 6-24-10.)
| ||||||
| 7 | Section 90-15. The State Finance Act is amended by adding | ||||||
| 8 | Sections 5.878, 5.879, 5.880, and 6z-102 and by changing | ||||||
| 9 | Section 6z-45 as follows:
| ||||||
| 10 | (30 ILCS 105/5.878 new) | ||||||
| 11 | Sec. 5.878. The Gaming Facilities Fee Revenue Fund.
| ||||||
| 12 | (30 ILCS 105/5.879 new) | ||||||
| 13 | Sec. 5.879. The Depressed Communities Economic Development | ||||||
| 14 | Fund.
| ||||||
| 15 | (30 ILCS 105/5.880 new) | ||||||
| 16 | Sec. 5.880. The Latino Community Economic Development | ||||||
| 17 | Fund.
| ||||||
| 18 | (30 ILCS 105/6z-45)
| ||||||
| 19 | Sec. 6z-45. The School Infrastructure Fund.
| ||||||
| 20 | (a) The School Infrastructure Fund is created as a special | ||||||
| 21 | fund
in the State Treasury.
| ||||||
| |||||||
| |||||||
| 1 | In addition to any other deposits authorized by law, | ||||||
| 2 | beginning January
1, 2000, on the first day of each month, or | ||||||
| 3 | as soon thereafter as may be
practical, the State Treasurer and | ||||||
| 4 | State Comptroller shall transfer the sum of
$5,000,000 from the | ||||||
| 5 | General Revenue Fund to the School Infrastructure Fund, except | ||||||
| 6 | that, notwithstanding any other provision of law, and in | ||||||
| 7 | addition to any other transfers that may be provided for by | ||||||
| 8 | law, before June 30, 2012, the Comptroller and the Treasurer | ||||||
| 9 | shall transfer $45,000,000 from the General Revenue Fund into | ||||||
| 10 | the School Infrastructure Fund, and, for fiscal year 2013 only, | ||||||
| 11 | the Treasurer and the Comptroller shall transfer $1,250,000 | ||||||
| 12 | from the General Revenue Fund to the School Infrastructure Fund | ||||||
| 13 | on the first day of each month;
provided, however, that no such | ||||||
| 14 | transfers shall be made from July 1, 2001
through June 30, | ||||||
| 15 | 2003.
| ||||||
| 16 | (b) Subject to the transfer provisions set forth below, | ||||||
| 17 | money in the
School Infrastructure Fund shall, if and when the | ||||||
| 18 | State of Illinois incurs
any bonded indebtedness for the | ||||||
| 19 | construction of school improvements under
the School | ||||||
| 20 | Construction Law, be set aside and used for the purpose of
| ||||||
| 21 | paying and discharging annually the principal and interest on | ||||||
| 22 | that bonded
indebtedness then due and payable, and for no other | ||||||
| 23 | purpose.
| ||||||
| 24 | In addition to other transfers to the General Obligation | ||||||
| 25 | Bond Retirement and
Interest Fund made pursuant to Section 15 | ||||||
| 26 | of the General Obligation Bond Act,
upon each delivery of bonds | ||||||
| |||||||
| |||||||
| 1 | issued for construction of school improvements
under the School | ||||||
| 2 | Construction Law, the State Comptroller shall
compute and | ||||||
| 3 | certify to the State Treasurer the total amount of principal | ||||||
| 4 | of,
interest on, and premium, if any, on such bonds during the | ||||||
| 5 | then current and
each succeeding fiscal year.
With respect to | ||||||
| 6 | the interest payable on variable rate bonds, such
| ||||||
| 7 | certifications shall be calculated at the maximum rate of | ||||||
| 8 | interest that
may be payable during the fiscal year, after | ||||||
| 9 | taking into account any credits
permitted in the related | ||||||
| 10 | indenture or other instrument against the amount of
such | ||||||
| 11 | interest required to be appropriated for that period.
| ||||||
| 12 | On or before the last day of each month, the State | ||||||
| 13 | Treasurer and State
Comptroller shall transfer from the School | ||||||
| 14 | Infrastructure Fund to the General
Obligation Bond Retirement | ||||||
| 15 | and Interest Fund an amount sufficient to pay the
aggregate of | ||||||
| 16 | the principal of, interest on, and premium, if any, on the | ||||||
| 17 | bonds
payable on their next payment date, divided by the number | ||||||
| 18 | of monthly transfers
occurring between the last previous | ||||||
| 19 | payment date (or the delivery date if no
payment date has yet | ||||||
| 20 | occurred) and the next succeeding payment date.
Interest | ||||||
| 21 | payable on variable rate bonds shall be calculated at the | ||||||
| 22 | maximum
rate of interest that may be payable for the relevant | ||||||
| 23 | period, after taking into
account any credits permitted in the | ||||||
| 24 | related indenture or other instrument
against the amount of | ||||||
| 25 | such interest required to be appropriated for that
period.
| ||||||
| 26 | Interest for which moneys have already been deposited into the | ||||||
| |||||||
| |||||||
| 1 | capitalized
interest account within the General Obligation | ||||||
| 2 | Bond Retirement and Interest
Fund shall not be included in the | ||||||
| 3 | calculation of the amounts to be transferred
under this | ||||||
| 4 | subsection.
| ||||||
| 5 | (b-5) The money deposited into the School Infrastructure | ||||||
| 6 | Fund from transfers pursuant to subsections (c-30) and (c-35) | ||||||
| 7 | of Section 13 of the Illinois Riverboat Gambling Act shall be | ||||||
| 8 | applied, without further direction, as provided in subsection | ||||||
| 9 | (b-3) of Section 5-35 of the School Construction Law. | ||||||
| 10 | (c) The surplus, if any, in the School Infrastructure Fund | ||||||
| 11 | after payments made pursuant to subsections (b) and (b-5) of | ||||||
| 12 | this Section shall, subject to appropriation, be used as | ||||||
| 13 | follows:
| ||||||
| 14 | First - to make 3 payments to the School Technology | ||||||
| 15 | Revolving Loan Fund as
follows:
| ||||||
| 16 | Transfer of $30,000,000 in fiscal year 1999;
| ||||||
| 17 | Transfer of $20,000,000 in fiscal year 2000; and
| ||||||
| 18 | Transfer of $10,000,000 in fiscal year 2001.
| ||||||
| 19 | Second - to pay the expenses of the State Board of | ||||||
| 20 | Education and the Capital
Development Board in administering | ||||||
| 21 | programs under the School Construction
Law, the total expenses | ||||||
| 22 | not to exceed $1,200,000 in any
fiscal year.
| ||||||
| 23 | Third - to pay any amounts due for grants for school | ||||||
| 24 | construction projects
and debt service under the School | ||||||
| 25 | Construction Law.
| ||||||
| 26 | Fourth - to pay any amounts due for grants for school | ||||||
| |||||||
| |||||||
| 1 | maintenance projects
under the School Construction Law.
| ||||||
| 2 | (Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
| ||||||
| 3 | (30 ILCS 105/6z-102 new) | ||||||
| 4 | Sec. 6z-102. The Gaming Facilities Fee Revenue Fund. | ||||||
| 5 | (a) The Gaming Facilities Fee Revenue Fund is created as a | ||||||
| 6 | special fund in the State treasury. | ||||||
| 7 | (b) The revenues in the Fund shall be used, subject to | ||||||
| 8 | appropriation, by the Comptroller for the purpose of providing | ||||||
| 9 | appropriations to the Illinois Gaming Board for the | ||||||
| 10 | administration and enforcement of the Illinois Gambling Act and | ||||||
| 11 | the applicable provisions of the Chicago Casino Development | ||||||
| 12 | Authority Act, with any remaining amounts being transferred to | ||||||
| 13 | the General Revenue Fund. | ||||||
| 14 | (c) The Fund shall consist of fee revenues received | ||||||
| 15 | pursuant to subsection (a) of Section 1-45 of the Chicago | ||||||
| 16 | Casino Development Authority Act and pursuant to subsections | ||||||
| 17 | (e-10), (e-15), (h), and (h-5) of Section 7 and subsections | ||||||
| 18 | (b), (c), (d), and (k) of Section 7.7 of the Illinois Gambling | ||||||
| 19 | Act. All interest earned on moneys in the Fund shall be | ||||||
| 20 | deposited into the Fund. | ||||||
| 21 | (d) The Fund shall not be subject to administrative charges | ||||||
| 22 | or chargebacks, including, but not limited to, those authorized | ||||||
| 23 | under subsection (h) of Section 8 of this Act.
| ||||||
| 24 | Section 90-20. The Illinois Income Tax Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 201, 303, 304 and 710 as follows:
| ||||||
| 2 | (35 ILCS 5/201) (from Ch. 120, par. 2-201) | ||||||
| 3 | Sec. 201. Tax Imposed. | ||||||
| 4 | (a) In general. A tax measured by net income is hereby | ||||||
| 5 | imposed on every
individual, corporation, trust and estate for | ||||||
| 6 | each taxable year ending
after July 31, 1969 on the privilege | ||||||
| 7 | of earning or receiving income in or
as a resident of this | ||||||
| 8 | State. Such tax shall be in addition to all other
occupation or | ||||||
| 9 | privilege taxes imposed by this State or by any municipal
| ||||||
| 10 | corporation or political subdivision thereof. | ||||||
| 11 | (b) Rates. The tax imposed by subsection (a) of this | ||||||
| 12 | Section shall be
determined as follows, except as adjusted by | ||||||
| 13 | subsection (d-1): | ||||||
| 14 | (1) In the case of an individual, trust or estate, for | ||||||
| 15 | taxable years
ending prior to July 1, 1989, an amount equal | ||||||
| 16 | to 2 1/2% of the taxpayer's
net income for the taxable | ||||||
| 17 | year. | ||||||
| 18 | (2) In the case of an individual, trust or estate, for | ||||||
| 19 | taxable years
beginning prior to July 1, 1989 and ending | ||||||
| 20 | after June 30, 1989, an amount
equal to the sum of (i) 2 | ||||||
| 21 | 1/2% of the taxpayer's net income for the period
prior to | ||||||
| 22 | July 1, 1989, as calculated under Section 202.3, and (ii) | ||||||
| 23 | 3% of the
taxpayer's net income for the period after June | ||||||
| 24 | 30, 1989, as calculated
under Section 202.3. | ||||||
| 25 | (3) In the case of an individual, trust or estate, for | ||||||
| |||||||
| |||||||
| 1 | taxable years
beginning after June 30, 1989, and ending | ||||||
| 2 | prior to January 1, 2011, an amount equal to 3% of the | ||||||
| 3 | taxpayer's net
income for the taxable year. | ||||||
| 4 | (4) In the case of an individual, trust, or estate, for | ||||||
| 5 | taxable years beginning prior to January 1, 2011, and | ||||||
| 6 | ending after December 31, 2010, an amount equal to the sum | ||||||
| 7 | of (i) 3% of the taxpayer's net income for the period prior | ||||||
| 8 | to January 1, 2011, as calculated under Section 202.5, and | ||||||
| 9 | (ii) 5% of the taxpayer's net income for the period after | ||||||
| 10 | December 31, 2010, as calculated under Section 202.5. | ||||||
| 11 | (5) In the case of an individual, trust, or estate, for | ||||||
| 12 | taxable years beginning on or after January 1, 2011, and | ||||||
| 13 | ending prior to January 1, 2015, an amount equal to 5% of | ||||||
| 14 | the taxpayer's net income for the taxable year. | ||||||
| 15 | (5.1) In the case of an individual, trust, or estate, | ||||||
| 16 | for taxable years beginning prior to January 1, 2015, and | ||||||
| 17 | ending after December 31, 2014, an amount equal to the sum | ||||||
| 18 | of (i) 5% of the taxpayer's net income for the period prior | ||||||
| 19 | to January 1, 2015, as calculated under Section 202.5, and | ||||||
| 20 | (ii) 3.75% of the taxpayer's net income for the period | ||||||
| 21 | after December 31, 2014, as calculated under Section 202.5. | ||||||
| 22 | (5.2) In the case of an individual, trust, or estate, | ||||||
| 23 | for taxable years beginning on or after January 1, 2015, | ||||||
| 24 | and ending prior to January 1, 2025, an amount equal to | ||||||
| 25 | 3.75% of the taxpayer's net income for the taxable year. | ||||||
| 26 | (5.3) In the case of an individual, trust, or estate, | ||||||
| |||||||
| |||||||
| 1 | for taxable years beginning prior to January 1, 2025, and | ||||||
| 2 | ending after December 31, 2024, an amount equal to the sum | ||||||
| 3 | of (i) 3.75% of the taxpayer's net income for the period | ||||||
| 4 | prior to January 1, 2025, as calculated under Section | ||||||
| 5 | 202.5, and (ii) 3.25% of the taxpayer's net income for the | ||||||
| 6 | period after December 31, 2024, as calculated under Section | ||||||
| 7 | 202.5. | ||||||
| 8 | (5.4) In the case of an individual, trust, or estate, | ||||||
| 9 | for taxable years beginning on or after January 1, 2025, an | ||||||
| 10 | amount equal to 3.25% of the taxpayer's net income for the | ||||||
| 11 | taxable year. | ||||||
| 12 | (6) In the case of a corporation, for taxable years
| ||||||
| 13 | ending prior to July 1, 1989, an amount equal to 4% of the
| ||||||
| 14 | taxpayer's net income for the taxable year. | ||||||
| 15 | (7) In the case of a corporation, for taxable years | ||||||
| 16 | beginning prior to
July 1, 1989 and ending after June 30, | ||||||
| 17 | 1989, an amount equal to the sum of
(i) 4% of the | ||||||
| 18 | taxpayer's net income for the period prior to July 1, 1989,
| ||||||
| 19 | as calculated under Section 202.3, and (ii) 4.8% of the | ||||||
| 20 | taxpayer's net
income for the period after June 30, 1989, | ||||||
| 21 | as calculated under Section
202.3. | ||||||
| 22 | (8) In the case of a corporation, for taxable years | ||||||
| 23 | beginning after
June 30, 1989, and ending prior to January | ||||||
| 24 | 1, 2011, an amount equal to 4.8% of the taxpayer's net | ||||||
| 25 | income for the
taxable year. | ||||||
| 26 | (9) In the case of a corporation, for taxable years | ||||||
| |||||||
| |||||||
| 1 | beginning prior to January 1, 2011, and ending after | ||||||
| 2 | December 31, 2010, an amount equal to the sum of (i) 4.8% | ||||||
| 3 | of the taxpayer's net income for the period prior to | ||||||
| 4 | January 1, 2011, as calculated under Section 202.5, and | ||||||
| 5 | (ii) 7% of the taxpayer's net income for the period after | ||||||
| 6 | December 31, 2010, as calculated under Section 202.5. | ||||||
| 7 | (10) In the case of a corporation, for taxable years | ||||||
| 8 | beginning on or after January 1, 2011, and ending prior to | ||||||
| 9 | January 1, 2015, an amount equal to 7% of the taxpayer's | ||||||
| 10 | net income for the taxable year. | ||||||
| 11 | (11) In the case of a corporation, for taxable years | ||||||
| 12 | beginning prior to January 1, 2015, and ending after | ||||||
| 13 | December 31, 2014, an amount equal to the sum of (i) 7% of | ||||||
| 14 | the taxpayer's net income for the period prior to January | ||||||
| 15 | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% | ||||||
| 16 | of the taxpayer's net income for the period after December | ||||||
| 17 | 31, 2014, as calculated under Section 202.5. | ||||||
| 18 | (12) In the case of a corporation, for taxable years | ||||||
| 19 | beginning on or after January 1, 2015, and ending prior to | ||||||
| 20 | January 1, 2025, an amount equal to 5.25% of the taxpayer's | ||||||
| 21 | net income for the taxable year. | ||||||
| 22 | (13) In the case of a corporation, for taxable years | ||||||
| 23 | beginning prior to January 1, 2025, and ending after | ||||||
| 24 | December 31, 2024, an amount equal to the sum of (i) 5.25% | ||||||
| 25 | of the taxpayer's net income for the period prior to | ||||||
| 26 | January 1, 2025, as calculated under Section 202.5, and | ||||||
| |||||||
| |||||||
| 1 | (ii) 4.8% of the taxpayer's net income for the period after | ||||||
| 2 | December 31, 2024, as calculated under Section 202.5. | ||||||
| 3 | (14) In the case of a corporation, for taxable years | ||||||
| 4 | beginning on or after January 1, 2025, an amount equal to | ||||||
| 5 | 4.8% of the taxpayer's net income for the taxable year. | ||||||
| 6 | The rates under this subsection (b) are subject to the | ||||||
| 7 | provisions of Section 201.5. | ||||||
| 8 | (b-5) Surcharge; sale or exchange of assets, properties, | ||||||
| 9 | and intangibles of electronic gaming licensees. For each of | ||||||
| 10 | taxable years 2017 through 2025, a surcharge is imposed on all | ||||||
| 11 | taxpayers on income arising from the sale or exchange of | ||||||
| 12 | capital assets, depreciable business property, real property | ||||||
| 13 | used in the trade or business, and Section 197 intangibles (i) | ||||||
| 14 | of an organization licensee under the Illinois Horse Racing Act | ||||||
| 15 | of 1975 and (ii) of an electronic gaming licensee under the | ||||||
| 16 | Illinois Gambling Act. The amount of the surcharge is equal to | ||||||
| 17 | the amount of federal income tax liability for the taxable year | ||||||
| 18 | attributable to those sales and exchanges. The surcharge | ||||||
| 19 | imposed shall not apply if: | ||||||
| 20 | (1) the electronic gaming license, organization | ||||||
| 21 | license, or race track property is transferred as a result | ||||||
| 22 | of any of the following: | ||||||
| 23 | (A) bankruptcy, a receivership, or a debt | ||||||
| 24 | adjustment initiated by or against the initial | ||||||
| 25 | licensee or the substantial owners of the initial | ||||||
| 26 | licensee; | ||||||
| |||||||
| |||||||
| 1 | (B) cancellation, revocation, or termination of | ||||||
| 2 | any such license by the Illinois Gaming Board or the | ||||||
| 3 | Illinois Racing Board; | ||||||
| 4 | (C) a determination by the Illinois Gaming Board | ||||||
| 5 | that transfer of the license is in the best interests | ||||||
| 6 | of Illinois gaming; | ||||||
| 7 | (D) the death of an owner of the equity interest in | ||||||
| 8 | a licensee; | ||||||
| 9 | (E) the acquisition of a controlling interest in | ||||||
| 10 | the stock or substantially all of the assets of a | ||||||
| 11 | publicly traded company; | ||||||
| 12 | (F) a transfer by a parent company to a wholly | ||||||
| 13 | owned subsidiary; or | ||||||
| 14 | (G) the transfer or sale to or by one person to | ||||||
| 15 | another person where both persons were initial owners | ||||||
| 16 | of the license when the license was issued; or | ||||||
| 17 | (2) the controlling interest in the electronic gaming | ||||||
| 18 | license, organization license, or race track property is | ||||||
| 19 | transferred in a transaction to lineal descendants in which | ||||||
| 20 | no gain or loss is recognized or as a result of a | ||||||
| 21 | transaction in accordance with Section 351 of the Internal | ||||||
| 22 | Revenue Code in which no gain or loss is recognized; or | ||||||
| 23 | (3) live horse racing was not conducted in 2011 under a | ||||||
| 24 | license issued pursuant to the Illinois Horse Racing Act of | ||||||
| 25 | 1975. | ||||||
| 26 | The transfer of an electronic gaming license, organization | ||||||
| |||||||
| |||||||
| 1 | license, or race track property by a person other than the | ||||||
| 2 | initial licensee to receive the electronic gaming license is | ||||||
| 3 | not subject to a surcharge. The Department shall adopt rules | ||||||
| 4 | necessary to implement and administer this subsection. | ||||||
| 5 | (c) Personal Property Tax Replacement Income Tax.
| ||||||
| 6 | Beginning on July 1, 1979 and thereafter, in addition to such | ||||||
| 7 | income
tax, there is also hereby imposed the Personal Property | ||||||
| 8 | Tax Replacement
Income Tax measured by net income on every | ||||||
| 9 | corporation (including Subchapter
S corporations), partnership | ||||||
| 10 | and trust, for each taxable year ending after
June 30, 1979. | ||||||
| 11 | Such taxes are imposed on the privilege of earning or
receiving | ||||||
| 12 | income in or as a resident of this State. The Personal Property
| ||||||
| 13 | Tax Replacement Income Tax shall be in addition to the income | ||||||
| 14 | tax imposed
by subsections (a) and (b) of this Section and in | ||||||
| 15 | addition to all other
occupation or privilege taxes imposed by | ||||||
| 16 | this State or by any municipal
corporation or political | ||||||
| 17 | subdivision thereof. | ||||||
| 18 | (d) Additional Personal Property Tax Replacement Income | ||||||
| 19 | Tax Rates.
The personal property tax replacement income tax | ||||||
| 20 | imposed by this subsection
and subsection (c) of this Section | ||||||
| 21 | in the case of a corporation, other
than a Subchapter S | ||||||
| 22 | corporation and except as adjusted by subsection (d-1),
shall | ||||||
| 23 | be an additional amount equal to
2.85% of such taxpayer's net | ||||||
| 24 | income for the taxable year, except that
beginning on January | ||||||
| 25 | 1, 1981, and thereafter, the rate of 2.85% specified
in this | ||||||
| 26 | subsection shall be reduced to 2.5%, and in the case of a
| ||||||
| |||||||
| |||||||
| 1 | partnership, trust or a Subchapter S corporation shall be an | ||||||
| 2 | additional
amount equal to 1.5% of such taxpayer's net income | ||||||
| 3 | for the taxable year. | ||||||
| 4 | (d-1) Rate reduction for certain foreign insurers. In the | ||||||
| 5 | case of a
foreign insurer, as defined by Section 35A-5 of the | ||||||
| 6 | Illinois Insurance Code,
whose state or country of domicile | ||||||
| 7 | imposes on insurers domiciled in Illinois
a retaliatory tax | ||||||
| 8 | (excluding any insurer
whose premiums from reinsurance assumed | ||||||
| 9 | are 50% or more of its total insurance
premiums as determined | ||||||
| 10 | under paragraph (2) of subsection (b) of Section 304,
except | ||||||
| 11 | that for purposes of this determination premiums from | ||||||
| 12 | reinsurance do
not include premiums from inter-affiliate | ||||||
| 13 | reinsurance arrangements),
beginning with taxable years ending | ||||||
| 14 | on or after December 31, 1999,
the sum of
the rates of tax | ||||||
| 15 | imposed by subsections (b) and (d) shall be reduced (but not
| ||||||
| 16 | increased) to the rate at which the total amount of tax imposed | ||||||
| 17 | under this Act,
net of all credits allowed under this Act, | ||||||
| 18 | shall equal (i) the total amount of
tax that would be imposed | ||||||
| 19 | on the foreign insurer's net income allocable to
Illinois for | ||||||
| 20 | the taxable year by such foreign insurer's state or country of
| ||||||
| 21 | domicile if that net income were subject to all income taxes | ||||||
| 22 | and taxes
measured by net income imposed by such foreign | ||||||
| 23 | insurer's state or country of
domicile, net of all credits | ||||||
| 24 | allowed or (ii) a rate of zero if no such tax is
imposed on such | ||||||
| 25 | income by the foreign insurer's state of domicile.
For the | ||||||
| 26 | purposes of this subsection (d-1), an inter-affiliate includes | ||||||
| |||||||
| |||||||
| 1 | a
mutual insurer under common management. | ||||||
| 2 | (1) For the purposes of subsection (d-1), in no event | ||||||
| 3 | shall the sum of the
rates of tax imposed by subsections | ||||||
| 4 | (b) and (d) be reduced below the rate at
which the sum of: | ||||||
| 5 | (A) the total amount of tax imposed on such foreign | ||||||
| 6 | insurer under
this Act for a taxable year, net of all | ||||||
| 7 | credits allowed under this Act, plus | ||||||
| 8 | (B) the privilege tax imposed by Section 409 of the | ||||||
| 9 | Illinois Insurance
Code, the fire insurance company | ||||||
| 10 | tax imposed by Section 12 of the Fire
Investigation | ||||||
| 11 | Act, and the fire department taxes imposed under | ||||||
| 12 | Section 11-10-1
of the Illinois Municipal Code, | ||||||
| 13 | equals 1.25% for taxable years ending prior to December 31, | ||||||
| 14 | 2003, or
1.75% for taxable years ending on or after | ||||||
| 15 | December 31, 2003, of the net
taxable premiums written for | ||||||
| 16 | the taxable year,
as described by subsection (1) of Section | ||||||
| 17 | 409 of the Illinois Insurance Code.
This paragraph will in | ||||||
| 18 | no event increase the rates imposed under subsections
(b) | ||||||
| 19 | and (d). | ||||||
| 20 | (2) Any reduction in the rates of tax imposed by this | ||||||
| 21 | subsection shall be
applied first against the rates imposed | ||||||
| 22 | by subsection (b) and only after the
tax imposed by | ||||||
| 23 | subsection (a) net of all credits allowed under this | ||||||
| 24 | Section
other than the credit allowed under subsection (i) | ||||||
| 25 | has been reduced to zero,
against the rates imposed by | ||||||
| 26 | subsection (d). | ||||||
| |||||||
| |||||||
| 1 | This subsection (d-1) is exempt from the provisions of | ||||||
| 2 | Section 250. | ||||||
| 3 | (e) Investment credit. A taxpayer shall be allowed a credit
| ||||||
| 4 | against the Personal Property Tax Replacement Income Tax for
| ||||||
| 5 | investment in qualified property. | ||||||
| 6 | (1) A taxpayer shall be allowed a credit equal to .5% | ||||||
| 7 | of
the basis of qualified property placed in service during | ||||||
| 8 | the taxable year,
provided such property is placed in | ||||||
| 9 | service on or after
July 1, 1984. There shall be allowed an | ||||||
| 10 | additional credit equal
to .5% of the basis of qualified | ||||||
| 11 | property placed in service during the
taxable year, | ||||||
| 12 | provided such property is placed in service on or
after | ||||||
| 13 | July 1, 1986, and the taxpayer's base employment
within | ||||||
| 14 | Illinois has increased by 1% or more over the preceding | ||||||
| 15 | year as
determined by the taxpayer's employment records | ||||||
| 16 | filed with the
Illinois Department of Employment Security. | ||||||
| 17 | Taxpayers who are new to
Illinois shall be deemed to have | ||||||
| 18 | met the 1% growth in base employment for
the first year in | ||||||
| 19 | which they file employment records with the Illinois
| ||||||
| 20 | Department of Employment Security. The provisions added to | ||||||
| 21 | this Section by
Public Act 85-1200 (and restored by Public | ||||||
| 22 | Act 87-895) shall be
construed as declaratory of existing | ||||||
| 23 | law and not as a new enactment. If,
in any year, the | ||||||
| 24 | increase in base employment within Illinois over the
| ||||||
| 25 | preceding year is less than 1%, the additional credit shall | ||||||
| 26 | be limited to that
percentage times a fraction, the | ||||||
| |||||||
| |||||||
| 1 | numerator of which is .5% and the denominator
of which is | ||||||
| 2 | 1%, but shall not exceed .5%. The investment credit shall | ||||||
| 3 | not be
allowed to the extent that it would reduce a | ||||||
| 4 | taxpayer's liability in any tax
year below zero, nor may | ||||||
| 5 | any credit for qualified property be allowed for any
year | ||||||
| 6 | other than the year in which the property was placed in | ||||||
| 7 | service in
Illinois. For tax years ending on or after | ||||||
| 8 | December 31, 1987, and on or
before December 31, 1988, the | ||||||
| 9 | credit shall be allowed for the tax year in
which the | ||||||
| 10 | property is placed in service, or, if the amount of the | ||||||
| 11 | credit
exceeds the tax liability for that year, whether it | ||||||
| 12 | exceeds the original
liability or the liability as later | ||||||
| 13 | amended, such excess may be carried
forward and applied to | ||||||
| 14 | the tax liability of the 5 taxable years following
the | ||||||
| 15 | excess credit years if the taxpayer (i) makes investments | ||||||
| 16 | which cause
the creation of a minimum of 2,000 full-time | ||||||
| 17 | equivalent jobs in Illinois,
(ii) is located in an | ||||||
| 18 | enterprise zone established pursuant to the Illinois
| ||||||
| 19 | Enterprise Zone Act and (iii) is certified by the | ||||||
| 20 | Department of Commerce
and Community Affairs (now | ||||||
| 21 | Department of Commerce and Economic Opportunity) as | ||||||
| 22 | complying with the requirements specified in
clause (i) and | ||||||
| 23 | (ii) by July 1, 1986. The Department of Commerce and
| ||||||
| 24 | Community Affairs (now Department of Commerce and Economic | ||||||
| 25 | Opportunity) shall notify the Department of Revenue of all | ||||||
| 26 | such
certifications immediately. For tax years ending | ||||||
| |||||||
| |||||||
| 1 | after December 31, 1988,
the credit shall be allowed for | ||||||
| 2 | the tax year in which the property is
placed in service, | ||||||
| 3 | or, if the amount of the credit exceeds the tax
liability | ||||||
| 4 | for that year, whether it exceeds the original liability or | ||||||
| 5 | the
liability as later amended, such excess may be carried | ||||||
| 6 | forward and applied
to the tax liability of the 5 taxable | ||||||
| 7 | years following the excess credit
years. The credit shall | ||||||
| 8 | be applied to the earliest year for which there is
a | ||||||
| 9 | liability. If there is credit from more than one tax year | ||||||
| 10 | that is
available to offset a liability, earlier credit | ||||||
| 11 | shall be applied first. | ||||||
| 12 | (2) The term "qualified property" means property | ||||||
| 13 | which: | ||||||
| 14 | (A) is tangible, whether new or used, including | ||||||
| 15 | buildings and structural
components of buildings and | ||||||
| 16 | signs that are real property, but not including
land or | ||||||
| 17 | improvements to real property that are not a structural | ||||||
| 18 | component of a
building such as landscaping, sewer | ||||||
| 19 | lines, local access roads, fencing, parking
lots, and | ||||||
| 20 | other appurtenances; | ||||||
| 21 | (B) is depreciable pursuant to Section 167 of the | ||||||
| 22 | Internal Revenue Code,
except that "3-year property" | ||||||
| 23 | as defined in Section 168(c)(2)(A) of that
Code is not | ||||||
| 24 | eligible for the credit provided by this subsection | ||||||
| 25 | (e); | ||||||
| 26 | (C) is acquired by purchase as defined in Section | ||||||
| |||||||
| |||||||
| 1 | 179(d) of
the Internal Revenue Code; | ||||||
| 2 | (D) is used in Illinois by a taxpayer who is | ||||||
| 3 | primarily engaged in
manufacturing, or in mining coal | ||||||
| 4 | or fluorite, or in retailing, or was placed in service | ||||||
| 5 | on or after July 1, 2006 in a River Edge Redevelopment | ||||||
| 6 | Zone established pursuant to the River Edge | ||||||
| 7 | Redevelopment Zone Act; and | ||||||
| 8 | (E) has not previously been used in Illinois in | ||||||
| 9 | such a manner and by
such a person as would qualify for | ||||||
| 10 | the credit provided by this subsection
(e) or | ||||||
| 11 | subsection (f). | ||||||
| 12 | (3) For purposes of this subsection (e), | ||||||
| 13 | "manufacturing" means
the material staging and production | ||||||
| 14 | of tangible personal property by
procedures commonly | ||||||
| 15 | regarded as manufacturing, processing, fabrication, or
| ||||||
| 16 | assembling which changes some existing material into new | ||||||
| 17 | shapes, new
qualities, or new combinations. For purposes of | ||||||
| 18 | this subsection
(e) the term "mining" shall have the same | ||||||
| 19 | meaning as the term "mining" in
Section 613(c) of the | ||||||
| 20 | Internal Revenue Code. For purposes of this subsection
(e), | ||||||
| 21 | the term "retailing" means the sale of tangible personal | ||||||
| 22 | property for use or consumption and not for resale, or
| ||||||
| 23 | services rendered in conjunction with the sale of tangible | ||||||
| 24 | personal property for use or consumption and not for | ||||||
| 25 | resale. For purposes of this subsection (e), "tangible | ||||||
| 26 | personal property" has the same meaning as when that term | ||||||
| |||||||
| |||||||
| 1 | is used in the Retailers' Occupation Tax Act, and, for | ||||||
| 2 | taxable years ending after December 31, 2008, does not | ||||||
| 3 | include the generation, transmission, or distribution of | ||||||
| 4 | electricity. | ||||||
| 5 | (4) The basis of qualified property shall be the basis
| ||||||
| 6 | used to compute the depreciation deduction for federal | ||||||
| 7 | income tax purposes. | ||||||
| 8 | (5) If the basis of the property for federal income tax | ||||||
| 9 | depreciation
purposes is increased after it has been placed | ||||||
| 10 | in service in Illinois by
the taxpayer, the amount of such | ||||||
| 11 | increase shall be deemed property placed
in service on the | ||||||
| 12 | date of such increase in basis. | ||||||
| 13 | (6) The term "placed in service" shall have the same
| ||||||
| 14 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
| 15 | (7) If during any taxable year, any property ceases to
| ||||||
| 16 | be qualified property in the hands of the taxpayer within | ||||||
| 17 | 48 months after
being placed in service, or the situs of | ||||||
| 18 | any qualified property is
moved outside Illinois within 48 | ||||||
| 19 | months after being placed in service, the
Personal Property | ||||||
| 20 | Tax Replacement Income Tax for such taxable year shall be
| ||||||
| 21 | increased. Such increase shall be determined by (i) | ||||||
| 22 | recomputing the
investment credit which would have been | ||||||
| 23 | allowed for the year in which
credit for such property was | ||||||
| 24 | originally allowed by eliminating such
property from such | ||||||
| 25 | computation and, (ii) subtracting such recomputed credit
| ||||||
| 26 | from the amount of credit previously allowed. For the | ||||||
| |||||||
| |||||||
| 1 | purposes of this
paragraph (7), a reduction of the basis of | ||||||
| 2 | qualified property resulting
from a redetermination of the | ||||||
| 3 | purchase price shall be deemed a disposition
of qualified | ||||||
| 4 | property to the extent of such reduction. | ||||||
| 5 | (8) Unless the investment credit is extended by law, | ||||||
| 6 | the
basis of qualified property shall not include costs | ||||||
| 7 | incurred after
December 31, 2018, except for costs incurred | ||||||
| 8 | pursuant to a binding
contract entered into on or before | ||||||
| 9 | December 31, 2018. | ||||||
| 10 | (9) Each taxable year ending before December 31, 2000, | ||||||
| 11 | a partnership may
elect to pass through to its
partners the | ||||||
| 12 | credits to which the partnership is entitled under this | ||||||
| 13 | subsection
(e) for the taxable year. A partner may use the | ||||||
| 14 | credit allocated to him or her
under this paragraph only | ||||||
| 15 | against the tax imposed in subsections (c) and (d) of
this | ||||||
| 16 | Section. If the partnership makes that election, those | ||||||
| 17 | credits shall be
allocated among the partners in the | ||||||
| 18 | partnership in accordance with the rules
set forth in | ||||||
| 19 | Section 704(b) of the Internal Revenue Code, and the rules
| ||||||
| 20 | promulgated under that Section, and the allocated amount of | ||||||
| 21 | the credits shall
be allowed to the partners for that | ||||||
| 22 | taxable year. The partnership shall make
this election on | ||||||
| 23 | its Personal Property Tax Replacement Income Tax return for
| ||||||
| 24 | that taxable year. The election to pass through the credits | ||||||
| 25 | shall be
irrevocable. | ||||||
| 26 | For taxable years ending on or after December 31, 2000, | ||||||
| |||||||
| |||||||
| 1 | a
partner that qualifies its
partnership for a subtraction | ||||||
| 2 | under subparagraph (I) of paragraph (2) of
subsection (d) | ||||||
| 3 | of Section 203 or a shareholder that qualifies a Subchapter | ||||||
| 4 | S
corporation for a subtraction under subparagraph (S) of | ||||||
| 5 | paragraph (2) of
subsection (b) of Section 203 shall be | ||||||
| 6 | allowed a credit under this subsection
(e) equal to its | ||||||
| 7 | share of the credit earned under this subsection (e) during
| ||||||
| 8 | the taxable year by the partnership or Subchapter S | ||||||
| 9 | corporation, determined in
accordance with the | ||||||
| 10 | determination of income and distributive share of
income | ||||||
| 11 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
| 12 | Revenue
Code. This paragraph is exempt from the provisions | ||||||
| 13 | of Section 250. | ||||||
| 14 | (f) Investment credit; Enterprise Zone; River Edge | ||||||
| 15 | Redevelopment Zone. | ||||||
| 16 | (1) A taxpayer shall be allowed a credit against the | ||||||
| 17 | tax imposed
by subsections (a) and (b) of this Section for | ||||||
| 18 | investment in qualified
property which is placed in service | ||||||
| 19 | in an Enterprise Zone created
pursuant to the Illinois | ||||||
| 20 | Enterprise Zone Act or, for property placed in service on | ||||||
| 21 | or after July 1, 2006, a River Edge Redevelopment Zone | ||||||
| 22 | established pursuant to the River Edge Redevelopment Zone | ||||||
| 23 | Act. For partners, shareholders
of Subchapter S | ||||||
| 24 | corporations, and owners of limited liability companies,
| ||||||
| 25 | if the liability company is treated as a partnership for | ||||||
| 26 | purposes of
federal and State income taxation, there shall | ||||||
| |||||||
| |||||||
| 1 | be allowed a credit under
this subsection (f) to be | ||||||
| 2 | determined in accordance with the determination
of income | ||||||
| 3 | and distributive share of income under Sections 702 and 704 | ||||||
| 4 | and
Subchapter S of the Internal Revenue Code. The credit | ||||||
| 5 | shall be .5% of the
basis for such property. The credit | ||||||
| 6 | shall be available only in the taxable
year in which the | ||||||
| 7 | property is placed in service in the Enterprise Zone or | ||||||
| 8 | River Edge Redevelopment Zone and
shall not be allowed to | ||||||
| 9 | the extent that it would reduce a taxpayer's
liability for | ||||||
| 10 | the tax imposed by subsections (a) and (b) of this Section | ||||||
| 11 | to
below zero. For tax years ending on or after December | ||||||
| 12 | 31, 1985, the credit
shall be allowed for the tax year in | ||||||
| 13 | which the property is placed in
service, or, if the amount | ||||||
| 14 | of the credit exceeds the tax liability for that
year, | ||||||
| 15 | whether it exceeds the original liability or the liability | ||||||
| 16 | as later
amended, such excess may be carried forward and | ||||||
| 17 | applied to the tax
liability of the 5 taxable years | ||||||
| 18 | following the excess credit year.
The credit shall be | ||||||
| 19 | applied to the earliest year for which there is a
| ||||||
| 20 | liability. If there is credit from more than one tax year | ||||||
| 21 | that is available
to offset a liability, the credit | ||||||
| 22 | accruing first in time shall be applied
first. | ||||||
| 23 | (2) The term qualified property means property which: | ||||||
| 24 | (A) is tangible, whether new or used, including | ||||||
| 25 | buildings and
structural components of buildings; | ||||||
| 26 | (B) is depreciable pursuant to Section 167 of the | ||||||
| |||||||
| |||||||
| 1 | Internal Revenue
Code, except that "3-year property" | ||||||
| 2 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
| 3 | eligible for the credit provided by this subsection | ||||||
| 4 | (f); | ||||||
| 5 | (C) is acquired by purchase as defined in Section | ||||||
| 6 | 179(d) of
the Internal Revenue Code; | ||||||
| 7 | (D) is used in the Enterprise Zone or River Edge | ||||||
| 8 | Redevelopment Zone by the taxpayer; and | ||||||
| 9 | (E) has not been previously used in Illinois in | ||||||
| 10 | such a manner and by
such a person as would qualify for | ||||||
| 11 | the credit provided by this subsection
(f) or | ||||||
| 12 | subsection (e). | ||||||
| 13 | (3) The basis of qualified property shall be the basis | ||||||
| 14 | used to compute
the depreciation deduction for federal | ||||||
| 15 | income tax purposes. | ||||||
| 16 | (4) If the basis of the property for federal income tax | ||||||
| 17 | depreciation
purposes is increased after it has been placed | ||||||
| 18 | in service in the Enterprise
Zone or River Edge | ||||||
| 19 | Redevelopment Zone by the taxpayer, the amount of such | ||||||
| 20 | increase shall be deemed property
placed in service on the | ||||||
| 21 | date of such increase in basis. | ||||||
| 22 | (5) The term "placed in service" shall have the same | ||||||
| 23 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
| 24 | (6) If during any taxable year, any property ceases to | ||||||
| 25 | be qualified
property in the hands of the taxpayer within | ||||||
| 26 | 48 months after being placed
in service, or the situs of | ||||||
| |||||||
| |||||||
| 1 | any qualified property is moved outside the
Enterprise Zone | ||||||
| 2 | or River Edge Redevelopment Zone within 48 months after | ||||||
| 3 | being placed in service, the tax
imposed under subsections | ||||||
| 4 | (a) and (b) of this Section for such taxable year
shall be | ||||||
| 5 | increased. Such increase shall be determined by (i) | ||||||
| 6 | recomputing
the investment credit which would have been | ||||||
| 7 | allowed for the year in which
credit for such property was | ||||||
| 8 | originally allowed by eliminating such
property from such | ||||||
| 9 | computation, and (ii) subtracting such recomputed credit
| ||||||
| 10 | from the amount of credit previously allowed. For the | ||||||
| 11 | purposes of this
paragraph (6), a reduction of the basis of | ||||||
| 12 | qualified property resulting
from a redetermination of the | ||||||
| 13 | purchase price shall be deemed a disposition
of qualified | ||||||
| 14 | property to the extent of such reduction. | ||||||
| 15 | (7) There shall be allowed an additional credit equal | ||||||
| 16 | to 0.5% of the basis of qualified property placed in | ||||||
| 17 | service during the taxable year in a River Edge | ||||||
| 18 | Redevelopment Zone, provided such property is placed in | ||||||
| 19 | service on or after July 1, 2006, and the taxpayer's base | ||||||
| 20 | employment within Illinois has increased by 1% or more over | ||||||
| 21 | the preceding year as determined by the taxpayer's | ||||||
| 22 | employment records filed with the Illinois Department of | ||||||
| 23 | Employment Security. Taxpayers who are new to Illinois | ||||||
| 24 | shall be deemed to have met the 1% growth in base | ||||||
| 25 | employment for the first year in which they file employment | ||||||
| 26 | records with the Illinois Department of Employment | ||||||
| |||||||
| |||||||
| 1 | Security. If, in any year, the increase in base employment | ||||||
| 2 | within Illinois over the preceding year is less than 1%, | ||||||
| 3 | the additional credit shall be limited to that percentage | ||||||
| 4 | times a fraction, the numerator of which is 0.5% and the | ||||||
| 5 | denominator of which is 1%, but shall not exceed 0.5%.
| ||||||
| 6 | (g) (Blank). | ||||||
| 7 | (h) Investment credit; High Impact Business. | ||||||
| 8 | (1) Subject to subsections (b) and (b-5) of Section
5.5 | ||||||
| 9 | of the Illinois Enterprise Zone Act, a taxpayer shall be | ||||||
| 10 | allowed a credit
against the tax imposed by subsections (a) | ||||||
| 11 | and (b) of this Section for
investment in qualified
| ||||||
| 12 | property which is placed in service by a Department of | ||||||
| 13 | Commerce and Economic Opportunity
designated High Impact | ||||||
| 14 | Business. The credit shall be .5% of the basis
for such | ||||||
| 15 | property. The credit shall not be available (i) until the | ||||||
| 16 | minimum
investments in qualified property set forth in | ||||||
| 17 | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
| ||||||
| 18 | Enterprise Zone Act have been satisfied
or (ii) until the | ||||||
| 19 | time authorized in subsection (b-5) of the Illinois
| ||||||
| 20 | Enterprise Zone Act for entities designated as High Impact | ||||||
| 21 | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and | ||||||
| 22 | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone | ||||||
| 23 | Act, and shall not be allowed to the extent that it would
| ||||||
| 24 | reduce a taxpayer's liability for the tax imposed by | ||||||
| 25 | subsections (a) and (b) of
this Section to below zero. The | ||||||
| 26 | credit applicable to such investments shall be
taken in the | ||||||
| |||||||
| |||||||
| 1 | taxable year in which such investments have been completed. | ||||||
| 2 | The
credit for additional investments beyond the minimum | ||||||
| 3 | investment by a designated
high impact business authorized | ||||||
| 4 | under subdivision (a)(3)(A) of Section 5.5 of
the Illinois | ||||||
| 5 | Enterprise Zone Act shall be available only in the taxable | ||||||
| 6 | year in
which the property is placed in service and shall | ||||||
| 7 | not be allowed to the extent
that it would reduce a | ||||||
| 8 | taxpayer's liability for the tax imposed by subsections
(a) | ||||||
| 9 | and (b) of this Section to below zero.
For tax years ending | ||||||
| 10 | on or after December 31, 1987, the credit shall be
allowed | ||||||
| 11 | for the tax year in which the property is placed in | ||||||
| 12 | service, or, if
the amount of the credit exceeds the tax | ||||||
| 13 | liability for that year, whether
it exceeds the original | ||||||
| 14 | liability or the liability as later amended, such
excess | ||||||
| 15 | may be carried forward and applied to the tax liability of | ||||||
| 16 | the 5
taxable years following the excess credit year. The | ||||||
| 17 | credit shall be
applied to the earliest year for which | ||||||
| 18 | there is a liability. If there is
credit from more than one | ||||||
| 19 | tax year that is available to offset a liability,
the | ||||||
| 20 | credit accruing first in time shall be applied first. | ||||||
| 21 | Changes made in this subdivision (h)(1) by Public Act | ||||||
| 22 | 88-670
restore changes made by Public Act 85-1182 and | ||||||
| 23 | reflect existing law. | ||||||
| 24 | (2) The term qualified property means property which: | ||||||
| 25 | (A) is tangible, whether new or used, including | ||||||
| 26 | buildings and
structural components of buildings; | ||||||
| |||||||
| |||||||
| 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 | (h); | ||||||
| 6 | (C) is acquired by purchase as defined in Section | ||||||
| 7 | 179(d) of the
Internal Revenue Code; and | ||||||
| 8 | (D) is not eligible for the Enterprise Zone | ||||||
| 9 | Investment Credit provided
by subsection (f) of this | ||||||
| 10 | Section. | ||||||
| 11 | (3) The basis of qualified property shall be the basis | ||||||
| 12 | used to compute
the depreciation deduction for federal | ||||||
| 13 | income tax purposes. | ||||||
| 14 | (4) If the basis of the property for federal income tax | ||||||
| 15 | depreciation
purposes is increased after it has been placed | ||||||
| 16 | in service in a federally
designated Foreign Trade Zone or | ||||||
| 17 | Sub-Zone located in Illinois by the taxpayer,
the amount of | ||||||
| 18 | such increase shall be deemed property placed in service on
| ||||||
| 19 | the date of such increase in basis. | ||||||
| 20 | (5) The term "placed in service" shall have the same | ||||||
| 21 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
| 22 | (6) If during any taxable year ending on or before | ||||||
| 23 | December 31, 1996,
any property ceases to be qualified
| ||||||
| 24 | property in the hands of the taxpayer within 48 months | ||||||
| 25 | after being placed
in service, or the situs of any | ||||||
| 26 | qualified property is moved outside
Illinois within 48 | ||||||
| |||||||
| |||||||
| 1 | months after being placed in service, the tax imposed
under | ||||||
| 2 | subsections (a) and (b) of this Section for such taxable | ||||||
| 3 | year shall
be increased. Such increase shall be determined | ||||||
| 4 | by (i) recomputing the
investment credit which would have | ||||||
| 5 | been allowed for the year in which
credit for such property | ||||||
| 6 | was originally allowed by eliminating such
property from | ||||||
| 7 | such computation, and (ii) subtracting such recomputed | ||||||
| 8 | credit
from the amount of credit previously allowed. For | ||||||
| 9 | the purposes of this
paragraph (6), a reduction of the | ||||||
| 10 | basis of qualified property resulting
from a | ||||||
| 11 | redetermination of the purchase price shall be deemed a | ||||||
| 12 | disposition
of qualified property to the extent of such | ||||||
| 13 | reduction. | ||||||
| 14 | (7) Beginning with tax years ending after December 31, | ||||||
| 15 | 1996, if a
taxpayer qualifies for the credit under this | ||||||
| 16 | subsection (h) and thereby is
granted a tax abatement and | ||||||
| 17 | the taxpayer relocates its entire facility in
violation of | ||||||
| 18 | the explicit terms and length of the contract under Section
| ||||||
| 19 | 18-183 of the Property Tax Code, the tax imposed under | ||||||
| 20 | subsections
(a) and (b) of this Section shall be increased | ||||||
| 21 | for the taxable year
in which the taxpayer relocated its | ||||||
| 22 | facility by an amount equal to the
amount of credit | ||||||
| 23 | received by the taxpayer under this subsection (h). | ||||||
| 24 | (i) Credit for Personal Property Tax Replacement Income | ||||||
| 25 | Tax.
For tax years ending prior to December 31, 2003, a credit | ||||||
| 26 | shall be allowed
against the tax imposed by
subsections (a) and | ||||||
| |||||||
| |||||||
| 1 | (b) of this Section for the tax imposed by subsections (c)
and | ||||||
| 2 | (d) of this Section. This credit shall be computed by | ||||||
| 3 | multiplying the tax
imposed by subsections (c) and (d) of this | ||||||
| 4 | Section by a fraction, the numerator
of which is base income | ||||||
| 5 | allocable to Illinois and the denominator of which is
Illinois | ||||||
| 6 | base income, and further multiplying the product by the tax | ||||||
| 7 | rate
imposed by subsections (a) and (b) of this Section. | ||||||
| 8 | Any credit earned on or after December 31, 1986 under
this | ||||||
| 9 | subsection which is unused in the year
the credit is computed | ||||||
| 10 | because it exceeds the tax liability imposed by
subsections (a) | ||||||
| 11 | and (b) for that year (whether it exceeds the original
| ||||||
| 12 | liability or the liability as later amended) may be carried | ||||||
| 13 | forward and
applied to the tax liability imposed by subsections | ||||||
| 14 | (a) and (b) of the 5
taxable years following the excess credit | ||||||
| 15 | year, provided that no credit may
be carried forward to any | ||||||
| 16 | year ending on or
after December 31, 2003. This credit shall be
| ||||||
| 17 | applied first to the earliest year for which there is a | ||||||
| 18 | liability. If
there is a credit under this subsection from more | ||||||
| 19 | than one tax year that is
available to offset a liability the | ||||||
| 20 | earliest credit arising under this
subsection shall be applied | ||||||
| 21 | first. | ||||||
| 22 | If, during any taxable year ending on or after December 31, | ||||||
| 23 | 1986, the
tax imposed by subsections (c) and (d) of this | ||||||
| 24 | Section for which a taxpayer
has claimed a credit under this | ||||||
| 25 | subsection (i) is reduced, the amount of
credit for such tax | ||||||
| 26 | shall also be reduced. Such reduction shall be
determined by | ||||||
| |||||||
| |||||||
| 1 | recomputing the credit to take into account the reduced tax
| ||||||
| 2 | imposed by subsections (c) and (d). If any portion of the
| ||||||
| 3 | reduced amount of credit has been carried to a different | ||||||
| 4 | taxable year, an
amended return shall be filed for such taxable | ||||||
| 5 | year to reduce the amount of
credit claimed. | ||||||
| 6 | (j) Training expense credit. Beginning with tax years | ||||||
| 7 | ending on or
after December 31, 1986 and prior to December 31, | ||||||
| 8 | 2003, a taxpayer shall be
allowed a credit against the
tax | ||||||
| 9 | imposed by subsections (a) and (b) under this Section
for all | ||||||
| 10 | amounts paid or accrued, on behalf of all persons
employed by | ||||||
| 11 | the taxpayer in Illinois or Illinois residents employed
outside | ||||||
| 12 | of Illinois by a taxpayer, for educational or vocational | ||||||
| 13 | training in
semi-technical or technical fields or semi-skilled | ||||||
| 14 | or skilled fields, which
were deducted from gross income in the | ||||||
| 15 | computation of taxable income. The
credit against the tax | ||||||
| 16 | imposed by subsections (a) and (b) shall be 1.6% of
such | ||||||
| 17 | training expenses. For partners, shareholders of subchapter S
| ||||||
| 18 | corporations, and owners of limited liability companies, if the | ||||||
| 19 | liability
company is treated as a partnership for purposes of | ||||||
| 20 | federal and State income
taxation, there shall be allowed a | ||||||
| 21 | credit under this subsection (j) to be
determined in accordance | ||||||
| 22 | with the determination of income and distributive
share of | ||||||
| 23 | income under Sections 702 and 704 and subchapter S of the | ||||||
| 24 | Internal
Revenue Code. | ||||||
| 25 | Any credit allowed under this subsection which is unused in | ||||||
| 26 | the year
the credit is earned may be carried forward to each of | ||||||
| |||||||
| |||||||
| 1 | the 5 taxable
years following the year for which the credit is | ||||||
| 2 | first computed until it is
used. This credit shall be applied | ||||||
| 3 | first to the earliest year for which
there is a liability. If | ||||||
| 4 | there is a credit under this subsection from more
than one tax | ||||||
| 5 | year that is available to offset a liability the earliest
| ||||||
| 6 | credit arising under this subsection shall be applied first. No | ||||||
| 7 | carryforward
credit may be claimed in any tax year ending on or | ||||||
| 8 | after
December 31, 2003. | ||||||
| 9 | (k) Research and development credit. For tax years ending | ||||||
| 10 | after July 1, 1990 and prior to
December 31, 2003, and | ||||||
| 11 | beginning again for tax years ending on or after December 31, | ||||||
| 12 | 2004, and ending prior to January 1, 2016, a taxpayer shall be
| ||||||
| 13 | allowed a credit against the tax imposed by subsections (a) and | ||||||
| 14 | (b) of this
Section for increasing research activities in this | ||||||
| 15 | State. The credit
allowed against the tax imposed by | ||||||
| 16 | subsections (a) and (b) shall be equal
to 6 1/2% of the | ||||||
| 17 | qualifying expenditures for increasing research activities
in | ||||||
| 18 | this State. For partners, shareholders of subchapter S | ||||||
| 19 | corporations, and
owners of limited liability companies, if the | ||||||
| 20 | liability company is treated as a
partnership for purposes of | ||||||
| 21 | federal and State income taxation, there shall be
allowed a | ||||||
| 22 | credit under this subsection to be determined in accordance | ||||||
| 23 | with the
determination of income and distributive share of | ||||||
| 24 | income under Sections 702 and
704 and subchapter S of the | ||||||
| 25 | Internal Revenue Code. | ||||||
| 26 | For purposes of this subsection, "qualifying expenditures" | ||||||
| |||||||
| |||||||
| 1 | means the
qualifying expenditures as defined for the federal | ||||||
| 2 | credit for increasing
research activities which would be | ||||||
| 3 | allowable under Section 41 of the
Internal Revenue Code and | ||||||
| 4 | which are conducted in this State, "qualifying
expenditures for | ||||||
| 5 | increasing research activities in this State" means the
excess | ||||||
| 6 | of qualifying expenditures for the taxable year in which | ||||||
| 7 | incurred
over qualifying expenditures for the base period, | ||||||
| 8 | "qualifying expenditures
for the base period" means the average | ||||||
| 9 | of the qualifying expenditures for
each year in the base | ||||||
| 10 | period, and "base period" means the 3 taxable years
immediately | ||||||
| 11 | preceding the taxable year for which the determination is
being | ||||||
| 12 | made. | ||||||
| 13 | Any credit in excess of the tax liability for the taxable | ||||||
| 14 | year
may be carried forward. A taxpayer may elect to have the
| ||||||
| 15 | unused credit shown on its final completed return carried over | ||||||
| 16 | as a credit
against the tax liability for the following 5 | ||||||
| 17 | taxable years or until it has
been fully used, whichever occurs | ||||||
| 18 | first; provided that no credit earned in a tax year ending | ||||||
| 19 | prior to December 31, 2003 may be carried forward to any year | ||||||
| 20 | ending on or after December 31, 2003. | ||||||
| 21 | If an unused credit is carried forward to a given year from | ||||||
| 22 | 2 or more
earlier years, that credit arising in the earliest | ||||||
| 23 | year will be applied
first against the tax liability for the | ||||||
| 24 | given year. If a tax liability for
the given year still | ||||||
| 25 | remains, the credit from the next earliest year will
then be | ||||||
| 26 | applied, and so on, until all credits have been used or no tax
| ||||||
| |||||||
| |||||||
| 1 | liability for the given year remains. Any remaining unused | ||||||
| 2 | credit or
credits then will be carried forward to the next | ||||||
| 3 | following year in which a
tax liability is incurred, except | ||||||
| 4 | that no credit can be carried forward to
a year which is more | ||||||
| 5 | than 5 years after the year in which the expense for
which the | ||||||
| 6 | credit is given was incurred. | ||||||
| 7 | No inference shall be drawn from this amendatory Act of the | ||||||
| 8 | 91st General
Assembly in construing this Section for taxable | ||||||
| 9 | years beginning before January
1, 1999. | ||||||
| 10 | (l) Environmental Remediation Tax Credit. | ||||||
| 11 | (i) For tax years ending after December 31, 1997 and on | ||||||
| 12 | or before
December 31, 2001, a taxpayer shall be allowed a | ||||||
| 13 | credit against the tax
imposed by subsections (a) and (b) | ||||||
| 14 | of this Section for certain amounts paid
for unreimbursed | ||||||
| 15 | eligible remediation costs, as specified in this | ||||||
| 16 | subsection.
For purposes of this Section, "unreimbursed | ||||||
| 17 | eligible remediation costs" means
costs approved by the | ||||||
| 18 | Illinois Environmental Protection Agency ("Agency") under
| ||||||
| 19 | Section 58.14 of the Environmental Protection Act that were | ||||||
| 20 | paid in performing
environmental remediation at a site for | ||||||
| 21 | which a No Further Remediation Letter
was issued by the | ||||||
| 22 | Agency and recorded under Section 58.10 of the | ||||||
| 23 | Environmental
Protection Act. The credit must be claimed | ||||||
| 24 | for the taxable year in which
Agency approval of the | ||||||
| 25 | eligible remediation costs is granted. The credit is
not | ||||||
| 26 | available to any taxpayer if the taxpayer or any related | ||||||
| |||||||
| |||||||
| 1 | party caused or
contributed to, in any material respect, a | ||||||
| 2 | release of regulated substances on,
in, or under the site | ||||||
| 3 | that was identified and addressed by the remedial
action | ||||||
| 4 | pursuant to the Site Remediation Program of the | ||||||
| 5 | Environmental Protection
Act. After the Pollution Control | ||||||
| 6 | Board rules are adopted pursuant to the
Illinois | ||||||
| 7 | Administrative Procedure Act for the administration and | ||||||
| 8 | enforcement of
Section 58.9 of the Environmental | ||||||
| 9 | Protection Act, determinations as to credit
availability | ||||||
| 10 | for purposes of this Section shall be made consistent with | ||||||
| 11 | those
rules. For purposes of this Section, "taxpayer" | ||||||
| 12 | includes a person whose tax
attributes the taxpayer has | ||||||
| 13 | succeeded to under Section 381 of the Internal
Revenue Code | ||||||
| 14 | and "related party" includes the persons disallowed a | ||||||
| 15 | deduction
for losses by paragraphs (b), (c), and (f)(1) of | ||||||
| 16 | Section 267 of the Internal
Revenue Code by virtue of being | ||||||
| 17 | a related taxpayer, as well as any of its
partners. The | ||||||
| 18 | credit allowed against the tax imposed by subsections (a) | ||||||
| 19 | and
(b) shall be equal to 25% of the unreimbursed eligible | ||||||
| 20 | remediation costs in
excess of $100,000 per site, except | ||||||
| 21 | that the $100,000 threshold shall not apply
to any site | ||||||
| 22 | contained in an enterprise zone as determined by the | ||||||
| 23 | Department of
Commerce and Community Affairs (now | ||||||
| 24 | Department of Commerce and Economic Opportunity). The | ||||||
| 25 | total credit allowed shall not exceed
$40,000 per year with | ||||||
| 26 | a maximum total of $150,000 per site. For partners and
| ||||||
| |||||||
| |||||||
| 1 | shareholders of subchapter S corporations, there shall be | ||||||
| 2 | allowed a credit
under this subsection to be determined in | ||||||
| 3 | accordance with the determination of
income and | ||||||
| 4 | distributive share of income under Sections 702 and 704 and
| ||||||
| 5 | subchapter S of the Internal Revenue Code. | ||||||
| 6 | (ii) A credit allowed under this subsection that is | ||||||
| 7 | unused in the year
the credit is earned may be carried | ||||||
| 8 | forward to each of the 5 taxable years
following the year | ||||||
| 9 | for which the credit is first earned until it is used.
The | ||||||
| 10 | term "unused credit" does not include any amounts of | ||||||
| 11 | unreimbursed eligible
remediation costs in excess of the | ||||||
| 12 | maximum credit per site authorized under
paragraph (i). | ||||||
| 13 | This credit shall be applied first to the earliest year
for | ||||||
| 14 | which there is a liability. If there is a credit under this | ||||||
| 15 | subsection
from more than one tax year that is available to | ||||||
| 16 | offset a liability, the
earliest credit arising under this | ||||||
| 17 | subsection shall be applied first. A
credit allowed under | ||||||
| 18 | this subsection may be sold to a buyer as part of a sale
of | ||||||
| 19 | all or part of the remediation site for which the credit | ||||||
| 20 | was granted. The
purchaser of a remediation site and the | ||||||
| 21 | tax credit shall succeed to the unused
credit and remaining | ||||||
| 22 | carry-forward period of the seller. To perfect the
| ||||||
| 23 | transfer, the assignor shall record the transfer in the | ||||||
| 24 | chain of title for the
site and provide written notice to | ||||||
| 25 | the Director of the Illinois Department of
Revenue of the | ||||||
| 26 | assignor's intent to sell the remediation site and the | ||||||
| |||||||
| |||||||
| 1 | amount of
the tax credit to be transferred as a portion of | ||||||
| 2 | the sale. In no event may a
credit be transferred to any | ||||||
| 3 | taxpayer if the taxpayer or a related party would
not be | ||||||
| 4 | eligible under the provisions of subsection (i). | ||||||
| 5 | (iii) For purposes of this Section, the term "site" | ||||||
| 6 | shall have the same
meaning as under Section 58.2 of the | ||||||
| 7 | Environmental Protection Act. | ||||||
| 8 | (m) Education expense credit. Beginning with tax years | ||||||
| 9 | ending after
December 31, 1999, a taxpayer who
is the custodian | ||||||
| 10 | of one or more qualifying pupils shall be allowed a credit
| ||||||
| 11 | against the tax imposed by subsections (a) and (b) of this | ||||||
| 12 | Section for
qualified education expenses incurred on behalf of | ||||||
| 13 | the qualifying pupils.
The credit shall be equal to 25% of | ||||||
| 14 | qualified education expenses, but in no
event may the total | ||||||
| 15 | credit under this subsection claimed by a
family that is the
| ||||||
| 16 | custodian of qualifying pupils exceed $500. In no event shall a | ||||||
| 17 | credit under
this subsection reduce the taxpayer's liability | ||||||
| 18 | under this Act to less than
zero. This subsection is exempt | ||||||
| 19 | from the provisions of Section 250 of this
Act. | ||||||
| 20 | For purposes of this subsection: | ||||||
| 21 | "Qualifying pupils" means individuals who (i) are | ||||||
| 22 | residents of the State of
Illinois, (ii) are under the age of | ||||||
| 23 | 21 at the close of the school year for
which a credit is | ||||||
| 24 | sought, and (iii) during the school year for which a credit
is | ||||||
| 25 | sought were full-time pupils enrolled in a kindergarten through | ||||||
| 26 | twelfth
grade education program at any school, as defined in | ||||||
| |||||||
| |||||||
| 1 | this subsection. | ||||||
| 2 | "Qualified education expense" means the amount incurred
on | ||||||
| 3 | behalf of a qualifying pupil in excess of $250 for tuition, | ||||||
| 4 | book fees, and
lab fees at the school in which the pupil is | ||||||
| 5 | enrolled during the regular school
year. | ||||||
| 6 | "School" means any public or nonpublic elementary or | ||||||
| 7 | secondary school in
Illinois that is in compliance with Title | ||||||
| 8 | VI of the Civil Rights Act of 1964
and attendance at which | ||||||
| 9 | satisfies the requirements of Section 26-1 of the
School Code, | ||||||
| 10 | except that nothing shall be construed to require a child to
| ||||||
| 11 | attend any particular public or nonpublic school to qualify for | ||||||
| 12 | the credit
under this Section. | ||||||
| 13 | "Custodian" means, with respect to qualifying pupils, an | ||||||
| 14 | Illinois resident
who is a parent, the parents, a legal | ||||||
| 15 | guardian, or the legal guardians of the
qualifying pupils. | ||||||
| 16 | (n) River Edge Redevelopment Zone site remediation tax | ||||||
| 17 | credit.
| ||||||
| 18 | (i) For tax years ending on or after December 31, 2006, | ||||||
| 19 | a taxpayer shall be allowed a credit against the tax | ||||||
| 20 | imposed by subsections (a) and (b) of this Section for | ||||||
| 21 | certain amounts paid for unreimbursed eligible remediation | ||||||
| 22 | costs, as specified in this subsection. For purposes of | ||||||
| 23 | this Section, "unreimbursed eligible remediation costs" | ||||||
| 24 | means costs approved by the Illinois Environmental | ||||||
| 25 | Protection Agency ("Agency") under Section 58.14a of the | ||||||
| 26 | Environmental Protection Act that were paid in performing | ||||||
| |||||||
| |||||||
| 1 | environmental remediation at a site within a River Edge | ||||||
| 2 | Redevelopment Zone for which a No Further Remediation | ||||||
| 3 | Letter was issued by the Agency and recorded under Section | ||||||
| 4 | 58.10 of the Environmental Protection Act. The credit must | ||||||
| 5 | be claimed for the taxable year in which Agency approval of | ||||||
| 6 | the eligible remediation costs is granted. The credit is | ||||||
| 7 | not available to any taxpayer if the taxpayer or any | ||||||
| 8 | related party caused or contributed to, in any material | ||||||
| 9 | respect, a release of regulated substances on, in, or under | ||||||
| 10 | the site that was identified and addressed by the remedial | ||||||
| 11 | action pursuant to the Site Remediation Program of the | ||||||
| 12 | Environmental Protection Act. Determinations as to credit | ||||||
| 13 | availability for purposes of this Section shall be made | ||||||
| 14 | consistent with rules adopted by the Pollution Control | ||||||
| 15 | Board pursuant to the Illinois Administrative Procedure | ||||||
| 16 | Act for the administration and enforcement of Section 58.9 | ||||||
| 17 | of the Environmental Protection Act. For purposes of this | ||||||
| 18 | Section, "taxpayer" includes a person whose tax attributes | ||||||
| 19 | the taxpayer has succeeded to under Section 381 of the | ||||||
| 20 | Internal Revenue Code and "related party" includes the | ||||||
| 21 | persons disallowed a deduction for losses by paragraphs | ||||||
| 22 | (b), (c), and (f)(1) of Section 267 of the Internal Revenue | ||||||
| 23 | Code by virtue of being a related taxpayer, as well as any | ||||||
| 24 | of its partners. The credit allowed against the tax imposed | ||||||
| 25 | by subsections (a) and (b) shall be equal to 25% of the | ||||||
| 26 | unreimbursed eligible remediation costs in excess of | ||||||
| |||||||
| |||||||
| 1 | $100,000 per site. | ||||||
| 2 | (ii) A credit allowed under this subsection that is | ||||||
| 3 | unused in the year the credit is earned may be carried | ||||||
| 4 | forward to each of the 5 taxable years following the year | ||||||
| 5 | for which the credit is first earned until it is used. This | ||||||
| 6 | credit shall be applied first to the earliest year for | ||||||
| 7 | which there is a liability. If there is a credit under this | ||||||
| 8 | subsection from more than one tax year that is available to | ||||||
| 9 | offset a liability, the earliest credit arising under this | ||||||
| 10 | subsection shall be applied first. A credit allowed under | ||||||
| 11 | this subsection may be sold to a buyer as part of a sale of | ||||||
| 12 | all or part of the remediation site for which the credit | ||||||
| 13 | was granted. The purchaser of a remediation site and the | ||||||
| 14 | tax credit shall succeed to the unused credit and remaining | ||||||
| 15 | carry-forward period of the seller. To perfect the | ||||||
| 16 | transfer, the assignor shall record the transfer in the | ||||||
| 17 | chain of title for the site and provide written notice to | ||||||
| 18 | the Director of the Illinois Department of Revenue of the | ||||||
| 19 | assignor's intent to sell the remediation site and the | ||||||
| 20 | amount of the tax credit to be transferred as a portion of | ||||||
| 21 | the sale. In no event may a credit be transferred to any | ||||||
| 22 | taxpayer if the taxpayer or a related party would not be | ||||||
| 23 | eligible under the provisions of subsection (i). | ||||||
| 24 | (iii) For purposes of this Section, the term "site" | ||||||
| 25 | shall have the same meaning as under Section 58.2 of the | ||||||
| 26 | Environmental Protection Act. | ||||||
| |||||||
| |||||||
| 1 | (o) For each of taxable years during the Compassionate Use | ||||||
| 2 | of Medical Cannabis Pilot Program, a surcharge is imposed on | ||||||
| 3 | all taxpayers on income arising from the sale or exchange of | ||||||
| 4 | capital assets, depreciable business property, real property | ||||||
| 5 | used in the trade or business, and Section 197 intangibles of | ||||||
| 6 | an organization registrant under the Compassionate Use of | ||||||
| 7 | Medical Cannabis Pilot Program Act. The amount of the surcharge | ||||||
| 8 | is equal to the amount of federal income tax liability for the | ||||||
| 9 | taxable year attributable to those sales and exchanges. The | ||||||
| 10 | surcharge imposed does not apply if: | ||||||
| 11 | (1) the medical cannabis cultivation center | ||||||
| 12 | registration, medical cannabis dispensary registration, or | ||||||
| 13 | the property of a registration is transferred as a result | ||||||
| 14 | of any of the following: | ||||||
| 15 | (A) bankruptcy, a receivership, or a debt | ||||||
| 16 | adjustment initiated by or against the initial | ||||||
| 17 | registration or the substantial owners of the initial | ||||||
| 18 | registration; | ||||||
| 19 | (B) cancellation, revocation, or termination of | ||||||
| 20 | any registration by the Illinois Department of Public | ||||||
| 21 | Health; | ||||||
| 22 | (C) a determination by the Illinois Department of | ||||||
| 23 | Public Health that transfer of the registration is in | ||||||
| 24 | the best interests of Illinois qualifying patients as | ||||||
| 25 | defined by the Compassionate Use of Medical Cannabis | ||||||
| 26 | Pilot Program Act; | ||||||
| |||||||
| |||||||
| 1 | (D) the death of an owner of the equity interest in | ||||||
| 2 | a registrant; | ||||||
| 3 | (E) the acquisition of a controlling interest in | ||||||
| 4 | the stock or substantially all of the assets of a | ||||||
| 5 | publicly traded company; | ||||||
| 6 | (F) a transfer by a parent company to a wholly | ||||||
| 7 | owned subsidiary; or | ||||||
| 8 | (G) the transfer or sale to or by one person to | ||||||
| 9 | another person where both persons were initial owners | ||||||
| 10 | of the registration when the registration was issued; | ||||||
| 11 | or | ||||||
| 12 | (2) the cannabis cultivation center registration, | ||||||
| 13 | medical cannabis dispensary registration, or the | ||||||
| 14 | controlling interest in a registrant's property is | ||||||
| 15 | transferred in a transaction to lineal descendants in which | ||||||
| 16 | no gain or loss is recognized or as a result of a | ||||||
| 17 | transaction in accordance with Section 351 of the Internal | ||||||
| 18 | Revenue Code in which no gain or loss is recognized. | ||||||
| 19 | (Source: P.A. 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905, | ||||||
| 20 | eff. 8-7-12; 98-109, eff. 7-25-13; 98-122, eff. 1-1-14; 98-756, | ||||||
| 21 | eff. 7-16-14.)
| ||||||
| 22 | (35 ILCS 5/303) (from Ch. 120, par. 3-303)
| ||||||
| 23 | Sec. 303. (a) In general. Any item of capital gain or loss, | ||||||
| 24 | and any
item of income from rents or royalties from real or | ||||||
| 25 | tangible personal
property, interest, dividends, and patent or | ||||||
| |||||||
| |||||||
| 1 | copyright royalties, and prizes
awarded under the Illinois | ||||||
| 2 | Lottery Law, and, for taxable years ending on or after December | ||||||
| 3 | 31, 2017, wagering and gambling winnings from Illinois sources | ||||||
| 4 | as set forth in subsection (e-1) of this Section, to the extent | ||||||
| 5 | such item constitutes
nonbusiness income, together with any | ||||||
| 6 | item of deduction directly allocable
thereto, shall be | ||||||
| 7 | allocated by any person other than a resident as provided
in | ||||||
| 8 | this Section.
| ||||||
| 9 | (b) Capital gains and losses. | ||||||
| 10 | (1) Real property. Capital gains and
losses from sales | ||||||
| 11 | or exchanges of real property are allocable to this State
| ||||||
| 12 | if the property is located in this State.
| ||||||
| 13 | (2) Tangible personal property. Capital gains and | ||||||
| 14 | losses from sales
or exchanges of tangible personal | ||||||
| 15 | property are allocable to this State if,
at the time of | ||||||
| 16 | such sale or exchange:
| ||||||
| 17 | (A) The property had its situs in this State; or
| ||||||
| 18 | (B) The taxpayer had its commercial domicile in | ||||||
| 19 | this State and was not
taxable in the state in which | ||||||
| 20 | the property had its situs.
| ||||||
| 21 | (3) Intangibles. Capital gains and losses from sales or | ||||||
| 22 | exchanges of
intangible personal property are allocable to | ||||||
| 23 | this State if the taxpayer
had its commercial domicile in | ||||||
| 24 | this State at the time of such sale or
exchange.
| ||||||
| 25 | (c) Rents and royalties. | ||||||
| 26 | (1) Real property. Rents and royalties
from real | ||||||
| |||||||
| |||||||
| 1 | property are allocable to this State if the property is | ||||||
| 2 | located
in this State.
| ||||||
| 3 | (2) Tangible personal property. Rents and royalties | ||||||
| 4 | from tangible
personal property are allocable to this | ||||||
| 5 | State:
| ||||||
| 6 | (A) If and to the extent that the property is | ||||||
| 7 | utilized in this State; or
| ||||||
| 8 | (B) In their entirety if, at the time such rents or | ||||||
| 9 | royalties were paid
or accrued, the taxpayer had its | ||||||
| 10 | commercial domicile in this State and was
not organized | ||||||
| 11 | under the laws of or taxable with respect to such rents | ||||||
| 12 | or
royalties in the state in which the property was | ||||||
| 13 | utilized.
The extent of utilization of tangible | ||||||
| 14 | personal property in a state is
determined by | ||||||
| 15 | multiplying the rents or royalties derived from such | ||||||
| 16 | property
by a fraction, the numerator of which is the | ||||||
| 17 | number of days of physical
location of the property in | ||||||
| 18 | the state during the rental or royalty period
in the | ||||||
| 19 | taxable year and the denominator of which is the number | ||||||
| 20 | of days of
physical location of the property everywhere | ||||||
| 21 | during all rental or royalty
periods in the taxable | ||||||
| 22 | year. If the physical location of the property
during | ||||||
| 23 | the rental or royalty period is unknown or | ||||||
| 24 | unascertainable by the
taxpayer, tangible personal | ||||||
| 25 | property is utilized in the state in which the
property | ||||||
| 26 | was located at the time the rental or royalty payer | ||||||
| |||||||
| |||||||
| 1 | obtained
possession.
| ||||||
| 2 | (d) Patent and copyright royalties.
| ||||||
| 3 | (1) Allocation. Patent and copyright royalties are | ||||||
| 4 | allocable to this
State:
| ||||||
| 5 | (A) If and to the extent that the patent or | ||||||
| 6 | copyright is utilized by the
payer in this State; or
| ||||||
| 7 | (B) If and to the extent that the patent or | ||||||
| 8 | copyright is utilized by the
payer in a state in which | ||||||
| 9 | the taxpayer is not taxable with respect to such
| ||||||
| 10 | royalties and, at the time such royalties were paid or | ||||||
| 11 | accrued, the
taxpayer had its commercial domicile in | ||||||
| 12 | this State.
| ||||||
| 13 | (2) Utilization.
| ||||||
| 14 | (A) A patent is utilized in a state to the extent | ||||||
| 15 | that it is employed in
production, fabrication, | ||||||
| 16 | manufacturing or other processing in the state or
to | ||||||
| 17 | the extent that a patented product is produced in the | ||||||
| 18 | state. If the
basis of receipts from patent royalties | ||||||
| 19 | does not permit allocation to
states or if the | ||||||
| 20 | accounting procedures do not reflect states of
| ||||||
| 21 | utilization, the patent is utilized in this State if | ||||||
| 22 | the taxpayer has its
commercial domicile in this State.
| ||||||
| 23 | (B) A copyright is utilized in a state to the | ||||||
| 24 | extent that printing or
other publication originates | ||||||
| 25 | in the state. If the basis of receipts from
copyright | ||||||
| 26 | royalties does not permit allocation to states or if | ||||||
| |||||||
| |||||||
| 1 | the
accounting procedures do not reflect states of | ||||||
| 2 | utilization, the copyright
is utilized in this State if | ||||||
| 3 | the taxpayer has its commercial domicile in
this State.
| ||||||
| 4 | (e) Illinois lottery prizes. Prizes awarded under the | ||||||
| 5 | Illinois Lottery Law are allocable to this State. Payments | ||||||
| 6 | received in taxable years ending on or after December 31, 2013, | ||||||
| 7 | from the assignment of a prize under Section 13.1 of the | ||||||
| 8 | Illinois Lottery Law are allocable to this State.
| ||||||
| 9 | (e-1) Wagering and gambling winnings. Payments received in | ||||||
| 10 | taxable years ending on or after December 31, 2017 of winnings | ||||||
| 11 | from pari-mutuel wagering conducted at a wagering facility | ||||||
| 12 | licensed under the Illinois Horse Racing Act of 1975 and from | ||||||
| 13 | gambling games conducted on a riverboat or in a casino or | ||||||
| 14 | electronic gaming facility licensed under the Illinois | ||||||
| 15 | Gambling Act are allocable to this State. | ||||||
| 16 | (e-5) Unemployment benefits. Unemployment benefits paid by | ||||||
| 17 | the Illinois Department of Employment Security are allocable to | ||||||
| 18 | this State. | ||||||
| 19 | (f) Taxability in other state. For purposes of allocation | ||||||
| 20 | of income
pursuant to this Section, a taxpayer is taxable in | ||||||
| 21 | another state if:
| ||||||
| 22 | (1) In that state he is subject to a net income tax, a | ||||||
| 23 | franchise tax
measured by net income, a franchise tax for | ||||||
| 24 | the privilege of doing
business, or a corporate stock tax; | ||||||
| 25 | or
| ||||||
| 26 | (2) That state has jurisdiction to subject the taxpayer | ||||||
| |||||||
| |||||||
| 1 | to a net income
tax regardless of whether, in fact, the | ||||||
| 2 | state does or does not.
| ||||||
| 3 | (g) Cross references. | ||||||
| 4 | (1) For allocation of interest and dividends by
persons | ||||||
| 5 | other than residents, see Section 301(c)(2).
| ||||||
| 6 | (2) For allocation of nonbusiness income by residents, | ||||||
| 7 | see Section
301(a).
| ||||||
| 8 | (Source: P.A. 97-709, eff. 7-1-12; 98-496, eff. 1-1-14.)
| ||||||
| 9 | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
| ||||||
| 10 | Sec. 304. Business income of persons other than residents.
| ||||||
| 11 | (a) In general. The business income of a person other than | ||||||
| 12 | a
resident shall be allocated to this State if such person's | ||||||
| 13 | business
income is derived solely from this State. If a person | ||||||
| 14 | other than a
resident derives business income from this State | ||||||
| 15 | and one or more other
states, then, for tax years ending on or | ||||||
| 16 | before December 30, 1998, and
except as otherwise provided by | ||||||
| 17 | this Section, such
person's business income shall be | ||||||
| 18 | apportioned to this State by
multiplying the income by a | ||||||
| 19 | fraction, the numerator of which is the sum
of the property | ||||||
| 20 | factor (if any), the payroll factor (if any) and 200% of the
| ||||||
| 21 | sales factor (if any), and the denominator of which is 4 | ||||||
| 22 | reduced by the
number of factors other than the sales factor | ||||||
| 23 | which have a denominator
of zero and by an additional 2 if the | ||||||
| 24 | sales factor has a denominator of zero.
For tax years ending on | ||||||
| 25 | or after December 31, 1998, and except as otherwise
provided by | ||||||
| |||||||
| |||||||
| 1 | this Section, persons other than
residents who derive business | ||||||
| 2 | income from this State and one or more other
states shall | ||||||
| 3 | compute their apportionment factor by weighting their | ||||||
| 4 | property,
payroll, and sales factors as provided in
subsection | ||||||
| 5 | (h) of this Section.
| ||||||
| 6 | (1) Property factor.
| ||||||
| 7 | (A) The property factor is a fraction, the numerator of | ||||||
| 8 | which is the
average value of the person's real and | ||||||
| 9 | tangible personal property owned
or rented and used in the | ||||||
| 10 | trade or business in this State during the
taxable year and | ||||||
| 11 | the denominator of which is the average value of all
the | ||||||
| 12 | person's real and tangible personal property owned or | ||||||
| 13 | rented and
used in the trade or business during the taxable | ||||||
| 14 | year.
| ||||||
| 15 | (B) Property owned by the person is valued at its | ||||||
| 16 | original cost.
Property rented by the person is valued at 8 | ||||||
| 17 | times the net annual rental
rate. Net annual rental rate is | ||||||
| 18 | the annual rental rate paid by the
person less any annual | ||||||
| 19 | rental rate received by the person from
sub-rentals.
| ||||||
| 20 | (C) The average value of property shall be determined | ||||||
| 21 | by averaging
the values at the beginning and ending of the | ||||||
| 22 | taxable year but the
Director may require the averaging of | ||||||
| 23 | monthly values during the taxable
year if reasonably | ||||||
| 24 | required to reflect properly the average value of the
| ||||||
| 25 | person's property.
| ||||||
| 26 | (2) Payroll factor.
| ||||||
| |||||||
| |||||||
| 1 | (A) The payroll factor is a fraction, the numerator of | ||||||
| 2 | which is the
total amount paid in this State during the | ||||||
| 3 | taxable year by the person
for compensation, and the | ||||||
| 4 | denominator of which is the total compensation
paid | ||||||
| 5 | everywhere during the taxable year.
| ||||||
| 6 | (B) Compensation is paid in this State if:
| ||||||
| 7 | (i) The individual's service is performed entirely | ||||||
| 8 | within this
State;
| ||||||
| 9 | (ii) The individual's service is performed both | ||||||
| 10 | within and without
this State, but the service | ||||||
| 11 | performed without this State is incidental
to the | ||||||
| 12 | individual's service performed within this State; or
| ||||||
| 13 | (iii) Some of the service is performed within this | ||||||
| 14 | State and either
the base of operations, or if there is | ||||||
| 15 | no base of operations, the place
from which the service | ||||||
| 16 | is directed or controlled is within this State,
or the | ||||||
| 17 | base of operations or the place from which the service | ||||||
| 18 | is
directed or controlled is not in any state in which | ||||||
| 19 | some part of the
service is performed, but the | ||||||
| 20 | individual's residence is in this State.
| ||||||
| 21 | (iv) Compensation paid to nonresident professional | ||||||
| 22 | athletes. | ||||||
| 23 | (a) General. The Illinois source income of a | ||||||
| 24 | nonresident individual who is a member of a | ||||||
| 25 | professional athletic team includes the portion of the | ||||||
| 26 | individual's total compensation for services performed | ||||||
| |||||||
| |||||||
| 1 | as a member of a professional athletic team during the | ||||||
| 2 | taxable year which the number of duty days spent within | ||||||
| 3 | this State performing services for the team in any | ||||||
| 4 | manner during the taxable year bears to the total | ||||||
| 5 | number of duty days spent both within and without this | ||||||
| 6 | State during the taxable year. | ||||||
| 7 | (b) Travel days. Travel days that do not involve | ||||||
| 8 | either a game, practice, team meeting, or other similar | ||||||
| 9 | team event are not considered duty days spent in this | ||||||
| 10 | State. However, such travel days are considered in the | ||||||
| 11 | total duty days spent both within and without this | ||||||
| 12 | State. | ||||||
| 13 | (c) Definitions. For purposes of this subpart | ||||||
| 14 | (iv): | ||||||
| 15 | (1) The term "professional athletic team" | ||||||
| 16 | includes, but is not limited to, any professional | ||||||
| 17 | baseball, basketball, football, soccer, or hockey | ||||||
| 18 | team. | ||||||
| 19 | (2) The term "member of a professional | ||||||
| 20 | athletic team" includes those employees who are | ||||||
| 21 | active players, players on the disabled list, and | ||||||
| 22 | any other persons required to travel and who travel | ||||||
| 23 | with and perform services on behalf of a | ||||||
| 24 | professional athletic team on a regular basis. | ||||||
| 25 | This includes, but is not limited to, coaches, | ||||||
| 26 | managers, and trainers. | ||||||
| |||||||
| |||||||
| 1 | (3) Except as provided in items (C) and (D) of | ||||||
| 2 | this subpart (3), the term "duty days" means all | ||||||
| 3 | days during the taxable year from the beginning of | ||||||
| 4 | the professional athletic team's official | ||||||
| 5 | pre-season training period through the last game | ||||||
| 6 | in which the team competes or is scheduled to | ||||||
| 7 | compete. Duty days shall be counted for the year in | ||||||
| 8 | which they occur, including where a team's | ||||||
| 9 | official pre-season training period through the | ||||||
| 10 | last game in which the team competes or is | ||||||
| 11 | scheduled to compete, occurs during more than one | ||||||
| 12 | tax year. | ||||||
| 13 | (A) Duty days shall also include days on | ||||||
| 14 | which a member of a professional athletic team | ||||||
| 15 | performs service for a team on a date that does | ||||||
| 16 | not fall within the foregoing period (e.g., | ||||||
| 17 | participation in instructional leagues, the | ||||||
| 18 | "All Star Game", or promotional "caravans"). | ||||||
| 19 | Performing a service for a professional | ||||||
| 20 | athletic team includes conducting training and | ||||||
| 21 | rehabilitation activities, when such | ||||||
| 22 | activities are conducted at team facilities. | ||||||
| 23 | (B) Also included in duty days are game | ||||||
| 24 | days, practice days, days spent at team | ||||||
| 25 | meetings, promotional caravans, preseason | ||||||
| 26 | training camps, and days served with the team | ||||||
| |||||||
| |||||||
| 1 | through all post-season games in which the team | ||||||
| 2 | competes or is scheduled to compete. | ||||||
| 3 | (C) Duty days for any person who joins a | ||||||
| 4 | team during the period from the beginning of | ||||||
| 5 | the professional athletic team's official | ||||||
| 6 | pre-season training period through the last | ||||||
| 7 | game in which the team competes, or is | ||||||
| 8 | scheduled to compete, shall begin on the day | ||||||
| 9 | that person joins the team. Conversely, duty | ||||||
| 10 | days for any person who leaves a team during | ||||||
| 11 | this period shall end on the day that person | ||||||
| 12 | leaves the team. Where a person switches teams | ||||||
| 13 | during a taxable year, a separate duty-day | ||||||
| 14 | calculation shall be made for the period the | ||||||
| 15 | person was with each team. | ||||||
| 16 | (D) Days for which a member of a | ||||||
| 17 | professional athletic team is not compensated | ||||||
| 18 | and is not performing services for the team in | ||||||
| 19 | any manner, including days when such member of | ||||||
| 20 | a professional athletic team has been | ||||||
| 21 | suspended without pay and prohibited from | ||||||
| 22 | performing any services for the team, shall not | ||||||
| 23 | be treated as duty days. | ||||||
| 24 | (E) Days for which a member of a | ||||||
| 25 | professional athletic team is on the disabled | ||||||
| 26 | list and does not conduct rehabilitation | ||||||
| |||||||
| |||||||
| 1 | activities at facilities of the team, and is | ||||||
| 2 | not otherwise performing services for the team | ||||||
| 3 | in Illinois, shall not be considered duty days | ||||||
| 4 | spent in this State. All days on the disabled | ||||||
| 5 | list, however, are considered to be included in | ||||||
| 6 | total duty days spent both within and without | ||||||
| 7 | this State. | ||||||
| 8 | (4) The term "total compensation for services | ||||||
| 9 | performed as a member of a professional athletic | ||||||
| 10 | team" means the total compensation received during | ||||||
| 11 | the taxable year for services performed: | ||||||
| 12 | (A) from the beginning of the official | ||||||
| 13 | pre-season training period through the last | ||||||
| 14 | game in which the team competes or is scheduled | ||||||
| 15 | to compete during that taxable year; and | ||||||
| 16 | (B) during the taxable year on a date which | ||||||
| 17 | does not fall within the foregoing period | ||||||
| 18 | (e.g., participation in instructional leagues, | ||||||
| 19 | the "All Star Game", or promotional caravans). | ||||||
| 20 | This compensation shall include, but is not | ||||||
| 21 | limited to, salaries, wages, bonuses as described | ||||||
| 22 | in this subpart, and any other type of compensation | ||||||
| 23 | paid during the taxable year to a member of a | ||||||
| 24 | professional athletic team for services performed | ||||||
| 25 | in that year. This compensation does not include | ||||||
| 26 | strike benefits, severance pay, termination pay, | ||||||
| |||||||
| |||||||
| 1 | contract or option year buy-out payments, | ||||||
| 2 | expansion or relocation payments, or any other | ||||||
| 3 | payments not related to services performed for the | ||||||
| 4 | team. | ||||||
| 5 | For purposes of this subparagraph, "bonuses" | ||||||
| 6 | included in "total compensation for services | ||||||
| 7 | performed as a member of a professional athletic | ||||||
| 8 | team" subject to the allocation described in | ||||||
| 9 | Section 302(c)(1) are: bonuses earned as a result | ||||||
| 10 | of play (i.e., performance bonuses) during the | ||||||
| 11 | season, including bonuses paid for championship, | ||||||
| 12 | playoff or "bowl" games played by a team, or for | ||||||
| 13 | selection to all-star league or other honorary | ||||||
| 14 | positions; and bonuses paid for signing a | ||||||
| 15 | contract, unless the payment of the signing bonus | ||||||
| 16 | is not conditional upon the signee playing any | ||||||
| 17 | games for the team or performing any subsequent | ||||||
| 18 | services for the team or even making the team, the | ||||||
| 19 | signing bonus is payable separately from the | ||||||
| 20 | salary and any other compensation, and the signing | ||||||
| 21 | bonus is nonrefundable.
| ||||||
| 22 | (3) Sales factor.
| ||||||
| 23 | (A) The sales factor is a fraction, the numerator of | ||||||
| 24 | which is the
total sales of the person in this State during | ||||||
| 25 | the taxable year, and the
denominator of which is the total | ||||||
| 26 | sales of the person everywhere during
the taxable year.
| ||||||
| |||||||
| |||||||
| 1 | (B) Sales of tangible personal property are in this | ||||||
| 2 | State if:
| ||||||
| 3 | (i) The property is delivered or shipped to a | ||||||
| 4 | purchaser, other than
the United States government, | ||||||
| 5 | within this State regardless of the f. o.
b. point or | ||||||
| 6 | other conditions of the sale; or
| ||||||
| 7 | (ii) The property is shipped from an office, store, | ||||||
| 8 | warehouse,
factory or other place of storage in this | ||||||
| 9 | State and either the purchaser
is the United States | ||||||
| 10 | government or the person is not taxable in the
state of | ||||||
| 11 | the purchaser; provided, however, that premises owned | ||||||
| 12 | or leased
by a person who has independently contracted | ||||||
| 13 | with the seller for the printing
of newspapers, | ||||||
| 14 | periodicals or books shall not be deemed to be an | ||||||
| 15 | office,
store, warehouse, factory or other place of | ||||||
| 16 | storage for purposes of this
Section.
