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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5146 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
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Creates the Chicago Casino Development Authority Act. Provides for the creation of the Chicago Casino Development Authority, whose duties include promotion and maintenance of a casino. Amends the Illinois Horse Racing Act of 1975 and the Riverboat Gambling Act to authorize electronic gaming at race tracks (and makes conforming changes in various Acts). Further amends the Illinois Horse Racing Act of 1975. Makes various changes concerning Board members. Indefinitely extends the authorization for advance deposit wagering. Contains provisions concerning testing of horses at county fairs and standardbred horses. Further amends the Riverboat Gambling Act. Changes the short title to the Illinois Gambling Act and changes corresponding references to the Act. Adds additional owners licenses, one of which authorizes the conduct of casino gambling in the City of Chicago. Makes changes in provisions concerning the admission tax and privilege tax. Makes other changes. Contains a severability provision. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | FISCAL NOTE ACT MAY APPLY | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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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.
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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.
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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.
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6 | | Section 1-5. Definitions.
As used in this Act: |
7 | | "Authority" means the Chicago Casino Development Authority |
8 | | created by this
Act.
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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.
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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
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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.
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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.
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4 | | "Gaming Board" means the Illinois Gaming Board created by |
5 | | the Illinois Gambling Act.
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6 | | "Mayor" means the Mayor of the City.
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7 | | Section 1-12. Creation of the Authority. There is hereby |
8 | | created a political subdivision, unit of local government with |
9 | | only the powers authorized by law, body politic, and municipal |
10 | | corporation, by the name and style of the Chicago Casino |
11 | | Development Authority.
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12 | | Section 1-13. Duties of the Authority. It shall be the duty |
13 | | of the Authority, as 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.
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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
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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
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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.
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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.
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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
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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
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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 |
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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.
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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 |
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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 |
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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 |
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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. |
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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 |
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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.
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22 | | Section 1-45. Casino management contracts.
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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 |
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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 |
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1 | | additional extensions following further public hearings. Each |
2 | | extension may be for a period of no longer than 6 months.
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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.
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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.
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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: |
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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 |
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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.
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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 |
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1 | | information for the Committee to submit reports, as necessary, |
2 | | to the General Assembly and to the City.
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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.
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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
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25 | | declared to be for a public use.
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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.
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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
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23 | | construction, development, and operation of the casino shall |
24 | | comply with all
ordinances, regulations, rules, and controls of |
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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
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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.
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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 |
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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.
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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
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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.
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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 |
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1 | | such other terms and conditions as may be provided by the |
2 | | resolution or indenture authorizing the issuance of such |
3 | | bonds.
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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.
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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.
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18 | | (5) Bonds shall be payable in lawful money of the |
19 | | United States at a designated
place.
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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.
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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
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26 | | for one who has ceased to hold office.
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1 | | (8) Bonds shall be sold at public or private sale in |
2 | | the manner and upon the terms
determined by the Authority.
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3 | | (9) Bonds shall be issued in accordance with the |
4 | | provisions of the Local
Government Debt Reform Act.
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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:
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26 | | (1) Pledging, assigning, or directing the use, |
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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.
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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.
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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.
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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.
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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.
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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
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1 | | provisions
restricting individual rights of action by |
2 | | bondholders.
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3 | | (8) Providing for guarantees, pledges of property, |
4 | | letters of credit, or
other security,
or insurance for the |
5 | | benefit of bondholders.
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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.
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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 |
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1 | | third persons, regardless of any contrary provision of
law.
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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 |
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1 | | Section.
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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 |
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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. |
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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 |
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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.
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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 |
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1 | | office until
delivery thereof.
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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 |
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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 |
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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 |
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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 |
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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.
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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 |
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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.
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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.
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26 | | (i) All proposals in response to advertisements shall be |
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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.
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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 |
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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.
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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 |
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1 | | Women-Owned Business Enterprise Procurement Program.
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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.
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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 |
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1 | | rule powers and functions under subsection (h) of Section 6 of |
2 | | Article VII of the Illinois Constitution.
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3 | | ARTICLE 90.
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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. |
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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.
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25 | | Section 90-3. The State Officials and Employees Ethics Act |
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1 | | is amended by changing Section 5-45 as follows:
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2 | | (5 ILCS 430/5-45)
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3 | | Sec. 5-45. Procurement; revolving door prohibition.
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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.
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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.
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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.
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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 |
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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 |
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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 |
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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, |
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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 |
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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.
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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.
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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 |
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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. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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 |
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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; |
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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. |
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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 women-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 | | Women, 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. |
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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 |
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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 |
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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; |
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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 |
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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' |
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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 |
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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 |
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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 |
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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 |
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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 21.5, 21.6, 21.7, 21.8, and |
15 | | 21.9, the Department shall distribute all proceeds of lottery |
16 | | tickets and shares sold in the following priority and manner: |
17 | | (1) The payment of prizes and retailer bonuses. |
18 | | (2) The payment of costs incurred in the operation and |
19 | | administration of the Lottery, including the payment of |
20 | | sums due to the private manager under the management |
21 | | agreement with the Department. |
22 | | (3) On the last day of each month or as soon thereafter |
23 | | as possible, the State Comptroller shall direct and the |
24 | | State Treasurer shall transfer from the State Lottery Fund |
25 | | to the Common School Fund an amount that is equal to the |
26 | | proceeds transferred in the corresponding month of fiscal |
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1 | | year 2009, as adjusted for inflation, to the Common School |
2 | | Fund. |
3 | | (4) On or before the last day of each fiscal year, |
4 | | deposit any remaining proceeds, subject to payments under |
5 | | items (1), (2), and (3) into the Capital Projects Fund each |
6 | | fiscal year. |
7 | | (p) The Department shall be subject to the following |
8 | | reporting and information request requirements: |
9 | | (1) the Department shall submit written quarterly |
10 | | reports to the Governor and the General Assembly on the |
11 | | activities and actions of the private manager selected |
12 | | under this Section; |
13 | | (2) upon request of the Chief Procurement Officer, the |
14 | | Department shall promptly produce information related to |
15 | | the procurement activities of the Department and the |
16 | | private manager requested by the Chief Procurement |
17 | | Officer; the Chief Procurement Officer must retain |
18 | | confidential, proprietary, or trade secret information |
19 | | designated by the Department in complete confidence |
20 | | pursuant to subsection (g) of Section 7 of the Freedom of |
21 | | Information Act; and |
22 | | (3) at least 30 days prior to the beginning of the |
23 | | Department's fiscal year, the Department shall prepare an |
24 | | annual written report on the activities of the private |
25 | | manager selected under this Section and deliver that report |
26 | | to the Governor and General Assembly. |
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1 | | (Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17.)
|
2 | | Section 90-10. The Department of Revenue Law of the
Civil |
3 | | Administrative Code of Illinois is amended by changing Section |
4 | | 2505-305 as follows:
|
5 | | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
|
6 | | Sec. 2505-305. Investigators.
|
7 | | (a) The Department has the power to
appoint investigators |
8 | | to conduct all investigations,
searches, seizures, arrests, |
9 | | and other duties imposed under the provisions
of any law |
10 | | administered by the Department.
Except as provided in |
11 | | subsection (c), these investigators have
and
may exercise all |
12 | | the powers of peace officers solely for the purpose of
|
13 | | enforcing taxing measures administered by the Department.
|
14 | | (b) The Director must authorize to each investigator |
15 | | employed under this
Section and
to any other employee of the |
16 | | Department exercising the powers of a peace
officer a
distinct |
17 | | badge that, on its face, (i) clearly states that the badge is
|
18 | | authorized
by the
Department and (ii)
contains a unique |
19 | | identifying number.
No other badge shall be authorized by
the |
20 | | Department.
|
21 | | (c) The Department may enter into agreements with the |
22 | | Illinois Gaming Board providing that investigators appointed |
23 | | under this Section shall exercise the peace officer powers set |
24 | | forth in paragraph (20.6) of subsection (c) of Section 5 of the |
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1 | | Illinois Riverboat Gambling Act.
|
2 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
3 | | Section 90-12. The Illinois State Auditing Act is amended |
4 | | by changing Section 3-1 as follows:
|
5 | | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
|
6 | | Sec. 3-1. Jurisdiction of Auditor General. The Auditor |
7 | | General has
jurisdiction over all State agencies to make post |
8 | | audits and investigations
authorized by or under this Act or |
9 | | the Constitution.
|
10 | | The Auditor General has jurisdiction over local government |
11 | | agencies
and private agencies only:
|
12 | | (a) to make such post audits authorized by or under |
13 | | this Act as are
necessary and incidental to a post audit of |
14 | | a State agency or of a
program administered by a State |
15 | | agency involving public funds of the
State, but this |
16 | | jurisdiction does not include any authority to review
local |
17 | | governmental agencies in the obligation, receipt, |
18 | | expenditure or
use of public funds of the State that are |
19 | | granted without limitation or
condition imposed by law, |
20 | | other than the general limitation that such
funds be used |
21 | | for public purposes;
|
22 | | (b) to make investigations authorized by or under this |
23 | | Act or the
Constitution; and
|
24 | | (c) to make audits of the records of local government |
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1 | | agencies to verify
actual costs of state-mandated programs |
2 | | when directed to do so by the
Legislative Audit Commission |
3 | | at the request of the State Board of Appeals
under the |
4 | | State Mandates Act.
|
5 | | In addition to the foregoing, the Auditor General may |
6 | | conduct an
audit of the Metropolitan Pier and Exposition |
7 | | Authority, the
Regional Transportation Authority, the Suburban |
8 | | Bus Division, the Commuter
Rail Division and the Chicago |
9 | | Transit Authority and any other subsidized
carrier when |
10 | | authorized by the Legislative Audit Commission. Such audit
may |
11 | | be a financial, management or program audit, or any combination |
12 | | thereof.
|
13 | | The audit shall determine whether they are operating in |
14 | | accordance with
all applicable laws and regulations. Subject to |
15 | | the limitations of this
Act, the Legislative Audit Commission |
16 | | may by resolution specify additional
determinations to be |
17 | | included in the scope of the audit.
|
18 | | In addition to the foregoing, the Auditor General must also |
19 | | conduct a
financial audit of
the Illinois Sports Facilities |
20 | | Authority's expenditures of public funds in
connection with the |
21 | | reconstruction, renovation, remodeling, extension, or
|
22 | | improvement of all or substantially all of any existing |
23 | | "facility", as that
term is defined in the Illinois Sports |
24 | | Facilities Authority Act.
|
25 | | The Auditor General may also conduct an audit, when |
26 | | authorized by
the Legislative Audit Commission, of any hospital |
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1 | | which receives 10% or
more of its gross revenues from payments |
2 | | from the State of Illinois,
Department of Healthcare and Family |
3 | | Services (formerly Department of Public Aid), Medical |
4 | | Assistance Program.
|
5 | | The Auditor General is authorized to conduct financial and |
6 | | compliance
audits of the Illinois Distance Learning Foundation |
7 | | and the Illinois
Conservation Foundation.
|
8 | | As soon as practical after the effective date of this |
9 | | amendatory Act of
1995, the Auditor General shall conduct a |
10 | | compliance and management audit of
the City of
Chicago and any |
11 | | other entity with regard to the operation of Chicago O'Hare
|
12 | | International Airport, Chicago Midway Airport and Merrill C. |
13 | | Meigs Field. The
audit shall include, but not be limited to, an |
14 | | examination of revenues,
expenses, and transfers of funds; |
15 | | purchasing and contracting policies and
practices; staffing |
16 | | levels; and hiring practices and procedures. When
completed, |
17 | | the audit required by this paragraph shall be distributed in
|
18 | | accordance with Section 3-14.
|
19 | | The Auditor General shall conduct a financial and |
20 | | compliance and program
audit of distributions from the |
21 | | Municipal Economic Development Fund
during the immediately |
22 | | preceding calendar year pursuant to Section 8-403.1 of
the |
23 | | Public Utilities Act at no cost to the city, village, or |
24 | | incorporated town
that received the distributions.
|
25 | | The Auditor General must conduct an audit of the Health |
26 | | Facilities and Services Review Board pursuant to Section 19.5 |
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1 | | of the Illinois Health Facilities Planning
Act.
|
2 | | The Auditor General must conduct an audit of the Chicago |
3 | | Casino Development Authority pursuant to Section 1-60 of the |
4 | | Chicago Casino Development Authority Act. |
5 | | The Auditor General of the State of Illinois shall annually |
6 | | conduct or
cause to be conducted a financial and compliance |
7 | | audit of the books and records
of any county water commission |
8 | | organized pursuant to the Water Commission Act
of 1985 and |
9 | | shall file a copy of the report of that audit with the Governor |
10 | | and
the Legislative Audit Commission. The filed audit shall be |
11 | | open to the public
for inspection. The cost of the audit shall |
12 | | be charged to the county water
commission in accordance with |
13 | | Section 6z-27 of the State Finance Act. The
county water |
14 | | commission shall make available to the Auditor General its |
15 | | books
and records and any other documentation, whether in the |
16 | | possession of its
trustees or other parties, necessary to |
17 | | conduct the audit required. These
audit requirements apply only |
18 | | through July 1, 2007.
|
19 | | The Auditor General must conduct audits of the Rend Lake |
20 | | Conservancy
District as provided in Section 25.5 of the River |
21 | | Conservancy Districts Act.
|
22 | | The Auditor General must conduct financial audits of the |
23 | | Southeastern Illinois Economic Development Authority as |
24 | | provided in Section 70 of the Southeastern Illinois Economic |
25 | | Development Authority Act.
|
26 | | The Auditor General shall conduct a compliance audit in |
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1 | | accordance with subsections (d) and (f) of Section 30 of the |
2 | | Innovation Development and Economy Act. |
3 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; |
4 | | 96-939, eff. 6-24-10.)
|
5 | | Section 90-15. The State Finance Act is amended by adding |
6 | | Sections 5.886, 5.887, 5.888, and 6z-105 and by changing |
7 | | Section 6z-45 as follows:
|
8 | | (30 ILCS 105/5.886 new) |
9 | | Sec. 5.886. The Gaming Facilities Fee Revenue Fund.
|
10 | | (30 ILCS 105/5.887 new) |
11 | | Sec. 5.887. The Depressed Communities Economic Development |
12 | | Fund.
|
13 | | (30 ILCS 105/5.888 new) |
14 | | Sec. 5.888. The Latino Community Economic Development |
15 | | Fund.
|
16 | | (30 ILCS 105/6z-45)
|
17 | | Sec. 6z-45. The School Infrastructure Fund.
|
18 | | (a) The School Infrastructure Fund is created as a special |
19 | | fund
in the State Treasury.
|
20 | | In addition to any other deposits authorized by law, |
21 | | beginning January
1, 2000, on the first day of each month, or |
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1 | | as soon thereafter as may be
practical, the State Treasurer and |
2 | | State Comptroller shall transfer the sum of
$5,000,000 from the |
3 | | General Revenue Fund to the School Infrastructure Fund, except |
4 | | that, notwithstanding any other provision of law, and in |
5 | | addition to any other transfers that may be provided for by |
6 | | law, before June 30, 2012, the Comptroller and the Treasurer |
7 | | shall transfer $45,000,000 from the General Revenue Fund into |
8 | | the School Infrastructure Fund, and, for fiscal year 2013 only, |
9 | | the Treasurer and the Comptroller shall transfer $1,250,000 |
10 | | from the General Revenue Fund to the School Infrastructure Fund |
11 | | on the first day of each month;
provided, however, that no such |
12 | | transfers shall be made from July 1, 2001
through June 30, |
13 | | 2003.
|
14 | | (a-5) Money in the School Infrastructure Fund may be used |
15 | | to pay the expenses of the State Board of Education, the |
16 | | Governor's Office of Management and Budget, and the Capital |
17 | | Development Board in administering programs under the School |
18 | | Construction Law, the total expenses not to exceed $1,315,000 |
19 | | in any fiscal year. |
20 | | (b) Subject to the transfer provisions set forth below, |
21 | | money in the
School Infrastructure Fund shall, if and when the |
22 | | State of Illinois incurs
any bonded indebtedness for the |
23 | | construction of school improvements under subsection (e) of |
24 | | Section 5 of the General Obligation Bond Act, be set aside and |
25 | | used for the purpose of
paying and discharging annually the |
26 | | principal and interest on that bonded
indebtedness then due and |
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1 | | payable, and for no other purpose.
|
2 | | In addition to other transfers to the General Obligation |
3 | | Bond Retirement and
Interest Fund made pursuant to Section 15 |
4 | | of the General Obligation Bond Act,
upon each delivery of bonds |
5 | | issued for construction of school improvements
under the School |
6 | | Construction Law, the State Comptroller shall
compute and |
7 | | certify to the State Treasurer the total amount of principal |
8 | | of,
interest on, and premium, if any, on such bonds during the |
9 | | then current and
each succeeding fiscal year.
With respect to |
10 | | the interest payable on variable rate bonds, such
|
11 | | certifications shall be calculated at the maximum rate of |
12 | | interest that
may be payable during the fiscal year, after |
13 | | taking into account any credits
permitted in the related |
14 | | indenture or other instrument against the amount of
such |
15 | | interest required to be appropriated for that period.
|
16 | | On or before the last day of each month, the State |
17 | | Treasurer and State
Comptroller shall transfer from the School |
18 | | Infrastructure Fund to the General
Obligation Bond Retirement |
19 | | and Interest Fund an amount sufficient to pay the
aggregate of |
20 | | the principal of, interest on, and premium, if any, on the |
21 | | bonds
payable on their next payment date, divided by the number |
22 | | of monthly transfers
occurring between the last previous |
23 | | payment date (or the delivery date if no
payment date has yet |
24 | | occurred) and the next succeeding payment date.
Interest |
25 | | payable on variable rate bonds shall be calculated at the |
26 | | maximum
rate of interest that may be payable for the relevant |
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1 | | period, after taking into
account any credits permitted in the |
2 | | related indenture or other instrument
against the amount of |
3 | | such interest required to be appropriated for that
period.
|
4 | | Interest for which moneys have already been deposited into the |
5 | | capitalized
interest account within the General Obligation |
6 | | Bond Retirement and Interest
Fund shall not be included in the |
7 | | calculation of the amounts to be transferred
under this |
8 | | subsection.
|
9 | | (b-5) The money deposited into the School Infrastructure |
10 | | Fund from transfers pursuant to subsections (c-30) and (c-35) |
11 | | of Section 13 of the Illinois Riverboat Gambling Act shall be |
12 | | applied, without further direction, as provided in subsection |
13 | | (b-3) of Section 5-35 of the School Construction Law. |
14 | | (c) The surplus, if any, in the School Infrastructure Fund |
15 | | after payments made pursuant to subsections (a-5), (b), and |
16 | | (b-5) of this Section shall, subject to appropriation, be used |
17 | | as follows:
|
18 | | First - to make 3 payments to the School Technology |
19 | | Revolving Loan Fund as
follows:
|
20 | | Transfer of $30,000,000 in fiscal year 1999;
|
21 | | Transfer of $20,000,000 in fiscal year 2000; and
|
22 | | Transfer of $10,000,000 in fiscal year 2001.
|
23 | | Second - to pay any amounts due for grants for school |
24 | | construction projects
and debt service under the School |
25 | | Construction Law.
|
26 | | Third - to pay any amounts due for grants for school |
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1 | | maintenance projects
under the School Construction Law.
|
2 | | (Source: P.A. 100-23, eff. 7-6-17.)
|
3 | | (30 ILCS 105/6z-105 new) |
4 | | Sec. 6z-105. 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 |
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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 |
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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 July 1, 2017, an amount equal to 3.75% |
25 | | of the taxpayer's net income for the taxable year. |
26 | | (5.3) In the case of an individual, trust, or estate, |
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1 | | for taxable years beginning prior to July 1, 2017, and |
2 | | ending after June 30, 2017, an amount equal to the sum of |
3 | | (i) 3.75% of the taxpayer's net income for the period prior |
4 | | to July 1, 2017, as calculated under Section 202.5, and |
5 | | (ii) 4.95% of the taxpayer's net income for the period |
6 | | after June 30, 2017, as calculated under Section 202.5. |
7 | | (5.4) In the case of an individual, trust, or estate, |
8 | | for taxable years beginning on or after July 1, 2017, an |
9 | | amount equal to 4.95% of the taxpayer's net income for the |
10 | | taxable year. |
11 | | (6) In the case of a corporation, for taxable years
|
12 | | ending prior to July 1, 1989, an amount equal to 4% of the
|
13 | | taxpayer's net income for the taxable year. |
14 | | (7) In the case of a corporation, for taxable years |
15 | | beginning prior to
July 1, 1989 and ending after June 30, |
16 | | 1989, an amount equal to the sum of
(i) 4% of the |
17 | | taxpayer's net income for the period prior to July 1, 1989,
|
18 | | as calculated under Section 202.3, and (ii) 4.8% of the |
19 | | taxpayer's net
income for the period after June 30, 1989, |
20 | | as calculated under Section
202.3. |
21 | | (8) In the case of a corporation, for taxable years |
22 | | beginning after
June 30, 1989, and ending prior to January |
23 | | 1, 2011, an amount equal to 4.8% of the taxpayer's net |
24 | | income for the
taxable year. |
25 | | (9) In the case of a corporation, for taxable years |
26 | | beginning prior to January 1, 2011, and ending after |
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1 | | December 31, 2010, an amount equal to the sum of (i) 4.8% |
2 | | of the taxpayer's net income for the period prior to |
3 | | January 1, 2011, as calculated under Section 202.5, and |
4 | | (ii) 7% of the taxpayer's net income for the period after |
5 | | December 31, 2010, as calculated under Section 202.5. |
6 | | (10) In the case of a corporation, for taxable years |
7 | | beginning on or after January 1, 2011, and ending prior to |
8 | | January 1, 2015, an amount equal to 7% of the taxpayer's |
9 | | net income for the taxable year. |
10 | | (11) In the case of a corporation, for taxable years |
11 | | beginning prior to January 1, 2015, and ending after |
12 | | December 31, 2014, an amount equal to the sum of (i) 7% of |
13 | | the taxpayer's net income for the period prior to January |
14 | | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% |
15 | | of the taxpayer's net income for the period after December |
16 | | 31, 2014, as calculated under Section 202.5. |
17 | | (12) In the case of a corporation, for taxable years |
18 | | beginning on or after January 1, 2015, and ending prior to |
19 | | July 1, 2017, an amount equal to 5.25% of the taxpayer's |
20 | | net income for the taxable year. |
21 | | (13) In the case of a corporation, for taxable years |
22 | | beginning prior to July 1, 2017, and ending after June 30, |
23 | | 2017, an amount equal to the sum of (i) 5.25% of the |
24 | | taxpayer's net income for the period prior to July 1, 2017, |
25 | | as calculated under Section 202.5, and (ii) 7% of the |
26 | | taxpayer's net income for the period after June 30, 2017, |
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1 | | as calculated under Section 202.5. |
2 | | (14) In the case of a corporation, for taxable years |
3 | | beginning on or after July 1, 2017, an amount equal to 7% |
4 | | of the taxpayer's net income for the taxable year. |
5 | | The rates under this subsection (b) are subject to the |
6 | | provisions of Section 201.5. |
7 | | (b-5) Surcharge; sale or exchange of assets, properties, |
8 | | and intangibles of electronic gaming licensees. For each of |
9 | | taxable years 2018 through 2026, a surcharge is imposed on all |
10 | | taxpayers on income arising from the sale or exchange of |
11 | | capital assets, depreciable business property, real property |
12 | | used in the trade or business, and Section 197 intangibles (i) |
13 | | of an organization licensee under the Illinois Horse Racing Act |
14 | | of 1975 and (ii) of an electronic gaming licensee under the |
15 | | Illinois Gambling Act. The amount of the surcharge is equal to |
16 | | the amount of federal income tax liability for the taxable year |
17 | | attributable to those sales and exchanges. The surcharge |
18 | | imposed shall not apply if: |
19 | | (1) the electronic gaming license, organization |
20 | | license, or race track property is transferred as a result |
21 | | of any of the following: |
22 | | (A) bankruptcy, a receivership, or a debt |
23 | | adjustment initiated by or against the initial |
24 | | licensee or the substantial owners of the initial |
25 | | licensee; |
26 | | (B) cancellation, revocation, or termination of |
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1 | | any such license by the Illinois Gaming Board or the |
2 | | Illinois Racing Board; |
3 | | (C) a determination by the Illinois Gaming Board |
4 | | that transfer of the license is in the best interests |
5 | | of Illinois gaming; |
6 | | (D) the death of an owner of the equity interest in |
7 | | a licensee; |
8 | | (E) the acquisition of a controlling interest in |
9 | | the stock or substantially all of the assets of a |
10 | | publicly traded company; |
11 | | (F) a transfer by a parent company to a wholly |
12 | | owned subsidiary; or |
13 | | (G) the transfer or sale to or by one person to |
14 | | another person where both persons were initial owners |
15 | | of the license when the license was issued; or |
16 | | (2) the controlling interest in the electronic gaming |
17 | | license, organization license, or race track property is |
18 | | transferred in a transaction to lineal descendants in which |
19 | | no gain or loss is recognized or as a result of a |
20 | | transaction in accordance with Section 351 of the Internal |
21 | | Revenue Code in which no gain or loss is recognized; or |
22 | | (3) live horse racing was not conducted in 2011 under a |
23 | | license issued pursuant to the Illinois Horse Racing Act of |
24 | | 1975. |
25 | | The transfer of an electronic gaming license, organization |
26 | | license, or race track property by a person other than the |
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1 | | initial licensee to receive the electronic gaming license is |
2 | | not subject to a surcharge. The Department shall adopt rules |
3 | | necessary to implement and administer this subsection. |
4 | | (c) Personal Property Tax Replacement Income Tax.
|
5 | | Beginning on July 1, 1979 and thereafter, in addition to such |
6 | | income
tax, there is also hereby imposed the Personal Property |
7 | | Tax Replacement
Income Tax measured by net income on every |
8 | | corporation (including Subchapter
S corporations), partnership |
9 | | and trust, for each taxable year ending after
June 30, 1979. |
10 | | Such taxes are imposed on the privilege of earning or
receiving |
11 | | income in or as a resident of this State. The Personal Property
|
12 | | Tax Replacement Income Tax shall be in addition to the income |
13 | | tax imposed
by subsections (a) and (b) of this Section and in |
14 | | addition to all other
occupation or privilege taxes imposed by |
15 | | this State or by any municipal
corporation or political |
16 | | subdivision thereof. |
17 | | (d) Additional Personal Property Tax Replacement Income |
18 | | Tax Rates.
The personal property tax replacement income tax |
19 | | imposed by this subsection
and subsection (c) of this Section |
20 | | in the case of a corporation, other
than a Subchapter S |
21 | | corporation and except as adjusted by subsection (d-1),
shall |
22 | | be an additional amount equal to
2.85% of such taxpayer's net |
23 | | income for the taxable year, except that
beginning on January |
24 | | 1, 1981, and thereafter, the rate of 2.85% specified
in this |
25 | | subsection shall be reduced to 2.5%, and in the case of a
|
26 | | partnership, trust or a Subchapter S corporation shall be an |
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1 | | additional
amount equal to 1.5% of such taxpayer's net income |
2 | | for the taxable year. |
3 | | (d-1) Rate reduction for certain foreign insurers. In the |
4 | | case of a
foreign insurer, as defined by Section 35A-5 of the |
5 | | Illinois Insurance Code,
whose state or country of domicile |
6 | | imposes on insurers domiciled in Illinois
a retaliatory tax |
7 | | (excluding any insurer
whose premiums from reinsurance assumed |
8 | | are 50% or more of its total insurance
premiums as determined |
9 | | under paragraph (2) of subsection (b) of Section 304,
except |
10 | | that for purposes of this determination premiums from |
11 | | reinsurance do
not include premiums from inter-affiliate |
12 | | reinsurance arrangements),
beginning with taxable years ending |
13 | | on or after December 31, 1999,
the sum of
the rates of tax |
14 | | imposed by subsections (b) and (d) shall be reduced (but not
|
15 | | increased) to the rate at which the total amount of tax imposed |
16 | | under this Act,
net of all credits allowed under this Act, |
17 | | shall equal (i) the total amount of
tax that would be imposed |
18 | | on the foreign insurer's net income allocable to
Illinois for |
19 | | the taxable year by such foreign insurer's state or country of
|
20 | | domicile if that net income were subject to all income taxes |
21 | | and taxes
measured by net income imposed by such foreign |
22 | | insurer's state or country of
domicile, net of all credits |
23 | | allowed or (ii) a rate of zero if no such tax is
imposed on such |
24 | | income by the foreign insurer's state of domicile.
For the |
25 | | purposes of this subsection (d-1), an inter-affiliate includes |
26 | | a
mutual insurer under common management. |
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1 | | (1) For the purposes of subsection (d-1), in no event |
2 | | shall the sum of the
rates of tax imposed by subsections |
3 | | (b) and (d) be reduced below the rate at
which the sum of: |
4 | | (A) the total amount of tax imposed on such foreign |
5 | | insurer under
this Act for a taxable year, net of all |
6 | | credits allowed under this Act, plus |
7 | | (B) the privilege tax imposed by Section 409 of the |
8 | | Illinois Insurance
Code, the fire insurance company |
9 | | tax imposed by Section 12 of the Fire
Investigation |
10 | | Act, and the fire department taxes imposed under |
11 | | Section 11-10-1
of the Illinois Municipal Code, |
12 | | equals 1.25% for taxable years ending prior to December 31, |
13 | | 2003, or
1.75% for taxable years ending on or after |
14 | | December 31, 2003, of the net
taxable premiums written for |
15 | | the taxable year,
as described by subsection (1) of Section |
16 | | 409 of the Illinois Insurance Code.
This paragraph will in |
17 | | no event increase the rates imposed under subsections
(b) |
18 | | and (d). |
19 | | (2) Any reduction in the rates of tax imposed by this |
20 | | subsection shall be
applied first against the rates imposed |
21 | | by subsection (b) and only after the
tax imposed by |
22 | | subsection (a) net of all credits allowed under this |
23 | | Section
other than the credit allowed under subsection (i) |
24 | | has been reduced to zero,
against the rates imposed by |
25 | | subsection (d). |
26 | | This subsection (d-1) is exempt from the provisions of |
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1 | | Section 250. |
2 | | (e) Investment credit. A taxpayer shall be allowed a credit
|
3 | | against the Personal Property Tax Replacement Income Tax for
|
4 | | investment in qualified property. |
5 | | (1) A taxpayer shall be allowed a credit equal to .5% |
6 | | of
the basis of qualified property placed in service during |
7 | | the taxable year,
provided such property is placed in |
8 | | service on or after
July 1, 1984. There shall be allowed an |
9 | | additional credit equal
to .5% of the basis of qualified |
10 | | property placed in service during the
taxable year, |
11 | | provided such property is placed in service on or
after |
12 | | July 1, 1986, and the taxpayer's base employment
within |
13 | | Illinois has increased by 1% or more over the preceding |
14 | | year as
determined by the taxpayer's employment records |
15 | | filed with the
Illinois Department of Employment Security. |
16 | | Taxpayers who are new to
Illinois shall be deemed to have |
17 | | met the 1% growth in base employment for
the first year in |
18 | | which they file employment records with the Illinois
|
19 | | Department of Employment Security. The provisions added to |
20 | | this Section by
Public Act 85-1200 (and restored by Public |
21 | | Act 87-895) shall be
construed as declaratory of existing |
22 | | law and not as a new enactment. If,
in any year, the |
23 | | increase in base employment within Illinois over the
|
24 | | preceding year is less than 1%, the additional credit shall |
25 | | be limited to that
percentage times a fraction, the |
26 | | numerator of which is .5% and the denominator
of which is |
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1 | | 1%, but shall not exceed .5%. The investment credit shall |
2 | | not be
allowed to the extent that it would reduce a |
3 | | taxpayer's liability in any tax
year below zero, nor may |
4 | | any credit for qualified property be allowed for any
year |
5 | | other than the year in which the property was placed in |
6 | | service in
Illinois. For tax years ending on or after |
7 | | December 31, 1987, and on or
before December 31, 1988, the |
8 | | credit shall be allowed for the tax year in
which the |
9 | | property is placed in service, or, if the amount of the |
10 | | credit
exceeds the tax liability for that year, whether it |
11 | | exceeds the original
liability or the liability as later |
12 | | amended, such excess may be carried
forward and applied to |
13 | | the tax liability of the 5 taxable years following
the |
14 | | excess credit years if the taxpayer (i) makes investments |
15 | | which cause
the creation of a minimum of 2,000 full-time |
16 | | equivalent jobs in Illinois,
(ii) is located in an |
17 | | enterprise zone established pursuant to the Illinois
|
18 | | Enterprise Zone Act and (iii) is certified by the |
19 | | Department of Commerce
and Community Affairs (now |
20 | | Department of Commerce and Economic Opportunity) as |
21 | | complying with the requirements specified in
clause (i) and |
22 | | (ii) by July 1, 1986. The Department of Commerce and
|
23 | | Community Affairs (now Department of Commerce and Economic |
24 | | Opportunity) shall notify the Department of Revenue of all |
25 | | such
certifications immediately. For tax years ending |
26 | | after December 31, 1988,
the credit shall be allowed for |
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1 | | the tax year in which the property is
placed in service, |
2 | | or, if the amount of the credit exceeds the tax
liability |
3 | | for that year, whether it exceeds the original liability or |
4 | | the
liability as later amended, such excess may be carried |
5 | | forward and applied
to the tax liability of the 5 taxable |
6 | | years following the excess credit
years. The credit shall |
7 | | be applied to the earliest year for which there is
a |
8 | | liability. If there is credit from more than one tax year |
9 | | that is
available to offset a liability, earlier credit |
10 | | shall be applied first. |
11 | | (2) The term "qualified property" means property |
12 | | which: |
13 | | (A) is tangible, whether new or used, including |
14 | | buildings and structural
components of buildings and |
15 | | signs that are real property, but not including
land or |
16 | | improvements to real property that are not a structural |
17 | | component of a
building such as landscaping, sewer |
18 | | lines, local access roads, fencing, parking
lots, and |
19 | | other appurtenances; |
20 | | (B) is depreciable pursuant to Section 167 of the |
21 | | Internal Revenue Code,
except that "3-year property" |
22 | | as defined in Section 168(c)(2)(A) of that
Code is not |
23 | | eligible for the credit provided by this subsection |
24 | | (e); |
25 | | (C) is acquired by purchase as defined in Section |
26 | | 179(d) of
the Internal Revenue Code; |
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1 | | (D) is used in Illinois by a taxpayer who is |
2 | | primarily engaged in
manufacturing, or in mining coal |
3 | | or fluorite, or in retailing, or was placed in service |
4 | | on or after July 1, 2006 in a River Edge Redevelopment |
5 | | Zone established pursuant to the River Edge |
6 | | Redevelopment Zone Act; and |
7 | | (E) has not previously been used in Illinois in |
8 | | such a manner and by
such a person as would qualify for |
9 | | the credit provided by this subsection
(e) or |
10 | | subsection (f). |
11 | | (3) For purposes of this subsection (e), |
12 | | "manufacturing" means
the material staging and production |
13 | | of tangible personal property by
procedures commonly |
14 | | regarded as manufacturing, processing, fabrication, or
|
15 | | assembling which changes some existing material into new |
16 | | shapes, new
qualities, or new combinations. For purposes of |
17 | | this subsection
(e) the term "mining" shall have the same |
18 | | meaning as the term "mining" in
Section 613(c) of the |
19 | | Internal Revenue Code. For purposes of this subsection
(e), |
20 | | the term "retailing" means the sale of tangible personal |
21 | | property for use or consumption and not for resale, or
|
22 | | services rendered in conjunction with the sale of tangible |
23 | | personal property for use or consumption and not for |
24 | | resale. For purposes of this subsection (e), "tangible |
25 | | personal property" has the same meaning as when that term |
26 | | is used in the Retailers' Occupation Tax Act, and, for |
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1 | | taxable years ending after December 31, 2008, does not |
2 | | include the generation, transmission, or distribution of |
3 | | electricity. |
4 | | (4) The basis of qualified property shall be the basis
|
5 | | used to compute the depreciation deduction for federal |
6 | | income tax purposes. |
7 | | (5) If the basis of the property for federal income tax |
8 | | depreciation
purposes is increased after it has been placed |
9 | | in service in Illinois by
the taxpayer, the amount of such |
10 | | increase shall be deemed property placed
in service on the |
11 | | date of such increase in basis. |
12 | | (6) The term "placed in service" shall have the same
|
13 | | meaning as under Section 46 of the Internal Revenue Code. |
14 | | (7) If during any taxable year, any property ceases to
|
15 | | be qualified property in the hands of the taxpayer within |
16 | | 48 months after
being placed in service, or the situs of |
17 | | any qualified property is
moved outside Illinois within 48 |
18 | | months after being placed in service, the
Personal Property |
19 | | Tax Replacement Income Tax for such taxable year shall be
|
20 | | increased. Such increase shall be determined by (i) |
21 | | recomputing the
investment credit which would have been |
22 | | allowed for the year in which
credit for such property was |
23 | | originally allowed by eliminating such
property from such |
24 | | computation and, (ii) subtracting such recomputed credit
|
25 | | from the amount of credit previously allowed. For the |
26 | | purposes of this
paragraph (7), a reduction of the basis of |
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1 | | qualified property resulting
from a redetermination of the |
2 | | purchase price shall be deemed a disposition
of qualified |
3 | | property to the extent of such reduction. |
4 | | (8) Unless the investment credit is extended by law, |
5 | | the
basis of qualified property shall not include costs |
6 | | incurred after
December 31, 2018, except for costs incurred |
7 | | pursuant to a binding
contract entered into on or before |
8 | | December 31, 2018. |
9 | | (9) Each taxable year ending before December 31, 2000, |
10 | | a partnership may
elect to pass through to its
partners the |
11 | | credits to which the partnership is entitled under this |
12 | | subsection
(e) for the taxable year. A partner may use the |
13 | | credit allocated to him or her
under this paragraph only |
14 | | against the tax imposed in subsections (c) and (d) of
this |
15 | | Section. If the partnership makes that election, those |
16 | | credits shall be
allocated among the partners in the |
17 | | partnership in accordance with the rules
set forth in |
18 | | Section 704(b) of the Internal Revenue Code, and the rules
|
19 | | promulgated under that Section, and the allocated amount of |
20 | | the credits shall
be allowed to the partners for that |
21 | | taxable year. The partnership shall make
this election on |
22 | | its Personal Property Tax Replacement Income Tax return for
|
23 | | that taxable year. The election to pass through the credits |
24 | | shall be
irrevocable. |
25 | | For taxable years ending on or after December 31, 2000, |
26 | | a
partner that qualifies its
partnership for a subtraction |
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1 | | under subparagraph (I) of paragraph (2) of
subsection (d) |
2 | | of Section 203 or a shareholder that qualifies a Subchapter |
3 | | S
corporation for a subtraction under subparagraph (S) of |
4 | | paragraph (2) of
subsection (b) of Section 203 shall be |
5 | | allowed a credit under this subsection
(e) equal to its |
6 | | share of the credit earned under this subsection (e) during
|
7 | | the taxable year by the partnership or Subchapter S |
8 | | corporation, determined in
accordance with the |
9 | | determination of income and distributive share of
income |
10 | | under Sections 702 and 704 and Subchapter S of the Internal |
11 | | Revenue
Code. This paragraph is exempt from the provisions |
12 | | of Section 250. |
13 | | (f) Investment credit; Enterprise Zone; River Edge |
14 | | Redevelopment Zone. |
15 | | (1) A taxpayer shall be allowed a credit against the |
16 | | tax imposed
by subsections (a) and (b) of this Section for |
17 | | investment in qualified
property which is placed in service |
18 | | in an Enterprise Zone created
pursuant to the Illinois |
19 | | Enterprise Zone Act or, for property placed in service on |
20 | | or after July 1, 2006, a River Edge Redevelopment Zone |
21 | | established pursuant to the River Edge Redevelopment Zone |
22 | | Act. For partners, shareholders
of Subchapter S |
23 | | corporations, and owners of limited liability companies,
|
24 | | if the liability company is treated as a partnership for |
25 | | purposes of
federal and State income taxation, there shall |
26 | | be allowed a credit under
this subsection (f) to be |
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1 | | determined in accordance with the determination
of income |
2 | | and distributive share of income under Sections 702 and 704 |
3 | | and
Subchapter S of the Internal Revenue Code. The credit |
4 | | shall be .5% of the
basis for such property. The credit |
5 | | shall be available only in the taxable
year in which the |
6 | | property is placed in service in the Enterprise Zone or |
7 | | River Edge Redevelopment Zone and
shall not be allowed to |
8 | | the extent that it would reduce a taxpayer's
liability for |
9 | | the tax imposed by subsections (a) and (b) of this Section |
10 | | to
below zero. For tax years ending on or after December |
11 | | 31, 1985, the credit
shall be allowed for the tax year in |
12 | | which the property is placed in
service, or, if the amount |
13 | | of the credit exceeds the tax liability for that
year, |
14 | | whether it exceeds the original liability or the liability |
15 | | as later
amended, such excess may be carried forward and |
16 | | applied to the tax
liability of the 5 taxable years |
17 | | following the excess credit year.