Sales of tangible | ||||||
| 17 | personal property are not in this State if the
seller | ||||||
| 18 | and purchaser would be members of the same unitary | ||||||
| 19 | business group
but for the fact that either the seller | ||||||
| 20 | or purchaser is a person with 80%
or more of total | ||||||
| 21 | business activity outside of the United States and the
| ||||||
| 22 | property is purchased for resale.
| ||||||
| 23 | (B-1) Patents, copyrights, trademarks, and similar | ||||||
| 24 | items of intangible
personal property.
| ||||||
| 25 | (i) Gross receipts from the licensing, sale, or | ||||||
| 26 | other disposition of a
patent, copyright, trademark, | ||||||
| |||||||
| |||||||
| 1 | or similar item of intangible personal property, other | ||||||
| 2 | than gross receipts governed by paragraph (B-7) of this | ||||||
| 3 | item (3),
are in this State to the extent the item is | ||||||
| 4 | utilized in this State during the
year the gross | ||||||
| 5 | receipts are included in gross income.
| ||||||
| 6 | (ii) Place of utilization.
| ||||||
| 7 | (I) A patent is utilized in a state to the | ||||||
| 8 | extent that it is employed
in production, | ||||||
| 9 | fabrication, manufacturing, or other processing in | ||||||
| 10 | the state or
to the extent that a patented product | ||||||
| 11 | is produced in the state. If a patent is
utilized | ||||||
| 12 | in
more than one state, the extent to which it is | ||||||
| 13 | utilized in any one state shall
be a fraction equal | ||||||
| 14 | to the gross receipts of the licensee or purchaser | ||||||
| 15 | from
sales or leases of items produced, | ||||||
| 16 | fabricated, manufactured, or processed
within that | ||||||
| 17 | state using the patent and of patented items | ||||||
| 18 | produced within that
state, divided by the total of | ||||||
| 19 | such gross receipts for all states in which the
| ||||||
| 20 | patent is utilized.
| ||||||
| 21 | (II) A copyright is utilized in a state to the | ||||||
| 22 | extent that printing or
other publication | ||||||
| 23 | originates in the state. If a copyright is utilized | ||||||
| 24 | in more
than one state, the extent to which it is | ||||||
| 25 | utilized in any one state shall be a
fraction equal | ||||||
| 26 | to the gross receipts from sales or licenses of | ||||||
| |||||||
| |||||||
| 1 | materials
printed or published in that state | ||||||
| 2 | divided by the total of such gross receipts
for all | ||||||
| 3 | states in which the copyright is utilized.
| ||||||
| 4 | (III) Trademarks and other items of intangible | ||||||
| 5 | personal property
governed by this paragraph (B-1) | ||||||
| 6 | are utilized in the state in which the
commercial | ||||||
| 7 | domicile of the licensee or purchaser is located.
| ||||||
| 8 | (iii) If the state of utilization of an item of | ||||||
| 9 | property governed by
this paragraph (B-1) cannot be | ||||||
| 10 | determined from the taxpayer's books and
records or | ||||||
| 11 | from the books and records of any person related to the | ||||||
| 12 | taxpayer
within the meaning of Section 267(b) of the | ||||||
| 13 | Internal Revenue Code, 26 U.S.C.
267, the gross
| ||||||
| 14 | receipts attributable to that item shall be excluded | ||||||
| 15 | from both the numerator
and the denominator of the | ||||||
| 16 | sales factor.
| ||||||
| 17 | (B-2) Gross receipts from the license, sale, or other | ||||||
| 18 | disposition of
patents, copyrights, trademarks, and | ||||||
| 19 | similar items of intangible personal
property, other than | ||||||
| 20 | gross receipts governed by paragraph (B-7) of this item | ||||||
| 21 | (3), may be included in the numerator or denominator of the | ||||||
| 22 | sales factor
only if gross receipts from licenses, sales, | ||||||
| 23 | or other disposition of such items
comprise more than 50% | ||||||
| 24 | of the taxpayer's total gross receipts included in gross
| ||||||
| 25 | income during the tax year and during each of the 2 | ||||||
| 26 | immediately preceding tax
years; provided that, when a | ||||||
| |||||||
| |||||||
| 1 | taxpayer is a member of a unitary business group,
such | ||||||
| 2 | determination shall be made on the basis of the gross | ||||||
| 3 | receipts of the
entire unitary business group.
| ||||||
| 4 | (B-5) For taxable years ending on or after December 31, | ||||||
| 5 | 2008, except as provided in subsections (ii) through (vii), | ||||||
| 6 | receipts from the sale of telecommunications service or | ||||||
| 7 | mobile telecommunications service are in this State if the | ||||||
| 8 | customer's service address is in this State. | ||||||
| 9 | (i) For purposes of this subparagraph (B-5), the | ||||||
| 10 | following terms have the following meanings: | ||||||
| 11 | "Ancillary services" means services that are | ||||||
| 12 | associated with or incidental to the provision of | ||||||
| 13 | "telecommunications services", including but not | ||||||
| 14 | limited to "detailed telecommunications billing", | ||||||
| 15 | "directory assistance", "vertical service", and "voice | ||||||
| 16 | mail services". | ||||||
| 17 | "Air-to-Ground Radiotelephone service" means a | ||||||
| 18 | radio service, as that term is defined in 47 CFR 22.99, | ||||||
| 19 | in which common carriers are authorized to offer and | ||||||
| 20 | provide radio telecommunications service for hire to | ||||||
| 21 | subscribers in aircraft. | ||||||
| 22 | "Call-by-call Basis" means any method of charging | ||||||
| 23 | for telecommunications services where the price is | ||||||
| 24 | measured by individual calls. | ||||||
| 25 | "Communications Channel" means a physical or | ||||||
| 26 | virtual path of communications over which signals are | ||||||
| |||||||
| |||||||
| 1 | transmitted between or among customer channel | ||||||
| 2 | termination points. | ||||||
| 3 | "Conference bridging service" means an "ancillary | ||||||
| 4 | service" that links two or more participants of an | ||||||
| 5 | audio or video conference call and may include the | ||||||
| 6 | provision of a telephone number. "Conference bridging | ||||||
| 7 | service" does not include the "telecommunications | ||||||
| 8 | services" used to reach the conference bridge. | ||||||
| 9 | "Customer Channel Termination Point" means the | ||||||
| 10 | location where the customer either inputs or receives | ||||||
| 11 | the communications. | ||||||
| 12 | "Detailed telecommunications billing service" | ||||||
| 13 | means an "ancillary service" of separately stating | ||||||
| 14 | information pertaining to individual calls on a | ||||||
| 15 | customer's billing statement. | ||||||
| 16 | "Directory assistance" means an "ancillary | ||||||
| 17 | service" of providing telephone number information, | ||||||
| 18 | and/or address information. | ||||||
| 19 | "Home service provider" means the facilities based | ||||||
| 20 | carrier or reseller with which the customer contracts | ||||||
| 21 | for the provision of mobile telecommunications | ||||||
| 22 | services. | ||||||
| 23 | "Mobile telecommunications service" means | ||||||
| 24 | commercial mobile radio service, as defined in Section | ||||||
| 25 | 20.3 of Title 47 of the Code of Federal Regulations as | ||||||
| 26 | in effect on June 1, 1999. | ||||||
| |||||||
| |||||||
| 1 | "Place of primary use" means the street address | ||||||
| 2 | representative of where the customer's use of the | ||||||
| 3 | telecommunications service primarily occurs, which | ||||||
| 4 | must be the residential street address or the primary | ||||||
| 5 | business street address of the customer. In the case of | ||||||
| 6 | mobile telecommunications services, "place of primary | ||||||
| 7 | use" must be within the licensed service area of the | ||||||
| 8 | home service provider. | ||||||
| 9 | "Post-paid telecommunication service" means the | ||||||
| 10 | telecommunications service obtained by making a | ||||||
| 11 | payment on a call-by-call basis either through the use | ||||||
| 12 | of a credit card or payment mechanism such as a bank | ||||||
| 13 | card, travel card, credit card, or debit card, or by | ||||||
| 14 | charge made to a telephone number which is not | ||||||
| 15 | associated with the origination or termination of the | ||||||
| 16 | telecommunications service. A post-paid calling | ||||||
| 17 | service includes telecommunications service, except a | ||||||
| 18 | prepaid wireless calling service, that would be a | ||||||
| 19 | prepaid calling service except it is not exclusively a | ||||||
| 20 | telecommunication service. | ||||||
| 21 | "Prepaid telecommunication service" means the | ||||||
| 22 | right to access exclusively telecommunications | ||||||
| 23 | services, which must be paid for in advance and which | ||||||
| 24 | enables the origination of calls using an access number | ||||||
| 25 | or authorization code, whether manually or | ||||||
| 26 | electronically dialed, and that is sold in | ||||||
| |||||||
| |||||||
| 1 | predetermined units or dollars of which the number | ||||||
| 2 | declines with use in a known amount. | ||||||
| 3 | "Prepaid Mobile telecommunication service" means a | ||||||
| 4 | telecommunications service that provides the right to | ||||||
| 5 | utilize mobile wireless service as well as other | ||||||
| 6 | non-telecommunication services, including but not | ||||||
| 7 | limited to ancillary services, which must be paid for | ||||||
| 8 | in advance that is sold in predetermined units or | ||||||
| 9 | dollars of which the number declines with use in a | ||||||
| 10 | known amount. | ||||||
| 11 | "Private communication service" means a | ||||||
| 12 | telecommunication service that entitles the customer | ||||||
| 13 | to exclusive or priority use of a communications | ||||||
| 14 | channel or group of channels between or among | ||||||
| 15 | termination points, regardless of the manner in which | ||||||
| 16 | such channel or channels are connected, and includes | ||||||
| 17 | switching capacity, extension lines, stations, and any | ||||||
| 18 | other associated services that are provided in | ||||||
| 19 | connection with the use of such channel or channels. | ||||||
| 20 | "Service address" means: | ||||||
| 21 | (a) The location of the telecommunications | ||||||
| 22 | equipment to which a customer's call is charged and | ||||||
| 23 | from which the call originates or terminates, | ||||||
| 24 | regardless of where the call is billed or paid; | ||||||
| 25 | (b) If the location in line (a) is not known, | ||||||
| 26 | service address means the origination point of the | ||||||
| |||||||
| |||||||
| 1 | signal of the telecommunications services first | ||||||
| 2 | identified by either the seller's | ||||||
| 3 | telecommunications system or in information | ||||||
| 4 | received by the seller from its service provider | ||||||
| 5 | where the system used to transport such signals is | ||||||
| 6 | not that of the seller; and | ||||||
| 7 | (c) If the locations in line (a) and line (b) | ||||||
| 8 | are not known, the service address means the | ||||||
| 9 | location of the customer's place of primary use. | ||||||
| 10 | "Telecommunications service" means the electronic | ||||||
| 11 | transmission, conveyance, or routing of voice, data, | ||||||
| 12 | audio, video, or any other information or signals to a | ||||||
| 13 | point, or between or among points. The term | ||||||
| 14 | "telecommunications service" includes such | ||||||
| 15 | transmission, conveyance, or routing in which computer | ||||||
| 16 | processing applications are used to act on the form, | ||||||
| 17 | code or protocol of the content for purposes of | ||||||
| 18 | transmission, conveyance or routing without regard to | ||||||
| 19 | whether such service is referred to as voice over | ||||||
| 20 | Internet protocol services or is classified by the | ||||||
| 21 | Federal Communications Commission as enhanced or value | ||||||
| 22 | added. "Telecommunications service" does not include: | ||||||
| 23 | (a) Data processing and information services | ||||||
| 24 | that allow data to be generated, acquired, stored, | ||||||
| 25 | processed, or retrieved and delivered by an | ||||||
| 26 | electronic transmission to a purchaser when such | ||||||
| |||||||
| |||||||
| 1 | purchaser's primary purpose for the underlying | ||||||
| 2 | transaction is the processed data or information; | ||||||
| 3 | (b) Installation or maintenance of wiring or | ||||||
| 4 | equipment on a customer's premises; | ||||||
| 5 | (c) Tangible personal property; | ||||||
| 6 | (d) Advertising, including but not limited to | ||||||
| 7 | directory advertising; . | ||||||
| 8 | (e) Billing and collection services provided | ||||||
| 9 | to third parties; | ||||||
| 10 | (f) Internet access service; | ||||||
| 11 | (g) Radio and television audio and video | ||||||
| 12 | programming services, regardless of the medium, | ||||||
| 13 | including the furnishing of transmission, | ||||||
| 14 | conveyance and routing of such services by the | ||||||
| 15 | programming service provider. Radio and television | ||||||
| 16 | audio and video programming services shall include | ||||||
| 17 | but not be limited to cable service as defined in | ||||||
| 18 | 47 USC 522(6) and audio and video programming | ||||||
| 19 | services delivered by commercial mobile radio | ||||||
| 20 | service providers, as defined in 47 CFR 20.3; | ||||||
| 21 | (h) "Ancillary services"; or | ||||||
| 22 | (i) Digital products "delivered | ||||||
| 23 | electronically", including but not limited to | ||||||
| 24 | software, music, video, reading materials or ring | ||||||
| 25 | tones. | ||||||
| 26 | "Vertical service" means an "ancillary service" | ||||||
| |||||||
| |||||||
| 1 | that is offered in connection with one or more | ||||||
| 2 | "telecommunications services", which offers advanced | ||||||
| 3 | calling features that allow customers to identify | ||||||
| 4 | callers and to manage multiple calls and call | ||||||
| 5 | connections, including "conference bridging services". | ||||||
| 6 | "Voice mail service" means an "ancillary service" | ||||||
| 7 | that enables the customer to store, send or receive | ||||||
| 8 | recorded messages. "Voice mail service" does not | ||||||
| 9 | include any "vertical services" that the customer may | ||||||
| 10 | be required to have in order to utilize the "voice mail | ||||||
| 11 | service". | ||||||
| 12 | (ii) Receipts from the sale of telecommunications | ||||||
| 13 | service sold on an individual call-by-call basis are in | ||||||
| 14 | this State if either of the following applies: | ||||||
| 15 | (a) The call both originates and terminates in | ||||||
| 16 | this State. | ||||||
| 17 | (b) The call either originates or terminates | ||||||
| 18 | in this State and the service address is located in | ||||||
| 19 | this State. | ||||||
| 20 | (iii) Receipts from the sale of postpaid | ||||||
| 21 | telecommunications service at retail are in this State | ||||||
| 22 | if the origination point of the telecommunication | ||||||
| 23 | signal, as first identified by the service provider's | ||||||
| 24 | telecommunication system or as identified by | ||||||
| 25 | information received by the seller from its service | ||||||
| 26 | provider if the system used to transport | ||||||
| |||||||
| |||||||
| 1 | telecommunication signals is not the seller's, is | ||||||
| 2 | located in this State. | ||||||
| 3 | (iv) Receipts from the sale of prepaid | ||||||
| 4 | telecommunications service or prepaid mobile | ||||||
| 5 | telecommunications service at retail are in this State | ||||||
| 6 | if the purchaser obtains the prepaid card or similar | ||||||
| 7 | means of conveyance at a location in this State. | ||||||
| 8 | Receipts from recharging a prepaid telecommunications | ||||||
| 9 | service or mobile telecommunications service is in | ||||||
| 10 | this State if the purchaser's billing information | ||||||
| 11 | indicates a location in this State. | ||||||
| 12 | (v) Receipts from the sale of private | ||||||
| 13 | communication services are in this State as follows: | ||||||
| 14 | (a) 100% of receipts from charges imposed at | ||||||
| 15 | each channel termination point in this State. | ||||||
| 16 | (b) 100% of receipts from charges for the total | ||||||
| 17 | channel mileage between each channel termination | ||||||
| 18 | point in this State. | ||||||
| 19 | (c) 50% of the total receipts from charges for | ||||||
| 20 | service segments when those segments are between 2 | ||||||
| 21 | customer channel termination points, 1 of which is | ||||||
| 22 | located in this State and the other is located | ||||||
| 23 | outside of this State, which segments are | ||||||
| 24 | separately charged. | ||||||
| 25 | (d) The receipts from charges for service | ||||||
| 26 | segments with a channel termination point located | ||||||
| |||||||
| |||||||
| 1 | in this State and in two or more other states, and | ||||||
| 2 | which segments are not separately billed, are in | ||||||
| 3 | this State based on a percentage determined by | ||||||
| 4 | dividing the number of customer channel | ||||||
| 5 | termination points in this State by the total | ||||||
| 6 | number of customer channel termination points. | ||||||
| 7 | (vi) Receipts from charges for ancillary services | ||||||
| 8 | for telecommunications service sold to customers at | ||||||
| 9 | retail are in this State if the customer's primary | ||||||
| 10 | place of use of telecommunications services associated | ||||||
| 11 | with those ancillary services is in this State. If the | ||||||
| 12 | seller of those ancillary services cannot determine | ||||||
| 13 | where the associated telecommunications are located, | ||||||
| 14 | then the ancillary services shall be based on the | ||||||
| 15 | location of the purchaser. | ||||||
| 16 | (vii) Receipts to access a carrier's network or | ||||||
| 17 | from the sale of telecommunication services or | ||||||
| 18 | ancillary services for resale are in this State as | ||||||
| 19 | follows: | ||||||
| 20 | (a) 100% of the receipts from access fees | ||||||
| 21 | attributable to intrastate telecommunications | ||||||
| 22 | service that both originates and terminates in | ||||||
| 23 | this State. | ||||||
| 24 | (b) 50% of the receipts from access fees | ||||||
| 25 | attributable to interstate telecommunications | ||||||
| 26 | service if the interstate call either originates | ||||||
| |||||||
| |||||||
| 1 | or terminates in this State. | ||||||
| 2 | (c) 100% of the receipts from interstate end | ||||||
| 3 | user access line charges, if the customer's | ||||||
| 4 | service address is in this State. As used in this | ||||||
| 5 | subdivision, "interstate end user access line | ||||||
| 6 | charges" includes, but is not limited to, the | ||||||
| 7 | surcharge approved by the federal communications | ||||||
| 8 | commission and levied pursuant to 47 CFR 69. | ||||||
| 9 | (d) Gross receipts from sales of | ||||||
| 10 | telecommunication services or from ancillary | ||||||
| 11 | services for telecommunications services sold to | ||||||
| 12 | other telecommunication service providers for | ||||||
| 13 | resale shall be sourced to this State using the | ||||||
| 14 | apportionment concepts used for non-resale | ||||||
| 15 | receipts of telecommunications services if the | ||||||
| 16 | information is readily available to make that | ||||||
| 17 | determination. If the information is not readily | ||||||
| 18 | available, then the taxpayer may use any other | ||||||
| 19 | reasonable and consistent method. | ||||||
| 20 | (B-7) For taxable years ending on or after December 31, | ||||||
| 21 | 2008, receipts from the sale of broadcasting services are | ||||||
| 22 | in this State if the broadcasting services are received in | ||||||
| 23 | this State. For purposes of this paragraph (B-7), the | ||||||
| 24 | following terms have the following meanings: | ||||||
| 25 | "Advertising revenue" means consideration received | ||||||
| 26 | by the taxpayer in exchange for broadcasting services | ||||||
| |||||||
| |||||||
| 1 | or allowing the broadcasting of commercials or | ||||||
| 2 | announcements in connection with the broadcasting of | ||||||
| 3 | film or radio programming, from sponsorships of the | ||||||
| 4 | programming, or from product placements in the | ||||||
| 5 | programming. | ||||||
| 6 | "Audience factor" means the ratio that the | ||||||
| 7 | audience or subscribers located in this State of a | ||||||
| 8 | station, a network, or a cable system bears to the | ||||||
| 9 | total audience or total subscribers for that station, | ||||||
| 10 | network, or cable system. The audience factor for film | ||||||
| 11 | or radio programming shall be determined by reference | ||||||
| 12 | to the books and records of the taxpayer or by | ||||||
| 13 | reference to published rating statistics provided the | ||||||
| 14 | method used by the taxpayer is consistently used from | ||||||
| 15 | year to year for this purpose and fairly represents the | ||||||
| 16 | taxpayer's activity in this State. | ||||||
| 17 | "Broadcast" or "broadcasting" or "broadcasting | ||||||
| 18 | services" means the transmission or provision of film | ||||||
| 19 | or radio programming, whether through the public | ||||||
| 20 | airwaves, by cable, by direct or indirect satellite | ||||||
| 21 | transmission, or by any other means of communication, | ||||||
| 22 | either through a station, a network, or a cable system. | ||||||
| 23 | "Film" or "film programming" means the broadcast | ||||||
| 24 | on television of any and all performances, events, or | ||||||
| 25 | productions, including but not limited to news, | ||||||
| 26 | sporting events, plays, stories, or other literary, | ||||||
| |||||||
| |||||||
| 1 | commercial, educational, or artistic works, either | ||||||
| 2 | live or through the use of video tape, disc, or any | ||||||
| 3 | other type of format or medium. Each episode of a | ||||||
| 4 | series of films produced for television shall | ||||||
| 5 | constitute separate "film" notwithstanding that the | ||||||
| 6 | series relates to the same principal subject and is | ||||||
| 7 | produced during one or more tax periods. | ||||||
| 8 | "Radio" or "radio programming" means the broadcast | ||||||
| 9 | on radio of any and all performances, events, or | ||||||
| 10 | productions, including but not limited to news, | ||||||
| 11 | sporting events, plays, stories, or other literary, | ||||||
| 12 | commercial, educational, or artistic works, either | ||||||
| 13 | live or through the use of an audio tape, disc, or any | ||||||
| 14 | other format or medium. Each episode in a series of | ||||||
| 15 | radio programming produced for radio broadcast shall | ||||||
| 16 | constitute a separate "radio programming" | ||||||
| 17 | notwithstanding that the series relates to the same | ||||||
| 18 | principal subject and is produced during one or more | ||||||
| 19 | tax periods. | ||||||
| 20 | (i) In the case of advertising revenue from | ||||||
| 21 | broadcasting, the customer is the advertiser and | ||||||
| 22 | the service is received in this State if the | ||||||
| 23 | commercial domicile of the advertiser is in this | ||||||
| 24 | State. | ||||||
| 25 | (ii) In the case where film or radio | ||||||
| 26 | programming is broadcast by a station, a network, | ||||||
| |||||||
| |||||||
| 1 | or a cable system for a fee or other remuneration | ||||||
| 2 | received from the recipient of the broadcast, the | ||||||
| 3 | portion of the service that is received in this | ||||||
| 4 | State is measured by the portion of the recipients | ||||||
| 5 | of the broadcast located in this State. | ||||||
| 6 | Accordingly, the fee or other remuneration for | ||||||
| 7 | such service that is included in the Illinois | ||||||
| 8 | numerator of the sales factor is the total of those | ||||||
| 9 | fees or other remuneration received from | ||||||
| 10 | recipients in Illinois. For purposes of this | ||||||
| 11 | paragraph, a taxpayer may determine the location | ||||||
| 12 | of the recipients of its broadcast using the | ||||||
| 13 | address of the recipient shown in its contracts | ||||||
| 14 | with the recipient or using the billing address of | ||||||
| 15 | the recipient in the taxpayer's records. | ||||||
| 16 | (iii) In the case where film or radio | ||||||
| 17 | programming is broadcast by a station, a network, | ||||||
| 18 | or a cable system for a fee or other remuneration | ||||||
| 19 | from the person providing the programming, the | ||||||
| 20 | portion of the broadcast service that is received | ||||||
| 21 | by such station, network, or cable system in this | ||||||
| 22 | State is measured by the portion of recipients of | ||||||
| 23 | the broadcast located in this State. Accordingly, | ||||||
| 24 | the amount of revenue related to such an | ||||||
| 25 | arrangement that is included in the Illinois | ||||||
| 26 | numerator of the sales factor is the total fee or | ||||||
| |||||||
| |||||||
| 1 | other total remuneration from the person providing | ||||||
| 2 | the programming related to that broadcast | ||||||
| 3 | multiplied by the Illinois audience factor for | ||||||
| 4 | that broadcast. | ||||||
| 5 | (iv) In the case where film or radio | ||||||
| 6 | programming is provided by a taxpayer that is a | ||||||
| 7 | network or station to a customer for broadcast in | ||||||
| 8 | exchange for a fee or other remuneration from that | ||||||
| 9 | customer the broadcasting service is received at | ||||||
| 10 | the location of the office of the customer from | ||||||
| 11 | which the services were ordered in the regular | ||||||
| 12 | course of the customer's trade or business. | ||||||
| 13 | Accordingly, in such a case the revenue derived by | ||||||
| 14 | the taxpayer that is included in the taxpayer's | ||||||
| 15 | Illinois numerator of the sales factor is the | ||||||
| 16 | revenue from such customers who receive the | ||||||
| 17 | broadcasting service in Illinois. | ||||||
| 18 | (v) In the case where film or radio programming | ||||||
| 19 | is provided by a taxpayer that is not a network or | ||||||
| 20 | station to another person for broadcasting in | ||||||
| 21 | exchange for a fee or other remuneration from that | ||||||
| 22 | person, the broadcasting service is received at | ||||||
| 23 | the location of the office of the customer from | ||||||
| 24 | which the services were ordered in the regular | ||||||
| 25 | course of the customer's trade or business. | ||||||
| 26 | Accordingly, in such a case the revenue derived by | ||||||
| |||||||
| |||||||
| 1 | the taxpayer that is included in the taxpayer's | ||||||
| 2 | Illinois numerator of the sales factor is the | ||||||
| 3 | revenue from such customers who receive the | ||||||
| 4 | broadcasting service in Illinois. | ||||||
| 5 | (B-8) Gross receipts from winnings under the Illinois | ||||||
| 6 | Lottery Law from the assignment of a prize under Section | ||||||
| 7 | 13.1 of the Illinois Lottery Law are received in this | ||||||
| 8 | State. This paragraph (B-8) applies only to taxable years | ||||||
| 9 | ending on or after December 31, 2013. | ||||||
| 10 | (B-9) For taxable years ending on or after December 31, | ||||||
| 11 | 2017, gross receipts from winnings from pari-mutuel | ||||||
| 12 | wagering conducted at a wagering facility licensed under | ||||||
| 13 | the Illinois Horse Racing Act of 1975 or from winnings from | ||||||
| 14 | gambling games conducted on a riverboat or in a casino or | ||||||
| 15 | electronic gaming facility licensed under the Illinois | ||||||
| 16 | Gambling Act are in this State. | ||||||
| 17 | (C) For taxable years ending before December 31, 2008, | ||||||
| 18 | sales, other than sales governed by paragraphs (B), (B-1), | ||||||
| 19 | (B-2), and (B-8) are in
this State if:
| ||||||
| 20 | (i) The income-producing activity is performed in | ||||||
| 21 | this State; or
| ||||||
| 22 | (ii) The income-producing activity is performed | ||||||
| 23 | both within and
without this State and a greater | ||||||
| 24 | proportion of the income-producing
activity is | ||||||
| 25 | performed within this State than without this State, | ||||||
| 26 | based
on performance costs.
| ||||||
| |||||||
| |||||||
| 1 | (C-5) For taxable years ending on or after December 31, | ||||||
| 2 | 2008, sales, other than sales governed by paragraphs (B), | ||||||
| 3 | (B-1), (B-2), (B-5), and (B-7), are in this State if any of | ||||||
| 4 | the following criteria are met: | ||||||
| 5 | (i) Sales from the sale or lease of real property | ||||||
| 6 | are in this State if the property is located in this | ||||||
| 7 | State. | ||||||
| 8 | (ii) Sales from the lease or rental of tangible | ||||||
| 9 | personal property are in this State if the property is | ||||||
| 10 | located in this State during the rental period. Sales | ||||||
| 11 | from the lease or rental of tangible personal property | ||||||
| 12 | that is characteristically moving property, including, | ||||||
| 13 | but not limited to, motor vehicles, rolling stock, | ||||||
| 14 | aircraft, vessels, or mobile equipment are in this | ||||||
| 15 | State to the extent that the property is used in this | ||||||
| 16 | State. | ||||||
| 17 | (iii) In the case of interest, net gains (but not | ||||||
| 18 | less than zero) and other items of income from | ||||||
| 19 | intangible personal property, the sale is in this State | ||||||
| 20 | if: | ||||||
| 21 | (a) in the case of a taxpayer who is a dealer | ||||||
| 22 | in the item of intangible personal property within | ||||||
| 23 | the meaning of Section 475 of the Internal Revenue | ||||||
| 24 | Code, the income or gain is received from a | ||||||
| 25 | customer in this State. For purposes of this | ||||||
| 26 | subparagraph, a customer is in this State if the | ||||||
| |||||||
| |||||||
| 1 | customer is an individual, trust or estate who is a | ||||||
| 2 | resident of this State and, for all other | ||||||
| 3 | customers, if the customer's commercial domicile | ||||||
| 4 | is in this State. Unless the dealer has actual | ||||||
| 5 | knowledge of the residence or commercial domicile | ||||||
| 6 | of a customer during a taxable year, the customer | ||||||
| 7 | shall be deemed to be a customer in this State if | ||||||
| 8 | the billing address of the customer, as shown in | ||||||
| 9 | the records of the dealer, is in this State; or | ||||||
| 10 | (b) in all other cases, if the | ||||||
| 11 | income-producing activity of the taxpayer is | ||||||
| 12 | performed in this State or, if the | ||||||
| 13 | income-producing activity of the taxpayer is | ||||||
| 14 | performed both within and without this State, if a | ||||||
| 15 | greater proportion of the income-producing | ||||||
| 16 | activity of the taxpayer is performed within this | ||||||
| 17 | State than in any other state, based on performance | ||||||
| 18 | costs. | ||||||
| 19 | (iv) Sales of services are in this State if the | ||||||
| 20 | services are received in this State. For the purposes | ||||||
| 21 | of this section, gross receipts from the performance of | ||||||
| 22 | services provided to a corporation, partnership, or | ||||||
| 23 | trust may only be attributed to a state where that | ||||||
| 24 | corporation, partnership, or trust has a fixed place of | ||||||
| 25 | business. If the state where the services are received | ||||||
| 26 | is not readily determinable or is a state where the | ||||||
| |||||||
| |||||||
| 1 | corporation, partnership, or trust receiving the | ||||||
| 2 | service does not have a fixed place of business, the | ||||||
| 3 | services shall be deemed to be received at the location | ||||||
| 4 | of the office of the customer from which the services | ||||||
| 5 | were ordered in the regular course of the customer's | ||||||
| 6 | trade or business. If the ordering office cannot be | ||||||
| 7 | determined, the services shall be deemed to be received | ||||||
| 8 | at the office of the customer to which the services are | ||||||
| 9 | billed. If the taxpayer is not taxable in the state in | ||||||
| 10 | which the services are received, the sale must be | ||||||
| 11 | excluded from both the numerator and the denominator of | ||||||
| 12 | the sales factor. The Department shall adopt rules | ||||||
| 13 | prescribing where specific types of service are | ||||||
| 14 | received, including, but not limited to, publishing, | ||||||
| 15 | and utility service.
| ||||||
| 16 | (D) For taxable years ending on or after December 31, | ||||||
| 17 | 1995, the following
items of income shall not be included | ||||||
| 18 | in the numerator or denominator of the
sales factor: | ||||||
| 19 | dividends; amounts included under Section 78 of the | ||||||
| 20 | Internal
Revenue Code; and Subpart F income as defined in | ||||||
| 21 | Section 952 of the Internal
Revenue Code.
No inference | ||||||
| 22 | shall be drawn from the enactment of this paragraph (D) in
| ||||||
| 23 | construing this Section for taxable years ending before | ||||||
| 24 | December 31, 1995.
| ||||||
| 25 | (E) Paragraphs (B-1) and (B-2) shall apply to tax years | ||||||
| 26 | ending on or
after December 31, 1999, provided that a | ||||||
| |||||||
| |||||||
| 1 | taxpayer may elect to apply the
provisions of these | ||||||
| 2 | paragraphs to prior tax years. Such election shall be made
| ||||||
| 3 | in the form and manner prescribed by the Department, shall | ||||||
| 4 | be irrevocable, and
shall apply to all tax years; provided | ||||||
| 5 | that, if a taxpayer's Illinois income
tax liability for any | ||||||
| 6 | tax year, as assessed under Section 903 prior to January
1, | ||||||
| 7 | 1999, was computed in a manner contrary to the provisions | ||||||
| 8 | of paragraphs
(B-1) or (B-2), no refund shall be payable to | ||||||
| 9 | the taxpayer for that tax year to
the extent such refund is | ||||||
| 10 | the result of applying the provisions of paragraph
(B-1) or | ||||||
| 11 | (B-2) retroactively. In the case of a unitary business | ||||||
| 12 | group, such
election shall apply to all members of such | ||||||
| 13 | group for every tax year such group
is in existence, but | ||||||
| 14 | shall not apply to any taxpayer for any period during
which | ||||||
| 15 | that taxpayer is not a member of such group.
| ||||||
| 16 | (b) Insurance companies.
| ||||||
| 17 | (1) In general. Except as otherwise
provided by | ||||||
| 18 | paragraph (2), business income of an insurance company for | ||||||
| 19 | a
taxable year shall be apportioned to this State by | ||||||
| 20 | multiplying such
income by a fraction, the numerator of | ||||||
| 21 | which is the direct premiums
written for insurance upon | ||||||
| 22 | property or risk in this State, and the
denominator of | ||||||
| 23 | which is the direct premiums written for insurance upon
| ||||||
| 24 | property or risk everywhere. For purposes of this | ||||||
| 25 | subsection, the term
"direct premiums written" means the | ||||||
| 26 | total amount of direct premiums
written, assessments and | ||||||
| |||||||
| |||||||
| 1 | annuity considerations as reported for the
taxable year on | ||||||
| 2 | the annual statement filed by the company with the
Illinois | ||||||
| 3 | Director of Insurance in the form approved by the National
| ||||||
| 4 | Convention of Insurance Commissioners
or such other form as | ||||||
| 5 | may be
prescribed in lieu thereof.
| ||||||
| 6 | (2) Reinsurance. If the principal source of premiums | ||||||
| 7 | written by an
insurance company consists of premiums for | ||||||
| 8 | reinsurance accepted by it,
the business income of such | ||||||
| 9 | company shall be apportioned to this State
by multiplying | ||||||
| 10 | such income by a fraction, the numerator of which is the
| ||||||
| 11 | sum of (i) direct premiums written for insurance upon | ||||||
| 12 | property or risk
in this State, plus (ii) premiums written | ||||||
| 13 | for reinsurance accepted in
respect of property or risk in | ||||||
| 14 | this State, and the denominator of which
is the sum of | ||||||
| 15 | (iii) direct premiums written for insurance upon property
| ||||||
| 16 | or risk everywhere, plus (iv) premiums written for | ||||||
| 17 | reinsurance accepted
in respect of property or risk | ||||||
| 18 | everywhere. For purposes of this
paragraph, premiums | ||||||
| 19 | written for reinsurance accepted in respect of
property or | ||||||
| 20 | risk in this State, whether or not otherwise determinable,
| ||||||
| 21 | may, at the election of the company, be determined on the | ||||||
| 22 | basis of the
proportion which premiums written for | ||||||
| 23 | reinsurance accepted from
companies commercially domiciled | ||||||
| 24 | in Illinois bears to premiums written
for reinsurance | ||||||
| 25 | accepted from all sources, or, alternatively, in the
| ||||||
| 26 | proportion which the sum of the direct premiums written for | ||||||
| |||||||
| |||||||
| 1 | insurance
upon property or risk in this State by each | ||||||
| 2 | ceding company from which
reinsurance is accepted bears to | ||||||
| 3 | the sum of the total direct premiums
written by each such | ||||||
| 4 | ceding company for the taxable year. The election made by a | ||||||
| 5 | company under this paragraph for its first taxable year | ||||||
| 6 | ending on or after December 31, 2011, shall be binding for | ||||||
| 7 | that company for that taxable year and for all subsequent | ||||||
| 8 | taxable years, and may be altered only with the written | ||||||
| 9 | permission of the Department, which shall not be | ||||||
| 10 | unreasonably withheld.
| ||||||
| 11 | (c) Financial organizations.
| ||||||
| 12 | (1) In general. For taxable years ending before | ||||||
| 13 | December 31, 2008, business income of a financial
| ||||||
| 14 | organization shall be apportioned to this State by | ||||||
| 15 | multiplying such
income by a fraction, the numerator of | ||||||
| 16 | which is its business income from
sources within this | ||||||
| 17 | State, and the denominator of which is its business
income | ||||||
| 18 | from all sources. For the purposes of this subsection, the
| ||||||
| 19 | business income of a financial organization from sources | ||||||
| 20 | within this
State is the sum of the amounts referred to in | ||||||
| 21 | subparagraphs (A) through
(E) following, but excluding the | ||||||
| 22 | adjusted income of an international banking
facility as | ||||||
| 23 | determined in paragraph (2):
| ||||||
| 24 | (A) Fees, commissions or other compensation for | ||||||
| 25 | financial services
rendered within this State;
| ||||||
| 26 | (B) Gross profits from trading in stocks, bonds or | ||||||
| |||||||
| |||||||
| 1 | other securities
managed within this State;
| ||||||
| 2 | (C) Dividends, and interest from Illinois | ||||||
| 3 | customers, which are received
within this State;
| ||||||
| 4 | (D) Interest charged to customers at places of | ||||||
| 5 | business maintained
within this State for carrying | ||||||
| 6 | debit balances of margin accounts,
without deduction | ||||||
| 7 | of any costs incurred in carrying such accounts; and
| ||||||
| 8 | (E) Any other gross income resulting from the | ||||||
| 9 | operation as a
financial organization within this | ||||||
| 10 | State. In computing the amounts
referred to in | ||||||
| 11 | paragraphs (A) through (E) of this subsection, any | ||||||
| 12 | amount
received by a member of an affiliated group | ||||||
| 13 | (determined under Section
1504(a) of the Internal | ||||||
| 14 | Revenue Code but without reference to whether
any such | ||||||
| 15 | corporation is an "includible corporation" under | ||||||
| 16 | Section
1504(b) of the Internal Revenue Code) from | ||||||
| 17 | another member of such group
shall be included only to | ||||||
| 18 | the extent such amount exceeds expenses of the
| ||||||
| 19 | recipient directly related thereto.
| ||||||
| 20 | (2) International Banking Facility. For taxable years | ||||||
| 21 | ending before December 31, 2008:
| ||||||
| 22 | (A) Adjusted Income. The adjusted income of an | ||||||
| 23 | international banking
facility is its income reduced | ||||||
| 24 | by the amount of the floor amount.
| ||||||
| 25 | (B) Floor Amount. The floor amount shall be the | ||||||
| 26 | amount, if any,
determined
by multiplying the income of | ||||||
| |||||||
| |||||||
| 1 | the international banking facility by a fraction,
not | ||||||
| 2 | greater than one, which is determined as follows:
| ||||||
| 3 | (i) The numerator shall be:
| ||||||
| 4 | The average aggregate, determined on a | ||||||
| 5 | quarterly basis, of the
financial
organization's | ||||||
| 6 | loans to banks in foreign countries, to foreign | ||||||
| 7 | domiciled
borrowers (except where secured | ||||||
| 8 | primarily by real estate) and to foreign
| ||||||
| 9 | governments and other foreign official | ||||||
| 10 | institutions, as reported for its
branches, | ||||||
| 11 | agencies and offices within the state on its | ||||||
| 12 | "Consolidated Report
of Condition", Schedule A, | ||||||
| 13 | Lines 2.c., 5.b., and 7.a., which was filed with
| ||||||
| 14 | the Federal Deposit Insurance Corporation and | ||||||
| 15 | other regulatory authorities,
for the year 1980, | ||||||
| 16 | minus
| ||||||
| 17 | The average aggregate, determined on a | ||||||
| 18 | quarterly basis, of such loans
(other
than loans of | ||||||
| 19 | an international banking facility), as reported by | ||||||
| 20 | the financial
institution for its branches, | ||||||
| 21 | agencies and offices within the state, on
the | ||||||
| 22 | corresponding Schedule and lines of the | ||||||
| 23 | Consolidated Report of Condition
for the current | ||||||
| 24 | taxable year, provided, however, that in no case | ||||||
| 25 | shall the
amount determined in this clause (the | ||||||
| 26 | subtrahend) exceed the amount determined
in the | ||||||
| |||||||
| |||||||
| 1 | preceding clause (the minuend); and
| ||||||
| 2 | (ii) the denominator shall be the average | ||||||
| 3 | aggregate, determined on a
quarterly basis, of the | ||||||
| 4 | international banking facility's loans to banks in
| ||||||
| 5 | foreign countries, to foreign domiciled borrowers | ||||||
| 6 | (except where secured
primarily by real estate) | ||||||
| 7 | and to foreign governments and other foreign
| ||||||
| 8 | official institutions, which were recorded in its | ||||||
| 9 | financial accounts for
the current taxable year.
| ||||||
| 10 | (C) Change to Consolidated Report of Condition and | ||||||
| 11 | in Qualification.
In the event the Consolidated Report | ||||||
| 12 | of Condition which is filed with the
Federal Deposit | ||||||
| 13 | Insurance Corporation and other regulatory authorities | ||||||
| 14 | is
altered so that the information required for | ||||||
| 15 | determining the floor amount
is not found on Schedule | ||||||
| 16 | A, lines 2.c., 5.b. and 7.a., the financial
institution | ||||||
| 17 | shall notify the Department and the Department may, by
| ||||||
| 18 | regulations or otherwise, prescribe or authorize the | ||||||
| 19 | use of an alternative
source for such information. The | ||||||
| 20 | financial institution shall also notify
the Department | ||||||
| 21 | should its international banking facility fail to | ||||||
| 22 | qualify as
such, in whole or in part, or should there | ||||||
| 23 | be any amendment or change to
the Consolidated Report | ||||||
| 24 | of Condition, as originally filed, to the extent
such | ||||||
| 25 | amendment or change alters the information used in | ||||||
| 26 | determining the floor
amount.
| ||||||
| |||||||
| |||||||
| 1 | (3) For taxable years ending on or after December 31, | ||||||
| 2 | 2008, the business income of a financial organization shall | ||||||
| 3 | be apportioned to this State by multiplying such income by | ||||||
| 4 | a fraction, the numerator of which is its gross receipts | ||||||
| 5 | from sources in this State or otherwise attributable to | ||||||
| 6 | this State's marketplace and the denominator of which is | ||||||
| 7 | its gross receipts everywhere during the taxable year. | ||||||
| 8 | "Gross receipts" for purposes of this subparagraph (3) | ||||||
| 9 | means gross income, including net taxable gain on | ||||||
| 10 | disposition of assets, including securities and money | ||||||
| 11 | market instruments, when derived from transactions and | ||||||
| 12 | activities in the regular course of the financial | ||||||
| 13 | organization's trade or business. The following examples | ||||||
| 14 | are illustrative:
| ||||||
| 15 | (i) Receipts from the lease or rental of real or | ||||||
| 16 | tangible personal property are in this State if the | ||||||
| 17 | property is located in this State during the rental | ||||||
| 18 | period. Receipts from the lease or rental of tangible | ||||||
| 19 | personal property that is characteristically moving | ||||||
| 20 | property, including, but not limited to, motor | ||||||
| 21 | vehicles, rolling stock, aircraft, vessels, or mobile | ||||||
| 22 | equipment are from sources in this State to the extent | ||||||
| 23 | that the property is used in this State. | ||||||
| 24 | (ii) Interest income, commissions, fees, gains on | ||||||
| 25 | disposition, and other receipts from assets in the | ||||||
| 26 | nature of loans that are secured primarily by real | ||||||
| |||||||
| |||||||
| 1 | estate or tangible personal property are from sources | ||||||
| 2 | in this State if the security is located in this State. | ||||||
| 3 | (iii) Interest income, commissions, fees, gains on | ||||||
| 4 | disposition, and other receipts from consumer loans | ||||||
| 5 | that are not secured by real or tangible personal | ||||||
| 6 | property are from sources in this State if the debtor | ||||||
| 7 | is a resident of this State. | ||||||
| 8 | (iv) Interest income, commissions, fees, gains on | ||||||
| 9 | disposition, and other receipts from commercial loans | ||||||
| 10 | and installment obligations that are not secured by | ||||||
| 11 | real or tangible personal property are from sources in | ||||||
| 12 | this State if the proceeds of the loan are to be | ||||||
| 13 | applied in this State. If it cannot be determined where | ||||||
| 14 | the funds are to be applied, the income and receipts | ||||||
| 15 | are from sources in this State if the office of the | ||||||
| 16 | borrower from which the loan was negotiated in the | ||||||
| 17 | regular course of business is located in this State. If | ||||||
| 18 | the location of this office cannot be determined, the | ||||||
| 19 | income and receipts shall be excluded from the | ||||||
| 20 | numerator and denominator of the sales factor.
| ||||||
| 21 | (v) Interest income, fees, gains on disposition, | ||||||
| 22 | service charges, merchant discount income, and other | ||||||
| 23 | receipts from credit card receivables are from sources | ||||||
| 24 | in this State if the card charges are regularly billed | ||||||
| 25 | to a customer in this State. | ||||||
| 26 | (vi) Receipts from the performance of services, | ||||||
| |||||||
| |||||||
| 1 | including, but not limited to, fiduciary, advisory, | ||||||
| 2 | and brokerage services, are in this State if the | ||||||
| 3 | services are received in this State within the meaning | ||||||
| 4 | of subparagraph (a)(3)(C-5)(iv) of this Section. | ||||||
| 5 | (vii) Receipts from the issuance of travelers | ||||||
| 6 | checks and money orders are from sources in this State | ||||||
| 7 | if the checks and money orders are issued from a | ||||||
| 8 | location within this State. | ||||||
| 9 | (viii) Receipts from investment assets and | ||||||
| 10 | activities and trading assets and activities are | ||||||
| 11 | included in the receipts factor as follows: | ||||||
| 12 | (1) Interest, dividends, net gains (but not | ||||||
| 13 | less than zero) and other income from investment | ||||||
| 14 | assets and activities from trading assets and | ||||||
| 15 | activities shall be included in the receipts | ||||||
| 16 | factor. Investment assets and activities and | ||||||
| 17 | trading assets and activities include but are not | ||||||
| 18 | limited to: investment securities; trading account | ||||||
| 19 | assets; federal funds; securities purchased and | ||||||
| 20 | sold under agreements to resell or repurchase; | ||||||
| 21 | options; futures contracts; forward contracts; | ||||||
| 22 | notional principal contracts such as swaps; | ||||||
| 23 | equities; and foreign currency transactions. With | ||||||
| 24 | respect to the investment and trading assets and | ||||||
| 25 | activities described in subparagraphs (A) and (B) | ||||||
| 26 | of this paragraph, the receipts factor shall | ||||||
| |||||||
| |||||||
| 1 | include the amounts described in such | ||||||
| 2 | subparagraphs. | ||||||
| 3 | (A) The receipts factor shall include the | ||||||
| 4 | amount by which interest from federal funds | ||||||
| 5 | sold and securities purchased under resale | ||||||
| 6 | agreements exceeds interest expense on federal | ||||||
| 7 | funds purchased and securities sold under | ||||||
| 8 | repurchase agreements. | ||||||
| 9 | (B) The receipts factor shall include the | ||||||
| 10 | amount by which interest, dividends, gains and | ||||||
| 11 | other income from trading assets and | ||||||
| 12 | activities, including but not limited to | ||||||
| 13 | assets and activities in the matched book, in | ||||||
| 14 | the arbitrage book, and foreign currency | ||||||
| 15 | transactions, exceed amounts paid in lieu of | ||||||
| 16 | interest, amounts paid in lieu of dividends, | ||||||
| 17 | and losses from such assets and activities. | ||||||
| 18 | (2) The numerator of the receipts factor | ||||||
| 19 | includes interest, dividends, net gains (but not | ||||||
| 20 | less than zero), and other income from investment | ||||||
| 21 | assets and activities and from trading assets and | ||||||
| 22 | activities described in paragraph (1) of this | ||||||
| 23 | subsection that are attributable to this State. | ||||||
| 24 | (A) The amount of interest, dividends, net | ||||||
| 25 | gains (but not less than zero), and other | ||||||
| 26 | income from investment assets and activities | ||||||
| |||||||
| |||||||
| 1 | in the investment account to be attributed to | ||||||
| 2 | this State and included in the numerator is | ||||||
| 3 | determined by multiplying all such income from | ||||||
| 4 | such assets and activities by a fraction, the | ||||||
| 5 | numerator of which is the gross income from | ||||||
| 6 | such assets and activities which are properly | ||||||
| 7 | assigned to a fixed place of business of the | ||||||
| 8 | taxpayer within this State and the denominator | ||||||
| 9 | of which is the gross income from all such | ||||||
| 10 | assets and activities. | ||||||
| 11 | (B) The amount of interest from federal | ||||||
| 12 | funds sold and purchased and from securities | ||||||
| 13 | purchased under resale agreements and | ||||||
| 14 | securities sold under repurchase agreements | ||||||
| 15 | attributable to this State and included in the | ||||||
| 16 | numerator is determined by multiplying the | ||||||
| 17 | amount described in subparagraph (A) of | ||||||
| 18 | paragraph (1) of this subsection from such | ||||||
| 19 | funds and such securities by a fraction, the | ||||||
| 20 | numerator of which is the gross income from | ||||||
| 21 | such funds and such securities which are | ||||||
| 22 | properly assigned to a fixed place of business | ||||||
| 23 | of the taxpayer within this State and the | ||||||
| 24 | denominator of which is the gross income from | ||||||
| 25 | all such funds and such securities. | ||||||
| 26 | (C) The amount of interest, dividends, | ||||||
| |||||||
| |||||||
| 1 | gains, and other income from trading assets and | ||||||
| 2 | activities, including but not limited to | ||||||
| 3 | assets and activities in the matched book, in | ||||||
| 4 | the arbitrage book and foreign currency | ||||||
| 5 | transactions (but excluding amounts described | ||||||
| 6 | in subparagraphs (A) or (B) of this paragraph), | ||||||
| 7 | attributable to this State and included in the | ||||||
| 8 | numerator is determined by multiplying the | ||||||
| 9 | amount described in subparagraph (B) of | ||||||
| 10 | paragraph (1) of this subsection by a fraction, | ||||||
| 11 | the numerator of which is the gross income from | ||||||
| 12 | such trading assets and activities which are | ||||||
| 13 | properly assigned to a fixed place of business | ||||||
| 14 | of the taxpayer within this State and the | ||||||
| 15 | denominator of which is the gross income from | ||||||
| 16 | all such assets and activities. | ||||||
| 17 | (D) Properly assigned, for purposes of | ||||||
| 18 | this paragraph (2) of this subsection, means | ||||||
| 19 | the investment or trading asset or activity is | ||||||
| 20 | assigned to the fixed place of business with | ||||||
| 21 | which it has a preponderance of substantive | ||||||
| 22 | contacts. An investment or trading asset or | ||||||
| 23 | activity assigned by the taxpayer to a fixed | ||||||
| 24 | place of business without the State shall be | ||||||
| 25 | presumed to have been properly assigned if: | ||||||
| 26 | (i) the taxpayer has assigned, in the | ||||||
| |||||||
| |||||||
| 1 | regular course of its business, such asset | ||||||
| 2 | or activity on its records to a fixed place | ||||||
| 3 | of business consistent with federal or | ||||||
| 4 | state regulatory requirements; | ||||||
| 5 | (ii) such assignment on its records is | ||||||
| 6 | based upon substantive contacts of the | ||||||
| 7 | asset or activity to such fixed place of | ||||||
| 8 | business; and | ||||||
| 9 | (iii) the taxpayer uses such records | ||||||
| 10 | reflecting assignment of such assets or | ||||||
| 11 | activities for the filing of all state and | ||||||
| 12 | local tax returns for which an assignment | ||||||
| 13 | of such assets or activities to a fixed | ||||||
| 14 | place of business is required. | ||||||
| 15 | (E) The presumption of proper assignment | ||||||
| 16 | of an investment or trading asset or activity | ||||||
| 17 | provided in subparagraph (D) of paragraph (2) | ||||||
| 18 | of this subsection may be rebutted upon a | ||||||
| 19 | showing by the Department, supported by a | ||||||
| 20 | preponderance of the evidence, that the | ||||||
| 21 | preponderance of substantive contacts | ||||||
| 22 | regarding such asset or activity did not occur | ||||||
| 23 | at the fixed place of business to which it was | ||||||
| 24 | assigned on the taxpayer's records. If the | ||||||
| 25 | fixed place of business that has a | ||||||
| 26 | preponderance of substantive contacts cannot | ||||||
| |||||||
| |||||||
| 1 | be determined for an investment or trading | ||||||
| 2 | asset or activity to which the presumption in | ||||||
| 3 | subparagraph (D) of paragraph (2) of this | ||||||
| 4 | subsection does not apply or with respect to | ||||||
| 5 | which that presumption has been rebutted, that | ||||||
| 6 | asset or activity is properly assigned to the | ||||||
| 7 | state in which the taxpayer's commercial | ||||||
| 8 | domicile is located. For purposes of this | ||||||
| 9 | subparagraph (E), it shall be presumed, | ||||||
| 10 | subject to rebuttal, that taxpayer's | ||||||
| 11 | commercial domicile is in the state of the | ||||||
| 12 | United States or the District of Columbia to | ||||||
| 13 | which the greatest number of employees are | ||||||
| 14 | regularly connected with the management of the | ||||||
| 15 | investment or trading income or out of which | ||||||
| 16 | they are working, irrespective of where the | ||||||
| 17 | services of such employees are performed, as of | ||||||
| 18 | the last day of the taxable year.
| ||||||
| 19 | (4) (Blank). | ||||||
| 20 | (5) (Blank). | ||||||
| 21 | (c-1) Federally regulated exchanges. For taxable years | ||||||
| 22 | ending on or after December 31, 2012, business income of a | ||||||
| 23 | federally regulated exchange shall, at the option of the | ||||||
| 24 | federally regulated exchange, be apportioned to this State by | ||||||
| 25 | multiplying such income by a fraction, the numerator of which | ||||||
| 26 | is its business income from sources within this State, and the | ||||||
| |||||||
| |||||||
| 1 | denominator of which is its business income from all sources. | ||||||
| 2 | For purposes of this subsection, the business income within | ||||||
| 3 | this State of a federally regulated exchange is the sum of the | ||||||
| 4 | following: | ||||||
| 5 | (1) Receipts attributable to transactions executed on | ||||||
| 6 | a physical trading floor if that physical trading floor is | ||||||
| 7 | located in this State. | ||||||
| 8 | (2) Receipts attributable to all other matching, | ||||||
| 9 | execution, or clearing transactions, including without | ||||||
| 10 | limitation receipts from the provision of matching, | ||||||
| 11 | execution, or clearing services to another entity, | ||||||
| 12 | multiplied by (i) for taxable years ending on or after | ||||||
| 13 | December 31, 2012 but before December 31, 2013, 63.77%; and | ||||||
| 14 | (ii) for taxable years ending on or after December 31, | ||||||
| 15 | 2013, 27.54%. | ||||||
| 16 | (3) All other receipts not governed by subparagraphs | ||||||
| 17 | (1) or (2) of this subsection (c-1), to the extent the | ||||||
| 18 | receipts would be characterized as "sales in this State" | ||||||
| 19 | under item (3) of subsection (a) of this Section. | ||||||
| 20 | "Federally regulated exchange" means (i) a "registered | ||||||
| 21 | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), | ||||||
| 22 | or (C), (ii) an "exchange" or "clearing agency" within the | ||||||
| 23 | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such | ||||||
| 24 | entities regulated under any successor regulatory structure to | ||||||
| 25 | the foregoing, and (iv) all taxpayers who are members of the | ||||||
| 26 | same unitary business group as a federally regulated exchange, | ||||||
| |||||||
| |||||||
| 1 | determined without regard to the prohibition in Section | ||||||
| 2 | 1501(a)(27) of this Act against including in a unitary business | ||||||
| 3 | group taxpayers who are ordinarily required to apportion | ||||||
| 4 | business income under different subsections of this Section; | ||||||
| 5 | provided that this subparagraph (iv) shall apply only if 50% or | ||||||
| 6 | more of the business receipts of the unitary business group | ||||||
| 7 | determined by application of this subparagraph (iv) for the | ||||||
| 8 | taxable year are attributable to the matching, execution, or | ||||||
| 9 | clearing of transactions conducted by an entity described in | ||||||
| 10 | subparagraph (i), (ii), or (iii) of this paragraph. | ||||||
| 11 | In no event shall the Illinois apportionment percentage | ||||||
| 12 | computed in accordance with this subsection (c-1) for any | ||||||
| 13 | taxpayer for any tax year be less than the Illinois | ||||||
| 14 | apportionment percentage computed under this subsection (c-1) | ||||||
| 15 | for that taxpayer for the first full tax year ending on or | ||||||
| 16 | after December 31, 2013 for which this subsection (c-1) applied | ||||||
| 17 | to the taxpayer. | ||||||
| 18 | (d) Transportation services. For taxable years ending | ||||||
| 19 | before December 31, 2008, business income derived from | ||||||
| 20 | furnishing
transportation services shall be apportioned to | ||||||
| 21 | this State in accordance
with paragraphs (1) and (2):
| ||||||
| 22 | (1) Such business income (other than that derived from
| ||||||
| 23 | transportation by pipeline) shall be apportioned to this | ||||||
| 24 | State by
multiplying such income by a fraction, the | ||||||
| 25 | numerator of which is the
revenue miles of the person in | ||||||
| 26 | this State, and the denominator of which
is the revenue | ||||||
| |||||||
| |||||||
| 1 | miles of the person everywhere. For purposes of this
| ||||||
| 2 | paragraph, a revenue mile is the transportation of 1 | ||||||
| 3 | passenger or 1 net
ton of freight the distance of 1 mile | ||||||
| 4 | for a consideration. Where a
person is engaged in the | ||||||
| 5 | transportation of both passengers and freight,
the | ||||||
| 6 | fraction above referred to shall be determined by means of | ||||||
| 7 | an
average of the passenger revenue mile fraction and the | ||||||
| 8 | freight revenue
mile fraction, weighted to reflect the | ||||||
| 9 | person's
| ||||||
| 10 | (A) relative railway operating income from total | ||||||
| 11 | passenger and total
freight service, as reported to the | ||||||
| 12 | Interstate Commerce Commission, in
the case of | ||||||
| 13 | transportation by railroad, and
| ||||||
| 14 | (B) relative gross receipts from passenger and | ||||||
| 15 | freight
transportation, in case of transportation | ||||||
| 16 | other than by railroad.
| ||||||
| 17 | (2) Such business income derived from transportation | ||||||
| 18 | by pipeline
shall be apportioned to this State by | ||||||
| 19 | multiplying such income by a
fraction, the numerator of | ||||||
| 20 | which is the revenue miles of the person in
this State, and | ||||||
| 21 | the denominator of which is the revenue miles of the
person | ||||||
| 22 | everywhere. For the purposes of this paragraph, a revenue | ||||||
| 23 | mile is
the transportation by pipeline of 1 barrel of oil, | ||||||
| 24 | 1,000 cubic feet of
gas, or of any specified quantity of | ||||||
| 25 | any other substance, the distance
of 1 mile for a | ||||||
| 26 | consideration.
| ||||||
| |||||||
| |||||||
| 1 | (3) For taxable years ending on or after December 31, | ||||||
| 2 | 2008, business income derived from providing | ||||||
| 3 | transportation services other than airline services shall | ||||||
| 4 | be apportioned to this State by using a fraction, (a) the | ||||||
| 5 | numerator of which shall be (i) all receipts from any | ||||||
| 6 | movement or shipment of people, goods, mail, oil, gas, or | ||||||
| 7 | any other substance (other than by airline) that both | ||||||
| 8 | originates and terminates in this State, plus (ii) that | ||||||
| 9 | portion of the person's gross receipts from movements or | ||||||
| 10 | shipments of people, goods, mail, oil, gas, or any other | ||||||
| 11 | substance (other than by airline) that originates in one | ||||||
| 12 | state or jurisdiction and terminates in another state or | ||||||
| 13 | jurisdiction, that is determined by the ratio that the | ||||||
| 14 | miles traveled in this State bears to total miles | ||||||
| 15 | everywhere and (b) the denominator of which shall be all | ||||||
| 16 | revenue derived from the movement or shipment of people, | ||||||
| 17 | goods, mail, oil, gas, or any other substance (other than | ||||||
| 18 | by airline). Where a taxpayer is engaged in the | ||||||
| 19 | transportation of both passengers and freight, the | ||||||
| 20 | fraction above referred to shall first be determined | ||||||
| 21 | separately for passenger miles and freight miles. Then an | ||||||
| 22 | average of the passenger miles fraction and the freight | ||||||
| 23 | miles fraction shall be weighted to reflect the taxpayer's: | ||||||
| 24 | (A) relative railway operating income from total | ||||||
| 25 | passenger and total freight service, as reported to the | ||||||
| 26 | Surface Transportation Board, in the case of | ||||||
| |||||||
| |||||||
| 1 | transportation by railroad; and | ||||||
| 2 | (B) relative gross receipts from passenger and | ||||||
| 3 | freight transportation, in case of transportation | ||||||
| 4 | other than by railroad.
| ||||||
| 5 | (4) For taxable years ending on or after December 31, | ||||||
| 6 | 2008, business income derived from furnishing airline
| ||||||
| 7 | transportation services shall be apportioned to this State | ||||||
| 8 | by
multiplying such income by a fraction, the numerator of | ||||||
| 9 | which is the
revenue miles of the person in this State, and | ||||||
| 10 | the denominator of which
is the revenue miles of the person | ||||||
| 11 | everywhere. For purposes of this
paragraph, a revenue mile | ||||||
| 12 | is the transportation of one passenger or one net
ton of | ||||||
| 13 | freight the distance of one mile for a consideration. If a
| ||||||
| 14 | person is engaged in the transportation of both passengers | ||||||
| 15 | and freight,
the fraction above referred to shall be | ||||||
| 16 | determined by means of an
average of the passenger revenue | ||||||
| 17 | mile fraction and the freight revenue
mile fraction, | ||||||
| 18 | weighted to reflect the person's relative gross receipts | ||||||
| 19 | from passenger and freight
airline transportation.
| ||||||
| 20 | (e) Combined apportionment. Where 2 or more persons are | ||||||
| 21 | engaged in
a unitary business as described in subsection | ||||||
| 22 | (a)(27) of
Section 1501,
a part of which is conducted in this | ||||||
| 23 | State by one or more members of the
group, the business income | ||||||
| 24 | attributable to this State by any such member
or members shall | ||||||
| 25 | be apportioned by means of the combined apportionment method.
| ||||||
| 26 | (f) Alternative allocation. If the allocation and | ||||||
| |||||||
| |||||||
| 1 | apportionment
provisions of subsections (a) through (e) and of | ||||||
| 2 | subsection (h) do not, for taxable years ending before December | ||||||
| 3 | 31, 2008, fairly represent the
extent of a person's business | ||||||
| 4 | activity in this State, or, for taxable years ending on or | ||||||
| 5 | after December 31, 2008, fairly represent the market for the | ||||||
| 6 | person's goods, services, or other sources of business income, | ||||||
| 7 | the person may
petition for, or the Director may, without a | ||||||
| 8 | petition, permit or require, in respect of all or any part
of | ||||||
| 9 | the person's business activity, if reasonable:
| ||||||
| 10 | (1) Separate accounting;
| ||||||
| 11 | (2) The exclusion of any one or more factors;
| ||||||
| 12 | (3) The inclusion of one or more additional factors | ||||||
| 13 | which will
fairly represent the person's business | ||||||
| 14 | activities or market in this State; or
| ||||||
| 15 | (4) The employment of any other method to effectuate an | ||||||
| 16 | equitable
allocation and apportionment of the person's | ||||||
| 17 | business income.
| ||||||
| 18 | (g) Cross reference. For allocation of business income by | ||||||
| 19 | residents,
see Section 301(a).
| ||||||
| 20 | (h) For tax years ending on or after December 31, 1998, the | ||||||
| 21 | apportionment
factor of persons who apportion their business | ||||||
| 22 | income to this State under
subsection (a) shall be equal to:
| ||||||
| 23 | (1) for tax years ending on or after December 31, 1998 | ||||||
| 24 | and before December
31, 1999, 16 2/3% of the property | ||||||
| 25 | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of | ||||||
| 26 | the sales factor;
| ||||||
| |||||||
| |||||||
| 1 | (2) for tax years ending on or after December 31, 1999 | ||||||
| 2 | and before December
31,
2000, 8 1/3% of the property factor | ||||||
| 3 | plus 8 1/3% of the payroll factor plus 83
1/3%
of the sales | ||||||
| 4 | factor;
| ||||||
| 5 | (3) for tax years ending on or after December 31, 2000, | ||||||
| 6 | the sales factor.
| ||||||
| 7 | If, in any tax year ending on or after December 31, 1998 and | ||||||
| 8 | before December
31, 2000, the denominator of the payroll, | ||||||
| 9 | property, or sales factor is zero,
the apportionment
factor | ||||||
| 10 | computed in paragraph (1) or (2) of this subsection for that | ||||||
| 11 | year shall
be divided by an amount equal to 100% minus the | ||||||
| 12 | percentage weight given to each
factor whose denominator is | ||||||
| 13 | equal to zero.
| ||||||
| 14 | (Source: P.A. 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, | ||||||
| 15 | eff. 7-16-14; 99-642, eff. 7-28-16; revised 11-14-16.)
| ||||||
| 16 | (35 ILCS 5/710) (from Ch. 120, par. 7-710)
| ||||||
| 17 | Sec. 710. Withholding from lottery winnings. | ||||||
| 18 | (a) In general. | ||||||
| 19 | (1) Any person
making a payment to a resident or | ||||||
| 20 | nonresident of winnings under the Illinois
Lottery Law and | ||||||
| 21 | not required to withhold Illinois income tax from such | ||||||
| 22 | payment
under Subsection (b) of Section 701 of this Act | ||||||
| 23 | because those winnings are
not subject to Federal income | ||||||
| 24 | tax withholding, must withhold Illinois income
tax from | ||||||
| 25 | such payment at a rate equal to the percentage tax rate for | ||||||
| |||||||
| |||||||
| 1 | individuals
provided in subsection (b) of Section 201, | ||||||
| 2 | provided that withholding is
not required if such payment | ||||||
| 3 | of winnings is less than $1,000.
| ||||||
| 4 | (2) In the case of an assignment of a lottery prize | ||||||
| 5 | under Section 13.1 of the Illinois Lottery Law, any person | ||||||
| 6 | making a payment of the purchase price after December 31, | ||||||
| 7 | 2013, shall withhold from the amount of each payment at a | ||||||
| 8 | rate equal to the percentage tax rate for individuals | ||||||
| 9 | provided in subsection (b) of Section 201. | ||||||
| 10 | (3) Any person making a payment after December 31, 2017 | ||||||
| 11 | to a resident or nonresident of
winnings from pari-mutuel | ||||||
| 12 | wagering conducted at a wagering facility licensed under | ||||||
| 13 | the Illinois Horse
Racing Act of 1975 or from gambling | ||||||
| 14 | games conducted on a riverboat or in a casino or electronic | ||||||
| 15 | gaming
facility licensed under the Illinois Gambling Act | ||||||
| 16 | must withhold Illinois income tax from such payment at a
| ||||||
| 17 | rate equal to the percentage tax rate for individuals | ||||||
| 18 | provided in subsection (b) of Section 201, provided that
| ||||||
| 19 | the person making the payment is required to withhold under | ||||||
| 20 | Section 3402(q) of the Internal Revenue Code. | ||||||
| 21 | (b) Credit for taxes withheld. Any amount withheld under | ||||||
| 22 | Subsection (a)
shall be a credit against the Illinois income | ||||||
| 23 | tax liability of the person
to whom the payment of winnings was | ||||||
| 24 | made for the taxable year in which that
person incurred an | ||||||
| 25 | Illinois income tax liability with respect to those winnings.
| ||||||
| 26 | (Source: P.A. 98-496, eff. 1-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | Section 90-23. The Property Tax Code is amended by adding | ||||||
| 2 | Section 15-144 as follows:
| ||||||
| 3 | (35 ILCS 200/15-144 new) | ||||||
| 4 | Sec. 15-144. Chicago Casino Development Authority. All | ||||||
| 5 | property owned by the Chicago Casino Development Authority is | ||||||
| 6 | exempt. Any property owned by the Chicago Casino Development | ||||||
| 7 | Authority and leased to any other entity is not exempt.
| ||||||
| 8 | Section 90-24. The Illinois Municipal Code is amended by | ||||||
| 9 | adding Section 8-10-2.6 as follows:
| ||||||
| 10 | (65 ILCS 5/8-10-2.6 new) | ||||||
| 11 | Sec. 8-10-2.6. Chicago Casino Development Authority. | ||||||
| 12 | Except as otherwise provided in the Chicago Casino Development | ||||||
| 13 | Authority Act, this Division 10 applies to purchase orders and | ||||||
| 14 | contracts relating to the Chicago Casino Development | ||||||
| 15 | Authority.
| ||||||
| 16 | Section 90-25. The Joliet Regional Port District Act is | ||||||
| 17 | amended by changing Section 5.1 as follows:
| ||||||
| 18 | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
| ||||||
| 19 | Sec. 5.1. Riverboat and casino gambling. Notwithstanding | ||||||
| 20 | any other provision of
this Act, the District may not regulate | ||||||
| |||||||
| |||||||
| 1 | the operation, conduct, or
navigation of any riverboat gambling | ||||||
| 2 | casino licensed under the Illinois Riverboat
Gambling Act, and | ||||||
| 3 | the District
may not license, tax, or otherwise levy any | ||||||
| 4 | assessment of any kind on
any riverboat gambling casino | ||||||
| 5 | licensed under the Illinois Riverboat Gambling Act. The
General | ||||||
| 6 | Assembly declares that the powers to regulate the operation,
| ||||||
| 7 | conduct, and navigation of riverboat gambling casinos and to | ||||||
| 8 | license, tax,
and levy assessments upon riverboat gambling | ||||||
| 9 | casinos are exclusive powers of
the State of Illinois and the | ||||||
| 10 | Illinois Gaming Board as provided in the
Illinois Riverboat | ||||||
| 11 | Gambling Act.
| ||||||
| 12 | (Source: P.A. 87-1175.)
| ||||||
| 13 | Section 90-30. The Consumer Installment Loan Act is amended | ||||||
| 14 | by changing Section 12.5 as follows:
| ||||||
| 15 | (205 ILCS 670/12.5)
| ||||||
| 16 | Sec. 12.5. Limited purpose branch.
| ||||||
| 17 | (a) Upon the written approval of the Director, a licensee | ||||||
| 18 | may maintain a
limited purpose branch for the sole purpose of | ||||||
| 19 | making loans as permitted by
this Act. A limited purpose branch | ||||||
| 20 | may include an automatic loan machine. No
other activity shall | ||||||
| 21 | be conducted at the site, including but not limited to,
| ||||||
| 22 | accepting payments, servicing the accounts, or collections.
| ||||||
| 23 | (b) The licensee must submit an application for a limited | ||||||
| 24 | purpose branch to
the Director on forms prescribed by the | ||||||
| |||||||
| |||||||
| 1 | Director with an application fee of
$300. The approval for the | ||||||
| 2 | limited purpose branch must be renewed concurrently
with the | ||||||
| 3 | renewal of the licensee's license along with a renewal fee of | ||||||
| 4 | $300 for
the limited purpose branch.
| ||||||
| 5 | (c) The books, accounts, records, and files of the limited | ||||||
| 6 | purpose branch's
transactions shall be maintained at the | ||||||
| 7 | licensee's licensed location. The
licensee shall notify the | ||||||
| 8 | Director of the licensed location at which the books,
accounts, | ||||||
| 9 | records, and files shall be maintained.
| ||||||
| 10 | (d) The licensee shall prominently display at the limited | ||||||
| 11 | purpose branch the
address and telephone number of the | ||||||
| 12 | licensee's licensed location.
| ||||||
| 13 | (e) No other business shall be conducted at the site of the | ||||||
| 14 | limited purpose
branch unless authorized by the Director.
| ||||||
| 15 | (f) The Director shall make and enforce reasonable rules | ||||||
| 16 | for the conduct of
a limited purpose branch.
| ||||||
| 17 | (g) A limited purpose branch may not be located
within | ||||||
| 18 | 1,000 feet of a facility operated by an inter-track wagering | ||||||
| 19 | licensee or
an organization licensee subject to the Illinois | ||||||
| 20 | Horse Racing Act of 1975,
on a riverboat or in a casino subject | ||||||
| 21 | to
the Illinois Riverboat Gambling Act, or within 1,000 feet of | ||||||
| 22 | the location at which the
riverboat docks or within 1,000 feet | ||||||
| 23 | of a casino.
| ||||||
| 24 | (Source: P.A. 90-437, eff. 1-1-98.)
| ||||||
| 25 | Section 90-35. The Illinois Horse Racing Act of 1975 is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Sections 1.2, 3.11, 3.12, 6, 9, 15, 18, 19, | ||||||
| 2 | 20, 21, 24, 25, 26, 26.8, 26.9, 27, 30, 30.5, 31, 32.1, 36, 40, | ||||||
| 3 | and 54.75 and by adding Sections 3.31, 3.32, 3.33, 3.35, 3.36, | ||||||
| 4 | 34.3, and 56 as follows:
| ||||||
| 5 | (230 ILCS 5/1.2)
| ||||||
| 6 | Sec. 1.2. Legislative intent. This Act is intended to | ||||||
| 7 | benefit the people of the State of Illinois by
encouraging the | ||||||
| 8 | breeding and production of race horses, assisting economic
| ||||||
| 9 | development and promoting Illinois tourism.
The General | ||||||
| 10 | Assembly finds and declares it to be the public policy
of the | ||||||
| 11 | State
of Illinois to:
| ||||||
| 12 | (a) support and enhance Illinois' horse racing industry, | ||||||
| 13 | which is a
significant
component within the agribusiness | ||||||
| 14 | industry;
| ||||||
| 15 | (b) ensure that Illinois' horse racing industry remains | ||||||
| 16 | competitive with
neighboring states;
| ||||||
| 17 | (c) stimulate growth within Illinois' horse racing | ||||||
| 18 | industry, thereby
encouraging
new investment and development | ||||||
| 19 | to produce additional tax revenues and to
create additional | ||||||
| 20 | jobs;
| ||||||
| 21 | (d) promote the further growth of tourism;
| ||||||
| 22 | (e) encourage the breeding of thoroughbred and | ||||||
| 23 | standardbred horses in this
State; and
| ||||||
| 24 | (f) ensure that public confidence and trust in the | ||||||
| 25 | credibility and integrity
of
racing operations and the | ||||||
| |||||||
| |||||||
| 1 | regulatory process is maintained.
| ||||||
| 2 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
| 3 | (230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
| ||||||
| 4 | Sec. 3.11.
"Organization Licensee" means any person | ||||||
| 5 | receiving
an organization license from the Board to conduct a | ||||||
| 6 | race meeting or meetings. With respect only to electronic | ||||||
| 7 | gaming, "organization licensee" includes the authorization for | ||||||
| 8 | an electronic gaming license under subsection (a) of Section 56 | ||||||
| 9 | of this Act.
| ||||||
| 10 | (Source: P.A. 79-1185.)
| ||||||
| 11 | (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
| ||||||
| 12 | Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel | ||||||
| 13 | system of
wagering" means a form of wagering on the outcome of
| ||||||
| 14 | horse races in which
wagers are made in various
denominations | ||||||
| 15 | on a horse or horses
and
all wagers for each race are pooled | ||||||
| 16 | and held by a licensee
for distribution in a manner approved by | ||||||
| 17 | the Board. "Pari-mutuel system of wagering" shall not include | ||||||
| 18 | wagering on historic races. Wagers may be placed via any method | ||||||
| 19 | or at any location authorized under this Act.
| ||||||
| 20 | (Source: P.A. 96-762, eff. 8-25-09.)
| ||||||
| 21 | (230 ILCS 5/3.31 new) | ||||||
| 22 | Sec. 3.31. Adjusted gross receipts. "Adjusted gross | ||||||
| 23 | receipts" means the gross receipts less winnings paid to | ||||||
| |||||||
| |||||||
| 1 | wagerers.
| ||||||
| 2 | (230 ILCS 5/3.32 new) | ||||||
| 3 | Sec. 3.32. Gross receipts. "Gross receipts" means the total | ||||||
| 4 | amount of money exchanged for the purchase of chips, tokens, or | ||||||
| 5 | electronic cards by riverboat or casino patrons or electronic | ||||||
| 6 | gaming patrons.
| ||||||
| 7 | (230 ILCS 5/3.33 new) | ||||||
| 8 | Sec. 3.33. Electronic gaming. "Electronic gaming" means | ||||||
| 9 | slot machine gambling, video game of chance gambling, or | ||||||
| 10 | gambling with electronic gambling games as defined in the | ||||||
| 11 | Illinois Gambling Act or defined by the Illinois Gaming Board | ||||||
| 12 | that is conducted at a race track pursuant to an electronic | ||||||
| 13 | gaming license.
| ||||||
| 14 | (230 ILCS 5/3.35 new) | ||||||
| 15 | Sec. 3.35. Electronic gaming license. "Electronic gaming | ||||||
| 16 | license" means a license issued by the Illinois Gaming Board | ||||||
| 17 | under Section 7.7 of the Illinois Gambling Act authorizing | ||||||
| 18 | electronic gaming at an electronic gaming facility.
| ||||||
| 19 | (230 ILCS 5/3.36 new) | ||||||
| 20 | Sec. 3.36. Electronic gaming facility. "Electronic gaming | ||||||
| 21 | facility" means that portion of an organization licensee's race | ||||||
| 22 | track facility at which electronic gaming is conducted.
| ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 5/6) (from Ch. 8, par. 37-6)
| ||||||
| 2 | Sec. 6. Restrictions on Board members. | ||||||
| 3 | (a) No person shall be appointed a member of the Board or | ||||||
| 4 | continue to be a member of the Board if the person or any | ||||||
| 5 | member of their immediate family is a member of the Board of | ||||||
| 6 | Directors, employee, or financially interested in any of the | ||||||
| 7 | following: (i) any licensee or other person who has applied for | ||||||
| 8 | racing dates to the Board, or the operations thereof including, | ||||||
| 9 | but not limited to, concessions, data processing, track | ||||||
| 10 | maintenance, track security, and pari-mutuel operations, | ||||||
| 11 | located, scheduled or doing business within the State of | ||||||
| 12 | Illinois, (ii) any race horse competing at a meeting under the | ||||||
| 13 | Board's jurisdiction, or (iii) any licensee under the Illinois | ||||||
| 14 | Gambling Act. No person shall be appointed a member of the | ||||||
| 15 | Board or continue
to be
a member of the Board who is (or any | ||||||
| 16 | member of whose family is) a member of the
Board of Directors | ||||||
| 17 | of, or who is a person financially interested in, any
licensee | ||||||
| 18 | or other person who has applied for racing dates to the
Board, | ||||||
| 19 | or the operations thereof including, but not
limited to, | ||||||
| 20 | concessions, data
processing, track maintenance, track | ||||||
| 21 | security and pari-mutuel operations,
located, scheduled
or | ||||||
| 22 | doing business within the State of Illinois, or in any race | ||||||
| 23 | horse competing
at a meeting
under the Board's jurisdiction. No | ||||||
| 24 | Board member shall hold any other public
office for which he
| ||||||
| 25 | shall receive compensation other than necessary travel or other | ||||||
| |||||||
| |||||||
| 1 | incidental
expenses.
| ||||||
| 2 | (b) No person shall be a member of the Board who is not of | ||||||
| 3 | good moral
character or who
has been convicted of, or is under | ||||||
| 4 | indictment for, a felony under the laws
of Illinois or any
| ||||||
| 5 | other state, or the United States.
| ||||||
| 6 | (c) No member of the Board or employee shall engage in any | ||||||
| 7 | political activity. | ||||||
| 8 | For the purposes of this subsection (c): | ||||||
| 9 | "Political" means any activity in support of or in | ||||||
| 10 | connection with any campaign for State or local elective office | ||||||
| 11 | or any political organization, but does not include activities | ||||||
| 12 | (i) relating to the support or opposition of any executive, | ||||||
| 13 | legislative, or administrative action (as those terms are | ||||||
| 14 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
| 15 | relating to collective bargaining, or (iii) that are otherwise | ||||||
| 16 | in furtherance of the person's official State duties or | ||||||
| 17 | governmental and public service functions. | ||||||
| 18 | "Political organization" means a party, committee, | ||||||
| 19 | association, fund, or other organization (whether or not | ||||||
| 20 | incorporated) that is required to file a statement of | ||||||
| 21 | organization with the State Board of Elections or county clerk | ||||||
| 22 | under Section 9-3 of the Election Code, but only with regard to | ||||||
| 23 | those activities that require filing with the State Board of | ||||||
| 24 | Elections or county clerk. | ||||||
| 25 | (d) Board members and employees may not engage in | ||||||
| 26 | communications or any activity that may cause or have the | ||||||
| |||||||
| |||||||
| 1 | appearance of causing a conflict of interest. A conflict of | ||||||
| 2 | interest exists if a situation influences or creates the | ||||||
| 3 | appearance that it may influence judgment or performance of | ||||||
| 4 | regulatory duties and responsibilities. This prohibition shall | ||||||
| 5 | extend to any act identified by Board action that, in the | ||||||
| 6 | judgment of the Board, could represent the potential for or the | ||||||
| 7 | appearance of a conflict of interest. | ||||||
| 8 | (e) Board members and employees may not accept any gift, | ||||||
| 9 | gratuity, service, compensation, travel, lodging, or thing of | ||||||
| 10 | value, with the exception of unsolicited items of an incidental | ||||||
| 11 | nature, from any person, corporation, limited liability | ||||||
| 12 | company, or entity doing business with the Board. | ||||||
| 13 | (f) A Board member or employee shall not use or attempt to | ||||||
| 14 | use his or her official position to secure, or attempt to | ||||||
| 15 | secure, any privilege, advantage, favor, or influence for | ||||||
| 16 | himself or herself or others. No Board member or employee, | ||||||
| 17 | within a period of one year immediately preceding nomination by | ||||||
| 18 | the Governor or employment, shall have been employed or | ||||||
| 19 | received compensation or fees for services from a person or | ||||||
| 20 | entity, or its parent or affiliate, that has engaged in | ||||||
| 21 | business with the Board, a licensee or a licensee under the | ||||||
| 22 | Illinois Gambling Act. In addition, all Board members and | ||||||
| 23 | employees are subject to the restrictions set forth in Section | ||||||
| 24 | 5-45 of the State Officials and Employees Ethics Act. | ||||||
| 25 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| ||||||
| 2 | Sec. 9.
The Board shall have all powers necessary and | ||||||
| 3 | proper to fully and
effectively execute the provisions of this | ||||||
| 4 | Act, including, but not
limited to, the following:
| ||||||
| 5 | (a) The Board is vested with jurisdiction and supervision | ||||||
| 6 | over all race
meetings in this State, over all licensees doing | ||||||
| 7 | business
in this
State, over all occupation licensees, and over | ||||||
| 8 | all persons on the
facilities of any licensee. Such | ||||||
| 9 | jurisdiction shall
include the power to issue licenses to the | ||||||
| 10 | Illinois Department of
Agriculture authorizing the pari-mutuel | ||||||
| 11 | system of wagering
on harness and Quarter Horse races held (1) | ||||||
| 12 | at the Illinois State Fair in
Sangamon County, and (2) at the | ||||||
| 13 | DuQuoin State Fair in Perry County. The
jurisdiction of the | ||||||
| 14 | Board shall also include the power to issue licenses to
county | ||||||
| 15 | fairs which are eligible to receive funds pursuant to the
| ||||||
| 16 | Agricultural Fair Act, as now or hereafter amended, or their | ||||||
| 17 | agents,
authorizing the pari-mutuel system of wagering on horse
| ||||||
| 18 | races
conducted at the county fairs receiving such licenses. | ||||||
| 19 | Such licenses shall be
governed by subsection (n) of this | ||||||
| 20 | Section.
| ||||||
| 21 | Upon application, the Board shall issue a license to the | ||||||
| 22 | Illinois Department
of Agriculture to conduct harness and | ||||||
| 23 | Quarter Horse races at the Illinois State
Fair and at the | ||||||
| 24 | DuQuoin State Fairgrounds
during the scheduled dates of each | ||||||
| 25 | fair. The Board shall not require and the
Department of | ||||||
| 26 | Agriculture shall be exempt from the requirements of Sections
| ||||||
| |||||||
| |||||||
| 1 | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | ||||||
| 2 | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | ||||||
| 3 | and 25. The Board and the Department
of
Agriculture may extend | ||||||
| 4 | any or all of these exemptions to any contractor or
agent | ||||||
| 5 | engaged by the Department of Agriculture to conduct its race | ||||||
| 6 | meetings
when the Board determines that this would best serve | ||||||
| 7 | the public interest and
the interest of horse racing.
| ||||||
| 8 | Notwithstanding any provision of law to the contrary, it | ||||||
| 9 | shall be lawful for
any licensee to operate pari-mutuel | ||||||
| 10 | wagering
or
contract with the Department of Agriculture to | ||||||
| 11 | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | ||||||
| 12 | or for the Department to enter into contracts
with a licensee, | ||||||
| 13 | employ its owners,
employees
or
agents and employ such other | ||||||
| 14 | occupation licensees as the Department deems
necessary in | ||||||
| 15 | connection with race meetings and wagerings.
| ||||||
| 16 | (b) The Board is vested with the full power to promulgate | ||||||
| 17 | reasonable
rules and regulations for the purpose of | ||||||
| 18 | administering the provisions of
this Act and to prescribe | ||||||
| 19 | reasonable rules, regulations and conditions
under which all | ||||||
| 20 | horse race meetings or wagering in the State shall be
| ||||||
| 21 | conducted. Such reasonable rules and regulations are to provide | ||||||
| 22 | for the
prevention of practices detrimental to the public | ||||||
| 23 | interest and to promote the best
interests of horse racing and | ||||||
| 24 | to impose penalties for violations thereof.
| ||||||
| 25 | (c) The Board, and any person or persons to whom it | ||||||
| 26 | delegates
this power, is vested with the power to enter the | ||||||
| |||||||
| |||||||
| 1 | facilities and other places of business of any licensee to | ||||||
| 2 | determine whether there has been compliance with
the provisions | ||||||
| 3 | of this Act and its rules and regulations.
| ||||||
| 4 | (d) The Board, and any person or persons to whom it | ||||||
| 5 | delegates this
power, is vested with the authority to | ||||||
| 6 | investigate alleged violations of
the provisions of this Act, | ||||||
| 7 | its reasonable rules and regulations, orders
and final | ||||||
| 8 | decisions; the Board shall take appropriate disciplinary | ||||||
| 9 | action
against any licensee or occupation licensee for | ||||||
| 10 | violation
thereof or
institute appropriate legal action for the | ||||||
| 11 | enforcement thereof.
| ||||||
| 12 | (e) The Board, and any person or persons to whom it | ||||||
| 13 | delegates this power,
may eject or exclude from any race | ||||||
| 14 | meeting or
the facilities of any licensee, or any part
thereof, | ||||||
| 15 | any occupation licensee or any
other individual whose conduct | ||||||
| 16 | or reputation is such that his presence on
those facilities | ||||||
| 17 | may, in the opinion of the Board, call into question
the | ||||||
| 18 | honesty and integrity of horse racing or wagering or interfere | ||||||
| 19 | with the
orderly
conduct of horse racing or wagering; provided, | ||||||
| 20 | however, that no person
shall be
excluded or ejected from the | ||||||
| 21 | facilities of any licensee solely on the grounds of
race, | ||||||
| 22 | color, creed, national origin, ancestry, or sex. The power to | ||||||
| 23 | eject
or exclude an occupation licensee or other individual may
| ||||||
| 24 | be exercised for just cause by the licensee or the Board, | ||||||
| 25 | subject to subsequent hearing by the
Board as to the propriety | ||||||
| 26 | of said exclusion.
| ||||||
| |||||||
| |||||||
| 1 | (f) The Board is vested with the power to acquire,
| ||||||
| 2 | establish, maintain and operate (or provide by contract to
| ||||||
| 3 | maintain and operate) testing laboratories and related | ||||||
| 4 | facilities,
for the purpose of conducting saliva, blood, urine | ||||||
| 5 | and other tests on the
horses run or to be run in any horse race | ||||||
| 6 | meeting, including races run at county fairs, and to purchase | ||||||
| 7 | all
equipment and supplies deemed necessary or desirable in | ||||||
| 8 | connection with
any such testing laboratories and related | ||||||
| 9 | facilities and all such tests.
| ||||||
| 10 | (g) The Board may require that the records, including | ||||||
| 11 | financial or other
statements of any licensee or any person | ||||||
| 12 | affiliated with the licensee who is
involved directly or | ||||||
| 13 | indirectly in the activities of any licensee as regulated
under | ||||||
| 14 | this Act to the extent that those financial or other statements | ||||||
| 15 | relate to
such activities be kept in
such manner as prescribed | ||||||
| 16 | by the Board, and that Board employees shall have
access to | ||||||
| 17 | those records during reasonable business
hours. Within 120 days | ||||||
| 18 | of the end of its fiscal year, each licensee shall
transmit to
| ||||||
| 19 | the Board
an audit of the financial transactions and condition | ||||||
| 20 | of the licensee's total
operations. All audits shall be | ||||||
| 21 | conducted by certified public accountants.
Each certified | ||||||
| 22 | public accountant must be registered in the State of Illinois
| ||||||
| 23 | under the Illinois Public Accounting Act. The compensation for | ||||||
| 24 | each certified
public accountant shall be paid directly by the | ||||||
| 25 | licensee to the certified
public accountant. A licensee shall | ||||||
| 26 | also submit any other financial or related
information the | ||||||
| |||||||
| |||||||
| 1 | Board deems necessary to effectively administer this Act and
| ||||||
| 2 | all rules, regulations, and final decisions promulgated under | ||||||
| 3 | this Act.
| ||||||
| 4 | (h) The Board shall name and appoint in the manner provided | ||||||
| 5 | by the rules
and regulations of the Board: an Executive | ||||||
| 6 | Director; a State director
of mutuels; State veterinarians and | ||||||
| 7 | representatives to take saliva, blood,
urine and other tests on | ||||||
| 8 | horses; licensing personnel; revenue
inspectors; and State | ||||||
| 9 | seasonal employees (excluding admission ticket
sellers and | ||||||
| 10 | mutuel clerks). All of those named and appointed as provided
in | ||||||
| 11 | this subsection shall serve during the pleasure of the Board; | ||||||
| 12 | their
compensation shall be determined by the Board and be paid | ||||||
| 13 | in the same
manner as other employees of the Board under this | ||||||
| 14 | Act.
| ||||||
| 15 | (i) The Board shall require that there shall be 3 stewards | ||||||
| 16 | at each horse
race meeting, at least 2 of whom shall be named | ||||||
| 17 | and appointed by the Board.
Stewards appointed or approved by | ||||||
| 18 | the Board, while performing duties
required by this Act or by | ||||||
| 19 | the Board, shall be entitled to the same rights
and immunities | ||||||
| 20 | as granted to Board members and Board employees in Section
10 | ||||||
| 21 | of this Act.
| ||||||
| 22 | (j) The Board may discharge any Board employee
who fails or | ||||||
| 23 | refuses for any reason to comply with the rules and
regulations | ||||||
| 24 | of the Board, or who, in the opinion of the Board,
is guilty of | ||||||
| 25 | fraud, dishonesty or who is proven to be incompetent.