The credit shall be |
18 | | applied to the earliest year for which there is a
|
19 | | liability. If there is credit from more than one tax year |
20 | | that is available
to offset a liability, the credit |
21 | | accruing first in time shall be applied
first. |
22 | | (2) The term qualified property means property which: |
23 | | (A) is tangible, whether new or used, including |
24 | | buildings and
structural components of buildings; |
25 | | (B) is depreciable pursuant to Section 167 of the |
26 | | Internal Revenue
Code, except that "3-year property" |
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1 | | as defined in Section 168(c)(2)(A) of
that Code is not |
2 | | eligible for the credit provided by this subsection |
3 | | (f); |
4 | | (C) is acquired by purchase as defined in Section |
5 | | 179(d) of
the Internal Revenue Code; |
6 | | (D) is used in the Enterprise Zone or River Edge |
7 | | Redevelopment Zone by the taxpayer; and |
8 | | (E) has not been previously used in Illinois in |
9 | | such a manner and by
such a person as would qualify for |
10 | | the credit provided by this subsection
(f) or |
11 | | subsection (e). |
12 | | (3) The basis of qualified property shall be the basis |
13 | | used to compute
the depreciation deduction for federal |
14 | | income tax purposes. |
15 | | (4) If the basis of the property for federal income tax |
16 | | depreciation
purposes is increased after it has been placed |
17 | | in service in the Enterprise
Zone or River Edge |
18 | | Redevelopment Zone by the taxpayer, the amount of such |
19 | | increase shall be deemed property
placed in service on the |
20 | | date of such increase in basis. |
21 | | (5) The term "placed in service" shall have the same |
22 | | meaning as under
Section 46 of the Internal Revenue Code. |
23 | | (6) If during any taxable year, any property ceases to |
24 | | be qualified
property in the hands of the taxpayer within |
25 | | 48 months after being placed
in service, or the situs of |
26 | | any qualified property is moved outside the
Enterprise Zone |
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1 | | or River Edge Redevelopment Zone within 48 months after |
2 | | being placed in service, the tax
imposed under subsections |
3 | | (a) and (b) of this Section for such taxable year
shall be |
4 | | increased. Such increase shall be determined by (i) |
5 | | recomputing
the investment credit which would have been |
6 | | allowed for the year in which
credit for such property was |
7 | | originally allowed by eliminating such
property from such |
8 | | computation, and (ii) subtracting such recomputed credit
|
9 | | from the amount of credit previously allowed. For the |
10 | | purposes of this
paragraph (6), a reduction of the basis of |
11 | | qualified property resulting
from a redetermination of the |
12 | | purchase price shall be deemed a disposition
of qualified |
13 | | property to the extent of such reduction. |
14 | | (7) There shall be allowed an additional credit equal |
15 | | to 0.5% of the basis of qualified property placed in |
16 | | service during the taxable year in a River Edge |
17 | | Redevelopment Zone, provided such property is placed in |
18 | | service on or after July 1, 2006, and the taxpayer's base |
19 | | employment within Illinois has increased by 1% or more over |
20 | | the preceding year as determined by the taxpayer's |
21 | | employment records filed with the Illinois Department of |
22 | | Employment Security. Taxpayers who are new to Illinois |
23 | | shall be deemed to have met the 1% growth in base |
24 | | employment for the first year in which they file employment |
25 | | records with the Illinois Department of Employment |
26 | | Security. If, in any year, the increase in base employment |
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1 | | within Illinois over the preceding year is less than 1%, |
2 | | the additional credit shall be limited to that percentage |
3 | | times a fraction, the numerator of which is 0.5% and the |
4 | | denominator of which is 1%, but shall not exceed 0.5%.
|
5 | | (g) (Blank). |
6 | | (h) Investment credit; High Impact Business. |
7 | | (1) Subject to subsections (b) and (b-5) of Section
5.5 |
8 | | of the Illinois Enterprise Zone Act, a taxpayer shall be |
9 | | allowed a credit
against the tax imposed by subsections (a) |
10 | | and (b) of this Section for
investment in qualified
|
11 | | property which is placed in service by a Department of |
12 | | Commerce and Economic Opportunity
designated High Impact |
13 | | Business. The credit shall be .5% of the basis
for such |
14 | | property. The credit shall not be available (i) until the |
15 | | minimum
investments in qualified property set forth in |
16 | | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
|
17 | | Enterprise Zone Act have been satisfied
or (ii) until the |
18 | | time authorized in subsection (b-5) of the Illinois
|
19 | | Enterprise Zone Act for entities designated as High Impact |
20 | | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and |
21 | | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone |
22 | | Act, and shall not be allowed to the extent that it would
|
23 | | reduce a taxpayer's liability for the tax imposed by |
24 | | subsections (a) and (b) of
this Section to below zero. The |
25 | | credit applicable to such investments shall be
taken in the |
26 | | taxable year in which such investments have been completed. |
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1 | | The
credit for additional investments beyond the minimum |
2 | | investment by a designated
high impact business authorized |
3 | | under subdivision (a)(3)(A) of Section 5.5 of
the Illinois |
4 | | Enterprise Zone Act shall be available only in the taxable |
5 | | year in
which the property is placed in service and shall |
6 | | not be allowed to the extent
that it would reduce a |
7 | | taxpayer's liability for the tax imposed by subsections
(a) |
8 | | and (b) of this Section to below zero.
For tax years ending |
9 | | on or after December 31, 1987, the credit shall be
allowed |
10 | | for the tax year in which the property is placed in |
11 | | service, or, if
the amount of the credit exceeds the tax |
12 | | liability for that year, whether
it exceeds the original |
13 | | liability or the liability as later amended, such
excess |
14 | | may be carried forward and applied to the tax liability of |
15 | | the 5
taxable years following the excess credit year. The |
16 | | credit shall be
applied to the earliest year for which |
17 | | there is a liability. If there is
credit from more than one |
18 | | tax year that is available to offset a liability,
the |
19 | | credit accruing first in time shall be applied first. |
20 | | Changes made in this subdivision (h)(1) by Public Act |
21 | | 88-670
restore changes made by Public Act 85-1182 and |
22 | | reflect existing law. |
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 |
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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 | | (h); |
5 | | (C) is acquired by purchase as defined in Section |
6 | | 179(d) of the
Internal Revenue Code; and |
7 | | (D) is not eligible for the Enterprise Zone |
8 | | Investment Credit provided
by subsection (f) of this |
9 | | Section. |
10 | | (3) The basis of qualified property shall be the basis |
11 | | used to compute
the depreciation deduction for federal |
12 | | income tax purposes. |
13 | | (4) If the basis of the property for federal income tax |
14 | | depreciation
purposes is increased after it has been placed |
15 | | in service in a federally
designated Foreign Trade Zone or |
16 | | Sub-Zone located in Illinois by the taxpayer,
the amount of |
17 | | such increase shall be deemed property placed in service on
|
18 | | the date of such increase in basis. |
19 | | (5) The term "placed in service" shall have the same |
20 | | meaning as under
Section 46 of the Internal Revenue Code. |
21 | | (6) If during any taxable year ending on or before |
22 | | December 31, 1996,
any property ceases to be qualified
|
23 | | property in the hands of the taxpayer within 48 months |
24 | | after being placed
in service, or the situs of any |
25 | | qualified property is moved outside
Illinois within 48 |
26 | | months after being placed in service, the tax imposed
under |
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1 | | subsections (a) and (b) of this Section for such taxable |
2 | | year shall
be increased. Such increase shall be determined |
3 | | by (i) recomputing the
investment credit which would have |
4 | | been allowed for the year in which
credit for such property |
5 | | was originally allowed by eliminating such
property from |
6 | | such computation, and (ii) subtracting such recomputed |
7 | | credit
from the amount of credit previously allowed. For |
8 | | the purposes of this
paragraph (6), a reduction of the |
9 | | basis of qualified property resulting
from a |
10 | | redetermination of the purchase price shall be deemed a |
11 | | disposition
of qualified property to the extent of such |
12 | | reduction. |
13 | | (7) Beginning with tax years ending after December 31, |
14 | | 1996, if a
taxpayer qualifies for the credit under this |
15 | | subsection (h) and thereby is
granted a tax abatement and |
16 | | the taxpayer relocates its entire facility in
violation of |
17 | | the explicit terms and length of the contract under Section
|
18 | | 18-183 of the Property Tax Code, the tax imposed under |
19 | | subsections
(a) and (b) of this Section shall be increased |
20 | | for the taxable year
in which the taxpayer relocated its |
21 | | facility by an amount equal to the
amount of credit |
22 | | received by the taxpayer under this subsection (h). |
23 | | (i) Credit for Personal Property Tax Replacement Income |
24 | | Tax.
For tax years ending prior to December 31, 2003, a credit |
25 | | shall be allowed
against the tax imposed by
subsections (a) and |
26 | | (b) of this Section for the tax imposed by subsections (c)
and |
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1 | | (d) of this Section. This credit shall be computed by |
2 | | multiplying the tax
imposed by subsections (c) and (d) of this |
3 | | Section by a fraction, the numerator
of which is base income |
4 | | allocable to Illinois and the denominator of which is
Illinois |
5 | | base income, and further multiplying the product by the tax |
6 | | rate
imposed by subsections (a) and (b) of this Section. |
7 | | Any credit earned on or after December 31, 1986 under
this |
8 | | subsection which is unused in the year
the credit is computed |
9 | | because it exceeds the tax liability imposed by
subsections (a) |
10 | | and (b) for that year (whether it exceeds the original
|
11 | | liability or the liability as later amended) may be carried |
12 | | forward and
applied to the tax liability imposed by subsections |
13 | | (a) and (b) of the 5
taxable years following the excess credit |
14 | | year, provided that no credit may
be carried forward to any |
15 | | year ending on or
after December 31, 2003. This credit shall be
|
16 | | applied first to the earliest year for which there is a |
17 | | liability. If
there is a credit under this subsection from more |
18 | | than one tax year that is
available to offset a liability the |
19 | | earliest credit arising under this
subsection shall be applied |
20 | | first. |
21 | | If, during any taxable year ending on or after December 31, |
22 | | 1986, the
tax imposed by subsections (c) and (d) of this |
23 | | Section for which a taxpayer
has claimed a credit under this |
24 | | subsection (i) is reduced, the amount of
credit for such tax |
25 | | shall also be reduced. Such reduction shall be
determined by |
26 | | recomputing the credit to take into account the reduced tax
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1 | | imposed by subsections (c) and (d). If any portion of the
|
2 | | reduced amount of credit has been carried to a different |
3 | | taxable year, an
amended return shall be filed for such taxable |
4 | | year to reduce the amount of
credit claimed. |
5 | | (j) Training expense credit. Beginning with tax years |
6 | | ending on or
after December 31, 1986 and prior to December 31, |
7 | | 2003, a taxpayer shall be
allowed a credit against the
tax |
8 | | imposed by subsections (a) and (b) under this Section
for all |
9 | | amounts paid or accrued, on behalf of all persons
employed by |
10 | | the taxpayer in Illinois or Illinois residents employed
outside |
11 | | of Illinois by a taxpayer, for educational or vocational |
12 | | training in
semi-technical or technical fields or semi-skilled |
13 | | or skilled fields, which
were deducted from gross income in the |
14 | | computation of taxable income. The
credit against the tax |
15 | | imposed by subsections (a) and (b) shall be 1.6% of
such |
16 | | training expenses. For partners, shareholders of subchapter S
|
17 | | corporations, and owners of limited liability companies, if the |
18 | | liability
company is treated as a partnership for purposes of |
19 | | federal and State income
taxation, there shall be allowed a |
20 | | credit under this subsection (j) to be
determined in accordance |
21 | | with the determination of income and distributive
share of |
22 | | income under Sections 702 and 704 and subchapter S of the |
23 | | Internal
Revenue Code. |
24 | | Any credit allowed under this subsection which is unused in |
25 | | the year
the credit is earned may be carried forward to each of |
26 | | the 5 taxable
years following the year for which the credit is |
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1 | | first computed until it is
used. This credit shall be applied |
2 | | first to the earliest year for which
there is a liability. If |
3 | | there is a credit under this subsection from more
than one tax |
4 | | year that is available to offset a liability the earliest
|
5 | | credit arising under this subsection shall be applied first. No |
6 | | carryforward
credit may be claimed in any tax year ending on or |
7 | | after
December 31, 2003. |
8 | | (k) Research and development credit. For tax years ending |
9 | | after July 1, 1990 and prior to
December 31, 2003, and |
10 | | beginning again for tax years ending on or after December 31, |
11 | | 2004, and ending prior to January 1, 2022, a taxpayer shall be
|
12 | | allowed a credit against the tax imposed by subsections (a) and |
13 | | (b) of this
Section for increasing research activities in this |
14 | | State. The credit
allowed against the tax imposed by |
15 | | subsections (a) and (b) shall be equal
to 6 1/2% of the |
16 | | qualifying expenditures for increasing research activities
in |
17 | | this State. 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 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 | | For purposes of this subsection, "qualifying expenditures" |
26 | | means the
qualifying expenditures as defined for the federal |
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1 | | credit for increasing
research activities which would be |
2 | | allowable under Section 41 of the
Internal Revenue Code and |
3 | | which are conducted in this State, "qualifying
expenditures for |
4 | | increasing research activities in this State" means the
excess |
5 | | of qualifying expenditures for the taxable year in which |
6 | | incurred
over qualifying expenditures for the base period, |
7 | | "qualifying expenditures
for the base period" means the average |
8 | | of the qualifying expenditures for
each year in the base |
9 | | period, and "base period" means the 3 taxable years
immediately |
10 | | preceding the taxable year for which the determination is
being |
11 | | made. |
12 | | Any credit in excess of the tax liability for the taxable |
13 | | year
may be carried forward. A taxpayer may elect to have the
|
14 | | unused credit shown on its final completed return carried over |
15 | | as a credit
against the tax liability for the following 5 |
16 | | taxable years or until it has
been fully used, whichever occurs |
17 | | first; provided that no credit earned in a tax year ending |
18 | | prior to December 31, 2003 may be carried forward to any year |
19 | | ending on or after December 31, 2003. |
20 | | If an unused credit is carried forward to a given year from |
21 | | 2 or more
earlier years, that credit arising in the earliest |
22 | | year will be applied
first against the tax liability for the |
23 | | given year. If a tax liability for
the given year still |
24 | | remains, the credit from the next earliest year will
then be |
25 | | applied, and so on, until all credits have been used or no tax
|
26 | | liability for the given year remains. Any remaining unused |
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1 | | credit or
credits then will be carried forward to the next |
2 | | following year in which a
tax liability is incurred, except |
3 | | that no credit can be carried forward to
a year which is more |
4 | | than 5 years after the year in which the expense for
which the |
5 | | credit is given was incurred. |
6 | | No inference shall be drawn from this amendatory Act of the |
7 | | 91st General
Assembly in construing this Section for taxable |
8 | | years beginning before January
1, 1999. |
9 | | It is the intent of the General Assembly that the research |
10 | | and development credit under this subsection (k) shall apply |
11 | | continuously for all tax years ending on or after December 31, |
12 | | 2004 and ending prior to January 1, 2022, including, but not |
13 | | limited to, the period beginning on January 1, 2016 and ending |
14 | | on the effective date of this amendatory Act of the 100th |
15 | | General Assembly. All actions taken in reliance on the |
16 | | continuation of the credit under this subsection (k) by any |
17 | | taxpayer are hereby validated. |
18 | | (l) Environmental Remediation Tax Credit. |
19 | | (i) For tax years ending after December 31, 1997 and on |
20 | | or before
December 31, 2001, a taxpayer shall be allowed a |
21 | | credit against the tax
imposed by subsections (a) and (b) |
22 | | of this Section for certain amounts paid
for unreimbursed |
23 | | eligible remediation costs, as specified in this |
24 | | subsection.
For purposes of this Section, "unreimbursed |
25 | | eligible remediation costs" means
costs approved by the |
26 | | Illinois Environmental Protection Agency ("Agency") under
|
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1 | | Section 58.14 of the Environmental Protection Act that were |
2 | | paid in performing
environmental remediation at a site for |
3 | | which a No Further Remediation Letter
was issued by the |
4 | | Agency and recorded under Section 58.10 of the |
5 | | Environmental
Protection Act. The credit must be claimed |
6 | | for the taxable year in which
Agency approval of the |
7 | | eligible remediation costs is granted. The credit is
not |
8 | | available to any taxpayer if the taxpayer or any related |
9 | | party caused or
contributed to, in any material respect, a |
10 | | release of regulated substances on,
in, or under the site |
11 | | that was identified and addressed by the remedial
action |
12 | | pursuant to the Site Remediation Program of the |
13 | | Environmental Protection
Act. After the Pollution Control |
14 | | Board rules are adopted pursuant to the
Illinois |
15 | | Administrative Procedure Act for the administration and |
16 | | enforcement of
Section 58.9 of the Environmental |
17 | | Protection Act, determinations as to credit
availability |
18 | | for purposes of this Section shall be made consistent with |
19 | | those
rules. For purposes of this Section, "taxpayer" |
20 | | includes a person whose tax
attributes the taxpayer has |
21 | | succeeded to under Section 381 of the Internal
Revenue Code |
22 | | and "related party" includes the persons disallowed a |
23 | | deduction
for losses by paragraphs (b), (c), and (f)(1) of |
24 | | Section 267 of the Internal
Revenue Code by virtue of being |
25 | | a related taxpayer, as well as any of its
partners. The |
26 | | credit allowed against the tax imposed by subsections (a) |
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1 | | and
(b) shall be equal to 25% of the unreimbursed eligible |
2 | | remediation costs in
excess of $100,000 per site, except |
3 | | that the $100,000 threshold shall not apply
to any site |
4 | | contained in an enterprise zone as determined by the |
5 | | Department of
Commerce and Community Affairs (now |
6 | | Department of Commerce and Economic Opportunity). The |
7 | | total credit allowed shall not exceed
$40,000 per year with |
8 | | a maximum total of $150,000 per site. For partners and
|
9 | | shareholders of subchapter S corporations, there shall be |
10 | | allowed a credit
under this subsection to be determined in |
11 | | accordance with the determination of
income and |
12 | | distributive share of income under Sections 702 and 704 and
|
13 | | subchapter S of the Internal Revenue Code. |
14 | | (ii) A credit allowed under this subsection that is |
15 | | unused in the year
the credit is earned may be carried |
16 | | forward to each of the 5 taxable years
following the year |
17 | | for which the credit is first earned until it is used.
The |
18 | | term "unused credit" does not include any amounts of |
19 | | unreimbursed eligible
remediation costs in excess of the |
20 | | maximum credit per site authorized under
paragraph (i). |
21 | | This credit shall be applied first to the earliest year
for |
22 | | which there is a liability. If there is a credit under this |
23 | | subsection
from more than one tax year that is available to |
24 | | offset a liability, the
earliest credit arising under this |
25 | | subsection shall be applied first. A
credit allowed under |
26 | | this subsection may be sold to a buyer as part of a sale
of |
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1 | | all or part of the remediation site for which the credit |
2 | | was granted. The
purchaser of a remediation site and the |
3 | | tax credit shall succeed to the unused
credit and remaining |
4 | | carry-forward period of the seller. To perfect the
|
5 | | transfer, the assignor shall record the transfer in the |
6 | | chain of title for the
site and provide written notice to |
7 | | the Director of the Illinois Department of
Revenue of the |
8 | | assignor's intent to sell the remediation site and the |
9 | | amount of
the tax credit to be transferred as a portion of |
10 | | the sale. In no event may a
credit be transferred to any |
11 | | taxpayer if the taxpayer or a related party would
not be |
12 | | eligible under the provisions of subsection (i). |
13 | | (iii) For purposes of this Section, the term "site" |
14 | | shall have the same
meaning as under Section 58.2 of the |
15 | | Environmental Protection Act. |
16 | | (m) Education expense credit. Beginning with tax years |
17 | | ending after
December 31, 1999, a taxpayer who
is the custodian |
18 | | of one or more qualifying pupils shall be allowed a credit
|
19 | | against the tax imposed by subsections (a) and (b) of this |
20 | | Section for
qualified education expenses incurred on behalf of |
21 | | the qualifying pupils.
The credit shall be equal to 25% of |
22 | | qualified education expenses, but in no
event may the total |
23 | | credit under this subsection claimed by a
family that is the
|
24 | | custodian of qualifying pupils exceed (i) $500 for tax years |
25 | | ending prior to December 31, 2017, and (ii) $750 for tax years |
26 | | ending on or after December 31, 2017. In no event shall a |
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1 | | credit under
this subsection reduce the taxpayer's liability |
2 | | under this Act to less than
zero. Notwithstanding any other |
3 | | provision of law, for taxable years beginning on or after |
4 | | January 1, 2017, no taxpayer may claim a credit under this |
5 | | subsection (m) if the taxpayer's adjusted gross income for the |
6 | | taxable year exceeds (i) $500,000, in the case of spouses |
7 | | filing a joint federal tax return or (ii) $250,000, in the case |
8 | | of all other taxpayers. This subsection is exempt from the |
9 | | provisions of Section 250 of this
Act. |
10 | | For purposes of this subsection: |
11 | | "Qualifying pupils" means individuals who (i) are |
12 | | residents of the State of
Illinois, (ii) are under the age of |
13 | | 21 at the close of the school year for
which a credit is |
14 | | sought, and (iii) during the school year for which a credit
is |
15 | | sought were full-time pupils enrolled in a kindergarten through |
16 | | twelfth
grade education program at any school, as defined in |
17 | | this subsection. |
18 | | "Qualified education expense" means the amount incurred
on |
19 | | behalf of a qualifying pupil in excess of $250 for tuition, |
20 | | book fees, and
lab fees at the school in which the pupil is |
21 | | enrolled during the regular school
year. |
22 | | "School" means any public or nonpublic elementary or |
23 | | secondary school in
Illinois that is in compliance with Title |
24 | | VI of the Civil Rights Act of 1964
and attendance at which |
25 | | satisfies the requirements of Section 26-1 of the
School Code, |
26 | | except that nothing shall be construed to require a child to
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1 | | attend any particular public or nonpublic school to qualify for |
2 | | the credit
under this Section. |
3 | | "Custodian" means, with respect to qualifying pupils, an |
4 | | Illinois resident
who is a parent, the parents, a legal |
5 | | guardian, or the legal guardians of the
qualifying pupils. |
6 | | (n) River Edge Redevelopment Zone site remediation tax |
7 | | credit.
|
8 | | (i) For tax years ending on or after December 31, 2006, |
9 | | a taxpayer shall be allowed a credit against the tax |
10 | | imposed by subsections (a) and (b) of this Section for |
11 | | certain amounts paid for unreimbursed eligible remediation |
12 | | costs, as specified in this subsection. For purposes of |
13 | | this Section, "unreimbursed eligible remediation costs" |
14 | | means costs approved by the Illinois Environmental |
15 | | Protection Agency ("Agency") under Section 58.14a of the |
16 | | Environmental Protection Act that were paid in performing |
17 | | environmental remediation at a site within a River Edge |
18 | | Redevelopment Zone for which a No Further Remediation |
19 | | Letter was issued by the Agency and recorded under Section |
20 | | 58.10 of the Environmental Protection Act. The credit must |
21 | | be claimed for the taxable year in which Agency approval of |
22 | | the eligible remediation costs is granted. The credit is |
23 | | not available to any taxpayer if the taxpayer or any |
24 | | related party caused or contributed to, in any material |
25 | | respect, a release of regulated substances on, in, or under |
26 | | the site that was identified and addressed by the remedial |
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1 | | action pursuant to the Site Remediation Program of the |
2 | | Environmental Protection Act. Determinations as to credit |
3 | | availability for purposes of this Section shall be made |
4 | | consistent with rules adopted by the Pollution Control |
5 | | Board pursuant to the Illinois Administrative Procedure |
6 | | Act for the administration and enforcement of Section 58.9 |
7 | | of the Environmental Protection Act. For purposes of this |
8 | | Section, "taxpayer" includes a person whose tax attributes |
9 | | the taxpayer has succeeded to under Section 381 of the |
10 | | Internal Revenue Code and "related party" includes the |
11 | | persons disallowed a deduction for losses by paragraphs |
12 | | (b), (c), and (f)(1) of Section 267 of the Internal Revenue |
13 | | Code by virtue of being a related taxpayer, as well as any |
14 | | of its partners. The credit allowed against the tax imposed |
15 | | by subsections (a) and (b) shall be equal to 25% of the |
16 | | unreimbursed eligible remediation costs in excess of |
17 | | $100,000 per site. |
18 | | (ii) A credit allowed under this subsection that is |
19 | | unused in the year the credit is earned may be carried |
20 | | forward to each of the 5 taxable years following the year |
21 | | for which the credit is first earned until it is used. This |
22 | | credit shall be applied first to the earliest year for |
23 | | which there is a liability. If there is a credit under this |
24 | | subsection from more than one tax year that is available to |
25 | | offset a liability, the earliest credit arising under this |
26 | | subsection shall be applied first. A credit allowed under |
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1 | | this subsection may be sold to a buyer as part of a sale of |
2 | | all or part of the remediation site for which the credit |
3 | | was granted. The purchaser of a remediation site and the |
4 | | tax credit shall succeed to the unused credit and remaining |
5 | | carry-forward period of the seller. To perfect the |
6 | | transfer, the assignor shall record the transfer in the |
7 | | chain of title for the site and provide written notice to |
8 | | the Director of the Illinois Department of Revenue of the |
9 | | assignor's intent to sell the remediation site and the |
10 | | amount of the tax credit to be transferred as a portion of |
11 | | the sale. In no event may a credit be transferred to any |
12 | | taxpayer if the taxpayer or a related party would not be |
13 | | eligible under the provisions of subsection (i). |
14 | | (iii) For purposes of this Section, the term "site" |
15 | | shall have the same meaning as under Section 58.2 of the |
16 | | Environmental Protection Act. |
17 | | (o) For each of taxable years during the Compassionate Use |
18 | | of Medical Cannabis Pilot Program, a surcharge is imposed on |
19 | | all taxpayers on income arising from the sale or exchange of |
20 | | capital assets, depreciable business property, real property |
21 | | used in the trade or business, and Section 197 intangibles of |
22 | | an organization registrant under the Compassionate Use of |
23 | | Medical Cannabis Pilot Program Act. The amount of the surcharge |
24 | | is equal to the amount of federal income tax liability for the |
25 | | taxable year attributable to those sales and exchanges. The |
26 | | surcharge imposed does not apply if: |
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1 | | (1) the medical cannabis cultivation center |
2 | | registration, medical cannabis dispensary registration, or |
3 | | the property of a registration is transferred as a result |
4 | | of any of the following: |
5 | | (A) bankruptcy, a receivership, or a debt |
6 | | adjustment initiated by or against the initial |
7 | | registration or the substantial owners of the initial |
8 | | registration; |
9 | | (B) cancellation, revocation, or termination of |
10 | | any registration by the Illinois Department of Public |
11 | | Health; |
12 | | (C) a determination by the Illinois Department of |
13 | | Public Health that transfer of the registration is in |
14 | | the best interests of Illinois qualifying patients as |
15 | | defined by the Compassionate Use of Medical Cannabis |
16 | | Pilot Program Act; |
17 | | (D) the death of an owner of the equity interest in |
18 | | a registrant; |
19 | | (E) the acquisition of a controlling interest in |
20 | | the stock or substantially all of the assets of a |
21 | | publicly traded company; |
22 | | (F) a transfer by a parent company to a wholly |
23 | | owned subsidiary; or |
24 | | (G) the transfer or sale to or by one person to |
25 | | another person where both persons were initial owners |
26 | | of the registration when the registration was issued; |
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1 | | or |
2 | | (2) the cannabis cultivation center registration, |
3 | | medical cannabis dispensary registration, or the |
4 | | controlling interest in a registrant's property is |
5 | | transferred in a transaction to lineal descendants in which |
6 | | no gain or loss is recognized or as a result of a |
7 | | transaction in accordance with Section 351 of the Internal |
8 | | Revenue Code in which no gain or loss is recognized. |
9 | | (Source: P.A. 100-22, eff. 7-6-17.)
|
10 | | (35 ILCS 5/303) (from Ch. 120, par. 3-303)
|
11 | | Sec. 303. (a) In general. Any item of capital gain or loss, |
12 | | and any
item of income from rents or royalties from real or |
13 | | tangible personal
property, interest, dividends, and patent or |
14 | | copyright royalties, and prizes
awarded under the Illinois |
15 | | Lottery Law, and, for taxable years ending on or after December |
16 | | 31, 2018, wagering and gambling winnings from Illinois sources |
17 | | as set forth in subsection (e-1) of this Section, to the extent |
18 | | such item constitutes
nonbusiness income, together with any |
19 | | item of deduction directly allocable
thereto, shall be |
20 | | allocated by any person other than a resident as provided
in |
21 | | this Section.
|
22 | | (b) Capital gains and losses. |
23 | | (1) Real property. Capital gains and
losses from sales |
24 | | or exchanges of real property are allocable to this State
|
25 | | if the property is located in this State.
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1 | | (2) Tangible personal property. Capital gains and |
2 | | losses from sales
or exchanges of tangible personal |
3 | | property are allocable to this State if,
at the time of |
4 | | such sale or exchange:
|
5 | | (A) The property had its situs in this State; or
|
6 | | (B) The taxpayer had its commercial domicile in |
7 | | this State and was not
taxable in the state in which |
8 | | the property had its situs.
|
9 | | (3) Intangibles. Capital gains and losses from sales or |
10 | | exchanges of
intangible personal property are allocable to |
11 | | this State if the taxpayer
had its commercial domicile in |
12 | | this State at the time of such sale or
exchange.
|
13 | | (c) Rents and royalties. |
14 | | (1) Real property. Rents and royalties
from real |
15 | | property are allocable to this State if the property is |
16 | | located
in this State.
|
17 | | (2) Tangible personal property. Rents and royalties |
18 | | from tangible
personal property are allocable to this |
19 | | State:
|
20 | | (A) If and to the extent that the property is |
21 | | utilized in this State; or
|
22 | | (B) In their entirety if, at the time such rents or |
23 | | royalties were paid
or accrued, the taxpayer had its |
24 | | commercial domicile in this State and was
not organized |
25 | | under the laws of or taxable with respect to such rents |
26 | | or
royalties in the state in which the property was |
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1 | | utilized.
The extent of utilization of tangible |
2 | | personal property in a state is
determined by |
3 | | multiplying the rents or royalties derived from such |
4 | | property
by a fraction, the numerator of which is the |
5 | | number of days of physical
location of the property in |
6 | | the state during the rental or royalty period
in the |
7 | | taxable year and the denominator of which is the number |
8 | | of days of
physical location of the property everywhere |
9 | | during all rental or royalty
periods in the taxable |
10 | | year. If the physical location of the property
during |
11 | | the rental or royalty period is unknown or |
12 | | unascertainable by the
taxpayer, tangible personal |
13 | | property is utilized in the state in which the
property |
14 | | was located at the time the rental or royalty payer |
15 | | obtained
possession.
|
16 | | (d) Patent and copyright royalties.
|
17 | | (1) Allocation. Patent and copyright royalties are |
18 | | allocable to this
State:
|
19 | | (A) If and to the extent that the patent or |
20 | | copyright is utilized by the
payer in this State; or
|
21 | | (B) If and to the extent that the patent or |
22 | | copyright is utilized by the
payer in a state in which |
23 | | the taxpayer is not taxable with respect to such
|
24 | | royalties and, at the time such royalties were paid or |
25 | | accrued, the
taxpayer had its commercial domicile in |
26 | | this State.
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1 | | (2) Utilization.
|
2 | | (A) A patent is utilized in a state to the extent |
3 | | that it is employed in
production, fabrication, |
4 | | manufacturing or other processing in the state or
to |
5 | | the extent that a patented product is produced in the |
6 | | state. If the
basis of receipts from patent royalties |
7 | | does not permit allocation to
states or if the |
8 | | accounting procedures do not reflect states of
|
9 | | utilization, the patent is utilized in this State if |
10 | | the taxpayer has its
commercial domicile in this State.
|
11 | | (B) A copyright is utilized in a state to the |
12 | | extent that printing or
other publication originates |
13 | | in the state. If the basis of receipts from
copyright |
14 | | royalties does not permit allocation to states or if |
15 | | the
accounting procedures do not reflect states of |
16 | | utilization, the copyright
is utilized in this State if |
17 | | the taxpayer has its commercial domicile in
this State.
|
18 | | (e) Illinois lottery prizes. Prizes awarded under the |
19 | | Illinois Lottery Law are allocable to this State. Payments |
20 | | received in taxable years ending on or after December 31, 2013, |
21 | | from the assignment of a prize under Section 13.1 of the |
22 | | Illinois Lottery Law are allocable to this State.
|
23 | | (e-1) Wagering and gambling winnings. Payments received in |
24 | | taxable years ending on or after December 31, 2018 of winnings |
25 | | from pari-mutuel wagering conducted at a wagering facility |
26 | | licensed under the Illinois Horse Racing Act of 1975 and from |
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1 | | gambling games conducted on a riverboat or in a casino or |
2 | | electronic gaming facility licensed under the Illinois |
3 | | Gambling Act are allocable to this State. |
4 | | (e-5) Unemployment benefits. Unemployment benefits paid by |
5 | | the Illinois Department of Employment Security are allocable to |
6 | | this State. |
7 | | (f) Taxability in other state. For purposes of allocation |
8 | | of income
pursuant to this Section, a taxpayer is taxable in |
9 | | another state if:
|
10 | | (1) In that state he is subject to a net income tax, a |
11 | | franchise tax
measured by net income, a franchise tax for |
12 | | the privilege of doing
business, or a corporate stock tax; |
13 | | or
|
14 | | (2) That state has jurisdiction to subject the taxpayer |
15 | | to a net income
tax regardless of whether, in fact, the |
16 | | state does or does not.
|
17 | | (g) Cross references. |
18 | | (1) For allocation of interest and dividends by
persons |
19 | | other than residents, see Section 301(c)(2).
|
20 | | (2) For allocation of nonbusiness income by residents, |
21 | | see Section
301(a).
|
22 | | (Source: P.A. 97-709, eff. 7-1-12; 98-496, eff. 1-1-14.)
|
23 | | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
|
24 | | Sec. 304. Business income of persons other than residents.
|
25 | | (a) In general. The business income of a person other than |
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1 | | a
resident shall be allocated to this State if such person's |
2 | | business
income is derived solely from this State. If a person |
3 | | other than a
resident derives business income from this State |
4 | | and one or more other
states, then, for tax years ending on or |
5 | | before December 30, 1998, and
except as otherwise provided by |
6 | | this Section, such
person's business income shall be |
7 | | apportioned to this State by
multiplying the income by a |
8 | | fraction, the numerator of which is the sum
of the property |
9 | | factor (if any), the payroll factor (if any) and 200% of the
|
10 | | sales factor (if any), and the denominator of which is 4 |
11 | | reduced by the
number of factors other than the sales factor |
12 | | which have a denominator
of zero and by an additional 2 if the |
13 | | sales factor has a denominator of zero.
For tax years ending on |
14 | | or after December 31, 1998, and except as otherwise
provided by |
15 | | this Section, persons other than
residents who derive business |
16 | | income from this State and one or more other
states shall |
17 | | compute their apportionment factor by weighting their |
18 | | property,
payroll, and sales factors as provided in
subsection |
19 | | (h) of this Section.
|
20 | | (1) Property factor.
|
21 | | (A) The property factor is a fraction, the numerator of |
22 | | which is the
average value of the person's real and |
23 | | tangible personal property owned
or rented and used in the |
24 | | trade or business in this State during the
taxable year and |
25 | | the denominator of which is the average value of all
the |
26 | | person's real and tangible personal property owned or |
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1 | | rented and
used in the trade or business during the taxable |
2 | | year.
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3 | | (B) Property owned by the person is valued at its |
4 | | original cost.
Property rented by the person is valued at 8 |
5 | | times the net annual rental
rate. Net annual rental rate is |
6 | | the annual rental rate paid by the
person less any annual |
7 | | rental rate received by the person from
sub-rentals.
|
8 | | (C) The average value of property shall be determined |
9 | | by averaging
the values at the beginning and ending of the |
10 | | taxable year but the
Director may require the averaging of |
11 | | monthly values during the taxable
year if reasonably |
12 | | required to reflect properly the average value of the
|
13 | | person's property.
|
14 | | (2) Payroll factor.
|
15 | | (A) The payroll factor is a fraction, the numerator of |
16 | | which is the
total amount paid in this State during the |
17 | | taxable year by the person
for compensation, and the |
18 | | denominator of which is the total compensation
paid |
19 | | everywhere during the taxable year.
|
20 | | (B) Compensation is paid in this State if:
|
21 | | (i) The individual's service is performed entirely |
22 | | within this
State;
|
23 | | (ii) The individual's service is performed both |
24 | | within and without
this State, but the service |
25 | | performed without this State is incidental
to the |
26 | | individual's service performed within this State; or
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1 | | (iii) Some of the service is performed within this |
2 | | State and either
the base of operations, or if there is |
3 | | no base of operations, the place
from which the service |
4 | | is directed or controlled is within this State,
or the |
5 | | base of operations or the place from which the service |
6 | | is
directed or controlled is not in any state in which |
7 | | some part of the
service is performed, but the |
8 | | individual's residence is in this State.
|
9 | | (iv) Compensation paid to nonresident professional |
10 | | athletes. |
11 | | (a) General. The Illinois source income of a |
12 | | nonresident individual who is a member of a |
13 | | professional athletic team includes the portion of the |
14 | | individual's total compensation for services performed |
15 | | as a member of a professional athletic team during the |
16 | | taxable year which the number of duty days spent within |
17 | | this State performing services for the team in any |
18 | | manner during the taxable year bears to the total |
19 | | number of duty days spent both within and without this |
20 | | State during the taxable year. |
21 | | (b) Travel days. Travel days that do not involve |
22 | | either a game, practice, team meeting, or other similar |
23 | | team event are not considered duty days spent in this |
24 | | State. However, such travel days are considered in the |
25 | | total duty days spent both within and without this |
26 | | State. |
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1 | | (c) Definitions. For purposes of this subpart |
2 | | (iv): |
3 | | (1) The term "professional athletic team" |
4 | | includes, but is not limited to, any professional |
5 | | baseball, basketball, football, soccer, or hockey |
6 | | team. |
7 | | (2) The term "member of a professional |
8 | | athletic team" includes those employees who are |
9 | | active players, players on the disabled list, and |
10 | | any other persons required to travel and who travel |
11 | | with and perform services on behalf of a |
12 | | professional athletic team on a regular basis. |
13 | | This includes, but is not limited to, coaches, |
14 | | managers, and trainers. |
15 | | (3) Except as provided in items (C) and (D) of |
16 | | this subpart (3), the term "duty days" means all |
17 | | days during the taxable year from the beginning of |
18 | | the professional athletic team's official |
19 | | pre-season training period through the last game |
20 | | in which the team competes or is scheduled to |
21 | | compete. Duty days shall be counted for the year in |
22 | | which they occur, including where a team's |
23 | | official pre-season training period through the |
24 | | last game in which the team competes or is |
25 | | scheduled to compete, occurs during more than one |
26 | | tax year. |
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1 | | (A) Duty days shall also include days on |
2 | | which a member of a professional athletic team |
3 | | performs service for a team on a date that does |
4 | | not fall within the foregoing period (e.g., |
5 | | participation in instructional leagues, the |
6 | | "All Star Game", or promotional "caravans"). |
7 | | Performing a service for a professional |
8 | | athletic team includes conducting training and |
9 | | rehabilitation activities, when such |
10 | | activities are conducted at team facilities. |
11 | | (B) Also included in duty days are game |
12 | | days, practice days, days spent at team |
13 | | meetings, promotional caravans, preseason |
14 | | training camps, and days served with the team |
15 | | through all post-season games in which the team |
16 | | competes or is scheduled to compete. |
17 | | (C) Duty days for any person who joins a |
18 | | team during the period from the beginning of |
19 | | the professional athletic team's official |
20 | | pre-season training period through the last |
21 | | game in which the team competes, or is |
22 | | scheduled to compete, shall begin on the day |
23 | | that person joins the team. Conversely, duty |
24 | | days for any person who leaves a team during |
25 | | this period shall end on the day that person |
26 | | leaves the team. Where a person switches teams |
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1 | | during a taxable year, a separate duty-day |
2 | | calculation shall be made for the period the |
3 | | person was with each team. |
4 | | (D) Days for which a member of a |
5 | | professional athletic team is not compensated |
6 | | and is not performing services for the team in |
7 | | any manner, including days when such member of |
8 | | a professional athletic team has been |
9 | | suspended without pay and prohibited from |
10 | | performing any services for the team, shall not |
11 | | be treated as duty days. |
12 | | (E) Days for which a member of a |
13 | | professional athletic team is on the disabled |
14 | | list and does not conduct rehabilitation |
15 | | activities at facilities of the team, and is |
16 | | not otherwise performing services for the team |
17 | | in Illinois, shall not be considered duty days |
18 | | spent in this State. All days on the disabled |
19 | | list, however, are considered to be included in |
20 | | total duty days spent both within and without |
21 | | this State. |
22 | | (4) The term "total compensation for services |
23 | | performed as a member of a professional athletic |
24 | | team" means the total compensation received during |
25 | | the taxable year for services performed: |
26 | | (A) from the beginning of the official |
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1 | | pre-season training period through the last |
2 | | game in which the team competes or is scheduled |
3 | | to compete during that taxable year; and |
4 | | (B) during the taxable year on a date which |
5 | | does not fall within the foregoing period |
6 | | (e.g., participation in instructional leagues, |
7 | | the "All Star Game", or promotional caravans). |
8 | | This compensation shall include, but is not |
9 | | limited to, salaries, wages, bonuses as described |
10 | | in this subpart, and any other type of compensation |
11 | | paid during the taxable year to a member of a |
12 | | professional athletic team for services performed |
13 | | in that year. This compensation does not include |
14 | | strike benefits, severance pay, termination pay, |
15 | | contract or option year buy-out payments, |
16 | | expansion or relocation payments, or any other |
17 | | payments not related to services performed for the |
18 | | team. |
19 | | For purposes of this subparagraph, "bonuses" |
20 | | included in "total compensation for services |
21 | | performed as a member of a professional athletic |
22 | | team" subject to the allocation described in |
23 | | Section 302(c)(1) are: bonuses earned as a result |
24 | | of play (i.e., performance bonuses) during the |
25 | | season, including bonuses paid for championship, |
26 | | playoff or "bowl" games played by a team, or for |
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1 | | selection to all-star league or other honorary |
2 | | positions; and bonuses paid for signing a |
3 | | contract, unless the payment of the signing bonus |
4 | | is not conditional upon the signee playing any |
5 | | games for the team or performing any subsequent |
6 | | services for the team or even making the team, the |
7 | | signing bonus is payable separately from the |
8 | | salary and any other compensation, and the signing |
9 | | bonus is nonrefundable.
|
10 | | (3) Sales factor.
|
11 | | (A) The sales factor is a fraction, the numerator of |
12 | | which is the
total sales of the person in this State during |
13 | | the taxable year, and the
denominator of which is the total |
14 | | sales of the person everywhere during
the taxable year.
|
15 | | (B) Sales of tangible personal property are in this |
16 | | State if:
|
17 | | (i) The property is delivered or shipped to a |
18 | | purchaser, other than
the United States government, |
19 | | within this State regardless of the f. o.
b. point or |
20 | | other conditions of the sale; or
|
21 | | (ii) The property is shipped from an office, store, |
22 | | warehouse,
factory or other place of storage in this |
23 | | State and either the purchaser
is the United States |
24 | | government or the person is not taxable in the
state of |
25 | | the purchaser; provided, however, that premises owned |
26 | | or leased
by a person who has independently contracted |
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1 | | with the seller for the printing
of newspapers, |
2 | | periodicals or books shall not be deemed to be an |
3 | | office,
store, warehouse, factory or other place of |
4 | | storage for purposes of this
Section.