The Board | ||||||
| 26 | shall have no right or power to determine who shall be | ||||||
| |||||||
| |||||||
| 1 | officers,
directors or employees of any licensee, or their | ||||||
| 2 | salaries
except the Board may, by rule, require that all or any | ||||||
| 3 | officials or
employees in charge of or whose duties relate to | ||||||
| 4 | the actual running of
races be approved by the Board.
| ||||||
| 5 | (k) The Board is vested with the power to appoint
delegates | ||||||
| 6 | to execute any of the powers granted to it under this Section
| ||||||
| 7 | for the purpose of administering this Act and any rules or | ||||||
| 8 | regulations
promulgated in accordance with this Act.
| ||||||
| 9 | (l) The Board is vested with the power to impose civil | ||||||
| 10 | penalties of up to
$5,000 against an individual and up to | ||||||
| 11 | $10,000 against a
licensee for each
violation of any provision | ||||||
| 12 | of this Act, any rules adopted by the Board, any
order of the | ||||||
| 13 | Board or any other action which, in the Board's discretion, is
| ||||||
| 14 | a detriment or impediment to horse racing or wagering. | ||||||
| 15 | Beginning on the date when any organization licensee begins | ||||||
| 16 | conducting electronic gaming pursuant to an electronic gaming | ||||||
| 17 | license issued under the Illinois Gambling Act, the power | ||||||
| 18 | granted to the Board pursuant to this subsection (l) shall | ||||||
| 19 | authorize the Board to impose penalties of up to $10,000 | ||||||
| 20 | against an individual and up to $25,000 against a licensee. All | ||||||
| 21 | such civil penalties shall be deposited into the Horse Racing | ||||||
| 22 | Fund.
| ||||||
| 23 | (m) The Board is vested with the power to prescribe a form | ||||||
| 24 | to be used
by licensees as an application for employment for | ||||||
| 25 | employees of
each licensee.
| ||||||
| 26 | (n) The Board shall have the power to issue a license
to | ||||||
| |||||||
| |||||||
| 1 | any county fair, or its
agent, authorizing the conduct of the | ||||||
| 2 | pari-mutuel system of
wagering. The Board is vested with the | ||||||
| 3 | full power to promulgate
reasonable rules, regulations and | ||||||
| 4 | conditions under which all horse race
meetings licensed | ||||||
| 5 | pursuant to this subsection shall be held and conducted,
| ||||||
| 6 | including rules, regulations and conditions for the conduct of | ||||||
| 7 | the
pari-mutuel system of wagering. The rules, regulations and
| ||||||
| 8 | conditions shall provide for the prevention of practices | ||||||
| 9 | detrimental to the
public interest and for the best interests | ||||||
| 10 | of horse racing, and shall
prescribe penalties for violations | ||||||
| 11 | thereof. Any authority granted the
Board under this Act shall | ||||||
| 12 | extend to its jurisdiction and supervision over
county fairs, | ||||||
| 13 | or their agents, licensed pursuant to this subsection.
However, | ||||||
| 14 | the Board may waive any provision of this Act or its rules or
| ||||||
| 15 | regulations which would otherwise apply to such county fairs or | ||||||
| 16 | their agents.
| ||||||
| 17 | (o) Whenever the Board is authorized or
required by law to | ||||||
| 18 | consider some aspect of criminal history record
information for | ||||||
| 19 | the purpose of carrying out its statutory powers and
| ||||||
| 20 | responsibilities, then, upon request and payment of fees in | ||||||
| 21 | conformance
with the requirements of Section 2605-400 of
the | ||||||
| 22 | Department of State Police Law (20 ILCS 2605/2605-400), the | ||||||
| 23 | Department of State Police is
authorized to furnish, pursuant | ||||||
| 24 | to positive identification, such
information contained in | ||||||
| 25 | State files as is necessary to fulfill the request.
| ||||||
| 26 | (p) To insure the convenience, comfort, and wagering | ||||||
| |||||||
| |||||||
| 1 | accessibility of
race track patrons, to provide for the | ||||||
| 2 | maximization of State revenue, and
to generate increases in | ||||||
| 3 | purse allotments to the horsemen, the Board shall
require any | ||||||
| 4 | licensee to staff the pari-mutuel department with
adequate | ||||||
| 5 | personnel.
| ||||||
| 6 | (Source: P.A. 97-1060, eff. 8-24-12.)
| ||||||
| 7 | (230 ILCS 5/15) (from Ch. 8, par. 37-15)
| ||||||
| 8 | Sec. 15.
(a) The Board shall, in its discretion, issue | ||||||
| 9 | occupation
licenses
to horse owners, trainers, harness | ||||||
| 10 | drivers, jockeys, agents, apprentices,
grooms, stable foremen, | ||||||
| 11 | exercise persons, veterinarians, valets, blacksmiths,
| ||||||
| 12 | concessionaires and others designated by the Board whose work, | ||||||
| 13 | in whole or in
part, is conducted upon facilities within the | ||||||
| 14 | State. Such occupation licenses
will
be obtained prior to the
| ||||||
| 15 | persons engaging in their vocation upon such facilities. The
| ||||||
| 16 | Board shall not license pari-mutuel clerks, parking | ||||||
| 17 | attendants, security
guards and employees of concessionaires. | ||||||
| 18 | No occupation license shall be
required of
any person who works | ||||||
| 19 | at facilities within this
State as a pari-mutuel
clerk, parking | ||||||
| 20 | attendant, security guard or as an employee of a | ||||||
| 21 | concessionaire.
Concessionaires of the Illinois State Fair and | ||||||
| 22 | DuQuoin State Fair and
employees of the Illinois Department of | ||||||
| 23 | Agriculture shall not be required to
obtain an occupation | ||||||
| 24 | license by the Board.
| ||||||
| 25 | (b) Each application for an occupation license shall be on | ||||||
| |||||||
| |||||||
| 1 | forms
prescribed by the Board. Such license, when issued, shall | ||||||
| 2 | be for the
period ending December 31 of each year, except that | ||||||
| 3 | the Board in its
discretion may grant 3-year licenses. The | ||||||
| 4 | application shall
be accompanied
by a fee of not more than $25 | ||||||
| 5 | per year
or, in the case of 3-year occupation
license
| ||||||
| 6 | applications, a fee of not more than $60. Each applicant shall | ||||||
| 7 | set forth in
the application his full name and address, and if | ||||||
| 8 | he had been issued prior
occupation licenses or has been | ||||||
| 9 | licensed in any other state under any other
name, such name, | ||||||
| 10 | his age, whether or not a permit or license issued to him
in | ||||||
| 11 | any other state has been suspended or revoked and if so whether | ||||||
| 12 | such
suspension or revocation is in effect at the time of the | ||||||
| 13 | application, and
such other information as the Board may | ||||||
| 14 | require. Fees for registration of
stable names shall not exceed | ||||||
| 15 | $50.00. Beginning on the date when any organization licensee | ||||||
| 16 | begins conducting electronic gaming pursuant to an electronic | ||||||
| 17 | gambling license issued under the Illinois Gambling Act, the | ||||||
| 18 | fee for registration of stable names shall not exceed $150, and | ||||||
| 19 | the application fee for an occupation license shall not exceed | ||||||
| 20 | $75, per year or, in the case of a 3-year occupation license | ||||||
| 21 | application, the fee shall not exceed $180.
| ||||||
| 22 | (c) The Board may in its discretion refuse an occupation | ||||||
| 23 | license
to any person:
| ||||||
| 24 | (1) who has been convicted of a crime;
| ||||||
| 25 | (2) who is unqualified to perform the duties required | ||||||
| 26 | of such applicant;
| ||||||
| |||||||
| |||||||
| 1 | (3) who fails to disclose or states falsely any | ||||||
| 2 | information called for
in the application;
| ||||||
| 3 | (4) who has been found guilty of a violation of this | ||||||
| 4 | Act or of the rules
and regulations of the Board; or
| ||||||
| 5 | (5) whose license or permit has been suspended, revoked | ||||||
| 6 | or denied for just
cause in any other state.
| ||||||
| 7 | (d) The Board may suspend or revoke any occupation license:
| ||||||
| 8 | (1) for violation of any of the provisions of this Act; | ||||||
| 9 | or
| ||||||
| 10 | (2) for violation of any of the rules or regulations of | ||||||
| 11 | the Board; or
| ||||||
| 12 | (3) for any cause which, if known to the Board, would | ||||||
| 13 | have justified the
Board in refusing to issue such | ||||||
| 14 | occupation license; or
| ||||||
| 15 | (4) for any other just cause.
| ||||||
| 16 | (e)
Each applicant shall submit his or her fingerprints | ||||||
| 17 | to the
Department
of State Police in the form and manner | ||||||
| 18 | prescribed by the Department of State
Police. These | ||||||
| 19 | fingerprints shall be checked against the fingerprint records
| ||||||
| 20 | now and hereafter filed in the Department of State
Police and | ||||||
| 21 | Federal Bureau of Investigation criminal history records
| ||||||
| 22 | databases. The Department of State Police shall charge
a fee | ||||||
| 23 | for conducting the criminal history records check, which shall | ||||||
| 24 | be
deposited in the State Police Services Fund and shall not | ||||||
| 25 | exceed the actual
cost of the records check. The Department of | ||||||
| 26 | State Police shall furnish,
pursuant to positive | ||||||
| |||||||
| |||||||
| 1 | identification, records of conviction to the Board.
Each | ||||||
| 2 | applicant for licensure shall submit with his occupation
| ||||||
| 3 | license
application, on forms provided by the Board, 2 sets of | ||||||
| 4 | his fingerprints.
All such applicants shall appear in person at | ||||||
| 5 | the location designated by
the Board for the purpose of | ||||||
| 6 | submitting such sets of fingerprints; however,
with the prior | ||||||
| 7 | approval of a State steward, an applicant may have such sets
of | ||||||
| 8 | fingerprints taken by an official law enforcement agency and | ||||||
| 9 | submitted to
the Board.
| ||||||
| 10 | (f) The Board may, in its discretion, issue an occupation | ||||||
| 11 | license without
submission of fingerprints if an applicant has | ||||||
| 12 | been duly licensed in another
recognized racing jurisdiction | ||||||
| 13 | after submitting fingerprints that were
subjected to a Federal | ||||||
| 14 | Bureau of Investigation criminal history background
check
in
| ||||||
| 15 | that jurisdiction.
| ||||||
| 16 | (g) Beginning on the date when any organization licensee | ||||||
| 17 | begins conducting electronic gambling pursuant to an | ||||||
| 18 | electronic gaming license issued under the Illinois Gambling | ||||||
| 19 | Act, the Board may charge each applicant a reasonable | ||||||
| 20 | non-refundable fee to defray the costs associated with the | ||||||
| 21 | background investigation conducted by the Board. This fee shall | ||||||
| 22 | be exclusive of any other fee or fees charged in connection | ||||||
| 23 | with an application for and, if applicable, the issuance of, an | ||||||
| 24 | electronic gaming license. If the costs of the investigation | ||||||
| 25 | exceed the amount of the fee charged, the Board shall | ||||||
| 26 | immediately notify the applicant of the additional amount owed, | ||||||
| |||||||
| |||||||
| 1 | payment of which must be submitted to the Board within 7 days | ||||||
| 2 | after such notification. All information, records, interviews, | ||||||
| 3 | reports, statements, memoranda, or other data supplied to or | ||||||
| 4 | used by the Board in the course of its review or investigation | ||||||
| 5 | of an applicant for a license or renewal under this Act shall | ||||||
| 6 | be privileged, strictly confidential, and shall be used only | ||||||
| 7 | for the purpose of evaluating an applicant for a license or a | ||||||
| 8 | renewal. Such information, records, interviews, reports, | ||||||
| 9 | statements, memoranda, or other data shall not be admissible as | ||||||
| 10 | evidence, nor discoverable, in any action of any kind in any | ||||||
| 11 | court or before any tribunal, board, agency, or person, except | ||||||
| 12 | for any action deemed necessary by the Board. | ||||||
| 13 | (Source: P.A. 93-418, eff. 1-1-04.)
| ||||||
| 14 | (230 ILCS 5/18) (from Ch. 8, par. 37-18)
| ||||||
| 15 | Sec. 18.
(a) Together with its application, each applicant | ||||||
| 16 | for racing dates
shall deliver to the Board a certified check | ||||||
| 17 | or bank draft payable to the order
of the Board for $1,000. In | ||||||
| 18 | the event the applicant applies for racing dates
in 2 or 3 | ||||||
| 19 | successive calendar years as provided in subsection (b) of | ||||||
| 20 | Section
21, the fee shall be $2,000. Filing fees shall not be | ||||||
| 21 | refunded in the event
the application is denied. Beginning on | ||||||
| 22 | the date when any organization licensee begins conducting | ||||||
| 23 | electronic gaming pursuant to an electronic gaming license | ||||||
| 24 | issued under the Illinois Gambling Act, the application fee for | ||||||
| 25 | racing dates imposed by this subsection (a) shall be $10,000 | ||||||
| |||||||
| |||||||
| 1 | and the application fee for racing dates in 2 or 3 successive | ||||||
| 2 | calendar years as provided in subsection (b) of Section 21 | ||||||
| 3 | shall be $20,000. All filing fees shall be deposited into the | ||||||
| 4 | Horse Racing Fund.
| ||||||
| 5 | (b) In addition to the filing fee imposed by subsection (a) | ||||||
| 6 | of $1000 and the fees provided in
subsection (j) of Section 20, | ||||||
| 7 | each organization licensee shall pay a license
fee of $100 for | ||||||
| 8 | each racing program on which its daily pari-mutuel handle is
| ||||||
| 9 | $400,000 or more but less than $700,000, and a license fee of | ||||||
| 10 | $200 for each
racing program on which its daily pari-mutuel | ||||||
| 11 | handle is $700,000 or more.
The
additional fees required to be | ||||||
| 12 | paid under this Section by this amendatory Act
of 1982 shall be | ||||||
| 13 | remitted by the organization licensee to the Illinois Racing
| ||||||
| 14 | Board with each day's graduated privilege tax or pari-mutuel | ||||||
| 15 | tax and
breakage as provided under
Section 27. Beginning on the | ||||||
| 16 | date when any organization licensee begins conducting | ||||||
| 17 | electronic gaming pursuant to an electronic gaming license | ||||||
| 18 | issued under the Illinois Gambling Act, the license fee imposed | ||||||
| 19 | by this subsection (b) shall be $200 for each racing program on | ||||||
| 20 | which the organization licensee's daily pari-mutuel handle is | ||||||
| 21 | $100,000 or more, but less than $400,000, and the license fee | ||||||
| 22 | imposed by this subsection (b) shall be $400 for each racing | ||||||
| 23 | program on which the organization licensee's daily pari-mutuel | ||||||
| 24 | handle is $400,000 or more.
| ||||||
| 25 | (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois | ||||||
| 26 | Municipal Code,"
approved May 29, 1961, as now or hereafter | ||||||
| |||||||
| |||||||
| 1 | amended, shall not apply to any
license under this Act.
| ||||||
| 2 | (Source: P.A. 97-1060, eff. 8-24-12.)
| ||||||
| 3 | (230 ILCS 5/19) (from Ch. 8, par. 37-19)
| ||||||
| 4 | Sec. 19.
(a) No organization license may be granted to | ||||||
| 5 | conduct a
horse race meeting:
| ||||||
| 6 | (1) except as provided in subsection (c) of Section 21 | ||||||
| 7 | of this Act,
to any person at any place within 35 miles of | ||||||
| 8 | any other place
licensed by the Board to hold a race | ||||||
| 9 | meeting on the same date during the
same hours,
the mileage
| ||||||
| 10 | measurement used in this subsection (a) shall be certified | ||||||
| 11 | to the Board by
the Bureau of
Systems and Services in the | ||||||
| 12 | Illinois Department of Transportation as the
most commonly | ||||||
| 13 | used public way of vehicular travel;
| ||||||
| 14 | (2) to any person in default in the payment of any | ||||||
| 15 | obligation or
debt due the State under this Act, provided | ||||||
| 16 | no applicant shall be deemed
in default in the payment of | ||||||
| 17 | any obligation or debt due to the State
under this Act as | ||||||
| 18 | long as there is pending a hearing of any kind
relevant to | ||||||
| 19 | such matter;
| ||||||
| 20 | (3) to any person who has been convicted of the | ||||||
| 21 | violation of any law
of the United States or any State law | ||||||
| 22 | which provided as all or part of
its penalty imprisonment | ||||||
| 23 | in any penal institution; to any person against
whom there | ||||||
| 24 | is pending a Federal or State criminal charge; to any | ||||||
| 25 | person
who is or has been connected with or engaged in the | ||||||
| |||||||
| |||||||
| 1 | operation of any
illegal business; to any person who does | ||||||
| 2 | not enjoy a general reputation
in his community of being an | ||||||
| 3 | honest, upright, law-abiding person;
provided that none of | ||||||
| 4 | the matters set forth in this subparagraph (3)
shall make | ||||||
| 5 | any person ineligible to be granted an organization license
| ||||||
| 6 | if the Board determines, based on circumstances of any such | ||||||
| 7 | case, that
the granting of a license would not be | ||||||
| 8 | detrimental to the interests of
horse racing and of the | ||||||
| 9 | public;
| ||||||
| 10 | (4) to any person who does not at the time of | ||||||
| 11 | application for the
organization license own or have a | ||||||
| 12 | contract or lease for the possession
of a finished race | ||||||
| 13 | track suitable for the type of racing intended to be
held | ||||||
| 14 | by the applicant and for the accommodation of the public.
| ||||||
| 15 | (b) (Blank) Horse racing on Sunday shall be prohibited | ||||||
| 16 | unless authorized by
ordinance or referendum of the | ||||||
| 17 | municipality in which a race track or any
of its appurtenances | ||||||
| 18 | or facilities are located, or utilized.
| ||||||
| 19 | (c) If any person is ineligible to receive an
organization
| ||||||
| 20 | license because of any of the matters set forth in subsection | ||||||
| 21 | (a) (2) or
subsection (a) (3) of this Section, any other or | ||||||
| 22 | separate person that
either (i) controls, directly or | ||||||
| 23 | indirectly, such ineligible person
or (ii) is controlled, | ||||||
| 24 | directly or indirectly, by such ineligible
person or by a | ||||||
| 25 | person which controls, directly or indirectly, such
ineligible | ||||||
| 26 | person shall also be ineligible.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
| ||||||
| 2 | (230 ILCS 5/20) (from Ch. 8, par. 37-20)
| ||||||
| 3 | Sec. 20.
(a) Any person desiring to conduct a horse race | ||||||
| 4 | meeting may
apply to the Board for an organization license. The | ||||||
| 5 | application shall be
made on a form prescribed and furnished by | ||||||
| 6 | the Board. The application shall
specify:
| ||||||
| 7 | (1) the dates on which
it intends to conduct the horse | ||||||
| 8 | race meeting, which
dates shall be provided
under Section | ||||||
| 9 | 21;
| ||||||
| 10 | (2) the hours of each racing day between which it | ||||||
| 11 | intends to
hold or
conduct horse racing at such meeting;
| ||||||
| 12 | (3) the location where it proposes to conduct the
| ||||||
| 13 | meeting; and
| ||||||
| 14 | (4) any other information the Board may reasonably | ||||||
| 15 | require.
| ||||||
| 16 | (b) A separate application for an organization license | ||||||
| 17 | shall be filed
for each horse race meeting
which such person | ||||||
| 18 | proposes to hold. Any such application, if made by an
| ||||||
| 19 | individual, or by any individual as trustee, shall be
signed | ||||||
| 20 | and verified under oath by such individual. If the application | ||||||
| 21 | is
made by individuals, then it shall be signed and verified | ||||||
| 22 | under oath by at least 2 of the individuals; if the application | ||||||
| 23 | is made by or a partnership, it shall be signed and
verified | ||||||
| 24 | under oath by at least 2 of such individuals or members of such
| ||||||
| 25 | partnership as the case may be. If made by an association, a | ||||||
| |||||||
| |||||||
| 1 | corporation, a
corporate trustee, a limited liability company, | ||||||
| 2 | or any other entity, it shall be signed by an authorized | ||||||
| 3 | officer, a partner, a member, or a manager, as the case may be, | ||||||
| 4 | of the entity the president
and attested by the secretary or | ||||||
| 5 | assistant secretary under the seal
of such association, trust | ||||||
| 6 | or corporation if it has a seal, and shall
also be verified | ||||||
| 7 | under oath by one of the signing officers.
| ||||||
| 8 | (c) The application shall specify: | ||||||
| 9 | (1) the name of the
persons, association, trust, or | ||||||
| 10 | corporation making such application; and | ||||||
| 11 | (2) the principal
post office address of the applicant; | ||||||
| 12 | (3) if the applicant is a trustee, the
names and | ||||||
| 13 | addresses of the beneficiaries; if the applicant is a | ||||||
| 14 | corporation, the names and
post office addresses of all | ||||||
| 15 | officers, stockholders and directors; or if
such
| ||||||
| 16 | stockholders hold stock as a nominee or fiduciary, the | ||||||
| 17 | names and post
office addresses of the parties these | ||||||
| 18 | persons, partnerships, corporations, or trusts
who are the | ||||||
| 19 | beneficial owners thereof or who are beneficially | ||||||
| 20 | interested
therein; and if the applicant is a partnership, | ||||||
| 21 | the names and post office addresses of all
partners, | ||||||
| 22 | general or limited; if the applicant is a limited liability | ||||||
| 23 | company, the names and addresses of the manager and | ||||||
| 24 | members; and if the applicant is any other entity, the | ||||||
| 25 | names and addresses of all officers or other authorized | ||||||
| 26 | persons of the entity corporation, the name
of the state of | ||||||
| |||||||
| |||||||
| 1 | its incorporation shall be specified.
| ||||||
| 2 | (d) The applicant shall execute and file with the Board a | ||||||
| 3 | good faith
affirmative action plan to recruit, train, and | ||||||
| 4 | upgrade minorities in all
classifications within the | ||||||
| 5 | association.
| ||||||
| 6 | (e) With such
application there shall be delivered to the | ||||||
| 7 | Board a
certified check or bank draft payable to the order of | ||||||
| 8 | the Board for an
amount equal to $1,000. All applications for
| ||||||
| 9 | the issuance of an organization license shall be filed with the | ||||||
| 10 | Board before
August 1 of the year prior to the year for which | ||||||
| 11 | application is made and shall be acted
upon by the Board at a | ||||||
| 12 | meeting to be held on such date as shall be fixed
by the Board | ||||||
| 13 | during the last 15 days of September of such prior year.
At | ||||||
| 14 | such meeting, the Board shall announce
the award of the racing | ||||||
| 15 | meets, live racing schedule, and designation of host
track to | ||||||
| 16 | the applicants and its approval or disapproval of each
| ||||||
| 17 | application. No announcement shall
be considered binding until | ||||||
| 18 | a formal order is executed by the Board, which
shall be | ||||||
| 19 | executed no later than October 15 of that prior year.
Absent | ||||||
| 20 | the agreement of
the affected organization licensees, the Board | ||||||
| 21 | shall not grant overlapping
race meetings to 2 or more tracks | ||||||
| 22 | that are within 100 miles of each
other to conduct the | ||||||
| 23 | thoroughbred racing.
| ||||||
| 24 | (e-1) In awarding standardbred racing dates for calendar | ||||||
| 25 | year 2018, the Board shall award at least 160 racing dates, and | ||||||
| 26 | each organization licensee shall average at least 10 races for | ||||||
| |||||||
| |||||||
| 1 | each racing date awarded. In awarding standardbred racing dates | ||||||
| 2 | for calendar year 2019, the Board shall award at least 200 | ||||||
| 3 | racing dates, and each organization licensee shall average at | ||||||
| 4 | least 11 races for each racing date awarded. In awarding | ||||||
| 5 | standardbred racing dates for calendar year 2020 and | ||||||
| 6 | thereafter, the Board shall award at least 260 racing dates, | ||||||
| 7 | and each organization licensee shall average at least 11 races | ||||||
| 8 | for each racing date awarded unless a lesser schedule of live | ||||||
| 9 | racing is a result of an agreement with the organization | ||||||
| 10 | representing the largest number of standardbred owners, | ||||||
| 11 | breeders, trainers, drivers, caretakers in the State. | ||||||
| 12 | Standardbred racing conducted in Sangamon County shall not be | ||||||
| 13 | considered races under this subsection (e-1). | ||||||
| 14 | (e-2) In awarding racing dates for calendar year 2018 and | ||||||
| 15 | thereafter, the Board shall award thoroughbred racing days to | ||||||
| 16 | Cook County organization licensees commensurate with these | ||||||
| 17 | organization licensees' requirement that they shall run at | ||||||
| 18 | least 1,950 thoroughbred races in the aggregate, so long as 2 | ||||||
| 19 | organization licensees are conducting electronic gaming | ||||||
| 20 | operations. Additionally, if the organization licensees that | ||||||
| 21 | run thoroughbred races in Cook County are conducting electronic | ||||||
| 22 | gaming operations, the Board shall increase the number of | ||||||
| 23 | thoroughbred races to be run in Cook County in the aggregate to | ||||||
| 24 | at least the following: | ||||||
| 25 | (i) 2,050 races in any year following the most recent | ||||||
| 26 | preceding complete calendar year when the combined | ||||||
| |||||||
| |||||||
| 1 | adjusted gross receipts of the electronic gaming licensees | ||||||
| 2 | operating at Cook County race tracks total in excess of | ||||||
| 3 | $200,000,000, but do not exceed $250,000,000; | ||||||
| 4 | (ii) 2,125 races in any year following the most recent | ||||||
| 5 | preceding complete calendar year when the combined | ||||||
| 6 | adjusted gross receipts of the electronic gaming licensees | ||||||
| 7 | operating at Cook County race tracks total in excess of | ||||||
| 8 | $250,000,000, but do not exceed $300,000,000; | ||||||
| 9 | (iii) 2,200 races in any year following the most recent | ||||||
| 10 | preceding complete calendar year when the combined | ||||||
| 11 | adjusted gross receipts of the electronic gaming licensees | ||||||
| 12 | operating at Cook County race tracks total in excess of | ||||||
| 13 | $300,000,000, but do not exceed $350,000,000; | ||||||
| 14 | (iv) 2,300 races in any year following the most recent | ||||||
| 15 | preceding complete calendar year when the combined | ||||||
| 16 | adjusted gross receipts of the electronic gaming licensees | ||||||
| 17 | operating at Cook County race tracks total in excess of | ||||||
| 18 | $350,000,000, but do not exceed $400,000,000; | ||||||
| 19 | (v) 2,375 races in any year following the most recent | ||||||
| 20 | preceding complete calendar year when the combined | ||||||
| 21 | adjusted gross receipts of the electronic gaming licensees | ||||||
| 22 | operating at Cook County race tracks total in excess of | ||||||
| 23 | $400,000,000, but do not exceed $450,000,000; | ||||||
| 24 | (vi) 2,450 races in any year following the most recent | ||||||
| 25 | preceding complete calendar year when the combined | ||||||
| 26 | adjusted gross receipts of the electronic gaming licensees | ||||||
| |||||||
| |||||||
| 1 | operating at Cook County race tracks total in excess of | ||||||
| 2 | $450,000,000, but do not exceed $500,000,000; | ||||||
| 3 | (vii) 2,550 races in any year following the most recent | ||||||
| 4 | preceding complete calendar year when the combined | ||||||
| 5 | adjusted gross receipts of the electronic gaming licensees | ||||||
| 6 | operating at Cook County race tracks exceeds $500,000,000. | ||||||
| 7 | In awarding racing dates under this subsection (e-2), the | ||||||
| 8 | Board shall have the discretion to allocate those thoroughbred | ||||||
| 9 | racing dates among these Cook County organization licensees. | ||||||
| 10 | (e-3) In awarding racing dates for calendar year 2018 and | ||||||
| 11 | thereafter in connection with a race track in Madison County, | ||||||
| 12 | the Board shall award racing dates and such organization | ||||||
| 13 | licensee shall run at least 700 thoroughbred races at the race | ||||||
| 14 | track in Madison County each year. | ||||||
| 15 | Notwithstanding Section 7.7 of the Illinois Gambling Act or | ||||||
| 16 | any provision of this Act other than subsection (e-4.5), for | ||||||
| 17 | each calendar year for which an electronic gaming licensee | ||||||
| 18 | located in Madison County requests racing dates resulting in | ||||||
| 19 | less than 700 live thoroughbred races at its race track | ||||||
| 20 | facility, the electronic gaming licensee may not conduct | ||||||
| 21 | electronic gaming for the calendar year of such requested live | ||||||
| 22 | races. | ||||||
| 23 | (e-4) Notwithstanding the provisions of Section 7.7 of the | ||||||
| 24 | Illinois Gambling Act or any provision of this Act other than | ||||||
| 25 | subsections (e-3) and (e-4.5), for each calendar year for which | ||||||
| 26 | an electronic gaming licensee requests thoroughbred racing | ||||||
| |||||||
| |||||||
| 1 | dates which results in a number of live races under its | ||||||
| 2 | organization license that is less than the total number of live | ||||||
| 3 | races which it conducted in 2016 at its race track facility, | ||||||
| 4 | the electronic gaming licensee may not conduct electronic | ||||||
| 5 | gaming for the calendar year of such requested live races. | ||||||
| 6 | (e-4.1) Notwithstanding the provisions of Section 7.7 of | ||||||
| 7 | the Illinois Gambling Act or any provision of this Act other | ||||||
| 8 | than subsections (e-3) and (e-4.5), for each calendar year for | ||||||
| 9 | which an organization licensee requests racing dates for | ||||||
| 10 | standardbred racing which results in a number of live races | ||||||
| 11 | that is less than the total number of live races required in | ||||||
| 12 | subsection (e-1), the electronic gaming licensee may not | ||||||
| 13 | conduct electronic gaming for the calendar year of such | ||||||
| 14 | requested live races. | ||||||
| 15 | (e-4.5) The Board shall ensure that each organization | ||||||
| 16 | licensee shall individually run a sufficient number of races | ||||||
| 17 | per year to qualify for an electronic gaming license under this | ||||||
| 18 | Act. The General Assembly finds that the minimum live racing | ||||||
| 19 | guarantees contained in subsections (e-1), (e-2), and (e-3) are | ||||||
| 20 | in the best interest of the sport of horse racing, and that | ||||||
| 21 | such guarantees may only be reduced in the limited | ||||||
| 22 | circumstances described in this subsection. The Board may | ||||||
| 23 | decrease the number of racing days without affecting an | ||||||
| 24 | organization licensee's ability to conduct electronic gaming | ||||||
| 25 | only if the Board determines, after notice and hearing, that: | ||||||
| 26 | (i) a decrease is necessary to maintain a sufficient | ||||||
| |||||||
| |||||||
| 1 | number of betting interests per race to ensure the | ||||||
| 2 | integrity of racing; | ||||||
| 3 | (ii) there are unsafe track conditions due to weather | ||||||
| 4 | or acts of God; | ||||||
| 5 | (iii) there is an agreement between an organization | ||||||
| 6 | licensee and the breed association that is applicable to | ||||||
| 7 | the involved live racing guarantee, such association | ||||||
| 8 | representing either the largest number of thoroughbred | ||||||
| 9 | owners and trainers or the largest number of standardbred | ||||||
| 10 | owners, trainers and drivers who race horses at the | ||||||
| 11 | involved organization licensee's racing meeting, so long | ||||||
| 12 | as the agreement does not compromise the integrity of the | ||||||
| 13 | sport of horse racing; or | ||||||
| 14 | (iv) the horse population or purse levels are | ||||||
| 15 | insufficient to provide the number of racing opportunities | ||||||
| 16 | otherwise required in this Act. | ||||||
| 17 | In decreasing the number of racing dates in accordance with | ||||||
| 18 | this subsection, the Board shall hold a hearing and shall | ||||||
| 19 | provide the public and all interested parties notice and an | ||||||
| 20 | opportunity to be heard. The Board shall accept testimony from | ||||||
| 21 | all interested parties, including any association representing | ||||||
| 22 | owners, trainers, jockeys, or drivers who will be affected by | ||||||
| 23 | the decrease in racing dates. The Board shall provide a written | ||||||
| 24 | explanation of the reasons for the decrease and the Board's | ||||||
| 25 | findings. The written explanation shall include a listing and | ||||||
| 26 | content of all communication between any party and any Illinois | ||||||
| |||||||
| |||||||
| 1 | Racing Board member or staff that does not take place at a | ||||||
| 2 | public meeting of the Board. | ||||||
| 3 | (e-5) In reviewing an application for the purpose of | ||||||
| 4 | granting an
organization license consistent with
the best | ||||||
| 5 | interests of the public and the
sport of horse racing, the | ||||||
| 6 | Board shall consider:
| ||||||
| 7 | (1) the character, reputation, experience, and | ||||||
| 8 | financial integrity of the
applicant and of any other | ||||||
| 9 | separate person that either:
| ||||||
| 10 | (i) controls the applicant, directly or | ||||||
| 11 | indirectly, or
| ||||||
| 12 | (ii) is controlled, directly or indirectly, by | ||||||
| 13 | that applicant or by a
person who controls, directly or | ||||||
| 14 | indirectly, that applicant;
| ||||||
| 15 | (2) the applicant's facilities or proposed facilities | ||||||
| 16 | for conducting
horse
racing;
| ||||||
| 17 | (3) the total revenue without regard to Section 32.1 to | ||||||
| 18 | be derived by
the State and horsemen from the applicant's
| ||||||
| 19 | conducting a race meeting;
| ||||||
| 20 | (4) the applicant's good faith affirmative action plan | ||||||
| 21 | to recruit, train,
and upgrade minorities in all employment | ||||||
| 22 | classifications;
| ||||||
| 23 | (5) the applicant's financial ability to purchase and | ||||||
| 24 | maintain adequate
liability and casualty insurance;
| ||||||
| 25 | (6) the applicant's proposed and prior year's | ||||||
| 26 | promotional and marketing
activities and expenditures of | ||||||
| |||||||
| |||||||
| 1 | the applicant associated with those activities;
| ||||||
| 2 | (7) an agreement, if any, among organization licensees | ||||||
| 3 | as provided in
subsection (b) of Section 21 of this Act; | ||||||
| 4 | and
| ||||||
| 5 | (8) the extent to which the applicant exceeds or meets | ||||||
| 6 | other standards for
the issuance of an organization license | ||||||
| 7 | that the Board shall adopt by rule.
| ||||||
| 8 | In granting organization licenses and allocating dates for | ||||||
| 9 | horse race
meetings, the Board shall have discretion to | ||||||
| 10 | determine an overall schedule,
including required simulcasts | ||||||
| 11 | of Illinois races by host tracks that will, in
its judgment, be | ||||||
| 12 | conducive to the best interests of
the public and the sport of | ||||||
| 13 | horse racing.
| ||||||
| 14 | (e-10) The Illinois Administrative Procedure Act shall | ||||||
| 15 | apply to
administrative procedures of the Board under this Act | ||||||
| 16 | for the granting of an
organization license, except that (1) | ||||||
| 17 | notwithstanding the provisions of
subsection (b) of Section | ||||||
| 18 | 10-40 of the Illinois Administrative Procedure Act
regarding | ||||||
| 19 | cross-examination, the
Board may prescribe rules limiting the | ||||||
| 20 | right of an applicant or participant in
any proceeding to award | ||||||
| 21 | an organization license to conduct cross-examination of
| ||||||
| 22 | witnesses at that proceeding where that cross-examination | ||||||
| 23 | would unduly obstruct
the timely award of an organization | ||||||
| 24 | license under subsection (e) of Section 20
of this Act; (2) the | ||||||
| 25 | provisions of Section 10-45 of the Illinois Administrative
| ||||||
| 26 | Procedure Act regarding proposals for decision are excluded | ||||||
| |||||||
| |||||||
| 1 | under this Act; (3)
notwithstanding the provisions of | ||||||
| 2 | subsection (a) of Section 10-60 of the
Illinois Administrative | ||||||
| 3 | Procedure Act regarding ex parte communications, the
Board may | ||||||
| 4 | prescribe rules allowing ex parte communications with | ||||||
| 5 | applicants or
participants in a proceeding to award an | ||||||
| 6 | organization license where conducting
those communications | ||||||
| 7 | would be in the best interest of racing, provided all
those | ||||||
| 8 | communications are made part of the record of that proceeding | ||||||
| 9 | pursuant
to subsection (c) of Section 10-60 of the Illinois | ||||||
| 10 | Administrative
Procedure Act; (4) the provisions of Section 14a | ||||||
| 11 | of this Act and the rules of
the Board promulgated under that | ||||||
| 12 | Section shall apply instead of the provisions
of Article 10 of | ||||||
| 13 | the Illinois Administrative Procedure Act regarding
| ||||||
| 14 | administrative law judges; and (5) the provisions of subsection | ||||||
| 15 | (d)
of Section 10-65 of the Illinois Administrative Procedure | ||||||
| 16 | Act that prevent
summary suspension of a license pending | ||||||
| 17 | revocation or other action shall not
apply.
| ||||||
| 18 | (f) The Board may allot racing dates to an organization | ||||||
| 19 | licensee for more
than one calendar year but for no more than 3 | ||||||
| 20 | successive calendar years in
advance, provided that the Board | ||||||
| 21 | shall review such allotment for more than
one calendar year | ||||||
| 22 | prior to each year for which such allotment has been
made. The | ||||||
| 23 | granting of an organization license to a person constitutes a
| ||||||
| 24 | privilege to conduct a horse race meeting under the provisions | ||||||
| 25 | of this Act, and
no person granted an organization license | ||||||
| 26 | shall be deemed to have a vested
interest, property right, or | ||||||
| |||||||
| |||||||
| 1 | future expectation to receive an organization
license in any | ||||||
| 2 | subsequent year as a result of the granting of an organization
| ||||||
| 3 | license. Organization licenses shall be subject to revocation | ||||||
| 4 | if the
organization licensee has violated any provision of this | ||||||
| 5 | Act
or the rules and regulations promulgated under this Act or | ||||||
| 6 | has been convicted
of a crime or has failed to disclose or has | ||||||
| 7 | stated falsely any information
called for in the application | ||||||
| 8 | for an organization license. Any
organization license | ||||||
| 9 | revocation
proceeding shall be in accordance with Section 16 | ||||||
| 10 | regarding suspension and
revocation of occupation licenses.
| ||||||
| 11 | (f-5) If, (i) an applicant does not file an acceptance of | ||||||
| 12 | the racing dates
awarded by the Board as required under part | ||||||
| 13 | (1) of subsection (h) of this
Section 20, or (ii) an | ||||||
| 14 | organization licensee has its license suspended or
revoked | ||||||
| 15 | under this Act, the Board, upon conducting an emergency hearing | ||||||
| 16 | as
provided for in this Act, may reaward on an emergency basis | ||||||
| 17 | pursuant to
rules established by the Board, racing dates not | ||||||
| 18 | accepted or the racing
dates
associated with any suspension or | ||||||
| 19 | revocation period to one or more organization
licensees, new | ||||||
| 20 | applicants, or any combination thereof, upon terms and
| ||||||
| 21 | conditions that the Board determines are in the best interest | ||||||
| 22 | of racing,
provided, the organization licensees or new | ||||||
| 23 | applicants receiving the awarded
racing dates file an | ||||||
| 24 | acceptance of those reawarded racing dates as
required under | ||||||
| 25 | paragraph (1) of subsection (h) of this Section 20 and comply
| ||||||
| 26 | with the other provisions of this Act. The Illinois | ||||||
| |||||||
| |||||||
| 1 | Administrative Procedure
Act shall not apply to the | ||||||
| 2 | administrative procedures of the Board in conducting
the | ||||||
| 3 | emergency hearing and the reallocation of racing dates on an | ||||||
| 4 | emergency
basis.
| ||||||
| 5 | (g) (Blank).
| ||||||
| 6 | (h) The Board shall send the applicant a copy of its | ||||||
| 7 | formally
executed order by certified mail addressed to the | ||||||
| 8 | applicant at the
address stated in his application, which | ||||||
| 9 | notice shall be mailed within 5 days
of the date the formal | ||||||
| 10 | order is executed.
| ||||||
| 11 | Each applicant notified shall, within 10 days after receipt | ||||||
| 12 | of the
final executed order of the Board awarding
racing dates:
| ||||||
| 13 | (1) file with the Board an acceptance of such
award in
| ||||||
| 14 | the form
prescribed by the Board;
| ||||||
| 15 | (2) pay to the Board an additional amount equal to $110 | ||||||
| 16 | for each
racing date awarded; and
| ||||||
| 17 | (3) file with the Board the bonds required in Sections | ||||||
| 18 | 21
and 25 at least
20 days prior to the first day of each | ||||||
| 19 | race meeting.
| ||||||
| 20 | Upon compliance with the provisions of paragraphs (1), (2), and | ||||||
| 21 | (3) of
this subsection (h), the applicant shall be issued an
| ||||||
| 22 | organization license.
| ||||||
| 23 | If any applicant fails to comply with this Section or fails
| ||||||
| 24 | to pay the organization license fees herein provided, no | ||||||
| 25 | organization
license shall be issued to such applicant.
| ||||||
| 26 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 5/21) (from Ch. 8, par. 37-21)
| ||||||
| 2 | Sec. 21.
(a) Applications for organization licenses must be | ||||||
| 3 | filed with
the Board at a time and place prescribed by the | ||||||
| 4 | rules and regulations of
the Board. The Board shall examine the | ||||||
| 5 | applications within 21 days
after
the date allowed for filing | ||||||
| 6 | with respect to their conformity with this Act
and such rules | ||||||
| 7 | and regulations as may be prescribed by the Board. If any
| ||||||
| 8 | application does not comply with this Act or the rules and | ||||||
| 9 | regulations
prescribed by the Board, such application may be | ||||||
| 10 | rejected and an
organization license refused to the applicant, | ||||||
| 11 | or the Board may, within 21
days of the receipt of such | ||||||
| 12 | application, advise the applicant of the
deficiencies of the | ||||||
| 13 | application under the Act or the rules and regulations of
the | ||||||
| 14 | Board,
and require the submittal of an amended application | ||||||
| 15 | within a reasonable time
determined by the Board; and upon | ||||||
| 16 | submittal of the amended application by the
applicant, the | ||||||
| 17 | Board may consider the
application consistent with the process | ||||||
| 18 | described in subsection (e-5) of
Section 20 of this Act. If it
| ||||||
| 19 | is found to be in compliance with this Act and the rules and | ||||||
| 20 | regulations of
the Board, the Board may then issue an | ||||||
| 21 | organization license to such applicant.
| ||||||
| 22 | (b) The Board may exercise discretion in granting racing
| ||||||
| 23 | dates to qualified applicants different from those requested by | ||||||
| 24 | the
applicants in their
applications. However, if all eligible | ||||||
| 25 | applicants for organization
licenses whose tracks are located | ||||||
| |||||||
| |||||||
| 1 | within 100 miles of each other execute
and submit to the Board | ||||||
| 2 | a written agreement among such applicants as to
the award of | ||||||
| 3 | racing dates, including where applicable racing
programs, for
| ||||||
| 4 | up to 3 consecutive years, then subject to annual review of | ||||||
| 5 | each
applicant's compliance with Board rules and regulations, | ||||||
| 6 | provisions of this
Act and conditions contained in annual dates | ||||||
| 7 | orders issued by the Board,
the Board may grant such dates and | ||||||
| 8 | programs
to such applicants
as so agreed by them if the Board | ||||||
| 9 | determines that the grant of these racing
dates is in the best
| ||||||
| 10 | interests of racing. The Board shall treat any such agreement | ||||||
| 11 | as the
agreement signatories' joint and several application for | ||||||
| 12 | racing dates
during the term of the agreement.
| ||||||
| 13 | (c) Where 2 or more applicants propose to conduct horse
| ||||||
| 14 | race meetings within 35 miles of each other, as certified to | ||||||
| 15 | the Board
under Section 19 (a) (1) of this Act, on conflicting | ||||||
| 16 | dates, the Board may
determine and grant the number of racing | ||||||
| 17 | days to be awarded to
the several
applicants in accordance with | ||||||
| 18 | the provisions of subsection (e-5) of Section
20 of this
Act.
| ||||||
| 19 | (d) (Blank).
| ||||||
| 20 | (e) Prior to the issuance of an organization license, the | ||||||
| 21 | applicant
shall file with the Board a bond payable to the State | ||||||
| 22 | of Illinois in the
sum of $200,000, executed by the applicant | ||||||
| 23 | and a surety company or
companies authorized to do business in | ||||||
| 24 | this State, and conditioned upon the
payment by the | ||||||
| 25 | organization licensee of all taxes due under Section 27,
other | ||||||
| 26 | monies due and payable under this Act, all purses due and | ||||||
| |||||||
| |||||||
| 1 | payable,
and that the organization licensee will upon | ||||||
| 2 | presentation of the winning
ticket or
tickets distribute all | ||||||
| 3 | sums due to the patrons of pari-mutuel pools. Beginning on the | ||||||
| 4 | date when any organization licensee begins conducting | ||||||
| 5 | electronic gaming pursuant to an electronic gaming license | ||||||
| 6 | issued under the Illinois Gambling Act, the amount of the bond | ||||||
| 7 | required under this subsection (e) shall be $500,000.
| ||||||
| 8 | (f) Each organization license shall specify the person to | ||||||
| 9 | whom it is
issued, the dates upon which horse racing is | ||||||
| 10 | permitted, and the location,
place, track, or enclosure where | ||||||
| 11 | the horse race meeting is to be held.
| ||||||
| 12 | (g) Any person who owns one or more race tracks
within the | ||||||
| 13 | State
may seek, in its own name, a separate organization | ||||||
| 14 | license
for each race track.
| ||||||
| 15 | (h) All racing conducted under such organization license is | ||||||
| 16 | subject to
this Act and to the rules and regulations from time | ||||||
| 17 | to time prescribed by
the Board, and every such organization | ||||||
| 18 | license issued by the Board shall
contain a recital to that | ||||||
| 19 | effect.
| ||||||
| 20 | (i) Each such organization licensee may provide
that at | ||||||
| 21 | least one race per day may be devoted to
the racing of quarter | ||||||
| 22 | horses, appaloosas, arabians, or paints.
| ||||||
| 23 | (j) In acting on applications for organization licenses, | ||||||
| 24 | the Board shall
give weight to an organization license which | ||||||
| 25 | has
implemented a good faith affirmative
action effort to | ||||||
| 26 | recruit, train and upgrade minorities in all classifications
| ||||||
| |||||||
| |||||||
| 1 | within the organization license.
| ||||||
| 2 | (Source: P.A. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
| ||||||
| 3 | (230 ILCS 5/24) (from Ch. 8, par. 37-24)
| ||||||
| 4 | Sec. 24.
(a) No license shall be issued to or held by an | ||||||
| 5 | organization
licensee unless all of its officers, directors, | ||||||
| 6 | and holders of ownership
interests of at least 5% are first | ||||||
| 7 | approved by the Board. The Board shall not
give approval of an | ||||||
| 8 | organization license application to any person who has been
| ||||||
| 9 | convicted of or is under an indictment for a crime of moral | ||||||
| 10 | turpitude or has
violated any provision of the racing law of | ||||||
| 11 | this State or any rules of the
Board.
| ||||||
| 12 | (b) An organization licensee must notify the Board within | ||||||
| 13 | 10 days of any
change in the holders of a direct or indirect | ||||||
| 14 | interest in the ownership of the
organization licensee. The | ||||||
| 15 | Board may, after hearing, revoke the organization
license of | ||||||
| 16 | any
person who registers on its books or knowingly permits a | ||||||
| 17 | direct or indirect
interest in the ownership of that person | ||||||
| 18 | without notifying the Board of the
name of the holder in | ||||||
| 19 | interest within this period.
| ||||||
| 20 | (c) In addition to the provisions of subsection
(a) of this | ||||||
| 21 | Section, no person shall be granted an
organization
license if
| ||||||
| 22 | any public official of the State or member of his
or her family | ||||||
| 23 | holds any ownership or financial interest, directly or
| ||||||
| 24 | indirectly, in the person.
| ||||||
| 25 | (d) No person which has been granted an organization
| ||||||
| |||||||
| |||||||
| 1 | license
to hold a race meeting shall give to any public | ||||||
| 2 | official or member of his
family, directly or indirectly, for | ||||||
| 3 | or without consideration, any interest in the person. The Board | ||||||
| 4 | shall, after hearing, revoke
the organization license granted | ||||||
| 5 | to a person which has
violated this subsection.
| ||||||
| 6 | (e) (Blank).
| ||||||
| 7 | (f) No organization licensee or concessionaire or officer, | ||||||
| 8 | director or
holder or controller of
5% or more legal or | ||||||
| 9 | beneficial interest in any organization licensee or
concession
| ||||||
| 10 | shall make any sort of
gift or contribution that is prohibited | ||||||
| 11 | under Article 10 of the State Officials and Employees Ethics | ||||||
| 12 | Act of any kind or pay or give any money or other thing
of value | ||||||
| 13 | to any
person who is a public official, or a candidate or | ||||||
| 14 | nominee for public office if that payment or gift is prohibited | ||||||
| 15 | under Article 10 of the State Officials and Employees Ethics | ||||||
| 16 | Act.
| ||||||
| 17 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
| 18 | (230 ILCS 5/25) (from Ch. 8, par. 37-25)
| ||||||
| 19 | Sec. 25. Admission charge; bond; fine. | ||||||
| 20 | (a) There shall be paid to the Board at such time or times | ||||||
| 21 | as
it shall prescribe, the sum of fifteen cents (15¢) for each | ||||||
| 22 | person entering
the grounds or enclosure of each organization | ||||||
| 23 | licensee and
inter-track wagering licensee upon a ticket of | ||||||
| 24 | admission except as provided
in subsection (g) of Section 27 of | ||||||
| 25 | this Act. If
tickets are issued for more than one day then the | ||||||
| |||||||
| |||||||
| 1 | sum of fifteen cents
(15¢) shall be paid for each person using | ||||||
| 2 | such ticket on each day that the
same shall be used. Provided, | ||||||
| 3 | however, that no charge shall be made on
tickets of admission | ||||||
| 4 | issued to and in the name of directors, officers,
agents or | ||||||
| 5 | employees of the organization licensee, or inter-track | ||||||
| 6 | wagering
licensee, or to owners, trainers, jockeys,
drivers and | ||||||
| 7 | their employees or to any person or persons entering the
| ||||||
| 8 | grounds or enclosure for the transaction of business in | ||||||
| 9 | connection with such
race meeting. The organization licensee or | ||||||
| 10 | inter-track wagering licensee
may, if it desires, collect such | ||||||
| 11 | amount from
each ticket holder in addition to the amount or | ||||||
| 12 | amounts charged for such
ticket of admission. Beginning on the | ||||||
| 13 | date when any organization licensee begins conducting | ||||||
| 14 | electronic gaming pursuant to an electronic gaming license | ||||||
| 15 | issued under the Illinois Gambling Act, the admission charge | ||||||
| 16 | imposed by this subsection (a) shall be 40 cents for each | ||||||
| 17 | person entering the grounds or enclosure of each organization | ||||||
| 18 | licensee and inter-track wagering licensee upon a ticket of | ||||||
| 19 | admission, and if such tickets are issued for more than one | ||||||
| 20 | day, 40 cents shall be paid for each person using such ticket | ||||||
| 21 | on each day that the same shall be used.
| ||||||
| 22 | (b) Accurate records and books shall at all times be kept | ||||||
| 23 | and maintained by
the organization licensees and inter-track | ||||||
| 24 | wagering licensees
showing the admission tickets issued and | ||||||
| 25 | used on each racing
day and the attendance thereat of each | ||||||
| 26 | horse racing meeting. The Board or
its duly authorized | ||||||
| |||||||
| |||||||
| 1 | representative or representatives shall at all
reasonable | ||||||
| 2 | times have access to the admission records of any organization
| ||||||
| 3 | licensee and inter-track wagering licensee for
the purpose of | ||||||
| 4 | examining and checking the same and ascertaining whether or
not | ||||||
| 5 | the proper amount has been or is being paid the State of | ||||||
| 6 | Illinois as
herein provided. The Board shall also require, | ||||||
| 7 | before issuing any license,
that the licensee shall execute and | ||||||
| 8 | deliver to it a bond, payable to the
State of Illinois, in such | ||||||
| 9 | sum as it shall determine, not, however, in
excess of fifty | ||||||
| 10 | thousand dollars ($50,000), with a surety or sureties to be
| ||||||
| 11 | approved by it, conditioned for the payment of all sums due and | ||||||
| 12 | payable or
collected by it under this Section upon admission | ||||||
| 13 | fees received for any
particular racing meetings. The Board may | ||||||
| 14 | also from time to time require sworn
statements of the number | ||||||
| 15 | or numbers of such admissions and may prescribe blanks
upon | ||||||
| 16 | which such reports shall be made. Any organization licensee or
| ||||||
| 17 | inter-track wagering licensee failing or
refusing to pay the | ||||||
| 18 | amount found to be due as herein provided, shall be
deemed | ||||||
| 19 | guilty of a business offense and upon conviction shall be | ||||||
| 20 | punished by a
fine of not more than five thousand dollars | ||||||
| 21 | ($5,000) in addition to the amount
due from such organization | ||||||
| 22 | licensee or inter-track wagering licensee as
herein provided. | ||||||
| 23 | All fines paid into court by an organization
licensee or | ||||||
| 24 | inter-track wagering licensee found guilty of violating this
| ||||||
| 25 | Section shall be transmitted and paid
over by the clerk of the | ||||||
| 26 | court to the Board. Beginning on the date when any organization | ||||||
| |||||||
| |||||||
| 1 | licensee begins conducting electronic gaming pursuant to an | ||||||
| 2 | electronic gaming license issued under the Illinois Gambling | ||||||
| 3 | Act, any fine imposed pursuant to this subsection (b) shall not | ||||||
| 4 | exceed $10,000.
| ||||||
| 5 | (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
| ||||||
| 6 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
| 7 | Sec. 26. Wagering.
| ||||||
| 8 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
| 9 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
| 10 | horse races conducted by
an Illinois organization
licensee or | ||||||
| 11 | conducted at a racetrack located in another state or country | ||||||
| 12 | and
televised in Illinois in accordance with subsection (g) of | ||||||
| 13 | Section 26 of this
Act. Subject to the prior consent of the | ||||||
| 14 | Board, licensees may supplement any
pari-mutuel pool in order | ||||||
| 15 | to guarantee a minimum distribution. Such
pari-mutuel method of | ||||||
| 16 | wagering shall not,
under any circumstances if conducted under | ||||||
| 17 | the provisions of this Act,
be held or construed to be | ||||||
| 18 | unlawful, other statutes of this State to the
contrary | ||||||
| 19 | notwithstanding.
Subject to rules for advance wagering | ||||||
| 20 | promulgated by the Board, any
licensee
may accept wagers in | ||||||
| 21 | advance of the day of
the race wagered upon occurs.
| ||||||
| 22 | (b) Except for those gaming activities for which a license | ||||||
| 23 | is obtained and authorized under the Illinois Lottery Law, the | ||||||
| 24 | Charitable Games Act, the Raffles and Poker Runs Act, or the | ||||||
| 25 | Illinois Gambling Act, no No other method of betting, pool | ||||||
| |||||||
| |||||||
| 1 | making, wagering or
gambling shall be used or permitted by the | ||||||
| 2 | licensee. Each licensee
may retain, subject to the payment of | ||||||
| 3 | all applicable
taxes and purses, an amount not to exceed 17% of | ||||||
| 4 | all money wagered
under subsection (a) of this Section, except | ||||||
| 5 | as may otherwise be permitted
under this Act.
| ||||||
| 6 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
| 7 | system from
any licensed location authorized under this Act | ||||||
| 8 | provided that wager is
electronically recorded in the manner | ||||||
| 9 | described in Section 3.12 of this Act.
Any wager made | ||||||
| 10 | electronically by an individual while physically on the | ||||||
| 11 | premises
of a licensee shall be deemed to have been made at the | ||||||
| 12 | premises of that
licensee.
| ||||||
| 13 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
| 14 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
| 15 | to December 31 of the
next year, shall be retained by the | ||||||
| 16 | licensee for payment of
such tickets until that date. Within 10 | ||||||
| 17 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
| 18 | less any uncashed supplements contributed by such
licensee for | ||||||
| 19 | the purpose of guaranteeing minimum distributions
of any | ||||||
| 20 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
| 21 | Rehabilitation Fund of the State treasury, except as provided | ||||||
| 22 | in subsection
(g) of Section 27 of this Act.
| ||||||
| 23 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
| 24 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
| 25 | unclaimed prior to December 31 of the
next year, shall be | ||||||
| 26 | retained by the licensee for payment of
such tickets until that | ||||||
| |||||||
| |||||||
| 1 | date. Within 10 days thereafter, the balance of
such sum | ||||||
| 2 | remaining unclaimed, less any uncashed supplements contributed | ||||||
| 3 | by such
licensee for the purpose of guaranteeing minimum | ||||||
| 4 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
| 5 | distributed to the purse account of
the organization licensee | ||||||
| 6 | and the organization licensee.
| ||||||
| 7 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
| 8 | of the
next calendar year, and the licensee shall pay the same | ||||||
| 9 | and may
charge the amount thereof against unpaid money | ||||||
| 10 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
| 11 | presented for payment.
| ||||||
| 12 | (e) No licensee shall knowingly permit any minor, other
| ||||||
| 13 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
| 14 | driver, or employee thereof, to be admitted during a racing
| ||||||
| 15 | program unless accompanied by a parent or guardian, or any | ||||||
| 16 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
| 17 | conducted or
supervised by it. The admission of any | ||||||
| 18 | unaccompanied minor, other than
an employee of the licensee or | ||||||
| 19 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
| 20 | race track is a Class C
misdemeanor.
| ||||||
| 21 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
| 22 | organization licensee may contract
with an entity in another | ||||||
| 23 | state or country to permit any legal
wagering entity in another | ||||||
| 24 | state or country to accept wagers solely within
such other | ||||||
| 25 | state or country on races conducted by the organization | ||||||
| 26 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
| |||||||
| |||||||
| 1 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
| 2 | when the out-of-State entity conducts a pari-mutuel pool
| ||||||
| 3 | separate from the organization licensee, a privilege tax equal | ||||||
| 4 | to 7 1/2% of
all monies received by the organization licensee | ||||||
| 5 | from entities in other states
or countries pursuant to such | ||||||
| 6 | contracts is imposed on the organization
licensee, and such | ||||||
| 7 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
| 8 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
| 9 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
| 10 | pool with the organization licensee, the tax shall be 10%
of | ||||||
| 11 | all monies received by the organization licensee with 25% of | ||||||
| 12 | the
receipts from this 10% tax to be distributed to the county
| ||||||
| 13 | in which the race was conducted.
| ||||||
| 14 | An organization licensee may permit one or more of its | ||||||
| 15 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
| 16 | locations in other states and may
transmit audio and visual | ||||||
| 17 | signals of races the organization licensee
conducts to one or
| ||||||
| 18 | more locations outside the State or country and may also permit | ||||||
| 19 | pari-mutuel
pools in other states or countries to be combined | ||||||
| 20 | with its gross or net
wagering pools or with wagering pools | ||||||
| 21 | established by other states.
| ||||||
| 22 | (g) A host track may accept interstate simulcast wagers on
| ||||||
| 23 | horse
races conducted in other states or countries and shall | ||||||
| 24 | control the
number of signals and types of breeds of racing in | ||||||
| 25 | its simulcast program,
subject to the disapproval of the Board. | ||||||
| 26 | The Board may prohibit a simulcast
program only if it finds | ||||||
| |||||||
| |||||||
| 1 | that the simulcast program is clearly
adverse to the integrity | ||||||
| 2 | of racing. The host track
simulcast program shall
include the | ||||||
| 3 | signal of live racing of all organization licensees.
All | ||||||
| 4 | non-host licensees and advance deposit wagering licensees | ||||||
| 5 | shall carry the signal of and accept wagers on live racing of | ||||||
| 6 | all organization licensees. Advance deposit wagering licensees | ||||||
| 7 | shall not be permitted to accept out-of-state wagers on any | ||||||
| 8 | Illinois signal provided pursuant to this Section without the | ||||||
| 9 | approval and consent of the organization licensee providing the | ||||||
| 10 | signal. For one year after August 15, 2014 (the effective date | ||||||
| 11 | of Public Act 98-968) this amendatory Act of the 98th General | ||||||
| 12 | Assembly, non-host licensees may carry the host track simulcast | ||||||
| 13 | program and
shall accept wagers on all races included as part | ||||||
| 14 | of the simulcast
program of horse races conducted at race | ||||||
| 15 | tracks located within North America upon which wagering is | ||||||
| 16 | permitted. For a period of one year after August 15, 2014 (the | ||||||
| 17 | effective date of Public Act 98-968) this amendatory Act of the | ||||||
| 18 | 98th General Assembly, on horse races conducted at race tracks | ||||||
| 19 | located outside of North America, non-host licensees may accept | ||||||
| 20 | wagers on all races included as part of the simulcast program | ||||||
| 21 | upon which wagering is permitted. Beginning August 15, 2015 | ||||||
| 22 | (one year after the effective date of Public Act 98-968) this | ||||||
| 23 | amendatory Act of the 98th General Assembly, non-host licensees | ||||||
| 24 | may carry the host track simulcast program and shall accept | ||||||
| 25 | wagers on all races included as part of the simulcast program | ||||||
| 26 | upon which wagering is permitted.
All organization licensees | ||||||
| |||||||
| |||||||
| 1 | shall provide their live signal to all advance deposit wagering | ||||||
| 2 | licensees for a simulcast commission fee not to exceed 6% of | ||||||
| 3 | the advance deposit wagering licensee's Illinois handle on the | ||||||
| 4 | organization licensee's signal without prior approval by the | ||||||
| 5 | Board. The Board may adopt rules under which it may permit | ||||||
| 6 | simulcast commission fees in excess of 6%. The Board shall | ||||||
| 7 | adopt rules limiting the interstate commission fees charged to | ||||||
| 8 | an advance deposit wagering licensee. The Board shall adopt | ||||||
| 9 | rules regarding advance deposit wagering on interstate | ||||||
| 10 | simulcast races that shall reflect, among other things, the | ||||||
| 11 | General Assembly's desire to maximize revenues to the State, | ||||||
| 12 | horsemen purses, and organizational licensees. However, | ||||||
| 13 | organization licensees providing live signals pursuant to the | ||||||
| 14 | requirements of this subsection (g) may petition the Board to | ||||||
| 15 | withhold their live signals from an advance deposit wagering | ||||||
| 16 | licensee if the organization licensee discovers and the Board | ||||||
| 17 | finds reputable or credible information that the advance | ||||||
| 18 | deposit wagering licensee is under investigation by another | ||||||
| 19 | state or federal governmental agency, the advance deposit | ||||||
| 20 | wagering licensee's license has been suspended in another | ||||||
| 21 | state, or the advance deposit wagering licensee's license is in | ||||||
| 22 | revocation proceedings in another state. The organization | ||||||
| 23 | licensee's provision of their live signal to an advance deposit | ||||||
| 24 | wagering licensee under this subsection (g) pertains to wagers | ||||||
| 25 | placed from within Illinois. Advance deposit wagering | ||||||
| 26 | licensees may place advance deposit wagering terminals at | ||||||
| |||||||
| |||||||
| 1 | wagering facilities as a convenience to customers. The advance | ||||||
| 2 | deposit wagering licensee shall not charge or collect any fee | ||||||
| 3 | from purses for the placement of the advance deposit wagering | ||||||
| 4 | terminals. The costs and expenses
of the host track and | ||||||
| 5 | non-host licensees associated
with interstate simulcast
| ||||||
| 6 | wagering, other than the interstate
commission fee, shall be | ||||||
| 7 | borne by the host track and all
non-host licensees
incurring | ||||||
| 8 | these costs.
The interstate commission fee shall not exceed 5% | ||||||
| 9 | of Illinois handle on the
interstate simulcast race or races | ||||||
| 10 | without prior approval of the Board. The
Board shall promulgate | ||||||
| 11 | rules under which it may permit
interstate commission
fees in | ||||||
| 12 | excess of 5%. The interstate commission
fee and other fees | ||||||
| 13 | charged by the sending racetrack, including, but not
limited | ||||||
| 14 | to, satellite decoder fees, shall be uniformly applied
to the | ||||||
| 15 | host track and all non-host licensees.
| ||||||
| 16 | Notwithstanding any other provision of this Act, through | ||||||
| 17 | December 31, 2018, an organization licensee, with the consent | ||||||
| 18 | of the horsemen association representing the largest number of | ||||||
| 19 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
| 20 | horses at that organization licensee's racing meeting, may | ||||||
| 21 | maintain a system whereby advance deposit wagering may take | ||||||
| 22 | place or an organization licensee, with the consent of the | ||||||
| 23 | horsemen association representing the largest number of | ||||||
| 24 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
| 25 | horses at that organization licensee's racing meeting, may | ||||||
| 26 | contract with another person to carry out a system of advance | ||||||
| |||||||
| |||||||
| 1 | deposit wagering. Such consent may not be unreasonably | ||||||
| 2 | withheld. Only with respect to an appeal to the Board that | ||||||
| 3 | consent for an organization licensee that maintains its own | ||||||
| 4 | advance deposit wagering system is being unreasonably | ||||||
| 5 | withheld, the Board shall issue a final order within 30 days | ||||||
| 6 | after initiation of the appeal, and the organization licensee's | ||||||
| 7 | advance deposit wagering system may remain operational during | ||||||
| 8 | that 30-day period. The actions of any organization licensee | ||||||
| 9 | who conducts advance deposit wagering or any person who has a | ||||||
| 10 | contract with an organization licensee to conduct advance | ||||||
| 11 | deposit wagering who conducts advance deposit wagering on or | ||||||
| 12 | after January 1, 2013 and prior to June 7, 2013 (the effective | ||||||
| 13 | date of Public Act 98-18) this amendatory Act of the 98th | ||||||
| 14 | General Assembly taken in reliance on the changes made to this | ||||||
| 15 | subsection (g) by Public Act 98-18 this amendatory Act of the | ||||||
| 16 | 98th General Assembly are hereby validated, provided payment of | ||||||
| 17 | all applicable pari-mutuel taxes are remitted to the Board. All | ||||||
| 18 | advance deposit wagers placed from within Illinois must be | ||||||
| 19 | placed through a Board-approved advance deposit wagering | ||||||
| 20 | licensee; no other entity may accept an advance deposit wager | ||||||
| 21 | from a person within Illinois. All advance deposit wagering is | ||||||
| 22 | subject to any rules adopted by the Board. The Board may adopt | ||||||
| 23 | rules necessary to regulate advance deposit wagering through | ||||||
| 24 | the use of emergency rulemaking in accordance with Section 5-45 | ||||||
| 25 | of the Illinois Administrative Procedure Act. The General | ||||||
| 26 | Assembly finds that the adoption of rules to regulate advance | ||||||
| |||||||
| |||||||
| 1 | deposit wagering is deemed an emergency and necessary for the | ||||||
| 2 | public interest, safety, and welfare. An advance deposit | ||||||
| 3 | wagering licensee may retain all moneys as agreed to by | ||||||
| 4 | contract with an organization licensee. Any moneys retained by | ||||||
| 5 | the organization licensee from advance deposit wagering, not | ||||||
| 6 | including moneys retained by the advance deposit wagering | ||||||
| 7 | licensee, shall be paid 50% to the organization licensee's | ||||||
| 8 | purse account and 50% to the organization licensee. With the | ||||||
| 9 | exception of any organization licensee that is owned by a | ||||||
| 10 | publicly traded company that is incorporated in a state other | ||||||
| 11 | than Illinois and advance deposit wagering licensees under | ||||||
| 12 | contract with such organization licensees, organization | ||||||
| 13 | licensees that maintain advance deposit wagering systems and | ||||||
| 14 | advance deposit wagering licensees that contract with | ||||||
| 15 | organization licensees shall provide sufficiently detailed | ||||||
| 16 | monthly accountings to the horsemen association representing | ||||||
| 17 | the largest number of owners, trainers, jockeys, or | ||||||
| 18 | standardbred drivers who race horses at that organization | ||||||
| 19 | licensee's racing meeting so that the horsemen association, as | ||||||
| 20 | an interested party, can confirm the accuracy of the amounts | ||||||
| 21 | paid to the purse account at the horsemen association's | ||||||
| 22 | affiliated organization licensee from advance deposit | ||||||
| 23 | wagering. If more than one breed races at the same race track | ||||||
| 24 | facility, then the 50% of the moneys to be paid to an | ||||||
| 25 | organization licensee's purse account shall be allocated among | ||||||
| 26 | all organization licensees' purse accounts operating at that | ||||||
| |||||||
| |||||||
| 1 | race track facility proportionately based on the actual number | ||||||
| 2 | of host days that the Board grants to that breed at that race | ||||||
| 3 | track facility in the current calendar year. To the extent any | ||||||
| 4 | fees from advance deposit wagering conducted in Illinois for | ||||||
| 5 | wagers in Illinois or other states have been placed in escrow | ||||||
| 6 | or otherwise withheld from wagers pending a determination of | ||||||
| 7 | the legality of advance deposit wagering, no action shall be | ||||||
| 8 | brought to declare such wagers or the disbursement of any fees | ||||||
| 9 | previously escrowed illegal. | ||||||
| 10 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
| 11 | inter-track intertrack wagering
licensee other than the | ||||||
| 12 | host track may supplement the host track simulcast
program | ||||||
| 13 | with additional simulcast races or race programs, provided | ||||||
| 14 | that between
January 1 and the third Friday in February of | ||||||
| 15 | any year, inclusive, if no live
thoroughbred racing is | ||||||
| 16 | occurring in Illinois during this period, only
| ||||||
| 17 | thoroughbred races may be used
for supplemental interstate | ||||||
| 18 | simulcast purposes. The Board shall withhold
approval for a | ||||||
| 19 | supplemental interstate simulcast only if it finds that the
| ||||||
| 20 | simulcast is clearly adverse to the integrity of racing. A | ||||||
| 21 | supplemental
interstate simulcast may be transmitted from | ||||||
| 22 | an inter-track intertrack wagering licensee to
its | ||||||
| 23 | affiliated non-host licensees. The interstate commission | ||||||
| 24 | fee for a
supplemental interstate simulcast shall be paid | ||||||
| 25 | by the non-host licensee and
its affiliated non-host | ||||||
| 26 | licensees receiving the simulcast.
| ||||||
| |||||||
| |||||||
| 1 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
| 2 | inter-track intertrack wagering
licensee other than the | ||||||
| 3 | host track may receive supplemental interstate
simulcasts | ||||||
| 4 | only with the consent of the host track, except when the | ||||||
| 5 | Board
finds that the simulcast is
clearly adverse to the | ||||||
| 6 | integrity of racing. Consent granted under this
paragraph | ||||||
| 7 | (2) to any inter-track intertrack wagering licensee shall | ||||||
| 8 | be deemed consent to
all non-host licensees. The interstate | ||||||
| 9 | commission fee for the supplemental
interstate simulcast | ||||||
| 10 | shall be paid
by all participating non-host licensees.
| ||||||
| 11 | (3) Each licensee conducting interstate simulcast | ||||||
| 12 | wagering may retain,
subject to the payment of all | ||||||
| 13 | applicable taxes and the purses, an amount not to
exceed | ||||||
| 14 | 17% of all money wagered. If any licensee conducts the | ||||||
| 15 | pari-mutuel
system wagering on races conducted at | ||||||
| 16 | racetracks in another state or country,
each such race or | ||||||
| 17 | race program shall be considered a separate racing day for
| ||||||
| 18 | the purpose of determining the daily handle and computing | ||||||
| 19 | the privilege tax of
that daily handle as provided in | ||||||
| 20 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
| 21 | the sums permitted to be retained pursuant to this | ||||||
| 22 | subsection, each
inter-track intertrack wagering location | ||||||
| 23 | licensee shall pay 1% of the pari-mutuel handle
wagered on | ||||||
| 24 | simulcast wagering to the Horse Racing Tax Allocation Fund, | ||||||
| 25 | subject
to the provisions of subparagraph (B) of paragraph | ||||||
| 26 | (11) of subsection (h) of
Section 26 of this Act.
| ||||||
| |||||||
| |||||||
| 1 | (4) A licensee who receives an interstate simulcast may | ||||||
| 2 | combine its gross
or net pools with pools at the sending | ||||||
| 3 | racetracks pursuant to rules established
by the Board. All | ||||||
| 4 | licensees combining their gross pools
at a
sending | ||||||
| 5 | racetrack shall adopt the take-out percentages of the | ||||||
| 6 | sending
racetrack.
A licensee may also establish a separate | ||||||
| 7 | pool and takeout structure for
wagering purposes on races | ||||||
| 8 | conducted at race tracks outside of the
State of Illinois. | ||||||
| 9 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
| 10 | states or
countries to be combined with its gross or net | ||||||
| 11 | wagering pools or other
wagering pools.
| ||||||
| 12 | (5) After the payment of the interstate commission fee | ||||||
| 13 | (except for the
interstate commission
fee on a supplemental | ||||||
| 14 | interstate simulcast, which shall be paid by the host
track | ||||||
| 15 | and by each non-host licensee through the host-track) and | ||||||
| 16 | all applicable
State and local
taxes, except as provided in | ||||||
| 17 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
| 18 | moneys retained from simulcast wagering pursuant to this
| ||||||
| 19 | subsection (g), and Section 26.2 shall be divided as | ||||||
| 20 | follows:
| ||||||
| 21 | (A) For interstate simulcast wagers made at a host | ||||||
| 22 | track, 50% to the
host
track and 50% to purses at the | ||||||
| 23 | host track.
| ||||||
| 24 | (B) For wagers placed on interstate simulcast | ||||||
| 25 | races, supplemental
simulcasts as defined in | ||||||
| 26 | subparagraphs (1) and (2), and separately pooled races
| ||||||
| |||||||
| |||||||
| 1 | conducted outside of the State of Illinois made at a | ||||||
| 2 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
| 3 | non-host licensee, and 50% to the purses at the host | ||||||
| 4 | track.
| ||||||
| 5 | (6) Notwithstanding any provision in this Act to the | ||||||
| 6 | contrary, non-host
licensees
who derive their licenses | ||||||
| 7 | from a track located in a county with a population in
| ||||||
| 8 | excess of 230,000 and that borders the Mississippi River | ||||||
| 9 | may receive
supplemental interstate simulcast races at all | ||||||
| 10 | times subject to Board approval,
which shall be withheld | ||||||
| 11 | only upon a finding that a supplemental interstate
| ||||||
| 12 | simulcast is clearly adverse to the integrity of racing.
| ||||||
| 13 | (7) Notwithstanding any provision of this Act to the | ||||||
| 14 | contrary, after
payment of all applicable State and local | ||||||
| 15 | taxes and interstate commission fees,
non-host licensees | ||||||
| 16 | who derive their licenses from a track located in a county
| ||||||
| 17 | with a population in excess of 230,000 and that borders the | ||||||
| 18 | Mississippi River
shall retain 50% of the retention from | ||||||
| 19 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
| 20 | the track from which the non-host licensee derives its
| ||||||
| 21 | license as follows:
| ||||||
| 22 | (A) Between January 1 and the third Friday in | ||||||
| 23 | February, inclusive, if no
live thoroughbred racing is | ||||||
| 24 | occurring in Illinois during this period, when the
| ||||||
| 25 | interstate simulcast is a standardbred race, the purse | ||||||
| 26 | share to its
standardbred purse account;
| ||||||
| |||||||
| |||||||
| 1 | (B) Between January 1 and the third Friday in | ||||||
| 2 | February, inclusive, if no
live thoroughbred racing is | ||||||
| 3 | occurring in Illinois during this period, and the
| ||||||
| 4 | interstate simulcast is a thoroughbred race, the purse | ||||||
| 5 | share to its interstate
simulcast purse pool to be | ||||||
| 6 | distributed under paragraph (10) of this subsection
| ||||||
| 7 | (g);
| ||||||
| 8 | (C) Between January 1 and the third Friday in | ||||||
| 9 | February, inclusive, if
live thoroughbred racing is | ||||||
| 10 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
| 11 | the purse share from wagers made during this time | ||||||
| 12 | period to its
thoroughbred purse account and between | ||||||
| 13 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
| 14 | made during this time period to its standardbred purse | ||||||
| 15 | accounts;
| ||||||
| 16 | (D) Between the third Saturday in February and | ||||||
| 17 | December 31, when the
interstate simulcast occurs | ||||||
| 18 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
| 19 | share to its thoroughbred purse account;
| ||||||
| 20 | (E) Between the third Saturday in February and | ||||||
| 21 | December 31, when the
interstate simulcast occurs | ||||||
| 22 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
| 23 | share to its standardbred purse account.
| ||||||
| 24 | (7.1) Notwithstanding any other provision of this Act | ||||||
| 25 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
| 26 | a racetrack located in Madison County
during any
calendar | ||||||
| |||||||
| |||||||
| 1 | year beginning on or after January 1, 2002, all
moneys | ||||||
| 2 | derived by
that racetrack from simulcast wagering and | ||||||
| 3 | inter-track wagering that (1) are to
be used
for purses and | ||||||
| 4 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
| 5 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
| 6 | (A) If the licensee that conducts horse racing at | ||||||
| 7 | that racetrack
requests from the Board at least as many | ||||||
| 8 | racing dates as were conducted in
calendar year 2000, | ||||||
| 9 | 80% shall be paid to its thoroughbred purse account; | ||||||
| 10 | and
| ||||||
| 11 | (B) Twenty percent shall be deposited into the | ||||||
| 12 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
| 13 | be paid to purses for standardbred races for Illinois | ||||||
| 14 | conceived
and foaled horses conducted at any county | ||||||
| 15 | fairgrounds.
The moneys deposited into the Fund | ||||||
| 16 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
| 17 | within 2
weeks after the day they were generated, shall | ||||||
| 18 | be in addition to and not in
lieu of any other
moneys | ||||||
| 19 | paid to standardbred purses under this Act, and shall | ||||||
| 20 | not be commingled
with other moneys paid into that | ||||||
| 21 | Fund. The moneys deposited
pursuant to this | ||||||
| 22 | subparagraph (B) shall be allocated as provided by the
| ||||||
| 23 | Department of Agriculture, with the advice and | ||||||
| 24 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
| 25 | Advisory Board.
| ||||||
| 26 | (7.2) Notwithstanding any other provision of this Act | ||||||
| |||||||
| |||||||
| 1 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
| 2 | a racetrack located in Madison County
during any
calendar | ||||||
| 3 | year beginning on or after January 1,
2002, all
moneys | ||||||
| 4 | derived by
that racetrack from simulcast wagering and | ||||||
| 5 | inter-track wagering that (1) are to
be used
for purses and | ||||||
| 6 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
| 7 | p.m.
during that
calendar year shall
be deposited as | ||||||
| 8 | follows:
| ||||||
| 9 | (A) If the licensee that conducts horse racing at | ||||||
| 10 | that racetrack
requests from the
Board at least
as many | ||||||
| 11 | racing dates as were conducted in calendar year 2000, | ||||||
| 12 | 80%
shall be deposited into its standardbred purse
| ||||||
| 13 | account; and
| ||||||
| 14 | (B) Twenty percent shall be deposited into the | ||||||
| 15 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
| 16 | deposited into the Illinois Colt Stakes Purse
| ||||||
| 17 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
| 18 | shall be paid to Illinois
conceived and foaled | ||||||
| 19 | thoroughbred breeders' programs
and to thoroughbred | ||||||
| 20 | purses for races conducted at any county fairgrounds | ||||||
| 21 | for
Illinois conceived
and foaled horses at the | ||||||
| 22 | discretion of the
Department of Agriculture, with the | ||||||
| 23 | advice and assistance of
the Illinois Thoroughbred | ||||||
| 24 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
| 25 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
| 26 | pursuant to this subparagraph (B) shall be deposited | ||||||
| |||||||
| |||||||
| 1 | within 2 weeks
after the day they were generated, shall | ||||||
| 2 | be in addition to and not in
lieu of any other moneys | ||||||
| 3 | paid to thoroughbred purses
under this Act, and shall | ||||||
| 4 | not be commingled with other moneys deposited into
that | ||||||
| 5 | Fund.
| ||||||
| 6 | (7.3) If no live standardbred racing is conducted at a | ||||||
| 7 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
| 8 | or 2001,
an organization licensee who is licensed
to | ||||||
| 9 | conduct horse racing at that racetrack shall, before | ||||||
| 10 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
| 11 | wagering and inter-track wagering in calendar
years 2000 | ||||||
| 12 | and 2001 and
paid into the licensee's standardbred purse | ||||||
| 13 | account as follows:
| ||||||
| 14 | (A) Eighty percent to that licensee's thoroughbred | ||||||
| 15 | purse account to
be used for thoroughbred purses; and
| ||||||
| 16 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
| 17 | Purse Distribution
Fund.
| ||||||
| 18 | Failure to make the payment to the Illinois Colt Stakes | ||||||
| 19 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
| 20 | in the immediate revocation of the licensee's organization
| ||||||
| 21 | license, inter-track wagering license, and inter-track | ||||||
| 22 | wagering location
license.
| ||||||
| 23 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
| 24 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
| 25 | paid to purses for standardbred
races for Illinois | ||||||
| 26 | conceived and foaled horses conducted
at any county
| ||||||
| |||||||
| |||||||
| 1 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
| 2 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
| 3 | shall be used as determined by the
Department of | ||||||
| 4 | Agriculture, with the advice and assistance of the
Illinois | ||||||
| 5 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
| 6 | addition to
and not in lieu of any other moneys paid to | ||||||
| 7 | standardbred purses under this Act,
and shall not be | ||||||
| 8 | commingled
with any other moneys paid into that Fund.
| ||||||
| 9 | (7.4) If live standardbred racing is conducted at a | ||||||
| 10 | racetrack located in
Madison
County at any time in calendar | ||||||
| 11 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
| 12 | has been made, the organization licensee who is licensed to
| ||||||
| 13 | conduct
racing at that racetrack shall pay all moneys | ||||||
| 14 | derived by that racetrack from
simulcast
wagering and | ||||||
| 15 | inter-track wagering during calendar years 2000 and 2001 | ||||||
| 16 | that (1)
are to be
used for purses and (2) are generated | ||||||
| 17 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
| 18 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
| 19 | be used for standardbred purses.
| ||||||
| 20 | (8) Notwithstanding any provision in this Act to the | ||||||
| 21 | contrary, an
organization licensee from a track located in | ||||||
| 22 | a county with a population in
excess of 230,000 and that | ||||||
| 23 | borders the Mississippi River and its affiliated
non-host | ||||||
| 24 | licensees shall not be entitled to share in any retention | ||||||
| 25 | generated on
racing, inter-track wagering, or simulcast | ||||||
| 26 | wagering at any other Illinois
wagering facility.
| ||||||
| |||||||
| |||||||
| 1 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
| 2 | contrary, if 2
organization licensees
are conducting | ||||||
| 3 | standardbred race meetings concurrently
between the hours | ||||||
| 4 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
| 5 | State and local taxes and interstate commission fees, the | ||||||
| 6 | remainder of the
amount retained from simulcast wagering | ||||||
| 7 | otherwise attributable to the host
track and to host track | ||||||
| 8 | purses shall be split daily between the 2
organization | ||||||
| 9 | licensees and the purses at the tracks of the 2 | ||||||
| 10 | organization
licensees, respectively, based on each | ||||||
| 11 | organization licensee's share
of the total live handle for | ||||||
| 12 | that day,
provided that this provision shall not apply to | ||||||
| 13 | any non-host licensee that
derives its license from a track | ||||||
| 14 | located in a county with a population in
excess of 230,000 | ||||||
| 15 | and that borders the Mississippi River.
| ||||||
| 16 | (9) (Blank).
| ||||||
| 17 | (10) (Blank).
| ||||||
| 18 | (11) (Blank).
| ||||||
| 19 | (12) The Board shall have authority to compel all host | ||||||
| 20 | tracks to receive
the simulcast of any or all races | ||||||
| 21 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
| 22 | and include all such races as part of their simulcast | ||||||
| 23 | programs.
| ||||||
| 24 | (13) Notwithstanding any other provision of this Act, | ||||||
| 25 | in the event that
the total Illinois pari-mutuel handle on | ||||||
| 26 | Illinois horse races at all wagering
facilities in any | ||||||
| |||||||
| |||||||
| 1 | calendar year is less than 75% of the total Illinois
| ||||||
| 2 | pari-mutuel handle on Illinois horse races at all such | ||||||
| 3 | wagering facilities for
calendar year 1994, then each | ||||||
| 4 | wagering facility that has an annual total
Illinois | ||||||
| 5 | pari-mutuel handle on Illinois horse races that is less | ||||||
| 6 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
| 7 | Illinois horse races at such wagering
facility for calendar | ||||||
| 8 | year 1994, shall be permitted to receive, from any amount
| ||||||
| 9 | otherwise
payable to the purse account at the race track | ||||||
| 10 | with which the wagering facility
is affiliated in the | ||||||
| 11 | succeeding calendar year, an amount equal to 2% of the
| ||||||
| 12 | differential in total Illinois pari-mutuel handle on | ||||||
| 13 | Illinois horse
races at the wagering facility between that | ||||||
| 14 | calendar year in question and 1994
provided, however, that | ||||||
| 15 | a
wagering facility shall not be entitled to any such | ||||||
| 16 | payment until the Board
certifies in writing to the | ||||||
| 17 | wagering facility the amount to which the wagering
facility | ||||||
| 18 | is entitled
and a schedule for payment of the amount to the | ||||||
| 19 | wagering facility, based on:
(i) the racing dates awarded | ||||||
| 20 | to the race track affiliated with the wagering
facility | ||||||
| 21 | during the succeeding year; (ii) the sums available or | ||||||
| 22 | anticipated to
be available in the purse account of the | ||||||
| 23 | race track affiliated with the
wagering facility for purses | ||||||
| 24 | during the succeeding year; and (iii) the need to
ensure | ||||||
| 25 | reasonable purse levels during the payment period.
The | ||||||
| 26 | Board's certification
shall be provided no later than | ||||||
| |||||||
| |||||||
| 1 | January 31 of the succeeding year.
In the event a wagering | ||||||
| 2 | facility entitled to a payment under this paragraph
(13) is | ||||||
| 3 | affiliated with a race track that maintains purse accounts | ||||||
| 4 | for both
standardbred and thoroughbred racing, the amount | ||||||
| 5 | to be paid to the wagering
facility shall be divided | ||||||
| 6 | between each purse account pro rata, based on the
amount of | ||||||
| 7 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
| 8 | racing
respectively at the wagering facility during the | ||||||
| 9 | previous calendar year.
Annually, the General Assembly | ||||||
| 10 | shall appropriate sufficient funds from the
General | ||||||
| 11 | Revenue Fund to the Department of Agriculture for payment | ||||||
| 12 | into the
thoroughbred and standardbred horse racing purse | ||||||
| 13 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
| 14 | each purse account shall be
the amount certified by the | ||||||
| 15 | Illinois Racing Board in January to be
transferred from | ||||||
| 16 | each account to each eligible racing facility in
accordance | ||||||
| 17 | with the provisions of this Section. Beginning in the | ||||||
| 18 | calendar year in which an organization licensee that is | ||||||
| 19 | eligible to receive payment under this paragraph (13) | ||||||
| 20 | begins to receive funds from electronic gaming, the amount | ||||||
| 21 | of the payment due to all wagering facilities licensed | ||||||
| 22 | under that organization licensee under this paragraph (13) | ||||||
| 23 | shall be the amount certified by the Board in January of | ||||||
| 24 | that year. An organization licensee and its related | ||||||
| 25 | wagering facilities shall no longer be able to receive | ||||||
| 26 | payments under this paragraph (13) beginning in the year | ||||||
| |||||||
| |||||||
| 1 | subsequent to the first year in which the organization | ||||||
| 2 | licensee begins to receive funds from electronic gaming.
| ||||||
| 3 | (h) The Board may approve and license the conduct of | ||||||
| 4 | inter-track wagering
and simulcast wagering by inter-track | ||||||
| 5 | wagering licensees and inter-track
wagering location licensees | ||||||
| 6 | subject to the following terms and conditions:
| ||||||
| 7 | (1) Any person licensed to conduct a race meeting (i) | ||||||
| 8 | at a track where
60 or more days of racing were conducted | ||||||
| 9 | during the immediately preceding
calendar year or where | ||||||
| 10 | over the 5 immediately preceding calendar years an
average | ||||||
| 11 | of 30 or more days of racing were conducted annually may be | ||||||
| 12 | issued an
inter-track wagering license; (ii) at a track
| ||||||
| 13 | located in a county that is bounded by the Mississippi | ||||||
| 14 | River, which has a
population of less than 150,000 | ||||||
| 15 | according to the 1990 decennial census, and an
average of | ||||||
| 16 | at least 60 days of racing per year between 1985 and 1993 | ||||||
| 17 | may be
issued an inter-track wagering license; or (iii) at | ||||||
| 18 | a track awarded standardbred racing dates in 2018 and | ||||||
| 19 | thereafter; or (iv) at a track
located in Madison
County | ||||||
| 20 | that conducted at least 100 days of live racing during the | ||||||
| 21 | immediately
preceding
calendar year may be issued an | ||||||
| 22 | inter-track wagering license, unless a lesser
schedule of
| ||||||
| 23 | live racing is the result of (A) weather, unsafe track | ||||||
| 24 | conditions, or other
acts of God; (B)
an agreement between | ||||||
| 25 | the organization licensee and the associations
| ||||||
| 26 | representing the
largest number of owners, trainers, | ||||||
| |||||||
| |||||||
| 1 | jockeys, or standardbred drivers who race
horses at
that | ||||||
| 2 | organization licensee's racing meeting; or (C) a finding by | ||||||
| 3 | the Board of
extraordinary circumstances and that it was in | ||||||
| 4 | the best interest of the public
and the sport to conduct | ||||||
| 5 | fewer than 100 days of live racing. Any such person
having | ||||||
| 6 | operating control of the racing facility may receive
| ||||||
| 7 | inter-track wagering
location licenses. An
eligible race | ||||||
| 8 | track located in a county that has a population of more | ||||||
| 9 | than
230,000 and that is bounded by the Mississippi River | ||||||
| 10 | may establish up to 9
inter-track wagering locations, and | ||||||
| 11 | an eligible race track located in Stickney Township in Cook | ||||||
| 12 | County may establish up to 16 inter-track wagering | ||||||
| 13 | locations, and an eligible race track located in Palatine | ||||||
| 14 | Township in Cook County may establish up to 18 inter-track | ||||||
| 15 | wagering locations.
An eligible race track conducting | ||||||
| 16 | standardbred racing may have up to 9 inter-track wagering | ||||||
| 17 | locations. An application for
said license shall be filed | ||||||
| 18 | with the Board prior to such dates as may be
fixed by the | ||||||
| 19 | Board. With an application for an inter-track
wagering
| ||||||
| 20 | location license there shall be delivered to the Board a | ||||||
| 21 | certified check or
bank draft payable to the order of the | ||||||
| 22 | Board for an amount equal to $500.
The application shall be | ||||||
| 23 | on forms prescribed and furnished by the Board. The
| ||||||
| 24 | application shall comply with all other rules,
regulations | ||||||
| 25 | and conditions imposed by the Board in connection | ||||||
| 26 | therewith.
| ||||||
| |||||||
| |||||||
| 1 | (2) The Board shall examine the applications with | ||||||
| 2 | respect to their
conformity with this Act and the rules and | ||||||
| 3 | regulations imposed by the
Board. If found to be in | ||||||
| 4 | compliance with the Act and rules and regulations
of the | ||||||
| 5 | Board, the Board may then issue a license to conduct | ||||||
| 6 | inter-track
wagering and simulcast wagering to such | ||||||
| 7 | applicant. All such applications
shall be acted upon by the | ||||||
| 8 | Board at a meeting to be held on such date as may be
fixed | ||||||
| 9 | by the Board.
| ||||||
| 10 | (3) In granting licenses to conduct inter-track | ||||||
| 11 | wagering and simulcast
wagering, the Board shall give due | ||||||
| 12 | consideration to
the best interests of the
public, of horse | ||||||
| 13 | racing, and of maximizing revenue to the State.
| ||||||
| 14 | (4) Prior to the issuance of a license to conduct | ||||||
| 15 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
| 16 | shall file with the Board a bond payable to the State of | ||||||
| 17 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
| 18 | and a surety company or
companies authorized to do business | ||||||
| 19 | in this State, and conditioned upon
(i) the payment by the | ||||||
| 20 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
| 21 | other monies due and payable under this Act, and (ii)
| ||||||
| 22 | distribution by the licensee, upon presentation of the | ||||||
| 23 | winning ticket or
tickets, of all sums payable to the | ||||||
| 24 | patrons of pari-mutuel pools.
| ||||||
| 25 | (5) Each license to conduct inter-track wagering and | ||||||
| 26 | simulcast
wagering shall specify the person
to whom it is | ||||||
| |||||||
| |||||||
| 1 | issued, the dates on which such wagering is permitted, and
| ||||||
| 2 | the track or location where the wagering is to be | ||||||
| 3 | conducted.
| ||||||
| 4 | (6) All wagering under such license is subject to this | ||||||
| 5 | Act and to the
rules and regulations from time to time | ||||||
| 6 | prescribed by the Board, and every
such license issued by | ||||||
| 7 | the Board shall contain a recital to that effect.
| ||||||
| 8 | (7) An inter-track wagering licensee or inter-track | ||||||
| 9 | wagering location
licensee may accept wagers at the track | ||||||
| 10 | or location
where it is licensed, or as otherwise provided | ||||||
| 11 | under this Act.
| ||||||
| 12 | (8) Inter-track wagering or simulcast wagering shall | ||||||
| 13 | not be
conducted
at any track less than 4 5 miles from a | ||||||
| 14 | track at which a racing meeting is in
progress.
| ||||||
| 15 | (8.1) Inter-track wagering location
licensees who | ||||||
| 16 | derive their licenses from a particular organization | ||||||
| 17 | licensee
shall conduct inter-track wagering and simulcast | ||||||
| 18 | wagering only at locations that
are within 160 miles of | ||||||
| 19 | that race track
where
the particular organization licensee | ||||||
| 20 | is licensed to conduct racing. However, inter-track | ||||||
| 21 | wagering and simulcast wagering
shall not
be conducted by | ||||||
| 22 | those licensees at any location within 5 miles of any race
| ||||||
| 23 | track at which a
horse race meeting has been licensed in | ||||||
| 24 | the current year, unless the person
having operating | ||||||
| 25 | control of such race track has given its written consent
to | ||||||
| 26 | such inter-track wagering location licensees,
which | ||||||
| |||||||
| |||||||
| 1 | consent
must be filed with the Board at or prior to the | ||||||
| 2 | time application is made. In the case of any inter-track | ||||||
| 3 | wagering location licensee initially licensed after | ||||||
| 4 | December 31, 2013, inter-track wagering and simulcast | ||||||
| 5 | wagering shall not be conducted by those inter-track | ||||||
| 6 | wagering location licensees that are located outside the | ||||||
| 7 | City of Chicago at any location within 8 miles of any race | ||||||
| 8 | track at which a horse race meeting has been licensed in | ||||||
| 9 | the current year, unless the person having operating | ||||||
| 10 | control of such race track has given its written consent to | ||||||
| 11 | such inter-track wagering location licensees, which | ||||||
| 12 | consent must be filed with the Board at or prior to the | ||||||
| 13 | time application is made.
| ||||||
| 14 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
| 15 | not be
conducted by an inter-track
wagering location | ||||||
| 16 | licensee at any location within 500 feet of an
existing
| ||||||
| 17 | church, an or existing elementary or secondary public | ||||||
| 18 | school, or an existing elementary or secondary private | ||||||
| 19 | school registered with or recognized by the State Board of | ||||||
| 20 | Education school, nor within 500 feet of the residences
of | ||||||
| 21 | more than 50 registered voters without
receiving written | ||||||
| 22 | permission from a majority of the registered
voters at such | ||||||
| 23 | residences.