Sales of tangible |
5 | | personal property are not in this State if the
seller |
6 | | and purchaser would be members of the same unitary |
7 | | business group
but for the fact that either the seller |
8 | | or purchaser is a person with 80%
or more of total |
9 | | business activity outside of the United States and the
|
10 | | property is purchased for resale.
|
11 | | (B-1) Patents, copyrights, trademarks, and similar |
12 | | items of intangible
personal property.
|
13 | | (i) Gross receipts from the licensing, sale, or |
14 | | other disposition of a
patent, copyright, trademark, |
15 | | or similar item of intangible personal property, other |
16 | | than gross receipts governed by paragraph (B-7) of this |
17 | | item (3),
are in this State to the extent the item is |
18 | | utilized in this State during the
year the gross |
19 | | receipts are included in gross income.
|
20 | | (ii) Place of utilization.
|
21 | | (I) A patent is utilized in a state to the |
22 | | extent that it is employed
in production, |
23 | | fabrication, manufacturing, or other processing in |
24 | | the state or
to the extent that a patented product |
25 | | is produced in the state. If a patent is
utilized |
26 | | in
more than one state, the extent to which it is |
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1 | | utilized in any one state shall
be a fraction equal |
2 | | to the gross receipts of the licensee or purchaser |
3 | | from
sales or leases of items produced, |
4 | | fabricated, manufactured, or processed
within that |
5 | | state using the patent and of patented items |
6 | | produced within that
state, divided by the total of |
7 | | such gross receipts for all states in which the
|
8 | | patent is utilized.
|
9 | | (II) A copyright is utilized in a state to the |
10 | | extent that printing or
other publication |
11 | | originates in the state. If a copyright 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 from sales or licenses of |
15 | | materials
printed or published in that state |
16 | | divided by the total of such gross receipts
for all |
17 | | states in which the copyright is utilized.
|
18 | | (III) Trademarks and other items of intangible |
19 | | personal property
governed by this paragraph (B-1) |
20 | | are utilized in the state in which the
commercial |
21 | | domicile of the licensee or purchaser is located.
|
22 | | (iii) If the state of utilization of an item of |
23 | | property governed by
this paragraph (B-1) cannot be |
24 | | determined from the taxpayer's books and
records or |
25 | | from the books and records of any person related to the |
26 | | taxpayer
within the meaning of Section 267(b) of the |
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1 | | Internal Revenue Code, 26 U.S.C.
267, the gross
|
2 | | receipts attributable to that item shall be excluded |
3 | | from both the numerator
and the denominator of the |
4 | | sales factor.
|
5 | | (B-2) Gross receipts from the license, sale, or other |
6 | | disposition of
patents, copyrights, trademarks, and |
7 | | similar items of intangible personal
property, other than |
8 | | gross receipts governed by paragraph (B-7) of this item |
9 | | (3), may be included in the numerator or denominator of the |
10 | | sales factor
only if gross receipts from licenses, sales, |
11 | | or other disposition of such items
comprise more than 50% |
12 | | of the taxpayer's total gross receipts included in gross
|
13 | | income during the tax year and during each of the 2 |
14 | | immediately preceding tax
years; provided that, when a |
15 | | taxpayer is a member of a unitary business group,
such |
16 | | determination shall be made on the basis of the gross |
17 | | receipts of the
entire unitary business group.
|
18 | | (B-5) For taxable years ending on or after December 31, |
19 | | 2008, except as provided in subsections (ii) through (vii), |
20 | | receipts from the sale of telecommunications service or |
21 | | mobile telecommunications service are in this State if the |
22 | | customer's service address is in this State. |
23 | | (i) For purposes of this subparagraph (B-5), the |
24 | | following terms have the following meanings: |
25 | | "Ancillary services" means services that are |
26 | | associated with or incidental to the provision of |
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1 | | "telecommunications services", including but not |
2 | | limited to "detailed telecommunications billing", |
3 | | "directory assistance", "vertical service", and "voice |
4 | | mail services". |
5 | | "Air-to-Ground Radiotelephone service" means a |
6 | | radio service, as that term is defined in 47 CFR 22.99, |
7 | | in which common carriers are authorized to offer and |
8 | | provide radio telecommunications service for hire to |
9 | | subscribers in aircraft. |
10 | | "Call-by-call Basis" means any method of charging |
11 | | for telecommunications services where the price is |
12 | | measured by individual calls. |
13 | | "Communications Channel" means a physical or |
14 | | virtual path of communications over which signals are |
15 | | transmitted between or among customer channel |
16 | | termination points. |
17 | | "Conference bridging service" means an "ancillary |
18 | | service" that links two or more participants of an |
19 | | audio or video conference call and may include the |
20 | | provision of a telephone number. "Conference bridging |
21 | | service" does not include the "telecommunications |
22 | | services" used to reach the conference bridge. |
23 | | "Customer Channel Termination Point" means the |
24 | | location where the customer either inputs or receives |
25 | | the communications. |
26 | | "Detailed telecommunications billing service" |
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1 | | means an "ancillary service" of separately stating |
2 | | information pertaining to individual calls on a |
3 | | customer's billing statement. |
4 | | "Directory assistance" means an "ancillary |
5 | | service" of providing telephone number information, |
6 | | and/or address information. |
7 | | "Home service provider" means the facilities based |
8 | | carrier or reseller with which the customer contracts |
9 | | for the provision of mobile telecommunications |
10 | | services. |
11 | | "Mobile telecommunications service" means |
12 | | commercial mobile radio service, as defined in Section |
13 | | 20.3 of Title 47 of the Code of Federal Regulations as |
14 | | in effect on June 1, 1999. |
15 | | "Place of primary use" means the street address |
16 | | representative of where the customer's use of the |
17 | | telecommunications service primarily occurs, which |
18 | | must be the residential street address or the primary |
19 | | business street address of the customer. In the case of |
20 | | mobile telecommunications services, "place of primary |
21 | | use" must be within the licensed service area of the |
22 | | home service provider. |
23 | | "Post-paid telecommunication service" means the |
24 | | telecommunications service obtained by making a |
25 | | payment on a call-by-call basis either through the use |
26 | | of a credit card or payment mechanism such as a bank |
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1 | | card, travel card, credit card, or debit card, or by |
2 | | charge made to a telephone number which is not |
3 | | associated with the origination or termination of the |
4 | | telecommunications service. A post-paid calling |
5 | | service includes telecommunications service, except a |
6 | | prepaid wireless calling service, that would be a |
7 | | prepaid calling service except it is not exclusively a |
8 | | telecommunication service. |
9 | | "Prepaid telecommunication service" means the |
10 | | right to access exclusively telecommunications |
11 | | services, which must be paid for in advance and which |
12 | | enables the origination of calls using an access number |
13 | | or authorization code, whether manually or |
14 | | electronically dialed, and that is sold in |
15 | | predetermined units or dollars of which the number |
16 | | declines with use in a known amount. |
17 | | "Prepaid Mobile telecommunication service" means a |
18 | | telecommunications service that provides the right to |
19 | | utilize mobile wireless service as well as other |
20 | | non-telecommunication services, including but not |
21 | | limited to ancillary services, which must be paid for |
22 | | in advance that is sold in predetermined units or |
23 | | dollars of which the number declines with use in a |
24 | | known amount. |
25 | | "Private communication service" means a |
26 | | telecommunication service that entitles the customer |
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1 | | to exclusive or priority use of a communications |
2 | | channel or group of channels between or among |
3 | | termination points, regardless of the manner in which |
4 | | such channel or channels are connected, and includes |
5 | | switching capacity, extension lines, stations, and any |
6 | | other associated services that are provided in |
7 | | connection with the use of such channel or channels. |
8 | | "Service address" means: |
9 | | (a) The location of the telecommunications |
10 | | equipment to which a customer's call is charged and |
11 | | from which the call originates or terminates, |
12 | | regardless of where the call is billed or paid; |
13 | | (b) If the location in line (a) is not known, |
14 | | service address means the origination point of the |
15 | | signal of the telecommunications services first |
16 | | identified by either the seller's |
17 | | telecommunications system or in information |
18 | | received by the seller from its service provider |
19 | | where the system used to transport such signals is |
20 | | not that of the seller; and |
21 | | (c) If the locations in line (a) and line (b) |
22 | | are not known, the service address means the |
23 | | location of the customer's place of primary use. |
24 | | "Telecommunications service" means the electronic |
25 | | transmission, conveyance, or routing of voice, data, |
26 | | audio, video, or any other information or signals to a |
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1 | | point, or between or among points. The term |
2 | | "telecommunications service" includes such |
3 | | transmission, conveyance, or routing in which computer |
4 | | processing applications are used to act on the form, |
5 | | code or protocol of the content for purposes of |
6 | | transmission, conveyance or routing without regard to |
7 | | whether such service is referred to as voice over |
8 | | Internet protocol services or is classified by the |
9 | | Federal Communications Commission as enhanced or value |
10 | | added. "Telecommunications service" does not include: |
11 | | (a) Data processing and information services |
12 | | that allow data to be generated, acquired, stored, |
13 | | processed, or retrieved and delivered by an |
14 | | electronic transmission to a purchaser when such |
15 | | purchaser's primary purpose for the underlying |
16 | | transaction is the processed data or information; |
17 | | (b) Installation or maintenance of wiring or |
18 | | equipment on a customer's premises; |
19 | | (c) Tangible personal property; |
20 | | (d) Advertising, including but not limited to |
21 | | directory advertising; |
22 | | (e) Billing and collection services provided |
23 | | to third parties; |
24 | | (f) Internet access service; |
25 | | (g) Radio and television audio and video |
26 | | programming services, regardless of the medium, |
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1 | | including the furnishing of transmission, |
2 | | conveyance and routing of such services by the |
3 | | programming service provider. Radio and television |
4 | | audio and video programming services shall include |
5 | | but not be limited to cable service as defined in |
6 | | 47 USC 522(6) and audio and video programming |
7 | | services delivered by commercial mobile radio |
8 | | service providers, as defined in 47 CFR 20.3; |
9 | | (h) "Ancillary services"; or |
10 | | (i) Digital products "delivered |
11 | | electronically", including but not limited to |
12 | | software, music, video, reading materials or ring |
13 | | tones. |
14 | | "Vertical service" means an "ancillary service" |
15 | | that is offered in connection with one or more |
16 | | "telecommunications services", which offers advanced |
17 | | calling features that allow customers to identify |
18 | | callers and to manage multiple calls and call |
19 | | connections, including "conference bridging services". |
20 | | "Voice mail service" means an "ancillary service" |
21 | | that enables the customer to store, send or receive |
22 | | recorded messages. "Voice mail service" does not |
23 | | include any "vertical services" that the customer may |
24 | | be required to have in order to utilize the "voice mail |
25 | | service". |
26 | | (ii) Receipts from the sale of telecommunications |
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1 | | service sold on an individual call-by-call basis are in |
2 | | this State if either of the following applies: |
3 | | (a) The call both originates and terminates in |
4 | | this State. |
5 | | (b) The call either originates or terminates |
6 | | in this State and the service address is located in |
7 | | this State. |
8 | | (iii) Receipts from the sale of postpaid |
9 | | telecommunications service at retail are in this State |
10 | | if the origination point of the telecommunication |
11 | | signal, as first identified by the service provider's |
12 | | telecommunication system or as identified by |
13 | | information received by the seller from its service |
14 | | provider if the system used to transport |
15 | | telecommunication signals is not the seller's, is |
16 | | located in this State. |
17 | | (iv) Receipts from the sale of prepaid |
18 | | telecommunications service or prepaid mobile |
19 | | telecommunications service at retail are in this State |
20 | | if the purchaser obtains the prepaid card or similar |
21 | | means of conveyance at a location in this State. |
22 | | Receipts from recharging a prepaid telecommunications |
23 | | service or mobile telecommunications service is in |
24 | | this State if the purchaser's billing information |
25 | | indicates a location in this State. |
26 | | (v) Receipts from the sale of private |
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1 | | communication services are in this State as follows: |
2 | | (a) 100% of receipts from charges imposed at |
3 | | each channel termination point in this State. |
4 | | (b) 100% of receipts from charges for the total |
5 | | channel mileage between each channel termination |
6 | | point in this State. |
7 | | (c) 50% of the total receipts from charges for |
8 | | service segments when those segments are between 2 |
9 | | customer channel termination points, 1 of which is |
10 | | located in this State and the other is located |
11 | | outside of this State, which segments are |
12 | | separately charged. |
13 | | (d) The receipts from charges for service |
14 | | segments with a channel termination point located |
15 | | in this State and in two or more other states, and |
16 | | which segments are not separately billed, are in |
17 | | this State based on a percentage determined by |
18 | | dividing the number of customer channel |
19 | | termination points in this State by the total |
20 | | number of customer channel termination points. |
21 | | (vi) Receipts from charges for ancillary services |
22 | | for telecommunications service sold to customers at |
23 | | retail are in this State if the customer's primary |
24 | | place of use of telecommunications services associated |
25 | | with those ancillary services is in this State. If the |
26 | | seller of those ancillary services cannot determine |
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1 | | where the associated telecommunications are located, |
2 | | then the ancillary services shall be based on the |
3 | | location of the purchaser. |
4 | | (vii) Receipts to access a carrier's network or |
5 | | from the sale of telecommunication services or |
6 | | ancillary services for resale are in this State as |
7 | | follows: |
8 | | (a) 100% of the receipts from access fees |
9 | | attributable to intrastate telecommunications |
10 | | service that both originates and terminates in |
11 | | this State. |
12 | | (b) 50% of the receipts from access fees |
13 | | attributable to interstate telecommunications |
14 | | service if the interstate call either originates |
15 | | or terminates in this State. |
16 | | (c) 100% of the receipts from interstate end |
17 | | user access line charges, if the customer's |
18 | | service address is in this State. As used in this |
19 | | subdivision, "interstate end user access line |
20 | | charges" includes, but is not limited to, the |
21 | | surcharge approved by the federal communications |
22 | | commission and levied pursuant to 47 CFR 69. |
23 | | (d) Gross receipts from sales of |
24 | | telecommunication services or from ancillary |
25 | | services for telecommunications services sold to |
26 | | other telecommunication service providers for |
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1 | | resale shall be sourced to this State using the |
2 | | apportionment concepts used for non-resale |
3 | | receipts of telecommunications services if the |
4 | | information is readily available to make that |
5 | | determination. If the information is not readily |
6 | | available, then the taxpayer may use any other |
7 | | reasonable and consistent method. |
8 | | (B-7) For taxable years ending on or after December 31, |
9 | | 2008, receipts from the sale of broadcasting services are |
10 | | in this State if the broadcasting services are received in |
11 | | this State. For purposes of this paragraph (B-7), the |
12 | | following terms have the following meanings: |
13 | | "Advertising revenue" means consideration received |
14 | | by the taxpayer in exchange for broadcasting services |
15 | | or allowing the broadcasting of commercials or |
16 | | announcements in connection with the broadcasting of |
17 | | film or radio programming, from sponsorships of the |
18 | | programming, or from product placements in the |
19 | | programming. |
20 | | "Audience factor" means the ratio that the |
21 | | audience or subscribers located in this State of a |
22 | | station, a network, or a cable system bears to the |
23 | | total audience or total subscribers for that station, |
24 | | network, or cable system. The audience factor for film |
25 | | or radio programming shall be determined by reference |
26 | | to the books and records of the taxpayer or by |
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1 | | reference to published rating statistics provided the |
2 | | method used by the taxpayer is consistently used from |
3 | | year to year for this purpose and fairly represents the |
4 | | taxpayer's activity in this State. |
5 | | "Broadcast" or "broadcasting" or "broadcasting |
6 | | services" means the transmission or provision of film |
7 | | or radio programming, whether through the public |
8 | | airwaves, by cable, by direct or indirect satellite |
9 | | transmission, or by any other means of communication, |
10 | | either through a station, a network, or a cable system. |
11 | | "Film" or "film programming" means the broadcast |
12 | | on television of any and all performances, events, or |
13 | | productions, including but not limited to news, |
14 | | sporting events, plays, stories, or other literary, |
15 | | commercial, educational, or artistic works, either |
16 | | live or through the use of video tape, disc, or any |
17 | | other type of format or medium. Each episode of a |
18 | | series of films produced for television shall |
19 | | constitute separate "film" notwithstanding that the |
20 | | series relates to the same principal subject and is |
21 | | produced during one or more tax periods. |
22 | | "Radio" or "radio programming" means the broadcast |
23 | | on radio of any and all performances, events, or |
24 | | productions, including but not limited to news, |
25 | | sporting events, plays, stories, or other literary, |
26 | | commercial, educational, or artistic works, either |
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1 | | live or through the use of an audio tape, disc, or any |
2 | | other format or medium. Each episode in a series of |
3 | | radio programming produced for radio broadcast shall |
4 | | constitute a separate "radio programming" |
5 | | notwithstanding that the series relates to the same |
6 | | principal subject and is produced during one or more |
7 | | tax periods. |
8 | | (i) In the case of advertising revenue from |
9 | | broadcasting, the customer is the advertiser and |
10 | | the service is received in this State if the |
11 | | commercial domicile of the advertiser is in this |
12 | | State. |
13 | | (ii) In the case where film or radio |
14 | | programming is broadcast by a station, a network, |
15 | | or a cable system for a fee or other remuneration |
16 | | received from the recipient of the broadcast, the |
17 | | portion of the service that is received in this |
18 | | State is measured by the portion of the recipients |
19 | | of the broadcast located in this State. |
20 | | Accordingly, the fee or other remuneration for |
21 | | such service that is included in the Illinois |
22 | | numerator of the sales factor is the total of those |
23 | | fees or other remuneration received from |
24 | | recipients in Illinois. For purposes of this |
25 | | paragraph, a taxpayer may determine the location |
26 | | of the recipients of its broadcast using the |
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1 | | address of the recipient shown in its contracts |
2 | | with the recipient or using the billing address of |
3 | | the recipient in the taxpayer's records. |
4 | | (iii) In the case where film or radio |
5 | | programming is broadcast by a station, a network, |
6 | | or a cable system for a fee or other remuneration |
7 | | from the person providing the programming, the |
8 | | portion of the broadcast service that is received |
9 | | by such station, network, or cable system in this |
10 | | State is measured by the portion of recipients of |
11 | | the broadcast located in this State. Accordingly, |
12 | | the amount of revenue related to such an |
13 | | arrangement that is included in the Illinois |
14 | | numerator of the sales factor is the total fee or |
15 | | other total remuneration from the person providing |
16 | | the programming related to that broadcast |
17 | | multiplied by the Illinois audience factor for |
18 | | that broadcast. |
19 | | (iv) In the case where film or radio |
20 | | programming is provided by a taxpayer that is a |
21 | | network or station to a customer for broadcast in |
22 | | exchange for a fee or other remuneration from that |
23 | | customer the broadcasting service is received at |
24 | | the location of the office of the customer from |
25 | | which the services were ordered in the regular |
26 | | course of the customer's trade or business. |
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1 | | Accordingly, in such a case the revenue derived by |
2 | | the taxpayer that is included in the taxpayer's |
3 | | Illinois numerator of the sales factor is the |
4 | | revenue from such customers who receive the |
5 | | broadcasting service in Illinois. |
6 | | (v) In the case where film or radio programming |
7 | | is provided by a taxpayer that is not a network or |
8 | | station to another person for broadcasting in |
9 | | exchange for a fee or other remuneration from that |
10 | | person, the broadcasting service is received at |
11 | | the location of the office of the customer from |
12 | | which the services were ordered in the regular |
13 | | course of the customer's trade or business. |
14 | | Accordingly, in such a case the revenue derived by |
15 | | the taxpayer that is included in the taxpayer's |
16 | | Illinois numerator of the sales factor is the |
17 | | revenue from such customers who receive the |
18 | | broadcasting service in Illinois. |
19 | | (B-8) Gross receipts from winnings under the Illinois |
20 | | Lottery Law from the assignment of a prize under Section |
21 | | 13.1 of the Illinois Lottery Law are received in this |
22 | | State. This paragraph (B-8) applies only to taxable years |
23 | | ending on or after December 31, 2013. |
24 | | (B-9) For taxable years ending on or after December 31, |
25 | | 2018, gross receipts from winnings from pari-mutuel |
26 | | wagering conducted at a wagering facility licensed under |
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1 | | the Illinois Horse Racing Act of 1975 or from winnings from |
2 | | gambling games conducted on a riverboat or in a casino or |
3 | | electronic gaming facility licensed under the Illinois |
4 | | Gambling Act are in this State. |
5 | | (C) For taxable years ending before December 31, 2008, |
6 | | sales, other than sales governed by paragraphs (B), (B-1), |
7 | | (B-2), and (B-8) are in
this State if:
|
8 | | (i) The income-producing activity is performed in |
9 | | this State; or
|
10 | | (ii) The income-producing activity is performed |
11 | | both within and
without this State and a greater |
12 | | proportion of the income-producing
activity is |
13 | | performed within this State than without this State, |
14 | | based
on performance costs.