Such written permission statements shall be | ||||||
| 24 | filed with the Board. The
distance of 500 feet shall be | ||||||
| 25 | measured to the nearest part of any
building
used for | ||||||
| 26 | worship services, education programs, residential | ||||||
| |||||||
| |||||||
| 1 | purposes, or
conducting inter-track wagering by an | ||||||
| 2 | inter-track wagering location
licensee, and not to | ||||||
| 3 | property boundaries. However, inter-track wagering or
| ||||||
| 4 | simulcast wagering may be conducted at a site within 500 | ||||||
| 5 | feet of
a church, school or residences
of 50 or more | ||||||
| 6 | registered voters if such church, school
or residences have | ||||||
| 7 | been erected
or established, or such voters have been | ||||||
| 8 | registered, after
the Board issues
the original | ||||||
| 9 | inter-track wagering location license at the site in | ||||||
| 10 | question.
Inter-track wagering location licensees may | ||||||
| 11 | conduct inter-track wagering
and simulcast wagering only | ||||||
| 12 | in areas that are zoned for
commercial or manufacturing | ||||||
| 13 | purposes or
in areas for which a special use has been | ||||||
| 14 | approved by the local zoning
authority. However, no license | ||||||
| 15 | to conduct inter-track wagering and simulcast
wagering | ||||||
| 16 | shall be
granted by the Board with respect to any | ||||||
| 17 | inter-track wagering location
within the jurisdiction of | ||||||
| 18 | any local zoning authority which has, by
ordinance or by | ||||||
| 19 | resolution, prohibited the establishment of an inter-track
| ||||||
| 20 | wagering location within its jurisdiction. However, | ||||||
| 21 | inter-track wagering
and simulcast wagering may be | ||||||
| 22 | conducted at a site if such ordinance or
resolution is | ||||||
| 23 | enacted after
the Board licenses the original inter-track | ||||||
| 24 | wagering location
licensee for the site in question.
| ||||||
| 25 | (9) (Blank).
| ||||||
| 26 | (10) An inter-track wagering licensee or an | ||||||
| |||||||
| |||||||
| 1 | inter-track wagering
location licensee may retain, subject | ||||||
| 2 | to the
payment of the privilege taxes and the purses, an | ||||||
| 3 | amount not to
exceed 17% of all money wagered. Each program | ||||||
| 4 | of racing conducted by
each inter-track wagering licensee | ||||||
| 5 | or inter-track wagering location
licensee shall be | ||||||
| 6 | considered a separate racing day for the purpose of
| ||||||
| 7 | determining the daily handle and computing the privilege | ||||||
| 8 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
| 9 | Section 27.
| ||||||
| 10 | (10.1) Except as provided in subsection (g) of Section | ||||||
| 11 | 27 of this Act,
inter-track wagering location licensees | ||||||
| 12 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
| 13 | the municipality in which such
location is situated and 1% | ||||||
| 14 | of the pari-mutuel handle at each location to
the county in | ||||||
| 15 | which such location is situated. In the event that an
| ||||||
| 16 | inter-track wagering location licensee is situated in an | ||||||
| 17 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
| 18 | of the pari-mutuel handle from
such location to such | ||||||
| 19 | county.
| ||||||
| 20 | (10.2) Notwithstanding any other provision of this | ||||||
| 21 | Act, with respect to inter-track
intertrack wagering at a | ||||||
| 22 | race track located in a
county that has a population of
| ||||||
| 23 | more than 230,000 and that is bounded by the Mississippi | ||||||
| 24 | River ("the first race
track"), or at a facility operated | ||||||
| 25 | by an inter-track wagering licensee or
inter-track | ||||||
| 26 | wagering location licensee that derives its license from | ||||||
| |||||||
| |||||||
| 1 | the
organization licensee that operates the first race | ||||||
| 2 | track, on races conducted at
the first race track or on | ||||||
| 3 | races conducted at another Illinois race track
and | ||||||
| 4 | simultaneously televised to the first race track or to a | ||||||
| 5 | facility operated
by an inter-track wagering licensee or | ||||||
| 6 | inter-track wagering location licensee
that derives its | ||||||
| 7 | license from the organization licensee that operates the | ||||||
| 8 | first
race track, those moneys shall be allocated as | ||||||
| 9 | follows:
| ||||||
| 10 | (A) That portion of all moneys wagered on | ||||||
| 11 | standardbred racing that is
required under this Act to | ||||||
| 12 | be paid to purses shall be paid to purses for
| ||||||
| 13 | standardbred races.
| ||||||
| 14 | (B) That portion of all moneys wagered on | ||||||
| 15 | thoroughbred racing
that is required under this Act to | ||||||
| 16 | be paid to purses shall be paid to purses
for | ||||||
| 17 | thoroughbred races.
| ||||||
| 18 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
| 19 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
| 20 | in connection with the gathering, transmission, and
| ||||||
| 21 | dissemination of all data necessary to the conduct of | ||||||
| 22 | inter-track wagering,
the remainder of the monies retained | ||||||
| 23 | under either Section 26 or Section 26.2
of this Act by the | ||||||
| 24 | inter-track wagering licensee on inter-track wagering
| ||||||
| 25 | shall be allocated with 50% to be split between the
2 | ||||||
| 26 | participating licensees and 50% to purses, except
that an | ||||||
| |||||||
| |||||||
| 1 | inter-track intertrack wagering licensee that derives its
| ||||||
| 2 | license from a track located in a county with a population | ||||||
| 3 | in excess of 230,000
and that borders the Mississippi River | ||||||
| 4 | shall not divide any remaining
retention with the Illinois | ||||||
| 5 | organization licensee that provides the race or
races, and | ||||||
| 6 | an inter-track intertrack wagering licensee that accepts | ||||||
| 7 | wagers on races
conducted by an organization licensee that | ||||||
| 8 | conducts a race meet in a county
with a population in | ||||||
| 9 | excess of 230,000 and that borders the Mississippi River
| ||||||
| 10 | shall not divide any remaining retention with that | ||||||
| 11 | organization licensee.
| ||||||
| 12 | (B) From the
sums permitted to be retained pursuant to | ||||||
| 13 | this Act each inter-track wagering
location licensee shall | ||||||
| 14 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
| 15 | 4.75% of the
pari-mutuel handle on inter-track intertrack | ||||||
| 16 | wagering at such location on
races as purses, except that
| ||||||
| 17 | an inter-track intertrack wagering location licensee that | ||||||
| 18 | derives its license from a
track located in a county with a | ||||||
| 19 | population in excess of 230,000 and that
borders the | ||||||
| 20 | Mississippi River shall retain all purse moneys for its own | ||||||
| 21 | purse
account consistent with distribution set forth in | ||||||
| 22 | this subsection (h), and inter-track
intertrack wagering | ||||||
| 23 | location licensees that accept wagers on races
conducted
by | ||||||
| 24 | an organization licensee located in a county with a | ||||||
| 25 | population in excess of
230,000 and that borders the | ||||||
| 26 | Mississippi River shall distribute all purse
moneys to | ||||||
| |||||||
| |||||||
| 1 | purses at the operating host track; (iii) until January 1, | ||||||
| 2 | 2000,
except as
provided in
subsection (g) of Section 27 of | ||||||
| 3 | this Act, 1% of the
pari-mutuel handle wagered on | ||||||
| 4 | inter-track wagering and simulcast wagering at
each | ||||||
| 5 | inter-track wagering
location licensee facility to the | ||||||
| 6 | Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
| 7 | extent the total amount collected and distributed to the | ||||||
| 8 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
| 9 | during any calendar year
exceeds the amount collected and | ||||||
| 10 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
| 11 | calendar year 1994, that excess amount shall be | ||||||
| 12 | redistributed (I)
to all inter-track wagering location | ||||||
| 13 | licensees, based on each licensee's
pro-rata share of the | ||||||
| 14 | total handle from inter-track wagering and simulcast
| ||||||
| 15 | wagering for all inter-track wagering location licensees | ||||||
| 16 | during the calendar
year in which this provision is | ||||||
| 17 | applicable; then (II) the amounts redistributed
to each | ||||||
| 18 | inter-track wagering location licensee as described in | ||||||
| 19 | subpart (I)
shall be further redistributed as provided in | ||||||
| 20 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
| 21 | Section 26 provided first, that the shares of those
| ||||||
| 22 | amounts, which are to be redistributed to the host track or | ||||||
| 23 | to purses at the
host track under subparagraph (B) of | ||||||
| 24 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
| 25 | redistributed based on each host track's pro rata share of | ||||||
| 26 | the total
inter-track
wagering and simulcast wagering | ||||||
| |||||||
| |||||||
| 1 | handle at all host tracks during the calendar
year in | ||||||
| 2 | question, and second, that any amounts redistributed as | ||||||
| 3 | described in
part (I) to an inter-track wagering location | ||||||
| 4 | licensee that accepts
wagers on races conducted by an | ||||||
| 5 | organization licensee that conducts a race meet
in a county | ||||||
| 6 | with a population in excess of 230,000 and that borders the
| ||||||
| 7 | Mississippi River shall be further redistributed as | ||||||
| 8 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
| 9 | subsection (g) of this Section 26, with the
portion of that
| ||||||
| 10 | further redistribution allocated to purses at that | ||||||
| 11 | organization licensee to be
divided between standardbred | ||||||
| 12 | purses and thoroughbred purses based on the
amounts | ||||||
| 13 | otherwise allocated to purses at that organization | ||||||
| 14 | licensee during the
calendar year in question; and (iv) 8% | ||||||
| 15 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
| 16 | at
such location to satisfy all costs and expenses of | ||||||
| 17 | conducting its wagering. The
remainder of the monies | ||||||
| 18 | retained by the inter-track wagering location licensee
| ||||||
| 19 | shall be allocated 40% to the location licensee and 60% to | ||||||
| 20 | the organization
licensee which provides the Illinois | ||||||
| 21 | races to the location, except that an inter-track
| ||||||
| 22 | intertrack wagering location
licensee that derives its | ||||||
| 23 | license from a track located in a county with a
population | ||||||
| 24 | in excess of 230,000 and that borders the Mississippi River | ||||||
| 25 | shall
not divide any remaining retention with the | ||||||
| 26 | organization licensee that provides
the race or races and | ||||||
| |||||||
| |||||||
| 1 | an inter-track intertrack wagering location licensee that | ||||||
| 2 | accepts
wagers on races conducted by an organization | ||||||
| 3 | licensee that conducts a race meet
in a county with a | ||||||
| 4 | population in excess of 230,000 and that borders the
| ||||||
| 5 | Mississippi River shall not divide any remaining retention | ||||||
| 6 | with the
organization licensee.
Notwithstanding the | ||||||
| 7 | provisions of clauses (ii) and (iv) of this
paragraph, in | ||||||
| 8 | the case of the additional inter-track wagering location | ||||||
| 9 | licenses
authorized under paragraph (1) of this subsection | ||||||
| 10 | (h) by Public Act 87-110 this amendatory
Act of 1991, those | ||||||
| 11 | licensees shall pay the following amounts as purses:
during | ||||||
| 12 | the first 12 months the licensee is in operation, 5.25% of
| ||||||
| 13 | the
pari-mutuel handle wagered at the location on races; | ||||||
| 14 | during the second 12
months, 5.25%; during the third 12 | ||||||
| 15 | months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
| 16 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
| 17 | following amounts shall be retained by the licensee to | ||||||
| 18 | satisfy all costs
and expenses of conducting its wagering: | ||||||
| 19 | during the first 12 months the
licensee is in operation, | ||||||
| 20 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
| 21 | during the second 12 months, 8.25%; during the third 12
| ||||||
| 22 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
| 23 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
| 24 | additional inter-track intertrack wagering location | ||||||
| 25 | licensees authorized under Public Act 89-16 this
| ||||||
| 26 | amendatory
Act of 1995, purses for the first 12 months the | ||||||
| |||||||
| |||||||
| 1 | licensee is in operation shall
be 5.75% of the pari-mutuel | ||||||
| 2 | wagered
at the location, purses for the second 12 months | ||||||
| 3 | the licensee is in operation
shall be 6.25%, and purses
| ||||||
| 4 | thereafter shall be 6.75%. For additional inter-track | ||||||
| 5 | intertrack location
licensees
authorized under Public Act | ||||||
| 6 | 89-16
this amendatory Act of 1995, the licensee shall be | ||||||
| 7 | allowed to retain to satisfy
all costs and expenses: 7.75% | ||||||
| 8 | of the pari-mutuel handle wagered at
the location
during | ||||||
| 9 | its first 12 months of operation, 7.25% during its second
| ||||||
| 10 | 12
months of
operation, and 6.75% thereafter.
| ||||||
| 11 | (C) There is hereby created the Horse Racing Tax | ||||||
| 12 | Allocation Fund
which shall remain in existence until | ||||||
| 13 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
| 14 | December 31, 1999
shall be paid into the
General Revenue | ||||||
| 15 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
| 16 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
| 17 | by inter-track wagering location licensees located in park
| ||||||
| 18 | districts of 500,000 population or less, or in a | ||||||
| 19 | municipality that is not
included within any park district | ||||||
| 20 | but is included within a conservation
district and is the | ||||||
| 21 | county seat of a county that (i) is contiguous to the state
| ||||||
| 22 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
| 23 | according to the United
States Bureau of the Census, and | ||||||
| 24 | operating on May 1, 1994 shall be
allocated by | ||||||
| 25 | appropriation as follows:
| ||||||
| 26 | Two-sevenths to the Department of Agriculture. | ||||||
| |||||||
| |||||||
| 1 | Fifty percent of
this two-sevenths shall be used to | ||||||
| 2 | promote the Illinois horse racing and
breeding | ||||||
| 3 | industry, and shall be distributed by the Department of | ||||||
| 4 | Agriculture
upon the advice of a 9-member committee | ||||||
| 5 | appointed by the Governor consisting of
the following | ||||||
| 6 | members: the Director of Agriculture, who shall serve | ||||||
| 7 | as
chairman; 2 representatives of organization | ||||||
| 8 | licensees conducting thoroughbred
race meetings in | ||||||
| 9 | this State, recommended by those licensees; 2 | ||||||
| 10 | representatives
of organization licensees conducting | ||||||
| 11 | standardbred race meetings in this State,
recommended | ||||||
| 12 | by those licensees; a representative of the Illinois
| ||||||
| 13 | Thoroughbred Breeders and Owners Foundation, | ||||||
| 14 | recommended by that
Foundation; a representative of | ||||||
| 15 | the Illinois Standardbred Owners and
Breeders | ||||||
| 16 | Association, recommended
by that Association; a | ||||||
| 17 | representative of
the Horsemen's Benevolent and | ||||||
| 18 | Protective Association or any successor
organization | ||||||
| 19 | thereto established in Illinois comprised of the | ||||||
| 20 | largest number of
owners and trainers, recommended by | ||||||
| 21 | that
Association or that successor organization; and a
| ||||||
| 22 | representative of the Illinois Harness Horsemen's
| ||||||
| 23 | Association, recommended by that Association. | ||||||
| 24 | Committee members shall
serve for terms of 2 years, | ||||||
| 25 | commencing January 1 of each even-numbered
year. If a | ||||||
| 26 | representative of any of the above-named entities has | ||||||
| |||||||
| |||||||
| 1 | not been
recommended by January 1 of any even-numbered | ||||||
| 2 | year, the Governor shall
appoint a committee member to | ||||||
| 3 | fill that position. Committee members shall
receive no | ||||||
| 4 | compensation for their services as members but shall be
| ||||||
| 5 | reimbursed for all actual and necessary expenses and | ||||||
| 6 | disbursements incurred
in the performance of their | ||||||
| 7 | official duties. The remaining 50% of this
| ||||||
| 8 | two-sevenths shall be distributed to county fairs for | ||||||
| 9 | premiums and
rehabilitation as set forth in the | ||||||
| 10 | Agricultural Fair Act;
| ||||||
| 11 | Four-sevenths to park districts or municipalities | ||||||
| 12 | that do not have a
park district of 500,000 population | ||||||
| 13 | or less for museum purposes (if an
inter-track wagering | ||||||
| 14 | location licensee is located in such a park district) | ||||||
| 15 | or
to conservation districts for museum purposes (if an | ||||||
| 16 | inter-track wagering
location licensee is located in a | ||||||
| 17 | municipality that is not included within any
park | ||||||
| 18 | district but is included within a conservation | ||||||
| 19 | district and is the county
seat of a county that (i) is | ||||||
| 20 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
| 21 | population of 88,257 according to the United States | ||||||
| 22 | Bureau of the Census,
except that if the conservation | ||||||
| 23 | district does not maintain a museum, the monies
shall | ||||||
| 24 | be allocated equally between the county and the | ||||||
| 25 | municipality in which the
inter-track wagering | ||||||
| 26 | location licensee is located for general purposes) or | ||||||
| |||||||
| |||||||
| 1 | to a
municipal recreation board for park purposes (if | ||||||
| 2 | an inter-track wagering
location licensee is located | ||||||
| 3 | in a municipality that is not included within any
park | ||||||
| 4 | district and park maintenance is the function of the | ||||||
| 5 | municipal recreation
board and the municipality has a | ||||||
| 6 | 1990 population of 9,302 according to the
United States | ||||||
| 7 | Bureau of the Census); provided that the monies are | ||||||
| 8 | distributed
to each park district or conservation | ||||||
| 9 | district or municipality that does not
have a park | ||||||
| 10 | district in an amount equal to four-sevenths of the | ||||||
| 11 | amount
collected by each inter-track wagering location | ||||||
| 12 | licensee within the park
district or conservation | ||||||
| 13 | district or municipality for the Fund. Monies that
were | ||||||
| 14 | paid into the Horse Racing Tax Allocation Fund before | ||||||
| 15 | August 9, 1991 (the effective date
of Public Act | ||||||
| 16 | 87-110) this amendatory Act of 1991 by an inter-track | ||||||
| 17 | wagering location licensee
located in a municipality | ||||||
| 18 | that is not included within any park district but is
| ||||||
| 19 | included within a conservation district as provided in | ||||||
| 20 | this paragraph shall, as
soon as practicable after | ||||||
| 21 | August 9, 1991 (the effective date of Public Act | ||||||
| 22 | 87-110) this amendatory Act of 1991, be
allocated and | ||||||
| 23 | paid to that conservation district as provided in this | ||||||
| 24 | paragraph.
Any park district or municipality not | ||||||
| 25 | maintaining a museum may deposit the
monies in the | ||||||
| 26 | corporate fund of the park district or municipality | ||||||
| |||||||
| |||||||
| 1 | where the
inter-track wagering location is located, to | ||||||
| 2 | be used for general purposes;
and
| ||||||
| 3 | One-seventh to the Agricultural Premium Fund to be | ||||||
| 4 | used for distribution
to agricultural home economics | ||||||
| 5 | extension councils in accordance with "An
Act in | ||||||
| 6 | relation to additional support and finances for the | ||||||
| 7 | Agricultural and
Home Economic Extension Councils in | ||||||
| 8 | the several counties of this State and
making an | ||||||
| 9 | appropriation therefor", approved July 24, 1967.
| ||||||
| 10 | Until January 1, 2000, all other
monies paid into the | ||||||
| 11 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
| 12 | (11) shall be allocated by appropriation as follows:
| ||||||
| 13 | Two-sevenths to the Department of Agriculture. | ||||||
| 14 | Fifty percent of this
two-sevenths shall be used to | ||||||
| 15 | promote the Illinois horse racing and breeding
| ||||||
| 16 | industry, and shall be distributed by the Department of | ||||||
| 17 | Agriculture upon the
advice of a 9-member committee | ||||||
| 18 | appointed by the Governor consisting of the
following | ||||||
| 19 | members: the Director of Agriculture, who shall serve | ||||||
| 20 | as chairman; 2
representatives of organization | ||||||
| 21 | licensees conducting thoroughbred race meetings
in | ||||||
| 22 | this State, recommended by those licensees; 2 | ||||||
| 23 | representatives of
organization licensees conducting | ||||||
| 24 | standardbred race meetings in this State,
recommended | ||||||
| 25 | by those licensees; a representative of the Illinois | ||||||
| 26 | Thoroughbred
Breeders and Owners Foundation, | ||||||
| |||||||
| |||||||
| 1 | recommended by that Foundation; a
representative of | ||||||
| 2 | the Illinois Standardbred Owners and Breeders | ||||||
| 3 | Association,
recommended by that Association; a | ||||||
| 4 | representative of the Horsemen's Benevolent
and | ||||||
| 5 | Protective Association or any successor organization | ||||||
| 6 | thereto established
in Illinois comprised of the | ||||||
| 7 | largest number of owners and trainers,
recommended by | ||||||
| 8 | that Association or that successor organization; and a
| ||||||
| 9 | representative of the Illinois Harness Horsemen's | ||||||
| 10 | Association, recommended by
that Association. | ||||||
| 11 | Committee members shall serve for terms of 2 years,
| ||||||
| 12 | commencing January 1 of each even-numbered year. If a | ||||||
| 13 | representative of any of
the above-named entities has | ||||||
| 14 | not been recommended by January 1 of any
even-numbered | ||||||
| 15 | year, the Governor shall appoint a committee member to | ||||||
| 16 | fill that
position. Committee members shall receive no | ||||||
| 17 | compensation for their services
as members but shall be | ||||||
| 18 | reimbursed for all actual and necessary expenses and
| ||||||
| 19 | disbursements incurred in the performance of their | ||||||
| 20 | official duties. The
remaining 50% of this | ||||||
| 21 | two-sevenths shall be distributed to county fairs for
| ||||||
| 22 | premiums and rehabilitation as set forth in the | ||||||
| 23 | Agricultural Fair Act;
| ||||||
| 24 | Four-sevenths to museums and aquariums located in | ||||||
| 25 | park districts of over
500,000 population; provided | ||||||
| 26 | that the monies are distributed in accordance with
the | ||||||
| |||||||
| |||||||
| 1 | previous year's distribution of the maintenance tax | ||||||
| 2 | for such museums and
aquariums as provided in Section 2 | ||||||
| 3 | of the Park District Aquarium and Museum
Act; and
| ||||||
| 4 | One-seventh to the Agricultural Premium Fund to be | ||||||
| 5 | used for distribution
to agricultural home economics | ||||||
| 6 | extension councils in accordance with "An Act
in | ||||||
| 7 | relation to additional support and finances for the | ||||||
| 8 | Agricultural and
Home Economic Extension Councils in | ||||||
| 9 | the several counties of this State and
making an | ||||||
| 10 | appropriation therefor", approved July 24, 1967.
This | ||||||
| 11 | subparagraph (C) shall be inoperative and of no force | ||||||
| 12 | and effect on and
after January 1, 2000.
| ||||||
| 13 | (D) Except as provided in paragraph (11) of this | ||||||
| 14 | subsection (h),
with respect to purse allocation from | ||||||
| 15 | inter-track intertrack wagering, the monies so
| ||||||
| 16 | retained shall be divided as follows:
| ||||||
| 17 | (i) If the inter-track wagering licensee, | ||||||
| 18 | except an inter-track intertrack
wagering licensee | ||||||
| 19 | that derives its license from an organization
| ||||||
| 20 | licensee located in a county with a population in | ||||||
| 21 | excess of 230,000 and bounded
by the Mississippi | ||||||
| 22 | River, is not conducting its own
race meeting | ||||||
| 23 | during the same dates, then the entire purse | ||||||
| 24 | allocation shall be
to purses at the track where | ||||||
| 25 | the races wagered on are being conducted.
| ||||||
| 26 | (ii) If the inter-track wagering licensee, | ||||||
| |||||||
| |||||||
| 1 | except an inter-track intertrack
wagering licensee | ||||||
| 2 | that derives its license from an organization
| ||||||
| 3 | licensee located in a county with a population in | ||||||
| 4 | excess of 230,000 and bounded
by the Mississippi | ||||||
| 5 | River, is also
conducting its own
race meeting | ||||||
| 6 | during the same dates, then the purse allocation | ||||||
| 7 | shall be as
follows: 50% to purses at the track | ||||||
| 8 | where the races wagered on are
being conducted; 50% | ||||||
| 9 | to purses at the track where the inter-track
| ||||||
| 10 | wagering licensee is accepting such wagers.
| ||||||
| 11 | (iii) If the inter-track wagering is being | ||||||
| 12 | conducted by an inter-track
wagering location | ||||||
| 13 | licensee, except an inter-track intertrack | ||||||
| 14 | wagering location licensee
that derives its | ||||||
| 15 | license from an organization licensee located in a
| ||||||
| 16 | county with a population in excess of 230,000 and | ||||||
| 17 | bounded by the Mississippi
River, the entire purse | ||||||
| 18 | allocation for Illinois races shall
be to purses at | ||||||
| 19 | the track where the race meeting being wagered on | ||||||
| 20 | is being
held.
| ||||||
| 21 | (12) The Board shall have all powers necessary and | ||||||
| 22 | proper to fully
supervise and control the conduct of
| ||||||
| 23 | inter-track wagering and simulcast
wagering by inter-track | ||||||
| 24 | wagering licensees and inter-track wagering location
| ||||||
| 25 | licensees, including, but not
limited to the following:
| ||||||
| 26 | (A) The Board is vested with power to promulgate | ||||||
| |||||||
| |||||||
| 1 | reasonable rules and
regulations for the purpose of | ||||||
| 2 | administering the
conduct of this
wagering and to | ||||||
| 3 | prescribe reasonable rules, regulations and conditions | ||||||
| 4 | under
which such wagering shall be held and conducted. | ||||||
| 5 | Such rules and regulations
are to provide for the | ||||||
| 6 | prevention of practices detrimental to the public
| ||||||
| 7 | interest and for
the best interests of said wagering | ||||||
| 8 | and to impose penalties
for violations thereof.
| ||||||
| 9 | (B) The Board, and any person or persons to whom it | ||||||
| 10 | delegates this
power, is vested with the power to enter | ||||||
| 11 | the
facilities of any licensee to determine whether | ||||||
| 12 | there has been
compliance with the provisions of this | ||||||
| 13 | Act and the rules and regulations
relating to the | ||||||
| 14 | conduct of such wagering.
| ||||||
| 15 | (C) The Board, and any person or persons to whom it | ||||||
| 16 | delegates this
power, may eject or exclude from any | ||||||
| 17 | licensee's facilities, any person whose
conduct or | ||||||
| 18 | reputation
is such that his presence on such premises | ||||||
| 19 | may, in the opinion of the Board,
call into the | ||||||
| 20 | question the honesty and integrity of, or interfere | ||||||
| 21 | with the
orderly conduct of such wagering; provided, | ||||||
| 22 | however, that no person shall
be excluded or ejected | ||||||
| 23 | from such premises solely on the grounds of race,
| ||||||
| 24 | color, creed, national origin, ancestry, or sex.
| ||||||
| 25 | (D) (Blank).
| ||||||
| 26 | (E) The Board is vested with the power to appoint | ||||||
| |||||||
| |||||||
| 1 | delegates to execute
any of the powers granted to it | ||||||
| 2 | under this Section for the purpose of
administering | ||||||
| 3 | this wagering and any
rules and
regulations
| ||||||
| 4 | promulgated in accordance with this Act.
| ||||||
| 5 | (F) The Board shall name and appoint a State | ||||||
| 6 | director of this wagering
who shall be a representative | ||||||
| 7 | of the Board and whose
duty it shall
be to supervise | ||||||
| 8 | the conduct of inter-track wagering as may be provided | ||||||
| 9 | for
by the rules and regulations of the Board; such | ||||||
| 10 | rules and regulation shall
specify the method of | ||||||
| 11 | appointment and the Director's powers, authority and
| ||||||
| 12 | duties.
| ||||||
| 13 | (G) The Board is vested with the power to impose | ||||||
| 14 | civil penalties of up
to $5,000 against individuals and | ||||||
| 15 | up to $10,000 against
licensees for each violation of | ||||||
| 16 | any provision of
this Act relating to the conduct of | ||||||
| 17 | this wagering, any
rules adopted
by the Board, any | ||||||
| 18 | order of the Board or any other action which in the | ||||||
| 19 | Board's
discretion, is a detriment or impediment to | ||||||
| 20 | such wagering.
| ||||||
| 21 | (13) The Department of Agriculture may enter into | ||||||
| 22 | agreements with
licensees authorizing such licensees to | ||||||
| 23 | conduct inter-track
wagering on races to be held at the | ||||||
| 24 | licensed race meetings conducted by the
Department of | ||||||
| 25 | Agriculture. Such
agreement shall specify the races of the | ||||||
| 26 | Department of Agriculture's
licensed race meeting upon | ||||||
| |||||||
| |||||||
| 1 | which the licensees will conduct wagering. In the
event | ||||||
| 2 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
| 3 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
| 4 | which are in addition to the licensee's previously
approved | ||||||
| 5 | racing program, those races shall be considered a separate | ||||||
| 6 | racing day
for the
purpose of determining the daily handle | ||||||
| 7 | and computing the privilege or
pari-mutuel tax on
that | ||||||
| 8 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
| 9 | agreements shall be approved by the Board before such | ||||||
| 10 | wagering may be
conducted. In determining whether to grant | ||||||
| 11 | approval, the Board shall give
due consideration to the | ||||||
| 12 | best interests of the public and of horse racing.
The | ||||||
| 13 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
| 14 | subsection (h) of this
Section which are not specified in | ||||||
| 15 | this paragraph (13) shall not apply to
licensed race | ||||||
| 16 | meetings conducted by the Department of Agriculture at the
| ||||||
| 17 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
| 18 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
| 19 | race meetings. | ||||||
| 20 | (14) An inter-track wagering location license | ||||||
| 21 | authorized by the Board in 2016 that is owned and operated | ||||||
| 22 | by a race track in Rock Island County shall be transferred | ||||||
| 23 | to a commonly owned race track in Cook County on August 12, | ||||||
| 24 | 2016 (the effective date of Public Act 99-757) this | ||||||
| 25 | amendatory Act of the 99th General Assembly. The licensee | ||||||
| 26 | shall retain its status in relation to purse distribution | ||||||
| |||||||
| |||||||
| 1 | under paragraph (11) of this subsection (h) following the | ||||||
| 2 | transfer to the new entity. The pari-mutuel tax credit | ||||||
| 3 | under Section 32.1 shall not be applied toward any | ||||||
| 4 | pari-mutuel tax obligation of the inter-track wagering | ||||||
| 5 | location licensee of the license that is transferred under | ||||||
| 6 | this paragraph (14).
| ||||||
| 7 | (i) Notwithstanding the other provisions of this Act, the | ||||||
| 8 | conduct of
wagering at wagering facilities is authorized on all | ||||||
| 9 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
| 10 | Act.
| ||||||
| 11 | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968, | ||||||
| 12 | eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | ||||||
| 13 | revised 9-14-16.)
| ||||||
| 14 | (230 ILCS 5/26.8) | ||||||
| 15 | Sec. 26.8. Beginning on February 1, 2014 and through | ||||||
| 16 | December 31, 2018, each wagering licensee may impose a | ||||||
| 17 | surcharge of up to 0.5% on winning wagers and winnings from | ||||||
| 18 | wagers. The surcharge shall be deducted from winnings prior to | ||||||
| 19 | payout. All amounts collected from the imposition of this | ||||||
| 20 | surcharge shall be evenly distributed to the organization | ||||||
| 21 | licensee and the purse account of the organization licensee | ||||||
| 22 | with which the licensee is affiliated. The amounts distributed | ||||||
| 23 | under this Section shall be in addition to the amounts paid | ||||||
| 24 | pursuant to paragraph (10) of subsection (h) of Section 26, | ||||||
| 25 | Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
| ||||||
| 2 | (230 ILCS 5/26.9) | ||||||
| 3 | Sec. 26.9. Beginning on February 1, 2014 and through | ||||||
| 4 | December 31, 2018, in addition to the surcharge imposed in | ||||||
| 5 | Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each | ||||||
| 6 | licensee shall impose a surcharge of 0.2% on winning wagers and | ||||||
| 7 | winnings from wagers. The surcharge shall be deducted from | ||||||
| 8 | winnings prior to payout. All amounts collected from the | ||||||
| 9 | surcharges imposed under this Section shall be remitted to the | ||||||
| 10 | Board. From amounts collected under this Section, the Board | ||||||
| 11 | shall deposit an amount not to exceed $100,000 annually into | ||||||
| 12 | the Quarter Horse Purse Fund and all remaining amounts into the | ||||||
| 13 | Horse Racing Fund.
| ||||||
| 14 | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
| ||||||
| 15 | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | ||||||
| 16 | Sec. 27. (a) In addition to the organization license fee | ||||||
| 17 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
| 18 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
| 19 | system of wagering permitted under this
Act. Until January 1, | ||||||
| 20 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
| 21 | this Act, all of
the breakage of each racing day held by any | ||||||
| 22 | licensee in the State shall be paid
to the State.
Until January | ||||||
| 23 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
| 24 | the
licensee from the amount permitted to be retained under | ||||||
| |||||||
| |||||||
| 1 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
| 2 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
| 3 | remitted to the Department of Revenue within 48 hours after the
| ||||||
| 4 | close of the racing day upon which it is assessed or within | ||||||
| 5 | such other time as
the Board prescribes. The privilege tax | ||||||
| 6 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
| 7 | the rate of 2% of the daily pari-mutuel handle except as | ||||||
| 8 | provided in Section
27.1. | ||||||
| 9 | In addition, every organization licensee, except as
| ||||||
| 10 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
| 11 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
| 12 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
| 13 | wagered each day on such multiple wagers,
plus an additional | ||||||
| 14 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
| 15 | other multiple wager which involves a single
betting interest | ||||||
| 16 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
| 17 | such taxes to the Department of Revenue within 48 hours after | ||||||
| 18 | the close of
the racing day on which it is assessed or within | ||||||
| 19 | such other time as the Board
prescribes. | ||||||
| 20 | This subsection (a) shall be inoperative and of no force | ||||||
| 21 | and effect on and
after January 1, 2000. | ||||||
| 22 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
| 23 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
| 24 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
| 25 | wagering from a location other than a wagering facility, except | ||||||
| 26 | as otherwise provided for in this subsection (a-5). In addition | ||||||
| |||||||
| |||||||
| 1 | to the pari-mutuel tax imposed on advance deposit wagering | ||||||
| 2 | pursuant to this subsection (a-5), beginning on August 24, 2012 | ||||||
| 3 | (the effective date of Public Act 97-1060) and through December | ||||||
| 4 | 31, 2018, an additional pari-mutuel tax at the rate of 0.25% | ||||||
| 5 | shall be imposed on advance deposit wagering. Until August 25, | ||||||
| 6 | 2012, the additional 0.25% pari-mutuel tax imposed on advance | ||||||
| 7 | deposit wagering by Public Act 96-972 shall be deposited into | ||||||
| 8 | the Quarter Horse Purse Fund, which shall be created as a | ||||||
| 9 | non-appropriated trust fund administered by the Board for | ||||||
| 10 | grants to thoroughbred organization licensees for payment of | ||||||
| 11 | purses for quarter horse races conducted by the organization | ||||||
| 12 | licensee. Beginning on August 26, 2012, the additional 0.25% | ||||||
| 13 | pari-mutuel tax imposed on advance deposit wagering shall be | ||||||
| 14 | deposited into the Standardbred Purse Fund, which shall be | ||||||
| 15 | created as a non-appropriated trust fund administered by the | ||||||
| 16 | Board, for grants to the standardbred organization licensees | ||||||
| 17 | for payment of purses for standardbred horse races conducted by | ||||||
| 18 | the organization licensee. Thoroughbred organization licensees | ||||||
| 19 | may petition the Board to conduct quarter horse racing and | ||||||
| 20 | receive purse grants from the Quarter Horse Purse Fund. The | ||||||
| 21 | Board shall have complete discretion in distributing the | ||||||
| 22 | Quarter Horse Purse Fund to the petitioning organization | ||||||
| 23 | licensees. Beginning on July 26, 2010 (the effective date of | ||||||
| 24 | Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of | ||||||
| 25 | the daily pari-mutuel handle is imposed at a pari-mutuel | ||||||
| 26 | facility whose license is derived from a track located in a | ||||||
| |||||||
| |||||||
| 1 | county that borders the Mississippi River and conducted live | ||||||
| 2 | racing in the previous year. The pari-mutuel tax imposed by | ||||||
| 3 | this subsection (a-5)
shall be remitted to the Department of
| ||||||
| 4 | Revenue within 48 hours after the close of the racing day upon | ||||||
| 5 | which it is
assessed or within such other time as the Board | ||||||
| 6 | prescribes. | ||||||
| 7 | (a-10) Beginning on the date when an organization licensee | ||||||
| 8 | begins conducting electronic gaming pursuant to an electronic | ||||||
| 9 | gaming license, the following pari-mutuel tax is imposed upon | ||||||
| 10 | an organization licensee on Illinois races at the licensee's | ||||||
| 11 | race track: | ||||||
| 12 | 1.5% of the pari-mutuel handle at or below the average | ||||||
| 13 | daily pari-mutuel handle for 2011. | ||||||
| 14 | 2% of the pari-mutuel handle above the average daily | ||||||
| 15 | pari-mutuel handle for 2011 up to 125% of the average daily | ||||||
| 16 | pari-mutuel handle for 2011. | ||||||
| 17 | 2.5% of the pari-mutuel handle 125% or more above the | ||||||
| 18 | average daily pari-mutuel handle for 2011 up to 150% of the | ||||||
| 19 | average daily pari-mutuel handle for 2011. | ||||||
| 20 | 3% of the pari-mutuel handle 150% or more above the | ||||||
| 21 | average daily pari-mutuel handle for 2011 up to 175% of the | ||||||
| 22 | average daily pari-mutuel handle for 2011. | ||||||
| 23 | 3.5% of the pari-mutuel handle 175% or more above the | ||||||
| 24 | average daily pari-mutuel handle for 2011. | ||||||
| 25 | The pari-mutuel tax imposed by this subsection (a-10) shall | ||||||
| 26 | be remitted to the Board within 48 hours after the close of the | ||||||
| |||||||
| |||||||
| 1 | racing day upon which it is assessed or within such other time | ||||||
| 2 | as the Board prescribes. | ||||||
| 3 | (b) On or before December 31, 1999, in
the event that any | ||||||
| 4 | organization
licensee conducts
2 separate programs
of races on | ||||||
| 5 | any day, each such program shall be considered a separate
| ||||||
| 6 | racing day for purposes of determining the daily handle and | ||||||
| 7 | computing
the privilege tax on such daily handle as provided in | ||||||
| 8 | subsection (a) of
this Section. | ||||||
| 9 | (c) Licensees shall at all times keep accurate
books
and | ||||||
| 10 | records of all monies wagered on each day of a race meeting and | ||||||
| 11 | of
the taxes paid to the Department of Revenue under the | ||||||
| 12 | provisions of this
Section. The Board or its duly authorized | ||||||
| 13 | representative or
representatives shall at all reasonable | ||||||
| 14 | times have access to such
records for the purpose of examining | ||||||
| 15 | and checking the same and
ascertaining whether the proper | ||||||
| 16 | amount of taxes is being paid as
provided. The Board shall | ||||||
| 17 | require verified reports and a statement of
the total of all | ||||||
| 18 | monies wagered daily at each wagering facility upon which
the | ||||||
| 19 | taxes are assessed and may prescribe forms upon which such | ||||||
| 20 | reports
and statement shall be made. | ||||||
| 21 | (d) Before a license is issued or re-issued, the licensee | ||||||
| 22 | shall post a bond in the sum of $500,000 to the State of | ||||||
| 23 | Illinois. The bond shall be used to guarantee that the licensee | ||||||
| 24 | faithfully makes the payments, keeps the books and records and | ||||||
| 25 | makes reports, and conducts games of chance in conformity with | ||||||
| 26 | this Act and the rules adopted by the Board. The bond shall not | ||||||
| |||||||
| |||||||
| 1 | be canceled by a surety on less than 30 days' notice in writing | ||||||
| 2 | to the Board. If a bond is canceled and the licensee fails to | ||||||
| 3 | file a new bond with the Board in the required amount on or | ||||||
| 4 | before the effective date of cancellation, the licensee's | ||||||
| 5 | license shall be revoked. The total and aggregate liability of | ||||||
| 6 | the surety on the bond is limited to the amount specified in | ||||||
| 7 | the bond. Any licensee failing or refusing to pay the amount
of | ||||||
| 8 | any tax due under this Section shall be guilty of a business | ||||||
| 9 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
| 10 | in addition to
the amount found due as tax under this Section. | ||||||
| 11 | Each day's violation
shall constitute a separate offense. All | ||||||
| 12 | fines paid into Court by a licensee hereunder shall be | ||||||
| 13 | transmitted and paid over by
the Clerk of the Court to the | ||||||
| 14 | Board. | ||||||
| 15 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
| 16 | racing fee, except as provided in this Act, shall be assessed | ||||||
| 17 | or
collected from any such licensee by the State. | ||||||
| 18 | (f) No other license fee, privilege tax, excise tax or | ||||||
| 19 | racing fee shall be
assessed or collected from any such | ||||||
| 20 | licensee by units of local government
except as provided in | ||||||
| 21 | paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||||||
| 22 | 26 of this Act. However, any municipality that has a Board | ||||||
| 23 | licensed
horse race meeting at a race track wholly within its | ||||||
| 24 | corporate boundaries or a
township that has a Board licensed | ||||||
| 25 | horse race meeting at a race track wholly
within the | ||||||
| 26 | unincorporated area of the township may charge a local
| ||||||
| |||||||
| |||||||
| 1 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
| 2 | race meeting
by the enactment of an ordinance. However, any | ||||||
| 3 | municipality or county
that has a Board licensed inter-track | ||||||
| 4 | wagering location facility wholly
within its corporate | ||||||
| 5 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
| 6 | per admission to such inter-track wagering location facility,
| ||||||
| 7 | so that a total of not more than $2.00 per admission may be | ||||||
| 8 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
| 9 | of this Act, the
inter-track wagering location licensee shall | ||||||
| 10 | collect any and all such fees
and within 48 hours remit the | ||||||
| 11 | fees to the Board as the Board prescribes, which shall, | ||||||
| 12 | pursuant to
rule, cause the fees to be distributed to the | ||||||
| 13 | county or municipality. | ||||||
| 14 | (g) Notwithstanding any provision in this Act to the | ||||||
| 15 | contrary, if in any
calendar year the total taxes and fees from | ||||||
| 16 | wagering on live racing and from
inter-track wagering required | ||||||
| 17 | to be collected from
licensees and distributed under this Act | ||||||
| 18 | to all State and local governmental
authorities exceeds the | ||||||
| 19 | amount of such taxes and fees distributed to each State
and | ||||||
| 20 | local governmental authority to which each State and local | ||||||
| 21 | governmental
authority was entitled under this Act for calendar | ||||||
| 22 | year 1994, then the first
$11 million of that excess amount | ||||||
| 23 | shall be allocated at the earliest possible
date for | ||||||
| 24 | distribution as purse money for the succeeding calendar year.
| ||||||
| 25 | Upon reaching the 1994 level, and until the excess amount of | ||||||
| 26 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
| |||||||
| |||||||
| 1 | licensees to cease paying the
subject taxes and fees and the | ||||||
| 2 | Board shall direct all licensees to allocate any such excess | ||||||
| 3 | amount for purses as
follows: | ||||||
| 4 | (i) the excess amount shall be initially divided | ||||||
| 5 | between thoroughbred and
standardbred purses based on the | ||||||
| 6 | thoroughbred's and standardbred's respective
percentages | ||||||
| 7 | of total Illinois live wagering in calendar year 1994; | ||||||
| 8 | (ii) each thoroughbred and standardbred organization | ||||||
| 9 | licensee issued an
organization licensee in that | ||||||
| 10 | succeeding allocation year shall
be
allocated an amount | ||||||
| 11 | equal to the product of its percentage of total
Illinois
| ||||||
| 12 | live thoroughbred or standardbred wagering in calendar | ||||||
| 13 | year 1994 (the total to
be determined based on the sum of | ||||||
| 14 | 1994 on-track wagering for all organization
licensees | ||||||
| 15 | issued organization licenses in both the allocation year | ||||||
| 16 | and the
preceding year) multiplied by
the total amount | ||||||
| 17 | allocated for standardbred or thoroughbred purses, | ||||||
| 18 | provided
that the first $1,500,000 of the amount allocated | ||||||
| 19 | to standardbred
purses under item (i) shall be allocated to | ||||||
| 20 | the Department of
Agriculture to be expended with the | ||||||
| 21 | assistance and advice of the Illinois
Standardbred | ||||||
| 22 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
| 23 | subsection (g) of Section 31 of this Act, before the amount | ||||||
| 24 | allocated to
standardbred purses under item (i) is | ||||||
| 25 | allocated to standardbred
organization licensees in the | ||||||
| 26 | succeeding allocation year. | ||||||
| |||||||
| |||||||
| 1 | To the extent the excess amount of taxes and fees to be | ||||||
| 2 | collected and
distributed to State and local governmental | ||||||
| 3 | authorities exceeds $11 million,
that excess amount shall be | ||||||
| 4 | collected and distributed to State and local
authorities as | ||||||
| 5 | provided for under this Act. | ||||||
| 6 | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756, | ||||||
| 7 | eff. 8-12-16.)
| ||||||
| 8 | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
| ||||||
| 9 | Sec. 30.
(a) The General Assembly declares that it is the | ||||||
| 10 | policy of
this State to encourage the breeding of thoroughbred | ||||||
| 11 | horses in this
State and the ownership of such horses by | ||||||
| 12 | residents of this State in
order to provide for: sufficient | ||||||
| 13 | numbers of high quality thoroughbred
horses to participate in | ||||||
| 14 | thoroughbred racing meetings in this State,
and to establish | ||||||
| 15 | and preserve the agricultural and commercial benefits
of such | ||||||
| 16 | breeding and racing industries to the State of Illinois. It is
| ||||||
| 17 | the intent of the General Assembly to further this policy by | ||||||
| 18 | the
provisions of this Act.
| ||||||
| 19 | (b) Each organization licensee conducting a thoroughbred
| ||||||
| 20 | racing meeting
pursuant to this Act shall provide at least two | ||||||
| 21 | races each day limited
to Illinois conceived and foaled horses | ||||||
| 22 | or Illinois foaled horses or
both. A minimum of 6 races shall | ||||||
| 23 | be conducted each week limited to
Illinois conceived and foaled | ||||||
| 24 | or Illinois foaled horses or both. No
horses shall be permitted | ||||||
| 25 | to start in such races unless duly registered
under the rules | ||||||
| |||||||
| |||||||
| 1 | of the Department of Agriculture.
| ||||||
| 2 | (c) Conditions of races under subsection (b) shall be
| ||||||
| 3 | commensurate
with past performance, quality, and class of | ||||||
| 4 | Illinois conceived and foaled
and Illinois foaled horses
| ||||||
| 5 | available. If, however, sufficient competition cannot be had | ||||||
| 6 | among
horses of that class on any day, the races may, with | ||||||
| 7 | consent of the
Board, be eliminated for that day and substitute | ||||||
| 8 | races provided.
| ||||||
| 9 | (d) There is hereby created a special fund of the State | ||||||
| 10 | Treasury to
be known as the Illinois Thoroughbred Breeders | ||||||
| 11 | Fund.
| ||||||
| 12 | Beginning on the effective date of this amendatory Act of | ||||||
| 13 | the 100th General Assembly, the Illinois Thoroughbred Breeders | ||||||
| 14 | Fund shall become a non-appropriated trust fund held separately | ||||||
| 15 | from State moneys. Expenditures from this Fund shall no longer | ||||||
| 16 | be subject to appropriation. | ||||||
| 17 | Except as provided in subsection (g) of Section 27 of this | ||||||
| 18 | Act, 8.5% of all
the monies received by the State as
privilege | ||||||
| 19 | taxes on Thoroughbred racing meetings shall be paid into the | ||||||
| 20 | Illinois
Thoroughbred Breeders Fund.
| ||||||
| 21 | Notwithstanding any provision of law to the contrary, | ||||||
| 22 | amounts deposited into the Illinois Thoroughbred Breeders Fund | ||||||
| 23 | from revenues generated by electronic gaming after the | ||||||
| 24 | effective date of this amendatory Act of the 100th General | ||||||
| 25 | Assembly shall be in addition to tax and fee amounts paid under | ||||||
| 26 | this Section for calendar year 2017 and thereafter. | ||||||
| |||||||
| |||||||
| 1 | (e) The Illinois Thoroughbred Breeders Fund shall be | ||||||
| 2 | administered by
the Department of Agriculture
with the advice | ||||||
| 3 | and assistance of the
Advisory Board created in subsection (f) | ||||||
| 4 | of this Section.
| ||||||
| 5 | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||||||
| 6 | shall
consist of the Director of the Department of Agriculture, | ||||||
| 7 | who shall
serve as Chairman; a member of the Illinois Racing | ||||||
| 8 | Board, designated by
it; 2 representatives of the organization | ||||||
| 9 | licensees
conducting thoroughbred
racing meetings, recommended | ||||||
| 10 | by them; 2 representatives of the Illinois
Thoroughbred | ||||||
| 11 | Breeders and Owners Foundation, recommended by it; one | ||||||
| 12 | representative and 2
representatives of the Horsemen's | ||||||
| 13 | Benevolent Protective Association; and one representative from | ||||||
| 14 | the Illinois Thoroughbred Horsemen's Association or any
| ||||||
| 15 | successor organization established in Illinois comprised of | ||||||
| 16 | the largest number
of owners and trainers,
recommended
by it, | ||||||
| 17 | with one representative of the Horsemen's Benevolent and | ||||||
| 18 | Protective
Association to come from its Illinois Division, and | ||||||
| 19 | one from its Chicago
Division. Advisory Board members shall | ||||||
| 20 | serve for 2 years commencing January 1
of
each odd numbered | ||||||
| 21 | year. If representatives of the organization licensees
| ||||||
| 22 | conducting thoroughbred racing meetings, the Illinois | ||||||
| 23 | Thoroughbred Breeders and
Owners Foundation, and the | ||||||
| 24 | Horsemen's Benevolent Protection Association, and the Illinois | ||||||
| 25 | Thoroughbred Horsemen's Association have
not been recommended | ||||||
| 26 | by January 1, of each odd numbered year, the Director of
the | ||||||
| |||||||
| |||||||
| 1 | Department of Agriculture shall make an appointment for the | ||||||
| 2 | organization
failing to so recommend a member of the Advisory | ||||||
| 3 | Board. Advisory Board members
shall receive no compensation for | ||||||
| 4 | their services as members but shall be
reimbursed for all | ||||||
| 5 | actual and necessary expenses and disbursements incurred in
the | ||||||
| 6 | execution of their official duties.
| ||||||
| 7 | (g) No monies shall be expended from the Illinois | ||||||
| 8 | Thoroughbred
Breeders Fund except as appropriated by the | ||||||
| 9 | General Assembly. Monies expended
appropriated from the | ||||||
| 10 | Illinois Thoroughbred Breeders Fund shall be
expended by the | ||||||
| 11 | Department of Agriculture,
with the advice and
assistance of | ||||||
| 12 | the Illinois Thoroughbred Breeders Fund Advisory Board,
for the | ||||||
| 13 | following purposes only:
| ||||||
| 14 | (1) To provide purse supplements to owners of horses | ||||||
| 15 | participating
in races limited to Illinois conceived and | ||||||
| 16 | foaled and Illinois foaled
horses. Any such purse | ||||||
| 17 | supplements shall not be included in and shall
be paid in | ||||||
| 18 | addition to any purses, stakes, or breeders' awards offered
| ||||||
| 19 | by each organization licensee as determined by agreement | ||||||
| 20 | between such
organization licensee and an organization | ||||||
| 21 | representing the horsemen. No
monies from the Illinois | ||||||
| 22 | Thoroughbred Breeders Fund shall be used to provide
purse | ||||||
| 23 | supplements for claiming races in which the minimum | ||||||
| 24 | claiming price is
less than $7,500.
| ||||||
| 25 | (2) To provide stakes and awards to be paid to the | ||||||
| 26 | owners of the
winning horses in certain races limited to | ||||||
| |||||||
| |||||||
| 1 | Illinois conceived and foaled
and Illinois foaled horses | ||||||
| 2 | designated as stakes races.
| ||||||
| 3 | (2.5) To provide an award to the owner or owners of an | ||||||
| 4 | Illinois
conceived and foaled or Illinois foaled horse that | ||||||
| 5 | wins a
maiden special weight, an allowance, overnight | ||||||
| 6 | handicap race, or
claiming race with claiming price of | ||||||
| 7 | $10,000 or more providing the race
is not restricted
to | ||||||
| 8 | Illinois conceived and foaled or Illinois foaled horses.
| ||||||
| 9 | Awards shall
also be provided to the owner or owners of | ||||||
| 10 | Illinois conceived and foaled and
Illinois foaled horses | ||||||
| 11 | that place second or third in those races. To the
extent
| ||||||
| 12 | that additional moneys are required to pay the minimum | ||||||
| 13 | additional awards of 40%
of the purse the horse earns for | ||||||
| 14 | placing first, second or third in those races
for Illinois | ||||||
| 15 | foaled horses and of 60% of the purse the horse earns for | ||||||
| 16 | placing
first, second or third in those races for Illinois
| ||||||
| 17 | conceived and foaled horses, those moneys shall be provided | ||||||
| 18 | from the purse
account at the track where earned.
| ||||||
| 19 | (3) To provide stallion awards to the owner or owners | ||||||
| 20 | of any
stallion that is duly registered with the Illinois | ||||||
| 21 | Thoroughbred Breeders
Fund Program prior to the effective | ||||||
| 22 | date of this amendatory Act of 1995 whose
duly registered | ||||||
| 23 | Illinois conceived and foaled offspring wins a race | ||||||
| 24 | conducted
at an Illinois
thoroughbred racing meeting other | ||||||
| 25 | than a claiming race, provided that the stallion stood | ||||||
| 26 | service within Illinois at the time the offspring was | ||||||
| |||||||
| |||||||
| 1 | conceived and that the stallion did not stand for service | ||||||
| 2 | outside of Illinois at any time during the year in which | ||||||
| 3 | the offspring was conceived. Such
award
shall not be paid | ||||||
| 4 | to the owner or owners of an Illinois stallion that served
| ||||||
| 5 | outside this State at any time during the calendar year in | ||||||
| 6 | which such race was
conducted.
| ||||||
| 7 | (4) To provide $75,000 annually for purses to be
| ||||||
| 8 | distributed to
county fairs that provide for the running of | ||||||
| 9 | races during each county
fair exclusively for the | ||||||
| 10 | thoroughbreds conceived and foaled in
Illinois. The | ||||||
| 11 | conditions of the races shall be developed by the county
| ||||||
| 12 | fair association and reviewed by the Department with the | ||||||
| 13 | advice and
assistance of
the Illinois Thoroughbred | ||||||
| 14 | Breeders Fund Advisory Board. There shall be no
wagering of | ||||||
| 15 | any kind on the running
of
Illinois conceived and foaled | ||||||
| 16 | races at county fairs.
| ||||||
| 17 | (4.1) To provide purse money for an Illinois stallion | ||||||
| 18 | stakes program.
| ||||||
| 19 | (5) No less than 90% 80% of all monies appropriated | ||||||
| 20 | from the Illinois
Thoroughbred Breeders Fund shall be | ||||||
| 21 | expended for the purposes in (1), (2),
(2.5), (3), (4), | ||||||
| 22 | (4.1), and (5) as shown above.
| ||||||
| 23 | (6) To provide for educational programs regarding the | ||||||
| 24 | thoroughbred
breeding industry.
| ||||||
| 25 | (7) To provide for research programs concerning the | ||||||
| 26 | health,
development and care of the thoroughbred horse.
| ||||||
| |||||||
| |||||||
| 1 | (8) To provide for a scholarship and training program | ||||||
| 2 | for students
of equine veterinary medicine.
| ||||||
| 3 | (9) To provide for dissemination of public information | ||||||
| 4 | designed to
promote the breeding of thoroughbred horses in | ||||||
| 5 | Illinois.
| ||||||
| 6 | (10) To provide for all expenses incurred in the | ||||||
| 7 | administration of
the Illinois Thoroughbred Breeders Fund.
| ||||||
| 8 | (h) The Illinois Thoroughbred Breeders Fund is not subject | ||||||
| 9 | to administrative charges or chargebacks, including, but not | ||||||
| 10 | limited to, those authorized under Section 8h of the State | ||||||
| 11 | Finance Act. Whenever the Governor finds that the amount in the | ||||||
| 12 | Illinois
Thoroughbred Breeders Fund is more than the total of | ||||||
| 13 | the outstanding
appropriations from such fund, the Governor | ||||||
| 14 | shall notify the State
Comptroller and the State Treasurer of | ||||||
| 15 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
| 16 | receipt of such notification, shall transfer
such excess amount | ||||||
| 17 | from the Illinois Thoroughbred Breeders Fund to the
General | ||||||
| 18 | Revenue Fund.
| ||||||
| 19 | (i) A sum equal to 13% of the first prize money of every | ||||||
| 20 | purse won by an Illinois foaled or Illinois conceived and | ||||||
| 21 | foaled horse in races not limited to Illinois foaled horses or | ||||||
| 22 | Illinois conceived and foaled horses, or both, shall be paid by | ||||||
| 23 | the organization licensee conducting the horse race meeting. | ||||||
| 24 | Such sum shall be paid 50% from the organization licensee's | ||||||
| 25 | share of the money wagered and 50% from the purse account as | ||||||
| 26 | follows: 11 1/2% to the breeder of the winning horse and 1 1/2% | ||||||
| |||||||
| |||||||
| 1 | to the organization representing thoroughbred breeders and | ||||||
| 2 | owners who representative serves on the Illinois Thoroughbred | ||||||
| 3 | Breeders Fund Advisory Board for verifying the amounts of | ||||||
| 4 | breeders' awards earned, ensuring their distribution in | ||||||
| 5 | accordance with this Act, and servicing and promoting the | ||||||
| 6 | Illinois thoroughbred horse racing industry. Beginning in the | ||||||
| 7 | calendar year in which an organization licensee that is | ||||||
| 8 | eligible to receive payments under paragraph (13) of subsection | ||||||
| 9 | (g) of Section 26 of this Act begins to receive funds from | ||||||
| 10 | electronic gaming, a sum equal to 21 1/2% of the first prize | ||||||
| 11 | money of every purse won by an Illinois foaled or an Illinois | ||||||
| 12 | conceived and foaled horse in races not limited to an Illinois | ||||||
| 13 | conceived and foaled horse, or both, shall be paid 30% from the | ||||||
| 14 | organization licensee's account and 70% from the purse account | ||||||
| 15 | as follows: 20% to the breeder of the winning horse and 1 1/2% | ||||||
| 16 | to the organization representing thoroughbred breeders and | ||||||
| 17 | owners whose representatives serves on the Illinois | ||||||
| 18 | Thoroughbred Breeders Fund Advisory Board for verifying the | ||||||
| 19 | amounts of breeders' awards earned, assuring their | ||||||
| 20 | distribution in accordance with this Act, and servicing and | ||||||
| 21 | promoting the Illinois Thoroughbred racing industry. A sum | ||||||
| 22 | equal to 12 1/2% of the first prize money of every purse
won by | ||||||
| 23 | an Illinois foaled or an Illinois conceived and foaled horse in
| ||||||
| 24 | races not limited to Illinois foaled horses or Illinois | ||||||
| 25 | conceived and
foaled horses, or both, shall be paid by the | ||||||
| 26 | organization licensee
conducting the horse race meeting. Such | ||||||
| |||||||
| |||||||
| 1 | sum shall be paid from the organization
licensee's share of the | ||||||
| 2 | money wagered as follows: 11 1/2% to the breeder of
the winning | ||||||
| 3 | horse and 1% to the organization representing thoroughbred | ||||||
| 4 | breeders
and owners whose representative serves on the Illinois | ||||||
| 5 | Thoroughbred Breeders
Fund Advisory Board for verifying the | ||||||
| 6 | amounts of breeders' awards earned,
assuring their | ||||||
| 7 | distribution in accordance with this Act, and servicing and
| ||||||
| 8 | promoting the Illinois thoroughbred horse racing industry. The
| ||||||
| 9 | organization representing thoroughbred breeders and owners | ||||||
| 10 | shall cause all
expenditures of monies received under this | ||||||
| 11 | subsection (i) to be audited
at least annually by a registered | ||||||
| 12 | public accountant. The organization
shall file copies of each | ||||||
| 13 | annual audit with the Racing Board, the Clerk of
the House of | ||||||
| 14 | Representatives and the Secretary of the Senate, and shall
make | ||||||
| 15 | copies of each annual audit available to the public upon | ||||||
| 16 | request
and upon payment of the reasonable cost of photocopying | ||||||
| 17 | the requested
number of copies. Such payments shall not reduce | ||||||
| 18 | any award to the owner of the
horse or reduce the taxes payable | ||||||
| 19 | under this Act. Upon completion of its
racing meet, each | ||||||
| 20 | organization licensee shall deliver to the organization
| ||||||
| 21 | representing thoroughbred breeders and owners whose | ||||||
| 22 | representative serves on
the Illinois Thoroughbred Breeders | ||||||
| 23 | Fund Advisory Board a listing of all the
Illinois foaled and | ||||||
| 24 | the Illinois conceived and foaled horses which won
breeders' | ||||||
| 25 | awards and the amount of such breeders' awards under this | ||||||
| 26 | subsection
to verify accuracy of payments and assure proper | ||||||
| |||||||
| |||||||
| 1 | distribution of breeders'
awards in accordance with the | ||||||
| 2 | provisions of this Act. Such payments shall be
delivered by the | ||||||
| 3 | organization licensee within 30 days of the end of each race
| ||||||
| 4 | meeting.
| ||||||
| 5 | (j) A sum equal to 13% of the first prize money won in | ||||||
| 6 | every race limited to Illinois foaled horses or Illinois | ||||||
| 7 | conceived and foaled horses, or both, shall be paid in the | ||||||
| 8 | following manner by the organization licensee conducting the | ||||||
| 9 | horse race meeting, 50% from the organization licensee's share | ||||||
| 10 | of the money wagered and 50% from the purse account as follows: | ||||||
| 11 | 11 1/2% to the breeders of the horses in each such race which | ||||||
| 12 | are the official first, second, third, and fourth finishers and | ||||||
| 13 | 1 1/2% to the organization representing thoroughbred breeders | ||||||
| 14 | and owners whose representatives serves on the Illinois | ||||||
| 15 | Thoroughbred Breeders Fund Advisory Board for verifying the | ||||||
| 16 | amounts of breeders' awards earned, ensuring their proper | ||||||
| 17 | distribution in accordance with this Act, and servicing and | ||||||
| 18 | promoting the Illinois horse racing industry. Beginning in the | ||||||
| 19 | calendar year in which an organization licensee that is | ||||||
| 20 | eligible to receive payments under paragraph (13) of subsection | ||||||
| 21 | (g) of Section 26 of this Act begins to receive funds from | ||||||
| 22 | electronic gaming, a sum of 21 1/2% of every purse in a race | ||||||
| 23 | limited to Illinois foaled horses or Illinois conceived and | ||||||
| 24 | foaled horses, or both, shall be paid by the organization | ||||||
| 25 | licensee conducting the horse race meeting. Such sum shall be | ||||||
| 26 | paid 30% from the organization licensee's account and 70% from | ||||||
| |||||||
| |||||||
| 1 | the purse account as follows: 20% to the breeders of the horses | ||||||
| 2 | in each such race who are official first, second, third and | ||||||
| 3 | fourth finishers and 1 1/2% to the organization representing | ||||||
| 4 | thoroughbred breeders and owners whose representatives serve | ||||||
| 5 | on the Illinois Thoroughbred Breeders Fund Advisory Board for | ||||||
| 6 | verifying the amounts of breeders' awards earned, ensuring | ||||||
| 7 | their proper distribution in accordance with this Act, and | ||||||
| 8 | servicing and promoting the Illinois thoroughbred horse racing | ||||||
| 9 | industry. The organization representing thoroughbred breeders | ||||||
| 10 | and owners shall cause all expenditures of moneys received | ||||||
| 11 | under this subsection (j) to be audited at least annually by a | ||||||
| 12 | registered public accountant. The organization shall file | ||||||
| 13 | copies of each annual audit with the Racing Board, the Clerk of | ||||||
| 14 | the House of Representatives and the Secretary of the Senate, | ||||||
| 15 | and shall make copies of each annual audit available to the | ||||||
| 16 | public upon request and upon payment of the reasonable cost of | ||||||
| 17 | photocopying the requested number of copies. A sum equal to 12 | ||||||
| 18 | 1/2% of the first prize money won in each race
limited to | ||||||
| 19 | Illinois foaled horses or Illinois conceived and foaled
horses, | ||||||
| 20 | or both, shall be paid in the following manner by the
| ||||||
| 21 | organization licensee conducting the horse race meeting, from | ||||||
| 22 | the
organization licensee's share of the money wagered: 11 1/2% | ||||||
| 23 | to the breeders of
the horses in each such race which are the | ||||||
| 24 | official first, second, third
and fourth finishers and 1% to | ||||||
| 25 | the organization representing thoroughbred
breeders and owners | ||||||
| 26 | whose representative serves on the Illinois Thoroughbred
| ||||||
| |||||||
| |||||||
| 1 | Breeders Fund Advisory Board for verifying the amounts of | ||||||
| 2 | breeders' awards
earned, assuring their proper distribution in | ||||||
| 3 | accordance with this Act, and
servicing and promoting the | ||||||
| 4 | Illinois thoroughbred horse racing industry. The
organization | ||||||
| 5 | representing thoroughbred breeders and owners shall cause all
| ||||||
| 6 | expenditures of monies received under this subsection (j) to be | ||||||
| 7 | audited
at least annually by a registered public accountant. | ||||||
| 8 | The organization
shall file copies of each annual audit with | ||||||
| 9 | the Racing Board, the Clerk of
the House of Representatives and | ||||||
| 10 | the Secretary of the Senate, and shall
make copies of each | ||||||
| 11 | annual audit available to the public upon request
and upon | ||||||
| 12 | payment of the reasonable cost of photocopying the requested
| ||||||
| 13 | number of copies.
| ||||||
| 14 | The amounts 11 1/2% paid to the breeders in accordance with | ||||||
| 15 | this subsection
shall be distributed as follows:
| ||||||
| 16 | (1) 60% of such sum shall be paid to the breeder of the | ||||||
| 17 | horse which
finishes in the official first position;
| ||||||
| 18 | (2) 20% of such sum shall be paid to the breeder of the | ||||||
| 19 | horse which
finishes in the official second position;
| ||||||
| 20 | (3) 15% of such sum shall be paid to the breeder of the | ||||||
| 21 | horse which
finishes in the official third position; and
| ||||||
| 22 | (4) 5% of such sum shall be paid to the breeder of the | ||||||
| 23 | horse which
finishes in the official fourth position.
| ||||||
| 24 | Such payments shall not reduce any award to the owners of a | ||||||
| 25 | horse or
reduce the taxes payable under this Act. Upon | ||||||
| 26 | completion of its racing meet,
each organization licensee shall | ||||||
| |||||||
| |||||||
| 1 | deliver to the organization representing
thoroughbred breeders | ||||||
| 2 | and owners whose representative serves on the Illinois
| ||||||
| 3 | Thoroughbred Breeders Fund Advisory Board a listing of all the | ||||||
| 4 | Illinois foaled
and the Illinois conceived and foaled horses | ||||||
| 5 | which won breeders' awards and the
amount of such breeders' | ||||||
| 6 | awards in accordance with the provisions of this Act.
Such | ||||||
| 7 | payments shall be delivered by the organization licensee within | ||||||
| 8 | 30 days of
the end of each race meeting.
| ||||||
| 9 | (k) The term "breeder", as used herein, means the owner of | ||||||
| 10 | the mare at
the time the foal is dropped. An "Illinois foaled | ||||||
| 11 | horse" is a foal
dropped by a mare which enters this State on | ||||||
| 12 | or before December 1, in the
year in which the horse is bred,
| ||||||
| 13 | provided the mare remains continuously in this State until its | ||||||
| 14 | foal is born. An
"Illinois
foaled
horse" also means a foal born | ||||||
| 15 | of a mare in the same year
as the
mare enters this State on or | ||||||
| 16 | before March 1,
and remains in this State at
least 30
days | ||||||
| 17 | after foaling, is bred back during the season of the foaling to
| ||||||
| 18 | an
Illinois Registered Stallion (unless a veterinarian | ||||||
| 19 | certifies that the mare
should not be bred for health reasons), | ||||||
| 20 | and is not bred to a stallion
standing in any other state | ||||||
| 21 | during the season of foaling. An "Illinois
foaled horse" also | ||||||
| 22 | means a foal born in Illinois of a mare purchased at public
| ||||||
| 23 | auction
subsequent to the mare entering this State on or before | ||||||
| 24 | March 1 prior to February 1 of the foaling
year providing the | ||||||
| 25 | mare is owned solely by one or more Illinois residents or an
| ||||||
| 26 | Illinois
entity that is entirely owned by one or more Illinois | ||||||
| |||||||
| |||||||
| 1 | residents.
| ||||||
| 2 | (l) The Department of Agriculture shall, by rule, with the | ||||||
| 3 | advice
and assistance of the Illinois Thoroughbred Breeders | ||||||
| 4 | Fund Advisory
Board:
| ||||||
| 5 | (1) Qualify stallions for Illinois breeding; such | ||||||
| 6 | stallions to stand for
service within the State of Illinois | ||||||
| 7 | at the time of a foal's conception. Such
stallion must not | ||||||
| 8 | stand for service at any place outside the State of | ||||||
| 9 | Illinois
during the calendar year in which the foal is | ||||||
| 10 | conceived.
The Department of Agriculture may assess and | ||||||
| 11 | collect an application fee of up to $500 fees for the
| ||||||
| 12 | registration of Illinois-eligible stallions. All fees | ||||||
| 13 | collected are to be held in trust accounts for the purposes | ||||||
| 14 | set forth in this Act and in accordance with Section 205-15 | ||||||
| 15 | of the Department of Agriculture Law paid
into the Illinois | ||||||
| 16 | Thoroughbred Breeders Fund.
| ||||||
| 17 | (2) Provide for the registration of Illinois conceived | ||||||
| 18 | and foaled
horses and Illinois foaled horses. No such horse | ||||||
| 19 | shall compete in
the races limited to Illinois conceived | ||||||
| 20 | and foaled horses or Illinois
foaled horses or both unless | ||||||
| 21 | registered with the Department of
Agriculture. The | ||||||
| 22 | Department of Agriculture may prescribe such forms as
are | ||||||
| 23 | necessary to determine the eligibility of such horses. The | ||||||
| 24 | Department of
Agriculture may assess and collect | ||||||
| 25 | application fees for the registration of
Illinois-eligible | ||||||
| 26 | foals. All fees collected are to be held in trust accounts | ||||||
| |||||||
| |||||||
| 1 | for the purposes set forth in this Act and in accordance | ||||||
| 2 | with Section 205-15 of the Department of Agriculture Law | ||||||
| 3 | paid into the Illinois
Thoroughbred Breeders Fund. No | ||||||
| 4 | person
shall knowingly prepare or cause preparation of an | ||||||
| 5 | application for
registration of such foals containing | ||||||
| 6 | false information.
| ||||||
| 7 | (m) The Department of Agriculture, with the advice and | ||||||
| 8 | assistance of
the Illinois Thoroughbred Breeders Fund Advisory | ||||||
| 9 | Board, shall provide that certain races
limited to Illinois | ||||||
| 10 | conceived and foaled and Illinois foaled horses be
stakes races | ||||||
| 11 | and determine the total amount of stakes and awards to be paid
| ||||||
| 12 | to the owners of the winning horses in such races.
| ||||||
| 13 | In determining the stakes races and the amount of awards | ||||||
| 14 | for such races,
the Department of Agriculture shall consider | ||||||
| 15 | factors, including but not
limited to, the amount of money | ||||||
| 16 | appropriated for the Illinois Thoroughbred
Breeders Fund | ||||||
| 17 | program, organization licensees' contributions,
availability | ||||||
| 18 | of stakes caliber horses as demonstrated by past performances,
| ||||||
| 19 | whether the race can be coordinated into the proposed racing | ||||||
| 20 | dates within
organization licensees' racing dates, opportunity | ||||||
| 21 | for
colts and fillies
and various age groups to race, public | ||||||
| 22 | wagering on such races, and the
previous racing schedule.
| ||||||
| 23 | (n) The Board and the organizational licensee shall
notify | ||||||
| 24 | the Department of the conditions and minimum purses for races
| ||||||
| 25 | limited to Illinois conceived and foaled and Illinois foaled | ||||||
| 26 | horses
conducted for each organizational licensee conducting a | ||||||
| |||||||
| |||||||
| 1 | thoroughbred racing
meeting. The Department of Agriculture | ||||||
| 2 | with the advice and assistance of
the Illinois Thoroughbred | ||||||
| 3 | Breeders Fund Advisory Board may allocate monies
for purse | ||||||
| 4 | supplements for such races. In determining whether to allocate
| ||||||
| 5 | money and the amount, the Department of Agriculture shall | ||||||
| 6 | consider factors,
including but not limited to, the amount of | ||||||
| 7 | money appropriated for the
Illinois Thoroughbred Breeders Fund | ||||||
| 8 | program, the number of races that may
occur, and the | ||||||
| 9 | organizational licensee's purse structure.
| ||||||
| 10 | (o) (Blank).
| ||||||
| 11 | (Source: P.A. 98-692, eff. 7-1-14.)
| ||||||
| 12 | (230 ILCS 5/30.5)
| ||||||
| 13 | Sec. 30.5. Illinois Racing Quarter Horse Breeders Fund.
| ||||||
| 14 | (a) The General Assembly declares that it is the policy of | ||||||
| 15 | this State to
encourage the breeding of racing quarter horses | ||||||
| 16 | in this State and the ownership
of such horses by residents of | ||||||
| 17 | this State in order to provide for sufficient
numbers of high | ||||||
| 18 | quality racing quarter horses in this State and to establish
| ||||||
| 19 | and
preserve the agricultural and commercial benefits of such | ||||||
| 20 | breeding and racing
industries to the State of Illinois. It is | ||||||
| 21 | the intent of the General Assembly
to
further this policy by | ||||||
| 22 | the provisions of this Act.
| ||||||
| 23 | (b) There is hereby created non-appropriated trust a | ||||||
| 24 | special fund in the State Treasury to be
known as the Illinois | ||||||
| 25 | Racing Quarter Horse Breeders Fund, which is held separately | ||||||
| |||||||
| |||||||
| 1 | from State moneys. Except as provided
in
subsection (g) of | ||||||
| 2 | Section 27 of this Act, 8.5% of all the moneys received by
the
| ||||||
| 3 | State as pari-mutuel taxes on quarter horse racing shall be | ||||||
| 4 | paid into the
Illinois
Racing Quarter Horse Breeders Fund. The | ||||||
| 5 | Illinois Racing Quarter Horse Breeders Fund shall not be | ||||||
| 6 | subject to administrative charges or chargebacks, including, | ||||||
| 7 | but not
limited to, those authorized under Section 8h of the | ||||||
| 8 | State Finance Act.
| ||||||
| 9 | (c) The Illinois Racing Quarter Horse Breeders Fund shall | ||||||
| 10 | be administered
by the Department of Agriculture with the | ||||||
| 11 | advice and assistance of the Advisory
Board created in | ||||||
| 12 | subsection (d) of this Section.
| ||||||
| 13 | (d) The Illinois Racing Quarter Horse Breeders Fund | ||||||
| 14 | Advisory Board shall
consist of the Director of the Department | ||||||
| 15 | of Agriculture, who shall serve as
Chairman; a member of the | ||||||
| 16 | Illinois Racing Board, designated by it; one
representative of | ||||||
| 17 | the organization licensees conducting pari-mutuel
quarter | ||||||
| 18 | horse racing meetings,
recommended by them; 2 representatives | ||||||
| 19 | of the Illinois Running Quarter Horse
Association, recommended | ||||||
| 20 | by it; and the Superintendent of Fairs and Promotions
from the | ||||||
| 21 | Department of Agriculture. Advisory Board members shall serve | ||||||
| 22 | for 2
years commencing January 1 of each odd numbered year. If | ||||||
| 23 | representatives have
not
been recommended by January 1 of each | ||||||
| 24 | odd numbered year, the Director of the
Department of | ||||||
| 25 | Agriculture may make an appointment for the organization | ||||||
| 26 | failing
to
so recommend a member of the Advisory Board. | ||||||
| |||||||
| |||||||
| 1 | Advisory Board members shall
receive
no compensation for their | ||||||
| 2 | services as members but may be reimbursed for all
actual and | ||||||
| 3 | necessary expenses and disbursements incurred in the execution | ||||||
| 4 | of
their official duties.
| ||||||
| 5 | (e) Moneys in No moneys shall be expended from the Illinois | ||||||
| 6 | Racing Quarter Horse
Breeders Fund except as appropriated by | ||||||
| 7 | the General Assembly. Moneys
appropriated
from the Illinois | ||||||
| 8 | Racing Quarter Horse Breeders Fund shall be expended by the
| ||||||
| 9 | Department of Agriculture, with the advice and assistance of | ||||||
| 10 | the Illinois
Racing
Quarter Horse Breeders Fund Advisory Board, | ||||||
| 11 | for the following purposes only:
| ||||||
| 12 | (1) To provide stakes and awards to be paid to the
| ||||||
| 13 | owners of the winning horses in certain races. This | ||||||
| 14 | provision
is limited to Illinois conceived and foaled | ||||||
| 15 | horses.
| ||||||
| 16 | (2) To provide an award to the owner or owners of an | ||||||
| 17 | Illinois
conceived and foaled horse that wins a race when | ||||||
| 18 | pari-mutuel wagering is
conducted; providing the race is | ||||||
| 19 | not restricted to Illinois conceived and
foaled horses.
| ||||||
| 20 | (3) To provide purse money for an Illinois stallion | ||||||
| 21 | stakes program.
| ||||||
| 22 | (4) To provide for purses to be distributed for the | ||||||
| 23 | running of races
during the Illinois State Fair and the | ||||||
| 24 | DuQuoin State Fair exclusively for
quarter horses | ||||||
| 25 | conceived and foaled in Illinois.
| ||||||
| 26 | (5) To provide for purses to be distributed for the | ||||||
| |||||||
| |||||||
| 1 | running of races
at Illinois county fairs exclusively for | ||||||
| 2 | quarter horses conceived and foaled
in Illinois.
| ||||||
| 3 | (6) To provide for purses to be distributed for running | ||||||
| 4 | races
exclusively for quarter horses conceived and foaled | ||||||
| 5 | in Illinois at locations
in Illinois determined by the | ||||||
| 6 | Department of Agriculture with advice and
consent of the | ||||||
| 7 | Illinois Racing Quarter Horse Breeders Fund Advisory | ||||||
| 8 | Board.
| ||||||
| 9 | (7) No less than 90% of all moneys appropriated from | ||||||
| 10 | the Illinois
Racing Quarter Horse Breeders Fund shall be | ||||||
| 11 | expended for the purposes in
items (1), (2), (3), (4), and | ||||||
| 12 | (5) of this subsection (e).
| ||||||
| 13 | (8) To provide for research programs concerning the | ||||||
| 14 | health,
development, and care of racing quarter horses.
| ||||||
| 15 | (9) To provide for dissemination of public information | ||||||
| 16 | designed to
promote the breeding of racing quarter horses | ||||||
| 17 | in Illinois.
| ||||||
| 18 | (10) To provide for expenses incurred in the | ||||||
| 19 | administration of the
Illinois Racing Quarter Horse | ||||||
| 20 | Breeders Fund.
| ||||||
| 21 | (f) The Department of Agriculture shall, by rule, with the | ||||||
| 22 | advice and
assistance of the Illinois Racing Quarter Horse | ||||||
| 23 | Breeders Fund Advisory Board:
| ||||||
| 24 | (1) Qualify stallions for Illinois breeding; such | ||||||
| 25 | stallions to stand
for service within the State of | ||||||
| 26 | Illinois, at the time of a foal's
conception. Such stallion | ||||||
| |||||||
| |||||||
| 1 | must not stand for service at any place outside
the State | ||||||
| 2 | of Illinois during the calendar year in which the foal is
| ||||||
| 3 | conceived. The Department of Agriculture may assess and | ||||||
| 4 | collect application
fees for the registration of | ||||||
| 5 | Illinois-eligible stallions. All fees collected
are to be | ||||||
| 6 | paid into the Illinois Racing Quarter Horse Breeders Fund.
| ||||||
| 7 | (2) Provide for the registration of Illinois conceived | ||||||
| 8 | and foaled
horses. No such horse shall compete in the races | ||||||
| 9 | limited to Illinois
conceived and foaled horses unless it | ||||||
| 10 | is registered with the Department of
Agriculture. The | ||||||
| 11 | Department of Agriculture may prescribe such forms as are
| ||||||
| 12 | necessary to determine the eligibility of such horses. The | ||||||
| 13 | Department of
Agriculture may assess and collect | ||||||
| 14 | application fees for the registration of
Illinois-eligible | ||||||
| 15 | foals. All fees collected are to be paid into the Illinois
| ||||||
| 16 | Racing Quarter Horse Breeders Fund. No person shall | ||||||
| 17 | knowingly prepare or
cause preparation of an application | ||||||
| 18 | for registration of such foals that
contains false | ||||||
| 19 | information.
| ||||||
| 20 | (g) The Department of Agriculture, with the advice and | ||||||
| 21 | assistance of the
Illinois Racing Quarter Horse Breeders Fund | ||||||
| 22 | Advisory Board, shall provide that
certain races limited to | ||||||
| 23 | Illinois conceived and foaled be stakes races and
determine the | ||||||
| 24 | total amount of stakes and awards to be paid to the owners of | ||||||
| 25 | the
winning horses in such races.
| ||||||
| 26 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
| ||||||
| 2 | Sec. 31.
(a) The General Assembly declares that it is the | ||||||
| 3 | policy of
this State to encourage the breeding of standardbred | ||||||
| 4 | horses in this
State and the ownership of such horses by | ||||||
| 5 | residents of this State in
order to provide for: sufficient | ||||||
| 6 | numbers of high quality standardbred
horses to participate in | ||||||
| 7 | harness racing meetings in this State, and to
establish and | ||||||
| 8 | 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 Section of this Act.
| ||||||
| 12 | (b) Each organization licensee conducting a harness
racing | ||||||
| 13 | meeting pursuant to this Act shall provide for at least two | ||||||
| 14 | races each
race program limited to
Illinois conceived and | ||||||
| 15 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
| 16 | week limited to Illinois conceived and foaled horses. No
horses | ||||||
| 17 | shall be permitted to start in such races unless duly | ||||||
| 18 | registered
under the rules of the Department of Agriculture.
| ||||||
| 19 | (b-5) Organization licensees, not including the Illinois | ||||||
| 20 | State Fair or the DuQuoin State Fair, shall provide stake races | ||||||
| 21 | and early closer races for Illinois conceived and foaled horses | ||||||
| 22 | so that purses distributed for such races shall be no less than | ||||||
| 23 | 17% of total purses distributed for harness racing in that | ||||||
| 24 | calendar year in addition to any stakes payments and starting | ||||||
| 25 | fees contributed by horse owners. | ||||||
| |||||||
| |||||||
| 1 | (b-10) Each organization licensee conducting a harness | ||||||
| 2 | racing meeting
pursuant to this Act shall provide an owner | ||||||
| 3 | award to be paid from the purse
account equal to 25% of the | ||||||
| 4 | amount earned by Illinois conceived and foaled
horses in races | ||||||
| 5 | that are not restricted to Illinois conceived and foaled
| ||||||
| 6 | horses. The owner awards shall not be paid on races below the | ||||||
| 7 | $10,000 claiming class. | ||||||
| 8 | (c) Conditions of races under subsection (b) shall be | ||||||
| 9 | commensurate
with past performance, quality and class of | ||||||
| 10 | Illinois conceived and
foaled horses available. If, however, | ||||||
| 11 | sufficient competition cannot be
had among horses of that class | ||||||
| 12 | on any day, the races may, with consent
of the Board, be | ||||||
| 13 | eliminated for that day and substitute races provided.
| ||||||
| 14 | (d) There is hereby created a special fund of the State | ||||||
| 15 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
| 16 | Fund.
| ||||||
| 17 | During the calendar year 1981, and each year thereafter, | ||||||
| 18 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
| 19 | eight and one-half
per cent of all the monies received by the | ||||||
| 20 | State as privilege taxes on
harness racing meetings shall be | ||||||
| 21 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
| 22 | (e) The Illinois Standardbred Breeders Fund shall be | ||||||
| 23 | administered by
the Department of Agriculture with the | ||||||
| 24 | assistance and advice of the
Advisory Board created in | ||||||
| 25 | subsection (f) of this Section.
| ||||||
| 26 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
| |||||||
| |||||||
| 1 | is hereby
created. The Advisory Board shall consist of the | ||||||
| 2 | Director of the
Department of Agriculture, who shall serve as | ||||||
| 3 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
| 4 | member of the Illinois
Racing Board, designated by it; a | ||||||
| 5 | representative of the largest association of Illinois | ||||||
| 6 | standardbred owners and breeders, recommended by it; a
| ||||||
| 7 | representative of a statewide association representing | ||||||
| 8 | agricultural fairs in Illinois,
recommended by it, such | ||||||
| 9 | representative to be from a fair at which
Illinois conceived | ||||||
| 10 | and foaled racing is conducted; a representative of
the | ||||||
| 11 | organization licensees conducting harness racing
meetings, | ||||||
| 12 | recommended by them; a representative of the Breeder's | ||||||
| 13 | Committee of the association representing the largest number of | ||||||
| 14 | standardbred owners, breeders, trainers, caretakers, and | ||||||
| 15 | drivers, recommended by it;
and a representative of the | ||||||
| 16 | association representing the largest number of standardbred | ||||||
| 17 | owners, breeders, trainers, caretakers, and drivers,
| ||||||
| 18 | recommended by it. Advisory Board members shall serve for 2 | ||||||
| 19 | years
commencing January 1 of each odd numbered year. If | ||||||
| 20 | representatives of
the largest association of Illinois | ||||||
| 21 | standardbred owners and breeders, a statewide association of | ||||||
| 22 | agricultural fairs in Illinois, the association representing | ||||||
| 23 | the largest number of standardbred owners, breeders, trainers, | ||||||
| 24 | caretakers, and drivers, a member of the Breeder's Committee of | ||||||
| 25 | the association representing the largest number of | ||||||
| 26 | standardbred owners, breeders, trainers, caretakers, and | ||||||
| |||||||
| |||||||
| 1 | drivers, and the organization licensees conducting
harness | ||||||
| 2 | racing meetings
have not been recommended by January 1 of each | ||||||
| 3 | odd numbered year, the
Director of the Department of | ||||||
| 4 | Agriculture shall make an appointment for
the organization | ||||||
| 5 | failing to so recommend a member of the Advisory Board.
| ||||||
| 6 | Advisory Board members shall receive no compensation for their | ||||||
| 7 | services
as members but shall be reimbursed for all actual and | ||||||
| 8 | necessary expenses
and disbursements incurred in the execution | ||||||
| 9 | of their official duties.
| ||||||
| 10 | (g) No monies shall be expended from the Illinois | ||||||
| 11 | Standardbred
Breeders Fund except as appropriated by the | ||||||
| 12 | General Assembly. Monies
appropriated from the Illinois | ||||||
| 13 | Standardbred Breeders Fund shall be
expended by the Department | ||||||
| 14 | of Agriculture, with the assistance and
advice of the Illinois | ||||||
| 15 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
| 16 | purposes only:
| ||||||
| 17 | 1. To provide purses for races limited to Illinois | ||||||
| 18 | conceived and
foaled horses at the State Fair and the | ||||||
| 19 | DuQuoin State Fair.
| ||||||
| 20 | 2. To provide purses for races limited to Illinois | ||||||
| 21 | conceived and
foaled horses at county fairs.
| ||||||
| 22 | 3. To provide purse supplements for races limited to | ||||||
| 23 | Illinois
conceived and foaled horses conducted by | ||||||
| 24 | associations conducting harness
racing meetings.
| ||||||
| 25 | 4. No less than 75% of all monies in the Illinois | ||||||
| 26 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
| |||||||
| |||||||
| 1 | 1, 2 and 3 as shown above.
| ||||||
| 2 | 5. In the discretion of the Department of Agriculture | ||||||
| 3 | to provide
awards to harness breeders of Illinois conceived | ||||||
| 4 | and foaled horses which
win races conducted by organization | ||||||
| 5 | licensees
conducting harness racing meetings.
A breeder is | ||||||
| 6 | the owner of a mare at the time of conception. No more
than | ||||||
| 7 | 10% of all monies appropriated from the Illinois
| ||||||
| 8 | Standardbred Breeders Fund shall
be expended for such | ||||||
| 9 | harness breeders awards. No more than 25% of the
amount | ||||||
| 10 | expended for harness breeders awards shall be expended for
| ||||||
| 11 | expenses incurred in the administration of such harness | ||||||
| 12 | breeders awards.
| ||||||
| 13 | 6. To pay for the improvement of racing facilities | ||||||
| 14 | located at the
State Fair and County fairs.
| ||||||
| 15 | 7. To pay the expenses incurred in the administration | ||||||
| 16 | of the
Illinois Standardbred Breeders Fund.
| ||||||
| 17 | 8. To promote the sport of harness racing, including | ||||||
| 18 | grants up to a
maximum of $7,500 per fair per year for | ||||||
| 19 | conducting pari-mutuel wagering during the advertised | ||||||
| 20 | dates of a
county fair.
| ||||||
| 21 | 9. To pay up to $50,000 annually for the Department of | ||||||
| 22 | Agriculture to conduct drug testing at county fairs racing | ||||||
| 23 | standardbred horses. | ||||||
| 24 | (h) (Blank) Whenever the Governor finds that the amount in | ||||||
| 25 | the Illinois
Standardbred Breeders Fund is more than the total | ||||||
| 26 | of the outstanding
appropriations from such fund, the Governor | ||||||
| |||||||
| |||||||
| 1 | shall notify the State
Comptroller and the State Treasurer of | ||||||
| 2 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
| 3 | receipt of such notification, shall transfer
such excess amount | ||||||
| 4 | from the Illinois Standardbred Breeders Fund to the
General | ||||||
| 5 | Revenue Fund.
| ||||||
| 6 | (i) A sum equal to 13% 12 1/2% of the first prize money of | ||||||
| 7 | the gross every purse
won by an Illinois conceived and foaled | ||||||
| 8 | horse shall be paid 50% by the
organization licensee conducting | ||||||
| 9 | the horse race meeting to the breeder
of such winning horse | ||||||
| 10 | from the organization licensee's account and 50% from the purse | ||||||
| 11 | account of the licensee share of the
money wagered.
Such | ||||||
| 12 | payment
shall not reduce any award to the owner of
the horse or | ||||||
| 13 | reduce the taxes payable under this Act. Such payment
shall be | ||||||
| 14 | delivered by the organization licensee at the end of each | ||||||
| 15 | quarter race
meeting.
| ||||||
| 16 | (j) The Department of Agriculture shall, by rule, with the
| ||||||
| 17 | assistance and advice of the Illinois Standardbred Breeders | ||||||
| 18 | Fund
Advisory Board:
| ||||||
| 19 | 1. Qualify stallions for Illinois Standardbred | ||||||
| 20 | Breeders Fund breeding; such stallion
shall be owned by a | ||||||
| 21 | resident of the State of Illinois or by an Illinois
| ||||||
| 22 | corporation all of whose shareholders, directors, officers | ||||||
| 23 | and
incorporators are residents of the State of Illinois. | ||||||
| 24 | Such stallion shall
stand for
service at and within the | ||||||
| 25 | State of Illinois at the time of a foal's
conception, and | ||||||
| 26 | such stallion must not stand for service at any place, nor
| ||||||
| |||||||
| |||||||
| 1 | may semen from such stallion be transported,
outside the | ||||||
| 2 | State of Illinois during that calendar year in which the
| ||||||
| 3 | foal is conceived and that the owner of the stallion was | ||||||
| 4 | for the
12
months prior, a resident of Illinois. Foals | ||||||
| 5 | conceived outside the State of Illinois from shipped semen | ||||||
| 6 | from a
stallion qualified for breeders' awards under this | ||||||
| 7 | Section are
not eligible to participate in the Illinois | ||||||
| 8 | conceived and foaled program.
The articles of agreement of | ||||||
| 9 | any partnership, joint venture, limited
partnership, | ||||||
| 10 | syndicate, association or corporation and any bylaws and | ||||||
| 11 | stock
certificates must contain a restriction that | ||||||
| 12 | provides that the ownership or
transfer of interest by any | ||||||
| 13 | one of the persons a party to the agreement can
only be | ||||||
| 14 | made to a person who qualifies as an Illinois resident.
| ||||||
| 15 | 2. Provide for the registration of Illinois conceived | ||||||
| 16 | and foaled
horses and no such horse shall compete in the | ||||||
| 17 | races limited to Illinois
conceived and foaled horses | ||||||
| 18 | unless registered with the Department of
Agriculture. The | ||||||
| 19 | Department of Agriculture may prescribe such forms as
may | ||||||
| 20 | be necessary to determine the eligibility of such horses. | ||||||
| 21 | No person
shall knowingly prepare or cause preparation of | ||||||
| 22 | an application for
registration of such foals containing | ||||||
| 23 | false information.
A mare (dam) must be in the state at | ||||||
| 24 | least 180 30 days prior to foaling or
remain in the State | ||||||
| 25 | at least 30 days at the time of foaling.
Beginning with the | ||||||
| 26 | 1996 breeding season and for foals of 1997 and thereafter,
| ||||||
| |||||||
| |||||||
| 1 | a foal conceived in the State of Illinois by transported | ||||||
| 2 | fresh semen may be eligible for Illinois
conceived and | ||||||
| 3 | foaled registration provided all breeding and foaling
| ||||||
| 4 | requirements are met. The stallion must be qualified for | ||||||
| 5 | Illinois Standardbred
Breeders Fund breeding at the time of | ||||||
| 6 | conception and the mare must be
inseminated within the | ||||||
| 7 | State of Illinois. The foal must be dropped in Illinois
and | ||||||
| 8 | properly registered with the Department of Agriculture in | ||||||
| 9 | accordance with
this Act.
| ||||||
| 10 | 3. Provide that at least a 5 day racing program shall | ||||||
| 11 | be conducted
at the State Fair each year, which program | ||||||
| 12 | shall include at least the
following races limited to | ||||||
| 13 | Illinois conceived and foaled horses: (a) a
two year old | ||||||
| 14 | Trot and Pace, and Filly Division of each; (b) a three
year | ||||||
| 15 | old Trot and Pace, and Filly Division of each; (c) an aged | ||||||
| 16 | Trot and Pace,
and Mare Division of each.
| ||||||
| 17 | 4. Provide for the payment of nominating, sustaining | ||||||
| 18 | and starting
fees for races promoting the sport of harness | ||||||
| 19 | racing and for the races
to be conducted at the State Fair | ||||||
| 20 | as provided in
subsection (j) 3 of this Section provided | ||||||
| 21 | that the nominating,
sustaining and starting payment | ||||||
| 22 | required from an entrant shall not
exceed 2% of the purse | ||||||
| 23 | of such race. All nominating, sustaining and
starting | ||||||
| 24 | payments shall be held for the benefit of entrants and | ||||||
| 25 | shall be
paid out as part of the respective purses for such | ||||||
| 26 | races.
Nominating, sustaining and starting fees shall be | ||||||
| |||||||
| |||||||
| 1 | held in trust accounts
for the purposes as set forth in | ||||||
| 2 | this Act and in accordance with Section
205-15 of the | ||||||
| 3 | Department of Agriculture Law (20 ILCS
205/205-15).
| ||||||
| 4 | 5. Provide for the registration with the Department of | ||||||
| 5 | Agriculture
of Colt Associations or county fairs desiring | ||||||
| 6 | to sponsor races at county
fairs.
| ||||||
| 7 | 6. Provide for the promotion of producing standardbred | ||||||
| 8 | racehorses by providing a bonus award program for owners of | ||||||
| 9 | 2-year-old horses that win multiple major stakes races that | ||||||
| 10 | are limited to Illinois conceived and foaled horses. | ||||||
| 11 | (k) The Department of Agriculture, with the advice and | ||||||
| 12 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
| 13 | Board, may allocate monies for purse
supplements for such | ||||||
| 14 | races. In determining whether to allocate money and
the amount, | ||||||
| 15 | the Department
of Agriculture shall consider factors, | ||||||
| 16 | including but not limited to, the
amount of money appropriated | ||||||
| 17 | for the Illinois Standardbred Breeders Fund
program, the number | ||||||
| 18 | of races that may occur, and an organizational
licensee's purse | ||||||
| 19 | structure. The organizational licensee shall notify the
| ||||||
| 20 | Department of Agriculture of the conditions and minimum purses | ||||||
| 21 | for races
limited to Illinois conceived and foaled horses to be | ||||||
| 22 | conducted by each
organizational licensee conducting a harness | ||||||
| 23 | racing meeting for which purse
supplements have been | ||||||
| 24 | negotiated.
| ||||||
| 25 | (l) All races held at county fairs and the State Fair which | ||||||
| 26 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
| |||||||
| |||||||
| 1 | shall be conducted in
accordance with the rules of the United | ||||||
| 2 | States Trotting Association unless
otherwise modified by the | ||||||
| 3 | Department of Agriculture.
| ||||||
| 4 | (m) At all standardbred race meetings held or conducted | ||||||
| 5 | under authority of a
license granted by the Board, and at all | ||||||
| 6 | standardbred races held at county
fairs which are approved by | ||||||
| 7 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
| 8 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
| 9 | standardbred horse unless he or she is wearing a protective | ||||||
| 10 | safety helmet,
with the
chin strap fastened and in place, which | ||||||
| 11 | meets the standards and
requirements as set forth in the 1984 | ||||||
| 12 | Standard for Protective Headgear for
Use in Harness Racing and | ||||||
| 13 | Other Equestrian Sports published by the Snell
Memorial | ||||||
| 14 | Foundation, or any standards and requirements for headgear the
| ||||||
| 15 | Illinois Racing Board may approve. Any other standards and | ||||||
| 16 | requirements so
approved by the Board shall equal or exceed | ||||||
| 17 | those published by the Snell
Memorial Foundation. Any | ||||||
| 18 | equestrian helmet bearing the Snell label shall
be deemed to | ||||||
| 19 | have met those standards and requirements.
| ||||||
| 20 | (Source: P.A. 99-756, eff. 8-12-16.)
| ||||||
| 21 | (230 ILCS 5/32.1)
| ||||||
| 22 | Sec. 32.1. Pari-mutuel tax credit; statewide racetrack | ||||||
| 23 | real estate
equalization. | ||||||
| 24 | (a) In order to encourage new investment in Illinois | ||||||
| 25 | racetrack facilities and
mitigate differing real estate tax | ||||||
| |||||||
| |||||||
| 1 | burdens among all racetracks, the licensees
affiliated or | ||||||
| 2 | associated with each racetrack that has been awarded live | ||||||
| 3 | racing
dates in the current year shall receive an immediate | ||||||
| 4 | pari-mutuel tax credit in
an amount equal to the greater of (i) | ||||||
| 5 | 50% of the amount of the real estate
taxes paid in the prior | ||||||
| 6 | year attributable to that racetrack, or (ii) the amount
by | ||||||
| 7 | which the real estate taxes paid in the prior year attributable | ||||||
| 8 | to that
racetrack exceeds 60% of the average real estate taxes | ||||||
| 9 | paid in the prior year
for all racetracks awarded live horse | ||||||
| 10 | racing meets in the current year.
| ||||||
| 11 | Each year, regardless of whether the organization licensee | ||||||
| 12 | conducted live
racing in the year of certification, the
Board | ||||||
| 13 | shall certify in writing, prior to December 31, the real
estate | ||||||
| 14 | taxes paid in that year for each racetrack and the amount of | ||||||
| 15 | the
pari-mutuel tax credit that each organization licensee, | ||||||
| 16 | inter-track intertrack wagering
licensee, and inter-track | ||||||
| 17 | intertrack wagering location licensee that derives its license
| ||||||
| 18 | from such racetrack is entitled in the succeeding calendar | ||||||
| 19 | year. The real
estate taxes considered under this Section
for | ||||||
| 20 | any racetrack shall be those taxes on the real estate parcels | ||||||
| 21 | and related
facilities used to conduct a horse race meeting and | ||||||
| 22 | inter-track wagering at
such
racetrack under this Act.
In no | ||||||
| 23 | event shall the amount of the tax credit under this Section | ||||||
| 24 | exceed the
amount of pari-mutuel taxes otherwise calculated | ||||||
| 25 | under this Act.
The amount of the tax credit under this Section
| ||||||
| 26 | shall be retained by each licensee and shall not be subject to | ||||||
| |||||||
| |||||||
| 1 | any reallocation
or further distribution under this Act. The | ||||||
| 2 | Board may promulgate emergency
rules to implement this Section.
| ||||||
| 3 | (b) If the organization licensee is operating electronic | ||||||
| 4 | gaming, then, for the 5-year period beginning on the January 1 | ||||||
| 5 | of the calendar year immediately following the calendar year | ||||||
| 6 | during which an organization licensee begins conducting | ||||||
| 7 | electronic gaming operations pursuant to an electronic gaming | ||||||
| 8 | license issued under the Illinois Gambling Act, the | ||||||
| 9 | organization licensee shall make capital expenditures, in an | ||||||
| 10 | amount equal to no less than 50% of the tax credit under this | ||||||
| 11 | Section, to the improvement and maintenance of the backstretch, | ||||||
| 12 | including, but not limited to, backstretch barns, dormitories, | ||||||
| 13 | and services for backstretch workers. Those capital | ||||||
| 14 | expenditures must be in addition to, and not in lieu of, the | ||||||
| 15 | capital expenditures made for backstretch improvements in | ||||||
| 16 | calendar year 2015, as reported to the Board in the | ||||||
| 17 | organization licensee's application for racing dates and as | ||||||
| 18 | certified by the Board. The organization licensee is required | ||||||
| 19 | to annually submit the list and amounts of these capital | ||||||
| 20 | expenditures to the Board by January 30th of the year following | ||||||
| 21 | the expenditure. | ||||||
| 22 | (c) If the organization licensee is operating electronic | ||||||
| 23 | gaming in accordance with paragraph (b), then, after the 5-year | ||||||
| 24 | period beginning on January 1 of the calendar year immediately | ||||||
| 25 | following the calendar year during which an organization | ||||||
| 26 | licensee begins conducting electronic gaming operations | ||||||
| |||||||
| |||||||
| 1 | pursuant to an electronic gaming license issued under the | ||||||
| 2 | Illinois Gambling Act, the organization license is ineligible | ||||||
| 3 | to receive a tax credit under this Section. | ||||||
| 4 | (Source: P.A. 91-40, eff. 6-25-99; revised 9-2-16.)
| ||||||
| 5 | (230 ILCS 5/34.3 new) | ||||||
| 6 | Sec. 34.3. Drug testing. The Illinois Racing Board and the | ||||||
| 7 | Department of Agriculture shall jointly establish a program for | ||||||
| 8 | the purpose of conducting drug testing of horses at county | ||||||
| 9 | fairs and shall adopt any rules necessary for enforcement of | ||||||
| 10 | the program. The rules shall include appropriate penalties for | ||||||
| 11 | violations.
| ||||||
| 12 | (230 ILCS 5/36)
(from Ch. 8, par. 37-36)
| ||||||
| 13 | Sec. 36. (a) Whoever administers or conspires to administer | ||||||
| 14 | to
any horse a hypnotic, narcotic, stimulant, depressant or any | ||||||
| 15 | chemical
substance which may affect the speed of a horse at any | ||||||
| 16 | time in any race
where the purse or any part of the purse is | ||||||
| 17 | made of money authorized by any
Section of this Act, except | ||||||
| 18 | those chemical substances permitted by ruling of
the Board, | ||||||
| 19 | internally, externally or by hypodermic method in a race or | ||||||
| 20 | prior
thereto, or whoever knowingly enters a horse in any race | ||||||
| 21 | within a period of 24
hours after any hypnotic, narcotic, | ||||||
| 22 | stimulant, depressant or any other chemical
substance which may | ||||||
| 23 | affect the speed of a horse at any time, except those
chemical | ||||||
| 24 | substances permitted by ruling of the Board, has been | ||||||
| |||||||
| |||||||
| 1 | administered to
such horse either internally or externally or | ||||||
| 2 | by hypodermic method for the
purpose of increasing or retarding | ||||||
| 3 | the speed of such horse shall be guilty of a
Class 4 felony. | ||||||
| 4 | The Board shall suspend or revoke such violator's license.
| ||||||
| 5 | (b) The term "hypnotic" as used in this Section includes | ||||||
| 6 | all barbituric
acid preparations and derivatives.
| ||||||
| 7 | (c) The term "narcotic" as used in this Section includes | ||||||
| 8 | opium and
all its alkaloids, salts, preparations and | ||||||
| 9 | derivatives, cocaine
and all its salts, preparations and | ||||||
| 10 | derivatives and substitutes.
| ||||||
| 11 | (d) The provisions of this Section 36 and the treatment | ||||||
| 12 | authorized herein
apply to horses entered in and competing in | ||||||
| 13 | race meetings as defined in
Section 3.07 of this Act and to | ||||||
| 14 | horses entered in and competing at any county
fair.
| ||||||
| 15 | (Source: P.A. 79-1185.)
| ||||||
| 16 | (230 ILCS 5/40) (from Ch. 8, par. 37-40)
| ||||||
| 17 | Sec. 40.
(a) The imposition of any fine or penalty provided | ||||||
| 18 | in this Act
shall not preclude the Board in its rules and | ||||||
| 19 | regulations from imposing a
fine or penalty for any other | ||||||
| 20 | action which, in the Board's discretion, is a
detriment or | ||||||
| 21 | impediment to horse racing.
| ||||||
| 22 | (b) The Director of Agriculture or his or her authorized | ||||||
| 23 | representative
shall impose the following monetary penalties | ||||||
| 24 | and hold administrative
hearings as required for failure to | ||||||
| 25 | submit the following applications,
lists, or reports within the | ||||||
| |||||||
| |||||||
| 1 | time period, date or manner required by
statute or rule or for | ||||||
| 2 | removing a foal from Illinois prior to inspection:
| ||||||
| 3 | (1) late filing of a renewal application for offering | ||||||
| 4 | or standing
stallion for service:
| ||||||
| 5 | (A) if an application is submitted no more than 30 | ||||||
| 6 | days late, $50;
| ||||||
| 7 | (B) if an application is submitted no more than 45 | ||||||
| 8 | days late, $150; or
| ||||||
| 9 | (C) if an application is submitted more than 45 | ||||||
| 10 | days late, if filing
of the application is allowed | ||||||
| 11 | under an administrative hearing, $250;
| ||||||
| 12 | (2) late filing of list or report of mares bred:
| ||||||
| 13 | (A) if a list or report is submitted no more than | ||||||
| 14 | 30 days late, $50;
| ||||||
| 15 | (B) if a list or report is submitted no more than | ||||||
| 16 | 60 days late, $150; or
| ||||||
| 17 | (C) if a list or report is submitted more than 60 | ||||||
| 18 | days late, if filing
of the list or report is allowed | ||||||
| 19 | under an administrative hearing, $250;
| ||||||
| 20 | (3) filing an Illinois foaled thoroughbred mare status | ||||||
| 21 | report after the statutory deadline as provided in | ||||||
| 22 | subsection (k) of Section 30 of this Act
December 31:
| ||||||
| 23 | (A) if a report is submitted no more than 30 days | ||||||
| 24 | late, $50;
| ||||||
| 25 | (B) if a report is submitted no more than 90 days | ||||||
| 26 | late, $150;
| ||||||
| |||||||
| |||||||
| 1 | (C) if a report is submitted no more than 150 days | ||||||
| 2 | late, $250; or
| ||||||
| 3 | (D) if a report is submitted more than 150 days | ||||||
| 4 | late, if filing of
the report is allowed under an | ||||||
| 5 | administrative hearing, $500;
| ||||||
| 6 | (4) late filing of application for foal eligibility | ||||||
| 7 | certificate:
| ||||||
| 8 | (A) if an application is submitted no more than 30 | ||||||
| 9 | days late, $50;
| ||||||
| 10 | (B) if an application is submitted no more than 90 | ||||||
| 11 | days late, $150;
| ||||||
| 12 | (C) if an application is submitted no more than 150 | ||||||
| 13 | days late, $250; or
| ||||||
| 14 | (D) if an application is submitted more than 150 | ||||||
| 15 | days late, if
filing of the application is allowed | ||||||
| 16 | under an administrative hearing, $500;
| ||||||
| 17 | (5) failure to report the intent to remove a foal from | ||||||
| 18 | Illinois prior
to inspection, identification and | ||||||
| 19 | certification by a Department of
Agriculture investigator, | ||||||
| 20 | $50; and
| ||||||
| 21 | (6) if a list or report of mares bred is incomplete, | ||||||
| 22 | $50 per mare not
included on the list or report.
| ||||||
| 23 | Any person upon whom monetary penalties are imposed under | ||||||
| 24 | this Section 3
times within a 5-year 5 year period shall have | ||||||
| 25 | any further monetary penalties
imposed at double the amounts | ||||||
| 26 | set forth above. All monies assessed and
collected for | ||||||
| |||||||
| |||||||
| 1 | violations relating to thoroughbreds shall be paid into the
| ||||||
| 2 | Illinois Thoroughbred Breeders Fund. All monies assessed and | ||||||
| 3 | collected for
violations relating to standardbreds shall be | ||||||
| 4 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
| 5 | (Source: P.A. 87-397; revised 9-2-16.)
| ||||||
| 6 | (230 ILCS 5/54.75)
| ||||||
| 7 | Sec. 54.75. Horse Racing Equity Trust Fund. | ||||||
| 8 | (a) There is created a Fund to be known as the Horse
Racing
| ||||||
| 9 | Equity Trust Fund, which is a non-appropriated trust fund held | ||||||
| 10 | separate and apart from State moneys. The Fund shall consist of | ||||||
| 11 | moneys paid into it by owners licensees under
the Illinois | ||||||
| 12 | Riverboat Gambling Act for the purposes described in this | ||||||
| 13 | Section. The Fund shall
be administered
by the Board. Moneys in | ||||||
| 14 | the Fund shall be distributed as directed and certified by the | ||||||
| 15 | Board in accordance with the provisions of subsection (b). | ||||||
| 16 | (b) The moneys deposited into the Fund, plus any accrued | ||||||
| 17 | interest on those moneys, shall be distributed
within 10 days | ||||||
| 18 | after those moneys are deposited into the Fund as follows: | ||||||
| 19 | (1) Sixty percent of all moneys distributed under this | ||||||
| 20 | subsection shall be
distributed to organization licensees | ||||||
| 21 | to be distributed at their race
meetings as purses. | ||||||
| 22 | Fifty-seven percent of the amount distributed under this
| ||||||
| 23 | paragraph (1) shall be distributed for thoroughbred race | ||||||
| 24 | meetings and
43% shall be distributed for standardbred race | ||||||
| 25 | meetings. Within each
breed, moneys shall be allocated to | ||||||
| |||||||
| |||||||
| 1 | each organization licensee's purse
fund in accordance with | ||||||
| 2 | the ratio between the purses generated for that
breed by | ||||||
| 3 | that licensee during the prior calendar year and the total | ||||||
| 4 | purses
generated throughout the State for that breed during | ||||||
| 5 | the prior calendar
year by licensees in the current | ||||||
| 6 | calendar year. | ||||||
| 7 | (2) The remaining 40% of the moneys distributed under | ||||||
| 8 | this
subsection (b) shall be distributed as follows: | ||||||
| 9 | (A) 11% shall be distributed to any person (or its | ||||||
| 10 | successors or assigns) who had operating control of a | ||||||
| 11 | racetrack that conducted live racing in 2002 at a | ||||||
| 12 | racetrack in a
county with at least 230,000 inhabitants | ||||||
| 13 | that borders the Mississippi River and is a licensee in | ||||||
| 14 | the current year; and | ||||||
| 15 | (B) the remaining 89% shall be distributed pro rata
| ||||||
| 16 | according to the aggregate
proportion of total handle | ||||||
| 17 | from wagering on live races conducted in Illinois | ||||||
| 18 | (irrespective of where the wagers are placed) for | ||||||
| 19 | calendar years 2004 and 2005
to any person (or its
| ||||||
| 20 | successors or assigns) who (i) had
majority operating | ||||||
| 21 | control of a racing facility at which live racing was | ||||||
| 22 | conducted in
calendar year 2002, (ii) is a licensee in | ||||||
| 23 | the current
year, and (iii) is not eligible to receive | ||||||
| 24 | moneys under subparagraph (A) of this paragraph (2). | ||||||
| 25 | The moneys received by an organization licensee | ||||||
| 26 | under this paragraph (2) shall be used by each | ||||||
| |||||||
| |||||||
| 1 | organization licensee to improve, maintain, market, | ||||||
| 2 | and otherwise operate its racing facilities to conduct | ||||||
| 3 | live racing, which shall include backstretch services | ||||||
| 4 | and capital improvements related to live racing and the | ||||||
| 5 | backstretch. Any organization licensees sharing common | ||||||
| 6 | ownership may pool the moneys received and spent at all | ||||||
| 7 | racing facilities commonly owned in order to meet these | ||||||
| 8 | requirements. | ||||||
| 9 | If any person identified in this paragraph (2) becomes
| ||||||
| 10 | ineligible to receive moneys from the Fund, such amount | ||||||
| 11 | shall be redistributed
among the remaining persons in | ||||||
| 12 | proportion to their percentages otherwise
calculated. | ||||||
| 13 | (c) The Board shall monitor organization licensees to | ||||||
| 14 | ensure that moneys paid to organization licensees under this | ||||||
| 15 | Section are distributed by the organization licensees as | ||||||
| 16 | provided in subsection (b).
| ||||||
| 17 | (Source: P.A. 95-1008, eff. 12-15-08.)
| ||||||
| 18 | (230 ILCS 5/56 new) | ||||||
| 19 | Sec. 56. Electronic gaming. | ||||||
| 20 | (a) A person, firm, corporation, or limited liability | ||||||
| 21 | company having operating control of a race track may apply to | ||||||
| 22 | the Gaming Board for an electronic gaming license. An | ||||||
| 23 | electronic gaming license shall authorize its holder to conduct | ||||||
| 24 | electronic gaming on the grounds of the race track of which the | ||||||
| 25 | electronic gaming licensee has operating control. Only one | ||||||
| |||||||
| |||||||
| 1 | electronic gaming license may be awarded for any race track. A | ||||||
| 2 | holder of an electronic gaming license shall be subject to the | ||||||
| 3 | Illinois Gambling Act and rules of the Illinois Gaming Board | ||||||
| 4 | concerning electronic gaming. If the person, firm, | ||||||
| 5 | corporation, or limited liability company having operating | ||||||
| 6 | control of a race track is found by the Illinois Gaming Board | ||||||
| 7 | to be unsuitable for an electronic gaming license under the | ||||||
| 8 | Illinois Gambling Act and rules of the Gaming Board, that | ||||||
| 9 | person, firm, corporation, or limited liability company shall | ||||||
| 10 | not be granted an electronic gaming license. Each license shall | ||||||
| 11 | specify the number of gaming positions that its holder may | ||||||
| 12 | operate. | ||||||
| 13 | An electronic gaming licensee may not permit persons under | ||||||
| 14 | 21 years of age to be present in its electronic gaming | ||||||
| 15 | facility, but the licensee may accept wagers on live racing and | ||||||
| 16 | inter-track wagers at its electronic gaming facility. | ||||||
| 17 | (b) For purposes of this subsection, "adjusted gross | ||||||
| 18 | receipts" means an electronic gaming licensee's gross receipts | ||||||
| 19 | less winnings paid to wagerers and shall also include any | ||||||
| 20 | amounts that would otherwise be deducted pursuant to subsection | ||||||
| 21 | (a-9) of Section 13 of the Illinois Gambling Act. The adjusted | ||||||
| 22 | gross receipts by an electronic gaming licensee from electronic | ||||||
| 23 | gaming remaining after the payment of taxes under Section 13 of | ||||||
| 24 | the Illinois Gambling Act shall be distributed as follows: | ||||||
| 25 | (1) Amounts shall be paid to the purse account at the | ||||||
| 26 | track at which the organization licensee is conducting | ||||||
| |||||||
| |||||||
| 1 | racing equal to the following: | ||||||
| 2 | 12.75% of annual adjusted gross receipts up to and | ||||||
| 3 | including $75,000,000; | ||||||
| 4 | 20% of annual adjusted gross receipts in excess of | ||||||
| 5 | $75,000,000 but not exceeding $100,000,000; | ||||||
| 6 | 26.5% of annual adjusted gross receipts in excess | ||||||
| 7 | of $100,000,000 but not exceeding $125,000,000; and | ||||||
| 8 | 20.5% of annual adjusted gross receipts in excess | ||||||
| 9 | of $125,000,000. | ||||||
| 10 | (2) The remainder shall be retained by the electronic | ||||||
| 11 | gaming licensee. | ||||||
| 12 | (c) Electronic gaming receipts placed into the purse | ||||||
| 13 | account of an organization licensee racing thoroughbred horses | ||||||
| 14 | shall be used for purses, for health care services or worker's | ||||||
| 15 | compensation for racing industry workers, for equine research, | ||||||
| 16 | for programs to care for and transition injured and retired | ||||||
| 17 | thoroughbred horses that race at the race track, or for horse | ||||||
| 18 | ownership promotion, in accordance with the agreement of the | ||||||
| 19 | horsemen's association representing the largest number of | ||||||
| 20 | owners and trainers who race at that organization licensee's | ||||||
| 21 | race meetings. | ||||||
| 22 | Annually, from the purse account of an organization | ||||||
| 23 | licensee racing thoroughbred horses in this State, except for | ||||||
| 24 | in Madison County, an amount equal to 12% of the electronic | ||||||
| 25 | gaming receipts placed into the purse accounts shall be paid to | ||||||
| 26 | the Illinois Thoroughbred Breeders Fund and shall be used for | ||||||
| |||||||
| |||||||
| 1 | owner awards; a stallion program pursuant to paragraph (3) of | ||||||
| 2 | subsection (g) of Section 30 of this Act; and Illinois | ||||||
| 3 | conceived and foaled stakes races pursuant to paragraph (2) of | ||||||
| 4 | subsection (g) of Section 30 of this Act, as specifically | ||||||
| 5 | designated by the horsemen's association representing the | ||||||
| 6 | largest number of owners and trainers who race at the | ||||||
| 7 | organization licensee's race meetings. | ||||||
| 8 | Annually, from the purse account of an organization | ||||||
| 9 | licensee racing thoroughbred horses in Madison County, an | ||||||
| 10 | amount equal to 10% of the electronic gaming receipts placed | ||||||
| 11 | into the purse accounts shall be paid to the Illinois | ||||||
| 12 | Thoroughbred Breeders Fund and shall be used for owner awards; | ||||||
| 13 | a stallion program pursuant to paragraph (3) of subsection (g) | ||||||
| 14 | of Section 30 of this Act; and Illinois conceived and foaled | ||||||
| 15 | stakes races pursuant to paragraph (2) of subsection (g) of | ||||||
| 16 | Section 30 of this Act, as specifically designated by the | ||||||
| 17 | horsemen's association representing the largest number of | ||||||
| 18 | owners and trainers who race at the organization licensee's | ||||||
| 19 | race meetings. | ||||||
| 20 | Annually, from the purse account of an organization | ||||||
| 21 | licensee conducting thoroughbred races at a race track in | ||||||
| 22 | Madison County, an amount equal to 1% of the electronic gaming | ||||||
| 23 | receipts distributed to purses per subsection (b) of this | ||||||
| 24 | Section 56 shall be paid as follows: 0.33 1/3% to Southern | ||||||
| 25 | Illinois University Department of Animal Sciences for equine | ||||||
| 26 | research and education, an amount equal to 0.33 1/3% of the | ||||||
| |||||||
| |||||||
| 1 | electronic gaming receipts shall be used to operate laundry | ||||||
| 2 | facilities or a kitchen for backstretch workers at that race | ||||||
| 3 | track, and an amount equal to 0.33 1/3% of the electronic | ||||||
| 4 | gaming receipts shall be paid to R.A.C.E., Inc., a 501(c)(3) | ||||||
| 5 | non-profit organization that cares for injured and unwanted | ||||||
| 6 | horses that race at that race track. | ||||||
| 7 | Annually, from the purse account of organization licensees | ||||||
| 8 | conducting thoroughbred races at race tracks in Cook County, | ||||||
| 9 | $100,000 shall be paid for division and equal distribution to | ||||||
| 10 | the animal sciences department of each Illinois public | ||||||
| 11 | university system engaged in equine research and education on | ||||||
| 12 | or before the effective date of this amendatory Act of the | ||||||
| 13 | 100th General Assembly for equine research and education. | ||||||
| 14 | (d) Annually, from the purse account of an organization | ||||||
| 15 | licensee racing standardbred horses, an amount equal to 15% of | ||||||
| 16 | the electronic gaming receipts placed into that purse account | ||||||
| 17 | shall be paid to the Illinois Colt Stakes Purse Distribution | ||||||
| 18 | Fund. Moneys deposited into the Illinois Colt Stakes Purse | ||||||
| 19 | Distribution Fund shall be used for standardbred racing as | ||||||
| 20 | authorized in paragraphs 1, 2, 3, 8, 9, 10, and 11 of | ||||||
| 21 | subsection (g) of Section 31 of this Act and for bonus awards | ||||||
| 22 | as authorized under paragraph 6 of subsection (j) of Section 31 | ||||||
| 23 | of this Act.
| ||||||
| 24 | Section 90-40. The Riverboat Gambling Act is amended by | ||||||
| 25 | changing Sections 1, 2, 3, 4, 5, 5.1, 6, 7, 7.3, 7.5, 8, 9, 11, | ||||||
| |||||||
| |||||||
| 1 | 11.1, 12, 13, 14, 15, 16, 17, 17.1, 18, 18.1, 19, 20, 21, 23, | ||||||
| 2 | and 24 and by adding Sections 5.3, 7.7, 7.8, 7.9, 7.10, 7.11, | ||||||
| 3 | 7.12, 7.13, and 25 as follows:
| ||||||
| 4 | (230 ILCS 10/1) (from Ch. 120, par. 2401)
| ||||||
| 5 | Sec. 1. Short title. This Act shall be known and may be | ||||||
| 6 | cited as the
Illinois Riverboat Gambling Act.
| ||||||
| 7 | (Source: P.A. 86-1029.)
| ||||||
| 8 | (230 ILCS 10/2) (from Ch. 120, par. 2402)
| ||||||
| 9 | Sec. 2. Legislative Intent.
| ||||||
| 10 | (a) This Act is intended to benefit the
people of the State | ||||||
| 11 | of Illinois
by assisting economic development, and promoting | ||||||
| 12 | Illinois tourism,
and by increasing the amount of revenues | ||||||
| 13 | available to the State to assist and
support education, and to | ||||||
| 14 | defray State expenses, including unpaid bills.
| ||||||
| 15 | (b) While authorization of riverboat and casino gambling | ||||||
| 16 | will enhance investment,
beautification, development and | ||||||
| 17 | tourism in Illinois, it is recognized that it will do so
| ||||||
| 18 | successfully only if public confidence and trust in the | ||||||
| 19 | credibility and
integrity of the gambling operations and the | ||||||
| 20 | regulatory process is
maintained. Therefore, regulatory | ||||||
| 21 | provisions of this Act are designed to
strictly regulate the | ||||||
| 22 | facilities, persons, associations and practices
related to | ||||||
| 23 | gambling operations pursuant to the police powers of the State,
| ||||||
| 24 | including comprehensive law enforcement supervision.
| ||||||
| |||||||
| |||||||
| 1 | (c) The Illinois Gaming Board established under this Act | ||||||
| 2 | should, as soon
as possible, inform each applicant for an | ||||||
| 3 | owners license of the Board's
intent to grant or deny a | ||||||
| 4 | license.
| ||||||
| 5 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
| 6 | (230 ILCS 10/3) (from Ch. 120, par. 2403)
| ||||||
| 7 | Sec. 3. Riverboat Gambling Authorized.
| ||||||
| 8 | (a) Riverboat and casino gambling
operations and | ||||||
| 9 | electronic gaming operations and the system of wagering
| ||||||
| 10 | incorporated therein, as defined in this Act, are hereby | ||||||
| 11 | authorized to the
extent that they are carried out in | ||||||
| 12 | accordance with the provisions of this
Act.
| ||||||
| 13 | (b) This Act does not apply to the pari-mutuel system of | ||||||
| 14 | wagering used
or intended to be used in connection with the | ||||||
| 15 | horse-race meetings as
authorized under the Illinois Horse | ||||||
| 16 | Racing Act of 1975, lottery games
authorized under the Illinois | ||||||
| 17 | Lottery Law, bingo authorized under the Bingo
License and Tax | ||||||
| 18 | Act, charitable games authorized under the Charitable Games
Act | ||||||
| 19 | or pull tabs and jar games conducted under the Illinois Pull | ||||||
| 20 | Tabs and Jar
Games Act. This Act applies to electronic gaming | ||||||
| 21 | authorized under the Illinois Horse Racing Act of 1975 to the | ||||||
| 22 | extent provided in that Act and in this Act.
| ||||||
| 23 | (c) Riverboat gambling conducted pursuant to this Act may | ||||||
| 24 | be authorized
upon any water within the State of Illinois or | ||||||
| 25 | any
water other than Lake Michigan which constitutes a boundary | ||||||
| |||||||
| |||||||
| 1 | of the State
of Illinois.
Notwithstanding any provision in this | ||||||
| 2 | subsection (c) to the contrary, a
licensee that receives its | ||||||
| 3 | license pursuant to subsection (e-5) of Section 7
may
conduct | ||||||
| 4 | riverboat gambling on Lake Michigan from a home dock located on | ||||||
| 5 | Lake
Michigan subject to any limitations contained in Section | ||||||
| 6 | 7. Notwithstanding any provision in this subsection (c) to the | ||||||
| 7 | contrary, a licensee may conduct gambling at its home dock | ||||||
| 8 | facility as provided in Sections 7 and 11. A licensee may | ||||||
| 9 | conduct riverboat gambling authorized under this Act
| ||||||
| 10 | regardless of whether it conducts excursion cruises. A licensee | ||||||
| 11 | may permit
the continuous ingress and egress of passengers for | ||||||
| 12 | the purpose of
gambling.
| ||||||
| 13 | (d) Gambling that is conducted in accordance with this Act | ||||||
| 14 | using slot machines and video games of chance and other | ||||||
| 15 | electronic gambling games as defined in both this Act and the | ||||||
| 16 | Illinois Horse Racing Act of 1975 is authorized. | ||||||
| 17 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
| 18 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
| 19 | Sec. 4. Definitions. As used in this Act:
| ||||||
| 20 | (a) "Board" means the Illinois Gaming Board.
| ||||||
| 21 | (b) "Occupational license" means a license issued by the | ||||||
| 22 | Board to a
person or entity to perform an occupation which the | ||||||
| 23 | Board has identified as
requiring a license to engage in | ||||||
| 24 | riverboat gambling, casino gambling, or electronic gaming in | ||||||
| 25 | Illinois.
| ||||||
| |||||||
| |||||||
| 1 | (c) "Gambling game" includes, but is not limited to, | ||||||
| 2 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
| 3 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
| 4 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
| 5 | pull tab which is authorized by the Board
as a wagering device | ||||||
| 6 | under this Act.
| ||||||
| 7 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
| 8 | permanently moored barge, or permanently moored barges that are | ||||||
| 9 | permanently
fixed together to operate as one vessel, on which | ||||||
| 10 | lawful gambling is
authorized and licensed as
provided in this | ||||||
| 11 | Act.
| ||||||
| 12 | "Slot machine" means any mechanical, electrical, or other | ||||||
| 13 | device, contrivance, or machine that is authorized by the Board | ||||||
| 14 | as a wagering device under this Act which, upon insertion of a | ||||||
| 15 | coin, currency, token, or similar object therein, or upon | ||||||
| 16 | payment of any consideration whatsoever, is available to play | ||||||
| 17 | or operate, the play or operation of which may deliver or | ||||||
| 18 | entitle the person playing or operating the machine to receive | ||||||
| 19 | cash, premiums, merchandise, tokens, or anything of value | ||||||
| 20 | whatsoever, whether the payoff is made automatically from the | ||||||
| 21 | machine or in any other manner whatsoever. A slot machine: | ||||||
| 22 | (1) may utilize spinning reels or video displays or | ||||||
| 23 | both; | ||||||
| 24 | (2) may or may not dispense coins, tickets, or tokens | ||||||
| 25 | to winning patrons; | ||||||
| 26 | (3) may use an electronic credit system for receiving | ||||||
| |||||||
| |||||||
| 1 | wagers and making payouts; and | ||||||
| 2 | (4) may simulate a table game. | ||||||
| 3 | "Slot machine" does not include table games authorized by | ||||||
| 4 | the Board as a wagering device under this Act. | ||||||
| 5 | (e) "Managers license" means a license issued by the Board | ||||||
| 6 | to a person or
entity
to manage gambling operations conducted | ||||||
| 7 | by the State pursuant to Section 7.3.
| ||||||
| 8 | (f) "Dock" means the location where a riverboat moors for | ||||||
| 9 | the purpose of
embarking passengers for and disembarking | ||||||
| 10 | passengers from the riverboat.
| ||||||
| 11 | (g) "Gross receipts" means the total amount of money | ||||||
| 12 | exchanged for the
purchase of chips, tokens, or electronic | ||||||
| 13 | cards by riverboat patrons.
| ||||||
| 14 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
| 15 | winnings paid to wagerers.
| ||||||
| 16 | (i) "Cheat" means to alter the selection of criteria which | ||||||
| 17 | determine the
result of a gambling game or the amount or | ||||||
| 18 | frequency of payment in a gambling
game.
| ||||||
| 19 | (j) (Blank).
| ||||||
| 20 | (k) "Gambling operation" means the conduct of authorized | ||||||
| 21 | gambling games authorized under this Act
upon a riverboat or in | ||||||
| 22 | a casino or authorized under this Act and the Illinois Horse | ||||||
| 23 | Racing Act of 1975 at an electronic gaming facility.
| ||||||
| 24 | (l) "License bid" means the lump sum amount of money that | ||||||
| 25 | an applicant
bids and agrees to pay the State in return for an | ||||||
| 26 | owners license that is issued or
re-issued on or after July 1, | ||||||
| |||||||
| |||||||
| 1 | 2003.
| ||||||
| 2 | "Table game" means a live gaming apparatus upon which | ||||||
| 3 | gaming is conducted or that determines an outcome that is the | ||||||
| 4 | object of a wager, including, but not limited to, baccarat, | ||||||
| 5 | twenty-one, blackjack, poker, craps, roulette wheel, klondike | ||||||
| 6 | table, punchboard, faro layout, keno layout, numbers ticket, | ||||||
| 7 | push card, jar ticket, pull tab, or other similar games that | ||||||
| 8 | are authorized by the Board as a wagering device under this | ||||||
| 9 | Act. "Table game" does not include slot machines or video games | ||||||
| 10 | of chance. | ||||||
| 11 | (m) The terms "minority person", "female", and "person with | ||||||
| 12 | a disability" shall have the same meaning
as
defined in
Section | ||||||
| 13 | 2 of the Business Enterprise for Minorities, Females, and | ||||||
| 14 | Persons with
Disabilities Act.
| ||||||
| 15 | "Authority" means the Chicago Casino Development | ||||||
| 16 | Authority. | ||||||
| 17 | "Casino" means a facility at which lawful gambling is | ||||||
| 18 | authorized as provided in this Act. | ||||||
| 19 | "Owners license" means a license to conduct riverboat or | ||||||
| 20 | casino gambling operations, but does not include an electronic | ||||||
| 21 | gaming license. | ||||||
| 22 | "Licensed owner" means a person who holds an owners | ||||||
| 23 | license. | ||||||
| 24 | "Electronic gaming" means slot machine gambling, video | ||||||
| 25 | game of chance gambling, or gambling with electronic gambling | ||||||
| 26 | games as defined in this Act or defined by the Board that is | ||||||
| |||||||
| |||||||
| 1 | conducted at a race track pursuant to an electronic gaming | ||||||
| 2 | license. | ||||||
| 3 | "Electronic gaming facility" means the area where the Board | ||||||
| 4 | has authorized electronic gaming at a race track of an | ||||||
| 5 | organization licensee under the Illinois Horse Racing Act of
| ||||||
| 6 | 1975 that holds an electronic gaming license. | ||||||
| 7 | "Electronic gaming license" means a license issued by the | ||||||
| 8 | Board under Section 7.7 of this Act authorizing electronic | ||||||
| 9 | gaming at an electronic gaming facility. | ||||||
| 10 | "Electronic gaming licensee" means an entity that holds an | ||||||
| 11 | electronic gaming license. | ||||||
| 12 | "Organization licensee" means an entity authorized by the | ||||||
| 13 | Illinois Racing Board to conduct pari-mutuel wagering in | ||||||
| 14 | accordance with the Illinois Horse Racing Act of 1975. With | ||||||
| 15 | respect only to electronic gaming, "organization licensee" | ||||||
| 16 | includes the authorization for electronic gaming created under | ||||||
| 17 | subsection (a) of Section 56 of the Illinois Horse Racing Act | ||||||
| 18 | of 1975. | ||||||
| 19 | "Casino operator license" means the license held by the | ||||||
| 20 | person or entity selected by the Authority to manage and | ||||||
| 21 | operate a riverboat or casino within the geographic area of the | ||||||
| 22 | authorized municipality pursuant to this Act and the Chicago | ||||||
| 23 | Casino Development Authority Act. | ||||||
| 24 | "Wide area progressive system" means a method of linking | ||||||
| 25 | progressive slot machines or electronic gaming machines across | ||||||
| 26 | telecommunication lines as part of a network connecting | ||||||
| |||||||
| |||||||
| 1 | participating facilities. Wide area progressive systems offer | ||||||
| 2 | a common progressive jackpot at all participating locations and | ||||||
| 3 | the award of the jackpot is at random. | ||||||
| 4 | (Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
| ||||||
| 5 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
| 6 | Sec. 5. Gaming Board.
| ||||||
| 7 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
| 8 | Board, which shall have the powers and duties specified in
this | ||||||
| 9 | Act and in the Chicago Casino Development Authority Act, and | ||||||
| 10 | all other powers necessary and proper to fully and
effectively | ||||||
| 11 | execute this Act for the purpose of administering, regulating,
| ||||||
| 12 | and enforcing the system of riverboat and casino gambling and | ||||||
| 13 | electronic gaming established by this Act and by the Chicago | ||||||
| 14 | Casino Development Authority Act. Its
jurisdiction shall | ||||||
| 15 | extend under this Act and the Chicago Casino Development | ||||||
| 16 | Authority Act to every person, association,
corporation, | ||||||
| 17 | partnership and trust involved in riverboat and casino gambling
| ||||||
| 18 | operations and electronic gaming in the State of Illinois.
| ||||||
| 19 | (2) The Board shall consist of 5 members to be appointed by | ||||||
| 20 | the Governor
with the advice and consent of the Senate, one of | ||||||
| 21 | whom shall be designated
by the Governor to be chairperson | ||||||
| 22 | chairman. Each member shall have a reasonable
knowledge of the | ||||||
| 23 | practice, procedure and principles of gambling operations.
| ||||||
| 24 | Each member shall either be a resident of Illinois or shall | ||||||
| 25 | certify that he or she
will become a resident of Illinois | ||||||
| |||||||
| |||||||
| 1 | before taking office. | ||||||
| 2 | On and after the effective date of this amendatory Act of | ||||||
| 3 | the 100th General Assembly, new appointees to the Board must | ||||||
| 4 | include the following: | ||||||
| 5 | (A) One member who has received, at a minimum, a | ||||||
| 6 | bachelor's degree from an accredited school and at least 10 | ||||||
| 7 | years of verifiable training and experience in the fields | ||||||
| 8 | of investigation and law enforcement. | ||||||
| 9 | (B) One member who is a certified public accountant | ||||||
| 10 | with experience in auditing and with knowledge of complex | ||||||
| 11 | corporate structures and transactions. | ||||||
| 12 | (C) One member who has 5 years' experience as a | ||||||
| 13 | principal, senior officer, or director of a company or | ||||||
| 14 | business with either material responsibility for the daily | ||||||
| 15 | operations and management of the overall company or | ||||||
| 16 | business or material responsibility for the policy making | ||||||
| 17 | of the company or business. | ||||||
| 18 | (D) One member who is a lawyer licensed to practice law | ||||||
| 19 | in Illinois. | ||||||
| 20 | Notwithstanding any provision of this subsection (a), the | ||||||
| 21 | requirements of subparagraphs (A) through (D) of this paragraph | ||||||
| 22 | (2) shall not apply to any person reappointed pursuant to | ||||||
| 23 | paragraph (3). | ||||||
| 24 | No more than 3 members of the Board may be from the same | ||||||
| 25 | political party. The Board should reflect the ethnic, cultural, | ||||||
| 26 | and geographic diversity of the State. No Board member shall, | ||||||
| |||||||
| |||||||
| 1 | within a period of one year immediately preceding nomination, | ||||||
| 2 | have been employed or received compensation or fees for | ||||||
| 3 | services from a person or entity, or its parent or affiliate, | ||||||
| 4 | that has engaged in business with the Board, a licensee, or a | ||||||
| 5 | licensee under the Illinois Horse Racing Act of 1975. Board | ||||||
| 6 | members must publicly disclose all prior affiliations with | ||||||
| 7 | gaming interests, including any compensation, fees, bonuses, | ||||||
| 8 | salaries, and other reimbursement received from a person or | ||||||
| 9 | entity, or its parent or affiliate, that has engaged in | ||||||
| 10 | business with the Board, a licensee, or a licensee under the | ||||||
| 11 | Illinois Horse Racing Act of 1975. This disclosure must be made | ||||||
| 12 | within 30 days after nomination but prior to confirmation by | ||||||
| 13 | the Senate and must be made available to the members of the | ||||||
| 14 | Senate. At least one member
shall be experienced in law | ||||||
| 15 | enforcement and criminal investigation, at
least one member | ||||||
| 16 | shall be a certified public accountant experienced in
| ||||||
| 17 | accounting and auditing, and at least one member shall be a | ||||||
| 18 | lawyer licensed
to practice law in Illinois.
| ||||||
| 19 | (3) The terms of office of the Board members shall be 3 | ||||||
| 20 | years, except
that the terms of office of the initial Board | ||||||
| 21 | members appointed pursuant to
this Act will commence from the | ||||||
| 22 | effective date of this Act and run as
follows: one for a term | ||||||
| 23 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
| 24 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
| 25 | foregoing terms, the successors of such members shall serve a | ||||||
| 26 | term for 3
years and until their successors are appointed and | ||||||
| |||||||
| |||||||
| 1 | qualified for like terms.
Vacancies in the Board shall be | ||||||
| 2 | filled for the unexpired term in like
manner as original | ||||||
| 3 | appointments. Each member of the Board shall be
eligible for | ||||||
| 4 | reappointment at the discretion of the Governor with the
advice | ||||||
| 5 | and consent of the Senate.
| ||||||
| 6 | (4) Each member of the Board shall receive $300 for each | ||||||
| 7 | day the
Board meets and for each day the member conducts any | ||||||
| 8 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
| 9 | also be reimbursed for all actual
and necessary expenses and | ||||||
| 10 | disbursements incurred in the execution of official
duties.
| ||||||
| 11 | (5) No person shall be appointed a member of the Board or | ||||||
| 12 | continue to be
a member of the Board who is, or whose spouse, | ||||||
| 13 | child or parent is, a member
of the board of directors of, or a | ||||||
| 14 | person financially interested in, any
gambling operation | ||||||
| 15 | subject to the jurisdiction of this Board, or any race
track, | ||||||
| 16 | race meeting, racing association or the operations thereof | ||||||
| 17 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
| 18 | Board member shall
hold any other public office. No person | ||||||
| 19 | shall be a
member of the Board who is not of good moral | ||||||
| 20 | character or who has been
convicted of, or is under indictment | ||||||
| 21 | for, a felony under the laws of
Illinois or any other state, or | ||||||
| 22 | the United States.
| ||||||
| 23 | (5.5) No member of the Board shall engage in any political | ||||||
| 24 | activity. For the purposes of this Section, "political" means | ||||||
| 25 | any activity in support
of or in connection with any campaign | ||||||
| 26 | for federal, State, or local elective office or any political
| ||||||
| |||||||
| |||||||
| 1 | organization, but does not include activities (i) relating to | ||||||
| 2 | the support or
opposition of any executive, legislative, or | ||||||
| 3 | administrative action (as those
terms are defined in Section 2 | ||||||
| 4 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
| 5 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
| 6 | person's official
State duties or governmental and public | ||||||
| 7 | service functions.
| ||||||
| 8 | (6) Any member of the Board may be removed by the Governor | ||||||
| 9 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
| 10 | in office or for engaging in any political activity.
| ||||||
| 11 | (7) Before entering upon the discharge of the duties of his | ||||||
| 12 | office, each
member of the Board shall take an oath that he | ||||||
| 13 | will faithfully execute the
duties of his office according to | ||||||
| 14 | the laws of the State and the rules and
regulations adopted | ||||||
| 15 | therewith and shall give bond to the State of Illinois,
| ||||||
| 16 | approved by the Governor, in the sum of $25,000. Every such | ||||||
| 17 | bond, when
duly executed and approved, shall be recorded in the | ||||||
| 18 | office of the
Secretary of State. Whenever the Governor | ||||||
| 19 | determines that the bond of any
member of the Board has become | ||||||
| 20 | or is likely to become invalid or
insufficient, he shall | ||||||
| 21 | require such member forthwith to renew his bond,
which is to be | ||||||
| 22 | approved by the Governor. Any member of the Board who fails
to | ||||||
| 23 | take oath and give bond within 30 days from the date of his | ||||||
| 24 | appointment,
or who fails to renew his bond within 30 days | ||||||
| 25 | after it is demanded by the
Governor, shall be guilty of | ||||||
| 26 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
| |||||||
| |||||||
| 1 | any bond given by any member of the Board under this
Section | ||||||
| 2 | shall be taken to be a part of the necessary expenses of the | ||||||
| 3 | Board.
| ||||||
| 4 | (7.5) For the examination of all mechanical, | ||||||
| 5 | electromechanical, or electronic table games, slot machines, | ||||||
| 6 | slot accounting systems, and other electronic gaming equipment | ||||||
| 7 | for compliance with this Act, the Board may utilize the | ||||||
| 8 | services of one or more independent outside testing | ||||||
| 9 | laboratories that have been accredited by a national | ||||||
| 10 | accreditation body and that, in the judgment of the Board, are | ||||||
| 11 | qualified to perform such examinations. | ||||||
| 12 | (8) The Board shall employ such
personnel as may be | ||||||
| 13 | necessary to carry out its functions and shall determine the | ||||||
| 14 | salaries of all personnel, except those personnel whose | ||||||
| 15 | salaries are determined under the terms of a collective | ||||||
| 16 | bargaining agreement. No
person shall be employed to serve the | ||||||
| 17 | Board who is, or whose spouse, parent
or child is, an official | ||||||
| 18 | of, or has a financial interest in or financial
relation with, | ||||||
| 19 | any operator engaged in gambling operations within this
State | ||||||
| 20 | or any organization engaged in conducting horse racing within | ||||||
| 21 | this
State. For the one year immediately preceding employment, | ||||||
| 22 | an employee shall not have been employed or received | ||||||
| 23 | compensation or fees for services from a person or entity, or | ||||||
| 24 | its parent or affiliate, that has engaged in business with the | ||||||
| 25 | Board, a licensee, or a licensee under the Illinois Horse | ||||||
| 26 | Racing Act of 1975. Any employee violating these prohibitions | ||||||
| |||||||
| |||||||
| 1 | shall be subject to
termination of employment. In addition, all | ||||||
| 2 | Board members and employees are subject to the restrictions set | ||||||
| 3 | forth in Section 5-45 of the State Officials and Employees | ||||||
| 4 | Ethics Act.
| ||||||
| 5 | (9) An Administrator shall perform any and all duties that | ||||||
| 6 | the Board
shall assign him. The salary of the Administrator | ||||||
| 7 | shall be determined by
the Board and, in addition,
he shall be | ||||||
| 8 | reimbursed for all actual and necessary expenses incurred by
| ||||||
| 9 | him in discharge of his official duties. The Administrator | ||||||
| 10 | shall keep
records of all proceedings of the Board and shall | ||||||
| 11 | preserve all records,
books, documents and other papers | ||||||
| 12 | belonging to the Board or entrusted to
its care. The | ||||||
| 13 | Administrator shall devote his full time to the duties of
the | ||||||
| 14 | office and shall not hold any other office or employment.
| ||||||
| 15 | (b) The Board shall have general responsibility for the | ||||||
| 16 | implementation
of this Act. Its duties include, without | ||||||
| 17 | limitation, the following:
| ||||||
| 18 | (1) To decide promptly and in reasonable order all | ||||||
| 19 | license applications.
Any party aggrieved by an action of | ||||||
| 20 | the Board denying, suspending,
revoking, restricting or | ||||||
| 21 | refusing to renew a license may request a hearing
before | ||||||
| 22 | the Board. A request for a hearing must be made to the | ||||||
| 23 | Board in
writing within 5 days after service of notice of | ||||||
| 24 | the action of the Board.
Notice of the action of the Board | ||||||
| 25 | shall be served either by personal
delivery or by certified | ||||||
| 26 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
| |||||||
| |||||||
| 1 | served by certified mail shall be deemed complete on the | ||||||
| 2 | business
day following the date of such mailing. The Board | ||||||
| 3 | shall conduct all
requested hearings promptly and in | ||||||
| 4 | reasonable order;
| ||||||
| 5 | (2) To conduct all hearings pertaining to civil | ||||||
| 6 | violations of this Act
or rules and regulations promulgated | ||||||
| 7 | hereunder;
| ||||||
| 8 | (3) To promulgate such rules and regulations as in its | ||||||
| 9 | judgment may be
necessary to protect or enhance the | ||||||
| 10 | credibility and integrity of gambling
operations | ||||||
| 11 | authorized by this Act and the regulatory process | ||||||
| 12 | hereunder;
| ||||||
| 13 | (4) To provide for the establishment and collection of | ||||||
| 14 | all license and
registration fees and taxes imposed by this | ||||||
| 15 | Act and the rules and
regulations issued pursuant hereto. | ||||||
| 16 | All such fees and taxes shall be
deposited into the State | ||||||
| 17 | Gaming Fund;
| ||||||
| 18 | (5) To provide for the levy and collection of penalties | ||||||
| 19 | and fines for the
violation of provisions of this Act and | ||||||
| 20 | the rules and regulations
promulgated hereunder. All such | ||||||
| 21 | fines and penalties shall be deposited
into the Education | ||||||
| 22 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
| 23 | State of Illinois;
| ||||||
| 24 | (6) To be present through its inspectors and agents any | ||||||
| 25 | time gambling
operations are conducted on any riverboat, in | ||||||
| 26 | any casino, or at any electronic gaming
facility for the | ||||||
| |||||||
| |||||||
| 1 | purpose of certifying the
revenue thereof, receiving | ||||||
| 2 | complaints from the public, and conducting such
other | ||||||
| 3 | investigations into the conduct of the gambling games and | ||||||
| 4 | the
maintenance of the equipment as from time to time the | ||||||
| 5 | Board may deem
necessary and proper;
| ||||||
| 6 | (7) To review and rule upon any complaint by a licensee
| ||||||
| 7 | regarding any investigative procedures of the State which | ||||||
| 8 | are unnecessarily
disruptive of gambling operations. The | ||||||
| 9 | need to inspect and investigate
shall be presumed at all | ||||||
| 10 | times. The disruption of a licensee's operations
shall be | ||||||
| 11 | proved by clear and convincing evidence, and establish | ||||||
| 12 | that: (A)
the procedures had no reasonable law enforcement | ||||||
| 13 | purposes, and (B) the
procedures were so disruptive as to | ||||||
| 14 | unreasonably inhibit gambling operations;
| ||||||
| 15 | (8) To hold at least one meeting each quarter of the | ||||||
| 16 | fiscal
year. In addition, special meetings may be called by | ||||||
| 17 | the Chairman or any 2
Board members upon 72 hours written | ||||||
| 18 | notice to each member. All Board
meetings shall be subject | ||||||
| 19 | to the Open Meetings Act. Three members of the
Board shall | ||||||
| 20 | constitute a quorum, and 3 votes shall be required for any
| ||||||
| 21 | final determination by the Board. The Board shall keep a | ||||||
| 22 | complete and
accurate record of all its meetings. A | ||||||
| 23 | majority of the members of the Board
shall constitute a | ||||||
| 24 | quorum for the transaction of any business, for the
| ||||||
| 25 | performance of any duty, or for the exercise of any power | ||||||
| 26 | which this Act
requires the Board members to transact, | ||||||
| |||||||
| |||||||
| 1 | perform or exercise en banc, except
that, upon order of the | ||||||
| 2 | Board, one of the Board members or an
administrative law | ||||||
| 3 | judge designated by the Board may conduct any hearing
| ||||||
| 4 | provided for under this Act or by Board rule and may | ||||||
| 5 | recommend findings and
decisions to the Board. The Board | ||||||
| 6 | member or administrative law judge
conducting such hearing | ||||||
| 7 | shall have all powers and rights granted to the
Board in | ||||||
| 8 | this Act. The record made at the time of the hearing shall | ||||||
| 9 | be
reviewed by the Board, or a majority thereof, and the | ||||||
| 10 | findings and decision
of the majority of the Board shall | ||||||
| 11 | constitute the order of the Board in
such case;
| ||||||
| 12 | (9) To maintain records which are separate and distinct | ||||||
| 13 | from the records
of any other State board or commission. | ||||||
| 14 | Such records shall be available
for public inspection and | ||||||
| 15 | shall accurately reflect all Board proceedings;
| ||||||
| 16 | (10) To file a written annual report with the Governor | ||||||
| 17 | on or before
March 1 each year and such additional reports | ||||||
| 18 | as the Governor may request.
The annual report shall | ||||||
| 19 | include a statement of receipts and disbursements
by the | ||||||
| 20 | Board, actions taken by the Board, and any additional | ||||||
| 21 | information
and recommendations which the Board may deem | ||||||
| 22 | valuable or which the Governor
may request;
| ||||||
| 23 | (11) (Blank);
| ||||||
| 24 | (12) (Blank);
| ||||||
| 25 | (13) To assume responsibility for administration and | ||||||
| 26 | enforcement of the
Video Gaming Act; and | ||||||
| |||||||
| |||||||
| 1 | (13.1) To assume responsibility for the administration | ||||||
| 2 | and enforcement
of operations at electronic gaming | ||||||
| 3 | facilities pursuant to this Act and the
Illinois Horse | ||||||
| 4 | Racing Act of 1975; | ||||||
| 5 | (13.2) To assume responsibility for the administration | ||||||
| 6 | and enforcement of gambling operations at the Chicago | ||||||
| 7 | Casino Development Authority's casino pursuant to this Act | ||||||
| 8 | and the Chicago Casino Development Authority Act; and | ||||||
| 9 | (14) To adopt, by rule, a code of conduct governing | ||||||
| 10 | Board members and employees that ensure, to the maximum | ||||||
| 11 | extent possible, that persons subject to this Code avoid | ||||||
| 12 | situations, relationships, or associations that may | ||||||
| 13 | represent or lead to a conflict of interest.
| ||||||
| 14 | Internal controls and changes submitted by licensees must | ||||||
| 15 | be reviewed and either approved or denied with cause within 90 | ||||||
| 16 | days after receipt of submission is deemed final by the | ||||||
| 17 | Illinois Gaming Board. In the event an internal control | ||||||
| 18 | submission or change does not meet the standards set by the | ||||||
| 19 | Board, staff of the Board must provide technical assistance to | ||||||
| 20 | the licensee to rectify such deficiencies within 90 days after | ||||||
| 21 | the initial submission and the revised submission must be | ||||||
| 22 | reviewed and approved or denied with cause within 90 days after | ||||||
| 23 | the date the revised submission is deemed final by the Board. | ||||||
| 24 | For the purposes of this paragraph, "with cause" means that the | ||||||
| 25 | approval of the submission would jeopardize the integrity of | ||||||
| 26 | gaming. In the event the Board staff has not acted within the | ||||||
| |||||||
| |||||||
| 1 | timeframe, the submission shall be deemed approved. | ||||||
| 2 | (c) The Board shall have jurisdiction over and shall | ||||||
| 3 | supervise all
gambling operations governed by this Act and the | ||||||
| 4 | Chicago Casino Development Authority Act. The Board shall have | ||||||
| 5 | all powers
necessary and proper to fully and effectively | ||||||
| 6 | execute the provisions of
this Act and the Chicago Casino | ||||||
| 7 | Development Authority Act, including, but not limited to, the | ||||||
| 8 | following:
| ||||||
| 9 | (1) To investigate applicants and determine the | ||||||
| 10 | eligibility of
applicants for licenses and to select among | ||||||
| 11 | competing applicants the
applicants which best serve the | ||||||
| 12 | interests of the citizens of Illinois.
| ||||||
| 13 | (2) To have jurisdiction and supervision over all | ||||||
| 14 | riverboat gambling
operations authorized under this Act | ||||||
| 15 | and the Chicago Casino Development Authority Act in this | ||||||
| 16 | State and all persons in places on riverboats where | ||||||
| 17 | gambling
operations are conducted.
| ||||||
| 18 | (3) To promulgate rules and regulations for the purpose | ||||||
| 19 | of administering
the provisions of this Act and the Chicago | ||||||
| 20 | Casino Development Authority Act and to prescribe rules, | ||||||
| 21 | regulations and
conditions under which all riverboat | ||||||
| 22 | gambling operations subject to this
Act and the Chicago | ||||||
| 23 | Casino Development Authority Act in the State shall be
| ||||||
| 24 | conducted. Such rules and regulations are to provide for | ||||||
| 25 | the prevention of
practices detrimental to the public | ||||||
| 26 | interest and for the best interests of
riverboat gambling, | ||||||
| |||||||
| |||||||
| 1 | including rules and regulations regarding the
inspection | ||||||
| 2 | of electronic gaming facilities, casinos, and such | ||||||
| 3 | riverboats, and the review of any permits or licenses
| ||||||
| 4 | necessary to operate a riverboat, casino, or electronic | ||||||
| 5 | gaming facilities under any laws or regulations applicable
| ||||||
| 6 | to riverboats, casinos, or electronic gaming facilities | ||||||
| 7 | and to impose penalties for violations thereof.
| ||||||
| 8 | (4) To enter the office, riverboats, casinos, | ||||||
| 9 | electronic gaming facilities, and
other facilities, or | ||||||
| 10 | other
places of business of a licensee, where evidence of | ||||||
| 11 | the compliance or
noncompliance with the provisions of this | ||||||
| 12 | Act and the Chicago Casino Development Authority Act is | ||||||
| 13 | likely to be found.
| ||||||
| 14 | (5) To investigate alleged violations of this Act, the | ||||||
| 15 | Chicago Casino Development Authority Act, or the
rules of | ||||||
| 16 | the Board and to take appropriate disciplinary
action | ||||||
| 17 | against a licensee or a holder of an occupational license | ||||||
| 18 | for a
violation, or institute appropriate legal action for | ||||||
| 19 | enforcement, or both.
| ||||||
| 20 | (6) To adopt standards for the licensing of all persons | ||||||
| 21 | and entities under this Act and the Chicago Casino | ||||||
| 22 | Development Authority Act,
as well as for electronic or | ||||||
| 23 | mechanical gambling games, and to establish
fees for such | ||||||
| 24 | licenses.
| ||||||
| 25 | (7) To adopt appropriate standards for all electronic | ||||||
| 26 | gaming facilities, riverboats, casinos,
and other | ||||||
| |||||||
| |||||||
| 1 | facilities authorized under this Act and the Chicago Casino | ||||||
| 2 | Development Authority Act.
| ||||||
| 3 | (8) To require that the records, including financial or | ||||||
| 4 | other statements
of any licensee under this Act and the | ||||||
| 5 | Chicago Casino Development Authority Act, shall be kept in | ||||||
| 6 | such manner as prescribed
by the Board and that any such | ||||||
| 7 | licensee involved in the ownership or
management of | ||||||
| 8 | gambling operations submit to the Board an annual balance
| ||||||
| 9 | sheet and profit and loss statement, list of the | ||||||
| 10 | stockholders or other
persons having a 1% or greater | ||||||
| 11 | beneficial interest in the gambling
activities of each | ||||||
| 12 | licensee, and any other information the Board deems
| ||||||
| 13 | necessary in order to effectively administer this Act and | ||||||
| 14 | the Chicago Casino Development Authority Act and all rules,
| ||||||
| 15 | regulations, orders and final decisions promulgated under | ||||||
| 16 | this Act and the Chicago Casino Development Authority Act.
| ||||||
| 17 | (9) To conduct hearings, issue subpoenas for the | ||||||
| 18 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
| 19 | production of books, records
and other pertinent documents | ||||||
| 20 | in accordance with the Illinois
Administrative Procedure | ||||||
| 21 | Act, and to administer oaths and affirmations to
the | ||||||
| 22 | witnesses, when, in the judgment of the Board, it is | ||||||
| 23 | necessary to
administer or enforce this Act, the Chicago | ||||||
| 24 | Casino Development Authority Act, or the Board rules.
| ||||||
| 25 | (10) To prescribe a form to be used by any licensee | ||||||
| 26 | involved in the
ownership or management of gambling | ||||||
| |||||||
| |||||||
| 1 | operations as an
application for employment for their | ||||||
| 2 | employees.
| ||||||
| 3 | (11) To revoke or suspend licenses, other than the | ||||||
| 4 | license issued to the Chicago Casino Development | ||||||
| 5 | Authority, as the Board may see fit and in
compliance with | ||||||
| 6 | applicable laws of the State regarding administrative
| ||||||
| 7 | procedures, and to review applications for the renewal of | ||||||
| 8 | licenses. The
Board may suspend an owners license (other | ||||||
| 9 | than the license issued to the Chicago Casino Development | ||||||
| 10 | Authority), electronic gaming license, or casino operator | ||||||
| 11 | license, without notice or hearing upon a
determination | ||||||
| 12 | that the safety or health of patrons or employees is
| ||||||
| 13 | jeopardized by continuing a gambling operation conducted | ||||||
| 14 | under that license riverboat's operation. The suspension | ||||||
| 15 | may
remain in effect until the Board determines that the | ||||||
| 16 | cause for suspension
has been abated. The Board may revoke | ||||||
| 17 | an the owners license (other than the license issued to the | ||||||
| 18 | Chicago Casino Development Authority), electronic
gaming
| ||||||
| 19 | license, or casino operator license upon a
determination | ||||||
| 20 | that the licensee owner has not made satisfactory progress | ||||||
| 21 | toward
abating the hazard.
| ||||||
| 22 | (12) To eject or exclude or authorize the ejection or | ||||||
| 23 | exclusion of, any
person from riverboat gambling | ||||||
| 24 | facilities where that such person is in violation
of this | ||||||
| 25 | Act or the Chicago Casino Development Authority Act, rules | ||||||
| 26 | and regulations thereunder, or final orders of the
Board, | ||||||
| |||||||
| |||||||
| 1 | or where such person's conduct or reputation is such that | ||||||
| 2 | his or her
presence within the riverboat gambling | ||||||
| 3 | facilities may, in the opinion of
the Board, call into | ||||||
| 4 | question the honesty and integrity of the gambling
| ||||||
| 5 | operations or interfere with the orderly conduct thereof; | ||||||
| 6 | provided that the
propriety of such ejection or exclusion | ||||||
| 7 | is subject to subsequent hearing
by the Board.
| ||||||
| 8 | (13) To require all licensees of gambling operations to | ||||||
| 9 | utilize a
cashless wagering system whereby all players' | ||||||
| 10 | money is converted to tokens,
electronic cards, or chips | ||||||
| 11 | which shall be used only for wagering in the
gambling | ||||||
| 12 | establishment.
| ||||||
| 13 | (14) (Blank).
| ||||||
| 14 | (15) To suspend, revoke or restrict licenses, other | ||||||
| 15 | than the license issued to the Chicago Casino Development | ||||||
| 16 | Authority, to require the
removal of a licensee or an | ||||||
| 17 | employee of a licensee for a violation of this
Act, the | ||||||
| 18 | Chicago Casino Development Authority Act, or a Board rule | ||||||
| 19 | or for engaging in a fraudulent practice, and to
impose | ||||||
| 20 | civil penalties of up to $5,000 against individuals and up | ||||||
| 21 | to
$10,000 or an amount equal to the daily gross receipts, | ||||||
| 22 | whichever is
larger, against licensees for each violation | ||||||
| 23 | of any provision of the Act, the Chicago Casino Development | ||||||
| 24 | Authority Act,
any rules adopted by the Board, any order of | ||||||
| 25 | the Board or any other action
which, in the Board's | ||||||
| 26 | discretion, is a detriment or impediment to riverboat
| ||||||
| |||||||
| |||||||
| 1 | gambling operations.
| ||||||
| 2 | (16) To hire employees to gather information, conduct | ||||||
| 3 | investigations
and carry out any other tasks contemplated | ||||||
| 4 | under this Act or the Chicago Casino Development Authority | ||||||
| 5 | Act.
| ||||||
| 6 | (17) To establish minimum levels of insurance to be | ||||||
| 7 | maintained by
licensees.
| ||||||
| 8 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
| 9 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
| 10 | of 1934 on board a riverboat or in a casino
and to have | ||||||
| 11 | exclusive authority to establish the hours for sale and
| ||||||
| 12 | consumption of alcoholic liquor on board a riverboat or in | ||||||
| 13 | a casino, notwithstanding any
provision of the Liquor | ||||||
| 14 | Control Act of 1934 or any local ordinance, and
regardless | ||||||
| 15 | of whether the riverboat makes excursions. The
| ||||||
| 16 | establishment of the hours for sale and consumption of | ||||||
| 17 | alcoholic liquor on
board a riverboat or in a casino is an | ||||||
| 18 | exclusive power and function of the State. A home
rule unit | ||||||
| 19 | may not establish the hours for sale and consumption of | ||||||
| 20 | alcoholic
liquor on board a riverboat or in a casino. This | ||||||
| 21 | subdivision (18) amendatory Act of 1991 is a denial and
| ||||||
| 22 | limitation of home rule powers and functions under | ||||||
| 23 | subsection (h) of
Section 6 of Article VII of the Illinois | ||||||
| 24 | Constitution.
| ||||||
| 25 | (19) After consultation with the U.S. Army Corps of | ||||||
| 26 | Engineers, to
establish binding emergency orders upon the | ||||||
| |||||||
| |||||||
| 1 | concurrence of a majority of
the members of the Board | ||||||
| 2 | regarding the navigability of water, relative to
| ||||||
| 3 | excursions,
in the event
of extreme weather conditions, | ||||||
| 4 | acts of God or other extreme circumstances.
| ||||||
| 5 | (20) To delegate the execution of any of its powers | ||||||
| 6 | under this Act or the Chicago Casino Development Authority | ||||||
| 7 | Act for
the purpose of administering and enforcing this | ||||||
| 8 | Act, the Chicago Casino Development Authority Act, and the | ||||||
| 9 | its rules adopted by the Board under both Acts and
| ||||||
| 10 | regulations hereunder.
| ||||||
| 11 | (20.5) To approve any contract entered into on its | ||||||
| 12 | behalf.
| ||||||
| 13 | (20.6) To appoint investigators to conduct | ||||||
| 14 | investigations, searches, seizures, arrests, and other | ||||||
| 15 | duties imposed under this Act, as deemed necessary by the | ||||||
| 16 | Board. These investigators have and may exercise all of the | ||||||
| 17 | rights and powers of peace officers, provided that these | ||||||
| 18 | powers shall be limited to offenses or violations occurring | ||||||
| 19 | or committed in a casino, in an electronic gaming facility, | ||||||
| 20 | or on a riverboat or dock, as defined in subsections (d) | ||||||
| 21 | and (f) of Section 4, or as otherwise provided by this Act, | ||||||
| 22 | the Chicago Casino Development Authority Act, or any other | ||||||
| 23 | law. | ||||||
| 24 | (20.7) To contract with the Department of State Police | ||||||
| 25 | for the use of trained and qualified State police officers | ||||||
| 26 | and with the Department of Revenue for the use of trained | ||||||
| |||||||
| |||||||
| 1 | and qualified Department of Revenue investigators to | ||||||
| 2 | conduct investigations, searches, seizures, arrests, and | ||||||
| 3 | other duties imposed under this Act or the Chicago Casino | ||||||
| 4 | Development Authority Act and to exercise all of the rights | ||||||
| 5 | and powers of peace officers, provided that the powers of | ||||||
| 6 | Department of Revenue investigators under this subdivision | ||||||
| 7 | (20.7) shall be limited to offenses or violations occurring | ||||||
| 8 | or committed in a casino, in an electronic gaming facility, | ||||||
| 9 | or on a riverboat or dock, as defined in subsections (d) | ||||||
| 10 | and (f) of Section 4, or as otherwise provided by this Act | ||||||
| 11 | or any other law. In the event the Department of State | ||||||
| 12 | Police or the Department of Revenue is unable to fill | ||||||
| 13 | contracted police or investigative positions, the Board | ||||||
| 14 | may appoint investigators to fill those positions pursuant | ||||||
| 15 | to subdivision (20.6).
| ||||||
| 16 | (21) To adopt rules concerning the conduct of | ||||||
| 17 | electronic gaming. | ||||||
| 18 | (22) To have the same jurisdiction and supervision over | ||||||
| 19 | casinos and electronic gaming facilities as the Board has | ||||||
| 20 | over riverboats, including, but not limited to, the power | ||||||
| 21 | to (i) investigate, review, and approve contracts as that | ||||||
| 22 | power is applied to riverboats, (ii) adopt rules for | ||||||
| 23 | administering the provisions of this Act or the Chicago | ||||||
| 24 | Casino Development Authority Act, (iii) adopt standards | ||||||
| 25 | for the licensing of all persons involved with a casino or | ||||||
| 26 | electronic gaming facility, (iv) investigate alleged | ||||||
| |||||||
| |||||||
| 1 | violations of this Act by any person involved with a casino | ||||||
| 2 | or electronic gaming facility, and (v) require that | ||||||
| 3 | records, including financial or other statements of any | ||||||
| 4 | casino or electronic gaming facility, shall be kept in such | ||||||
| 5 | manner as prescribed by the Board. | ||||||
| 6 | (23) To supervise and regulate the Chicago Casino | ||||||
| 7 | Development Authority in accordance with the Chicago | ||||||
| 8 | Casino Development Authority Act and the provisions of this | ||||||
| 9 | Act.
| ||||||
| 10 | (24) (21) To take any other action as may be reasonable | ||||||
| 11 | or appropriate to
enforce this Act, the Chicago Casino | ||||||
| 12 | Development Authority Act, and the rules adopted by the | ||||||
| 13 | Board under both Acts and regulations hereunder.
| ||||||
| 14 | All Board powers enumerated in this Section in relation to | ||||||
| 15 | licensees shall apply equally to the holder of any casino | ||||||
| 16 | management contract entered into pursuant to the Chicago Casino | ||||||
| 17 | Development Authority Act. | ||||||
| 18 | (d) The Board may seek and shall receive the cooperation of | ||||||
| 19 | the
Department of State Police in conducting background | ||||||
| 20 | investigations of
applicants and in fulfilling its | ||||||
| 21 | responsibilities under
this Section. Costs incurred by the | ||||||
| 22 | Department of State Police as
a result of such cooperation | ||||||
| 23 | shall be paid by the Board in conformance
with the requirements | ||||||
| 24 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
| 25 | ILCS 2605/2605-400).
| ||||||
| 26 | (e) The Board must authorize to each investigator and to | ||||||
| |||||||
| |||||||
| 1 | any other
employee of the Board exercising the powers of a | ||||||
| 2 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
| 3 | states that the badge is authorized by the Board
and
(ii) | ||||||
| 4 | contains a unique identifying number. No other badge shall be | ||||||
| 5 | authorized
by the Board.
| ||||||
| 6 | (Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
| ||||||
| 7 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
| 8 | Sec. 5.1. Disclosure of records.
| ||||||
| 9 | (a) Notwithstanding any applicable statutory provision to | ||||||
| 10 | the contrary,
the Board shall, on written request from any | ||||||
| 11 | person, provide
information furnished by an applicant or | ||||||
| 12 | licensee concerning the applicant
or licensee, his products, | ||||||
| 13 | services or gambling enterprises and his
business holdings, as | ||||||
| 14 | follows:
| ||||||
| 15 | (1) The name, business address and business telephone | ||||||
| 16 | number of any
applicant or licensee.
| ||||||
| 17 | (2) An identification of any applicant or licensee | ||||||
| 18 | including, if an
applicant or licensee is not an | ||||||
| 19 | individual, the names and addresses of all stockholders and | ||||||
| 20 | directors, if the entity is a corporation; the names and | ||||||
| 21 | addresses of all members, if the entity is a limited | ||||||
| 22 | liability company; the names and addresses of all partners, | ||||||
| 23 | both general and limited, if the entity is a partnership; | ||||||
| 24 | and the names and addresses of all beneficiaries, if the | ||||||
| 25 | entity is a trust the state of incorporation or
| ||||||
| |||||||
| |||||||
| 1 | registration, the corporate officers, and the identity of | ||||||
| 2 | all shareholders
or participants. If an applicant or | ||||||
| 3 | licensee has a pending registration
statement filed with | ||||||
| 4 | the Securities and Exchange Commission, only the names
of | ||||||
| 5 | those persons or entities holding interest of 5% or more | ||||||
| 6 | must be provided.
| ||||||
| 7 | (3) An identification of any business, including, if | ||||||
| 8 | applicable, the
state of incorporation or registration, in | ||||||
| 9 | which an applicant or licensee
or an applicant's or | ||||||
| 10 | licensee's spouse or children has an equity interest
of | ||||||
| 11 | more than 1%. If an applicant or licensee is a corporation, | ||||||
| 12 | partnership
or other business entity, the applicant or | ||||||
| 13 | licensee shall identify any
other corporation, partnership | ||||||
| 14 | or business entity in which it has an equity
interest of 1%
| ||||||
| 15 | or more, including, if applicable, the state of
| ||||||
| 16 | incorporation or registration. This information need not | ||||||
| 17 | be provided by a
corporation, partnership or other business | ||||||
| 18 | entity that has a pending
registration statement filed with | ||||||
| 19 | the Securities and Exchange Commission.
| ||||||
| 20 | (4) Whether an applicant or licensee has been indicted, | ||||||
| 21 | convicted,
pleaded guilty or nolo contendere, or forfeited | ||||||
| 22 | bail concerning any
criminal offense under the laws of any | ||||||
| 23 | jurisdiction, either felony or
misdemeanor (except for | ||||||
| 24 | traffic violations), including the date, the name
and | ||||||
| 25 | location of the court, arresting agency and prosecuting | ||||||
| 26 | agency, the
case number, the offense, the disposition and | ||||||
| |||||||
| |||||||
| 1 | the location and length of
incarceration.
| ||||||
| 2 | (5) Whether an applicant or licensee has had any | ||||||
| 3 | license or
certificate issued by a licensing authority in | ||||||
| 4 | Illinois or any other
jurisdiction denied, restricted, | ||||||
| 5 | suspended, revoked or not renewed and a
statement | ||||||
| 6 | describing the facts and circumstances concerning the | ||||||
| 7 | denial,
restriction, suspension, revocation or | ||||||
| 8 | non-renewal, including the licensing
authority, the date | ||||||
| 9 | each such action was taken, and the reason for each
such | ||||||
| 10 | action.
| ||||||
| 11 | (6) Whether an applicant or licensee has ever filed or | ||||||
| 12 | had filed against
it a proceeding in bankruptcy or has ever | ||||||
| 13 | been involved in any formal
process to adjust, defer, | ||||||
| 14 | suspend or otherwise work out the payment of any
debt | ||||||
| 15 | including the date of filing, the name and location of the | ||||||
| 16 | court, the
case and number of the disposition.
| ||||||
| 17 | (7) Whether an applicant or licensee has filed, or been | ||||||
| 18 | served with a
complaint or other notice filed with any | ||||||
| 19 | public body, regarding the
delinquency in the payment of, | ||||||
| 20 | or a dispute over the filings concerning the
payment of, | ||||||
| 21 | any tax required under federal, State or local law, | ||||||
| 22 | including
the amount, type of tax, the taxing agency and | ||||||
| 23 | time periods involved.
| ||||||
| 24 | (8) A statement listing the names and titles of all | ||||||
| 25 | public officials
or officers of any unit of government, and | ||||||
| 26 | relatives of said
public officials or officers who, | ||||||
| |||||||
| |||||||
| 1 | directly or indirectly, own
any financial interest in, have | ||||||
| 2 | any beneficial interest in, are the
creditors of or hold | ||||||
| 3 | any debt instrument issued by, or hold or have any
interest | ||||||
| 4 | in any contractual or service relationship with, an | ||||||
| 5 | applicant
or licensee.
| ||||||
| 6 | (9) Whether an applicant or licensee has made, directly | ||||||
| 7 | or indirectly,
any political contribution, or any loans, | ||||||
| 8 | donations or other payments, to
any candidate or office | ||||||
| 9 | holder, within 5 years from the date of filing the
| ||||||
| 10 | application, including the amount and the method of | ||||||
| 11 | payment.
| ||||||
| 12 | (10) The name and business telephone number of the | ||||||
| 13 | counsel
representing an applicant or licensee in matters | ||||||
| 14 | before the Board.
| ||||||
| 15 | (11) A description of any proposed or approved | ||||||
| 16 | riverboat or casino
gaming or electronic gaming operation, | ||||||
| 17 | including the type of boat, home dock or casino or | ||||||
| 18 | electronic gaming location, expected
economic benefit to | ||||||
| 19 | the community, anticipated or actual number of
employees, | ||||||
| 20 | any statement from an applicant or licensee regarding | ||||||
| 21 | compliance
with federal and State affirmative action | ||||||
| 22 | guidelines, projected or actual
admissions and projected | ||||||
| 23 | or actual adjusted gross gaming receipts.
| ||||||
| 24 | (12) A description of the product or service to be | ||||||
| 25 | supplied by an
applicant for a supplier's license.
| ||||||
| 26 | (b) Notwithstanding any applicable statutory provision to | ||||||
| |||||||
| |||||||
| 1 | the contrary,
the Board shall, on written request from any | ||||||
| 2 | person, also provide
the following information:
| ||||||
| 3 | (1) The amount of the wagering tax and admission tax | ||||||
| 4 | paid daily to the
State of Illinois by the holder of an | ||||||
| 5 | owner's license.
| ||||||
| 6 | (2) Whenever the Board finds an applicant for an | ||||||
| 7 | owner's license
unsuitable for licensing, a copy of the | ||||||
| 8 | written letter outlining the
reasons for the denial.
| ||||||
| 9 | (3) Whenever the Board has refused to grant leave for | ||||||
| 10 | an applicant to
withdraw his application, a copy of the | ||||||
| 11 | letter outlining the reasons for
the refusal.
| ||||||
| 12 | (c) Subject to the above provisions, the Board shall not | ||||||
| 13 | disclose any
information which would be barred by:
| ||||||
| 14 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
| 15 | (2) The statutes, rules, regulations or | ||||||
| 16 | intergovernmental agreements
of any jurisdiction.
| ||||||
| 17 | (d) The Board may assess fees for the copying of | ||||||
| 18 | information in
accordance with Section 6 of the Freedom of | ||||||
| 19 | Information Act.
| ||||||
| 20 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
| 21 | (230 ILCS 10/5.3 new) | ||||||
| 22 | Sec. 5.3. Ethical conduct. | ||||||
| 23 | (a) Officials and employees of the corporate authority of a | ||||||
| 24 | host community must carry out their duties and responsibilities | ||||||
| 25 | in such a manner as to promote and preserve public trust and | ||||||
| |||||||
| |||||||
| 1 | confidence in the integrity and conduct of gaming. | ||||||
| 2 | (b) Officials and employees of the corporate authority of a | ||||||
| 3 | host community shall not use or attempt to use his or her | ||||||
| 4 | official position to secure or attempt to secure any privilege, | ||||||
| 5 | advantage, favor, or influence for himself or herself or | ||||||
| 6 | others. | ||||||
| 7 | (c) Officials and employees of the corporate authority of a | ||||||
| 8 | host community may not have a financial interest, directly or | ||||||
| 9 | indirectly, in his or her own name or in the name of any other | ||||||
| 10 | person, partnership, association, trust, corporation, or other | ||||||
| 11 | entity in any contract or subcontract for the performance of | ||||||
| 12 | any work for a riverboat or casino that is located in the host | ||||||
| 13 | community. This prohibition shall extend to the holding or | ||||||
| 14 | acquisition of an interest in any entity identified by Board | ||||||
| 15 | action that, in the Board's judgment, could represent the | ||||||
| 16 | potential for or the appearance of a financial interest. The | ||||||
| 17 | holding or acquisition of an interest in such entities through | ||||||
| 18 | an indirect means, such as through a mutual fund, shall not be | ||||||
| 19 | prohibited, except that the Board may identify specific | ||||||
| 20 | investments or funds that, in its judgment, are so influenced | ||||||
| 21 | by gaming holdings as to represent the potential for or the | ||||||
| 22 | appearance of a conflict of interest. | ||||||
| 23 | (d) Officials and employees of the corporate authority of a | ||||||
| 24 | host community may not accept any gift, gratuity, service, | ||||||
| 25 | compensation, travel, lodging, or thing of value, with the | ||||||
| 26 | exception of unsolicited items of an incidental nature, from | ||||||
| |||||||
| |||||||
| 1 | any person, corporation, or entity doing business with the | ||||||
| 2 | riverboat or casino that is located in the host community. | ||||||
| 3 | (e) Officials and employees of the corporate authority of a | ||||||
| 4 | host community shall not, during the period that the person is | ||||||
| 5 | an official or employee of the corporate authority or for a | ||||||
| 6 | period of 2 years immediately after leaving such office, | ||||||
| 7 | knowingly accept employment or receive compensation or fees for | ||||||
| 8 | services from a person or entity, or its parent or affiliate, | ||||||
| 9 | that has engaged in business with the riverboat or casino that | ||||||
| 10 | is located in the host community that resulted in contracts | ||||||
| 11 | with an aggregate value of at least $25,000 or if that official | ||||||
| 12 | or employee has made a decision that directly applied to the | ||||||
| 13 | person or entity, or its parent or affiliate. | ||||||
| 14 | (f) A spouse, child, or parent of an official or employee | ||||||
| 15 | of the corporate authority of a host community may not have a | ||||||
| 16 | financial interest, directly or indirectly, in his or her own | ||||||
| 17 | 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 a | ||||||
| 20 | riverboat or casino in the host community. This prohibition | ||||||
| 21 | shall extend to the holding or acquisition of an interest in | ||||||
| 22 | any entity identified by Board action that, in the judgment of | ||||||
| 23 | the Board, could represent the potential for or the appearance | ||||||
| 24 | of a conflict of interest. The holding or acquisition of an | ||||||
| 25 | interest in such entities through an indirect means, such as | ||||||
| 26 | through a mutual fund, shall not be prohibited, expect that the | ||||||
| |||||||
| |||||||
| 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) A spouse, child, or parent of an official or employee | ||||||
| 5 | of the corporate authority of a host community may not accept | ||||||
| 6 | any gift, gratuity, service, compensation, travel, lodging, or | ||||||
| 7 | thing of value, with the exception of unsolicited items of an | ||||||
| 8 | incidental nature, from any person, corporation, or entity | ||||||
| 9 | doing business with the riverboat or casino that is located in | ||||||
| 10 | the host community. | ||||||
| 11 | (h) A spouse, child, or parent of an official or employee | ||||||
| 12 | of the corporate authority of a host community may not, during | ||||||
| 13 | the period that the person is an official of the corporate | ||||||
| 14 | authority or for a period of 2 years immediately after leaving | ||||||
| 15 | such office or employment, knowingly accept employment or | ||||||
| 16 | receive compensation or fees for services from a person or | ||||||
| 17 | entity, or its parent or affiliate, that has engaged in | ||||||
| 18 | business with the riverboat or casino that is located in the | ||||||
| 19 | host community that resulted in contracts with an aggregate | ||||||
| 20 | value of at least $25,000 or if that official or employee has | ||||||
| 21 | made a decision that directly applied to the person or entity, | ||||||
| 22 | or its parent or affiliate. | ||||||
| 23 | (i) Officials and employees of the corporate authority of a | ||||||
| 24 | host community shall not attempt, in any way, to influence any | ||||||
| 25 | person or entity doing business with the riverboat or casino | ||||||
| 26 | that is located in the host community or any officer, agent, or | ||||||
| |||||||
| |||||||
| 1 | employee thereof to hire or contract with any person or entity | ||||||
| 2 | for any compensated work. | ||||||
| 3 | (j) Any communication between an official of the corporate | ||||||
| 4 | authority of a host community and any applicant for an owners | ||||||
| 5 | license in the host community, or an officer, director, or | ||||||
| 6 | employee of a riverboat or casino in the host community, | ||||||
| 7 | concerning any matter relating in any way to gaming shall be | ||||||
| 8 | disclosed to the Board. Such disclosure shall be in writing by | ||||||
| 9 | the official within 30 days after the communication and shall | ||||||
| 10 | be filed with the Board. Disclosure must consist of the date of | ||||||
| 11 | the communication, the identity and job title of the person | ||||||
| 12 | with 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. Public | ||||||
| 16 | disclosure of the written summary provided to the Board and the | ||||||
| 17 | Gaming Board shall be subject to the exemptions provided under | ||||||
| 18 | the Freedom of Information Act. | ||||||
| 19 | This subsection (j) shall not apply to communications | ||||||
| 20 | regarding traffic, law enforcement, security, environmental | ||||||
| 21 | issues, city services, transportation, or other routine | ||||||
| 22 | matters concerning the ordinary operations of the riverboat or | ||||||
| 23 | casino. For purposes of this subsection (j), "ordinary | ||||||
| 24 | operations" means operations relating to the casino or | ||||||
| 25 | riverboat facility other than the conduct of gambling | ||||||
| 26 | activities, and "routine matters" includes the application | ||||||
| |||||||
| |||||||
| 1 | for, issuance of, renewal of, and other processes associated | ||||||
| 2 | with municipal permits and licenses. | ||||||
| 3 | (k) Any official or employee who violates any provision of | ||||||
| 4 | this Section is guilty of a Class 4 felony. | ||||||
| 5 | (l) For purposes of this Section, "host community" or "host | ||||||
| 6 | municipality" means a unit of local government that contains a | ||||||
| 7 | riverboat or casino within its borders, but does not include | ||||||
| 8 | the City of Chicago or the Chicago Casino Development | ||||||
| 9 | Authority.
| ||||||
| 10 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
| 11 | Sec. 6. Application for Owners License.