|
15 | | (C-5) For taxable years ending on or after December 31, |
16 | | 2008, sales, other than sales governed by paragraphs (B), |
17 | | (B-1), (B-2), (B-5), and (B-7), are in this State if any of |
18 | | the following criteria are met: |
19 | | (i) Sales from the sale or lease of real property |
20 | | are in this State if the property is located in this |
21 | | State. |
22 | | (ii) Sales from the lease or rental of tangible |
23 | | personal property are in this State if the property is |
24 | | located in this State during the rental period. Sales |
25 | | from the lease or rental of tangible personal property |
26 | | that is characteristically moving property, including, |
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1 | | but not limited to, motor vehicles, rolling stock, |
2 | | aircraft, vessels, or mobile equipment are in this |
3 | | State to the extent that the property is used in this |
4 | | State. |
5 | | (iii) In the case of interest, net gains (but not |
6 | | less than zero) and other items of income from |
7 | | intangible personal property, the sale is in this State |
8 | | if: |
9 | | (a) in the case of a taxpayer who is a dealer |
10 | | in the item of intangible personal property within |
11 | | the meaning of Section 475 of the Internal Revenue |
12 | | Code, the income or gain is received from a |
13 | | customer in this State. For purposes of this |
14 | | subparagraph, a customer is in this State if the |
15 | | customer is an individual, trust or estate who is a |
16 | | resident of this State and, for all other |
17 | | customers, if the customer's commercial domicile |
18 | | is in this State. Unless the dealer has actual |
19 | | knowledge of the residence or commercial domicile |
20 | | of a customer during a taxable year, the customer |
21 | | shall be deemed to be a customer in this State if |
22 | | the billing address of the customer, as shown in |
23 | | the records of the dealer, is in this State; or |
24 | | (b) in all other cases, if the |
25 | | income-producing activity of the taxpayer is |
26 | | performed in this State or, if the |
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1 | | income-producing activity of the taxpayer is |
2 | | performed both within and without this State, if a |
3 | | greater proportion of the income-producing |
4 | | activity of the taxpayer is performed within this |
5 | | State than in any other state, based on performance |
6 | | costs. |
7 | | (iv) Sales of services are in this State if the |
8 | | services are received in this State. For the purposes |
9 | | of this section, gross receipts from the performance of |
10 | | services provided to a corporation, partnership, or |
11 | | trust may only be attributed to a state where that |
12 | | corporation, partnership, or trust has a fixed place of |
13 | | business. If the state where the services are received |
14 | | is not readily determinable or is a state where the |
15 | | corporation, partnership, or trust receiving the |
16 | | service does not have a fixed place of business, the |
17 | | services shall be deemed to be received at the location |
18 | | of the office of the customer from which the services |
19 | | were ordered in the regular course of the customer's |
20 | | trade or business. If the ordering office cannot be |
21 | | determined, the services shall be deemed to be received |
22 | | at the office of the customer to which the services are |
23 | | billed. If the taxpayer is not taxable in the state in |
24 | | which the services are received, the sale must be |
25 | | excluded from both the numerator and the denominator of |
26 | | the sales factor. The Department shall adopt rules |
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1 | | prescribing where specific types of service are |
2 | | received, including, but not limited to, publishing, |
3 | | and utility service.
|
4 | | (D) For taxable years ending on or after December 31, |
5 | | 1995, the following
items of income shall not be included |
6 | | in the numerator or denominator of the
sales factor: |
7 | | dividends; amounts included under Section 78 of the |
8 | | Internal
Revenue Code; and Subpart F income as defined in |
9 | | Section 952 of the Internal
Revenue Code.
No inference |
10 | | shall be drawn from the enactment of this paragraph (D) in
|
11 | | construing this Section for taxable years ending before |
12 | | December 31, 1995.
|
13 | | (E) Paragraphs (B-1) and (B-2) shall apply to tax years |
14 | | ending on or
after December 31, 1999, provided that a |
15 | | taxpayer may elect to apply the
provisions of these |
16 | | paragraphs to prior tax years. Such election shall be made
|
17 | | in the form and manner prescribed by the Department, shall |
18 | | be irrevocable, and
shall apply to all tax years; provided |
19 | | that, if a taxpayer's Illinois income
tax liability for any |
20 | | tax year, as assessed under Section 903 prior to January
1, |
21 | | 1999, was computed in a manner contrary to the provisions |
22 | | of paragraphs
(B-1) or (B-2), no refund shall be payable to |
23 | | the taxpayer for that tax year to
the extent such refund is |
24 | | the result of applying the provisions of paragraph
(B-1) or |
25 | | (B-2) retroactively. In the case of a unitary business |
26 | | group, such
election shall apply to all members of such |
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1 | | group for every tax year such group
is in existence, but |
2 | | shall not apply to any taxpayer for any period during
which |
3 | | that taxpayer is not a member of such group.
|
4 | | (b) Insurance companies.
|
5 | | (1) In general. Except as otherwise
provided by |
6 | | paragraph (2), business income of an insurance company for |
7 | | a
taxable year shall be apportioned to this State by |
8 | | multiplying such
income by a fraction, the numerator of |
9 | | which is the direct premiums
written for insurance upon |
10 | | property or risk in this State, and the
denominator of |
11 | | which is the direct premiums written for insurance upon
|
12 | | property or risk everywhere. For purposes of this |
13 | | subsection, the term
"direct premiums written" means the |
14 | | total amount of direct premiums
written, assessments and |
15 | | annuity considerations as reported for the
taxable year on |
16 | | the annual statement filed by the company with the
Illinois |
17 | | Director of Insurance in the form approved by the National
|
18 | | Convention of Insurance Commissioners
or such other form as |
19 | | may be
prescribed in lieu thereof.
|
20 | | (2) Reinsurance. If the principal source of premiums |
21 | | written by an
insurance company consists of premiums for |
22 | | reinsurance accepted by it,
the business income of such |
23 | | company shall be apportioned to this State
by multiplying |
24 | | such income by a fraction, the numerator of which is the
|
25 | | sum of (i) direct premiums written for insurance upon |
26 | | property or risk
in this State, plus (ii) premiums written |
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1 | | for reinsurance accepted in
respect of property or risk in |
2 | | this State, and the denominator of which
is the sum of |
3 | | (iii) direct premiums written for insurance upon property
|
4 | | or risk everywhere, plus (iv) premiums written for |
5 | | reinsurance accepted
in respect of property or risk |
6 | | everywhere. For purposes of this
paragraph, premiums |
7 | | written for reinsurance accepted in respect of
property or |
8 | | risk in this State, whether or not otherwise determinable,
|
9 | | may, at the election of the company, be determined on the |
10 | | basis of the
proportion which premiums written for |
11 | | reinsurance accepted from
companies commercially domiciled |
12 | | in Illinois bears to premiums written
for reinsurance |
13 | | accepted from all sources, or, alternatively, in the
|
14 | | proportion which the sum of the direct premiums written for |
15 | | insurance
upon property or risk in this State by each |
16 | | ceding company from which
reinsurance is accepted bears to |
17 | | the sum of the total direct premiums
written by each such |
18 | | ceding company for the taxable year. The election made by a |
19 | | company under this paragraph for its first taxable year |
20 | | ending on or after December 31, 2011, shall be binding for |
21 | | that company for that taxable year and for all subsequent |
22 | | taxable years, and may be altered only with the written |
23 | | permission of the Department, which shall not be |
24 | | unreasonably withheld.
|
25 | | (c) Financial organizations.
|
26 | | (1) In general. For taxable years ending before |
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1 | | December 31, 2008, business income of a financial
|
2 | | organization shall be apportioned to this State by |
3 | | multiplying such
income by a fraction, the numerator of |
4 | | which is its business income from
sources within this |
5 | | State, and the denominator of which is its business
income |
6 | | from all sources. For the purposes of this subsection, the
|
7 | | business income of a financial organization from sources |
8 | | within this
State is the sum of the amounts referred to in |
9 | | subparagraphs (A) through
(E) following, but excluding the |
10 | | adjusted income of an international banking
facility as |
11 | | determined in paragraph (2):
|
12 | | (A) Fees, commissions or other compensation for |
13 | | financial services
rendered within this State;
|
14 | | (B) Gross profits from trading in stocks, bonds or |
15 | | other securities
managed within this State;
|
16 | | (C) Dividends, and interest from Illinois |
17 | | customers, which are received
within this State;
|
18 | | (D) Interest charged to customers at places of |
19 | | business maintained
within this State for carrying |
20 | | debit balances of margin accounts,
without deduction |
21 | | of any costs incurred in carrying such accounts; and
|
22 | | (E) Any other gross income resulting from the |
23 | | operation as a
financial organization within this |
24 | | State. In computing the amounts
referred to in |
25 | | paragraphs (A) through (E) of this subsection, any |
26 | | amount
received by a member of an affiliated group |
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1 | | (determined under Section
1504(a) of the Internal |
2 | | Revenue Code but without reference to whether
any such |
3 | | corporation is an "includible corporation" under |
4 | | Section
1504(b) of the Internal Revenue Code) from |
5 | | another member of such group
shall be included only to |
6 | | the extent such amount exceeds expenses of the
|
7 | | recipient directly related thereto.
|
8 | | (2) International Banking Facility. For taxable years |
9 | | ending before December 31, 2008:
|
10 | | (A) Adjusted Income. The adjusted income of an |
11 | | international banking
facility is its income reduced |
12 | | by the amount of the floor amount.
|
13 | | (B) Floor Amount. The floor amount shall be the |
14 | | amount, if any,
determined
by multiplying the income of |
15 | | the international banking facility by a fraction,
not |
16 | | greater than one, which is determined as follows:
|
17 | | (i) The numerator shall be:
|
18 | | The average aggregate, determined on a |
19 | | quarterly basis, of the
financial
organization's |
20 | | loans to banks in foreign countries, to foreign |
21 | | domiciled
borrowers (except where secured |
22 | | primarily by real estate) and to foreign
|
23 | | governments and other foreign official |
24 | | institutions, as reported for its
branches, |
25 | | agencies and offices within the state on its |
26 | | "Consolidated Report
of Condition", Schedule A, |
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1 | | Lines 2.c., 5.b., and 7.a., which was filed with
|
2 | | the Federal Deposit Insurance Corporation and |
3 | | other regulatory authorities,
for the year 1980, |
4 | | minus
|
5 | | The average aggregate, determined on a |
6 | | quarterly basis, of such loans
(other
than loans of |
7 | | an international banking facility), as reported by |
8 | | the financial
institution for its branches, |
9 | | agencies and offices within the state, on
the |
10 | | corresponding Schedule and lines of the |
11 | | Consolidated Report of Condition
for the current |
12 | | taxable year, provided, however, that in no case |
13 | | shall the
amount determined in this clause (the |
14 | | subtrahend) exceed the amount determined
in the |
15 | | preceding clause (the minuend); and
|
16 | | (ii) the denominator shall be the average |
17 | | aggregate, determined on a
quarterly basis, of the |
18 | | international banking facility's loans to banks in
|
19 | | foreign countries, to foreign domiciled borrowers |
20 | | (except where secured
primarily by real estate) |
21 | | and to foreign governments and other foreign
|
22 | | official institutions, which were recorded in its |
23 | | financial accounts for
the current taxable year.
|
24 | | (C) Change to Consolidated Report of Condition and |
25 | | in Qualification.
In the event the Consolidated Report |
26 | | of Condition which is filed with the
Federal Deposit |
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1 | | Insurance Corporation and other regulatory authorities |
2 | | is
altered so that the information required for |
3 | | determining the floor amount
is not found on Schedule |
4 | | A, lines 2.c., 5.b. and 7.a., the financial
institution |
5 | | shall notify the Department and the Department may, by
|
6 | | regulations or otherwise, prescribe or authorize the |
7 | | use of an alternative
source for such information. The |
8 | | financial institution shall also notify
the Department |
9 | | should its international banking facility fail to |
10 | | qualify as
such, in whole or in part, or should there |
11 | | be any amendment or change to
the Consolidated Report |
12 | | of Condition, as originally filed, to the extent
such |
13 | | amendment or change alters the information used in |
14 | | determining the floor
amount.
|
15 | | (3) For taxable years ending on or after December 31, |
16 | | 2008, the business income of a financial organization shall |
17 | | be apportioned to this State by multiplying such income by |
18 | | a fraction, the numerator of which is its gross receipts |
19 | | from sources in this State or otherwise attributable to |
20 | | this State's marketplace and the denominator of which is |
21 | | its gross receipts everywhere during the taxable year. |
22 | | "Gross receipts" for purposes of this subparagraph (3) |
23 | | means gross income, including net taxable gain on |
24 | | disposition of assets, including securities and money |
25 | | market instruments, when derived from transactions and |
26 | | activities in the regular course of the financial |
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1 | | organization's trade or business. The following examples |
2 | | are illustrative:
|
3 | | (i) Receipts from the lease or rental of real or |
4 | | tangible personal property are in this State if the |
5 | | property is located in this State during the rental |
6 | | period. Receipts from the lease or rental of tangible |
7 | | personal property that is characteristically moving |
8 | | property, including, but not limited to, motor |
9 | | vehicles, rolling stock, aircraft, vessels, or mobile |
10 | | equipment are from sources in this State to the extent |
11 | | that the property is used in this State. |
12 | | (ii) Interest income, commissions, fees, gains on |
13 | | disposition, and other receipts from assets in the |
14 | | nature of loans that are secured primarily by real |
15 | | estate or tangible personal property are from sources |
16 | | in this State if the security is located in this State. |
17 | | (iii) Interest income, commissions, fees, gains on |
18 | | disposition, and other receipts from consumer loans |
19 | | that are not secured by real or tangible personal |
20 | | property are from sources in this State if the debtor |
21 | | is a resident of this State. |
22 | | (iv) Interest income, commissions, fees, gains on |
23 | | disposition, and other receipts from commercial loans |
24 | | and installment obligations that are not secured by |
25 | | real or tangible personal property are from sources in |
26 | | this State if the proceeds of the loan are to be |
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1 | | applied in this State. If it cannot be determined where |
2 | | the funds are to be applied, the income and receipts |
3 | | are from sources in this State if the office of the |
4 | | borrower from which the loan was negotiated in the |
5 | | regular course of business is located in this State. If |
6 | | the location of this office cannot be determined, the |
7 | | income and receipts shall be excluded from the |
8 | | numerator and denominator of the sales factor.
|
9 | | (v) Interest income, fees, gains on disposition, |
10 | | service charges, merchant discount income, and other |
11 | | receipts from credit card receivables are from sources |
12 | | in this State if the card charges are regularly billed |
13 | | to a customer in this State. |
14 | | (vi) Receipts from the performance of services, |
15 | | including, but not limited to, fiduciary, advisory, |
16 | | and brokerage services, are in this State if the |
17 | | services are received in this State within the meaning |
18 | | of subparagraph (a)(3)(C-5)(iv) of this Section. |
19 | | (vii) Receipts from the issuance of travelers |
20 | | checks and money orders are from sources in this State |
21 | | if the checks and money orders are issued from a |
22 | | location within this State. |
23 | | (viii) Receipts from investment assets and |
24 | | activities and trading assets and activities are |
25 | | included in the receipts factor as follows: |
26 | | (1) Interest, dividends, net gains (but not |
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1 | | less than zero) and other income from investment |
2 | | assets and activities from trading assets and |
3 | | activities shall be included in the receipts |
4 | | factor. Investment assets and activities and |
5 | | trading assets and activities include but are not |
6 | | limited to: investment securities; trading account |
7 | | assets; federal funds; securities purchased and |
8 | | sold under agreements to resell or repurchase; |
9 | | options; futures contracts; forward contracts; |
10 | | notional principal contracts such as swaps; |
11 | | equities; and foreign currency transactions. With |
12 | | respect to the investment and trading assets and |
13 | | activities described in subparagraphs (A) and (B) |
14 | | of this paragraph, the receipts factor shall |
15 | | include the amounts described in such |
16 | | subparagraphs. |
17 | | (A) The receipts factor shall include the |
18 | | amount by which interest from federal funds |
19 | | sold and securities purchased under resale |
20 | | agreements exceeds interest expense on federal |
21 | | funds purchased and securities sold under |
22 | | repurchase agreements. |
23 | | (B) The receipts factor shall include the |
24 | | amount by which interest, dividends, gains and |
25 | | other income from trading assets and |
26 | | activities, including but not limited to |
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1 | | assets and activities in the matched book, in |
2 | | the arbitrage book, and foreign currency |
3 | | transactions, exceed amounts paid in lieu of |
4 | | interest, amounts paid in lieu of dividends, |
5 | | and losses from such assets and activities. |
6 | | (2) The numerator of the receipts factor |
7 | | includes interest, dividends, net gains (but not |
8 | | less than zero), and other income from investment |
9 | | assets and activities and from trading assets and |
10 | | activities described in paragraph (1) of this |
11 | | subsection that are attributable to this State. |
12 | | (A) The amount of interest, dividends, net |
13 | | gains (but not less than zero), and other |
14 | | income from investment assets and activities |
15 | | in the investment account to be attributed to |
16 | | this State and included in the numerator is |
17 | | determined by multiplying all such income from |
18 | | such assets and activities by a fraction, the |
19 | | numerator of which is the gross income from |
20 | | such assets and activities which are properly |
21 | | assigned to a fixed place of business of the |
22 | | taxpayer within this State and the denominator |
23 | | of which is the gross income from all such |
24 | | assets and activities. |
25 | | (B) The amount of interest from federal |
26 | | funds sold and purchased and from securities |
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1 | | purchased under resale agreements and |
2 | | securities sold under repurchase agreements |
3 | | attributable to this State and included in the |
4 | | numerator is determined by multiplying the |
5 | | amount described in subparagraph (A) of |
6 | | paragraph (1) of this subsection from such |
7 | | funds and such securities by a fraction, the |
8 | | numerator of which is the gross income from |
9 | | such funds and such securities which are |
10 | | properly assigned to a fixed place of business |
11 | | of the taxpayer within this State and the |
12 | | denominator of which is the gross income from |
13 | | all such funds and such securities. |
14 | | (C) The amount of interest, dividends, |
15 | | gains, and other income from trading assets and |
16 | | activities, including but not limited to |
17 | | assets and activities in the matched book, in |
18 | | the arbitrage book and foreign currency |
19 | | transactions (but excluding amounts described |
20 | | in subparagraphs (A) or (B) of this paragraph), |
21 | | attributable to this State and included in the |
22 | | numerator is determined by multiplying the |
23 | | amount described in subparagraph (B) of |
24 | | paragraph (1) of this subsection by a fraction, |
25 | | the numerator of which is the gross income from |
26 | | such trading assets and activities which are |
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1 | | properly assigned to a fixed place of business |
2 | | of the taxpayer within this State and the |
3 | | denominator of which is the gross income from |
4 | | all such assets and activities. |
5 | | (D) Properly assigned, for purposes of |
6 | | this paragraph (2) of this subsection, means |
7 | | the investment or trading asset or activity is |
8 | | assigned to the fixed place of business with |
9 | | which it has a preponderance of substantive |
10 | | contacts. An investment or trading asset or |
11 | | activity assigned by the taxpayer to a fixed |
12 | | place of business without the State shall be |
13 | | presumed to have been properly assigned if: |
14 | | (i) the taxpayer has assigned, in the |
15 | | regular course of its business, such asset |
16 | | or activity on its records to a fixed place |
17 | | of business consistent with federal or |
18 | | state regulatory requirements; |
19 | | (ii) such assignment on its records is |
20 | | based upon substantive contacts of the |
21 | | asset or activity to such fixed place of |
22 | | business; and |
23 | | (iii) the taxpayer uses such records |
24 | | reflecting assignment of such assets or |
25 | | activities for the filing of all state and |
26 | | local tax returns for which an assignment |
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1 | | of such assets or activities to a fixed |
2 | | place of business is required. |
3 | | (E) The presumption of proper assignment |
4 | | of an investment or trading asset or activity |
5 | | provided in subparagraph (D) of paragraph (2) |
6 | | of this subsection may be rebutted upon a |
7 | | showing by the Department, supported by a |
8 | | preponderance of the evidence, that the |
9 | | preponderance of substantive contacts |
10 | | regarding such asset or activity did not occur |
11 | | at the fixed place of business to which it was |
12 | | assigned on the taxpayer's records. If the |
13 | | fixed place of business that has a |
14 | | preponderance of substantive contacts cannot |
15 | | be determined for an investment or trading |
16 | | asset or activity to which the presumption in |
17 | | subparagraph (D) of paragraph (2) of this |
18 | | subsection does not apply or with respect to |
19 | | which that presumption has been rebutted, that |
20 | | asset or activity is properly assigned to the |
21 | | state in which the taxpayer's commercial |
22 | | domicile is located. For purposes of this |
23 | | subparagraph (E), it shall be presumed, |
24 | | subject to rebuttal, that taxpayer's |
25 | | commercial domicile is in the state of the |
26 | | United States or the District of Columbia to |
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1 | | which the greatest number of employees are |
2 | | regularly connected with the management of the |
3 | | investment or trading income or out of which |
4 | | they are working, irrespective of where the |
5 | | services of such employees are performed, as of |
6 | | the last day of the taxable year.