| ||||||
| 12 | (a) A qualified person may
apply to the Board for an owners | ||||||
| 13 | license to
conduct a riverboat gambling operation as provided | ||||||
| 14 | in this Act. The
application shall be made on forms provided by | ||||||
| 15 | the Board and shall contain
such information as the Board | ||||||
| 16 | prescribes, including but not limited to the
identity of the | ||||||
| 17 | riverboat on which such gambling operation is to be
conducted, | ||||||
| 18 | if applicable, and the exact location where such riverboat or | ||||||
| 19 | casino will be located docked, a
certification that the | ||||||
| 20 | riverboat will be registered under this Act at all
times during | ||||||
| 21 | which gambling operations are conducted on board, detailed
| ||||||
| 22 | information regarding the ownership and management of the | ||||||
| 23 | applicant, and
detailed personal information regarding the | ||||||
| 24 | applicant. Any application for an
owners license to be | ||||||
| 25 | re-issued on or after June 1, 2003 shall also
include the | ||||||
| |||||||
| |||||||
| 1 | applicant's license bid in a form prescribed by the Board.
| ||||||
| 2 | Information
provided on the application shall be used as a | ||||||
| 3 | basis for a thorough
background investigation which the Board | ||||||
| 4 | shall conduct with respect to each
applicant. An incomplete | ||||||
| 5 | application shall be cause for denial of a license
by the | ||||||
| 6 | Board.
| ||||||
| 7 | (a-5) In addition to any other information required under | ||||||
| 8 | this Section, each application for an owners license must | ||||||
| 9 | include the following information: | ||||||
| 10 | (1) The history and success of the applicant and each | ||||||
| 11 | person and entity disclosed under subsection (c) of this | ||||||
| 12 | Section in developing tourism facilities ancillary to | ||||||
| 13 | gaming, if applicable. | ||||||
| 14 | (2) The likelihood that granting a license to the | ||||||
| 15 | applicant will lead to the creation of quality, living wage | ||||||
| 16 | jobs and permanent, full-time jobs for residents of the | ||||||
| 17 | State and residents of the unit of local government that is | ||||||
| 18 | designated as the home dock of the proposed facility where | ||||||
| 19 | gambling is to be conducted by the applicant. | ||||||
| 20 | (3) The projected number of jobs that would be created | ||||||
| 21 | if the license is granted and the projected number of new | ||||||
| 22 | employees at the proposed facility where gambling is to be | ||||||
| 23 | conducted by the applicant. | ||||||
| 24 | (4) The record, if any, of the applicant and its | ||||||
| 25 | developer in meeting commitments to local agencies, | ||||||
| 26 | community-based organizations, and employees at other | ||||||
| |||||||
| |||||||
| 1 | locations where the applicant or its developer has | ||||||
| 2 | performed similar functions as they would perform if the | ||||||
| 3 | applicant were granted a license. | ||||||
| 4 | (5) Identification of adverse effects that might be | ||||||
| 5 | caused by the proposed facility where gambling is to be | ||||||
| 6 | conducted by the applicant, including the costs of meeting | ||||||
| 7 | increased demand for public health care, child care, public | ||||||
| 8 | transportation, affordable housing, and social services, | ||||||
| 9 | and a plan to mitigate those adverse effects. | ||||||
| 10 | (6) The record, if any, of the applicant and its | ||||||
| 11 | developer regarding compliance with: | ||||||
| 12 | (A) federal, state, and local discrimination, wage | ||||||
| 13 | and hour, disability, and occupational and | ||||||
| 14 | environmental health and safety laws; and | ||||||
| 15 | (B) state and local labor relations and employment | ||||||
| 16 | laws. | ||||||
| 17 | (7) The applicant's record, if any, in dealing with its | ||||||
| 18 | employees and their representatives at other locations. | ||||||
| 19 | (8) A plan concerning the utilization of | ||||||
| 20 | minority-owned and female-owned businesses and concerning | ||||||
| 21 | the hiring of minorities and females. | ||||||
| 22 | (9) Evidence the applicant used its best efforts to | ||||||
| 23 | reach a goal of 25% ownership representation by minority | ||||||
| 24 | persons and 5% ownership representation by females. | ||||||
| 25 | (b) Applicants shall submit with their application all | ||||||
| 26 | documents,
resolutions, and letters of support from the | ||||||
| |||||||
| |||||||
| 1 | governing body that represents
the municipality or county | ||||||
| 2 | wherein the licensee will be located dock.
| ||||||
| 3 | (c) Each applicant shall disclose the identity of every | ||||||
| 4 | person or entity ,
association, trust or corporation having a | ||||||
| 5 | greater than 1% direct or
indirect pecuniary interest in the | ||||||
| 6 | riverboat gambling operation with
respect to which the license | ||||||
| 7 | is sought. If the disclosed entity is a
trust, the application | ||||||
| 8 | shall disclose the names and addresses of all the
| ||||||
| 9 | beneficiaries; if a corporation, the names and
addresses of all | ||||||
| 10 | stockholders and directors; if a partnership, the names
and | ||||||
| 11 | addresses of all partners, both general and limited.
| ||||||
| 12 | (d) An application shall be filed and considered in | ||||||
| 13 | accordance with the rules of the Board. Each application shall | ||||||
| 14 | be accompanied by a non-refundable An
application fee of | ||||||
| 15 | $100,000. In addition, a non-refundable fee of $50,000 shall be | ||||||
| 16 | paid at the time of filing
to defray the costs associated with | ||||||
| 17 | the
background investigation conducted by the Board. If the | ||||||
| 18 | costs of the
investigation exceed $50,000, the applicant shall | ||||||
| 19 | pay the additional amount
to the Board within 7 days after | ||||||
| 20 | requested by the Board. If the costs of the investigation are | ||||||
| 21 | less than $50,000, the
applicant shall receive a refund of the | ||||||
| 22 | remaining amount. All
information, records, interviews, | ||||||
| 23 | reports, statements, memoranda or other
data supplied to or | ||||||
| 24 | used by the Board in the course of its review or
investigation | ||||||
| 25 | of an application for a license or a renewal under this Act | ||||||
| 26 | shall be
privileged, strictly confidential and shall be used | ||||||
| |||||||
| |||||||
| 1 | only for the purpose of
evaluating an applicant for a license | ||||||
| 2 | or a renewal. Such information, records, interviews, reports,
| ||||||
| 3 | statements, memoranda or other data shall not be admissible as | ||||||
| 4 | evidence,
nor discoverable in any action of any kind in any | ||||||
| 5 | court or before any
tribunal, board, agency or person, except | ||||||
| 6 | for any action deemed necessary
by the Board. The application | ||||||
| 7 | fee shall be deposited into the Gaming Facilities Fee Revenue | ||||||
| 8 | Fund.
| ||||||
| 9 | (e) The Board shall charge each applicant a fee set by the | ||||||
| 10 | Department of
State Police to defray the costs associated with | ||||||
| 11 | the search and
classification of fingerprints obtained by the | ||||||
| 12 | Board with respect to the
applicant's application. These fees | ||||||
| 13 | shall be paid into the State Police
Services Fund. In order to | ||||||
| 14 | expedite the application process, the Board may establish rules | ||||||
| 15 | allowing applicants to acquire criminal background checks and | ||||||
| 16 | financial integrity reviews as part of the initial application | ||||||
| 17 | process from a list of vendors approved by the Board.
| ||||||
| 18 | (f) The licensed owner shall be the person primarily | ||||||
| 19 | responsible for the
boat or casino itself. Only one riverboat | ||||||
| 20 | gambling operation may be authorized
by the Board on any | ||||||
| 21 | riverboat or in any casino. The applicant must identify the | ||||||
| 22 | each riverboat or premises
it intends to use and certify that | ||||||
| 23 | the riverboat or premises: (1) has the authorized
capacity | ||||||
| 24 | required in this Act; (2) is accessible to persons with | ||||||
| 25 | disabilities; and
(3) is fully registered and licensed in | ||||||
| 26 | accordance
with any applicable laws.
| ||||||
| |||||||
| |||||||
| 1 | (g) A person who knowingly makes a false statement on an | ||||||
| 2 | application is
guilty of a Class A misdemeanor.
| ||||||
| 3 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
| 4 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
| 5 | Sec. 7. Owners Licenses.
| ||||||
| 6 | (a) The Board shall issue owners licenses to persons or | ||||||
| 7 | entities , firms or
corporations which apply for such licenses | ||||||
| 8 | upon payment to the Board of the
non-refundable license fee as | ||||||
| 9 | provided in subsection (e) or (e-5) set by the Board, upon | ||||||
| 10 | payment of a $25,000
license fee for the first year of | ||||||
| 11 | operation and a $5,000 license fee for
each succeeding year and | ||||||
| 12 | upon a determination by the Board that the
applicant is | ||||||
| 13 | eligible for an owners license pursuant to this Act, the | ||||||
| 14 | Chicago Casino Development Authority Act, and the
rules of the | ||||||
| 15 | Board. From the effective date of this amendatory Act of the | ||||||
| 16 | 95th General Assembly until (i) 3 years after the effective | ||||||
| 17 | date of this amendatory Act of the 95th General Assembly, (ii) | ||||||
| 18 | the date any organization licensee begins to operate a slot | ||||||
| 19 | machine or video game of chance under the Illinois Horse Racing | ||||||
| 20 | Act of 1975 or this Act, (iii) the date that payments begin | ||||||
| 21 | under subsection (c-5) of Section 13 of the Act, or (iv) the | ||||||
| 22 | wagering tax imposed under Section 13 of this Act is increased | ||||||
| 23 | by law to reflect a tax rate that is at least as stringent or | ||||||
| 24 | more stringent than the tax rate contained in subsection (a-3) | ||||||
| 25 | of Section 13, or (v) when an owners licensee holding a license | ||||||
| |||||||
| |||||||
| 1 | issued pursuant to Section 7.1 of this Act begins conducting | ||||||
| 2 | gaming, whichever occurs first, as a condition of licensure and | ||||||
| 3 | as an alternative source of payment for those funds payable | ||||||
| 4 | under subsection (c-5) of Section 13 of this the Riverboat | ||||||
| 5 | Gambling Act, any owners licensee that holds or receives its | ||||||
| 6 | owners license on or after the effective date of this | ||||||
| 7 | amendatory Act of the 94th General Assembly, other than an | ||||||
| 8 | owners licensee operating a riverboat with adjusted gross | ||||||
| 9 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
| 10 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
| 11 | other payments required under this Act, an amount equal to 3% | ||||||
| 12 | of the adjusted gross receipts received by the owners licensee. | ||||||
| 13 | The payments required under this Section shall be made by the | ||||||
| 14 | owners licensee to the State Treasurer no later than 3:00 | ||||||
| 15 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
| 16 | receipts were received by the owners licensee. A person, firm | ||||||
| 17 | or entity corporation is ineligible to receive
an owners | ||||||
| 18 | license if:
| ||||||
| 19 | (1) the person has been convicted of a felony under the | ||||||
| 20 | laws of this
State, any other state, or the United States;
| ||||||
| 21 | (2) the person has been convicted of any violation of | ||||||
| 22 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
| 23 | Code of 2012, or substantially similar laws of any other | ||||||
| 24 | jurisdiction;
| ||||||
| 25 | (3) the person has submitted an application for a | ||||||
| 26 | license under this
Act or the Chicago Casino Development | ||||||
| |||||||
| |||||||
| 1 | Authority Act which contains false information;
| ||||||
| 2 | (4) the person is
a member of the Board;
| ||||||
| 3 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
| 4 | officer, director or
managerial employee of the entity firm | ||||||
| 5 | or corporation;
| ||||||
| 6 | (6) the entity firm or corporation employs a person | ||||||
| 7 | defined in (1), (2), (3) or
(4) who participates in the | ||||||
| 8 | management or operation of gambling operations
authorized | ||||||
| 9 | under this Act or the Chicago Casino Development Authority | ||||||
| 10 | Act;
| ||||||
| 11 | (7) (blank); or
| ||||||
| 12 | (8) a license of the person or entity , firm or | ||||||
| 13 | corporation issued under
this Act or the Chicago Casino | ||||||
| 14 | Development Authority Act, or a license to own or operate | ||||||
| 15 | gambling facilities
in any other jurisdiction, has been | ||||||
| 16 | revoked.
| ||||||
| 17 | The Board is expressly prohibited from making changes to | ||||||
| 18 | the requirement that licensees make payment into the Horse | ||||||
| 19 | Racing Equity Trust Fund without the express authority of the | ||||||
| 20 | Illinois General Assembly and making any other rule to | ||||||
| 21 | implement or interpret this amendatory Act of the 95th General | ||||||
| 22 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
| 23 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
| 24 | Administrative Procedure Act. | ||||||
| 25 | (a-1) Upon approval of the members of the Chicago Casino | ||||||
| 26 | Development Board, the Chicago Casino Development Authority's | ||||||
| |||||||
| |||||||
| 1 | executive director, and the Chicago casino operator licensee, | ||||||
| 2 | the Board shall issue an owners license to the Chicago Casino | ||||||
| 3 | Development Authority that authorizes the conduct of gambling | ||||||
| 4 | operations in a casino or in an airport located in the City of | ||||||
| 5 | Chicago. | ||||||
| 6 | (b) In determining whether to grant an owners license to an | ||||||
| 7 | applicant other than the Chicago Casino Development Authority, | ||||||
| 8 | the
Board shall consider:
| ||||||
| 9 | (1) the character, reputation, experience and | ||||||
| 10 | financial integrity of the
applicants and of any other or | ||||||
| 11 | separate person that either:
| ||||||
| 12 | (A) controls, directly or indirectly, such | ||||||
| 13 | applicant, or
| ||||||
| 14 | (B) is controlled, directly or indirectly, by such | ||||||
| 15 | applicant or by a
person which controls, directly or | ||||||
| 16 | indirectly, such applicant;
| ||||||
| 17 | (2) the facilities or proposed facilities for the | ||||||
| 18 | conduct of riverboat
gambling;
| ||||||
| 19 | (3) the highest prospective total revenue to be derived | ||||||
| 20 | by the State
from the conduct of riverboat gambling;
| ||||||
| 21 | (4) the extent to which the ownership of the applicant | ||||||
| 22 | reflects the
diversity of the State by including minority | ||||||
| 23 | persons, females, and persons with a disability
and the | ||||||
| 24 | good faith affirmative action plan of
each applicant to | ||||||
| 25 | recruit, train and upgrade minority persons, females, and | ||||||
| 26 | persons with a disability 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 | riverboat or casino;
| ||||||
| 7 | (7) the extent to which the applicant exceeds or meets | ||||||
| 8 | other standards
for the issuance of an owners license which | ||||||
| 9 | the Board may adopt by rule;
and
| ||||||
| 10 | (8) the The amount of the applicant's license bid; .
| ||||||
| 11 | (9) the extent to which the applicant or the proposed | ||||||
| 12 | host municipality plans to enter into revenue sharing | ||||||
| 13 | agreements with communities other than the host | ||||||
| 14 | municipality; and | ||||||
| 15 | (10) the extent to which the ownership of an applicant | ||||||
| 16 | includes the most qualified number of minority persons, | ||||||
| 17 | females, and persons with a disability. | ||||||
| 18 | (c) Each owners license shall specify the place where the | ||||||
| 19 | casino riverboats shall
operate or the riverboat shall operate | ||||||
| 20 | and dock.
| ||||||
| 21 | (d) Each applicant shall submit with his application, on | ||||||
| 22 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
| 23 | (e) In addition to any licenses authorized under subsection | ||||||
| 24 | (e-5) of this Section, the The Board may issue up to 10 | ||||||
| 25 | licenses authorizing the holders of such
licenses to own | ||||||
| 26 | riverboats. In the application for an owners license, the
| ||||||
| |||||||
| |||||||
| 1 | applicant shall state the dock at which the riverboat is based | ||||||
| 2 | and the water
on which the riverboat will be located. The Board | ||||||
| 3 | shall issue 5 licenses to
become effective not earlier than | ||||||
| 4 | January 1, 1991. Three of such licenses
shall authorize | ||||||
| 5 | riverboat gambling on the Mississippi River, or, with approval
| ||||||
| 6 | by the municipality in which the
riverboat was docked on August | ||||||
| 7 | 7, 2003 and with Board approval, be authorized to relocate to a | ||||||
| 8 | new location,
in a
municipality that (1) borders on the | ||||||
| 9 | Mississippi River or is within 5
miles of the city limits of a | ||||||
| 10 | municipality that borders on the Mississippi
River and (2), on | ||||||
| 11 | August 7, 2003, had a riverboat conducting riverboat gambling | ||||||
| 12 | operations pursuant to
a license issued under this Act; one of | ||||||
| 13 | which shall authorize riverboat
gambling from a home dock in | ||||||
| 14 | the city of East St. Louis. One other license
shall
authorize | ||||||
| 15 | riverboat gambling on
the Illinois River in Tazewell County or, | ||||||
| 16 | with Board approval, shall authorize the riverboat to relocate | ||||||
| 17 | to a new location that is no more than 10 miles away from its | ||||||
| 18 | original location, in a municipality that borders on the | ||||||
| 19 | Illinois River or is within 5 miles of the city limits of a | ||||||
| 20 | municipality that borders on the Illinois River south of | ||||||
| 21 | Marshall County. The Board shall issue one
additional license | ||||||
| 22 | to become effective not earlier than March 1, 1992, which
shall | ||||||
| 23 | authorize riverboat gambling on the Des Plaines River in Will | ||||||
| 24 | County.
The Board may issue 4 additional licenses to become | ||||||
| 25 | effective not
earlier than
March 1, 1992. In determining the | ||||||
| 26 | water upon which riverboats will operate,
the Board shall | ||||||
| |||||||
| |||||||
| 1 | consider the economic benefit which riverboat gambling confers
| ||||||
| 2 | on the State, and shall seek to assure that all regions of the | ||||||
| 3 | State share
in the economic 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. The fee for issuance or renewal of a | ||||||
| 17 | license pursuant to this subsection (e) shall be $100,000.
| ||||||
| 18 | (e-5) In addition to licenses authorized under subsection | ||||||
| 19 | (e) of this Section: | ||||||
| 20 | (1) the Board shall issue one owners license | ||||||
| 21 | authorizing the conduct of casino gambling in the City of | ||||||
| 22 | Chicago; | ||||||
| 23 | (2) the Board may issue one owners license authorizing | ||||||
| 24 | the conduct of riverboat gambling in the City of Danville; | ||||||
| 25 | (3) the Board may issue one owners license authorizing | ||||||
| 26 | the conduct of riverboat gambling located in one of the | ||||||
| |||||||
| |||||||
| 1 | following municipalities in Lake County: Park City, North | ||||||
| 2 | Chicago, or Waukegan; | ||||||
| 3 | (4) the Board may issue one owners license authorizing | ||||||
| 4 | the conduct of riverboat gambling in the City of Rockford; | ||||||
| 5 | (5) the Board may issue one owners license authorizing | ||||||
| 6 | the conduct of riverboat gambling in a municipality that is | ||||||
| 7 | wholly or partially located in one of the following | ||||||
| 8 | townships of Cook County: Bloom, Bremen, Calumet, Rich, | ||||||
| 9 | Thornton, or Worth Township; and | ||||||
| 10 | (6) the Board may issue one owners license authorizing | ||||||
| 11 | the conduct of riverboat gambling in the unincorporated | ||||||
| 12 | area of Williamson County adjacent to the Big Muddy River. | ||||||
| 13 | Each application for a license pursuant to this subsection | ||||||
| 14 | (e-5) shall be submitted to the Board no later than 120 days | ||||||
| 15 | after the effective date of this amendatory Act of the 100th | ||||||
| 16 | General Assembly and shall include the non-refundable | ||||||
| 17 | application fee and the non-refundable background | ||||||
| 18 | investigation fee as provided in subsection (d) of Section 6 of | ||||||
| 19 | this Act. In the event that an applicant submits an application | ||||||
| 20 | for a license pursuant to this subsection (e-5) prior to the | ||||||
| 21 | effective date of this amendatory Act of the 100th General | ||||||
| 22 | Assembly, such applicant shall submit the non-refundable | ||||||
| 23 | application fee and background investigation fee as provided in | ||||||
| 24 | subsection (d) of Section 6 of this Act no later than 6 months | ||||||
| 25 | after the effective date of this amendatory Act of the 100th | ||||||
| 26 | General Assembly. | ||||||
| |||||||
| |||||||
| 1 | The Board shall consider issuing a license pursuant to | ||||||
| 2 | paragraphs (2) through (6) of this subsection only after the | ||||||
| 3 | corporate authority of the municipality or the county board of | ||||||
| 4 | the county in which the riverboat shall be located has | ||||||
| 5 | certified to the Board the following: | ||||||
| 6 | (i) that the applicant has negotiated with the | ||||||
| 7 | corporate authority or county board in good faith; | ||||||
| 8 | (ii) that the applicant and the corporate authority or | ||||||
| 9 | county board have mutually agreed on the permanent location | ||||||
| 10 | of the riverboat; | ||||||
| 11 | (iii) that the applicant and the corporate authority or | ||||||
| 12 | county board have mutually agreed on the temporary location | ||||||
| 13 | of the riverboat; | ||||||
| 14 | (iv) that the applicant and the corporate authority or | ||||||
| 15 | the county board have mutually agreed on the percentage of | ||||||
| 16 | revenues that will be shared with the municipality or | ||||||
| 17 | county, if any; and | ||||||
| 18 | (v) that the applicant and the corporate authority or | ||||||
| 19 | county board have mutually agreed on any zoning, licensing, | ||||||
| 20 | public health, or other issues that are within the | ||||||
| 21 | jurisdiction of the municipality or county. | ||||||
| 22 | At least 7 days before the corporate authority of a | ||||||
| 23 | municipality or county board of the county submits a | ||||||
| 24 | certification to the Board concerning items (i) through (v) of | ||||||
| 25 | this subsection, it shall hold a public hearing to discuss | ||||||
| 26 | items (i) through (v), as well as any other details concerning | ||||||
| |||||||
| |||||||
| 1 | the proposed riverboat in the municipality or county. The | ||||||
| 2 | corporate authority or county board must subsequently | ||||||
| 3 | memorialize the details concerning the proposed riverboat in a | ||||||
| 4 | resolution that must be adopted by a majority of the corporate | ||||||
| 5 | authority or county board before any certification is sent to | ||||||
| 6 | the Board. The Board shall not alter, amend, change, or | ||||||
| 7 | otherwise interfere with any agreement between the applicant | ||||||
| 8 | and the corporate authority of the municipality or county board | ||||||
| 9 | of the county regarding the location of any temporary or | ||||||
| 10 | permanent facility. | ||||||
| 11 | In addition, prior to the Board issuing the owners license | ||||||
| 12 | authorized under paragraph (4) of subsection (e-5), an impact | ||||||
| 13 | study shall be completed to determine what location in the city | ||||||
| 14 | will provide the greater impact to the region, including the | ||||||
| 15 | creation of jobs and the generation of tax revenue. | ||||||
| 16 | (e-10) The licenses authorized under subsection (e-5) of | ||||||
| 17 | this Section shall be issued within 12 months after the date | ||||||
| 18 | the license application is submitted. If the Board does not | ||||||
| 19 | issue the licenses within that time period, then the Board | ||||||
| 20 | shall give a written explanation to the applicant as to why it | ||||||
| 21 | has not reached a determination and when it reasonably expects | ||||||
| 22 | to make a determination. The fee for the issuance or renewal of | ||||||
| 23 | a license issued pursuant to this subsection (e-10) shall be | ||||||
| 24 | $100,000. Additionally, a licensee located outside of Cook | ||||||
| 25 | County shall pay a minimum initial fee of $17,500 per gaming | ||||||
| 26 | position, and a licensee located in Cook County shall pay a | ||||||
| |||||||
| |||||||
| 1 | minimum initial fee of $30,000 per gaming position. The initial | ||||||
| 2 | fees payable under this subsection (e-10) shall be deposited | ||||||
| 3 | into the Gaming Facilities Fee Revenue Fund. | ||||||
| 4 | (e-15) Each licensee of a license authorized under | ||||||
| 5 | subsection (e-5) of this Section shall make a reconciliation | ||||||
| 6 | payment 3 years after the date the licensee begins operating in | ||||||
| 7 | an amount equal to 75% of the adjusted gross receipts for the | ||||||
| 8 | most lucrative 12-month period of operations, minus an amount | ||||||
| 9 | equal to the initial payment per gaming position paid by the | ||||||
| 10 | specific licensee. If this calculation results in a negative | ||||||
| 11 | amount, then the licensee is not entitled to any
reimbursement | ||||||
| 12 | of fees previously paid. This reconciliation payment may be | ||||||
| 13 | made in installments over a period of no more than 2 years, | ||||||
| 14 | subject to Board approval. Any installment payments shall | ||||||
| 15 | include an annual market interest rate as determined by the | ||||||
| 16 | Board. All payments by licensees under this subsection (e-15) | ||||||
| 17 | shall be deposited into the Gaming Facilities Fee Revenue Fund. | ||||||
| 18 | (e-20) In addition to any other revocation powers granted | ||||||
| 19 | to the Board under this
Act,
the Board may revoke the owners | ||||||
| 20 | license of a licensee, other than the Chicago Casino | ||||||
| 21 | Development Authority, which fails
to begin conducting | ||||||
| 22 | gambling within 15 months
of receipt of the
Board's approval of | ||||||
| 23 | the application if the Board determines that license
revocation | ||||||
| 24 | is in the best interests of the State.
| ||||||
| 25 | (f) The first 10 owners licenses issued under this Act | ||||||
| 26 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
| |||||||
| |||||||
| 1 | thereon
for a period of 3 years after the effective date of the | ||||||
| 2 | license. Holders of
the first 10 owners licenses must pay the | ||||||
| 3 | annual license fee for each of
the 3
years during which they | ||||||
| 4 | are authorized to own riverboats.
| ||||||
| 5 | (g) Upon the termination, expiration, or revocation of each | ||||||
| 6 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
| 7 | period, all licenses are
renewable annually upon payment of the | ||||||
| 8 | fee and a determination by the Board
that the licensee | ||||||
| 9 | continues to meet all of the requirements of this Act and the
| ||||||
| 10 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
| 11 | 1998, including casino operator licenses, renewal shall be
for | ||||||
| 12 | a period of 4 years, unless the Board sets a shorter period. | ||||||
| 13 | Notwithstanding any provision in this subsection (g) to the | ||||||
| 14 | contrary, any license that is awarded to the Chicago Casino | ||||||
| 15 | Development Authority shall not expire, but it shall be subject | ||||||
| 16 | to the provisions of this Act and the rules of the Board.
| ||||||
| 17 | (h) An owners license, except for an owners license issued | ||||||
| 18 | under subsection (e-5) of this Section, shall entitle the | ||||||
| 19 | licensee to own up to 2
riverboats. | ||||||
| 20 | An owners licensee of a casino or riverboat that is located | ||||||
| 21 | in the City of Chicago pursuant to paragraph (1) of subsection | ||||||
| 22 | (e-5) of this Section shall limit the number of gaming | ||||||
| 23 | positions to 4,000 for such owner. An owners licensee | ||||||
| 24 | authorized under subsection (e) or paragraph (2), (3), (4), or | ||||||
| 25 | (5) of subsection (e-5) of this Section shall limit the number | ||||||
| 26 | of gaming positions to 1,600 for any such owners license, | ||||||
| |||||||
| |||||||
| 1 | except as further provided in subsection (h-10) of this | ||||||
| 2 | Section. An owners licensee authorized under paragraph (6) of | ||||||
| 3 | subsection (e-5) of this Section A licensee shall limit the | ||||||
| 4 | number of gaming positions gambling participants to
1,200 for | ||||||
| 5 | any such owner. The initial fee for each gaming position | ||||||
| 6 | obtained on or after the effective date of this amendatory Act | ||||||
| 7 | of the 100th General Assembly shall be a minimum of $17,500 for | ||||||
| 8 | licensees not located in Cook County and a minimum of $30,000 | ||||||
| 9 | for licensees located in Cook County, in addition to the | ||||||
| 10 | reconciliation payment, as set forth in subsections (e-15) or | ||||||
| 11 | (h-5) of this Section owners license.
The fees under this | ||||||
| 12 | subsection (h) shall be deposited into the Gaming Facilities | ||||||
| 13 | Fee Revenue
Fund. | ||||||
| 14 | Each owners licensee shall reserve its gaming positions | ||||||
| 15 | within 90 days after issuance of its owners license. The Board | ||||||
| 16 | may grant an extension to this 90-day period, provided that the | ||||||
| 17 | owners licensee submits a written request and explanation as to | ||||||
| 18 | why it is unable to reserve its positions within the 90-day | ||||||
| 19 | period. | ||||||
| 20 | A licensee may operate both of its riverboats concurrently, | ||||||
| 21 | provided that the
total number of gaming positions gambling | ||||||
| 22 | participants on both riverboats does not exceed the limit | ||||||
| 23 | established pursuant to this subsection and subsection (h-10) | ||||||
| 24 | of this Section
1,200. Riverboats licensed to operate on the
| ||||||
| 25 | Mississippi River and the Illinois River south of Marshall | ||||||
| 26 | County shall
have an authorized capacity of at least 500 | ||||||
| |||||||
| |||||||
| 1 | persons. Any other riverboat
licensed under this Act shall have | ||||||
| 2 | an authorized capacity of at least 400
persons.
| ||||||
| 3 | (h-5) An owners licensee who conducted gambling operations | ||||||
| 4 | prior to January 1, 2012 and purchases positions pursuant to | ||||||
| 5 | subsection (h-10) of this Section on or after the effective | ||||||
| 6 | date of this amendatory Act of the 100th General Assembly must | ||||||
| 7 | pay a minimum initial fee of $17,500 per additional gaming | ||||||
| 8 | position if the licensee is located outside Cook County and a | ||||||
| 9 | minimum initial fee of $30,000 per additional gaming position | ||||||
| 10 | if the licensee is located in Cook County, as stated in | ||||||
| 11 | subsection (h) of this Section. These initial fees shall be | ||||||
| 12 | deposited into the Gaming Facilities Fee Revenue Fund. | ||||||
| 13 | Additionally, that owners licensee shall make a reconciliation | ||||||
| 14 | payment 3 years after any additional gaming positions obtained | ||||||
| 15 | pursuant to subsection (h-10) begin operating in an amount | ||||||
| 16 | equal to 75% of the owners licensee's average gross receipts | ||||||
| 17 | for the most lucrative 12-month period of operations minus an | ||||||
| 18 | amount equal to the initial fee that the owners licensee paid | ||||||
| 19 | per additional gaming position. For purposes of this subsection | ||||||
| 20 | (h-5), "average gross receipts" means (i) the increase in | ||||||
| 21 | adjusted gross receipts for the most lucrative 12-month period | ||||||
| 22 | of operations over the adjusted gross receipts for 2017, | ||||||
| 23 | multiplied by (ii) the percentage derived by dividing the | ||||||
| 24 | number of additional gaming positions that an owners licensee | ||||||
| 25 | had obtained pursuant to subsection (h-10) by the total number | ||||||
| 26 | of gaming positions operated by the owners licensee. If this | ||||||
| |||||||
| |||||||
| 1 | calculation results in a negative amount, then the owners | ||||||
| 2 | licensee is not entitled to any reimbursement of fees | ||||||
| 3 | previously paid. This reconciliation payment may be made in | ||||||
| 4 | installments over a period of no more than 2 years, subject to | ||||||
| 5 | Board approval. Any installment payments shall include an | ||||||
| 6 | annual market interest rate as determined by the Board. These | ||||||
| 7 | reconciliation payments shall be deposited into the Gaming | ||||||
| 8 | Facilities Fee Revenue Fund. | ||||||
| 9 | (h-10) For owners licensees authorized under paragraphs | ||||||
| 10 | (2) through (5) of subsection (e-5) of this Section, the | ||||||
| 11 | application for such new owners licenses shall ask the | ||||||
| 12 | applicants to stipulate in their applications the number of | ||||||
| 13 | gaming positions each applicant would like to reserve, up to | ||||||
| 14 | 1,600 gaming positions. Once the last winning applicant for | ||||||
| 15 | each of these owners licenses has been selected by the Board, | ||||||
| 16 | the Board shall publish the number of gaming positions reserved | ||||||
| 17 | and unreserved by each winning applicant, shall accept requests | ||||||
| 18 | for additional gaming positions from any winning applicants or | ||||||
| 19 | owners licensee who initially reserved 1,600 gaming positions, | ||||||
| 20 | and shall allocate expeditiously the unreserved gaming | ||||||
| 21 | positions to such requesting winning applicants or owners | ||||||
| 22 | licensees in a manner to maximize revenue to the State; | ||||||
| 23 | provided, however, that no owners licensee (other than the | ||||||
| 24 | Chicago Casino Development Authority) shall obtain more than | ||||||
| 25 | 2,000 positions total. | ||||||
| 26 | In the event that not all of the unreserved gaming | ||||||
| |||||||
| |||||||
| 1 | positions described in the first and second paragraphs of this | ||||||
| 2 | subsection (h-10) were requested by owners licensees and | ||||||
| 3 | applicants, then until there are no longer unreserved gaming | ||||||
| 4 | positions, the Board periodically shall govern a process to | ||||||
| 5 | allocate the unreserved gaming positions in a manner to | ||||||
| 6 | maximize revenue to the State. | ||||||
| 7 | Unreserved gaming positions retained from and allocated to | ||||||
| 8 | owners licensees by the Board pursuant to this subsection | ||||||
| 9 | (h-10) shall not be allocated to electronic gaming licensees | ||||||
| 10 | pursuant to subsection (e) of Section 7.7 of this Act. | ||||||
| 11 | (i) A licensed owner is authorized to apply to the Board | ||||||
| 12 | for and, if
approved therefor, to receive all licenses from the | ||||||
| 13 | Board necessary for the
operation of a riverboat or a casino, | ||||||
| 14 | including a liquor license, a license
to prepare and serve food | ||||||
| 15 | for human consumption, and other necessary
licenses. All use, | ||||||
| 16 | occupation and excise taxes which apply to the sale of
food and | ||||||
| 17 | beverages in this State and all taxes imposed on the sale or | ||||||
| 18 | use
of tangible personal property apply to such sales aboard | ||||||
| 19 | the riverboat or in the casino.
| ||||||
| 20 | (j) The Board may issue or re-issue a license authorizing a | ||||||
| 21 | riverboat to
dock
in a municipality or approve a relocation | ||||||
| 22 | under Section 11.2 only if, prior
to the issuance or | ||||||
| 23 | re-issuance of
the license or approval, the governing body of | ||||||
| 24 | the municipality in which
the riverboat will dock has by a | ||||||
| 25 | majority vote approved the docking of
riverboats in the | ||||||
| 26 | municipality. The Board may issue or re-issue a license
| ||||||
| |||||||
| |||||||
| 1 | authorizing a
riverboat to dock in areas of a county outside | ||||||
| 2 | any municipality or approve a
relocation under Section 11.2 | ||||||
| 3 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
| 4 | approval, the
governing body of the county has by a majority | ||||||
| 5 | vote approved of the docking of
riverboats within such areas.
| ||||||
| 6 | (k) An owners licensee may conduct land-based gambling | ||||||
| 7 | operations upon approval by the Board. | ||||||
| 8 | (l) An owners licensee may conduct gaming at a temporary | ||||||
| 9 | facility pending the construction of a permanent facility or | ||||||
| 10 | the remodeling or relocation of an existing facility to | ||||||
| 11 | accommodate gaming participants for up to 24 months after the | ||||||
| 12 | temporary facility begins to conduct gaming. Upon request by an | ||||||
| 13 | owners licensee and upon a showing of good cause by the owners | ||||||
| 14 | licensee, the Board shall extend the period during which the | ||||||
| 15 | licensee may conduct gaming at a temporary facility by up to 12 | ||||||
| 16 | months. The Board shall make rules concerning the conduct of | ||||||
| 17 | gaming from temporary facilities. | ||||||
| 18 | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| ||||||
| 19 | (230 ILCS 10/7.3)
| ||||||
| 20 | Sec. 7.3. State conduct of gambling operations.
| ||||||
| 21 | (a) If, after reviewing each application for a re-issued | ||||||
| 22 | license, the
Board determines that the highest prospective | ||||||
| 23 | total revenue to the State would
be derived from State conduct | ||||||
| 24 | of the gambling operation in lieu of re-issuing
the license, | ||||||
| 25 | the Board shall inform each applicant of its decision. The | ||||||
| |||||||
| |||||||
| 1 | Board
shall thereafter have the authority, without obtaining an | ||||||
| 2 | owners license, to
conduct casino or riverboat gambling | ||||||
| 3 | operations as
previously authorized by the terminated, | ||||||
| 4 | expired, revoked, or nonrenewed
license through a licensed | ||||||
| 5 | manager selected pursuant to an open and competitive
bidding
| ||||||
| 6 | process as set forth in Section 7.5 and as provided in Section | ||||||
| 7 | 7.4.
| ||||||
| 8 | (b) The Board may locate any casino or riverboat on which a | ||||||
| 9 | gambling operation is
conducted by the State in any home dock | ||||||
| 10 | or other location authorized by Section 3(c)
upon receipt of | ||||||
| 11 | approval from a majority vote of the governing body of the
| ||||||
| 12 | municipality or county, as the case may be, in which the | ||||||
| 13 | riverboat will dock.
| ||||||
| 14 | (c) The Board shall have jurisdiction over and shall | ||||||
| 15 | supervise all
gambling operations conducted by the State | ||||||
| 16 | provided for in this Act and the Chicago Casino Development | ||||||
| 17 | Authority Act and shall
have all powers necessary and proper to | ||||||
| 18 | fully and effectively execute the
provisions of this Act and | ||||||
| 19 | the Chicago Casino Development Authority Act relating to | ||||||
| 20 | gambling operations conducted by the State.
| ||||||
| 21 | (d) The maximum number of owners licenses authorized under | ||||||
| 22 | Section 7
7(e)
shall be reduced by one for each instance in | ||||||
| 23 | which the Board authorizes the
State to conduct a casino or | ||||||
| 24 | riverboat gambling operation under subsection (a) in lieu of
| ||||||
| 25 | re-issuing a license to an applicant under Section 7.1.
| ||||||
| 26 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 10/7.5)
| ||||||
| 2 | Sec. 7.5. Competitive Bidding. When the Board determines | ||||||
| 3 | that (i) it will re-issue an owners license pursuant to
an
open | ||||||
| 4 | and competitive bidding process, as set forth in Section 7.1, | ||||||
| 5 | (ii) or that it
will issue a managers license pursuant to an | ||||||
| 6 | open and competitive bidding
process, as set forth in Section | ||||||
| 7 | 7.4, or (iii) it will issue an owners license pursuant to an | ||||||
| 8 | open
and competitive bidding process, as set forth in Section | ||||||
| 9 | 7.12, the open and competitive bidding process
shall adhere to | ||||||
| 10 | the following procedures:
| ||||||
| 11 | (1) The Board shall make applications for owners and | ||||||
| 12 | managers
licenses available to the public and allow a | ||||||
| 13 | reasonable time for applicants to
submit applications to the | ||||||
| 14 | Board.
| ||||||
| 15 | (2) During the filing period for owners or managers license | ||||||
| 16 | applications,
the
Board may retain the services of an | ||||||
| 17 | investment banking firm to assist the Board
in conducting the | ||||||
| 18 | open and competitive bidding process.
| ||||||
| 19 | (3) After receiving all of the bid proposals, the Board | ||||||
| 20 | shall open all of
the
proposals in a public forum and disclose | ||||||
| 21 | the prospective owners or managers
names, venture partners, if | ||||||
| 22 | any, and, in the case of applicants for owners
licenses, the | ||||||
| 23 | locations of the proposed development sites.
| ||||||
| 24 | (4) The Board shall summarize the terms of the proposals | ||||||
| 25 | and may make this
summary available to the public.
| ||||||
| |||||||
| |||||||
| 1 | (5) The Board shall evaluate the proposals within a | ||||||
| 2 | reasonable time and
select no
more than 3 final applicants to | ||||||
| 3 | make presentations of their
proposals to the Board.
| ||||||
| 4 | (6) The final applicants shall make their presentations to | ||||||
| 5 | the
Board on
the same day during an open session of the Board.
| ||||||
| 6 | (7) As soon as practicable after the public presentations | ||||||
| 7 | by the final
applicants,
the Board, in its
discretion, may | ||||||
| 8 | conduct further negotiations among the 3 final applicants.
| ||||||
| 9 | During such negotiations, each final applicant may increase its | ||||||
| 10 | license bid or
otherwise enhance its bid proposal. At the | ||||||
| 11 | conclusion of such
negotiations, the Board shall
select the | ||||||
| 12 | winning proposal. In the case of negotiations for
an owners | ||||||
| 13 | license, the Board may, at the conclusion of such negotiations,
| ||||||
| 14 | make the determination allowed under Section 7.3(a).
| ||||||
| 15 | (8) Upon selection of a winning bid, the Board shall | ||||||
| 16 | evaluate the winning
bid
within a reasonable period of time for | ||||||
| 17 | licensee suitability in accordance with
all applicable | ||||||
| 18 | statutory and regulatory criteria.
| ||||||
| 19 | (9) If the winning bidder is unable or otherwise fails to
| ||||||
| 20 | consummate the transaction, (including if the Board determines | ||||||
| 21 | that the winning
bidder does not satisfy the suitability | ||||||
| 22 | requirements), the Board may, on the
same criteria, select from | ||||||
| 23 | the remaining bidders or make the determination
allowed under | ||||||
| 24 | Section 7.3(a).
| ||||||
| 25 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 10/7.7 new) | ||||||
| 2 | Sec. 7.7. Electronic gaming. | ||||||
| 3 | (a) The General Assembly finds that the horse racing and | ||||||
| 4 | riverboat gambling industries share many similarities and | ||||||
| 5 | collectively comprise the bulk of the State's gaming industry. | ||||||
| 6 | One feature common to both industries is that each is highly | ||||||
| 7 | regulated by the State of Illinois. The General Assembly | ||||||
| 8 | further finds, however, that despite their shared features each | ||||||
| 9 | industry is distinct from the other in that horse racing is and | ||||||
| 10 | continues to be intimately tied to Illinois' agricultural | ||||||
| 11 | economy and is, at its core, a spectator sport. This | ||||||
| 12 | distinction requires the General Assembly to utilize different | ||||||
| 13 | methods to regulate and promote the horse racing industry | ||||||
| 14 | throughout the State. The General Assembly finds that in order | ||||||
| 15 | to promote live horse racing as a spectator sport in Illinois | ||||||
| 16 | and the agricultural economy of this State, it is necessary to | ||||||
| 17 | allow electronic gaming at Illinois race tracks as an ancillary | ||||||
| 18 | use given the success of other states in increasing live racing | ||||||
| 19 | purse accounts and improving the quality of horses | ||||||
| 20 | participating in horse race meetings. | ||||||
| 21 | (b) The Illinois Gaming Board shall award one electronic | ||||||
| 22 | gaming license to each person or entity having operating | ||||||
| 23 | control of a race track that applies under Section 56 of the | ||||||
| 24 | Illinois Horse Racing Act of 1975, subject to the application | ||||||
| 25 | and eligibility requirements of this Section. Within 60 days | ||||||
| 26 | after the effective date of this amendatory Act of the 100th | ||||||
| |||||||
| |||||||
| 1 | General Assembly, a person or entity having operating control | ||||||
| 2 | of a race track may submit an application for an electronic | ||||||
| 3 | gaming license. The application shall be made on such forms as | ||||||
| 4 | provided by the Board and shall contain such information as the | ||||||
| 5 | Board prescribes, including, but not limited to, the identity | ||||||
| 6 | of any race track at which electronic gaming will be conducted, | ||||||
| 7 | detailed information regarding the ownership and management of | ||||||
| 8 | the applicant, and detailed personal information regarding the | ||||||
| 9 | applicant. The application shall specify the number of gaming | ||||||
| 10 | positions the applicant intends to use and the place where the | ||||||
| 11 | electronic gaming facility will operate. A person who knowingly | ||||||
| 12 | makes a false statement on an application is guilty of a Class | ||||||
| 13 | A misdemeanor. | ||||||
| 14 | Each applicant shall disclose the identity of every person | ||||||
| 15 | or entity having a direct or indirect pecuniary interest | ||||||
| 16 | greater than 1% in any race track with respect to which the | ||||||
| 17 | license is sought. If the disclosed entity is a corporation, | ||||||
| 18 | the applicant shall disclose the names and addresses of all | ||||||
| 19 | stockholders and directors. If the disclosed entity is a | ||||||
| 20 | limited liability company, the applicant shall disclose the | ||||||
| 21 | names and addresses of all members and managers. If the | ||||||
| 22 | disclosed entity is a partnership, the applicant shall disclose | ||||||
| 23 | the names and addresses of all partners, both general and | ||||||
| 24 | limited. If the disclosed entity is a trust, the applicant | ||||||
| 25 | shall disclose the names and addresses of all beneficiaries. | ||||||
| 26 | An application shall be filed and considered in accordance | ||||||
| |||||||
| |||||||
| 1 | with the rules of the Board. Each application for an electronic | ||||||
| 2 | gaming license shall include a non-refundable application fee | ||||||
| 3 | of $100,000. In addition, a non-refundable fee of $50,000 shall | ||||||
| 4 | be paid at the time of filing to defray the costs associated | ||||||
| 5 | with background investigations conducted by the Board. If the | ||||||
| 6 | costs of the background investigation exceed $50,000, the | ||||||
| 7 | applicant shall pay the additional amount to the Board within 7 | ||||||
| 8 | days after a request by the Board. If the costs of the | ||||||
| 9 | investigation are less than $50,000, the applicant shall | ||||||
| 10 | receive a refund of the remaining amount. All information, | ||||||
| 11 | records, interviews, reports, statements, memoranda, or other | ||||||
| 12 | data supplied to or used by the Board in the course of this | ||||||
| 13 | review or investigation of an applicant for an electronic | ||||||
| 14 | gaming license under this Act shall be privileged and strictly | ||||||
| 15 | confidential and shall be used only for the purpose of | ||||||
| 16 | evaluating an applicant for an electronic gaming license or a | ||||||
| 17 | renewal. Such information, records, interviews, reports, | ||||||
| 18 | statements, memoranda, or other data shall not be admissible as | ||||||
| 19 | evidence nor discoverable in any action of any kind in any | ||||||
| 20 | court or before any tribunal, board, agency or person, except | ||||||
| 21 | for any action deemed necessary by the Board. The application | ||||||
| 22 | fee shall be deposited into the Gaming Facilities Fee Revenue | ||||||
| 23 | Fund. | ||||||
| 24 | Each applicant shall submit with his or her application, on | ||||||
| 25 | forms provided by the Board, 2 sets of his or her fingerprints. | ||||||
| 26 | The Board shall charge each applicant a fee set by the | ||||||
| |||||||
| |||||||
| 1 | Department of State Police to defray the costs associated with | ||||||
| 2 | the search and classification of fingerprints obtained by the | ||||||
| 3 | Board with respect to the applicant's application. This fee | ||||||
| 4 | shall be paid into the State Police Services Fund. | ||||||
| 5 | (c) The Board shall determine within 120 days after | ||||||
| 6 | receiving an application for an electronic gaming license | ||||||
| 7 | whether to grant an electronic gaming license to the applicant. | ||||||
| 8 | If the Board does not make a determination within that time | ||||||
| 9 | period, then the Board shall give a written explanation to the | ||||||
| 10 | applicant as to why it has not reached a determination and when | ||||||
| 11 | it reasonably expects to make a determination. | ||||||
| 12 | The electronic gaming licensee shall purchase up to the | ||||||
| 13 | amount of electronic gaming positions authorized under this Act | ||||||
| 14 | within 120 days after receiving its electronic gaming license. | ||||||
| 15 | If an electronic gaming licensee is prepared to purchase the | ||||||
| 16 | electronic gaming positions, but is temporarily prohibited | ||||||
| 17 | from doing so by order of a court of competent jurisdiction or | ||||||
| 18 | the Board, then the 120-day period is tolled until a resolution | ||||||
| 19 | is reached. | ||||||
| 20 | An electronic gaming license shall authorize its holder to | ||||||
| 21 | conduct gaming under this Act at its racetracks on the same | ||||||
| 22 | days of the year and hours of the day that owner licenses are | ||||||
| 23 | allowed to operate under approval of the Board. | ||||||
| 24 | A license to conduct electronic gaming and any renewal of | ||||||
| 25 | an electronic gaming license shall authorize electronic gaming | ||||||
| 26 | for a period of 4 years. The fee for the issuance or renewal of | ||||||
| |||||||
| |||||||
| 1 | an electronic gaming license shall be $100,000. | ||||||
| 2 | (d) To be eligible to conduct electronic gaming, a person | ||||||
| 3 | or entity having operating control of a race track must (i) | ||||||
| 4 | obtain an electronic gaming license, (ii) hold an organization | ||||||
| 5 | license under the Illinois Horse Racing Act of 1975, (iii) hold | ||||||
| 6 | an inter-track wagering license, (iv) pay an initial fee of | ||||||
| 7 | $30,000 per gaming position from electronic gaming licensees | ||||||
| 8 | where electronic gaming is conducted in Cook County and $17,500 | ||||||
| 9 | for electronic gaming licensees where electronic gaming is | ||||||
| 10 | located outside of Cook County before beginning to conduct | ||||||
| 11 | electronic gaming plus make the reconciliation payment | ||||||
| 12 | required under subsection (k), (v) conduct live racing in | ||||||
| 13 | accordance with subsections (e-1), (e-2), and (e-3) of Section | ||||||
| 14 | 20 of the Illinois Horse Racing Act of 1975 or for a licensee | ||||||
| 15 | that is only authorized 350 gaming positions pursuant to | ||||||
| 16 | subsection (d) of Section 7.7 of this Act, have a fully | ||||||
| 17 | operational facility running at least 96 live races over a | ||||||
| 18 | period of at least 15 days per year until such time as the | ||||||
| 19 | total number of gaming positions is increased to 900, (vi) meet | ||||||
| 20 | the requirements of subsection (a) of Section 56 of the | ||||||
| 21 | Illinois Horse Racing Act of 1975, (vii) for organization | ||||||
| 22 | licensees conducting standardbred race meetings, keep | ||||||
| 23 | backstretch barns and dormitories open and operational | ||||||
| 24 | year-round unless a lesser schedule is mutually agreed to by | ||||||
| 25 | the organization licensee and the horsemen's association | ||||||
| 26 | racing at that organization licensee's race meeting, (viii) for | ||||||
| |||||||
| |||||||
| 1 | organization licensees conducting thoroughbred race meetings, | ||||||
| 2 | the organization licensee must maintain accident medical | ||||||
| 3 | expense liability insurance coverage of $1,000,000 for | ||||||
| 4 | jockeys, and (ix) meet all other requirements of this Act that | ||||||
| 5 | apply to owners licensees. | ||||||
| 6 | An electronic gaming licensee may enter into a joint | ||||||
| 7 | venture with a licensed owner to own, manage, conduct, or | ||||||
| 8 | otherwise operate the electronic gaming licensee's electronic | ||||||
| 9 | gaming facilities, unless the electronic gaming licensee has a | ||||||
| 10 | parent company or other affiliated company that is, directly or | ||||||
| 11 | indirectly, wholly owned by a parent company that is also | ||||||
| 12 | licensed to conduct electronic gaming, casino gaming, or their | ||||||
| 13 | equivalent in another state. | ||||||
| 14 | All payments by licensees under this subsection (c) shall | ||||||
| 15 | be deposited into the Gaming Facilities Fee Revenue Fund. | ||||||
| 16 | (e) A person or entity is ineligible to receive an | ||||||
| 17 | electronic gaming license if: | ||||||
| 18 | (1) the person or entity has been convicted of a felony | ||||||
| 19 | under the laws of this State, any other state, or the | ||||||
| 20 | United States, including a conviction under the Racketeer | ||||||
| 21 | Influenced and Corrupt Organizations Act; | ||||||
| 22 | (2) the person or entity has been convicted of any | ||||||
| 23 | violation of Article 28 of the Criminal Code of 2012, or | ||||||
| 24 | substantially similar laws of any other jurisdiction; | ||||||
| 25 | (3) the person or entity has submitted an application | ||||||
| 26 | for a license under this Act that contains false | ||||||
| |||||||
| |||||||
| 1 | information; | ||||||
| 2 | (4) the person is a member of the Board; | ||||||
| 3 | (5) a person defined in (1), (2), (3), or (4) of this | ||||||
| 4 | subsection (e) is an officer, director, or managerial | ||||||
| 5 | employee of the entity; | ||||||
| 6 | (6) the person or entity employs a person defined in | ||||||
| 7 | (1), (2), (3), or (4) of this subsection (e) who | ||||||
| 8 | participates in the management or operation of gambling | ||||||
| 9 | operations authorized under this Act; or | ||||||
| 10 | (7) a license of the person or entity issued under this | ||||||
| 11 | Act or a license to own or operate gambling facilities in | ||||||
| 12 | any other jurisdiction has been revoked. | ||||||
| 13 | (f) The Board may approve electronic gaming positions | ||||||
| 14 | statewide as provided in this Section. The authority to operate | ||||||
| 15 | electronic gaming positions under this Section shall be | ||||||
| 16 | allocated as follows: up to 1,200 gaming positions for any | ||||||
| 17 | electronic gaming licensee in Cook County; up to 900 gaming | ||||||
| 18 | positions for any electronic gaming licensee outside of Cook | ||||||
| 19 | County; and up to 350 gaming positions for any electronic | ||||||
| 20 | gaming licensee whose electronic gaming license originates | ||||||
| 21 | with an organization licensee that did not conduct live racing | ||||||
| 22 | in calendar year 2010, which shall increase to 900 gaming | ||||||
| 23 | positions in the calendar year following the year in which the | ||||||
| 24 | electronic gaming licensee conducts 96 live races. | ||||||
| 25 | (g) Each applicant for an electronic gaming license shall | ||||||
| 26 | specify in its application for licensure the number of gaming | ||||||
| |||||||
| |||||||
| 1 | positions it will operate, up to the applicable limitation set | ||||||
| 2 | forth in subsection (f) of this Section. Any unreserved gaming | ||||||
| 3 | positions that are not specified shall be forfeited and | ||||||
| 4 | retained by the Board. For the purposes of this subsection (g), | ||||||
| 5 | an electronic gaming licensee that did not conduct live racing | ||||||
| 6 | in 2010 may reserve up to 900 positions and shall not be | ||||||
| 7 | penalized under this Section for not operating those positions | ||||||
| 8 | until it meets the requirements of subsection (f) of this | ||||||
| 9 | Section, but such licensee shall not request unreserved gaming | ||||||
| 10 | positions under this subsection (g) until its 900 positions are | ||||||
| 11 | all operational. | ||||||
| 12 | Thereafter, the Board shall publish the number of | ||||||
| 13 | unreserved electronic gaming positions and shall accept | ||||||
| 14 | requests for additional positions from any electronic gaming | ||||||
| 15 | licensee that initially reserved all of the positions that were | ||||||
| 16 | offered. The Board shall allocate expeditiously the unreserved | ||||||
| 17 | electronic gaming positions to requesting electronic gaming | ||||||
| 18 | licensees in a manner that maximizes revenue to the State. The | ||||||
| 19 | Board may allocate any such unused electronic gaming positions | ||||||
| 20 | pursuant to an open and competitive bidding process, as | ||||||
| 21 | provided under Section 7.5 of this Act. This process shall | ||||||
| 22 | continue until all unreserved gaming positions have been | ||||||
| 23 | purchased. All positions obtained pursuant to this process and | ||||||
| 24 | all positions the electronic gaming licensee specified it would | ||||||
| 25 | operate in its application must be in operation within 18 | ||||||
| 26 | months after they were obtained or the electronic gaming | ||||||
| |||||||
| |||||||
| 1 | licensee forfeits the right to operate those positions, but is | ||||||
| 2 | not entitled to a refund of any fees paid. The Board may, after | ||||||
| 3 | holding a public hearing, grant extensions so long as the | ||||||
| 4 | electronic gaming licensee is working in good faith to make the | ||||||
| 5 | positions operational. The extension may be for a period of 6 | ||||||
| 6 | months. If, after the period of the extension, the electronic | ||||||
| 7 | gaming licensee has not made the positions operational, then | ||||||
| 8 | another public hearing must be held by the Board before it may | ||||||
| 9 | grant another extension. | ||||||
| 10 | Unreserved gaming positions retained from and allocated to | ||||||
| 11 | electronic gaming licensees by the Board pursuant to this | ||||||
| 12 | subsection (g) shall not be allocated to owners licensees | ||||||
| 13 | pursuant to subsection (h-10) of Section 7 of this Act. | ||||||
| 14 | For the purpose of this subsection (g), the unreserved | ||||||
| 15 | gaming positions for each electronic gaming licensee shall be | ||||||
| 16 | the applicable limitation set forth in subsection (f) of this | ||||||
| 17 | Section, less the number of reserved gaming positions by such | ||||||
| 18 | electronic gaming licensee, and the total unreserved gaming | ||||||
| 19 | positions shall be the aggregate of the unreserved gaming | ||||||
| 20 | positions for all electronic gaming licensees. | ||||||
| 21 | (h) Subject to the approval of the Illinois Gaming Board, | ||||||
| 22 | an electronic gaming licensee may make modification or | ||||||
| 23 | additions to any existing buildings and structures to comply | ||||||
| 24 | with the requirements of this Act. The Illinois Gaming Board | ||||||
| 25 | shall make its decision after consulting with the Illinois | ||||||
| 26 | Racing Board. In no case, however, shall the Illinois Gaming | ||||||
| |||||||
| |||||||
| 1 | Board approve any modification or addition that alters the | ||||||
| 2 | grounds of the organizational licensee such that the act of | ||||||
| 3 | live racing is an ancillary activity to electronic gaming.
| ||||||
| 4 | Electronic gaming may take place in existing structures where | ||||||
| 5 | inter-track wagering is conducted at the race track or a | ||||||
| 6 | facility within 300 yards of the race track in accordance with | ||||||
| 7 | the provisions of this Act and the Illinois Horse Racing Act of | ||||||
| 8 | 1975. | ||||||
| 9 | (i) An electronic gaming licensee may conduct electronic | ||||||
| 10 | gaming at a temporary facility pending the construction of a | ||||||
| 11 | permanent facility or the remodeling or relocation of an | ||||||
| 12 | existing facility to accommodate electronic gaming | ||||||
| 13 | participants for up to 24 months after the temporary facility | ||||||
| 14 | begins to conduct electronic gaming. Upon request by an | ||||||
| 15 | electronic gaming licensee and upon a showing of good cause by | ||||||
| 16 | the electronic gaming licensee, the Board shall extend the | ||||||
| 17 | period during which the licensee may conduct electronic gaming | ||||||
| 18 | at a temporary facility by up to 12 months. The Board shall | ||||||
| 19 | make rules concerning the conduct of electronic gaming from | ||||||
| 20 | temporary facilities. | ||||||
| 21 | Electronic gaming may take place in existing structures | ||||||
| 22 | where inter-track wagering is conducted at the race track or a | ||||||
| 23 | facility within 300 yards of the race track in accordance with | ||||||
| 24 | the provisions of this Act and the Illinois Horse Racing Act of | ||||||
| 25 | 1975. | ||||||
| 26 | (i-5) Under no circumstances shall an electronic gaming | ||||||
| |||||||
| |||||||
| 1 | licensee conduct electronic gaming at any State or county fair. | ||||||
| 2 | (j) The Illinois Gaming Board must adopt emergency rules in | ||||||
| 3 | accordance with Section 5-45 of the Illinois Administrative | ||||||
| 4 | Procedure Act as necessary to ensure compliance with the | ||||||
| 5 | provisions of this amendatory Act of the 100th General Assembly
| ||||||
| 6 | concerning electronic gaming. The adoption of emergency rules | ||||||
| 7 | authorized by this subsection (j) shall be deemed to be | ||||||
| 8 | necessary for the public interest, safety, and welfare. | ||||||
| 9 | (k) Each electronic gaming licensee who obtains electronic | ||||||
| 10 | gaming positions must make a reconciliation payment 3 years | ||||||
| 11 | after the date the electronic gaming licensee begins operating | ||||||
| 12 | the positions in an amount equal to 75% of the difference | ||||||
| 13 | between its adjusted gross receipts from electronic gaming and | ||||||
| 14 | amounts paid to its purse accounts pursuant to item (1) of | ||||||
| 15 | subsection (b) of Section 56 of the Illinois Horse Racing Act | ||||||
| 16 | of 1975 for the 12-month period for which such difference was | ||||||
| 17 | the largest, minus an amount equal to the initial per position | ||||||
| 18 | fee paid by the electronic gaming licensee. If this calculation | ||||||
| 19 | results in a negative amount, then the electronic gaming | ||||||
| 20 | licensee is not entitled to any reimbursement of fees | ||||||
| 21 | previously paid. This reconciliation payment may be made in | ||||||
| 22 | installments over a period of no more than 2 years, subject to | ||||||
| 23 | Board approval. Any installment payments shall include an | ||||||
| 24 | annual market interest rate as determined by the Board. | ||||||
| 25 | All payments by licensees under this subsection (i) shall | ||||||
| 26 | be deposited into the Gaming Facilities Fee Revenue Fund. | ||||||
| |||||||
| |||||||
| 1 | (l) As soon as practical after a request is made by the | ||||||
| 2 | Illinois Gaming Board, to minimize duplicate submissions by the | ||||||
| 3 | applicant, the Illinois Racing Board must provide information | ||||||
| 4 | on an applicant for an electronic gaming license to the | ||||||
| 5 | Illinois Gaming Board.
| ||||||
| 6 | (230 ILCS 10/7.8 new)
| ||||||
| 7 | Sec. 7.8. Home rule. The regulation and licensing of | ||||||
| 8 | electronic gaming and electronic gaming licensees are | ||||||
| 9 | exclusive powers and functions of the State. A home rule unit | ||||||
| 10 | may not regulate or license electronic gaming or electronic | ||||||
| 11 | gaming licensees. This Section is a denial and limitation of | ||||||
| 12 | home rule powers and functions under subsection (h) of Section
| ||||||
| 13 | 6 of Article VII of the Illinois Constitution.
| ||||||
| 14 | (230 ILCS 10/7.9 new) | ||||||
| 15 | Sec. 7.9. Casino operator license. | ||||||
| 16 | (a) A qualified person may apply to the Board for a casino | ||||||
| 17 | operator license to
operate
and manage any gambling operation | ||||||
| 18 | conducted by the Authority. The application shall
be
made on | ||||||
| 19 | forms provided by the Board and shall contain such information | ||||||
| 20 | as the
Board
prescribes, including but not limited to | ||||||
| 21 | information required in Sections 6(a),
(b), and
(c) and | ||||||
| 22 | information relating to the applicant's proposed price to | ||||||
| 23 | manage the Authority's gambling
operations and to provide the | ||||||
| 24 | casino, gambling equipment, and supplies
necessary to
conduct | ||||||
| |||||||
| |||||||
| 1 | Authority gambling operations. The application shall also | ||||||
| 2 | include a non-refundable application fee of $100,000. This | ||||||
| 3 | application fee shall be deposited into the Gaming Facilities | ||||||
| 4 | Fee Revenue Fund. | ||||||
| 5 | (b) A person or entity is ineligible to receive a casino | ||||||
| 6 | operator license if:
| ||||||
| 7 | (1) the person has been convicted of a felony under the | ||||||
| 8 | laws of this
State, any other state, or the United States;
| ||||||
| 9 | (2) the person has been convicted of any violation of | ||||||
| 10 | Article 28 of
the Criminal Code of 2012, or substantially | ||||||
| 11 | similar laws of any other
jurisdiction;
| ||||||
| 12 | (3) the person has submitted an application for a | ||||||
| 13 | license under this
Act or the Chicago Casino Development | ||||||
| 14 | Authority Act which contains false information;
| ||||||
| 15 | (4) the person is a member of the Board or the Chicago | ||||||
| 16 | Casino Development Board or the person is an official or | ||||||
| 17 | employee of the Chicago Casino Development Authority or the | ||||||
| 18 | City of Chicago;
| ||||||
| 19 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
| 20 | officer, director, or
managerial employee of the entity;
| ||||||
| 21 | (6) the entity employs a person defined in (1), (2), | ||||||
| 22 | (3),
or (4) who participates in the management or operation | ||||||
| 23 | of gambling
operations authorized under this Act; or
| ||||||
| 24 | (7) a license of the person or entity issued under this | ||||||
| 25 | Act,
or
a license to own or operate gambling facilities in | ||||||
| 26 | any other jurisdiction, has
been revoked.
| ||||||
| |||||||
| |||||||
| 1 | (c) In determining whether to grant a casino operator | ||||||
| 2 | license, the
Board shall consider:
| ||||||
| 3 | (1) the character, reputation, experience and | ||||||
| 4 | financial integrity of the
applicants and of any other or | ||||||
| 5 | separate person that either:
| ||||||
| 6 | (A) controls, directly or indirectly, such | ||||||
| 7 | applicant, or
| ||||||
| 8 | (B) is controlled, directly or indirectly, by such | ||||||
| 9 | applicant or by a
person which controls, directly or | ||||||
| 10 | indirectly, such applicant;
| ||||||
| 11 | (2) the facilities or proposed facilities for the | ||||||
| 12 | conduct of
gambling;
| ||||||
| 13 | (3) the preference of the municipality in which the | ||||||
| 14 | licensee will operate;
| ||||||
| 15 | (4) the extent to which the ownership of the applicant | ||||||
| 16 | reflects the
diversity of the State by including minority | ||||||
| 17 | persons and females
and the good faith affirmative action | ||||||
| 18 | plan of
each applicant to recruit, train, and upgrade | ||||||
| 19 | minority persons and females in all employment | ||||||
| 20 | classifications;
| ||||||
| 21 | (5) the financial ability of the applicant to purchase | ||||||
| 22 | and maintain
adequate liability and casualty insurance;
| ||||||
| 23 | (6) whether the applicant has adequate capitalization | ||||||
| 24 | to provide and
maintain, for the duration of a license, a | ||||||
| 25 | casino; and
| ||||||
| 26 | (7) the extent to which the applicant exceeds or meets | ||||||
| |||||||
| |||||||
| 1 | other standards
for the issuance of a casino operator | ||||||
| 2 | license that the Board may adopt by rule.
| ||||||
| 3 | (d) Each applicant shall submit with his or her | ||||||
| 4 | application, on forms
prescribed by
the Board, 2 sets of his or | ||||||
| 5 | her fingerprints. The Board shall charge each applicant a fee | ||||||
| 6 | set by the Department of State Police to defray the costs | ||||||
| 7 | associated with the search and classification of fingerprints | ||||||
| 8 | obtained by the Board with respect to the applicant's | ||||||
| 9 | application. This fee shall be paid into the State Police | ||||||
| 10 | Services Fund.
| ||||||
| 11 | (e) A person who knowingly makes a false statement on an | ||||||
| 12 | application is
guilty of a Class A misdemeanor.
| ||||||
| 13 | (f) The Board shall charge each applicant a non-refundable | ||||||
| 14 | fee of $50,000 to defray the costs associated with the | ||||||
| 15 | background investigation conducted by the Board. This fee shall | ||||||
| 16 | be exclusive of any other fee or fees charged in connection | ||||||
| 17 | with an application for and, if applicable, the issuance of, a | ||||||
| 18 | casino operator license. If the costs of the investigation | ||||||
| 19 | exceed $50,000, the Board shall immediately notify the | ||||||
| 20 | applicant of the additional amount owed, payment of which must | ||||||
| 21 | be submitted to the Board within 7 days after such | ||||||
| 22 | notification. All information, records, interviews, reports, | ||||||
| 23 | statements, memoranda, or other data supplied to or used by the | ||||||
| 24 | Board in the course of its review or investigation of an | ||||||
| 25 | application for a license or a renewal under this Act shall be | ||||||
| 26 | privileged and strictly confidential and shall be used only for | ||||||
| |||||||
| |||||||
| 1 | the purpose of evaluating an applicant for a license or a | ||||||
| 2 | renewal. Such information, records, interviews, reports, | ||||||
| 3 | statements, memoranda, or other data shall not be admissible as | ||||||
| 4 | evidence, nor discoverable in any action of any kind in any | ||||||
| 5 | court or before any tribunal, board, agency, or person, except | ||||||
| 6 | for any action deemed necessary by the Board. | ||||||
| 7 | (g) The casino operator license shall be issued only upon | ||||||
| 8 | proof that the applicant has entered into a labor peace | ||||||
| 9 | agreement with each labor organization that is actively engaged | ||||||
| 10 | in representing and attempting to represent casino and | ||||||
| 11 | hospitality industry workers in this State. The labor peace | ||||||
| 12 | agreement must be a valid and enforceable agreement under 29 | ||||||
| 13 | U.S.C. 185 that protects the city's and State's revenues from | ||||||
| 14 | the operation of the casino facility by prohibiting the labor | ||||||
| 15 | organization and its members from engaging in any picketing, | ||||||
| 16 | work stoppages, boycotts, or any other economic interference | ||||||
| 17 | with the casino facility for at least the first 5 years of the | ||||||
| 18 | casino license and must cover all operations at the casino | ||||||
| 19 | facility that are conducted by lessees or tenants or under | ||||||
| 20 | management agreements. | ||||||
| 21 | (h) The casino operator license shall be for a term of 4 | ||||||
| 22 | years, shall
be
renewable by the Board, and shall contain such | ||||||
| 23 | terms and
provisions as the Board deems necessary to protect or | ||||||
| 24 | enhance the
credibility and integrity of State gambling | ||||||
| 25 | operations, achieve the highest
prospective total revenue to | ||||||
| 26 | the State, and otherwise serve the interests of
the citizens of | ||||||
| |||||||
| |||||||
| 1 | Illinois. The Board may suspend, restrict, or revoke the | ||||||
| 2 | license: | ||||||
| 3 | (1) for violation of any provision of this Act; | ||||||
| 4 | (2) for violation of any rules of the Board; | ||||||
| 5 | (3) for any cause which, if known to the Board, would | ||||||
| 6 | have disqualified the applicant from receiving the | ||||||
| 7 | license; or | ||||||
| 8 | (4) for any other just cause.
| ||||||
| 9 | (230 ILCS 10/7.10 new) | ||||||
| 10 | Sec. 7.10. Diversity program. | ||||||
| 11 | (a) Each owners licensee, electronic gaming licensee, | ||||||
| 12 | casino operator licensee, and suppliers licensee shall | ||||||
| 13 | establish and maintain a diversity program to ensure | ||||||
| 14 | non-discrimination in the award and administration of | ||||||
| 15 | contracts. The programs shall establish goals of awarding not | ||||||
| 16 | less than 20% of the annual dollar value of all contracts, | ||||||
| 17 | purchase orders, or other agreements to minority-owned | ||||||
| 18 | businesses and 5% of the annual dollar value of all contracts | ||||||
| 19 | to female-owned businesses. | ||||||
| 20 | (b) Each owners licensee, electronic gaming licensee, | ||||||
| 21 | casino operator licensee, and suppliers licensee shall | ||||||
| 22 | establish and maintain a diversity program designed to promote | ||||||
| 23 | equal opportunity for employment. The program shall establish | ||||||
| 24 | hiring goals as the Board and each licensee determines | ||||||
| 25 | appropriate. The Board shall monitor the progress of the gaming | ||||||
| |||||||
| |||||||
| 1 | licensee's progress with respect to the program's goals. | ||||||
| 2 | (c) No later than May 31 of each year, each licensee shall | ||||||
| 3 | report to the Board (1) the number of respective employees and | ||||||
| 4 | the number of its respective employees who have designated | ||||||
| 5 | themselves as members of a minority group and gender and (2) | ||||||
| 6 | the total goals achieved under subsection (a) of this Section | ||||||
| 7 | as a percentage of the total contracts awarded by the license. | ||||||
| 8 | In addition, all licensees shall submit a report with respect | ||||||
| 9 | to the minority-owned and female-owned businesses program | ||||||
| 10 | created in this Section to the Board. | ||||||
| 11 | (d) When considering whether to re-issue or renew a license | ||||||
| 12 | to an owners licensee, electronic gaming licensee, casino | ||||||
| 13 | operator licensee, or suppliers licensee, the Board shall take | ||||||
| 14 | into account the licensee's success in complying with the | ||||||
| 15 | provisions of this Section. If an owners licensee, electronic | ||||||
| 16 | gaming licensee, casino operator licensee, or suppliers | ||||||
| 17 | licensee has not satisfied the goals contained in this Section, | ||||||
| 18 | the Board shall require a written explanation as to why the | ||||||
| 19 | licensee is not in compliance and shall require the licensee to | ||||||
| 20 | file multi-year metrics designed to achieve compliance with the | ||||||
| 21 | provisions by the next renewal period, consistent with State | ||||||
| 22 | and federal law.
| ||||||
| 23 | (230 ILCS 10/7.11 new) | ||||||
| 24 | Sec. 7.11. Annual report on diversity. | ||||||
| 25 | (a) Each licensee that receives a license under Sections 7, | ||||||
| |||||||
| |||||||
| 1 | 7.1, and 7.7 shall execute and file a report with the Board no | ||||||
| 2 | later than December 31 of each year that shall contain, but not | ||||||
| 3 | be limited to, the following information: | ||||||
| 4 | (i) a good faith affirmative action plan to recruit, | ||||||
| 5 | train, and upgrade minority persons, females, and persons | ||||||
| 6 | with a disability in all employment classifications; | ||||||
| 7 | (ii) the total dollar amount of contracts that were | ||||||
| 8 | awarded to businesses owned by minority persons, females, | ||||||
| 9 | and persons with a disability; | ||||||
| 10 | (iii) the total number of businesses owned by minority | ||||||
| 11 | persons, females, and persons with a disability that were | ||||||
| 12 | utilized by the licensee; | ||||||
| 13 | (iv) the utilization of businesses owned by minority | ||||||
| 14 | persons, females, and persons with disabilities during the | ||||||
| 15 | preceding year; and | ||||||
| 16 | (v) the outreach efforts used by the licensee to | ||||||
| 17 | attract investors and businesses consisting of minority | ||||||
| 18 | persons, females, and persons with a disability. | ||||||
| 19 | (b) The Board shall forward a copy of each licensee's | ||||||
| 20 | annual reports to the General Assembly no later than February 1 | ||||||
| 21 | of each year.
| ||||||
| 22 | (230 ILCS 10/7.12 new) | ||||||
| 23 | Sec. 7.12. Issuance of new owners licenses. | ||||||
| 24 | (a) Except for the owners license issued to the Chicago | ||||||
| 25 | Casino Development Authority, owners licenses newly authorized | ||||||
| |||||||
| |||||||
| 1 | pursuant to this amendatory Act of the 100th General Assembly | ||||||
| 2 | may be issued by the Board to a qualified applicant pursuant to | ||||||
| 3 | an open and competitive bidding process, as set forth in | ||||||
| 4 | Section 7.5, and subject to the maximum number of authorized | ||||||
| 5 | licenses set forth in subsection (e-5) of Section 7 of this | ||||||
| 6 | Act. | ||||||
| 7 | (b) To be a qualified applicant, a person or entity may not | ||||||
| 8 | be ineligible to receive an owners license under subsection (a) | ||||||
| 9 | of Section 7 of this Act and must submit an application for an | ||||||
| 10 | owners license that complies with Section 6 of this Act. | ||||||
| 11 | (c) In determining whether to grant an owners license to an | ||||||
| 12 | applicant, the Board shall consider all of the factors set | ||||||
| 13 | forth in subsections (b) and (e-10) of Section 7 of this Act, | ||||||
| 14 | as well as the amount of the applicant's license bid. The Board | ||||||
| 15 | may grant the owners license to an applicant that has not | ||||||
| 16 | submitted the highest license bid, but if it does not select | ||||||
| 17 | the highest bidder, the Board shall issue a written decision | ||||||
| 18 | explaining why another applicant was selected and identifying | ||||||
| 19 | the factors set forth in subsections (b) and (e-10) of Section | ||||||
| 20 | 7 of this Act that favored the winning bidder.
| ||||||
| 21 | (230 ILCS 10/7.13 new) | ||||||
| 22 | Sec. 7.13. Environmental standards. All permanent | ||||||
| 23 | casinos, riverboats, and electronic gaming facilities shall | ||||||
| 24 | consist of buildings that are certified as meeting the U.S. | ||||||
| 25 | Green Building Council's Leadership in Energy and | ||||||
| |||||||
| |||||||
| 1 | Environmental Design standards. The provisions of this Section | ||||||
| 2 | apply to a holder of an owners license, casino operator | ||||||
| 3 | license, or electronic gaming license that (i) begins | ||||||
| 4 | operations on or after January 1, 2017 or (ii) relocates its | ||||||
| 5 | facilities on or after the effective date of this amendatory | ||||||
| 6 | Act of the 100th General Assembly.
| ||||||
| 7 | (230 ILCS 10/8) (from Ch. 120, par. 2408)
| ||||||
| 8 | Sec. 8. Suppliers licenses.
| ||||||
| 9 | (a) The Board may issue a suppliers license to such | ||||||
| 10 | persons, firms or
corporations which apply therefor upon the | ||||||
| 11 | payment of a non-refundable
application fee set by the Board, | ||||||
| 12 | upon a determination by the Board that
the applicant is | ||||||
| 13 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
| 14 | annual license
fee.
| ||||||
| 15 | (b) The holder of a suppliers license is authorized to sell | ||||||
| 16 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
| 17 | and supplies to any
licensee involved in the ownership or | ||||||
| 18 | management of gambling operations.
| ||||||
| 19 | (c) Gambling supplies and equipment may not be distributed
| ||||||
| 20 | unless supplies and equipment conform to standards adopted by
| ||||||
| 21 | rules of the Board.
| ||||||
| 22 | (d) A person, firm or corporation is ineligible to receive | ||||||
| 23 | a suppliers
license if:
| ||||||
| 24 | (1) the person has been convicted of a felony under the | ||||||
| 25 | laws of this
State, any other state, or the United States;
| ||||||
| |||||||
| |||||||
| 1 | (2) the person has been convicted of any violation of | ||||||
| 2 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
| 3 | Code of 2012, or substantially similar laws of any other | ||||||
| 4 | jurisdiction;
| ||||||
| 5 | (3) the person has submitted an application for a | ||||||
| 6 | license under this
Act which contains false information;
| ||||||
| 7 | (4) the person is a member of the Board;
| ||||||
| 8 | (5) the entity firm or corporation is one in which a | ||||||
| 9 | person defined in (1),
(2), (3) or (4), is an officer, | ||||||
| 10 | director or managerial employee;
| ||||||
| 11 | (6) the firm or corporation employs a person who | ||||||
| 12 | participates in the
management or operation of riverboat | ||||||
| 13 | gambling authorized under this Act or the Chicago Casino | ||||||
| 14 | Development Authority Act;
| ||||||
| 15 | (7) the license of the person, firm or corporation | ||||||
| 16 | issued under
this Act or the Chicago Casino Development | ||||||
| 17 | Authority Act, or a license to own or operate gambling | ||||||
| 18 | facilities
in any other jurisdiction, has been revoked.
| ||||||
| 19 | (e) Any person that supplies any equipment, devices, or | ||||||
| 20 | supplies to a
licensed riverboat gambling operation or casino | ||||||
| 21 | or electronic gaming operation must first obtain a suppliers
| ||||||
| 22 | license. A supplier shall furnish to the Board a list of all | ||||||
| 23 | equipment,
devices and supplies offered for sale or lease in | ||||||
| 24 | connection with gambling
games authorized under this Act. A | ||||||
| 25 | supplier shall keep books and records
for the furnishing of | ||||||
| 26 | equipment, devices and supplies to gambling
operations | ||||||
| |||||||
| |||||||
| 1 | separate and distinct from any other business that the supplier
| ||||||
| 2 | might operate. A supplier shall file a quarterly return with | ||||||
| 3 | the Board
listing all sales and leases. A supplier shall | ||||||
| 4 | permanently affix its name or a distinctive logo or other mark | ||||||
| 5 | or design element identifying the manufacturer or supplier
to | ||||||
| 6 | all its equipment, devices, and supplies, except gaming chips | ||||||
| 7 | without a value impressed, engraved, or imprinted on it, for | ||||||
| 8 | gambling operations.
The Board may waive this requirement for | ||||||
| 9 | any specific product or products if it determines that the | ||||||
| 10 | requirement is not necessary to protect the integrity of the | ||||||
| 11 | game. Items purchased from a licensed supplier may continue to | ||||||
| 12 | be used even though the supplier subsequently changes its name, | ||||||
| 13 | distinctive logo, or other mark or design element; undergoes a | ||||||
| 14 | change in ownership; or ceases to be licensed as a supplier for | ||||||
| 15 | any reason. Any supplier's equipment, devices or supplies which | ||||||
| 16 | are used by any person
in an unauthorized gambling operation | ||||||
| 17 | shall be forfeited to the State. A holder of an owners license | ||||||
| 18 | or an electronic gaming license A
licensed owner may own its | ||||||
| 19 | own equipment, devices and supplies. Each
holder of an owners | ||||||
| 20 | license or an electronic gaming license under the Act shall | ||||||
| 21 | file an annual report
listing its inventories of gambling | ||||||
| 22 | equipment, devices and 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. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; | ||||||
| 6 | 98-756, eff. 7-16-14.)
| ||||||
| 7 | (230 ILCS 10/9) (from Ch. 120, par. 2409)
| ||||||
| 8 | Sec. 9. Occupational licenses.
| ||||||
| 9 | (a) The Board may issue an occupational license to an | ||||||
| 10 | applicant upon the
payment of a non-refundable fee set by the | ||||||
| 11 | Board, upon a determination by
the Board that the applicant is | ||||||
| 12 | eligible for an occupational license and
upon payment of an | ||||||
| 13 | annual license fee in an amount to be established. To
be | ||||||
| 14 | eligible for an occupational license, an applicant must:
| ||||||
| 15 | (1) be at least 21 years of age if the applicant will | ||||||
| 16 | perform any
function involved in gaming by patrons. Any | ||||||
| 17 | applicant seeking an
occupational license for a non-gaming | ||||||
| 18 | function shall be at least 18 years
of age;
| ||||||
| 19 | (2) not have been convicted of a felony offense, a | ||||||
| 20 | violation of Article
28 of the Criminal Code of 1961 or the | ||||||
| 21 | Criminal Code of 2012, or a similar statute of any other
| ||||||
| 22 | jurisdiction;
| ||||||
| 23 | (2.5) not have been convicted of a crime, other than a | ||||||
| 24 | crime described in item (2) of this subsection (a), | ||||||
| 25 | involving dishonesty or moral turpitude, except that the | ||||||
| |||||||
| |||||||
| 1 | Board may, in its discretion, issue an occupational license | ||||||
| 2 | to a person who has been convicted of a crime described in | ||||||
| 3 | this item (2.5) more than 10 years prior to his or her | ||||||
| 4 | application and has not subsequently been convicted of any | ||||||
| 5 | other crime;
| ||||||
| 6 | (3) have demonstrated a level of skill or knowledge | ||||||
| 7 | which the Board
determines to be necessary in order to | ||||||
| 8 | operate gambling aboard a riverboat, in a casino, or at an | ||||||
| 9 | electronic gaming facility; and
| ||||||
| 10 | (4) have met standards for the holding of an | ||||||
| 11 | occupational license as
adopted by rules of the Board. Such | ||||||
| 12 | rules shall provide that any person or
entity seeking an | ||||||
| 13 | occupational license to manage gambling operations
under | ||||||
| 14 | this Act or the Chicago Casino Development Authority Act | ||||||
| 15 | hereunder shall be subject to background inquiries and | ||||||
| 16 | further requirements
similar to those required of | ||||||
| 17 | applicants for an owners license.
Furthermore, such rules | ||||||
| 18 | shall provide that each such entity shall be
permitted to | ||||||
| 19 | manage gambling operations for only one licensed owner.
| ||||||
| 20 | (b) Each application for an occupational license shall be | ||||||
| 21 | on forms
prescribed by the Board and shall contain all | ||||||
| 22 | information required by the
Board. The applicant shall set | ||||||
| 23 | forth in the application: whether he has been
issued prior | ||||||
| 24 | gambling related licenses; whether he has been licensed in any
| ||||||
| 25 | other state under any other name, and, if so, such name and his | ||||||
| 26 | age; and
whether or not a permit or license issued to him in | ||||||
| |||||||
| |||||||
| 1 | any other state has
been suspended, restricted or revoked, and, | ||||||
| 2 | if so, for what period of time.
| ||||||
| 3 | (c) Each applicant shall submit with his application, on | ||||||
| 4 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
| 5 | Board shall charge each
applicant a fee set by the Department | ||||||
| 6 | of State Police to defray the costs
associated with the search | ||||||
| 7 | and classification of fingerprints obtained by
the Board with | ||||||
| 8 | respect to the applicant's application. These fees shall be
| ||||||
| 9 | paid into the State Police Services Fund.
| ||||||
| 10 | (d) The Board may in its discretion refuse an occupational | ||||||
| 11 | license to
any person: (1) who is unqualified to perform the | ||||||
| 12 | duties required of such
applicant; (2) who fails to disclose or | ||||||
| 13 | states falsely any information
called for in the application; | ||||||
| 14 | (3) who has been found guilty of a
violation of this Act or the | ||||||
| 15 | Chicago Casino Development Authority Act or whose prior | ||||||
| 16 | gambling related license or
application therefor has been | ||||||
| 17 | suspended, restricted, revoked or denied for
just cause in any | ||||||
| 18 | other state; or (4) for any other just cause.
| ||||||
| 19 | (e) The Board may suspend, revoke or restrict any | ||||||
| 20 | occupational licensee:
(1) for violation of any provision of | ||||||
| 21 | this Act; (2) for violation of any
of the rules and regulations | ||||||
| 22 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
| 23 | would have disqualified the applicant from receiving
such | ||||||
| 24 | license; or (4) for default in the payment of any obligation or | ||||||
| 25 | debt
due to the State of Illinois; or (5) for any other just | ||||||
| 26 | cause.
| ||||||
| |||||||
| |||||||
| 1 | (f) A person who knowingly makes a false statement on an | ||||||
| 2 | application is
guilty of a Class A misdemeanor.
| ||||||
| 3 | (g) Any license issued pursuant to this Section shall be | ||||||
| 4 | valid for a
period of one year from the date of issuance.
| ||||||
| 5 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
| 6 | licensed
owner or electronic gaming licensee from entering into | ||||||
| 7 | an agreement with a public community college or a school | ||||||
| 8 | approved under the
Private Business and Vocational Schools Act | ||||||
| 9 | of 2012 for the training of any
occupational licensee. Any | ||||||
| 10 | training offered by such a school shall be in
accordance with a | ||||||
| 11 | written agreement between the licensed owner or electronic | ||||||
| 12 | gaming licensee and the school.
| ||||||
| 13 | (i) Any training provided for occupational licensees may be | ||||||
| 14 | conducted
either at the site of the gambling facility on the | ||||||
| 15 | riverboat or at a school with which a licensed owner or | ||||||
| 16 | electronic gaming licensee has
entered into an agreement | ||||||
| 17 | pursuant to subsection (h).
| ||||||
| 18 | (Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12; | ||||||
| 19 | 97-1150, eff. 1-25-13.)
| ||||||
| 20 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
| 21 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
| 22 | licensed owners or licensed managers on behalf
of the State | ||||||
| 23 | aboard riverboats. Gambling may be conducted by electronic | ||||||
| 24 | gaming licensees at electronic gaming facilities. Gambling may | ||||||
| 25 | be conducted by a casino operator licensee at a casino. | ||||||
| |||||||
| |||||||
| 1 | Gambling authorized under this Section is ,
subject to the | ||||||
| 2 | following standards:
| ||||||
| 3 | (1) A licensee may conduct riverboat gambling | ||||||
| 4 | authorized under this Act
regardless of whether it conducts | ||||||
| 5 | excursion cruises. A licensee may permit
the continuous | ||||||
| 6 | ingress and egress of patrons passengers on a riverboat not | ||||||
| 7 | used for excursion cruises for the purpose of gambling. | ||||||
| 8 | Excursion cruises shall not exceed 4 hours for a round | ||||||
| 9 | trip. However, the Board may grant express approval for an | ||||||
| 10 | extended cruise on a case-by-case basis.
| ||||||
| 11 | (2) (Blank).
| ||||||
| 12 | (3) Minimum and maximum wagers on games shall be set by | ||||||
| 13 | the licensee.
| ||||||
| 14 | (4) Agents of the Board and the Department of State | ||||||
| 15 | Police may board
and inspect any riverboat, enter and | ||||||
| 16 | inspect any portion of a casino, or enter and inspect any | ||||||
| 17 | portion of an electronic gaming facility at any time for | ||||||
| 18 | the purpose of determining
whether this Act or the Chicago | ||||||
| 19 | Casino Development Authority Act is being complied with. | ||||||
| 20 | Every riverboat, if under way and
being hailed by a law | ||||||
| 21 | enforcement officer or agent of the Board, must stop
| ||||||
| 22 | immediately and lay to.
| ||||||
| 23 | (5) Employees of the Board shall have the right to be | ||||||
| 24 | present on the
riverboat or in the casino or on adjacent | ||||||
| 25 | facilities under the control of the licensee and at the | ||||||
| 26 | electronic gaming facility under the control of the | ||||||
| |||||||
| |||||||
| 1 | electronic gaming licensee.
| ||||||
| 2 | (6) Gambling equipment and supplies customarily used | ||||||
| 3 | in conducting
riverboat or casino gambling or electronic | ||||||
| 4 | gaming must be purchased or leased only from suppliers | ||||||
| 5 | licensed
for such purpose under this Act. The Board may | ||||||
| 6 | approve the transfer, sale, or lease of gambling equipment | ||||||
| 7 | and supplies by a licensed owner from or to an affiliate of | ||||||
| 8 | the licensed owner as long as the gambling equipment and | ||||||
| 9 | supplies were initially acquired from a supplier licensed | ||||||
| 10 | in Illinois.
| ||||||
| 11 | (7) Persons licensed under this Act or the Chicago | ||||||
| 12 | Casino Development Authority Act shall permit no form of | ||||||
| 13 | wagering on
gambling games except as permitted by this Act.
| ||||||
| 14 | (8) Wagers may be received only from a person present | ||||||
| 15 | on a licensed
riverboat, in a casino, or at an electronic | ||||||
| 16 | gaming facility. No person present on a licensed riverboat, | ||||||
| 17 | in a casino, or at an electronic gaming facility shall | ||||||
| 18 | place
or attempt to place a wager on behalf of another | ||||||
| 19 | person who is not present
on the riverboat, in a casino, or | ||||||
| 20 | at the electronic gaming facility.
| ||||||
| 21 | (9) Wagering, including electronic gaming, shall not | ||||||
| 22 | be conducted with money or other negotiable
currency.
| ||||||
| 23 | (10) A person under age 21 shall not be permitted on an | ||||||
| 24 | area of a
riverboat or casino where gambling is being | ||||||
| 25 | conducted or at an electronic gaming facility where | ||||||
| 26 | gambling is being conducted, except for a person at least
| ||||||
| |||||||
| |||||||
| 1 | 18 years of age who is an employee of the riverboat or | ||||||
| 2 | casino gambling operation or electronic gaming operation. | ||||||
| 3 | No
employee under age 21 shall perform any function | ||||||
| 4 | involved in gambling by
the patrons. No person under age 21 | ||||||
| 5 | shall be permitted to make a wager under
this Act or the | ||||||
| 6 | Chicago Casino Development Authority Act, and any winnings | ||||||
| 7 | that are a result of a wager by a person under age 21, | ||||||
| 8 | whether or not paid by a licensee, shall be treated as | ||||||
| 9 | winnings for the privilege tax purposes, confiscated, and | ||||||
| 10 | forfeited to the State and deposited into the Education | ||||||
| 11 | Assistance Fund.
| ||||||
| 12 | (11) Gambling excursion cruises are permitted only | ||||||
| 13 | when the waterway for
which the riverboat is licensed is | ||||||
| 14 | navigable, as determined by
the Board in consultation with | ||||||
| 15 | the U.S. Army Corps of Engineers.
This paragraph (11) does | ||||||
| 16 | not limit the ability of a licensee to conduct
gambling | ||||||
| 17 | authorized under this Act when gambling excursion cruises | ||||||
| 18 | are not
permitted.
| ||||||
| 19 | (12) All tokens, chips or electronic cards used to make | ||||||
| 20 | wagers must be
purchased (i) from a licensed owner or | ||||||
| 21 | manager, in the case of a riverboat, either aboard a | ||||||
| 22 | riverboat or at
an onshore
facility which has been approved | ||||||
| 23 | by the Board and which is located where
the riverboat | ||||||
| 24 | docks, (ii) in the case of a casino, from a licensed owner | ||||||
| 25 | or licensed casino operator at the casino, or (iii) from an | ||||||
| 26 | electronic gaming licensee at the electronic gaming | ||||||
| |||||||
| |||||||
| 1 | facility. The tokens, chips or electronic cards may be
| ||||||
| 2 | purchased by means of an agreement under which the owner, | ||||||
| 3 | or manager, or licensed casino operator extends
credit to
| ||||||
| 4 | the patron. Such tokens, chips or electronic cards may be | ||||||
| 5 | used
while aboard the riverboat, in the casino, or at the | ||||||
| 6 | electronic gaming facility only for the purpose of making | ||||||
| 7 | wagers on
gambling games.
| ||||||
| 8 | (13) Notwithstanding any other Section of this Act or | ||||||
| 9 | the Chicago Casino Development Authority Act, in addition | ||||||
| 10 | to the
other licenses authorized under this Act or the | ||||||
| 11 | Chicago Casino Development Authority Act, the Board may | ||||||
| 12 | issue special event
licenses allowing persons who are not | ||||||
| 13 | otherwise licensed to conduct
riverboat gambling to | ||||||
| 14 | conduct such gambling on a specified date or series
of | ||||||
| 15 | dates. Riverboat gambling under such a license may take | ||||||
| 16 | place on a
riverboat not normally used for riverboat | ||||||
| 17 | gambling. The Board shall
establish standards, fees and | ||||||
| 18 | fines for, and limitations upon, such
licenses, which may | ||||||
| 19 | differ from the standards, fees, fines and limitations
| ||||||
| 20 | otherwise applicable under this Act or the Chicago Casino | ||||||
| 21 | Development Authority Act. All such fees shall be deposited | ||||||
| 22 | into
the State Gaming Fund. All such fines shall be | ||||||
| 23 | deposited into the
Education Assistance Fund, created by | ||||||
| 24 | Public Act 86-0018, of the State
of Illinois.
| ||||||
| 25 | (14) In addition to the above, gambling must be | ||||||
| 26 | conducted in accordance
with all rules adopted by the | ||||||
| |||||||
| |||||||
| 1 | Board.
| ||||||
| 2 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
| 3 | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
| ||||||
| 4 | Sec. 11.1. Collection of amounts owing under credit | ||||||
| 5 | agreements. Notwithstanding any applicable statutory provision | ||||||
| 6 | to the contrary, a
licensed owner, licensed or manager, | ||||||
| 7 | licensed casino operator, or electronic gaming licensee who | ||||||
| 8 | extends credit to a riverboat gambling patron or an electronic | ||||||
| 9 | gaming patron
pursuant
to Section 11 (a) (12) of this Act is | ||||||
| 10 | expressly authorized to institute a
cause of action to collect | ||||||
| 11 | any amounts due and owing under the extension of
credit, as | ||||||
| 12 | well as the licensed owner's, licensed or manager's, licensed | ||||||
| 13 | casino operator's, or electronic gaming licensee's costs, | ||||||
| 14 | expenses and reasonable
attorney's
fees incurred in | ||||||
| 15 | collection.
| ||||||
| 16 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
| 17 | (230 ILCS 10/12) (from Ch. 120, par. 2412)
| ||||||
| 18 | Sec. 12. Admission tax; fees.
| ||||||
| 19 | (a) A tax is hereby imposed upon admissions to riverboat | ||||||
| 20 | and casino gambling facilities riverboats operated by
licensed | ||||||
| 21 | owners authorized pursuant to this Act and the Chicago Casino | ||||||
| 22 | Development Authority Act. Until July 1, 2002, the
rate is $2 | ||||||
| 23 | per person admitted. From July 1, 2002 until
July 1, 2003, the | ||||||
| 24 | rate is $3 per person admitted.
From July 1, 2003 until August | ||||||
| |||||||
| |||||||
| 1 | 23, 2005 (the effective date of Public Act 94-673), for a | ||||||
| 2 | licensee that admitted 1,000,000 persons or
fewer in the | ||||||
| 3 | previous calendar year, the rate is $3 per person admitted; for | ||||||
| 4 | a
licensee that admitted more than 1,000,000 but no more than | ||||||
| 5 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
| 6 | per person admitted; and for
a licensee that admitted more than | ||||||
| 7 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
| 8 | per person admitted.
Beginning on August 23, 2005 (the | ||||||
| 9 | effective date of Public Act 94-673), for a licensee that | ||||||
| 10 | admitted 1,000,000 persons or
fewer in calendar year 2004, the | ||||||
| 11 | rate is $2 per person admitted, and for all other
licensees, | ||||||
| 12 | including licensees that were not conducting gambling | ||||||
| 13 | operations in 2004, the rate is $3 per person admitted.
This | ||||||
| 14 | admission tax is imposed upon the
licensed owner conducting | ||||||
| 15 | gambling.
| ||||||
| 16 | (1) The admission tax shall be paid for each admission, | ||||||
| 17 | except that a person who exits a riverboat gambling | ||||||
| 18 | facility and reenters that riverboat gambling facility | ||||||
| 19 | within the same gaming day shall be subject only to the | ||||||
| 20 | initial admission tax.
| ||||||
| 21 | (2) (Blank).
| ||||||
| 22 | (3) The riverboat licensee may issue tax-free passes to
| ||||||
| 23 | actual and necessary officials and employees of the | ||||||
| 24 | licensee or other
persons actually working on the | ||||||
| 25 | riverboat.
| ||||||
| 26 | (4) The number and issuance of tax-free passes is | ||||||
| |||||||
| |||||||
| 1 | subject to the rules
of the Board, and a list of all | ||||||
| 2 | persons to whom the tax-free passes are
issued shall be | ||||||
| 3 | filed with the Board.
| ||||||
| 4 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
| 5 | licensed
managers on behalf of the State pursuant to Section | ||||||
| 6 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
| 7 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
| 8 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
| 9 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
| 10 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
| 11 | per person admitted; and for
a licensee that admitted more than | ||||||
| 12 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
| 13 | per person admitted.
| ||||||
| 14 | (1) The admission fee shall be paid for each admission.
| ||||||
| 15 | (2) (Blank).
| ||||||
| 16 | (3) The licensed manager may issue fee-free passes to | ||||||
| 17 | actual and necessary
officials and employees of the manager | ||||||
| 18 | or other persons actually working on the
riverboat.
| ||||||
| 19 | (4) The number and issuance of fee-free passes is | ||||||
| 20 | subject to the rules
of the Board, and a list of all | ||||||
| 21 | persons to whom the fee-free passes are
issued shall be | ||||||
| 22 | filed with the Board.
| ||||||
| 23 | (b) Except as provided in subsection (b-5), from From the | ||||||
| 24 | tax imposed under subsection (a) and the fee imposed under
| ||||||
| 25 | subsection (a-5), a municipality shall receive from the State | ||||||
| 26 | $1 for each
person embarking on a riverboat docked within the | ||||||
| |||||||
| |||||||
| 1 | municipality or entering a casino located within the | ||||||
| 2 | municipality, and a county
shall receive $1 for each person | ||||||
| 3 | entering a casino or embarking on a riverboat docked within the
| ||||||
| 4 | county but outside the boundaries of any municipality. The | ||||||
| 5 | municipality's or
county's share shall be collected by the | ||||||
| 6 | Board on behalf of the State and
remitted quarterly by the | ||||||
| 7 | State, subject to appropriation, to the treasurer of
the unit | ||||||
| 8 | of local government for deposit in the general fund.
| ||||||
| 9 | (b-5) From the tax imposed under subsection (a) and the fee | ||||||
| 10 | imposed under subsection (a-5), $1 for each person embarking on | ||||||
| 11 | a riverboat designated in paragraph (4) of subsection (e-5) of | ||||||
| 12 | Section 7 shall be divided as follows: $0.70 to the City of | ||||||
| 13 | Rockford, $0.05 to the City of Loves Park, $0.05 to the Village | ||||||
| 14 | of Machesney Park, and $0.20 to Winnebago County. | ||||||
| 15 | The municipality's or county's share shall be collected by | ||||||
| 16 | the Board on behalf of the State and remitted monthly by the | ||||||
| 17 | State, subject to appropriation, to the treasurer of the unit | ||||||
| 18 | of local government for deposit in the general fund. | ||||||
| 19 | (c) The licensed owner shall pay the entire admission tax | ||||||
| 20 | to the Board and
the licensed manager or the casino operator | ||||||
| 21 | licensee shall pay the entire admission fee to the Board.
Such | ||||||
| 22 | payments shall be made daily. Accompanying each payment shall | ||||||
| 23 | be a
return on forms provided by the Board which shall include | ||||||
| 24 | other
information regarding admissions as the Board may | ||||||
| 25 | require. Failure to
submit either the payment or the return | ||||||
| 26 | within the specified time may
result in suspension or | ||||||
| |||||||
| |||||||
| 1 | revocation of the owners or managers license.
| ||||||
| 2 | (c-5) A tax is imposed on admissions to electronic gaming | ||||||
| 3 | facilities at the rate of $3 per person admitted by an | ||||||
| 4 | electronic gaming licensee. The tax is imposed upon the | ||||||
| 5 | electronic gaming licensee. | ||||||
| 6 | (1) The admission tax shall be paid for each admission, | ||||||
| 7 | except that a person who exits an electronic gaming | ||||||
| 8 | facility and reenters that electronic gaming facility | ||||||
| 9 | within the same gaming day, as the term "gaming day" is | ||||||
| 10 | defined by the Board by rule, shall be subject only to the | ||||||
| 11 | initial admission tax. The Board shall establish, by rule, | ||||||
| 12 | a procedure to determine whether a person admitted to an | ||||||
| 13 | electronic gaming facility has paid the admission tax. | ||||||
| 14 | (2) An electronic gaming licensee may issue tax-free | ||||||
| 15 | passes to actual and necessary officials and employees of | ||||||
| 16 | the licensee and other persons associated with electronic | ||||||
| 17 | gaming operations. | ||||||
| 18 | (3) The number and issuance of tax-free passes is | ||||||
| 19 | subject to the rules of the Board, and a list of all | ||||||
| 20 | persons to whom the tax-free passes are issued shall be
| ||||||
| 21 | filed with the Board. | ||||||
| 22 | (4) The electronic gaming licensee shall pay the entire | ||||||
| 23 | admission tax to the Board. | ||||||
| 24 | Such payments shall be made daily. Accompanying each | ||||||
| 25 | payment shall be a return on forms provided by the Board, which | ||||||
| 26 | shall include other information regarding admission as the | ||||||
| |||||||
| |||||||
| 1 | Board may require. Failure to submit either the payment or the | ||||||
| 2 | return within the specified time may result in suspension or | ||||||
| 3 | revocation of the electronic gaming license. | ||||||
| 4 | From the tax imposed under this subsection (c-5), a | ||||||
| 5 | municipality other than the Village of Stickney or the City of | ||||||
| 6 | Collinsville in which an electronic gaming facility is located, | ||||||
| 7 | or if the electronic gaming facility is not located within a | ||||||
| 8 | municipality, then the county in which the electronic gaming | ||||||
| 9 | facility is located, except as otherwise provided in this | ||||||
| 10 | Section, shall receive, subject to appropriation, $1 for each | ||||||
| 11 | person who enters the electronic gaming facility. For each | ||||||
| 12 | admission to the electronic gaming facility in excess of | ||||||
| 13 | 1,500,000 in a year, from the tax imposed under this subsection | ||||||
| 14 | (c-5), the county in which the electronic gaming facility is | ||||||
| 15 | located shall receive, subject to appropriation, $0.30, which | ||||||
| 16 | shall be in addition to any other moneys paid to the county | ||||||
| 17 | under this Section. | ||||||
| 18 | From the tax imposed under this subsection (c-5) on an | ||||||
| 19 | electronic gaming facility located in the Village of Stickney, | ||||||
| 20 | $1 for each person who enters the electronic gaming facility | ||||||
| 21 | shall be distributed as follows, subject to appropriation: | ||||||
| 22 | $0.24 to the Village of Stickney, $0.49 to the Town of Cicero, | ||||||
| 23 | $0.05 to the City of Berwyn, and $0.17 to the Stickney Public | ||||||
| 24 | Health District, and $0.05 to the City of Bridgeview. | ||||||
| 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 | After payments required under this subsection (c-5) have | ||||||
| 6 | been made, all remaining amounts shall be deposited into the | ||||||
| 7 | Education Assistance Fund. | ||||||
| 8 | (d) The Board shall administer and collect the admission | ||||||
| 9 | tax imposed by
this Section, to the extent practicable, in a | ||||||
| 10 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
| 11 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
| 12 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
| 13 | Penalty and Interest Act.
| ||||||
| 14 | (Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
| ||||||
| 15 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
| 16 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
| 17 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
| 18 | gross
receipts received from gambling games authorized under | ||||||
| 19 | this Act at the rate of
20%.
| ||||||
| 20 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
| 21 | tax is
imposed on persons engaged in the business of conducting | ||||||
| 22 | riverboat gambling
operations, based on the adjusted gross | ||||||
| 23 | receipts received by a licensed owner
from gambling games | ||||||
| 24 | authorized under this Act at the following rates:
| ||||||
| 25 | 15% of annual adjusted gross receipts up to and | ||||||
| |||||||
| |||||||
| 1 | including $25,000,000;
| ||||||
| 2 | 20% of annual adjusted gross receipts in excess of | ||||||
| 3 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
| 4 | 25% of annual adjusted gross receipts in excess of | ||||||
| 5 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 6 | 30% of annual adjusted gross receipts in excess of | ||||||
| 7 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 8 | 35% of annual adjusted gross receipts in excess of | ||||||
| 9 | $100,000,000.
| ||||||
| 10 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
| 11 | is imposed on
persons engaged in the business of conducting | ||||||
| 12 | riverboat gambling operations,
other than licensed managers | ||||||
| 13 | conducting riverboat gambling operations on behalf
of the | ||||||
| 14 | State, based on the adjusted gross receipts received by a | ||||||
| 15 | licensed
owner from gambling games authorized under this Act at | ||||||
| 16 | the following rates:
| ||||||
| 17 | 15% of annual adjusted gross receipts up to and | ||||||
| 18 | including $25,000,000;
| ||||||
| 19 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 20 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
| 21 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 22 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 23 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 24 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 25 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 26 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
| |||||||
| |||||||
| 1 | 45% of annual adjusted gross receipts in excess of | ||||||
| 2 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
| 3 | 50% of annual adjusted gross receipts in excess of | ||||||
| 4 | $200,000,000.
| ||||||
| 5 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
| 6 | persons engaged
in the business of conducting riverboat | ||||||
| 7 | gambling operations, other than
licensed managers conducting | ||||||
| 8 | riverboat gambling operations on behalf of the
State, based on | ||||||
| 9 | the adjusted gross receipts received by a licensed owner from
| ||||||
| 10 | gambling games authorized under this Act at the following | ||||||
| 11 | rates:
| ||||||
| 12 | 15% of annual adjusted gross receipts up to and | ||||||
| 13 | including $25,000,000;
| ||||||
| 14 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 15 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
| 16 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 17 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
| 18 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 19 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 20 | 45% of annual adjusted gross receipts in excess of | ||||||
| 21 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 22 | 50% of annual adjusted gross receipts in excess of | ||||||
| 23 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
| 24 | 70% of annual adjusted gross receipts in excess of | ||||||
| 25 | $250,000,000.
| ||||||
| 26 | An amount equal to the amount of wagering taxes collected | ||||||
| |||||||
| |||||||
| 1 | under this
subsection (a-3) that are in addition to the amount | ||||||
| 2 | of wagering taxes that
would have been collected if the | ||||||
| 3 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
| 4 | be paid into the Common School Fund.
| ||||||
| 5 | The privilege tax imposed under this subsection (a-3) shall | ||||||
| 6 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
| 7 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
| 8 | gambling operations are conducted
pursuant to a dormant | ||||||
| 9 | license; or (iii) the first day that riverboat gambling
| ||||||
| 10 | operations are conducted under the authority of an owners | ||||||
| 11 | license that is in
addition to the 10 owners licenses initially | ||||||
| 12 | authorized under this Act.
For the purposes of this subsection | ||||||
| 13 | (a-3), the term "dormant license"
means an owners license that | ||||||
| 14 | is authorized by this Act under which no
riverboat gambling | ||||||
| 15 | operations are being conducted on June 20, 2003.
| ||||||
| 16 | (a-4) Beginning on the first day on which the tax imposed | ||||||
| 17 | under
subsection (a-3) is no longer imposed and ending upon the | ||||||
| 18 | imposition of the privilege tax under subsection (a-5) of this | ||||||
| 19 | Section, a privilege tax is imposed on persons
engaged in the | ||||||
| 20 | business of conducting riverboat or casino gambling or | ||||||
| 21 | electronic gaming operations, other
than licensed managers | ||||||
| 22 | conducting riverboat gambling operations on behalf of
the | ||||||
| 23 | State, based on the adjusted gross receipts received by a | ||||||
| 24 | licensed owner
from gambling games authorized under this Act at | ||||||
| 25 | the following rates:
| ||||||
| 26 | 15% of annual adjusted gross receipts up to and | ||||||
| |||||||
| |||||||
| 1 | including $25,000,000;
| ||||||
| 2 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 3 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
| 4 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 5 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 6 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 7 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 8 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 9 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
| 10 | 45% of annual adjusted gross receipts in excess of | ||||||
| 11 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
| 12 | 50% of annual adjusted gross receipts in excess of | ||||||
| 13 | $200,000,000.
| ||||||
| 14 | For the imposition of the privilege tax in this subsection | ||||||
| 15 | (a-4), amounts paid pursuant to item (1) of subsection (b) of | ||||||
| 16 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
| 17 | be included in the determination of adjusted gross receipts. | ||||||
| 18 | (a-4.5) Beginning on the first day of the calendar month | ||||||
| 19 | immediately following 24 months after the effective date of | ||||||
| 20 | this amendatory Act of the 100th General Assembly and ending on | ||||||
| 21 | the date gambling operations, commence at a permanent facility | ||||||
| 22 | with respect to the owners license authorized under paragraph | ||||||
| 23 | (1) of subsection (e-5) of Section 7 of this Act, a privilege | ||||||
| 24 | tax is imposed on persons engaged in the business of conducting | ||||||
| 25 | riverboat or casino gambling or electronic gaming operations, | ||||||
| 26 | other than licensed managers conducting riverboat gambling | ||||||
| |||||||
| |||||||
| 1 | operations on behalf of the State, based on the adjusted gross | ||||||
| 2 | receipts received by such licensee from the gambling games | ||||||
| 3 | authorized under this Act. The privilege tax shall be the | ||||||
| 4 | average of the privilege tax, in terms of dollar amounts, | ||||||
| 5 | calculated pursuant to subsection (a-4) and subsection (a-6). | ||||||
| 6 | (a-5) Beginning on January 1 following the opening of the | ||||||
| 7 | permanent casino at which gambling operations are conducted | ||||||
| 8 | pursuant to the Chicago Casino Development Authority Act, a | ||||||
| 9 | privilege tax is imposed on persons engaged in the business of | ||||||
| 10 | conducting riverboat or casino gambling or electronic gaming | ||||||
| 11 | operations, other than licensed managers conducting riverboat | ||||||
| 12 | gambling operations on behalf of the State, based on the | ||||||
| 13 | adjusted gross receipts received by such licensee from the | ||||||
| 14 | gambling games authorized under this Act and the Chicago Casino | ||||||
| 15 | Development Authority Act. The privilege tax for all gambling | ||||||
| 16 | games other than table games, including, but not limited to, | ||||||
| 17 | slot machines, video game of chance gambling, and electronic | ||||||
| 18 | gambling games shall be at the following rates: | ||||||
| 19 | 10% of annual adjusted gross receipts up to and | ||||||
| 20 | including $25,000,000; | ||||||
| 21 | 17.5% of annual adjusted gross receipts in excess of | ||||||
| 22 | $25,000,000 but not exceeding $50,000,000; | ||||||
| 23 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 24 | $50,000,000 but not exceeding $75,000,000; | ||||||
| 25 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 26 | $75,000,000 but not exceeding $100,000,000; | ||||||
| |||||||
| |||||||
| 1 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 2 | $100,000,000 but not exceeding $150,000,000; | ||||||
| 3 | 35% of annual adjusted gross receipts in excess of | ||||||
| 4 | $150,000,000 but not exceeding $200,000,000; | ||||||
| 5 | 40% of annual adjusted gross receipts in excess of | ||||||
| 6 | $200,000,000 but not exceeding $300,000,000; | ||||||
| 7 | 30% of annual adjusted gross receipts in excess of | ||||||
| 8 | $300,000,000 but not exceeding $350,000,000; | ||||||
| 9 | 20% of annual adjusted gross receipts in excess of | ||||||
| 10 | $350,000,000, but not exceeding $800,000,000; | ||||||
| 11 | 50% of annual adjusted gross receipts in excess of | ||||||
| 12 | $800,000,000. | ||||||
| 13 | The privilege tax for table games shall be at the following | ||||||
| 14 | rates: | ||||||
| 15 | 10% of annual adjusted gross receipts up to and | ||||||
| 16 | including $25,000,000; | ||||||
| 17 | 17.5% of annual adjusted gross receipts in excess of | ||||||
| 18 | $25,000,000 but not exceeding $50,000,000; | ||||||
| 19 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 20 | $50,000,000 but not exceeding $70,000,000; | ||||||
| 21 | 16% of annual adjusted gross receipts in excess of | ||||||
| 22 | $70,000,000. | ||||||
| 23 | For the imposition of the privilege tax in this subsection | ||||||
| 24 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
| 25 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
| 26 | be included in the determination of adjusted gross receipts. | ||||||
| |||||||
| |||||||
| 1 | (a-6) From the effective date of this amendatory Act of the | ||||||
| 2 | 100th General Assembly until June 30, 2021, an owners licensee | ||||||
| 3 | that conducted gambling operations prior to January 1, 2011 | ||||||
| 4 | shall receive a dollar-for-dollar credit against the tax | ||||||
| 5 | imposed under this Section for any renovation or construction | ||||||
| 6 | costs paid by the owners licensee, but in no event shall the | ||||||
| 7 | credit exceed $2,000,000. | ||||||
| 8 | Additionally, from the effective date of this amendatory | ||||||
| 9 | Act of the 100th General Assembly until December 31, 2020, an | ||||||
| 10 | owners licensee that (i) is located within 15 miles of the | ||||||
| 11 | Missouri border, and (ii) has at least 3 riverboats, casinos, | ||||||
| 12 | or their equivalent within a 45-mile radius, may be authorized | ||||||
| 13 | to relocate to a new location with the approval of both the | ||||||
| 14 | unit of local government designated as the home dock and the | ||||||
| 15 | Board, so long as the new location is within the same unit of | ||||||
| 16 | local government and no more than 3 miles away from its | ||||||
| 17 | original location. Such owners licensee shall receive a credit | ||||||
| 18 | against the tax imposed under this Section equal to 8% of the | ||||||
| 19 | total project costs, as approved by the Board, for any | ||||||
| 20 | renovation or construction costs paid by the owners licensee | ||||||
| 21 | for the construction of the new facility, provided that the new | ||||||
| 22 | facility is operational by July 1, 2020. In determining whether | ||||||
| 23 | or not to approve a relocation, the Board must consider the | ||||||
| 24 | extent to which the relocation will diminish the gaming | ||||||
| 25 | revenues received by other Illinois gaming facilities. | ||||||
| 26 | (a-7) Beginning in the initial adjustment year and through | ||||||
| |||||||
| |||||||
| 1 | the final adjustment year, if the total obligation imposed | ||||||
| 2 | pursuant to either subsection (a-5) or (a-6) will result in an | ||||||
| 3 | owners licensee receiving less after-tax adjusted gross | ||||||
| 4 | receipts than it received in calendar year 2016, then the total | ||||||
| 5 | amount of privilege taxes that the owners licensee is required | ||||||
| 6 | to pay for that calendar year shall be reduced to the extent | ||||||
| 7 | necessary so that the after-tax adjusted gross receipts in that | ||||||
| 8 | calendar year equals the after-tax adjusted gross receipts in | ||||||
| 9 | calendar year 2016, but the privilege tax reduction shall not | ||||||
| 10 | exceed the annual adjustment cap. If pursuant to this | ||||||
| 11 | subsection (a-7), the total obligation imposed pursuant to | ||||||
| 12 | either subsection (a-5) or (a-6) shall be reduced, then the | ||||||
| 13 | owners licensee shall not receive a refund from the State at | ||||||
| 14 | the end of the subject calendar year but instead shall be able | ||||||
| 15 | to apply that amount as a credit against any payments it owes | ||||||
| 16 | to the State in the following calendar year to satisfy its | ||||||
| 17 | total obligation under either subsection (a-5) or (a-6). The | ||||||
| 18 | credit for the final adjustment year shall occur in the | ||||||
| 19 | calendar year following the final adjustment year. | ||||||
| 20 | If an owners licensee that conducted gambling operations | ||||||
| 21 | prior to January 1, 2017 expands its riverboat or casino, | ||||||
| 22 | including, but not limited to, with respect to its gaming | ||||||
| 23 | floor, additional non-gaming amenities such as restaurants, | ||||||
| 24 | bars, and hotels and other additional facilities, and incurs | ||||||
| 25 | construction and other costs related to such expansion from the | ||||||
| 26 | effective date of this amendatory Act of the 100th General | ||||||
| |||||||
| |||||||
| 1 | Assembly until the 5th anniversary of the effective date of | ||||||
| 2 | this amendatory Act of the 100th General Assembly, then for | ||||||
| 3 | each $15,000,000 spent for any such construction or other costs | ||||||
| 4 | related to expansion paid by the owners licensee, the final | ||||||
| 5 | adjustment year shall be extended by one year and the annual | ||||||
| 6 | adjustment cap shall increase by 0.2% of adjusted gross | ||||||
| 7 | receipts during each calendar year until and including the | ||||||
| 8 | final adjustment year. No further modifications to the final | ||||||
| 9 | adjustment year or annual adjustment cap shall be made after | ||||||
| 10 | $75,000,000 is incurred in construction or other costs related | ||||||
| 11 | to expansion so that the final adjustment year shall not extend | ||||||
| 12 | beyond the 9th calendar year after the initial adjustment year, | ||||||
| 13 | not including the initial adjustment year, and the annual | ||||||
| 14 | adjustment cap shall not exceed 4% of adjusted gross receipts | ||||||
| 15 | in a particular calendar year. Construction and other costs | ||||||
| 16 | related to expansion shall include all project related costs, | ||||||
| 17 | including, but not limited to, all hard and soft costs, | ||||||
| 18 | financing costs, on or off-site ground, road or utility work, | ||||||
| 19 | cost of gaming equipment and all other personal property, | ||||||
| 20 | initial fees assessed for each incremental gaming position, and | ||||||
| 21 | the cost of incremental land acquired for such expansion. Soft | ||||||
| 22 | costs shall include, but not be limited to, legal fees, | ||||||
| 23 | architect, engineering and design costs, other consultant | ||||||
| 24 | costs, insurance cost, permitting costs, and pre-opening costs | ||||||
| 25 | related to the expansion, including, but not limited to, any of | ||||||
| 26 | the following: marketing, real estate taxes, personnel, | ||||||
| |||||||
| |||||||
| 1 | training, travel and out-of-pocket expenses, supply, | ||||||
| 2 | inventory, and other costs, and any other project related soft | ||||||
| 3 | costs. | ||||||
| 4 | Notwithstanding any other provision of this subsection | ||||||
| 5 | (a-7), this subsection (a-7) does not apply to an owners | ||||||
| 6 | licensee unless such owners licensee spends at least | ||||||
| 7 | $15,000,000 on construction and other costs related to its | ||||||
| 8 | expansion, excluding the initial fees assessed for each | ||||||
| 9 | incremental gaming position. | ||||||
| 10 | This subsection (a-7) does not apply to owners licensees
| ||||||
| 11 | authorized pursuant to subsection (e-5) of Section 7 of this
| ||||||
| 12 | Act. | ||||||
| 13 | For purposes of this subsection (a-7): | ||||||
| 14 | "Initial adjustment year" means the year commencing on | ||||||
| 15 | January 1 of the calendar year immediately following the | ||||||
| 16 | earlier of the following: | ||||||
| 17 | (1) the commencement of gambling operations, either in | ||||||
| 18 | a temporary or permanent facility, with respect to the | ||||||
| 19 | owners license authorized under paragraph (1) of | ||||||
| 20 | subsection (e-5) of Section 7 of this Act; or | ||||||
| 21 | (2) 36 months after the effective date of this | ||||||
| 22 | amendatory Act of the 100th General Assembly, provided the | ||||||
| 23 | initial adjustment year shall not commence earlier than 24 | ||||||
| 24 | months after the effective date of this amendatory Act of | ||||||
| 25 | the 100th General Assembly. | ||||||
| 26 | "Final adjustment year" means the 4th calendar year after | ||||||
| |||||||
| |||||||
| 1 | the initial adjustment year, not including the initial | ||||||
| 2 | adjustment year, and as may be extended further as described in | ||||||
| 3 | this subsection (a-7). | ||||||
| 4 | "After-tax adjusted gross receipts" means, for calendar | ||||||
| 5 | year 2016, the adjusted
gross receipts less privilege taxes | ||||||
| 6 | paid to the State and for
subsequent calendar years, the | ||||||
| 7 | adjusted gross receipts less
privilege taxes paid to the State, | ||||||
| 8 | then divided by the owners
licensee's average number of gaming | ||||||
| 9 | positions operating in that
calendar year and then multiplied | ||||||
| 10 | by the owners licensee's
average number of gaming positions | ||||||
| 11 | operating in calendar year
2016. | ||||||
| 12 | "Annual adjustment cap" means 3% of adjusted gross receipts | ||||||
| 13 | in a particular calendar year, and as may be increased further | ||||||
| 14 | as otherwise described in this subsection (a-7). | ||||||
| 15 | (a-8) Riverboat gambling operations conducted by a | ||||||
| 16 | licensed manager on
behalf of the State are not subject to the | ||||||
| 17 | tax imposed under this Section.
| ||||||
| 18 | (a-9) Beginning on January 1, 2018, the calculation of | ||||||
| 19 | gross receipts or adjusted gross receipts, for the purposes of | ||||||
| 20 | this Section, for a riverboat, casino, or electronic gaming | ||||||
| 21 | facility shall not include the dollar amount of non-cashable | ||||||
| 22 | vouchers, coupons, and electronic promotions redeemed by | ||||||
| 23 | wagerers upon the riverboat, in the casino, or in the | ||||||
| 24 | electronic gaming facility up to and including an amount not to | ||||||
| 25 | exceed 30% of a riverboat casino or electronic gaming | ||||||
| 26 | facility's adjusted gross receipts. | ||||||
| |||||||
| |||||||
| 1 | The Illinois Gaming Board shall submit to the General | ||||||
| 2 | Assembly a comprehensive report no later than March 31, 2021 | ||||||
| 3 | detailing, at a minimum, the effect of removing non-cashable | ||||||
| 4 | vouchers, coupons, and electronic promotions from this | ||||||
| 5 | calculation on net gaming revenues to the State in calendar | ||||||
| 6 | years 2018 through 2020, the increase or reduction in wagerers | ||||||
| 7 | as a result of removing non-cashable vouchers, coupons, and | ||||||
| 8 | electronic promotions from this calculation, the effect of the | ||||||
| 9 | tax rates in subsection (a-5) on net gaming revenues to the | ||||||
| 10 | State, and proposed modifications to the calculation. | ||||||
| 11 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
| 12 | the licensed
owner or the electronic gaming licensee to the | ||||||
| 13 | Board not later than 5:00 o'clock p.m. of the day after the day
| ||||||
| 14 | when the wagers were made.
| ||||||
| 15 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
| 16 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
| 17 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
| 18 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
| 19 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
| 20 | the payment of all amounts otherwise due under this Section, | ||||||
| 21 | pay to the Board a reconciliation payment in the amount, if | ||||||
| 22 | any, by which the licensed owner's base amount exceeds the | ||||||
| 23 | amount of net privilege tax paid by the licensed owner to the | ||||||
| 24 | Board in the then current State fiscal year. A licensed owner's | ||||||
| 25 | net privilege tax obligation due for the balance of the State | ||||||
| 26 | fiscal year shall be reduced up to the total of the amount paid | ||||||
| |||||||
| |||||||
| 1 | by the licensed owner in its June 15 reconciliation payment. | ||||||
| 2 | The obligation imposed by this subsection (a-15) is binding on | ||||||
| 3 | any person, firm, corporation, or other entity that acquires an | ||||||
| 4 | ownership interest in any such owners license. The obligation | ||||||
| 5 | imposed under this subsection (a-15) terminates on the earliest | ||||||
| 6 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
| 7 | date of this amendatory Act of the 94th General Assembly that | ||||||
| 8 | riverboat gambling operations are conducted pursuant to a | ||||||
| 9 | dormant license, (iii) the first day that riverboat gambling | ||||||
| 10 | operations are conducted under the authority of an owners | ||||||
| 11 | license that is in addition to the 10 owners licenses initially | ||||||
| 12 | authorized under this Act, or (iv) the first day that a | ||||||
| 13 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
| 14 | gaming operations with slot machines or other electronic gaming | ||||||
| 15 | devices. The Board must reduce the obligation imposed under | ||||||
| 16 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
| 17 | for any of the following reasons: (A) an act or acts of God, | ||||||
| 18 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
| 19 | terrorism threat that was investigated by a law enforcement | ||||||
| 20 | agency, or (C) a condition beyond the control of the owners | ||||||
| 21 | licensee that does not result from any act or omission by the | ||||||
| 22 | owners licensee or any of its agents and that poses a hazardous | ||||||
| 23 | threat to the health and safety of patrons. If an owners | ||||||
| 24 | licensee pays an amount in excess of its liability under this | ||||||
| 25 | Section, the Board shall apply the overpayment to future | ||||||
| 26 | payments required under this Section. | ||||||
| |||||||
| |||||||
| 1 | For purposes of this subsection (a-15): | ||||||
| 2 | "Act of God" means an incident caused by the operation of | ||||||
| 3 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
| 4 | avoided by the exercise of due care, and for which no person | ||||||
| 5 | can be held liable.
| ||||||
| 6 | "Base amount" means the following: | ||||||
| 7 | For a riverboat in Alton, $31,000,000.
| ||||||
| 8 | For a riverboat in East Peoria, $43,000,000.
| ||||||
| 9 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
| 10 | For a riverboat in Metropolis, $45,000,000.
| ||||||
| 11 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
| 12 | For a riverboat in Aurora, $86,000,000.
| ||||||
| 13 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
| 14 | For a riverboat in Elgin, $198,000,000.
| ||||||
| 15 | "Dormant license" has the meaning ascribed to it in | ||||||
| 16 | subsection (a-3).
| ||||||
| 17 | "Net privilege tax" means all privilege taxes paid by a | ||||||
| 18 | licensed owner to the Board under this Section, less all | ||||||
| 19 | payments made from the State Gaming Fund pursuant to subsection | ||||||
| 20 | (b) of this Section. | ||||||
| 21 | The changes made to this subsection (a-15) by Public Act | ||||||
| 22 | 94-839 are intended to restate and clarify the intent of Public | ||||||
| 23 | Act 94-673 with respect to the amount of the payments required | ||||||
| 24 | to be made under this subsection by an owners licensee to the | ||||||
| 25 | Board.
| ||||||
| 26 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
| |||||||
| |||||||
| 1 | in the State
Gaming Fund under this Section shall be paid, | ||||||
| 2 | subject to appropriation by the
General Assembly, to the unit | ||||||
| 3 | of local government which is designated as the
home dock of the | ||||||
| 4 | riverboat. Beginning January 1, 1998, from the tax revenue from | ||||||
| 5 | riverboat or casino gambling
deposited in the State Gaming Fund | ||||||
| 6 | under this Section, an amount equal to 5% of
adjusted gross | ||||||
| 7 | receipts generated by a riverboat or a casino other than a | ||||||
| 8 | riverboat designated in paragraph (3) or (4) of subsection | ||||||
| 9 | (e-5) of Section 7, shall be paid monthly, subject
to | ||||||
| 10 | appropriation by the General Assembly, to the unit of local | ||||||
| 11 | government in which the casino is located or that
is designated | ||||||
| 12 | as the home dock of the riverboat. From the tax revenue
| ||||||
| 13 | deposited in the State Gaming Fund pursuant to riverboat or | ||||||
| 14 | casino gambling operations
conducted by a licensed manager on | ||||||
| 15 | behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
| 16 | receipts generated pursuant to those riverboat or casino | ||||||
| 17 | gambling
operations shall be paid monthly,
subject to | ||||||
| 18 | appropriation by the General Assembly, to the unit of local
| ||||||
| 19 | government that is designated as the home dock of the riverboat | ||||||
| 20 | upon which
those riverboat gambling operations are conducted or | ||||||
| 21 | in which the casino is located. From the tax revenue from | ||||||
| 22 | riverboat or casino gambling deposited in the State Gaming Fund | ||||||
| 23 | under this Section, an amount equal to 5% of the adjusted gross | ||||||
| 24 | receipts generated by a riverboat designated in paragraph (3) | ||||||
| 25 | of subsection (e-5) of Section 7 shall be divided and remitted | ||||||
| 26 | monthly, subject to appropriation, as follows: 50% to Waukegan, | ||||||
| |||||||
| |||||||
| 1 | 25% to Park City, and 25% to North Chicago. From the tax | ||||||
| 2 | revenue from riverboat or casino gambling deposited in the | ||||||
| 3 | State Gaming Fund under this Section, an amount equal to 5% of | ||||||
| 4 | the adjusted gross receipts generated by a riverboat designated | ||||||
| 5 | in paragraph (4) of subsection (e-5) of Section 7 shall be | ||||||
| 6 | remitted monthly, subject to appropriation, as follows: 70% to | ||||||
| 7 | the City of Rockford, 5% to the City of Loves Park, 5% to the | ||||||
| 8 | Village of Machesney, and 20% to Winnebago County. Units of | ||||||
| 9 | local government may refund any portion of the payment that | ||||||
| 10 | they receive pursuant to this subsection (b) to the riverboat | ||||||
| 11 | or casino.
| ||||||
| 12 | (b-5) Beginning on the effective date of this amendatory | ||||||
| 13 | Act of the 100th General Assembly, from the tax revenue
| ||||||
| 14 | deposited in the State Gaming Fund under this Section, an | ||||||
| 15 | amount equal to 3% of
adjusted gross receipts generated by each | ||||||
| 16 | electronic gaming facility located outside Madison County | ||||||
| 17 | shall be paid monthly, subject
to appropriation by the General | ||||||
| 18 | Assembly, to a municipality other than the Village of Stickney | ||||||
| 19 | in which each electronic gaming facility is located or, if the | ||||||
| 20 | electronic gaming facility is not located within a | ||||||
| 21 | municipality, to the county in which the electronic gaming | ||||||
| 22 | facility is located, except as otherwise provided in this | ||||||
| 23 | Section. From the tax revenue deposited in the State Gaming | ||||||
| 24 | Fund under this Section, an amount equal to 3% of adjusted | ||||||
| 25 | gross receipts generated by an electronic gaming facility | ||||||
| 26 | located in the Village of Stickney shall be paid monthly, | ||||||
| |||||||
| |||||||
| 1 | subject to appropriation by the General Assembly, as follows: | ||||||
| 2 | 25% to the Village of Stickney, 5% to the City of Berwyn, 50% | ||||||
| 3 | to the Town of Cicero, and 20% to the Stickney Public Health | ||||||
| 4 | District. | ||||||
| 5 | From the tax revenue deposited in the State Gaming Fund | ||||||
| 6 | under this Section, an amount equal to 5% of adjusted gross | ||||||
| 7 | receipts generated by an electronic gaming facility located in | ||||||
| 8 | the City of Collinsville shall be paid monthly, subject to | ||||||
| 9 | appropriation by the General Assembly, as follows: 45% to the | ||||||
| 10 | City of Alton, 45% to the City of East St. Louis, and 10% to the | ||||||
| 11 | City of Collinsville. | ||||||
| 12 | Municipalities and counties may refund any portion of the | ||||||
| 13 | payment that they receive pursuant to this subsection (b-5) to | ||||||
| 14 | the electronic gaming facility. | ||||||
| 15 | (b-6) Beginning on the effective date of this amendatory | ||||||
| 16 | Act of the 100th General Assembly, from the tax revenue | ||||||
| 17 | deposited in the State Gaming Fund under this Section, an | ||||||
| 18 | amount equal to 2% of adjusted gross receipts generated by an | ||||||
| 19 | electronic gaming facility located outside Madison County | ||||||
| 20 | shall be paid monthly, subject to appropriation by the General | ||||||
| 21 | Assembly, to the county in which the electronic gaming facility | ||||||
| 22 | is located for the purposes of its criminal justice system or | ||||||
| 23 | health care system. | ||||||
| 24 | Counties may refund any portion of the payment that they | ||||||
| 25 | receive pursuant to this subsection (b-6) to the electronic | ||||||
| 26 | gaming facility. | ||||||
| |||||||
| |||||||
| 1 | (c) Appropriations, as approved by the General Assembly, | ||||||
| 2 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
| 3 | administration and enforcement of this Act, the Chicago Casino | ||||||
| 4 | Development Authority Act, and the Video Gaming Act, (ii) for | ||||||
| 5 | distribution to the Department of State Police and to the | ||||||
| 6 | Department of Revenue for the enforcement of this Act, the | ||||||
| 7 | Chicago Casino Development Authority Act, and the Video Gaming | ||||||
| 8 | Act, and (iii) to the
Department of Human Services for the | ||||||
| 9 | administration of programs to treat
problem gambling. The | ||||||
| 10 | Board's annual appropriations request must separately state | ||||||
| 11 | its funding needs for the regulation of electronic gaming, | ||||||
| 12 | riverboat gaming, casino gaming within the City of Chicago, and | ||||||
| 13 | video gaming. From the tax revenue deposited in the Gaming | ||||||
| 14 | Facilities Fee Revenue Fund, the first $50,000,000 shall be | ||||||
| 15 | paid to the Board, subject to appropriation, for the | ||||||
| 16 | administration and enforcement of the provisions of this | ||||||
| 17 | amendatory Act of the 100th General Assembly.
| ||||||
| 18 | (c-3) Appropriations, as approved by the General Assembly, | ||||||
| 19 | may be made from the tax revenue deposited into the State | ||||||
| 20 | Gaming Fund from electronic gaming pursuant to this Section for | ||||||
| 21 | the administration and enforcement of this Act.
| ||||||
| 22 | (c-4) After payments required under subsections (b), | ||||||
| 23 | (b-5), (b-6), (c), and (c-3) have been made from the tax | ||||||
| 24 | revenue from electronic gaming deposited into the State Gaming | ||||||
| 25 | Fund under this Section, all remaining amounts from electronic | ||||||
| 26 | gaming shall be deposited into the Education Assistance Fund. | ||||||
| |||||||
| |||||||
| 1 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
| 2 | 94-804) and beginning on the effective date of this amendatory | ||||||
| 3 | Act of the 95th General Assembly, unless any organization | ||||||
| 4 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
| 5 | operate a slot machine or video game of chance under the | ||||||
| 6 | Illinois Horse Racing Act of 1975 or this Act, after the | ||||||
| 7 | payments required under subsections (b) and (c) have been
made, | ||||||
| 8 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
| 9 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
| 10 | owners licensee
conducting riverboat gambling operations
| ||||||
| 11 | pursuant to an
owners license that is initially issued after | ||||||
| 12 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
| 13 | conducted by a licensed manager on behalf of the
State under | ||||||
| 14 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
| 15 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
| 16 | (c-10) Each year the General Assembly shall appropriate | ||||||
| 17 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
| 18 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
| 19 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
| 20 | (c-15) After the payments required under subsections (b), | ||||||
| 21 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
| 22 | adjusted gross receipts of (1)
an owners licensee that | ||||||
| 23 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
| 24 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
| 25 | license that is initially issued after June 25, 1999,
or (3) | ||||||
| 26 | the first
riverboat gambling operations conducted by a licensed | ||||||
| |||||||
| |||||||
| 1 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
| 2 | comes first, shall be paid, subject to appropriation
from the | ||||||
| 3 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
| 4 | county with a population of over 3,000,000 inhabitants for the | ||||||
| 5 | purpose of
enhancing the county's criminal justice system.
| ||||||
| 6 | (c-20) Each year the General Assembly shall appropriate | ||||||
| 7 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
| 8 | an amount equal to the amount
paid to each home rule county | ||||||
| 9 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
| 10 | subsection (c-15) in the prior calendar year.
| ||||||
| 11 | (c-25) On July 1, 2013 and each July 1 thereafter, | ||||||
| 12 | $1,600,000 shall be transferred from the State Gaming Fund to | ||||||
| 13 | the Chicago State University Education Improvement Fund.
| ||||||
| 14 | (c-30) On July 1, 2013 or as soon as possible thereafter, | ||||||
| 15 | $92,000,000 shall be transferred from the State Gaming Fund to | ||||||
| 16 | the School Infrastructure Fund and $23,000,000 shall be | ||||||
| 17 | transferred from the State Gaming Fund to the Horse Racing | ||||||
| 18 | Equity Fund. | ||||||
| 19 | (c-35) Beginning on July 1, 2013, in addition to any amount | ||||||
| 20 | transferred under subsection (c-30) of this Section, | ||||||
| 21 | $5,530,000 shall be transferred monthly from the State Gaming | ||||||
| 22 | Fund to the School Infrastructure Fund. | ||||||
| 23 | (d) From time to time, the
Board shall transfer the | ||||||
| 24 | remainder of the funds
generated by this Act into the Education
| ||||||
| 25 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
| 26 | Illinois.
| ||||||
| |||||||
| |||||||
| 1 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
| 2 | government
designated as the home dock of the riverboat from | ||||||
| 3 | entering into agreements
with other units of local government | ||||||
| 4 | in this State or in other states to
share its portion of the | ||||||
| 5 | tax revenue.
| ||||||
| 6 | (f) To the extent practicable, the Board shall administer | ||||||
| 7 | and collect the
wagering taxes imposed by this Section in a | ||||||
| 8 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
| 9 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
| 10 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
| 11 | Penalty and Interest Act.
| ||||||
| 12 | (Source: P.A. 98-18, eff. 6-7-13.)
| ||||||
| 13 | (230 ILCS 10/14) (from Ch. 120, par. 2414)
| ||||||
| 14 | Sec. 14. Licensees - Records - Reports - Supervision.
| ||||||
| 15 | (a) Licensed owners and electronic gaming licensees A | ||||||
| 16 | licensed owner shall keep his books and records so as to | ||||||
| 17 | clearly
show the following:
| ||||||
| 18 | (1) The amount received daily from admission fees.
| ||||||
| 19 | (2) The total amount of gross receipts.
| ||||||
| 20 | (3) The total amount of the adjusted gross receipts.
| ||||||
| 21 | (b) Licensed owners and electronic gaming licensees The | ||||||
| 22 | licensed owner shall furnish to the Board reports and | ||||||
| 23 | information as
the Board may require with respect to its | ||||||
| 24 | activities on forms designed and
supplied for such purpose by | ||||||
| 25 | the Board.
| ||||||
| |||||||
| |||||||
| 1 | (c) The books and records kept by a licensed owner as | ||||||
| 2 | provided by this Section are
public records and the | ||||||
| 3 | examination, publication, and dissemination of the
books and | ||||||
| 4 | records are governed by the provisions of The Freedom of | ||||||
| 5 | Information Act.
| ||||||
| 6 | (Source: P.A. 86-1029.)
| ||||||
| 7 | (230 ILCS 10/15) (from Ch. 120, par. 2415)
| ||||||
| 8 | Sec. 15. Audit of Licensee Operations. Annually, the | ||||||
| 9 | licensed owner, or manager, or electronic gaming licensee shall
| ||||||
| 10 | transmit to the Board an audit of the financial transactions
| ||||||
| 11 | and condition of the licensee's or manager's total operations. | ||||||
| 12 | Additionally, within 90 days after the end of each quarter of | ||||||
| 13 | each fiscal year, the licensed owner, or manager, or electronic | ||||||
| 14 | gaming licensee shall transmit to the Board a compliance report | ||||||
| 15 | on engagement procedures determined by the Board. All audits | ||||||
| 16 | and compliance engagements shall be
conducted by certified | ||||||
| 17 | public accountants selected by the Board. Each
certified public | ||||||
| 18 | accountant must be registered in the State of
Illinois under | ||||||
| 19 | the Illinois Public Accounting Act.
The compensation for each | ||||||
| 20 | certified public accountant shall be paid
directly by the | ||||||
| 21 | licensed owner, or manager, or electronic gaming licensee to | ||||||
| 22 | the certified public
accountant.
| ||||||
| 23 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
| 24 | (230 ILCS 10/16) (from Ch. 120, par. 2416)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 16. Annual Report of Board. The Board shall make an
| ||||||
| 2 | annual report to the Governor, for the period ending December | ||||||
| 3 | 31 of each
year. Included in the report shall be an account of | ||||||
| 4 | the Board
actions, its financial position and results of | ||||||
| 5 | operation under this Act and the Chicago Casino Development | ||||||
| 6 | Authority Act,
the practical results attained under this Act | ||||||
| 7 | and the Chicago Casino Development Authority Act and any | ||||||
| 8 | recommendations for
legislation which the Board deems | ||||||
| 9 | advisable.
| ||||||
| 10 | (Source: P.A. 86-1029.)
| ||||||
| 11 | (230 ILCS 10/17) (from Ch. 120, par. 2417)
| ||||||
| 12 | Sec. 17. Administrative Procedures. The Illinois | ||||||
| 13 | Administrative Procedure
Act shall apply to all administrative | ||||||
| 14 | rules and procedures of the Board under
this Act, the Chicago | ||||||
| 15 | Casino Development Authority Act, and or the Video Gaming Act, | ||||||
| 16 | except that: (1) subsection (b) of Section 5-10 of the Illinois
| ||||||
| 17 | Administrative Procedure Act does not apply to final orders, | ||||||
| 18 | decisions and
opinions of the Board; (2) subsection (a) of | ||||||
| 19 | Section 5-10 of the Illinois
Administrative Procedure Act does | ||||||
| 20 | not apply to forms established by the Board
for use under this | ||||||
| 21 | Act, the Chicago Casino Development Authority Act, and or the | ||||||
| 22 | Video Gaming Act; (3) the provisions of Section 10-45 of the | ||||||
| 23 | Illinois
Administrative Procedure Act regarding proposals for | ||||||
| 24 | decision are excluded
under this Act, the Chicago Casino | ||||||
| 25 | Development Authority Act, and or the Video Gaming Act; and (4) | ||||||
| |||||||
| |||||||
| 1 | the provisions of subsection (d) of Section
10-65 of the | ||||||
| 2 | Illinois Administrative Procedure Act do not apply so as to
| ||||||
| 3 | prevent summary suspension of any license pending revocation or | ||||||
| 4 | other action,
which suspension shall remain in effect unless | ||||||
| 5 | modified by the Board or unless
the Board's decision is | ||||||
| 6 | reversed on the merits upon judicial review.
| ||||||
| 7 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
| 8 | (230 ILCS 10/17.1) (from Ch. 120, par. 2417.1)
| ||||||
| 9 | Sec. 17.1. Judicial Review.
| ||||||
| 10 | (a) Jurisdiction and venue for the judicial
review of a | ||||||
| 11 | final order of the Board relating to licensed owners, | ||||||
| 12 | suppliers, electronic gaming licensees, and or
special event | ||||||
| 13 | licenses is vested in the Appellate Court of
the judicial | ||||||
| 14 | district in which Sangamon County is located. A
petition for | ||||||
| 15 | judicial review of a final order of the Board must be filed in
| ||||||
| 16 | the Appellate Court, within 35 days from the date that a copy | ||||||
| 17 | of the decision
sought to be reviewed was served upon the party | ||||||
| 18 | affected by the decision.
| ||||||
| 19 | (b) Judicial review of all other final orders of the Board | ||||||
| 20 | shall be
conducted in accordance with the Administrative Review | ||||||
| 21 | Law.
| ||||||
| 22 | (Source: P.A. 88-1.)
| ||||||
| 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 2012 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 | 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, 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 or the Chicago Casino | ||||||
| 6 | Development Authority Act.
| ||||||
| 7 | (6) Alters or misrepresents the outcome of a gambling | ||||||
| 8 | game on which
wagers have been made after the outcome is | ||||||
| 9 | made sure but before it is
revealed to the players.
| ||||||
| 10 | (7) Places a bet after acquiring knowledge, not | ||||||
| 11 | available to all players,
of the outcome of the gambling | ||||||
| 12 | game which is subject of the bet or to aid a
person in | ||||||
| 13 | acquiring the knowledge for the purpose of placing a bet
| ||||||
| 14 | contingent on that outcome.
| ||||||
| 15 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
| 16 | collect, or take,
money or anything of value in or from the | ||||||
| 17 | gambling games, with intent to
defraud, without having made | ||||||
| 18 | a wager contingent on winning a gambling game,
or claims, | ||||||
| 19 | collects, or takes an amount of money or thing of value of
| ||||||
| 20 | greater value than the amount won.
| ||||||
| 21 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
| 22 | game.
| ||||||
| 23 | (10) Possesses any key or device designed for the | ||||||
| 24 | purpose of opening,
entering, or affecting the operation of | ||||||
| 25 | a gambling game, drop box, or an
electronic or mechanical | ||||||
| 26 | device connected with the gambling game or for
removing | ||||||
| |||||||
| |||||||
| 1 | coins, tokens, chips or other contents of a gambling game. | ||||||
| 2 | This
paragraph (10) does not apply to a gambling licensee | ||||||
| 3 | or employee of a
gambling licensee acting in furtherance of | ||||||
| 4 | the employee's employment.
| ||||||
| 5 | (e) The possession of more than one of the devices | ||||||
| 6 | described in
subsection (d), paragraphs (3), (5), or (10) | ||||||
| 7 | permits a rebuttable
presumption that the possessor intended to | ||||||
| 8 | use the devices for cheating.
| ||||||
| 9 | (f) A person under the age of 21 who, except as authorized | ||||||
| 10 | under paragraph (10) of Section 11, enters upon a riverboat or | ||||||
| 11 | in a casino or electronic gaming facility commits a petty | ||||||
| 12 | offense and is subject to a fine of not less than $100 or more | ||||||
| 13 | than $250 for a first offense and of not less than $200 or more | ||||||
| 14 | than $500 for a second or subsequent offense. | ||||||
| 15 | An action to prosecute any crime occurring on a riverboat
| ||||||
| 16 | shall be tried in the county of the dock at which the riverboat | ||||||
| 17 | is based. An action to prosecute any crime occurring in a | ||||||
| 18 | casino or electronic gaming facility
shall be tried in the | ||||||
| 19 | county in which the casino or electronic gaming facility is | ||||||
| 20 | located.
| ||||||
| 21 | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| ||||||
| 22 | (230 ILCS 10/18.1) | ||||||
| 23 | Sec. 18.1. Distribution of certain fines. If a fine is | ||||||
| 24 | imposed on an owner licensee or an electronic gaming licensee | ||||||
| 25 | for knowingly sending marketing or promotional materials to any | ||||||
| |||||||
| |||||||
| 1 | person placed on the self-exclusion list, then the Board shall | ||||||
| 2 | distribute an amount equal to 15% of the fine imposed to the | ||||||
| 3 | unit of local government in which the casino, riverboat, or | ||||||
| 4 | electronic gaming facility is located for the purpose of | ||||||
| 5 | awarding grants to non-profit entities that assist gambling | ||||||
| 6 | addicts.
| ||||||
| 7 | (Source: P.A. 96-224, eff. 8-11-09.)
| ||||||
| 8 | (230 ILCS 10/19) (from Ch. 120, par. 2419)
| ||||||
| 9 | Sec. 19. Forfeiture of property. | ||||||
| 10 | (a) Except as provided in
subsection (b), any riverboat, | ||||||
| 11 | casino, or electronic gaming facility
used for the conduct of | ||||||
| 12 | gambling games in violation of this Act shall be
considered a | ||||||
| 13 | gambling place in violation of Section 28-3 of the Criminal
| ||||||
| 14 | Code of 2012. Every gambling device found on
a riverboat, in a | ||||||
| 15 | casino, or at an electronic gaming facility operating gambling | ||||||
| 16 | games in violation of this
Act and every slot machine and video | ||||||
| 17 | game of chance found at an electronic gaming facility operating | ||||||
| 18 | gambling games in violation of this Act or the Chicago Casino | ||||||
| 19 | Development Authority Act shall be subject to seizure, | ||||||
| 20 | confiscation and destruction as provided
in Section 28-5 of the | ||||||
| 21 | Criminal Code of 2012.
| ||||||
| 22 | (b) It is not a violation of this Act for a riverboat or | ||||||
| 23 | other
watercraft which is licensed for gaming by a contiguous | ||||||
| 24 | state to dock on
the shores of this State if the municipality | ||||||
| 25 | having jurisdiction of the
shores, or the county in the case of | ||||||
| |||||||
| |||||||
| 1 | unincorporated areas, has granted
permission for docking and no | ||||||
| 2 | gaming is conducted on the riverboat or other
watercraft while | ||||||
| 3 | it is docked on the shores of this State.
No gambling device | ||||||
| 4 | shall be subject to seizure, confiscation or
destruction if the | ||||||
| 5 | gambling device is located on a riverboat or other
watercraft | ||||||
| 6 | which is licensed for gaming by a contiguous state and which is
| ||||||
| 7 | docked on the shores of this State if the municipality having | ||||||
| 8 | 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.
| ||||||
| 12 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
| 13 | (230 ILCS 10/20) (from Ch. 120, par. 2420)
| ||||||
| 14 | Sec. 20. Prohibited activities - civil penalties. Any | ||||||
| 15 | person who
conducts a gambling operation without first | ||||||
| 16 | obtaining a
license to do so, or who continues to conduct such | ||||||
| 17 | games after revocation
of his license, or any licensee who | ||||||
| 18 | conducts or allows to be
conducted any unauthorized gambling | ||||||
| 19 | games on a riverboat, in a casino, or at an electronic gaming | ||||||
| 20 | facility where it is
authorized to conduct its riverboat | ||||||
| 21 | gambling operation, in addition to
other penalties provided, | ||||||
| 22 | shall be subject to a civil penalty equal to the
amount of | ||||||
| 23 | gross receipts derived from wagering on the gambling games,
| ||||||
| 24 | whether unauthorized or authorized, conducted on that day as | ||||||
| 25 | well as
confiscation and forfeiture of all gambling game | ||||||
| |||||||
| |||||||
| 1 | equipment used in the
conduct of unauthorized gambling games.
| ||||||
| 2 | (Source: P.A. 86-1029.)
| ||||||
| 3 | (230 ILCS 10/21) (from Ch. 120, par. 2421)
| ||||||
| 4 | Sec. 21. Limitation on taxation of licensees. Licensees | ||||||
| 5 | shall not be
subjected to any excise tax, license tax,
permit | ||||||
| 6 | tax, privilege tax, occupation tax or excursion tax which is | ||||||
| 7 | imposed
exclusively upon the licensee by the State or any | ||||||
| 8 | political
subdivision thereof, except as provided in this Act | ||||||
| 9 | or the Chicago Casino Development Authority Act.
| ||||||
| 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 or | ||||||
| 16 | the Chicago Casino Development Authority Act shall be deposited | ||||||
| 17 | into the State Gaming Fund, a
special fund in the State | ||||||
| 18 | Treasury, which is hereby created. The adjusted
gross receipts | ||||||
| 19 | of any riverboat gambling operations conducted by a licensed
| ||||||
| 20 | manager on behalf of the State remaining after the payment of | ||||||
| 21 | the fees and
expenses of the licensed manager shall be | ||||||
| 22 | deposited into the State Gaming
Fund. Fines and
penalties | ||||||
| 23 | collected pursuant to this Act or the Chicago Casino | ||||||
| 24 | Development Authority Act shall be deposited into the
Education | ||||||
| |||||||
| |||||||
| 1 | Assistance Fund, created by Public Act 86-0018, of the State of
| ||||||
| 2 | Illinois.
| ||||||
| 3 | (Source: P.A. 93-28, eff. 6-20-03; 94-804, eff. 5-26-06.)
| ||||||
| 4 | (230 ILCS 10/24)
| ||||||
| 5 | Sec. 24. Applicability of this Illinois Riverboat Gambling | ||||||
| 6 | Act. The provisions of the this Illinois Riverboat Gambling | ||||||
| 7 | Act, and all rules promulgated thereunder, shall apply to the | ||||||
| 8 | Chicago Casino Development Authority Act and the Video Gaming | ||||||
| 9 | Act, except where there is a conflict between the 2 Acts. In | ||||||
| 10 | the event of a conflict between this Act and the Chicago Casino | ||||||
| 11 | Development Authority Act, the terms of the Chicago Casino | ||||||
| 12 | Development Authority Act shall prevail. In the event of a | ||||||
| 13 | conflict between this Act and the Video Gaming Act, the terms | ||||||
| 14 | of this Act shall prevail.
| ||||||
| 15 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
| 16 | (230 ILCS 10/25 new) | ||||||
| 17 | Sec. 25. Wide area progressive systems. The operation of a | ||||||
| 18 | wide area progressive system is permitted in gambling | ||||||
| 19 | operations authorized under this Act subject to the following | ||||||
| 20 | conditions: | ||||||
| 21 | (1) The method of communication over the wide area | ||||||
| 22 | progressive system must consist of dedicated on-line | ||||||
| 23 | communication lines or the equivalent, as determined by the | ||||||
| 24 | Administrator, or wireless communication, which may be | ||||||
| |||||||
| |||||||
| 1 | subject to certain restrictions imposed by the | ||||||
| 2 | Administrator. | ||||||
| 3 | (2) All communication between each facility location | ||||||
| 4 | and the central system site must be encrypted. | ||||||
| 5 | (3) The central system site must be located within the | ||||||
| 6 | State of Illinois and be equipped with a non-interruptible | ||||||
| 7 | power supply and the central computer must be capable of | ||||||
| 8 | on-line data redundancy should hard disk peripherals fail | ||||||
| 9 | during operation. The office containing the central | ||||||
| 10 | computer shall be equipped with a surveillance system that | ||||||
| 11 | has been approved by the Administrator. The wide area | ||||||
| 12 | progressive system provider shall be required to keep and | ||||||
| 13 | maintain an entry and exit log for the office containing | ||||||
| 14 | the central computer. The wide area progressive system | ||||||
| 15 | provider shall provide access to the office containing the | ||||||
| 16 | central computer to the Administrator and shall make | ||||||
| 17 | available to the Administrator all books, records, and | ||||||
| 18 | information required by the Administrator in fulfilling | ||||||
| 19 | his or her regulatory purpose. | ||||||
| 20 | (4) A wide area progressive system provider must | ||||||
| 21 | suspend play on the wide area progressive system if a | ||||||
| 22 | communication failure of the system cannot be corrected | ||||||
| 23 | within 24 consecutive hours. | ||||||
| 24 | (5) Approval by the Board of any wide area progressive | ||||||
| 25 | system shall occur only after the Administrator has | ||||||
| 26 | reviewed the wide area progressive system software and | ||||||
| |||||||
| |||||||
| 1 | hardware and is satisfied that the operation of the system | ||||||
| 2 | meets accepted industry standards for wide area | ||||||
| 3 | progressive system products, as well as any other | ||||||
| 4 | requirements that the Administrator may impose to ensure | ||||||
| 5 | the integrity, security, and legal operation of the wide | ||||||
| 6 | area progressive system. | ||||||
| 7 | (6) A meter that shows the amount of the common | ||||||
| 8 | progressive jackpot must be conspicuously displayed at or | ||||||
| 9 | near the machines to which the jackpot applies. The common | ||||||
| 10 | progressive jackpot meter need not precisely show the | ||||||
| 11 | actual moneys in the common progressive jackpot award at | ||||||
| 12 | each instant. Nothing shall prohibit the use of an odometer | ||||||
| 13 | or other paced updating progressive display to show updates | ||||||
| 14 | to the jackpot. When a paced updating display is used and | ||||||
| 15 | the remote site is communicating to the central computer, | ||||||
| 16 | the common progressive jackpot meter must display the | ||||||
| 17 | winning value after the jackpot broadcast is received from | ||||||
| 18 | the central system. If a common progressive jackpot is | ||||||
| 19 | recognized in the middle of a systemwide poll cycle, the | ||||||
| 20 | common progressive jackpot display may contain a value less | ||||||
| 21 | than the aggregated amount calculated by the central | ||||||
| 22 | system. The fund values from the remaining portion of the | ||||||
| 23 | poll cycle shall be received by the central system, but not | ||||||
| 24 | the local site, in which case the common progressive | ||||||
| 25 | jackpot amount paid shall always be the higher of the 2 | ||||||
| 26 | reporting amounts. | ||||||
| |||||||
| |||||||
| 1 | (7) When a common progressive jackpot is won, the wide | ||||||
| 2 | area progressive system provider shall have the | ||||||
| 3 | opportunity to inspect the machine, storage media, the | ||||||
| 4 | error events received by the central system, and any other | ||||||
| 5 | data which could reasonably be used to ascertain the | ||||||
| 6 | validity of the jackpot. | ||||||
| 7 | (A) The central system shall produce reports that | ||||||
| 8 | clearly demonstrate the method of arriving at the | ||||||
| 9 | payoff amount. This shall include the funds | ||||||
| 10 | contributed beginning with the polling cycle | ||||||
| 11 | immediately following the previous jackpot and all | ||||||
| 12 | funds contributed up to and including the polling cycle | ||||||
| 13 | that includes the jackpot signal. Funds contributed to | ||||||
| 14 | and registered by the system before the jackpot message | ||||||
| 15 | is received shall be deemed to have been contributed to | ||||||
| 16 | the progressive amount prior to the current jackpot. | ||||||
| 17 | Funds contributed to the system subsequent to the | ||||||
| 18 | jackpot message's being received, as well as funds | ||||||
| 19 | contributed to the system before the jackpot message is | ||||||
| 20 | received by the system but registered after the jackpot | ||||||
| 21 | message is received at the system, shall be deemed to | ||||||
| 22 | have been contributed to the progressive amount of the | ||||||
| 23 | next jackpot. | ||||||
| 24 | (B) The common progressive jackpot may be | ||||||
| 25 | disbursed in periodic payments as long as each machine | ||||||
| 26 | clearly displays the fact that the jackpot shall be | ||||||
| |||||||
| |||||||
| 1 | paid in such periodic payments. In addition, the number | ||||||
| 2 | of periodic payments and time between payments must be | ||||||
| 3 | clearly displayed on the slot machine in a | ||||||
| 4 | non-misleading manner. | ||||||
| 5 | (C) A wide area progressive system provider must, | ||||||
| 6 | upon request, supply to the Board reports that support | ||||||
| 7 | and verify the economic activity of the system. | ||||||
| 8 | (8) In calculating adjusted gross revenue, a facility | ||||||
| 9 | may deduct its pro rata share of the present value of any | ||||||
| 10 | common progressive jackpots awarded. The deduction shall | ||||||
| 11 | be listed on the detailed accounting records provided by | ||||||
| 12 | the wide area progressive system provider. A facility's pro | ||||||
| 13 | rata share is based on the number of funds in from that | ||||||
| 14 | facility's machines on the wide area progressive system, | ||||||
| 15 | compared to the total amount of funds in on the whole | ||||||
| 16 | system for the time period between jackpots awarded. | ||||||
| 17 | (9) In the event a facility ceases operations and a | ||||||
| 18 | progressive jackpot is awarded subsequent to the last day | ||||||
| 19 | of the final month of operation, the facility may not file | ||||||
| 20 | an amended wagering tax submission or make a claim for a | ||||||
| 21 | wagering tax refund based on its contributions to that | ||||||
| 22 | particular progressive prize pool. | ||||||
| 23 | (10) A facility, or an entity that is licensed as a | ||||||
| 24 | manufacturer or distributor, shall provide the wide area | ||||||
| 25 | progressive system in accordance with a written agreement | ||||||
| 26 | that shall be reviewed and approved by the Board prior to | ||||||
| |||||||
| |||||||
| 1 | offering the jackpots. | ||||||
| 2 | (11) The payment of any common progressive jackpot | ||||||
| 3 | offered on a wide area progressive system shall be | ||||||
| 4 | administered by the wide area progressive system provider, | ||||||
| 5 | and the provider shall have primary liability for payment | ||||||
| 6 | of any common progressive jackpot the person administers. | ||||||
| 7 | (12) A wide area progressive system provider shall | ||||||
| 8 | comply with the following: | ||||||
| 9 | (A) A reserve shall be established and maintained | ||||||
| 10 | by the provider of the wide area progressive system in | ||||||
| 11 | an amount of not less than the sum of the following | ||||||
| 12 | amounts: | ||||||
| 13 | (i) the present value of the aggregate | ||||||
| 14 | remaining balances owed on all jackpots previously | ||||||
| 15 | won by patrons on the wide area progressive system; | ||||||
| 16 | (ii) the present value of the amount currently | ||||||
| 17 | reflected on the jackpot meters of the wide area | ||||||
| 18 | progressive system; and | ||||||
| 19 | (iii) the present value of one additional | ||||||
| 20 | reset of the wide area progressive system. | ||||||
| 21 | (B) The reserve shall continue to be maintained | ||||||
| 22 | until all payments owed to winners of the common | ||||||
| 23 | progressive jackpots have been made. | ||||||
| 24 | (C) For common progressive jackpots disbursed in | ||||||
| 25 | periodic payments, any qualified investment shall be | ||||||
| 26 | purchased within 90 days following notice of the win of | ||||||
| |||||||
| |||||||
| 1 | the common progressive jackpot, and a copy of such | ||||||
| 2 | qualified investment shall be provided to the Board | ||||||
| 3 | within 30 days of purchase. Any qualified investment | ||||||
| 4 | shall have a surrender value at maturity and shall have | ||||||
| 5 | a maturity date prior to the date the periodic jackpot | ||||||
| 6 | payment is required to be made. | ||||||
| 7 | (D) The person authorized to provide the wide area | ||||||
| 8 | progressive system shall not be permitted to sell, | ||||||
| 9 | trade, or otherwise dispose of any qualified | ||||||
| 10 | investments prior to their maturity unless approval to | ||||||
| 11 | do so is first obtained from the Board. | ||||||
| 12 | (E) Upon becoming aware of an event of | ||||||
| 13 | noncompliance with the terms of the reserve | ||||||
| 14 | requirement mandated by subparagraph (A) in this | ||||||
| 15 | paragraph (12), the wide area progressive system | ||||||
| 16 | provider must immediately notify the Board of such | ||||||
| 17 | event. An event of noncompliance includes a | ||||||
| 18 | non-payment of a jackpot periodic payment or a | ||||||
| 19 | circumstance which may cause the wide area progressive | ||||||
| 20 | system provider to be unable to fulfill, or which may | ||||||
| 21 | otherwise impair the person's ability to satisfy, the | ||||||
| 22 | person's jackpot payment obligations. | ||||||
| 23 | (F) On a quarterly basis, the wide area progressive | ||||||
| 24 | system provider must deliver to the Board a calculation | ||||||
| 25 | of system reserves required under subparagraph (A) in | ||||||
| 26 | this paragraph (12). The calculation shall come with a | ||||||
| |||||||
| |||||||
| 1 | certification of financial compliance signed by a duly | ||||||
| 2 | authorized financial officer of the wide area | ||||||
| 3 | progressive system provider, on a form prescribed by | ||||||
| 4 | the Board, validating the calculation. | ||||||
| 5 | (13) For common progressive jackpots disbursed in | ||||||
| 6 | periodic payments, subsequent to the date of the win, a | ||||||
| 7 | winner may be offered the option to receive, in lieu of | ||||||
| 8 | periodic payments, a discounted single cash payment in the | ||||||
| 9 | form of a qualified prize option, as that term is defined | ||||||
| 10 | in Section 451(h) of the Internal Revenue Code of 1986. The | ||||||
| 11 | wide area progressive system provider shall calculate the | ||||||
| 12 | single cash payment based on the discount rate. Until the | ||||||
| 13 | new discount rate becomes effective, the discount rate | ||||||
| 14 | selected by the wide area progressive system provider shall | ||||||
| 15 | be used to calculate the single cash payment for all | ||||||
| 16 | qualified prizes that occur subsequent to the date of the | ||||||
| 17 | selected discount rate.
| ||||||
| 18 | Section 90-42. The Video Gaming
Act is amended by changing | ||||||
| 19 | Sections 5, 20, 25, 45, 79, and 80 and by adding Section 90 as | ||||||
| 20 | follows:
| ||||||
| 21 | (230 ILCS 40/5)
| ||||||
| 22 | Sec. 5. Definitions. As used in this Act:
| ||||||
| 23 | "Board" means the Illinois Gaming Board.
| ||||||
| 24 | "Credit" means one, 5, 10, or 25 cents either won or | ||||||
| |||||||
| |||||||
| 1 | purchased by a player.
| ||||||
| 2 | "Distributor" means an individual, partnership, | ||||||
| 3 | corporation, or limited liability company licensed under
this | ||||||
| 4 | Act to buy, sell, lease, or distribute video gaming terminals | ||||||
| 5 | or major
components or parts of video gaming terminals to or | ||||||
| 6 | from terminal
operators.
| ||||||
| 7 | "Electronic card" means a card purchased from a licensed | ||||||
| 8 | establishment, licensed fraternal establishment, licensed | ||||||
| 9 | veterans establishment, or licensed truck stop establishment | ||||||
| 10 | for use in that establishment as a substitute for cash in the | ||||||
| 11 | conduct of gaming on a video gaming terminal. | ||||||
| 12 | "Electronic voucher" means a voucher printed by an | ||||||
| 13 | electronic video game machine that is redeemable in the | ||||||
| 14 | licensed establishment for which it was issued. | ||||||
| 15 | "Terminal operator" means an individual, partnership, | ||||||
| 16 | corporation, or limited liability company that is
licensed | ||||||
| 17 | under this Act and that owns, services, and maintains video
| ||||||
| 18 | gaming terminals for placement in licensed establishments, | ||||||
| 19 | licensed truck stop establishments, licensed fraternal
| ||||||
| 20 | establishments, or licensed veterans establishments.
| ||||||
| 21 | "Licensed technician" means an individual
who
is licensed | ||||||
| 22 | under this Act to repair,
service, and maintain
video gaming | ||||||
| 23 | terminals.
| ||||||
| 24 | "Licensed terminal handler" means a person, including but | ||||||
| 25 | not limited to an employee or independent contractor working | ||||||
| 26 | for a manufacturer, distributor, supplier, technician, or | ||||||
| |||||||
| |||||||
| 1 | terminal operator, who is licensed under this Act to possess or | ||||||
| 2 | control a video gaming terminal or to have access to the inner | ||||||
| 3 | workings of a video gaming terminal. A licensed terminal | ||||||
| 4 | handler does not include an individual, partnership, | ||||||
| 5 | corporation, or limited liability company defined as a | ||||||
| 6 | manufacturer, distributor, supplier, technician, or terminal | ||||||
| 7 | operator under this Act. | ||||||
| 8 | "Manufacturer" means an individual, partnership, | ||||||
| 9 | corporation, or limited liability company that is
licensed | ||||||
| 10 | under this Act and that manufactures or assembles video gaming
| ||||||
| 11 | terminals.
| ||||||
| 12 | "Supplier" means an individual, partnership, corporation, | ||||||
| 13 | or limited liability company that is
licensed under this Act to | ||||||
| 14 | supply major components or parts to video gaming
terminals to | ||||||
| 15 | licensed
terminal operators.
| ||||||
| 16 | "Net terminal income" means money put into a video gaming | ||||||
| 17 | terminal minus
credits paid out to players.
| ||||||
| 18 | "Video gaming terminal" means any electronic video game | ||||||
| 19 | machine
that, upon insertion of cash, electronic cards or | ||||||
| 20 | vouchers, or any combination thereof, is available to play or | ||||||
| 21 | simulate the play of
a video game, including but not limited to | ||||||
| 22 | video poker, line up, and blackjack, as
authorized by the Board | ||||||
| 23 | utilizing a video display and microprocessors in
which the | ||||||
| 24 | player may receive free games or credits that can be
redeemed | ||||||
| 25 | for cash. The term does not include a machine that directly
| ||||||
| 26 | dispenses coins, cash, or tokens or is for amusement purposes | ||||||
| |||||||
| |||||||
| 1 | only.
| ||||||
| 2 | "Licensed establishment" means any licensed retail | ||||||
| 3 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
| 4 | or otherwise served for consumption
on the premises, whether | ||||||
| 5 | the establishment operates on a nonprofit or for-profit basis. | ||||||
| 6 | "Licensed establishment" includes any such establishment that | ||||||
| 7 | has a contractual relationship with an inter-track wagering | ||||||
| 8 | location licensee licensed under the Illinois Horse Racing Act | ||||||
| 9 | of 1975, provided any contractual relationship shall not | ||||||
| 10 | include any transfer or offer of revenue from the operation of | ||||||
| 11 | video gaming under this Act to any licensee licensed under the | ||||||
| 12 | Illinois Horse Racing Act of 1975. Provided, however, that the | ||||||
| 13 | licensed establishment that has such a contractual | ||||||
| 14 | relationship with an inter-track wagering location licensee | ||||||
| 15 | may not, itself, be (i) an inter-track wagering location | ||||||
| 16 | licensee, (ii) the corporate parent or subsidiary of any | ||||||
| 17 | licensee licensed under the Illinois Horse Racing Act of 1975, | ||||||
| 18 | or (iii) the corporate subsidiary of a corporation that is also | ||||||
| 19 | the corporate parent or subsidiary of any licensee licensed | ||||||
| 20 | under the Illinois Horse Racing Act of 1975. "Licensed | ||||||
| 21 | establishment" does not include a facility operated by an | ||||||
| 22 | organization licensee, an inter-track wagering licensee, or an | ||||||
| 23 | inter-track wagering location licensee licensed under the | ||||||
| 24 | Illinois Horse Racing Act of 1975 or a riverboat licensed under | ||||||
| 25 | the Illinois Riverboat Gambling Act, except as provided in this | ||||||
| 26 | paragraph. The changes made to this definition by Public Act | ||||||
| |||||||
| |||||||
| 1 | 98-587 are declarative of existing law.
| ||||||
| 2 | "Licensed fraternal establishment" means the location | ||||||
| 3 | where a qualified
fraternal organization that derives its | ||||||
| 4 | charter from a national fraternal
organization regularly | ||||||
| 5 | meets.
| ||||||
| 6 | "Licensed veterans establishment" means the location where | ||||||
| 7 | a qualified
veterans organization that derives its charter from | ||||||
| 8 | a national veterans
organization regularly meets.
| ||||||
| 9 | "Licensed truck stop establishment" means a facility (i) | ||||||
| 10 | that is at least a
3-acre facility with a convenience store, | ||||||
| 11 | (ii) with separate diesel
islands for fueling commercial motor | ||||||
| 12 | vehicles, (iii) that sells at retail more than 10,000 gallons | ||||||
| 13 | of diesel or biodiesel fuel per month, and (iv) with parking | ||||||
| 14 | spaces for commercial
motor vehicles. "Commercial motor | ||||||
| 15 | vehicles" has the same meaning as defined in Section 18b-101 of | ||||||
| 16 | the Illinois Vehicle Code. The requirement of item (iii) of | ||||||
| 17 | this paragraph may be met by showing that estimated future | ||||||
| 18 | sales or past sales average at least 10,000 gallons per month.
| ||||||
| 19 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; | ||||||
| 20 | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. | ||||||
| 21 | 7-16-14.)
| ||||||
| 22 | (230 ILCS 40/20)
| ||||||
| 23 | Sec. 20. Direct dispensing of receipt tickets only. A video | ||||||
| 24 | gaming
terminal may not
directly dispense coins, cash, tokens, | ||||||
| 25 | or any other article of exchange or
value except for receipt | ||||||
| |||||||
| |||||||
| 1 | tickets. Tickets shall be dispensed by
pressing the ticket | ||||||
| 2 | dispensing button on the video gaming terminal at the end
of | ||||||
| 3 | one's turn or play. The ticket shall indicate the total amount | ||||||
| 4 | of credits
and the cash award, the time of day in a 24-hour | ||||||
| 5 | format showing hours and
minutes, the date, the
terminal serial | ||||||
| 6 | number, the sequential number of the ticket, and an encrypted
| ||||||
| 7 | validation number from which the validity of the prize may be | ||||||
| 8 | determined.
The player shall turn in this ticket to the | ||||||
| 9 | appropriate
person at the licensed establishment, licensed | ||||||
| 10 | truck stop establishment, licensed fraternal establishment,
or
| ||||||
| 11 | licensed veterans establishment
to receive the cash award. The | ||||||
| 12 | cost
of the credit shall be one cent, 5 cents, 10 cents, or 25 | ||||||
| 13 | cents, and the maximum
wager played per hand shall not exceed | ||||||
| 14 | $4 $2.
No cash award for the maximum wager on any
individual | ||||||
| 15 | hand shall exceed $1,199, except in the case of a wide area | ||||||
| 16 | progressive system, as defined in the Illinois Gambling Act, | ||||||
| 17 | which shall have no limits for cash awards $500.
| ||||||
| 18 | (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10.)
| ||||||
| 19 | (230 ILCS 40/25)
| ||||||
| 20 | Sec. 25. Restriction of licensees.
| ||||||
| 21 | (a) Manufacturer. A person may not be licensed as a | ||||||
| 22 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
| 23 | person has a valid
manufacturer's license issued
under this | ||||||
| 24 | Act. A manufacturer may only sell video gaming terminals for | ||||||
| 25 | use
in Illinois to
persons having a valid distributor's | ||||||
| |||||||
| |||||||
| 1 | license.
| ||||||
| 2 | (b) Distributor. A person may not sell, distribute, or | ||||||
| 3 | lease
or market a video gaming terminal in Illinois unless the | ||||||
| 4 | person has a valid
distributor's
license issued under this Act. | ||||||
| 5 | A distributor may only sell video gaming
terminals for use in
| ||||||
| 6 | Illinois to persons having a valid distributor's or terminal | ||||||
| 7 | operator's
license.
| ||||||
| 8 | (c) Terminal operator. A person may not own, maintain, or | ||||||
| 9 | place a video gaming terminal unless he has a valid terminal | ||||||
| 10 | operator's
license issued
under this Act. A terminal operator | ||||||
| 11 | may only place video gaming terminals for
use in
Illinois in | ||||||
| 12 | licensed establishments, licensed truck stop establishments, | ||||||
| 13 | licensed fraternal establishments,
and
licensed veterans | ||||||
| 14 | establishments.
No terminal operator may give anything of | ||||||
| 15 | value, including but not limited to
a loan or financing | ||||||
| 16 | arrangement, to a licensed establishment, licensed truck stop | ||||||
| 17 | establishment,
licensed fraternal establishment, or licensed | ||||||
| 18 | veterans establishment as
any incentive or inducement to locate | ||||||
| 19 | video terminals in that establishment.
Of the after-tax profits
| ||||||
| 20 | from a video gaming terminal, 50% shall be paid to the terminal
| ||||||
| 21 | operator and 50% shall be paid to the licensed establishment, | ||||||
| 22 | licensed truck stop establishment,
licensed fraternal | ||||||
| 23 | establishment, or
licensed veterans establishment, | ||||||
| 24 | notwithstanding any agreement to the contrary.
A video terminal | ||||||
| 25 | operator that violates one or more requirements of this | ||||||
| 26 | subsection is guilty of a Class 4 felony and is subject to | ||||||
| |||||||
| |||||||
| 1 | termination of his or her license by the Board.
| ||||||
| 2 | (d) Licensed technician. A person may not service, | ||||||
| 3 | maintain, or repair a
video gaming terminal
in this State | ||||||
| 4 | unless he or she (1) has a valid technician's license issued
| ||||||
| 5 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
| 6 | by a terminal
operator, distributor, or manufacturer.
| ||||||
| 7 | (d-5) Licensed terminal handler. No person, including, but | ||||||
| 8 | not limited to, an employee or independent contractor working | ||||||
| 9 | for a manufacturer, distributor, supplier, technician, or | ||||||
| 10 | terminal operator licensed pursuant to this Act, shall have | ||||||
| 11 | possession or control of a video gaming terminal, or access to | ||||||
| 12 | the inner workings of a video gaming terminal, unless that | ||||||
| 13 | person possesses a valid terminal handler's license issued | ||||||
| 14 | under this Act. | ||||||
| 15 | (e) Licensed establishment. No video gaming terminal may be | ||||||
| 16 | placed in any licensed establishment, licensed veterans | ||||||
| 17 | establishment, licensed truck stop establishment,
or licensed | ||||||
| 18 | fraternal establishment
unless the owner
or agent of the owner | ||||||
| 19 | of the licensed establishment, licensed veterans | ||||||
| 20 | establishment, licensed truck stop establishment, or licensed
| ||||||
| 21 | fraternal establishment has entered into a
written use | ||||||
| 22 | agreement with the terminal operator for placement of the
| ||||||
| 23 | terminals. A copy of the use agreement shall be on file in the | ||||||
| 24 | terminal
operator's place of business and available for | ||||||
| 25 | inspection by individuals
authorized by the Board. A licensed | ||||||
| 26 | establishment, licensed truck stop establishment, licensed | ||||||
| |||||||
| |||||||
| 1 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
| 2 | may operate up to 5 video gaming terminals on its premises at | ||||||
| 3 | any
time.
| ||||||
| 4 | (f) (Blank).
| ||||||
| 5 | (g) Financial interest restrictions.
As used in this Act, | ||||||
| 6 | "substantial interest" in a partnership, a corporation, an
| ||||||
| 7 | organization, an association, a business, or a limited | ||||||
| 8 | liability company means:
| ||||||
| 9 | (A) When, with respect to a sole proprietorship, an | ||||||
| 10 | individual or
his or her spouse owns, operates, manages, or | ||||||
| 11 | conducts, directly
or indirectly, the organization, | ||||||
| 12 | association, or business, or any part thereof;
or
| ||||||
| 13 | (B) When, with respect to a partnership, the individual | ||||||
| 14 | or his or
her spouse shares in any of the profits, or | ||||||
| 15 | potential profits,
of the partnership activities; or
| ||||||
| 16 | (C) When, with respect to a corporation, an individual | ||||||
| 17 | or his or her
spouse is an officer or director, or the | ||||||
| 18 | individual or his or her spouse is a holder, directly or | ||||||
| 19 | beneficially, of 5% or more of any class
of stock of the | ||||||
| 20 | corporation; or
| ||||||
| 21 | (D) When, with respect to an organization not covered | ||||||
| 22 | in (A), (B) or
(C) above, an individual or his or her | ||||||
| 23 | spouse is an officer or manages the
business affairs, or | ||||||
| 24 | the individual or his or her spouse is the
owner of or | ||||||
| 25 | otherwise controls 10% or more of the assets of the | ||||||
| 26 | organization;
or
| ||||||
| |||||||
| |||||||
| 1 | (E) When an individual or his or her spouse furnishes
| ||||||
| 2 | 5% or more of the capital, whether in cash, goods, or | ||||||
| 3 | services, for the
operation of any business, association, | ||||||
| 4 | or organization during any calendar
year; or | ||||||
| 5 | (F) When, with respect to a limited liability company, | ||||||
| 6 | an individual or his or her
spouse is a member, or the | ||||||
| 7 | individual or his or her spouse is a holder, directly or | ||||||
| 8 | beneficially, of 5% or more of the membership interest of | ||||||
| 9 | the limited liability company.
| ||||||
| 10 | For purposes of this subsection (g), "individual" includes | ||||||
| 11 | all individuals or their spouses whose combined interest would | ||||||
| 12 | qualify as a substantial interest under this subsection (g) and | ||||||
| 13 | whose activities with respect to an organization, association, | ||||||
| 14 | or business are so closely aligned or coordinated as to | ||||||
| 15 | constitute the activities of a single entity. | ||||||
| 16 | (h) Location restriction. A licensed establishment, | ||||||
| 17 | licensed truck stop establishment, licensed
fraternal
| ||||||
| 18 | establishment, or licensed veterans establishment that is (i) | ||||||
| 19 | located within 1,000
feet of a facility operated by an | ||||||
| 20 | organization licensee licensed under the Illinois Horse Racing | ||||||
| 21 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
| 22 | Illinois Riverboat
Gambling Act or (ii) located within 100 feet | ||||||
| 23 | of a school or a place of worship under the Religious | ||||||
| 24 | Corporation Act, is ineligible to operate a video gaming | ||||||
| 25 | terminal. The location restrictions in this subsection (h) do | ||||||
| 26 | not apply if (A) a facility operated by an organization | ||||||
| |||||||
| |||||||
| 1 | licensee, a school, or a place of worship moves to or is | ||||||
| 2 | established within the restricted area after a licensed | ||||||
| 3 | establishment, licensed truck stop establishment, licensed | ||||||
| 4 | fraternal establishment, or licensed veterans establishment | ||||||
| 5 | becomes licensed under this Act or (B) a school or place of | ||||||
| 6 | worship moves to or is established within the restricted area | ||||||
| 7 | after a licensed establishment, licensed truck stop | ||||||
| 8 | establishment, licensed fraternal establishment, or licensed | ||||||
| 9 | veterans establishment obtains its original liquor license. | ||||||
| 10 | For the purpose of this subsection, "school" means an | ||||||
| 11 | elementary or secondary public school, or an elementary or | ||||||
| 12 | secondary private school registered with or recognized by the | ||||||
| 13 | State Board of Education. | ||||||
| 14 | Notwithstanding the provisions of this subsection (h), the | ||||||
| 15 | Board may waive the requirement that a licensed establishment, | ||||||
| 16 | licensed truck stop establishment, licensed fraternal | ||||||
| 17 | establishment, or licensed veterans establishment not be | ||||||
| 18 | located within 1,000 feet from a facility operated by an | ||||||
| 19 | organization licensee licensed under the Illinois Horse Racing | ||||||
| 20 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
| 21 | Illinois Riverboat Gambling Act. The Board shall not grant such | ||||||
| 22 | waiver if there is any common ownership or control, shared | ||||||
| 23 | business activity, or contractual arrangement of any type | ||||||
| 24 | between the establishment and the organization licensee or | ||||||
| 25 | owners licensee of a riverboat. The Board shall adopt rules to | ||||||
| 26 | implement the provisions of this paragraph. | ||||||
| |||||||
| |||||||
| 1 | (i) Undue economic concentration. In addition to | ||||||
| 2 | considering all other requirements under this Act, in deciding | ||||||
| 3 | whether to approve the operation of video gaming terminals by a | ||||||
| 4 | terminal operator in a location, the Board shall consider the | ||||||
| 5 | impact of any economic concentration of such operation of video | ||||||
| 6 | gaming terminals. The Board shall not allow a terminal operator | ||||||
| 7 | to operate video gaming terminals if the Board determines such | ||||||
| 8 | operation will result in undue economic concentration. For | ||||||
| 9 | purposes of this Section, "undue economic concentration" means | ||||||
| 10 | that a terminal operator would have such actual or potential | ||||||
| 11 | influence over video gaming terminals in Illinois as to: | ||||||
| 12 | (1) substantially impede or suppress competition among | ||||||
| 13 | terminal operators; | ||||||
| 14 | (2) adversely impact the economic stability of the | ||||||
| 15 | video gaming industry in Illinois; or | ||||||
| 16 | (3) negatively impact the purposes of the Video Gaming | ||||||
| 17 | Act. | ||||||
| 18 | The Board shall adopt rules concerning undue economic | ||||||
| 19 | concentration with respect to the operation of video gaming | ||||||
| 20 | terminals in Illinois. The rules shall include, but not be | ||||||
| 21 | limited to, (i) limitations on the number of video gaming | ||||||
| 22 | terminals operated by any terminal operator within a defined | ||||||
| 23 | geographic radius and (ii) guidelines on the discontinuation of | ||||||
| 24 | operation of any such video gaming terminals the Board | ||||||
| 25 | determines will cause undue economic concentration.
| ||||||
| 26 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
| |||||||
| |||||||
| 1 | and equally applicable to the activities of any licensee under | ||||||
| 2 | this Act.
| ||||||
| 3 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | ||||||
| 4 | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
| ||||||
| 5 | (230 ILCS 40/45)
| ||||||
| 6 | Sec. 45. Issuance of license.
| ||||||
| 7 | (a) The burden is upon each applicant to
demonstrate his | ||||||
| 8 | suitability for licensure. Each video gaming terminal
| ||||||
| 9 | manufacturer, distributor, supplier, operator, handler, | ||||||
| 10 | licensed establishment, licensed truck stop establishment, | ||||||
| 11 | licensed
fraternal
establishment, and licensed veterans | ||||||
| 12 | establishment shall be
licensed by the Board.