|
7 | | (4) (Blank). |
8 | | (5) (Blank). |
9 | | (c-1) Federally regulated exchanges. For taxable years |
10 | | ending on or after December 31, 2012, business income of a |
11 | | federally regulated exchange shall, at the option of the |
12 | | federally regulated exchange, be apportioned to this State by |
13 | | multiplying such income by a fraction, the numerator of which |
14 | | is its business income from sources within this State, and the |
15 | | denominator of which is its business income from all sources. |
16 | | For purposes of this subsection, the business income within |
17 | | this State of a federally regulated exchange is the sum of the |
18 | | following: |
19 | | (1) Receipts attributable to transactions executed on |
20 | | a physical trading floor if that physical trading floor is |
21 | | located in this State. |
22 | | (2) Receipts attributable to all other matching, |
23 | | execution, or clearing transactions, including without |
24 | | limitation receipts from the provision of matching, |
25 | | execution, or clearing services to another entity, |
26 | | multiplied by (i) for taxable years ending on or after |
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1 | | December 31, 2012 but before December 31, 2013, 63.77%; and |
2 | | (ii) for taxable years ending on or after December 31, |
3 | | 2013, 27.54%. |
4 | | (3) All other receipts not governed by subparagraphs |
5 | | (1) or (2) of this subsection (c-1), to the extent the |
6 | | receipts would be characterized as "sales in this State" |
7 | | under item (3) of subsection (a) of this Section. |
8 | | "Federally regulated exchange" means (i) a "registered |
9 | | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), |
10 | | or (C), (ii) an "exchange" or "clearing agency" within the |
11 | | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such |
12 | | entities regulated under any successor regulatory structure to |
13 | | the foregoing, and (iv) all taxpayers who are members of the |
14 | | same unitary business group as a federally regulated exchange, |
15 | | determined without regard to the prohibition in Section |
16 | | 1501(a)(27) of this Act against including in a unitary business |
17 | | group taxpayers who are ordinarily required to apportion |
18 | | business income under different subsections of this Section; |
19 | | provided that this subparagraph (iv) shall apply only if 50% or |
20 | | more of the business receipts of the unitary business group |
21 | | determined by application of this subparagraph (iv) for the |
22 | | taxable year are attributable to the matching, execution, or |
23 | | clearing of transactions conducted by an entity described in |
24 | | subparagraph (i), (ii), or (iii) of this paragraph. |
25 | | In no event shall the Illinois apportionment percentage |
26 | | computed in accordance with this subsection (c-1) for any |
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1 | | taxpayer for any tax year be less than the Illinois |
2 | | apportionment percentage computed under this subsection (c-1) |
3 | | for that taxpayer for the first full tax year ending on or |
4 | | after December 31, 2013 for which this subsection (c-1) applied |
5 | | to the taxpayer. |
6 | | (d) Transportation services. For taxable years ending |
7 | | before December 31, 2008, business income derived from |
8 | | furnishing
transportation services shall be apportioned to |
9 | | this State in accordance
with paragraphs (1) and (2):
|
10 | | (1) Such business income (other than that derived from
|
11 | | transportation by pipeline) shall be apportioned to this |
12 | | State by
multiplying such income by a fraction, the |
13 | | numerator of which is the
revenue miles of the person in |
14 | | this State, and the denominator of which
is the revenue |
15 | | miles of the person everywhere. For purposes of this
|
16 | | paragraph, a revenue mile is the transportation of 1 |
17 | | passenger or 1 net
ton of freight the distance of 1 mile |
18 | | for a consideration. Where a
person is engaged in the |
19 | | transportation of both passengers and freight,
the |
20 | | fraction above referred to shall be determined by means of |
21 | | an
average of the passenger revenue mile fraction and the |
22 | | freight revenue
mile fraction, weighted to reflect the |
23 | | person's
|
24 | | (A) relative railway operating income from total |
25 | | passenger and total
freight service, as reported to the |
26 | | Interstate Commerce Commission, in
the case of |
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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 | | (2) Such business income derived from transportation |
6 | | by pipeline
shall be apportioned to this State by |
7 | | multiplying such income by a
fraction, the numerator of |
8 | | which is the revenue miles of the person in
this State, and |
9 | | the denominator of which is the revenue miles of the
person |
10 | | everywhere. For the purposes of this paragraph, a revenue |
11 | | mile is
the transportation by pipeline of 1 barrel of oil, |
12 | | 1,000 cubic feet of
gas, or of any specified quantity of |
13 | | any other substance, the distance
of 1 mile for a |
14 | | consideration.
|
15 | | (3) For taxable years ending on or after December 31, |
16 | | 2008, business income derived from providing |
17 | | transportation services other than airline services shall |
18 | | be apportioned to this State by using a fraction, (a) the |
19 | | numerator of which shall be (i) all receipts from any |
20 | | movement or shipment of people, goods, mail, oil, gas, or |
21 | | any other substance (other than by airline) that both |
22 | | originates and terminates in this State, plus (ii) that |
23 | | portion of the person's gross receipts from movements or |
24 | | shipments of people, goods, mail, oil, gas, or any other |
25 | | substance (other than by airline) that originates in one |
26 | | state or jurisdiction and terminates in another state or |
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1 | | jurisdiction, that is determined by the ratio that the |
2 | | miles traveled in this State bears to total miles |
3 | | everywhere and (b) the denominator of which shall be all |
4 | | revenue derived from the movement or shipment of people, |
5 | | goods, mail, oil, gas, or any other substance (other than |
6 | | by airline). Where a taxpayer is engaged in the |
7 | | transportation of both passengers and freight, the |
8 | | fraction above referred to shall first be determined |
9 | | separately for passenger miles and freight miles. Then an |
10 | | average of the passenger miles fraction and the freight |
11 | | miles fraction shall be weighted to reflect the taxpayer's: |
12 | | (A) relative railway operating income from total |
13 | | passenger and total freight service, as reported to the |
14 | | Surface Transportation Board, in the case of |
15 | | transportation by railroad; and |
16 | | (B) relative gross receipts from passenger and |
17 | | freight transportation, in case of transportation |
18 | | other than by railroad.
|
19 | | (4) For taxable years ending on or after December 31, |
20 | | 2008, business income derived from furnishing airline
|
21 | | transportation services shall be apportioned to this State |
22 | | by
multiplying such income by a fraction, the numerator of |
23 | | which is the
revenue miles of the person in this State, and |
24 | | the denominator of which
is the revenue miles of the person |
25 | | everywhere. For purposes of this
paragraph, a revenue mile |
26 | | is the transportation of one passenger or one net
ton of |
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1 | | freight the distance of one mile for a consideration. If a
|
2 | | person is engaged in the transportation of both passengers |
3 | | and freight,
the fraction above referred to shall be |
4 | | determined by means of an
average of the passenger revenue |
5 | | mile fraction and the freight revenue
mile fraction, |
6 | | weighted to reflect the person's relative gross receipts |
7 | | from passenger and freight
airline transportation.
|
8 | | (e) Combined apportionment. Where 2 or more persons are |
9 | | engaged in
a unitary business as described in subsection |
10 | | (a)(27) of
Section 1501,
a part of which is conducted in this |
11 | | State by one or more members of the
group, the business income |
12 | | attributable to this State by any such member
or members shall |
13 | | be apportioned by means of the combined apportionment method.
|
14 | | (f) Alternative allocation. If the allocation and |
15 | | apportionment
provisions of subsections (a) through (e) and of |
16 | | subsection (h) do not, for taxable years ending before December |
17 | | 31, 2008, fairly represent the
extent of a person's business |
18 | | activity in this State, or, for taxable years ending on or |
19 | | after December 31, 2008, fairly represent the market for the |
20 | | person's goods, services, or other sources of business income, |
21 | | the person may
petition for, or the Director may, without a |
22 | | petition, permit or require, in respect of all or any part
of |
23 | | the person's business activity, if reasonable:
|
24 | | (1) Separate accounting;
|
25 | | (2) The exclusion of any one or more factors;
|
26 | | (3) The inclusion of one or more additional factors |
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1 | | which will
fairly represent the person's business |
2 | | activities or market in this State; or
|
3 | | (4) The employment of any other method to effectuate an |
4 | | equitable
allocation and apportionment of the person's |
5 | | business income.
|
6 | | (g) Cross reference. For allocation of business income by |
7 | | residents,
see Section 301(a).
|
8 | | (h) For tax years ending on or after December 31, 1998, the |
9 | | apportionment
factor of persons who apportion their business |
10 | | income to this State under
subsection (a) shall be equal to:
|
11 | | (1) for tax years ending on or after December 31, 1998 |
12 | | and before December
31, 1999, 16 2/3% of the property |
13 | | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of |
14 | | the sales factor;
|
15 | | (2) for tax years ending on or after December 31, 1999 |
16 | | and before December
31,
2000, 8 1/3% of the property factor |
17 | | plus 8 1/3% of the payroll factor plus 83
1/3%
of the sales |
18 | | factor;
|
19 | | (3) for tax years ending on or after December 31, 2000, |
20 | | the sales factor.
|
21 | | If, in any tax year ending on or after December 31, 1998 and |
22 | | before December
31, 2000, the denominator of the payroll, |
23 | | property, or sales factor is zero,
the apportionment
factor |
24 | | computed in paragraph (1) or (2) of this subsection for that |
25 | | year shall
be divided by an amount equal to 100% minus the |
26 | | percentage weight given to each
factor whose denominator is |
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1 | | equal to zero.
|
2 | | (Source: P.A. 99-642, eff. 7-28-16; 100-201, eff. 8-18-17.)
|
3 | | (35 ILCS 5/710) (from Ch. 120, par. 7-710)
|
4 | | Sec. 710. Withholding from lottery winnings. |
5 | | (a) In general. |
6 | | (1) Any person
making a payment to a resident or |
7 | | nonresident of winnings under the Illinois
Lottery Law and |
8 | | not required to withhold Illinois income tax from such |
9 | | payment
under Subsection (b) of Section 701 of this Act |
10 | | because those winnings are
not subject to Federal income |
11 | | tax withholding, must withhold Illinois income
tax from |
12 | | such payment at a rate equal to the percentage tax rate for |
13 | | individuals
provided in subsection (b) of Section 201, |
14 | | provided that withholding is
not required if such payment |
15 | | of winnings is less than $1,000.
|
16 | | (2) In the case of an assignment of a lottery prize |
17 | | under Section 13.1 of the Illinois Lottery Law, any person |
18 | | making a payment of the purchase price after December 31, |
19 | | 2013, shall withhold from the amount of each payment at a |
20 | | rate equal to the percentage tax rate for individuals |
21 | | provided in subsection (b) of Section 201. |
22 | | (3) Any person making a payment after December 31, 2018 |
23 | | to a resident or nonresident of
winnings from pari-mutuel |
24 | | wagering conducted at a wagering facility licensed under |
25 | | the Illinois Horse
Racing Act of 1975 or from gambling |
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1 | | games conducted on a riverboat or in a casino or electronic |
2 | | gaming
facility licensed under the Illinois Gambling Act |
3 | | must withhold Illinois income tax from such payment at a
|
4 | | rate equal to the percentage tax rate for individuals |
5 | | provided in subsection (b) of Section 201, provided that
|
6 | | the person making the payment is required to withhold under |
7 | | Section 3402(q) of the Internal Revenue Code. |
8 | | (b) Credit for taxes withheld. Any amount withheld under |
9 | | Subsection (a)
shall be a credit against the Illinois income |
10 | | tax liability of the person
to whom the payment of winnings was |
11 | | made for the taxable year in which that
person incurred an |
12 | | Illinois income tax liability with respect to those winnings.
|
13 | | (Source: P.A. 98-496, eff. 1-1-14.)
|
14 | | Section 90-23. The Property Tax Code is amended by adding |
15 | | Section 15-144 as follows:
|
16 | | (35 ILCS 200/15-144 new) |
17 | | Sec. 15-144. Chicago Casino Development Authority. All |
18 | | property owned by the Chicago Casino Development Authority is |
19 | | exempt. Any property owned by the Chicago Casino Development |
20 | | Authority and leased to any other entity is not exempt.
|
21 | | Section 90-24. The Illinois Municipal Code is amended by |
22 | | adding Section 8-10-2.6 as follows:
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1 | | (65 ILCS 5/8-10-2.6 new) |
2 | | Sec. 8-10-2.6. Chicago Casino Development Authority. |
3 | | Except as otherwise provided in the Chicago Casino Development |
4 | | Authority Act, this Division 10 applies to purchase orders and |
5 | | contracts relating to the Chicago Casino Development |
6 | | Authority.
|
7 | | Section 90-25. The Joliet Regional Port District Act is |
8 | | amended by changing Section 5.1 as follows:
|
9 | | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
|
10 | | Sec. 5.1. Riverboat and casino gambling. Notwithstanding |
11 | | any other provision of
this Act, the District may not regulate |
12 | | the operation, conduct, or
navigation of any riverboat gambling |
13 | | casino licensed under the Illinois Riverboat
Gambling Act, and |
14 | | the District
may not license, tax, or otherwise levy any |
15 | | assessment of any kind on
any riverboat gambling casino |
16 | | licensed under the Illinois Riverboat Gambling Act. The
General |
17 | | Assembly declares that the powers to regulate the operation,
|
18 | | conduct, and navigation of riverboat gambling casinos and to |
19 | | license, tax,
and levy assessments upon riverboat gambling |
20 | | casinos are exclusive powers of
the State of Illinois and the |
21 | | Illinois Gaming Board as provided in the
Illinois Riverboat |
22 | | Gambling Act.
|
23 | | (Source: P.A. 87-1175.)
|
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1 | | Section 90-30. The Consumer Installment Loan Act is amended |
2 | | by changing Section 12.5 as follows:
|
3 | | (205 ILCS 670/12.5)
|
4 | | Sec. 12.5. Limited purpose branch.
|
5 | | (a) Upon the written approval of the Director, a licensee |
6 | | may maintain a
limited purpose branch for the sole purpose of |
7 | | making loans as permitted by
this Act. A limited purpose branch |
8 | | may include an automatic loan machine. No
other activity shall |
9 | | be conducted at the site, including but not limited to,
|
10 | | accepting payments, servicing the accounts, or collections.
|
11 | | (b) The licensee must submit an application for a limited |
12 | | purpose branch to
the Director on forms prescribed by the |
13 | | Director with an application fee of
$300. The approval for the |
14 | | limited purpose branch must be renewed concurrently
with the |
15 | | renewal of the licensee's license along with a renewal fee of |
16 | | $300 for
the limited purpose branch.
|
17 | | (c) The books, accounts, records, and files of the limited |
18 | | purpose branch's
transactions shall be maintained at the |
19 | | licensee's licensed location. The
licensee shall notify the |
20 | | Director of the licensed location at which the books,
accounts, |
21 | | records, and files shall be maintained.
|
22 | | (d) The licensee shall prominently display at the limited |
23 | | purpose branch the
address and telephone number of the |
24 | | licensee's licensed location.
|
25 | | (e) No other business shall be conducted at the site of the |
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1 | | limited purpose
branch unless authorized by the Director.
|
2 | | (f) The Director shall make and enforce reasonable rules |
3 | | for the conduct of
a limited purpose branch.
|
4 | | (g) A limited purpose branch may not be located
within |
5 | | 1,000 feet of a facility operated by an inter-track wagering |
6 | | licensee or
an organization licensee subject to the Illinois |
7 | | Horse Racing Act of 1975,
on a riverboat or in a casino subject |
8 | | to
the Illinois Riverboat Gambling Act, or within 1,000 feet of |
9 | | the location at which the
riverboat docks or within 1,000 feet |
10 | | of a casino .
|
11 | | (Source: P.A. 90-437, eff. 1-1-98.)
|
12 | | Section 90-35. The Illinois Horse Racing Act of 1975 is |
13 | | amended by changing Sections 1.2, 3.11, 3.12, 6, 9, 15, 18, 19, |
14 | | 20, 21, 24, 25, 26, 26.8, 26.9, 27, 30, 30.5, 31, 32.1, 36, 40, |
15 | | and 54.75 and by adding Sections 3.31, 3.32, 3.33, 3.35, 3.36, |
16 | | 34.3, and 56 as follows:
|
17 | | (230 ILCS 5/1.2)
|
18 | | Sec. 1.2. Legislative intent. This Act is intended to |
19 | | benefit the people of the State of Illinois by
encouraging the |
20 | | breeding and production of race horses, assisting economic
|
21 | | development and promoting Illinois tourism.
The General |
22 | | Assembly finds and declares it to be the public policy
of the |
23 | | State
of Illinois to:
|
24 | | (a) support and enhance Illinois' horse racing industry, |
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1 | | which is a
significant
component within the agribusiness |
2 | | industry;
|
3 | | (b) ensure that Illinois' horse racing industry remains |
4 | | competitive with
neighboring states;
|
5 | | (c) stimulate growth within Illinois' horse racing |
6 | | industry, thereby
encouraging
new investment and development |
7 | | to produce additional tax revenues and to
create additional |
8 | | jobs;
|
9 | | (d) promote the further growth of tourism;
|
10 | | (e) encourage the breeding of thoroughbred and |
11 | | standardbred horses in this
State; and
|
12 | | (f) ensure that public confidence and trust in the |
13 | | credibility and integrity
of
racing operations and the |
14 | | regulatory process is maintained.
|
15 | | (Source: P.A. 91-40, eff. 6-25-99.)
|
16 | | (230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
|
17 | | Sec. 3.11.