The Board may | ||||||
| 13 | issue or deny a license under this Act to any person pursuant | ||||||
| 14 | to the same criteria set forth in Section 9 of the Illinois | ||||||
| 15 | Riverboat Gambling Act.
| ||||||
| 16 | (a-5) The Board shall not grant a license to a person who | ||||||
| 17 | has facilitated, enabled, or participated in the use of | ||||||
| 18 | coin-operated devices for gambling purposes or who is under the | ||||||
| 19 | significant influence or control of such a person. For the | ||||||
| 20 | purposes of this Act, "facilitated, enabled, or participated in | ||||||
| 21 | the use of coin-operated amusement devices for gambling | ||||||
| 22 | purposes" means that the person has been convicted of any | ||||||
| 23 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
| 24 | Criminal Code of 2012. If there is pending legal action against | ||||||
| 25 | a person for any such violation, then the Board shall delay the | ||||||
| |||||||
| |||||||
| 1 | licensure of that person until the legal action is resolved. | ||||||
| 2 | (b) Each person seeking and possessing a license as a video | ||||||
| 3 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
| 4 | handler, licensed establishment, licensed truck stop | ||||||
| 5 | establishment, licensed fraternal establishment, or licensed | ||||||
| 6 | veterans establishment shall submit to a background | ||||||
| 7 | investigation conducted by the Board with the assistance of the | ||||||
| 8 | State Police or other law enforcement. To the extent that the | ||||||
| 9 | corporate structure of the applicant allows, the background | ||||||
| 10 | investigation shall include any or all of the following as the | ||||||
| 11 | Board deems appropriate or as provided by rule for each | ||||||
| 12 | category of licensure: (i) each beneficiary of a trust, (ii) | ||||||
| 13 | each partner of a partnership, (iii) each member of a limited | ||||||
| 14 | liability company, (iv) each director and officer of a publicly | ||||||
| 15 | or non-publicly held corporation, (v) each stockholder of a | ||||||
| 16 | non-publicly held corporation, (vi) each stockholder of 5% or | ||||||
| 17 | more of a publicly held corporation, or (vii) each stockholder | ||||||
| 18 | of 5% or more in a parent or subsidiary corporation. | ||||||
| 19 | (c) Each person seeking and possessing a license as a video | ||||||
| 20 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
| 21 | handler, licensed establishment, licensed truck stop | ||||||
| 22 | establishment, licensed fraternal establishment, or licensed | ||||||
| 23 | veterans establishment shall disclose the identity of every | ||||||
| 24 | person, association, trust, corporation, or limited liability | ||||||
| 25 | company having a greater than 1% direct or indirect pecuniary | ||||||
| 26 | interest in the video gaming terminal operation for which the | ||||||
| |||||||
| |||||||
| 1 | license is sought. If the disclosed entity is a trust, the | ||||||
| 2 | application shall disclose the names and addresses of the | ||||||
| 3 | beneficiaries; if a corporation, the names and addresses of all | ||||||
| 4 | stockholders and directors; if a limited liability company, the | ||||||
| 5 | names and addresses of all members; or if a partnership, the | ||||||
| 6 | names and addresses of all partners, both general and limited. | ||||||
| 7 | (d) No person may be licensed as a video gaming terminal | ||||||
| 8 | manufacturer, distributor, supplier, operator, handler, | ||||||
| 9 | licensed establishment, licensed truck stop establishment, | ||||||
| 10 | licensed fraternal establishment, or licensed veterans | ||||||
| 11 | establishment if that person has been found by the Board to: | ||||||
| 12 | (1) have a background, including a criminal record, | ||||||
| 13 | reputation, habits, social or business associations, or | ||||||
| 14 | prior activities that pose a threat to the public interests | ||||||
| 15 | of the State or to the security and integrity of video | ||||||
| 16 | gaming; | ||||||
| 17 | (2) create or enhance the dangers of unsuitable, | ||||||
| 18 | unfair, or illegal practices, methods, and activities in | ||||||
| 19 | the conduct of video gaming; or | ||||||
| 20 | (3) present questionable business practices and | ||||||
| 21 | financial arrangements incidental to the conduct of video | ||||||
| 22 | gaming activities. | ||||||
| 23 | (e) Any applicant for any license under this Act has the | ||||||
| 24 | burden of proving his or her qualifications to the satisfaction | ||||||
| 25 | of the Board. The Board may adopt rules to establish additional | ||||||
| 26 | qualifications and requirements to preserve the integrity and | ||||||
| |||||||
| |||||||
| 1 | security of video gaming in this State. | ||||||
| 2 | (f) A non-refundable application fee shall be paid at the | ||||||
| 3 | time an
application for a license is filed with the Board in | ||||||
| 4 | the following amounts:
| ||||||
| 5 | (1) Manufacturer..........................$5,000
| ||||||
| 6 | (2) Distributor...........................$5,000
| ||||||
| 7 | (3) Terminal operator.....................$5,000
| ||||||
| 8 | (4) Supplier..............................$2,500
| ||||||
| 9 | (5) Technician..............................$100
| ||||||
| 10 | (6) Terminal Handler..............................$50 | ||||||
| 11 | (g) The Board shall establish an
annual fee for each | ||||||
| 12 | license not to exceed the following: | ||||||
| 13 | (1) Manufacturer.........................$10,000
| ||||||
| 14 | (2) Distributor..........................$10,000
| ||||||
| 15 | (3) Terminal operator.....................$5,000
| ||||||
| 16 | (4) Supplier..............................$2,000
| ||||||
| 17 | (5) Technician..............................$100
| ||||||
| 18 | (6) Licensed establishment, licensed truck stop
| ||||||
| 19 | establishment, licensed fraternal establishment,
| ||||||
| 20 | or licensed veterans establishment..............$100
| ||||||
| 21 | (7) Video gaming terminal...................$100
| ||||||
| 22 | (8) Terminal Handler..............................$50
| ||||||
| 23 | (h) A terminal operator and a licensed establishment, | ||||||
| 24 | licensed truck stop establishment, licensed fraternal | ||||||
| 25 | establishment,
or licensed veterans establishment shall | ||||||
| 26 | equally split the fees specified in item (7) of subsection (g). | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; | ||||||
| 2 | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
| ||||||
| 3 | (230 ILCS 40/79) | ||||||
| 4 | Sec. 79. Investigators. Investigators appointed by the | ||||||
| 5 | Board pursuant to the powers conferred upon the Board by | ||||||
| 6 | paragraph (20.6) of subsection (c) of Section 5 of the Illinois | ||||||
| 7 | Riverboat Gambling Act and Section 80 of this Act shall have | ||||||
| 8 | authority to conduct investigations, searches, seizures, | ||||||
| 9 | arrests, and other duties imposed under this Act and the | ||||||
| 10 | Illinois Riverboat Gambling Act, as deemed necessary by the | ||||||
| 11 | Board. These investigators have and may exercise all of the | ||||||
| 12 | rights and powers of peace officers, provided that these powers | ||||||
| 13 | shall be (1) limited to offenses or violations occurring or | ||||||
| 14 | committed in connection with conduct subject to this Act, | ||||||
| 15 | including, but not limited to, the manufacture, distribution, | ||||||
| 16 | supply, operation, placement, service, maintenance, or play of | ||||||
| 17 | video gaming terminals and the distribution of profits and | ||||||
| 18 | collection of revenues resulting from such play, and (2) | ||||||
| 19 | exercised, to the fullest extent practicable, in cooperation | ||||||
| 20 | with the local police department of the applicable municipality | ||||||
| 21 | or, if these powers are exercised outside the boundaries of an | ||||||
| 22 | incorporated municipality or within a municipality that does | ||||||
| 23 | not have its own police department, in cooperation with the | ||||||
| 24 | police department whose jurisdiction encompasses the | ||||||
| 25 | applicable locality.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-809, eff. 7-13-12.)
| ||||||
| 2 | (230 ILCS 40/80)
| ||||||
| 3 | Sec. 80. Applicability of Illinois Riverboat Gambling Act. | ||||||
| 4 | The provisions of the Illinois Riverboat Gambling Act, and all | ||||||
| 5 | rules promulgated thereunder, shall apply to the Video Gaming | ||||||
| 6 | Act, except where there is a conflict between the 2 Acts. In | ||||||
| 7 | the event of a conflict between the 2 Acts, the provisions of | ||||||
| 8 | the Illinois Gambling Act shall prevail. All provisions of the | ||||||
| 9 | Uniform Penalty and Interest Act shall apply, as far as | ||||||
| 10 | practicable, to the subject matter of this Act to the same | ||||||
| 11 | extent as if such provisions were included herein.
| ||||||
| 12 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
| 13 | (230 ILCS 40/90 new) | ||||||
| 14 | Sec. 90. Wide area progressive systems. The operation of a | ||||||
| 15 | wide area progressive system, as defined in the Illinois | ||||||
| 16 | Gambling Act, is permitted, subject to the provisions of the | ||||||
| 17 | Illinois Gambling Act, and the following conditions: | ||||||
| 18 | (1) Licensed terminal operators and manufacturer or | ||||||
| 19 | supplier licensees may operate one or more wide area | ||||||
| 20 | progressive systems in licensed establishments, licensed | ||||||
| 21 | truck stop establishments, licensed veterans | ||||||
| 22 | establishments, and licensed fraternal establishments. A | ||||||
| 23 | designated portion of a player's wager may be allocated to | ||||||
| 24 | the jackpot. The jackpot may be awarded to a player on any | ||||||
| |||||||
| |||||||
| 1 | of the video gaming terminals that are linked to the wide | ||||||
| 2 | area progressive system. | ||||||
| 3 | (2) A wide area progressive system shall at all times | ||||||
| 4 | be installed and operated in accordance with relevant | ||||||
| 5 | requirements of this Act and technical standards of wide | ||||||
| 6 | area progressive systems. | ||||||
| 7 | (3) A wide area progressive system shall be operated | ||||||
| 8 | and administered by participating licensees in accordance | ||||||
| 9 | with the terms and conditions of a written approved policy, | ||||||
| 10 | which must be submitted in writing and approved by the | ||||||
| 11 | Board prior to implementation and must comply with this Act | ||||||
| 12 | and technical standards of wide area progressive systems. | ||||||
| 13 | (4) Approved policies must address: | ||||||
| 14 | (A) responsibility for the funding and payment of | ||||||
| 15 | all jackpots, fees, and taxes associated with the | ||||||
| 16 | operation of the wide area progressive system; | ||||||
| 17 | (B) control and operation of the computer | ||||||
| 18 | monitoring room required under paragraph (5); and | ||||||
| 19 | (C) other requirements in the technical standards | ||||||
| 20 | on wide area progressive systems. | ||||||
| 21 | (5) A wide area progressive system shall be controlled | ||||||
| 22 | and operated from a computer monitoring room. The computer | ||||||
| 23 | monitoring room must: | ||||||
| 24 | (A) be under the sole possession and control of, | ||||||
| 25 | and maintained and operated by, employees of the | ||||||
| 26 | licensee designated in the approved policy for that | ||||||
| |||||||
| |||||||
| 1 | system; the employees of the licensee may be required | ||||||
| 2 | to obtain a terminal handler license if the Board | ||||||
| 3 | determines, after a review of the work being performed, | ||||||
| 4 | the employees require a license or permit for the | ||||||
| 5 | protection of the integrity of gaming; | ||||||
| 6 | (B) have its monitoring equipment subjected to | ||||||
| 7 | surveillance coverage either by the surveillance | ||||||
| 8 | system of a licensee or by a dedicated surveillance | ||||||
| 9 | system maintained by the terminal operator; | ||||||
| 10 | (C) be accessible through a locked door; the door | ||||||
| 11 | must be alarmed in a manner that audibly signals the | ||||||
| 12 | surveillance monitoring room for the surveillance | ||||||
| 13 | system elected under subparagraph (B) of this | ||||||
| 14 | paragraph (5); and | ||||||
| 15 | (D) have a computer monitoring room entry log. | ||||||
| 16 | This Section shall not be construed to impact the maximum | ||||||
| 17 | wager as set forth in this Act.
| ||||||
| 18 | Section 90-45. The Liquor Control Act of 1934 is amended by | ||||||
| 19 | changing Sections 5-1 and 6-30 as follows:
| ||||||
| 20 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
| 21 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
| 22 | Commission
shall be of the following classes: | ||||||
| 23 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
| 24 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
| |||||||
| |||||||
| 1 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
| 2 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
| 3 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
| 4 | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | ||||||
| 5 | (b) Distributor's license, | ||||||
| 6 | (c) Importing Distributor's license, | ||||||
| 7 | (d) Retailer's license, | ||||||
| 8 | (e) Special Event Retailer's license (not-for-profit), | ||||||
| 9 | (f) Railroad license, | ||||||
| 10 | (g) Boat license, | ||||||
| 11 | (h) Non-Beverage User's license, | ||||||
| 12 | (i) Wine-maker's premises license, | ||||||
| 13 | (j) Airplane license, | ||||||
| 14 | (k) Foreign importer's license, | ||||||
| 15 | (l) Broker's license, | ||||||
| 16 | (m) Non-resident dealer's
license, | ||||||
| 17 | (n) Brew Pub license, | ||||||
| 18 | (o) Auction liquor license, | ||||||
| 19 | (p) Caterer retailer license, | ||||||
| 20 | (q) Special use permit license, | ||||||
| 21 | (r) Winery shipper's license, | ||||||
| 22 | (s) Craft distiller tasting permit. | ||||||
| 23 | No
person, firm, partnership, corporation, or other legal | ||||||
| 24 | business entity that is
engaged in the manufacturing of wine | ||||||
| 25 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
| 26 | wine manufacturer's license. | ||||||
| |||||||
| |||||||
| 1 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
| 2 | importation in bulk, storage, distribution and sale of | ||||||
| 3 | alcoholic liquor
to persons without the State, as may be | ||||||
| 4 | permitted by law and to licensees
in this State as follows: | ||||||
| 5 | Class 1. A Distiller may make sales and deliveries of | ||||||
| 6 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
| 7 | distributors, distributors and
non-beverage users and to no | ||||||
| 8 | other licensees. | ||||||
| 9 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
| 10 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
| 11 | rectifiers, importing distributors,
distributors, retailers | ||||||
| 12 | and non-beverage users and to no other licensees. | ||||||
| 13 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
| 14 | importing
distributors and distributors and may make sales as | ||||||
| 15 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
| 16 | Class 4. A first class wine-manufacturer may make sales and | ||||||
| 17 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
| 18 | importing
distributors and distributors, and to no other | ||||||
| 19 | licensees. | ||||||
| 20 | Class 5. A second class Wine manufacturer may make sales | ||||||
| 21 | and deliveries
of more than 50,000 gallons of wine to | ||||||
| 22 | manufacturers, importing distributors
and distributors and to | ||||||
| 23 | no other licensees. | ||||||
| 24 | Class 6. A first-class wine-maker's license shall allow the | ||||||
| 25 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
| 26 | storage
and sale of such
wine to distributors in the State and | ||||||
| |||||||
| |||||||
| 1 | to persons without the
State, as may be permitted by law. A | ||||||
| 2 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
| 3 | Act 95-634), is a holder of a first-class wine-maker's license | ||||||
| 4 | and annually produces more than 25,000 gallons of its own wine | ||||||
| 5 | and who distributes its wine to licensed retailers shall cease | ||||||
| 6 | this practice on or before July 1, 2008 in compliance with | ||||||
| 7 | Public Act 95-634. | ||||||
| 8 | Class 7. A second-class wine-maker's license shall allow | ||||||
| 9 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
| 10 | per year, and
the
storage and sale of such wine
to distributors | ||||||
| 11 | in this State and to persons without the State, as may be
| ||||||
| 12 | permitted by law. A person who, prior to June 1, 2008 (the | ||||||
| 13 | effective date of Public Act 95-634), is a holder of a | ||||||
| 14 | second-class wine-maker's license and annually produces more | ||||||
| 15 | than 25,000 gallons of its own wine and who distributes its | ||||||
| 16 | wine to licensed retailers shall cease this practice on or | ||||||
| 17 | before July 1, 2008 in compliance with Public Act 95-634. | ||||||
| 18 | Class 8. A limited wine-manufacturer may make sales and | ||||||
| 19 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
| 20 | distributors, and to
non-licensees in accordance with the | ||||||
| 21 | provisions of this Act. | ||||||
| 22 | Class 9. A craft distiller license shall allow the | ||||||
| 23 | manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166) | ||||||
| 24 | gallons of spirits by distillation per year and the storage of | ||||||
| 25 | such spirits. If a craft distiller licensee, including a craft | ||||||
| 26 | distiller licensee who holds more than one craft distiller | ||||||
| |||||||
| |||||||
| 1 | license, is not affiliated with any other manufacturer of | ||||||
| 2 | spirits, then the craft distiller licensee may sell such | ||||||
| 3 | spirits to distributors in this State and up to 2,500 gallons | ||||||
| 4 | of such spirits to non-licensees to the extent permitted by any | ||||||
| 5 | exemption approved by the Commission pursuant to Section 6-4 of | ||||||
| 6 | this Act. A craft distiller license holder may store such | ||||||
| 7 | spirits at a non-contiguous licensed location, but at no time | ||||||
| 8 | shall a craft distiller license holder directly or indirectly | ||||||
| 9 | produce in the aggregate more than 100,000 gallons of spirits | ||||||
| 10 | per year. | ||||||
| 11 | A craft distiller licensee may hold more than one craft | ||||||
| 12 | distiller's license. However, a craft distiller that holds more | ||||||
| 13 | than one craft distiller license shall not manufacture, in the | ||||||
| 14 | aggregate, more than 100,000 gallons of spirits by distillation | ||||||
| 15 | per year and shall not sell, in the aggregate, more than 2,500 | ||||||
| 16 | gallons of such spirits to non-licensees in accordance with an | ||||||
| 17 | exemption approved by the State Commission pursuant to Section | ||||||
| 18 | 6-4 of this Act. | ||||||
| 19 | Any craft distiller licensed under this Act who on July 28, | ||||||
| 20 | 2010 (the effective date of Public Act 96-1367) was licensed as | ||||||
| 21 | a distiller and manufactured no more spirits than permitted by | ||||||
| 22 | this Section shall not be required to pay the initial licensing | ||||||
| 23 | fee. | ||||||
| 24 | Class 10. A class 1 brewer license, which may only be | ||||||
| 25 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
| 26 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
| |||||||
| |||||||
| 1 | per year provided that the class 1 brewer licensee does not | ||||||
| 2 | manufacture more than a combined 930,000 gallons of beer per | ||||||
| 3 | year and is not a member of or affiliated with, directly or | ||||||
| 4 | indirectly, a manufacturer that produces more than 930,000 | ||||||
| 5 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
| 6 | 1 brewer licensee may make sales and deliveries to importing | ||||||
| 7 | distributors and distributors and to retail licensees in | ||||||
| 8 | accordance with the conditions set forth in paragraph (18) of | ||||||
| 9 | subsection (a) of Section 3-12 of this Act. | ||||||
| 10 | Class 11. A class 2 brewer license, which may only be | ||||||
| 11 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
| 12 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
| 13 | per year provided that the class 2 brewer licensee does not | ||||||
| 14 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
| 15 | year and is not a member of or affiliated with, directly or | ||||||
| 16 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
| 17 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
| 18 | 2 brewer licensee may make sales and deliveries to importing | ||||||
| 19 | distributors and distributors, but shall not make sales or | ||||||
| 20 | deliveries to any other licensee. If the State Commission | ||||||
| 21 | provides prior approval, a class 2 brewer licensee may annually | ||||||
| 22 | transfer up to 3,720,000 gallons of beer manufactured by that | ||||||
| 23 | class 2 brewer licensee to the premises of a licensed class 2 | ||||||
| 24 | brewer wholly owned and operated by the same licensee. | ||||||
| 25 | (a-1) A manufacturer which is licensed in this State to | ||||||
| 26 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
| |||||||
| |||||||
| 1 | distributors or importing distributors and which enlists | ||||||
| 2 | agents, representatives, or
individuals acting on its behalf | ||||||
| 3 | who contact licensed retailers on a regular
and continual basis | ||||||
| 4 | in this State must register those agents, representatives,
or | ||||||
| 5 | persons acting on its behalf with the State Commission. | ||||||
| 6 | Registration of agents, representatives, or persons acting | ||||||
| 7 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
| 8 | to the Commission. The form
shall be developed by the | ||||||
| 9 | Commission and shall include the name and address of
the | ||||||
| 10 | applicant, the name and address of the manufacturer he or she | ||||||
| 11 | represents,
the territory or areas assigned to sell to or | ||||||
| 12 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
| 13 | questions deemed appropriate and necessary.
All statements in | ||||||
| 14 | the forms required to be made by law or by rule shall be
deemed | ||||||
| 15 | material, and any person who knowingly misstates any material | ||||||
| 16 | fact under
oath in an application is guilty of a Class B | ||||||
| 17 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
| 18 | misleading statements, evasions, or
suppression of material | ||||||
| 19 | facts in the securing of a registration are grounds for
| ||||||
| 20 | suspension or revocation of the registration. The State | ||||||
| 21 | Commission shall post a list of registered agents on the | ||||||
| 22 | Commission's website. | ||||||
| 23 | (b) A distributor's license shall allow the wholesale | ||||||
| 24 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
| 25 | liquors to licensees
in this State and to persons without the | ||||||
| 26 | State, as may be permitted by law. No person licensed as a | ||||||
| |||||||
| |||||||
| 1 | distributor shall be granted a non-resident dealer's license. | ||||||
| 2 | (c) An importing distributor's license may be issued to and | ||||||
| 3 | held by
those only who are duly licensed distributors, upon the | ||||||
| 4 | filing of an
application by a duly licensed distributor, with | ||||||
| 5 | the Commission and
the Commission shall, without the
payment of | ||||||
| 6 | any fee, immediately issue such importing distributor's
| ||||||
| 7 | license to the applicant, which shall allow the importation of | ||||||
| 8 | alcoholic
liquor by the licensee into this State from any point | ||||||
| 9 | in the United
States outside this State, and the purchase of | ||||||
| 10 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
| 11 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
| 12 | but all bottles or containers
so filled shall be sealed, | ||||||
| 13 | labeled, stamped and otherwise made to comply
with all | ||||||
| 14 | provisions, rules and regulations governing manufacturers in
| ||||||
| 15 | the preparation and bottling of alcoholic liquors. The | ||||||
| 16 | importing
distributor's license shall permit such licensee to | ||||||
| 17 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
| 18 | dealers and foreign importers only. No person licensed as an | ||||||
| 19 | importing distributor shall be granted a non-resident dealer's | ||||||
| 20 | license. | ||||||
| 21 | (d) A retailer's license shall allow the licensee to sell | ||||||
| 22 | and offer
for sale at retail, only in the premises specified in | ||||||
| 23 | the license,
alcoholic liquor for use or consumption, but not | ||||||
| 24 | for resale in any form. Nothing in Public Act 95-634 shall | ||||||
| 25 | deny, limit, remove, or restrict the ability of a holder of a | ||||||
| 26 | retailer's license to transfer, deliver, or ship alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquor to the purchaser for use or consumption subject to any | ||||||
| 2 | applicable local law or ordinance. Any retail license issued to | ||||||
| 3 | a manufacturer shall only
permit the manufacturer to sell beer | ||||||
| 4 | at retail on the premises actually
occupied by the | ||||||
| 5 | manufacturer. For the purpose of further describing the type of | ||||||
| 6 | business conducted at a retail licensed premises, a retailer's | ||||||
| 7 | licensee may be designated by the State Commission as (i) an on | ||||||
| 8 | premise consumption retailer, (ii) an off premise sale | ||||||
| 9 | retailer, or (iii) a combined on premise consumption and off | ||||||
| 10 | premise sale retailer.
| ||||||
| 11 | Notwithstanding any other provision of this subsection | ||||||
| 12 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
| 13 | event retailer licensee for
resale to the extent permitted | ||||||
| 14 | under subsection (e). | ||||||
| 15 | (e) A special event retailer's license (not-for-profit) | ||||||
| 16 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
| 17 | Illinois licensed distributor
(unless the licensee purchases | ||||||
| 18 | less than $500 of alcoholic liquors for the
special event, in | ||||||
| 19 | which case the licensee may purchase the alcoholic liquors
from | ||||||
| 20 | a licensed retailer) and shall allow the licensee to sell and | ||||||
| 21 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
| 22 | consumption, but not for resale
in any form and only at the | ||||||
| 23 | location and on the specific dates designated for
the special | ||||||
| 24 | event in the license. An applicant for a special event retailer
| ||||||
| 25 | license must
(i) furnish with the application: (A) a resale | ||||||
| 26 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
| |||||||
| |||||||
| 1 | Act or evidence that the applicant is
registered under Section | ||||||
| 2 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
| 3 | exemption identification
number issued under Section 1g of the | ||||||
| 4 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
| 5 | Commission that the purchase of alcoholic liquors will be
a | ||||||
| 6 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
| 7 | not registered
under Section 2a of the Retailers' Occupation | ||||||
| 8 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
| 9 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
| 10 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
| 11 | in which event the Commission shall set forth on the special | ||||||
| 12 | event
retailer's license a statement to that effect; (ii) | ||||||
| 13 | submit with the application proof satisfactory to
the State | ||||||
| 14 | Commission that the applicant will provide dram shop liability
| ||||||
| 15 | insurance in the maximum limits; and (iii) show proof | ||||||
| 16 | satisfactory to the
State Commission that the applicant has | ||||||
| 17 | obtained local authority
approval. | ||||||
| 18 | (f) A railroad license shall permit the licensee to import | ||||||
| 19 | alcoholic
liquors into this State from any point in the United | ||||||
| 20 | States outside this
State and to store such alcoholic liquors | ||||||
| 21 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
| 22 | directly from manufacturers, foreign
importers, distributors | ||||||
| 23 | and importing distributors from within or outside
this State; | ||||||
| 24 | and to store such alcoholic liquors in this State; provided
| ||||||
| 25 | that the above powers may be exercised only in connection with | ||||||
| 26 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
| |||||||
| |||||||
| 1 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
| 2 | operated on an electric,
gas or steam railway in this State; | ||||||
| 3 | and provided further, that railroad
licensees exercising the | ||||||
| 4 | above powers shall be subject to all provisions of
Article VIII | ||||||
| 5 | of this Act as applied to importing distributors. A railroad
| ||||||
| 6 | license shall also permit the licensee to sell or dispense | ||||||
| 7 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
| 8 | operated on an electric,
gas or steam railway regularly | ||||||
| 9 | operated by a common carrier in this State,
but shall not | ||||||
| 10 | permit the sale for resale of any alcoholic liquors to any
| ||||||
| 11 | licensee within this State. A license shall be obtained for | ||||||
| 12 | each car in which
such sales are made. | ||||||
| 13 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
| 14 | in
individual drinks, on any passenger boat regularly operated | ||||||
| 15 | as a common
carrier on navigable waters in this State or on any | ||||||
| 16 | riverboat operated
under
the Illinois Riverboat Gambling Act, | ||||||
| 17 | which boat or riverboat maintains a public
dining room or | ||||||
| 18 | restaurant thereon. | ||||||
| 19 | (h) A non-beverage user's license shall allow the licensee | ||||||
| 20 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
| 21 | importing
distributor, without the imposition of any tax upon | ||||||
| 22 | the business of such
licensed manufacturer or importing | ||||||
| 23 | distributor as to such alcoholic
liquor to be used by such | ||||||
| 24 | licensee solely for the non-beverage purposes
set forth in | ||||||
| 25 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
| 26 | shall be divided and classified and shall permit the
purchase, | ||||||
| |||||||
| |||||||
| 1 | possession and use of limited and stated quantities of
| ||||||
| 2 | alcoholic liquor as follows: | ||||||
| 3 | Class 1, not to exceed ......................... 500 gallons
| ||||||
| 4 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
| 5 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
| 6 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
| 7 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
| 8 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
| 9 | that concurrently holds a first-class wine-maker's license to | ||||||
| 10 | sell
and offer for sale at retail in the premises specified in | ||||||
| 11 | such license
not more than 50,000 gallons of the first-class | ||||||
| 12 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
| 13 | licensed premises per year for use or
consumption, but not for | ||||||
| 14 | resale in any form. A wine-maker's premises
license shall allow | ||||||
| 15 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
| 16 | license to sell and offer for sale at retail in the premises
| ||||||
| 17 | specified in such license up to 100,000 gallons of the
| ||||||
| 18 | second-class wine-maker's wine that is made at the second-class | ||||||
| 19 | wine-maker's
licensed premises per year
for use or consumption | ||||||
| 20 | but not for resale in any form. A wine-maker's premises license | ||||||
| 21 | shall allow a
licensee that concurrently holds a first-class | ||||||
| 22 | wine-maker's license or a second-class
wine-maker's license to | ||||||
| 23 | sell
and offer for sale at retail at the premises specified in | ||||||
| 24 | the wine-maker's premises license, for use or consumption but | ||||||
| 25 | not for resale in any form, any beer, wine, and spirits | ||||||
| 26 | purchased from a licensed distributor. Upon approval from the
| ||||||
| |||||||
| |||||||
| 1 | State Commission, a wine-maker's premises license
shall allow | ||||||
| 2 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
| 3 | licensed premises and (ii) at up to 2 additional locations for | ||||||
| 4 | use and
consumption and not for resale. Each location shall | ||||||
| 5 | require additional
licensing per location as specified in | ||||||
| 6 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
| 7 | secure liquor liability insurance coverage in an amount at
| ||||||
| 8 | least equal to the maximum liability amounts set forth in
| ||||||
| 9 | subsection (a) of Section 6-21 of this Act.
| ||||||
| 10 | (j) An airplane license shall permit the licensee to import
| ||||||
| 11 | alcoholic liquors into this State from any point in the United | ||||||
| 12 | States
outside this State and to store such alcoholic liquors | ||||||
| 13 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
| 14 | directly from
manufacturers, foreign importers, distributors | ||||||
| 15 | and importing
distributors from within or outside this State; | ||||||
| 16 | and to store such
alcoholic liquors in this State; provided | ||||||
| 17 | that the above powers may be
exercised only in connection with | ||||||
| 18 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
| 19 | sold or dispensed on an airplane; and
provided further, that | ||||||
| 20 | airplane licensees exercising the above powers
shall be subject | ||||||
| 21 | to all provisions of Article VIII of this Act as
applied to | ||||||
| 22 | importing distributors. An airplane licensee shall also
permit | ||||||
| 23 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
| 24 | airplane regularly operated by a common carrier in this State, | ||||||
| 25 | but shall
not permit the sale for resale of any alcoholic | ||||||
| 26 | liquors to any licensee
within this State. A single airplane | ||||||
| |||||||
| |||||||
| 1 | license shall be required of an
airline company if liquor | ||||||
| 2 | service is provided on board aircraft in this
State. The annual | ||||||
| 3 | fee for such license shall be as determined in
Section 5-3. | ||||||
| 4 | (k) A foreign importer's license shall permit such licensee | ||||||
| 5 | to purchase
alcoholic liquor from Illinois licensed | ||||||
| 6 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
| 7 | than in bulk from any point outside the
United States and to | ||||||
| 8 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
| 9 | distributors and to no one else in Illinois;
provided that (i) | ||||||
| 10 | the foreign importer registers with the State Commission
every
| ||||||
| 11 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
| 12 | licensees during the
license period, (ii) the foreign importer | ||||||
| 13 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
| 14 | with respect to registration of such Illinois licensees as may
| ||||||
| 15 | be granted the
right to sell such brands at wholesale, and | ||||||
| 16 | (iii) the foreign importer complies with the provisions of | ||||||
| 17 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
| 18 | provisions apply to manufacturers. | ||||||
| 19 | (l) (i) A broker's license shall be required of all persons
| ||||||
| 20 | who solicit
orders for, offer to sell or offer to supply | ||||||
| 21 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
| 22 | offer to retailers to ship or
cause to be shipped or to make | ||||||
| 23 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
| 24 | or any other party within or without the State
of Illinois in | ||||||
| 25 | order that alcoholic liquors be shipped to a distributor,
| ||||||
| 26 | importing distributor or foreign importer, whether such | ||||||
| |||||||
| |||||||
| 1 | solicitation or
offer is consummated within or without the | ||||||
| 2 | State of Illinois. | ||||||
| 3 | No holder of a retailer's license issued by the Illinois | ||||||
| 4 | Liquor
Control Commission shall purchase or receive any | ||||||
| 5 | alcoholic liquor, the
order for which was solicited or offered | ||||||
| 6 | for sale to such retailer by a
broker unless the broker is the | ||||||
| 7 | holder of a valid broker's license. | ||||||
| 8 | The broker shall, upon the acceptance by a retailer of the | ||||||
| 9 | broker's
solicitation of an order or offer to sell or supply or | ||||||
| 10 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
| 11 | to the Illinois Liquor
Control Commission a notification of | ||||||
| 12 | said transaction in such form as
the Commission may by | ||||||
| 13 | regulations prescribe. | ||||||
| 14 | (ii) A broker's license shall be required of
a person | ||||||
| 15 | within this State, other than a retail licensee,
who, for a fee | ||||||
| 16 | or commission, promotes, solicits, or accepts orders for
| ||||||
| 17 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
| 18 | be shipped from this State and delivered to residents outside | ||||||
| 19 | of
this State by an express company, common carrier, or | ||||||
| 20 | contract carrier.
This Section does not apply to any person who | ||||||
| 21 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
| 22 | authorized in Section 6-29 of this Act. | ||||||
| 23 | A broker's license under this subsection (l)
shall not | ||||||
| 24 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
| 25 | own account or to take or deliver title to
such alcoholic | ||||||
| 26 | liquors. | ||||||
| |||||||
| |||||||
| 1 | This subsection (l)
shall not apply to distributors, | ||||||
| 2 | employees of
distributors, or employees of a manufacturer who | ||||||
| 3 | has registered the
trademark, brand or name of the alcoholic | ||||||
| 4 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
| 5 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
| 6 | its registrants thereunder. | ||||||
| 7 | Any agent, representative, or person subject to | ||||||
| 8 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
| 9 | not be eligible to receive a broker's
license. | ||||||
| 10 | (m) A non-resident dealer's license shall permit such | ||||||
| 11 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
| 12 | State from any point
outside of this State, and to sell such | ||||||
| 13 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
| 14 | importing distributors and to no one else in this State;
| ||||||
| 15 | provided that (i) said non-resident dealer shall register with | ||||||
| 16 | the Illinois Liquor
Control Commission each and every brand of | ||||||
| 17 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
| 18 | licensees during the license period, (ii) it shall comply with | ||||||
| 19 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
| 20 | registration of such Illinois licensees as may be granted the | ||||||
| 21 | right
to sell such brands at wholesale, and (iii) the | ||||||
| 22 | non-resident dealer shall comply with the provisions of | ||||||
| 23 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
| 24 | provisions apply to manufacturers. No person licensed as a | ||||||
| 25 | non-resident dealer shall be granted a distributor's or | ||||||
| 26 | importing distributor's license. | ||||||
| |||||||
| |||||||
| 1 | (n) A brew pub license shall allow the licensee to only (i) | ||||||
| 2 | manufacture up to 155,000 gallons of beer per year only
on the | ||||||
| 3 | premises specified in the license, (ii) make sales of the
beer | ||||||
| 4 | manufactured on the premises or, with the approval of the | ||||||
| 5 | Commission, beer manufactured on another brew pub licensed | ||||||
| 6 | premises that is wholly owned and operated by the same licensee | ||||||
| 7 | to importing distributors, distributors,
and to non-licensees | ||||||
| 8 | for use and consumption, (iii) store the beer upon
the | ||||||
| 9 | premises, (iv) sell and offer for sale at retail from the | ||||||
| 10 | licensed
premises for off-premises
consumption no more than | ||||||
| 11 | 155,000 gallons per year so long as such sales are only made | ||||||
| 12 | in-person, (v) sell and offer for sale at retail for use and | ||||||
| 13 | consumption on the premises specified in the license any form | ||||||
| 14 | of alcoholic liquor purchased from a licensed distributor or | ||||||
| 15 | importing distributor, and (vi) with the prior approval of the | ||||||
| 16 | Commission, annually transfer no more than 155,000 gallons of | ||||||
| 17 | beer manufactured on the premises to a licensed brew pub wholly | ||||||
| 18 | owned and operated by the same licensee. | ||||||
| 19 | A brew pub licensee shall not under any circumstance sell | ||||||
| 20 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
| 21 | retail licensees. | ||||||
| 22 | A person who holds a class 2 brewer license may | ||||||
| 23 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
| 24 | (i) does not, under any circumstance, sell or offer for sale | ||||||
| 25 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
| 26 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
| |||||||
| |||||||
| 1 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
| 2 | gallons of beer per year, including the beer manufactured at | ||||||
| 3 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
| 4 | directly or indirectly, a manufacturer that produces more than | ||||||
| 5 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
| 6 | liquor. | ||||||
| 7 | Notwithstanding any other provision of this Act, a licensed | ||||||
| 8 | brewer, class 2 brewer, or non-resident dealer who before July | ||||||
| 9 | 1, 2015 manufactured less than 3,720,000 gallons of beer per | ||||||
| 10 | year and held a brew pub license on or before July 1, 2015 may | ||||||
| 11 | (i) continue to qualify for and hold that brew pub license for | ||||||
| 12 | the licensed premises and (ii) manufacture more than 3,720,000 | ||||||
| 13 | gallons of beer per year and continue to qualify for and hold | ||||||
| 14 | that brew pub license if that brewer, class 2 brewer, or | ||||||
| 15 | non-resident dealer does not simultaneously hold a class 1 | ||||||
| 16 | brewer license and is not a member of or affiliated with, | ||||||
| 17 | directly or indirectly, a manufacturer that produces more than | ||||||
| 18 | 3,720,000 gallons of beer per year or that produces any other | ||||||
| 19 | alcoholic liquor. | ||||||
| 20 | (o) A caterer retailer license shall allow the holder
to | ||||||
| 21 | serve alcoholic liquors as an incidental part of a food service | ||||||
| 22 | that serves
prepared meals which excludes the serving of snacks | ||||||
| 23 | as
the primary meal, either on or off-site whether licensed or | ||||||
| 24 | unlicensed. | ||||||
| 25 | (p) An auction liquor license shall allow the licensee to | ||||||
| 26 | sell and offer
for sale at auction wine and spirits for use or | ||||||
| |||||||
| |||||||
| 1 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
| 2 | accordance with provisions of this Act. An
auction liquor | ||||||
| 3 | license will be issued to a person and it will permit the
| ||||||
| 4 | auction liquor licensee to hold the auction anywhere in the | ||||||
| 5 | State. An auction
liquor license must be obtained for each | ||||||
| 6 | auction at least 14 days in advance of
the auction date. | ||||||
| 7 | (q) A special use permit license shall allow an Illinois | ||||||
| 8 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
| 9 | inventory from its
retail licensed premises to the premises | ||||||
| 10 | specified in the license hereby
created, and to sell or offer | ||||||
| 11 | for sale at retail, only in the premises
specified in the | ||||||
| 12 | license hereby created, the transferred alcoholic liquor for
| ||||||
| 13 | use or consumption, but not for resale in any form. A special | ||||||
| 14 | use permit
license may be granted for the following time | ||||||
| 15 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
| 16 | per location in any 12-month 12 month period. An
applicant for | ||||||
| 17 | the special use permit license must also submit with the
| ||||||
| 18 | application proof satisfactory to the State Commission that the | ||||||
| 19 | applicant will
provide dram shop liability insurance to the | ||||||
| 20 | maximum limits and have local
authority approval. | ||||||
| 21 | (r) A winery shipper's license shall allow a person
with a | ||||||
| 22 | first-class or second-class wine manufacturer's
license, a | ||||||
| 23 | first-class or second-class wine-maker's license,
or a limited | ||||||
| 24 | wine manufacturer's license or who is licensed to
make wine | ||||||
| 25 | under the laws of another state to ship wine
made by that | ||||||
| 26 | licensee directly to a resident of this
State who is 21 years | ||||||
| |||||||
| |||||||
| 1 | of age or older for that resident's
personal use and not for | ||||||
| 2 | resale. Prior to receiving a
winery shipper's license, an | ||||||
| 3 | applicant for the license must
provide the Commission with a | ||||||
| 4 | true copy of its current
license in any state in which it is | ||||||
| 5 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
| 6 | shipper's license must
also complete an application form that | ||||||
| 7 | provides any other
information the Commission deems necessary. | ||||||
| 8 | The application form shall include all addresses from which the | ||||||
| 9 | applicant for a winery shipper's license intends to ship wine, | ||||||
| 10 | including the name and address of any third party, except for a | ||||||
| 11 | common carrier, authorized to ship wine on behalf of the | ||||||
| 12 | manufacturer. The
application form shall include an | ||||||
| 13 | acknowledgement consenting
to the jurisdiction of the | ||||||
| 14 | Commission, the Illinois
Department of Revenue, and the courts | ||||||
| 15 | of this State concerning
the enforcement of this Act and any | ||||||
| 16 | related laws, rules, and
regulations, including authorizing | ||||||
| 17 | the Department of Revenue
and the Commission to conduct audits | ||||||
| 18 | for the purpose of
ensuring compliance with Public Act 95-634, | ||||||
| 19 | and an acknowledgement that the wine manufacturer is in | ||||||
| 20 | compliance with Section 6-2 of this Act. Any third party, | ||||||
| 21 | except for a common carrier, authorized to ship wine on behalf | ||||||
| 22 | of a first-class or second-class wine manufacturer's licensee, | ||||||
| 23 | a first-class or second-class wine-maker's licensee, a limited | ||||||
| 24 | wine manufacturer's licensee, or a person who is licensed to | ||||||
| 25 | make wine under the laws of another state shall also be | ||||||
| 26 | disclosed by the winery shipper's licensee, and a copy of the | ||||||
| |||||||
| |||||||
| 1 | written appointment of the third-party wine provider, except | ||||||
| 2 | for a common carrier, to the wine manufacturer shall be filed | ||||||
| 3 | with the State Commission as a supplement to the winery | ||||||
| 4 | shipper's license application or any renewal thereof. The | ||||||
| 5 | winery shipper's license holder shall affirm under penalty of | ||||||
| 6 | perjury, as part of the winery shipper's license application or | ||||||
| 7 | renewal, that he or she only ships wine, either directly or | ||||||
| 8 | indirectly through a third-party provider, from the licensee's | ||||||
| 9 | own production. | ||||||
| 10 | Except for a common carrier, a third-party provider | ||||||
| 11 | shipping wine on behalf of a winery shipper's license holder is | ||||||
| 12 | the agent of the winery shipper's license holder and, as such, | ||||||
| 13 | a winery shipper's license holder is responsible for the acts | ||||||
| 14 | and omissions of the third-party provider acting on behalf of | ||||||
| 15 | the license holder. A third-party provider, except for a common | ||||||
| 16 | carrier, that engages in shipping wine into Illinois on behalf | ||||||
| 17 | of a winery shipper's license holder shall consent to the | ||||||
| 18 | jurisdiction of the State Commission and the State. Any | ||||||
| 19 | third-party, except for a common carrier, holding such an | ||||||
| 20 | appointment shall, by February 1 of each calendar year, file | ||||||
| 21 | with the State Commission a statement detailing each shipment | ||||||
| 22 | made to an Illinois resident. The State Commission shall adopt | ||||||
| 23 | rules as soon as practicable to implement the requirements of | ||||||
| 24 | Public Act 99-904 this amendatory Act of the 99th General | ||||||
| 25 | Assembly and shall adopt rules prohibiting any such third-party | ||||||
| 26 | appointment of a third-party provider, except for a common | ||||||
| |||||||
| |||||||
| 1 | carrier, that has been deemed by the State Commission to have | ||||||
| 2 | violated the provisions of this Act with regard to any winery | ||||||
| 3 | shipper licensee. | ||||||
| 4 | A winery shipper licensee must pay to the Department
of | ||||||
| 5 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
| 6 | all wine that is sold by the licensee and shipped to a person
| ||||||
| 7 | in this State. For the purposes of Section 8-1, a winery
| ||||||
| 8 | shipper licensee shall be taxed in the same manner as a
| ||||||
| 9 | manufacturer of wine. A licensee who is not otherwise required | ||||||
| 10 | to register under the Retailers' Occupation Tax Act must
| ||||||
| 11 | register under the Use Tax Act to collect and remit use tax to
| ||||||
| 12 | the Department of Revenue for all gallons of wine that are sold
| ||||||
| 13 | by the licensee and shipped to persons in this State. If a
| ||||||
| 14 | licensee fails to remit the tax imposed under this Act in
| ||||||
| 15 | accordance with the provisions of Article VIII of this Act, the
| ||||||
| 16 | winery shipper's license shall be revoked in accordance
with | ||||||
| 17 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
| 18 | to properly register and remit tax under the Use Tax Act
or the | ||||||
| 19 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
| 20 | winery shipper and shipped to persons in this
State, the winery | ||||||
| 21 | shipper's license shall be revoked in
accordance with the | ||||||
| 22 | provisions of Article VII of this Act. | ||||||
| 23 | A winery shipper licensee must collect, maintain, and
| ||||||
| 24 | submit to the Commission on a semi-annual basis the
total | ||||||
| 25 | number of cases per resident of wine shipped to residents
of | ||||||
| 26 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
| |||||||
| |||||||
| 1 | must comply with the requirements of Section 6-29 of this Act. | ||||||
| 2 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||||||
| 3 | Section 3-12, the State Commission may receive, respond to, and | ||||||
| 4 | investigate any complaint and impose any of the remedies | ||||||
| 5 | specified in paragraph (1) of subsection (a) of Section 3-12. | ||||||
| 6 | (s) A craft distiller tasting permit license shall allow an | ||||||
| 7 | Illinois licensed craft distiller to transfer a portion of its | ||||||
| 8 | alcoholic liquor inventory from its craft distiller licensed | ||||||
| 9 | premises to the premises specified in the license hereby | ||||||
| 10 | created and to conduct a sampling, only in the premises | ||||||
| 11 | specified in the license hereby created, of the transferred | ||||||
| 12 | alcoholic liquor in accordance with subsection (c) of Section | ||||||
| 13 | 6-31 of this Act. The transferred alcoholic liquor may not be | ||||||
| 14 | sold or resold in any form. An applicant for the craft | ||||||
| 15 | distiller tasting permit license must also submit with the | ||||||
| 16 | application proof satisfactory to the State Commission that the | ||||||
| 17 | applicant will provide dram shop liability insurance to the | ||||||
| 18 | maximum limits and have local authority approval. | ||||||
| 19 | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | ||||||
| 20 | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff. | ||||||
| 21 | 7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, | ||||||
| 22 | eff. 1-1-17; revised 9-15-16.)
| ||||||
| 23 | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
| ||||||
| 24 | Sec. 6-30. Notwithstanding any other provision of this Act, | ||||||
| 25 | the
Illinois Gaming Board shall have exclusive authority to | ||||||
| |||||||
| |||||||
| 1 | establish the hours
for sale and consumption of alcoholic | ||||||
| 2 | liquor on board a riverboat during
riverboat gambling | ||||||
| 3 | excursions and in a casino conducted in accordance with the | ||||||
| 4 | Illinois Riverboat
Gambling Act.
| ||||||
| 5 | (Source: P.A. 87-826.)
| ||||||
| 6 | Section 90-46. The Illinois Public Aid Code is amended by | ||||||
| 7 | changing Section 10-17.15 as follows:
| ||||||
| 8 | (305 ILCS 5/10-17.15) | ||||||
| 9 | Sec. 10-17.15. Certification of information to State | ||||||
| 10 | gaming licensees. | ||||||
| 11 | (a) For purposes of this Section, "State gaming licensee" | ||||||
| 12 | means, as applicable, an organization licensee or advance | ||||||
| 13 | deposit wagering licensee licensed under the Illinois Horse | ||||||
| 14 | Racing Act of 1975, an owners licensee licensed under the | ||||||
| 15 | Illinois Riverboat Gambling Act, or a licensee that operates, | ||||||
| 16 | under any law of this State, one or more facilities or gaming | ||||||
| 17 | locations at which lawful gambling is authorized and licensed | ||||||
| 18 | as provided in the Illinois Riverboat Gambling Act. | ||||||
| 19 | (b) The Department may provide, by rule, for certification | ||||||
| 20 | to any State gaming licensee of past due child support owed by | ||||||
| 21 | a responsible relative under a support order entered by a court | ||||||
| 22 | or administrative body of this or any other State on behalf of | ||||||
| 23 | a resident or non-resident receiving child support services | ||||||
| 24 | under this Article in accordance with the requirements of Title | ||||||
| |||||||
| |||||||
| 1 | IV-D, Part D, of the Social Security Act. The State gaming | ||||||
| 2 | licensee shall have the ability to withhold from winnings | ||||||
| 3 | required to be reported to the Internal Revenue Service on Form | ||||||
| 4 | W-2G, up to the full amount of winnings necessary to pay the | ||||||
| 5 | winner's past due child support. The rule shall provide for | ||||||
| 6 | notice to and an opportunity to be heard by each responsible | ||||||
| 7 | relative affected and any final administrative decision | ||||||
| 8 | rendered by the Department shall be reviewed only under and in | ||||||
| 9 | accordance with the Administrative Review Law. | ||||||
| 10 | (c) For withholding of winnings, the State gaming licensee | ||||||
| 11 | shall be entitled to an administrative fee not to exceed the | ||||||
| 12 | lesser of 4% of the total amount of cash winnings paid to the | ||||||
| 13 | gambling winner or $150. | ||||||
| 14 | (d) In no event may the total amount withheld from the cash | ||||||
| 15 | payout, including the administrative fee, exceed the total cash | ||||||
| 16 | winnings claimed by the obligor. If the cash payout claimed is | ||||||
| 17 | greater than the amount sufficient to satisfy the obligor's | ||||||
| 18 | delinquent child support payments, the State gaming licensee | ||||||
| 19 | shall pay the obligor the remaining balance of the payout, less | ||||||
| 20 | the administrative fee authorized by subsection (c) of this | ||||||
| 21 | Section, at the time it is claimed. | ||||||
| 22 | (e) A State gaming licensee who in good faith complies with | ||||||
| 23 | the requirements of this Section shall not be liable to the | ||||||
| 24 | gaming winner or any other individual or entity.
| ||||||
| 25 | (Source: P.A. 98-318, eff. 8-12-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 90-47. The Firearm Concealed Carry Act is amended | ||||||
| 2 | by changing Section 65 as follows:
| ||||||
| 3 | (430 ILCS 66/65)
| ||||||
| 4 | Sec. 65. Prohibited areas. | ||||||
| 5 | (a) A licensee under this Act shall not knowingly carry a | ||||||
| 6 | firearm on or into: | ||||||
| 7 | (1) Any building, real property, and parking area under | ||||||
| 8 | the control of a public or private elementary or secondary | ||||||
| 9 | school. | ||||||
| 10 | (2) Any building, real property, and parking area under | ||||||
| 11 | the control of a pre-school or child care facility, | ||||||
| 12 | including any room or portion of a building under the | ||||||
| 13 | control of a pre-school or child care facility. Nothing in | ||||||
| 14 | this paragraph shall prevent the operator of a child care | ||||||
| 15 | facility in a family home from owning or possessing a | ||||||
| 16 | firearm in the home or license under this Act, if no child | ||||||
| 17 | under child care at the home is present in the home or the | ||||||
| 18 | firearm in the home is stored in a locked container when a | ||||||
| 19 | child under child care at the home is present in the home. | ||||||
| 20 | (3) Any building, parking area, or portion of a | ||||||
| 21 | building under the control of an officer of the executive | ||||||
| 22 | or legislative branch of government, provided that nothing | ||||||
| 23 | in this paragraph shall prohibit a licensee from carrying a | ||||||
| 24 | concealed firearm onto the real property, bikeway, or trail | ||||||
| 25 | in a park regulated by the Department of Natural Resources | ||||||
| |||||||
| |||||||
| 1 | or any other designated public hunting area or building | ||||||
| 2 | where firearm possession is permitted as established by the | ||||||
| 3 | Department of Natural Resources under Section 1.8 of the | ||||||
| 4 | Wildlife Code. | ||||||
| 5 | (4) Any building designated for matters before a | ||||||
| 6 | circuit court, appellate court, or the Supreme Court, or | ||||||
| 7 | any building or portion of a building under the control of | ||||||
| 8 | the Supreme Court. | ||||||
| 9 | (5) Any building or portion of a building under the | ||||||
| 10 | control of a unit of local government. | ||||||
| 11 | (6) Any building, real property, and parking area under | ||||||
| 12 | the control of an adult or juvenile detention or | ||||||
| 13 | correctional institution, prison, or jail. | ||||||
| 14 | (7) Any building, real property, and parking area under | ||||||
| 15 | the control of a public or private hospital or hospital | ||||||
| 16 | affiliate, mental health facility, or nursing home. | ||||||
| 17 | (8) Any bus, train, or form of transportation paid for | ||||||
| 18 | in whole or in part with public funds, and any building, | ||||||
| 19 | real property, and parking area under the control of a | ||||||
| 20 | public transportation facility paid for in whole or in part | ||||||
| 21 | with public funds. | ||||||
| 22 | (9) Any building, real property, and parking area under | ||||||
| 23 | the control of an establishment that serves alcohol on its | ||||||
| 24 | premises, if more than 50% of the establishment's gross | ||||||
| 25 | receipts within the prior 3 months is from the sale of | ||||||
| 26 | alcohol. The owner of an establishment who knowingly fails | ||||||
| |||||||
| |||||||
| 1 | to prohibit concealed firearms on its premises as provided | ||||||
| 2 | in this paragraph or who knowingly makes a false statement | ||||||
| 3 | or record to avoid the prohibition on concealed firearms | ||||||
| 4 | under this paragraph is subject to the penalty under | ||||||
| 5 | subsection (c-5) of Section 10-1 of the Liquor Control Act | ||||||
| 6 | of 1934. | ||||||
| 7 | (10) Any public gathering or special event conducted on | ||||||
| 8 | property open to the public that requires the issuance of a | ||||||
| 9 | permit from the unit of local government, provided this | ||||||
| 10 | prohibition shall not apply to a licensee who must walk | ||||||
| 11 | through a public gathering in order to access his or her | ||||||
| 12 | residence, place of business, or vehicle. | ||||||
| 13 | (11) Any building or real property that has been issued | ||||||
| 14 | a Special Event Retailer's license as defined in Section | ||||||
| 15 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
| 16 | designated for the sale of alcohol by the Special Event | ||||||
| 17 | Retailer's license, or a Special use permit license as | ||||||
| 18 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
| 19 | Control Act during the time designated for the sale of | ||||||
| 20 | alcohol by the Special use permit license. | ||||||
| 21 | (12) Any public playground. | ||||||
| 22 | (13) Any public park, athletic area, or athletic | ||||||
| 23 | facility under the control of a municipality or park | ||||||
| 24 | district, provided nothing in this Section shall prohibit a | ||||||
| 25 | licensee from carrying a concealed firearm while on a trail | ||||||
| 26 | or bikeway if only a portion of the trail or bikeway | ||||||
| |||||||
| |||||||
| 1 | includes a public park. | ||||||
| 2 | (14) Any real property under the control of the Cook | ||||||
| 3 | County Forest Preserve District. | ||||||
| 4 | (15) Any building, classroom, laboratory, medical | ||||||
| 5 | clinic, hospital, artistic venue, athletic venue, | ||||||
| 6 | entertainment venue, officially recognized | ||||||
| 7 | university-related organization property, whether owned or | ||||||
| 8 | leased, and any real property, including parking areas, | ||||||
| 9 | sidewalks, and common areas under the control of a public | ||||||
| 10 | or private community college, college, or university. | ||||||
| 11 | (16) Any building, real property, or parking area under | ||||||
| 12 | the control of a gaming facility licensed under the | ||||||
| 13 | Illinois Riverboat Gambling Act or the Illinois Horse | ||||||
| 14 | Racing Act of 1975, including an inter-track wagering | ||||||
| 15 | location licensee. | ||||||
| 16 | (17) Any stadium, arena, or the real property or | ||||||
| 17 | parking area under the control of a stadium, arena, or any | ||||||
| 18 | collegiate or professional sporting event. | ||||||
| 19 | (18) Any building, real property, or parking area under | ||||||
| 20 | the control of a public library. | ||||||
| 21 | (19) Any building, real property, or parking area under | ||||||
| 22 | the control of an airport. | ||||||
| 23 | (20) Any building, real property, or parking area under | ||||||
| 24 | the control of an amusement park. | ||||||
| 25 | (21) Any building, real property, or parking area under | ||||||
| 26 | the control of a zoo or museum. | ||||||
| |||||||
| |||||||
| 1 | (22) Any street, driveway, parking area, property, | ||||||
| 2 | building, or facility, owned, leased, controlled, or used | ||||||
| 3 | by a nuclear energy, storage, weapons, or development site | ||||||
| 4 | or facility regulated by the federal Nuclear Regulatory | ||||||
| 5 | Commission. The licensee shall not under any circumstance | ||||||
| 6 | store a firearm or ammunition in his or her vehicle or in a | ||||||
| 7 | compartment or container within a vehicle located anywhere | ||||||
| 8 | in or on the street, driveway, parking area, property, | ||||||
| 9 | building, or facility described in this paragraph. | ||||||
| 10 | (23) Any area where firearms are prohibited under | ||||||
| 11 | federal law. | ||||||
| 12 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
| 13 | private community college, college, or university from: | ||||||
| 14 | (1) prohibiting persons from carrying a firearm within | ||||||
| 15 | a vehicle owned, leased, or controlled by the college or | ||||||
| 16 | university; | ||||||
| 17 | (2) developing resolutions, regulations, or policies | ||||||
| 18 | regarding student, employee, or visitor misconduct and | ||||||
| 19 | discipline, including suspension and expulsion; | ||||||
| 20 | (3) developing resolutions, regulations, or policies | ||||||
| 21 | regarding the storage or maintenance of firearms, which | ||||||
| 22 | must include designated areas where persons can park | ||||||
| 23 | vehicles that carry firearms; and | ||||||
| 24 | (4) permitting the carrying or use of firearms for the | ||||||
| 25 | purpose of instruction and curriculum of officially | ||||||
| 26 | recognized programs, including but not limited to military | ||||||
| |||||||
| |||||||
| 1 | science and law enforcement training programs, or in any | ||||||
| 2 | designated area used for hunting purposes or target | ||||||
| 3 | shooting. | ||||||
| 4 | (a-10) The owner of private real property of any type may | ||||||
| 5 | prohibit the carrying of concealed firearms on the property | ||||||
| 6 | under his or her control. The owner must post a sign in | ||||||
| 7 | accordance with subsection (d) of this Section indicating that | ||||||
| 8 | firearms are prohibited on the property, unless the property is | ||||||
| 9 | a private residence. | ||||||
| 10 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
| 11 | this Section except under paragraph (22) or (23) of subsection | ||||||
| 12 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
| 13 | into the parking area of a prohibited location specified in | ||||||
| 14 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
| 15 | permitted to carry a concealed firearm on or about his or her | ||||||
| 16 | person within a vehicle into the parking area and may store a | ||||||
| 17 | firearm or ammunition concealed in a case within a locked | ||||||
| 18 | vehicle or locked container out of plain view within the | ||||||
| 19 | vehicle in the parking area. A licensee may carry a concealed | ||||||
| 20 | firearm in the immediate area surrounding his or her vehicle | ||||||
| 21 | within a prohibited parking lot area only for the limited | ||||||
| 22 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
| 23 | trunk. For purposes of this subsection, "case" includes a glove | ||||||
| 24 | compartment or console that completely encloses the concealed | ||||||
| 25 | firearm or ammunition, the trunk of the vehicle, or a firearm | ||||||
| 26 | carrying box, shipping box, or other container. | ||||||
| |||||||
| |||||||
| 1 | (c) A licensee shall not be in violation of this Section | ||||||
| 2 | while he or she is traveling along a public right of way that | ||||||
| 3 | touches or crosses any of the premises under subsection (a), | ||||||
| 4 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
| 5 | carried on his or her person in accordance with the provisions | ||||||
| 6 | of this Act or is being transported in a vehicle by the | ||||||
| 7 | licensee in accordance with all other applicable provisions of | ||||||
| 8 | law. | ||||||
| 9 | (d) Signs stating that the carrying of firearms is | ||||||
| 10 | prohibited shall be clearly and conspicuously posted at the | ||||||
| 11 | entrance of a building, premises, or real property specified in | ||||||
| 12 | this Section as a prohibited area, unless the building or | ||||||
| 13 | premises is a private residence. Signs shall be of a uniform | ||||||
| 14 | design as established by the Department and shall be 4 inches | ||||||
| 15 | by 6 inches in size. The Department shall adopt rules for | ||||||
| 16 | standardized signs to be used under this subsection.
| ||||||
| 17 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
| ||||||
| 18 | Section 90-50. The Criminal Code of 2012 is amended by | ||||||
| 19 | changing Sections 28-1, 28-1.1, 28-3,
28-5, and 28-7 as | ||||||
| 20 | follows:
| ||||||
| 21 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
| 22 | Sec. 28-1. Gambling.
| ||||||
| 23 | (a) A person commits gambling when he or she:
| ||||||
| 24 | (1) knowingly plays a game of chance or skill for money | ||||||
| |||||||
| |||||||
| 1 | or other thing of
value, unless excepted in subsection (b) | ||||||
| 2 | of this Section;
| ||||||
| 3 | (2) knowingly makes a wager upon the result of any | ||||||
| 4 | game, contest, or any
political nomination, appointment or | ||||||
| 5 | election;
| ||||||
| 6 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
| 7 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
| 8 | manufactures or distributes any
gambling device;
| ||||||
| 9 | (4) contracts to have or give himself or herself or | ||||||
| 10 | another the option to buy
or sell, or contracts to buy or | ||||||
| 11 | sell, at a future time, any grain or
other commodity | ||||||
| 12 | whatsoever, or any stock or security of any company,
where | ||||||
| 13 | it is at the time of making such contract intended by both | ||||||
| 14 | parties
thereto that the contract to buy or sell, or the | ||||||
| 15 | option, whenever
exercised, or the contract resulting | ||||||
| 16 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
| 17 | of such property, but by the payment only of
differences in | ||||||
| 18 | prices thereof; however, the issuance, purchase, sale,
| ||||||
| 19 | exercise, endorsement or guarantee, by or through a person | ||||||
| 20 | registered
with the Secretary of State pursuant to Section | ||||||
| 21 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
| 22 | a person exempt from such
registration under said Section | ||||||
| 23 | 8, of a put, call, or other option to
buy or sell | ||||||
| 24 | securities which have been registered with the Secretary of
| ||||||
| 25 | State or which are exempt from such registration under | ||||||
| 26 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
| |||||||
| |||||||
| 1 | gambling within the meaning of
this paragraph (4);
| ||||||
| 2 | (5) knowingly owns or possesses any book, instrument or | ||||||
| 3 | apparatus by
means of which bets or wagers have been, or | ||||||
| 4 | are, recorded or registered,
or knowingly possesses any | ||||||
| 5 | money which he has received in the course of
a bet or | ||||||
| 6 | wager;
| ||||||
| 7 | (6) knowingly sells pools upon the result of any game | ||||||
| 8 | or contest of skill or
chance, political nomination, | ||||||
| 9 | appointment or election;
| ||||||
| 10 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
| 11 | offers to sell or
transfers any ticket or share for any | ||||||
| 12 | lottery;
| ||||||
| 13 | (8) knowingly sets up or promotes any policy game or | ||||||
| 14 | sells, offers to sell or
knowingly possesses or transfers | ||||||
| 15 | any policy ticket, slip, record,
document or other similar | ||||||
| 16 | device;
| ||||||
| 17 | (9) knowingly drafts, prints or publishes any lottery | ||||||
| 18 | ticket or share,
or any policy ticket, slip, record, | ||||||
| 19 | document or similar device, except for
such activity | ||||||
| 20 | related to lotteries, bingo games and raffles authorized by
| ||||||
| 21 | and conducted in accordance with the laws of Illinois or | ||||||
| 22 | any other state or
foreign government;
| ||||||
| 23 | (10) knowingly advertises any lottery or policy game, | ||||||
| 24 | except for such
activity related to lotteries, bingo games | ||||||
| 25 | and raffles authorized by and
conducted in accordance with | ||||||
| 26 | the laws of Illinois or any other state;
| ||||||
| |||||||
| |||||||
| 1 | (11) knowingly transmits information as to wagers, | ||||||
| 2 | betting odds, or
changes in betting odds by telephone, | ||||||
| 3 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
| 4 | installs or maintains equipment for the
transmission or | ||||||
| 5 | receipt of such information; except that nothing in this
| ||||||
| 6 | subdivision (11) prohibits transmission or receipt of such | ||||||
| 7 | information
for use in news reporting of sporting events or | ||||||
| 8 | contests; or
| ||||||
| 9 | (12) knowingly establishes, maintains, or operates an | ||||||
| 10 | Internet site that
permits a person to play a game of
| ||||||
| 11 | chance or skill for money or other thing of value by means | ||||||
| 12 | of the Internet or
to make a wager upon the
result of any | ||||||
| 13 | game, contest, political nomination, appointment, or
| ||||||
| 14 | election by means of the Internet. This item (12) does not | ||||||
| 15 | apply to activities referenced in items (6) and (6.1) of | ||||||
| 16 | subsection (b) of this Section.
| ||||||
| 17 | (b) Participants in any of the following activities shall | ||||||
| 18 | not be
convicted of gambling:
| ||||||
| 19 | (1) Agreements to compensate for loss caused by the | ||||||
| 20 | happening of
chance including without limitation contracts | ||||||
| 21 | of indemnity or guaranty
and life or health or accident | ||||||
| 22 | insurance.
| ||||||
| 23 | (2) Offers of prizes, award or compensation to the | ||||||
| 24 | actual
contestants in any bona fide contest for the | ||||||
| 25 | determination of skill,
speed, strength or endurance or to | ||||||
| 26 | the owners of animals or vehicles
entered in such contest.
| ||||||
| |||||||
| |||||||
| 1 | (3) Pari-mutuel betting as authorized by the law of | ||||||
| 2 | this State.
| ||||||
| 3 | (4) Manufacture of gambling devices, including the | ||||||
| 4 | acquisition of
essential parts therefor and the assembly | ||||||
| 5 | thereof, for transportation in
interstate or foreign | ||||||
| 6 | commerce to any place outside this State when such
| ||||||
| 7 | transportation is not prohibited by any applicable Federal | ||||||
| 8 | law; or the
manufacture, distribution, or possession of | ||||||
| 9 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
| 10 | by manufacturers, distributors, and
terminal operators | ||||||
| 11 | licensed to do so under the Video Gaming Act.
| ||||||
| 12 | (5) The game commonly known as "bingo", when conducted | ||||||
| 13 | in accordance
with the Bingo License and Tax Act.
| ||||||
| 14 | (6) Lotteries when conducted by the State of Illinois | ||||||
| 15 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
| 16 | includes any activity conducted by the Department of | ||||||
| 17 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
| 18 | of the Illinois Lottery Law and its rules.
| ||||||
| 19 | (6.1) The purchase of lottery tickets through the | ||||||
| 20 | Internet for a lottery conducted by the State of Illinois | ||||||
| 21 | under the program established in Section 7.12 of the | ||||||
| 22 | Illinois Lottery Law.
| ||||||
| 23 | (7) Possession of an antique slot machine that is | ||||||
| 24 | neither used nor
intended to be used in the operation or | ||||||
| 25 | promotion of any unlawful
gambling activity or enterprise. | ||||||
| 26 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
| |||||||
| |||||||
| 1 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
| 2 | (8) Raffles and poker runs when conducted in accordance | ||||||
| 3 | with the Raffles and Poker Runs Act.
| ||||||
| 4 | (9) Charitable games when conducted in accordance with | ||||||
| 5 | the Charitable
Games Act.
| ||||||
| 6 | (10) Pull tabs and jar games when conducted under the | ||||||
| 7 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
| 8 | (11) Gambling games conducted on riverboats when
| ||||||
| 9 | authorized by the Illinois Riverboat Gambling Act.
| ||||||
| 10 | (12) Video gaming terminal games at a licensed | ||||||
| 11 | establishment, licensed truck stop establishment,
licensed
| ||||||
| 12 | fraternal establishment, or licensed veterans | ||||||
| 13 | establishment when
conducted in accordance with the Video | ||||||
| 14 | Gaming Act. | ||||||
| 15 | (13) Games of skill or chance where money or other | ||||||
| 16 | things of value can be won but no payment or purchase is | ||||||
| 17 | required to participate. | ||||||
| 18 | (14) Savings promotion raffles authorized under | ||||||
| 19 | Section 5g of the Illinois Banking Act, Section 7008 of the | ||||||
| 20 | Savings Bank Act, Section 42.7 of the Illinois Credit Union | ||||||
| 21 | Act, Section 5136B of the National Bank Act (12 U.S.C. | ||||||
| 22 | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | ||||||
| 23 | 1463). | ||||||
| 24 | (c) Sentence.
| ||||||
| 25 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
| 26 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
| |||||||
| |||||||
| 1 | 4 felony.
| ||||||
| 2 | (d) Circumstantial evidence.
| ||||||
| 3 | In prosecutions under
this
Section circumstantial evidence | ||||||
| 4 | shall have the same validity and weight as
in any criminal | ||||||
| 5 | prosecution.
| ||||||
| 6 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
| ||||||
| 7 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
| 8 | Sec. 28-1.1. Syndicated gambling.
| ||||||
| 9 | (a) Declaration of Purpose. Recognizing the close | ||||||
| 10 | relationship between
professional gambling and other organized | ||||||
| 11 | crime, it is declared to be the
policy of the legislature to | ||||||
| 12 | restrain persons from engaging in the business
of gambling for | ||||||
| 13 | profit in this State. This Section shall be liberally
construed | ||||||
| 14 | and administered with a view to carrying out this policy.
| ||||||
| 15 | (b) A person commits syndicated gambling when he or she | ||||||
| 16 | operates a "policy
game" or engages in the business of | ||||||
| 17 | bookmaking.
| ||||||
| 18 | (c) A person "operates a policy game" when he or she | ||||||
| 19 | knowingly uses any
premises or property for the purpose of | ||||||
| 20 | receiving or knowingly does
receive from what is commonly | ||||||
| 21 | called "policy":
| ||||||
| 22 | (1) money from a person other than the bettor or player | ||||||
| 23 | whose
bets or plays are represented by the money; or
| ||||||
| 24 | (2) written "policy game" records, made or used over | ||||||
| 25 | any
period of time, from a person other than the bettor or | ||||||
| |||||||
| |||||||
| 1 | player whose bets
or plays are represented by the written | ||||||
| 2 | record.
| ||||||
| 3 | (d) A person engages in bookmaking when he or she knowingly | ||||||
| 4 | receives or accepts more
than five bets or wagers upon the | ||||||
| 5 | result of any trials or contests of
skill, speed or power of | ||||||
| 6 | endurance or upon any lot, chance, casualty,
unknown or | ||||||
| 7 | contingent event whatsoever, which bets or wagers shall be of
| ||||||
| 8 | such size that the total of the amounts of money paid or | ||||||
| 9 | promised to be
paid to the bookmaker on account thereof shall | ||||||
| 10 | exceed $2,000.
Bookmaking is the receiving or accepting of bets | ||||||
| 11 | or wagers
regardless of the form or manner in which the | ||||||
| 12 | bookmaker records them.
| ||||||
| 13 | (e) Participants in any of the following activities shall | ||||||
| 14 | not be
convicted of syndicated gambling:
| ||||||
| 15 | (1) Agreements to compensate for loss caused by the | ||||||
| 16 | happening
of chance including without limitation contracts | ||||||
| 17 | of indemnity or
guaranty and life or health or accident | ||||||
| 18 | insurance;
| ||||||
| 19 | (2) Offers of prizes, award or compensation to the | ||||||
| 20 | actual
contestants in any bona fide contest for the | ||||||
| 21 | determination of skill,
speed, strength or endurance or to | ||||||
| 22 | the owners of animals or vehicles
entered in the contest;
| ||||||
| 23 | (3) Pari-mutuel betting as authorized by law of this | ||||||
| 24 | State;
| ||||||
| 25 | (4) Manufacture of gambling devices, including the | ||||||
| 26 | acquisition
of essential parts therefor and the assembly | ||||||
| |||||||
| |||||||
| 1 | thereof, for transportation
in interstate or foreign | ||||||
| 2 | commerce to any place outside this State when
the | ||||||
| 3 | transportation is not prohibited by any applicable Federal | ||||||
| 4 | law;
| ||||||
| 5 | (5) Raffles and poker runs when conducted in accordance | ||||||
| 6 | with the Raffles and Poker Runs Act;
| ||||||
| 7 | (6) Gambling games conducted on riverboats, in | ||||||
| 8 | casinos, or at electronic gaming facilities when
| ||||||
| 9 | authorized by the Illinois Riverboat Gambling Act;
| ||||||
| 10 | (7) Video gaming terminal games at a licensed | ||||||
| 11 | establishment, licensed truck stop establishment,
licensed
| ||||||
| 12 | fraternal establishment, or licensed veterans | ||||||
| 13 | establishment
when conducted in accordance with the Video | ||||||
| 14 | Gaming Act; and
| ||||||
| 15 | (8) Savings promotion raffles authorized under Section | ||||||
| 16 | 5g of the Illinois Banking Act, Section 7008 of the Savings | ||||||
| 17 | Bank Act, Section 42.7 of the Illinois Credit Union Act, | ||||||
| 18 | Section 5136B of the National Bank Act (12 U.S.C. 25a), or | ||||||
| 19 | Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463). | ||||||
| 20 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
| 21 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
| ||||||
| 22 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
| 23 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
| 24 | any real
estate, vehicle, boat or any other property whatsoever | ||||||
| 25 | used for the
purposes of gambling other than gambling conducted | ||||||
| |||||||
| |||||||
| 1 | in the manner authorized
by the Illinois Riverboat Gambling Act | ||||||
| 2 | or the Video Gaming Act. Any person who
knowingly permits any | ||||||
| 3 | premises
or property owned or occupied by him or under his | ||||||
| 4 | control to be used as a
gambling place commits a Class A | ||||||
| 5 | misdemeanor. Each subsequent offense is a
Class 4 felony. When | ||||||
| 6 | any premises is determined by the circuit court to be
a | ||||||
| 7 | gambling place:
| ||||||
| 8 | (a) Such premises is a public nuisance and may be proceeded | ||||||
| 9 | against as such,
and
| ||||||
| 10 | (b) All licenses, permits or certificates issued by the | ||||||
| 11 | State of
Illinois or any subdivision or public agency thereof | ||||||
| 12 | authorizing the
serving of food or liquor on such premises | ||||||
| 13 | shall be void; and no license,
permit or certificate so | ||||||
| 14 | cancelled shall be reissued for such premises for
a period of | ||||||
| 15 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
| 16 | gambling place be reissued such license
for one year from his | ||||||
| 17 | conviction and, after a second conviction of keeping
a gambling | ||||||
| 18 | place, any such person shall not be reissued such license, and
| ||||||
| 19 | (c) Such premises of any person who knowingly permits | ||||||
| 20 | thereon a
violation of any Section of this Article shall be | ||||||
| 21 | held liable for, and may
be sold to pay any unsatisfied | ||||||
| 22 | judgment that may be recovered and any
unsatisfied fine that | ||||||
| 23 | may be levied under any Section of this Article.
| ||||||
| 24 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
| 25 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
| 2 | (a) Every device designed for gambling which is incapable | ||||||
| 3 | of lawful use
or every device used unlawfully for gambling | ||||||
| 4 | shall be considered a
"gambling device", and shall be subject | ||||||
| 5 | to seizure, confiscation and
destruction by the Department of | ||||||
| 6 | State Police or by any municipal, or other
local authority, | ||||||
| 7 | within whose jurisdiction the same may be found. As used
in | ||||||
| 8 | this Section, a "gambling device" includes any slot machine, | ||||||
| 9 | and
includes any machine or device constructed for the | ||||||
| 10 | reception of money or
other thing of value and so constructed | ||||||
| 11 | as to return, or to cause someone
to return, on chance to the | ||||||
| 12 | player thereof money, property or a right to
receive money or | ||||||
| 13 | property. With the exception of any device designed for
| ||||||
| 14 | gambling which is incapable of lawful use, no gambling device | ||||||
| 15 | shall be
forfeited or destroyed unless an individual with a | ||||||
| 16 | property interest in
said device knows of the unlawful use of | ||||||
| 17 | the device.
| ||||||
| 18 | (b) Every gambling device shall be seized and forfeited to | ||||||
| 19 | the county
wherein such seizure occurs. Any money or other | ||||||
| 20 | thing of value integrally
related to acts of gambling shall be | ||||||
| 21 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
| 22 | (c) If, within 60 days after any seizure pursuant to | ||||||
| 23 | subparagraph
(b) of this Section, a person having any property | ||||||
| 24 | interest in the seized
property is charged with an offense, the | ||||||
| 25 | court which renders judgment
upon such charge shall, within 30 | ||||||
| 26 | days after such judgment, conduct a
forfeiture hearing to | ||||||
| |||||||
| |||||||
| 1 | determine whether such property was a gambling device
at the | ||||||
| 2 | time of seizure. Such hearing shall be commenced by a written
| ||||||
| 3 | petition by the State, including material allegations of fact, | ||||||
| 4 | the name
and address of every person determined by the State to | ||||||
| 5 | have any property
interest in the seized property, a | ||||||
| 6 | representation that written notice of
the date, time and place | ||||||
| 7 | of such hearing has been mailed to every such
person by | ||||||
| 8 | certified mail at least 10 days before such date, and a
request | ||||||
| 9 | for forfeiture. Every such person may appear as a party and
| ||||||
| 10 | present evidence at such hearing. The quantum of proof required | ||||||
| 11 | shall
be a preponderance of the evidence, and the burden of | ||||||
| 12 | proof shall be on
the State. If the court determines that the | ||||||
| 13 | seized property was
a gambling device at the time of seizure, | ||||||
| 14 | an order of forfeiture and
disposition of the seized property | ||||||
| 15 | shall be entered: a gambling device
shall be received by the | ||||||
| 16 | State's Attorney, who shall effect its
destruction, except that | ||||||
| 17 | valuable parts thereof may be liquidated and
the resultant | ||||||
| 18 | money shall be deposited in the general fund of the county
| ||||||
| 19 | wherein such seizure occurred; money and other things of value | ||||||
| 20 | shall be
received by the State's Attorney and, upon | ||||||
| 21 | liquidation, shall be
deposited in the general fund of the | ||||||
| 22 | county wherein such seizure
occurred. However, in the event | ||||||
| 23 | that a defendant raises the defense
that the seized slot | ||||||
| 24 | machine is an antique slot machine described in
subparagraph | ||||||
| 25 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
| 26 | from the charge of a gambling activity participant, the seized
| ||||||
| |||||||
| |||||||
| 1 | antique slot machine shall not be destroyed or otherwise | ||||||
| 2 | altered until a
final determination is made by the Court as to | ||||||
| 3 | whether it is such an
antique slot machine. Upon a final | ||||||
| 4 | determination by the Court of this
question in favor of the | ||||||
| 5 | defendant, such slot machine shall be
immediately returned to | ||||||
| 6 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
| 7 | for the purposes of appeal, be a final order and
judgment in a | ||||||
| 8 | civil proceeding.
| ||||||
| 9 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
| 10 | Section is not
followed by a charge pursuant to subparagraph | ||||||
| 11 | (c) of this Section, or if
the prosecution of such charge is | ||||||
| 12 | permanently terminated or indefinitely
discontinued without | ||||||
| 13 | any judgment of conviction or acquittal (1) the
State's | ||||||
| 14 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
| 15 | and destruction of a gambling device, or for the forfeiture and | ||||||
| 16 | deposit
in the general fund of the county of any seized money | ||||||
| 17 | or other things of
value, or both, in the circuit court and (2) | ||||||
| 18 | any person having any
property interest in such seized gambling | ||||||
| 19 | device, money or other thing
of value may commence separate | ||||||
| 20 | civil proceedings in the manner provided
by law.
| ||||||
| 21 | (e) Any gambling device displayed for sale to a riverboat | ||||||
| 22 | gambling
operation, casino gambling operation, or electronic | ||||||
| 23 | gaming facility or used to train occupational licensees of a | ||||||
| 24 | riverboat gambling
operation, casino gambling operation, or | ||||||
| 25 | electronic gaming facility as authorized under the Illinois | ||||||
| 26 | Riverboat Gambling Act is exempt from
seizure under this | ||||||
| |||||||
| |||||||
| 1 | Section.
| ||||||
| 2 | (f) Any gambling equipment, devices and supplies provided | ||||||
| 3 | by a licensed
supplier in accordance with the Illinois | ||||||
| 4 | Riverboat Gambling Act which are removed
from a the riverboat, | ||||||
| 5 | casino, or electronic gaming facility for repair are exempt | ||||||
| 6 | from seizure under this Section.
| ||||||
| 7 | (g) The following video gaming terminals are exempt from | ||||||
| 8 | seizure under this Section: | ||||||
| 9 | (1) Video gaming terminals for sale to a licensed | ||||||
| 10 | distributor or operator under the Video Gaming Act. | ||||||
| 11 | (2) Video gaming terminals used to train licensed | ||||||
| 12 | technicians or licensed terminal handlers. | ||||||
| 13 | (3) Video gaming terminals that are removed from a | ||||||
| 14 | licensed establishment, licensed truck stop establishment,
| ||||||
| 15 | licensed
fraternal establishment, or licensed veterans | ||||||
| 16 | establishment for repair. | ||||||
| 17 | (Source: P.A. 98-31, eff. 6-24-13.)
| ||||||
| 18 | (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
| ||||||
| 19 | Sec. 28-7. Gambling contracts void.
| ||||||
| 20 | (a) All promises, notes, bills, bonds, covenants, | ||||||
| 21 | contracts, agreements,
judgments, mortgages, or other | ||||||
| 22 | securities or conveyances made, given,
granted, drawn, or | ||||||
| 23 | entered into, or executed by any person whatsoever,
where the | ||||||
| 24 | whole or any part of the consideration thereof is for any
money | ||||||
| 25 | or thing of value, won or obtained in violation of any Section | ||||||
| |||||||
| |||||||
| 1 | of
this Article are null and void.
| ||||||
| 2 | (b) Any obligation void under this Section may be set aside | ||||||
| 3 | and vacated
by any court of competent jurisdiction, upon a | ||||||
| 4 | complaint filed for that
purpose, by the person so granting, | ||||||
| 5 | giving, entering into, or executing the
same, or by his | ||||||
| 6 | executors or administrators, or by any creditor, heir,
legatee, | ||||||
| 7 | purchaser or other person interested therein; or if a judgment,
| ||||||
| 8 | the same may be set aside on motion of any person stated above, | ||||||
| 9 | on due
notice thereof given.
| ||||||
| 10 | (c) No assignment of any obligation void under this Section | ||||||
| 11 | may in any
manner affect the defense of the person giving, | ||||||
| 12 | granting, drawing, entering
into or executing such obligation, | ||||||
| 13 | or the remedies of any person interested
therein.
| ||||||
| 14 | (d) This Section shall not prevent a licensed owner of a | ||||||
| 15 | riverboat
gambling operation, casino gambling operation, or an | ||||||
| 16 | electronic gaming licensee under the Illinois Gambling
Act and | ||||||
| 17 | the Illinois Horse Racing Act of 1975 from instituting a cause | ||||||
| 18 | of
action to collect any amount due and owing under an | ||||||
| 19 | extension of credit to a
riverboat gambling patron as | ||||||
| 20 | authorized under Section 11.1 of the Illinois
Riverboat | ||||||
| 21 | Gambling Act.
| ||||||
| 22 | (Source: P.A. 87-826.)
| ||||||
| 23 | Section 90-55. The Eminent Domain Act is amended by adding | ||||||
| 24 | Section 15-5-48 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (735 ILCS 30/15-5-48 new) | ||||||
| 2 | Sec. 15-5-48. Eminent domain powers in new Acts. The | ||||||
| 3 | following provisions of law may include express grants of the | ||||||
| 4 | power to acquire property by condemnation or eminent domain:
| ||||||
| 5 | Chicago Casino Development Authority Act; City of Chicago; for | ||||||
| 6 | the purposes of the Act.
| ||||||
| 7 | Section 90-60. The Payday Loan Reform Act is amended by | ||||||
| 8 | changing Section 3-5 as follows:
| ||||||
| 9 | (815 ILCS 122/3-5)
| ||||||
| 10 | Sec. 3-5. Licensure. | ||||||
| 11 | (a) A license to make a payday loan shall state the | ||||||
| 12 | address,
including city and state, at which
the business is to | ||||||
| 13 | be conducted and shall state fully the name of the licensee.
| ||||||
| 14 | The license shall be conspicuously posted in the place of | ||||||
| 15 | business of the
licensee and shall not be transferable or | ||||||
| 16 | assignable.
| ||||||
| 17 | (b) An application for a license shall be in writing and in | ||||||
| 18 | a form
prescribed by the Secretary. The Secretary may not issue | ||||||
| 19 | a payday loan
license unless and until the following findings | ||||||
| 20 | are made:
| ||||||
| 21 | (1) that the financial responsibility, experience, | ||||||
| 22 | character, and general
fitness of the applicant are such as | ||||||
| 23 | to command the confidence of the public
and to warrant the | ||||||
| |||||||
| |||||||
| 1 | belief that the business will be operated lawfully and
| ||||||
| 2 | fairly and within the provisions and purposes of this Act; | ||||||
| 3 | and
| ||||||
| 4 | (2) that the applicant has submitted such other | ||||||
| 5 | information as the
Secretary may deem necessary.
| ||||||
| 6 | (c) A license shall be issued for no longer than one year, | ||||||
| 7 | and no renewal
of a license may be provided if a licensee has | ||||||
| 8 | substantially violated this
Act and has not cured the violation | ||||||
| 9 | to the satisfaction of the Department.
| ||||||
| 10 | (d) A licensee shall appoint, in writing, the Secretary as | ||||||
| 11 | attorney-in-fact
upon whom all lawful process against the | ||||||
| 12 | licensee may be served with the
same legal force and validity | ||||||
| 13 | as if served on the licensee. A copy of the
written | ||||||
| 14 | appointment, duly certified, shall be filed in the office of | ||||||
| 15 | the
Secretary, and a copy thereof certified by the Secretary | ||||||
| 16 | shall be sufficient
evidence to subject a licensee to | ||||||
| 17 | jurisdiction in a court of law. This appointment shall remain | ||||||
| 18 | in effect while any liability remains
outstanding in this State | ||||||
| 19 | against the licensee. When summons is served upon
the Secretary | ||||||
| 20 | as attorney-in-fact for a licensee, the Secretary shall | ||||||
| 21 | immediately
notify the licensee by registered mail, enclosing | ||||||
| 22 | the summons and specifying
the hour and day of service.
| ||||||
| 23 | (e) A licensee must pay an annual fee of $1,000. In | ||||||
| 24 | addition to the
license fee, the reasonable expense of any | ||||||
| 25 | examination or hearing
by the Secretary under any provisions of | ||||||
| 26 | this Act shall be borne by
the licensee. If a licensee fails to | ||||||
| |||||||
| |||||||
| 1 | renew its license by December 31,
its license
shall | ||||||
| 2 | automatically expire; however, the Secretary, in his or her | ||||||
| 3 | discretion,
may reinstate an expired license upon:
| ||||||
| 4 | (1) payment of the annual fee within 30 days of the | ||||||
| 5 | date of
expiration; and
| ||||||
| 6 | (2) proof of good cause for failure to renew.
| ||||||
| 7 | (f) Not more than one place of business shall be maintained | ||||||
| 8 | under the
same license, but the Secretary may issue more than | ||||||
| 9 | one license to the same
licensee upon compliance with all the | ||||||
| 10 | provisions of this Act governing
issuance of a single license. | ||||||
| 11 | The location, except those locations already in
existence as of | ||||||
| 12 | June 1, 2005, may not be within one mile of a
horse race track | ||||||
| 13 | subject to the Illinois Horse Racing Act of 1975,
within one | ||||||
| 14 | mile of a facility at which gambling is conducted under the | ||||||
| 15 | Illinois
Riverboat Gambling Act, within one mile of the | ||||||
| 16 | location at which a
riverboat subject to the Illinois Riverboat | ||||||
| 17 | Gambling Act docks, or within one mile of
any State of Illinois | ||||||
| 18 | or United States military base or naval installation.
| ||||||
| 19 | (g) No licensee shall conduct the business of making loans | ||||||
| 20 | under this
Act within any office, suite, room, or place of | ||||||
| 21 | business in which (1) any loans are offered or made under the | ||||||
| 22 | Consumer Installment Loan Act other than title secured loans as | ||||||
| 23 | defined in subsection (a) of Section 15 of the Consumer | ||||||
| 24 | Installment Loan Act and governed by Title 38, Section 110.330 | ||||||
| 25 | of the Illinois Administrative Code or (2) any other
business | ||||||
| 26 | is solicited or engaged in unless the other business is | ||||||
| |||||||
| |||||||
| 1 | licensed by the Department or, in the opinion of the Secretary, | ||||||
| 2 | the
other business would not be contrary to the best interests | ||||||
| 3 | of consumers and
is authorized by the Secretary in writing.
| ||||||
| 4 | (g-5) Notwithstanding subsection (g) of this Section, a | ||||||
| 5 | licensee may obtain a license under the Consumer Installment | ||||||
| 6 | Loan Act (CILA) for the exclusive purpose and use of making | ||||||
| 7 | title secured loans, as defined in subsection (a) of Section 15 | ||||||
| 8 | of CILA and governed by Title 38, Section 110.300 of the | ||||||
| 9 | Illinois Administrative Code. A licensee may continue to | ||||||
| 10 | service Consumer Installment Loan Act loans that were | ||||||
| 11 | outstanding as of the effective date of this amendatory Act of | ||||||
| 12 | the 96th General Assembly. | ||||||
| 13 | (h) The Secretary shall maintain a list of licensees that | ||||||
| 14 | shall be
available to interested consumers and lenders and the | ||||||
| 15 | public. The Secretary
shall maintain a toll-free number whereby | ||||||
| 16 | consumers may obtain
information about licensees. The | ||||||
| 17 | Secretary shall also establish a complaint
process under which | ||||||
| 18 | an aggrieved consumer
may file a complaint against a licensee | ||||||
| 19 | or non-licensee who violates any
provision of this Act.
| ||||||
| 20 | (Source: P.A. 96-936, eff. 3-21-11.)
| ||||||
| 21 | Section 90-65. The Travel Promotion Consumer Protection | ||||||
| 22 | Act is amended by changing Section 2 as follows:
| ||||||
| 23 | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
| ||||||
| 24 | Sec. 2. Definitions.
| ||||||
| |||||||
| |||||||
| 1 | (a) "Travel promoter" means a person, including a tour | ||||||
| 2 | operator, who sells,
provides, furnishes, contracts for, | ||||||
| 3 | arranges or advertises that he or she will
arrange wholesale or | ||||||
| 4 | retail transportation by air, land, sea or navigable
stream, | ||||||
| 5 | either separately or in conjunction with other services. | ||||||
| 6 | "Travel
promoter" does not include (1) an air carrier; (2) a | ||||||
| 7 | sea carrier; (3) an
officially appointed agent of an air | ||||||
| 8 | carrier who is a member in good standing
of the Airline | ||||||
| 9 | Reporting Corporation; (4) a travel promoter who has in
force | ||||||
| 10 | $1,000,000 or more of liability insurance coverage for | ||||||
| 11 | professional
errors and omissions and a surety bond or | ||||||
| 12 | equivalent surety in the amount of
$100,000 or more for the | ||||||
| 13 | benefit of consumers in the event of a bankruptcy on
the part | ||||||
| 14 | of the travel promoter; or (5) a riverboat subject to | ||||||
| 15 | regulation under
the Illinois Riverboat Gambling Act.
| ||||||
| 16 | (b) "Advertise" means to make any representation in the | ||||||
| 17 | solicitation of
passengers and includes communication with | ||||||
| 18 | other members of the same
partnership, corporation, joint | ||||||
| 19 | venture, association, organization, group or
other entity.
| ||||||
| 20 | (c) "Passenger" means a person on whose behalf money or | ||||||
| 21 | other
consideration has been given or is to be given to | ||||||
| 22 | another, including
another member of the same partnership, | ||||||
| 23 | corporation, joint venture,
association, organization, group | ||||||
| 24 | or other entity, for travel.
| ||||||
| 25 | (d) "Ticket or voucher" means a writing or combination of | ||||||
| 26 | writings which
is itself good and sufficient to obtain
| ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | transportation and other services for which the passenger has | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | contracted.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | (Source: P.A. 91-357, eff. 7-29-99.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | (30 ILCS 105/5.490 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | Section 90-70. The State Finance Act is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | repealing Section 5.490.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | (230 ILCS 5/54 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | Section 90-75. The Illinois Horse Racing Act of 1975 is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | amended by repealing Section 54.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | ARTICLE 99. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | Section 99-97. Severability. The provisions of this Act are | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | severable under Section 1.31 of the Statute on Statutes.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | Section 99-99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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