"Organization Licensee" means any person |
18 | | receiving
an organization license from the Board to conduct a |
19 | | race meeting or meetings. With respect only to electronic |
20 | | gaming, "organization licensee" includes the authorization for |
21 | | an electronic gaming license under subsection (a) of Section 56 |
22 | | of this Act.
|
23 | | (Source: P.A. 79-1185.)
|
24 | | (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
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1 | | Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel |
2 | | system of
wagering" means a form of wagering on the outcome of
|
3 | | horse races in which
wagers are made in various
denominations |
4 | | on a horse or horses
and
all wagers for each race are pooled |
5 | | and held by a licensee
for distribution in a manner approved by |
6 | | the Board. "Pari-mutuel system of wagering" shall not include |
7 | | wagering on historic races. Wagers may be placed via any method |
8 | | or at any location authorized under this Act.
|
9 | | (Source: P.A. 96-762, eff. 8-25-09.)
|
10 | | (230 ILCS 5/3.31 new) |
11 | | Sec. 3.31. Adjusted gross receipts. "Adjusted gross |
12 | | receipts" means the gross receipts less winnings paid to |
13 | | wagerers.
|
14 | | (230 ILCS 5/3.32 new) |
15 | | Sec. 3.32. Gross receipts. "Gross receipts" means the total |
16 | | amount of money exchanged for the purchase of chips, tokens, or |
17 | | electronic cards by riverboat or casino patrons or electronic |
18 | | gaming patrons.
|
19 | | (230 ILCS 5/3.33 new) |
20 | | Sec. 3.33. Electronic gaming. "Electronic gaming" means |
21 | | slot machine gambling, video game of chance gambling, or |
22 | | gambling with electronic gambling games as defined in the |
23 | | Illinois Gambling Act or defined by the Illinois Gaming Board |
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1 | | that is conducted at a race track pursuant to an electronic |
2 | | gaming license.
|
3 | | (230 ILCS 5/3.35 new) |
4 | | Sec. 3.35. Electronic gaming license. "Electronic gaming |
5 | | license" means a license issued by the Illinois Gaming Board |
6 | | under Section 7.7 of the Illinois Gambling Act authorizing |
7 | | electronic gaming at an electronic gaming facility.
|
8 | | (230 ILCS 5/3.36 new) |
9 | | Sec. 3.36. Electronic gaming facility. "Electronic gaming |
10 | | facility" means that portion of an organization licensee's race |
11 | | track facility at which electronic gaming is conducted.
|
12 | | (230 ILCS 5/6) (from Ch. 8, par. 37-6)
|
13 | | Sec. 6. Restrictions on Board members. |
14 | | (a) No person shall be appointed a member of the Board or |
15 | | continue to be a member of the Board if the person or any |
16 | | member of their immediate family is a member of the Board of |
17 | | Directors, employee, or financially interested in any of the |
18 | | following: (i) any licensee or other person who has applied for |
19 | | racing dates to the Board, or the operations thereof including, |
20 | | but not limited to, concessions, data processing, track |
21 | | maintenance, track security, and pari-mutuel operations, |
22 | | located, scheduled or doing business within the State of |
23 | | Illinois, (ii) any race horse competing at a meeting under the |
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1 | | Board's jurisdiction, or (iii) any licensee under the Illinois |
2 | | Gambling Act. No person shall be appointed a member of the |
3 | | Board or continue
to be
a member of the Board who is (or any |
4 | | member of whose family is) a member of the
Board of Directors |
5 | | of, or who is a person financially interested in, any
licensee |
6 | | or other person who has applied for racing dates to the
Board, |
7 | | or the operations thereof including, but not
limited to, |
8 | | concessions, data
processing, track maintenance, track |
9 | | security and pari-mutuel operations,
located, scheduled
or |
10 | | doing business within the State of Illinois, or in any race |
11 | | horse competing
at a meeting
under the Board's jurisdiction. No |
12 | | Board member shall hold any other public
office for which he
|
13 | | shall receive compensation other than necessary travel or other |
14 | | incidental
expenses.
|
15 | | (b) No person shall be a member of the Board who is not of |
16 | | good moral
character or who
has been convicted of, or is under |
17 | | indictment for, a felony under the laws
of Illinois or any
|
18 | | other state, or the United States.
|
19 | | (c) No member of the Board or employee shall engage in any |
20 | | political activity. |
21 | | For the purposes of this subsection (c): |
22 | | "Political" means any activity in support of or in |
23 | | connection with any campaign for State or local elective office |
24 | | or any political organization, but does not include activities |
25 | | (i) relating to the support or opposition of any executive, |
26 | | legislative, or administrative action (as those terms are |
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1 | | defined in Section 2 of the Lobbyist Registration Act), (ii) |
2 | | relating to collective bargaining, or (iii) that are otherwise |
3 | | in furtherance of the person's official State duties or |
4 | | governmental and public service functions. |
5 | | "Political organization" means a party, committee, |
6 | | association, fund, or other organization (whether or not |
7 | | incorporated) that is required to file a statement of |
8 | | organization with the State Board of Elections or county clerk |
9 | | under Section 9-3 of the Election Code, but only with regard to |
10 | | those activities that require filing with the State Board of |
11 | | Elections or county clerk. |
12 | | (d) Board members and employees may not engage in |
13 | | communications or any activity that may cause or have the |
14 | | appearance of causing a conflict of interest. A conflict of |
15 | | interest exists if a situation influences or creates the |
16 | | appearance that it may influence judgment or performance of |
17 | | regulatory duties and responsibilities. This prohibition shall |
18 | | extend to any act identified by Board action that, in the |
19 | | judgment of the Board, could represent the potential for or the |
20 | | appearance of a conflict of interest. |
21 | | (e) Board members and employees may not accept any gift, |
22 | | gratuity, service, compensation, travel, lodging, or thing of |
23 | | value, with the exception of unsolicited items of an incidental |
24 | | nature, from any person, corporation, limited liability |
25 | | company, or entity doing business with the Board. |
26 | | (f) A Board member or employee shall not use or attempt to |
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1 | | use his or her official position to secure, or attempt to |
2 | | secure, any privilege, advantage, favor, or influence for |
3 | | himself or herself or others. No Board member or employee, |
4 | | within a period of one year immediately preceding nomination by |
5 | | the Governor or employment, shall have been employed or |
6 | | received compensation or fees for services from a person or |
7 | | entity, or its parent or affiliate, that has engaged in |
8 | | business with the Board, a licensee or a licensee under the |
9 | | Illinois Gambling Act. In addition, all Board members and |
10 | | employees are subject to the restrictions set forth in Section |
11 | | 5-45 of the State Officials and Employees Ethics Act. |
12 | | (Source: P.A. 89-16, eff. 5-30-95.)
|
13 | | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
|
14 | | Sec. 9.
The Board shall have all powers necessary and |
15 | | proper to fully and
effectively execute the provisions of this |
16 | | Act, including, but not
limited to, the following:
|
17 | | (a) The Board is vested with jurisdiction and supervision |
18 | | over all race
meetings in this State, over all licensees doing |
19 | | business
in this
State, over all occupation licensees, and over |
20 | | all persons on the
facilities of any licensee. Such |
21 | | jurisdiction shall
include the power to issue licenses to the |
22 | | Illinois Department of
Agriculture authorizing the pari-mutuel |
23 | | system of wagering
on harness and Quarter Horse races held (1) |
24 | | at the Illinois State Fair in
Sangamon County, and (2) at the |
25 | | DuQuoin State Fair in Perry County. The
jurisdiction of the |
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1 | | Board shall also include the power to issue licenses to
county |
2 | | fairs which are eligible to receive funds pursuant to the
|
3 | | Agricultural Fair Act, as now or hereafter amended, or their |
4 | | agents,
authorizing the pari-mutuel system of wagering on horse
|
5 | | races
conducted at the county fairs receiving such licenses. |
6 | | Such licenses shall be
governed by subsection (n) of this |
7 | | Section.
|
8 | | Upon application, the Board shall issue a license to the |
9 | | Illinois Department
of Agriculture to conduct harness and |
10 | | Quarter Horse races at the Illinois State
Fair and at the |
11 | | DuQuoin State Fairgrounds
during the scheduled dates of each |
12 | | fair. The Board shall not require and the
Department of |
13 | | Agriculture shall be exempt from the requirements of Sections
|
14 | | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), |
15 | | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 |
16 | | and 25. The Board and the Department
of
Agriculture may extend |
17 | | any or all of these exemptions to any contractor or
agent |
18 | | engaged by the Department of Agriculture to conduct its race |
19 | | meetings
when the Board determines that this would best serve |
20 | | the public interest and
the interest of horse racing.
|
21 | | Notwithstanding any provision of law to the contrary, it |
22 | | shall be lawful for
any licensee to operate pari-mutuel |
23 | | wagering
or
contract with the Department of Agriculture to |
24 | | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds |
25 | | or for the Department to enter into contracts
with a licensee, |
26 | | employ its owners,
employees
or
agents and employ such other |
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1 | | occupation licensees as the Department deems
necessary in |
2 | | connection with race meetings and wagerings.
|
3 | | (b) The Board is vested with the full power to promulgate |
4 | | reasonable
rules and regulations for the purpose of |
5 | | administering the provisions of
this Act and to prescribe |
6 | | reasonable rules, regulations and conditions
under which all |
7 | | horse race meetings or wagering in the State shall be
|
8 | | conducted. Such reasonable rules and regulations are to provide |
9 | | for the
prevention of practices detrimental to the public |
10 | | interest and to promote the best
interests of horse racing and |
11 | | to impose penalties for violations thereof.
|
12 | | (c) The Board, and any person or persons to whom it |
13 | | delegates
this power, is vested with the power to enter the |
14 | | facilities and other places of business of any licensee to |
15 | | determine whether there has been compliance with
the provisions |
16 | | of this Act and its rules and regulations.
|
17 | | (d) The Board, and any person or persons to whom it |
18 | | delegates this
power, is vested with the authority to |
19 | | investigate alleged violations of
the provisions of this Act, |
20 | | its reasonable rules and regulations, orders
and final |
21 | | decisions; the Board shall take appropriate disciplinary |
22 | | action
against any licensee or occupation licensee for |
23 | | violation
thereof or
institute appropriate legal action for the |
24 | | enforcement thereof.
|
25 | | (e) The Board, and any person or persons to whom it |
26 | | delegates this power,
may eject or exclude from any race |
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1 | | meeting or
the facilities of any licensee, or any part
thereof, |
2 | | any occupation licensee or any
other individual whose conduct |
3 | | or reputation is such that his presence on
those facilities |
4 | | may, in the opinion of the Board, call into question
the |
5 | | honesty and integrity of horse racing or wagering or interfere |
6 | | with the
orderly
conduct of horse racing or wagering; provided, |
7 | | however, that no person
shall be
excluded or ejected from the |
8 | | facilities of any licensee solely on the grounds of
race, |
9 | | color, creed, national origin, ancestry, or sex. The power to |
10 | | eject
or exclude an occupation licensee or other individual may
|
11 | | be exercised for just cause by the licensee or the Board, |
12 | | subject to subsequent hearing by the
Board as to the propriety |
13 | | of said exclusion.
|
14 | | (f) The Board is vested with the power to acquire,
|
15 | | establish, maintain and operate (or provide by contract to
|
16 | | maintain and operate) testing laboratories and related |
17 | | facilities,
for the purpose of conducting saliva, blood, urine |
18 | | and other tests on the
horses run or to be run in any horse race |
19 | | meeting , including races run at county fairs, and to purchase |
20 | | all
equipment and supplies deemed necessary or desirable in |
21 | | connection with
any such testing laboratories and related |
22 | | facilities and all such tests.
|
23 | | (g) The Board may require that the records, including |
24 | | financial or other
statements of any licensee or any person |
25 | | affiliated with the licensee who is
involved directly or |
26 | | indirectly in the activities of any licensee as regulated
under |
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1 | | this Act to the extent that those financial or other statements |
2 | | relate to
such activities be kept in
such manner as prescribed |
3 | | by the Board, and that Board employees shall have
access to |
4 | | those records during reasonable business
hours. Within 120 days |
5 | | of the end of its fiscal year, each licensee shall
transmit to
|
6 | | the Board
an audit of the financial transactions and condition |
7 | | of the licensee's total
operations. All audits shall be |
8 | | conducted by certified public accountants.
Each certified |
9 | | public accountant must be registered in the State of Illinois
|
10 | | under the Illinois Public Accounting Act. The compensation for |
11 | | each certified
public accountant shall be paid directly by the |
12 | | licensee to the certified
public accountant. A licensee shall |
13 | | also submit any other financial or related
information the |
14 | | Board deems necessary to effectively administer this Act and
|
15 | | all rules, regulations, and final decisions promulgated under |
16 | | this Act.
|
17 | | (h) The Board shall name and appoint in the manner provided |
18 | | by the rules
and regulations of the Board: an Executive |
19 | | Director; a State director
of mutuels; State veterinarians and |
20 | | representatives to take saliva, blood,
urine and other tests on |
21 | | horses; licensing personnel; revenue
inspectors; and State |
22 | | seasonal employees (excluding admission ticket
sellers and |
23 | | mutuel clerks). All of those named and appointed as provided
in |
24 | | this subsection shall serve during the pleasure of the Board; |
25 | | their
compensation shall be determined by the Board and be paid |
26 | | in the same
manner as other employees of the Board under this |
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1 | | Act.
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2 | | (i) The Board shall require that there shall be 3 stewards |
3 | | at each horse
race meeting, at least 2 of whom shall be named |
4 | | and appointed by the Board.
Stewards appointed or approved by |
5 | | the Board, while performing duties
required by this Act or by |
6 | | the Board, shall be entitled to the same rights
and immunities |
7 | | as granted to Board members and Board employees in Section
10 |
8 | | of this Act.
|
9 | | (j) The Board may discharge any Board employee
who fails or |
10 | | refuses for any reason to comply with the rules and
regulations |
11 | | of the Board, or who, in the opinion of the Board,
is guilty of |
12 | | fraud, dishonesty or who is proven to be incompetent.
The Board |
13 | | shall have no right or power to determine who shall be |
14 | | officers,
directors or employees of any licensee, or their |
15 | | salaries
except the Board may, by rule, require that all or any |
16 | | officials or
employees in charge of or whose duties relate to |
17 | | the actual running of
races be approved by the Board.
|
18 | | (k) The Board is vested with the power to appoint
delegates |
19 | | to execute any of the powers granted to it under this Section
|
20 | | for the purpose of administering this Act and any rules or |
21 | | regulations
promulgated in accordance with this Act.
|
22 | | (l) The Board is vested with the power to impose civil |
23 | | penalties of up to
$5,000 against an individual and up to |
24 | | $10,000 against a
licensee for each
violation of any provision |
25 | | of this Act, any rules adopted by the Board, any
order of the |
26 | | Board or any other action which, in the Board's discretion, is
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1 | | a detriment or impediment to horse racing or wagering. |
2 | | Beginning on the date when any organization licensee begins |
3 | | conducting electronic gaming pursuant to an electronic gaming |
4 | | license issued under the Illinois Gambling Act, the power |
5 | | granted to the Board pursuant to this subsection (l) shall |
6 | | authorize the Board to impose penalties of up to $10,000 |
7 | | against an individual and up to $25,000 against a licensee. All |
8 | | such civil penalties shall be deposited into the Horse Racing |
9 | | Fund.
|
10 | | (m) The Board is vested with the power to prescribe a form |
11 | | to be used
by licensees as an application for employment for |
12 | | employees of
each licensee.
|
13 | | (n) The Board shall have the power to issue a license
to |
14 | | any county fair, or its
agent, authorizing the conduct of the |
15 | | pari-mutuel system of
wagering. The Board is vested with the |
16 | | full power to promulgate
reasonable rules, regulations and |
17 | | conditions under which all horse race
meetings licensed |
18 | | pursuant to this subsection shall be held and conducted,
|
19 | | including rules, regulations and conditions for the conduct of |
20 | | the
pari-mutuel system of wagering. The rules, regulations and
|
21 | | conditions shall provide for the prevention of practices |
22 | | detrimental to the
public interest and for the best interests |
23 | | of horse racing, and shall
prescribe penalties for violations |
24 | | thereof. Any authority granted the
Board under this Act shall |
25 | | extend to its jurisdiction and supervision over
county fairs, |
26 | | or their agents, licensed pursuant to this subsection.
However, |
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1 | | the Board may waive any provision of this Act or its rules or
|
2 | | regulations which would otherwise apply to such county fairs or |
3 | | their agents.
|
4 | | (o) Whenever the Board is authorized or
required by law to |
5 | | consider some aspect of criminal history record
information for |
6 | | the purpose of carrying out its statutory powers and
|
7 | | responsibilities, then, upon request and payment of fees in |
8 | | conformance
with the requirements of Section 2605-400 of
the |
9 | | Department of State Police Law (20 ILCS 2605/2605-400), the |
10 | | Department of State Police is
authorized to furnish, pursuant |
11 | | to positive identification, such
information contained in |
12 | | State files as is necessary to fulfill the request.
|
13 | | (p) To insure the convenience, comfort, and wagering |
14 | | accessibility of
race track patrons, to provide for the |
15 | | maximization of State revenue, and
to generate increases in |
16 | | purse allotments to the horsemen, the Board shall
require any |
17 | | licensee to staff the pari-mutuel department with
adequate |
18 | | personnel.
|
19 | | (Source: P.A. 97-1060, eff. 8-24-12.)
|
20 | | (230 ILCS 5/15) (from Ch. 8, par. 37-15)
|
21 | | Sec. 15.
(a) The Board shall, in its discretion, issue |
22 | | occupation
licenses
to horse owners, trainers, harness |
23 | | drivers, jockeys, agents, apprentices,
grooms, stable foremen, |
24 | | exercise persons, veterinarians, valets, blacksmiths,
|
25 | | concessionaires and others designated by the Board whose work, |
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1 | | in whole or in
part, is conducted upon facilities within the |
2 | | State. Such occupation licenses
will
be obtained prior to the
|
3 | | persons engaging in their vocation upon such facilities. The
|
4 | | Board shall not license pari-mutuel clerks, parking |
5 | | attendants, security
guards and employees of concessionaires. |
6 | | No occupation license shall be
required of
any person who works |
7 | | at facilities within this
State as a pari-mutuel
clerk, parking |
8 | | attendant, security guard or as an employee of a |
9 | | concessionaire.
Concessionaires of the Illinois State Fair and |
10 | | DuQuoin State Fair and
employees of the Illinois Department of |
11 | | Agriculture shall not be required to
obtain an occupation |
12 | | license by the Board.
|
13 | | (b) Each application for an occupation license shall be on |
14 | | forms
prescribed by the Board. Such license, when issued, shall |
15 | | be for the
period ending December 31 of each year, except that |
16 | | the Board in its
discretion may grant 3-year licenses. The |
17 | | application shall
be accompanied
by a fee of not more than $25 |
18 | | per year
or, in the case of 3-year occupation
license
|
19 | | applications, a fee of not more than $60. Each applicant shall |
20 | | set forth in
the application his full name and address, and if |
21 | | he had been issued prior
occupation licenses or has been |
22 | | licensed in any other state under any other
name, such name, |
23 | | his age, whether or not a permit or license issued to him
in |
24 | | any other state has been suspended or revoked and if so whether |
25 | | such
suspension or revocation is in effect at the time of the |
26 | | application, and
such other information as the Board may |
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1 | | require. Fees for registration of
stable names shall not exceed |
2 | | $50.00. Beginning on the date when any organization licensee |
3 | | begins conducting electronic gaming pursuant to an electronic |
4 | | gambling license issued under the Illinois Gambling Act, the |
5 | | fee for registration of stable names shall not exceed $150, and |
6 | | the application fee for an occupation license shall not exceed |
7 | | $75, per year or, in the case of a 3-year occupation license |
8 | | application, the fee shall not exceed $180.
|
9 | | (c) The Board may in its discretion refuse an occupation |
10 | | license
to any person:
|
11 | | (1) who has been convicted of a crime;
|
12 | | (2) who is unqualified to perform the duties required |
13 | | of such applicant;
|
14 | | (3) who fails to disclose or states falsely any |
15 | | information called for
in the application;
|
16 | | (4) who has been found guilty of a violation of this |
17 | | Act or of the rules
and regulations of the Board; or
|
18 | | (5) whose license or permit has been suspended, revoked |
19 | | or denied for just
cause in any other state.
|
20 | | (d) The Board may suspend or revoke any occupation license:
|
21 | | (1) for violation of any of the provisions of this Act; |
22 | | or
|
23 | | (2) for violation of any of the rules or regulations of |
24 | | the Board; or
|
25 | | (3) for any cause which, if known to the Board, would |
26 | | have justified the
Board in refusing to issue such |
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1 | | occupation license; or
|
2 | | (4) for any other just cause.
|
3 | | (e)
Each applicant shall submit his or her fingerprints |
4 | | to the
Department
of State Police in the form and manner |
5 | | prescribed by the Department of State
Police. These |
6 | | fingerprints shall be checked against the fingerprint records
|
7 | | now and hereafter filed in the Department of State
Police and |
8 | | Federal Bureau of Investigation criminal history records
|
9 | | databases. The Department of State Police shall charge
a fee |
10 | | for conducting the criminal history records check, which shall |
11 | | be
deposited in the State Police Services Fund and shall not |
12 | | exceed the actual
cost of the records check. The Department of |
13 | | State Police shall furnish,
pursuant to positive |
14 | | identification, records of conviction to the Board.
Each |
15 | | applicant for licensure shall submit with his occupation
|
16 | | license
application, on forms provided by the Board, 2 sets of |
17 | | his fingerprints.
All such applicants shall appear in person at |
18 | | the location designated by
the Board for the purpose of |
19 | | submitting such sets of fingerprints; however,
with the prior |
20 | | approval of a State steward, an applicant may have such sets
of |
21 | | fingerprints taken by an official law enforcement agency and |
22 | | submitted to
the Board.
|
23 | | (f) The Board may, in its discretion, issue an occupation |
24 | | license without
submission of fingerprints if an applicant has |
25 | | been duly licensed in another
recognized racing jurisdiction |
26 | | after submitting fingerprints that were
subjected to a Federal |
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1 | | Bureau of Investigation criminal history background
check
in
|
2 | | that jurisdiction.
|
3 | | (g) Beginning on the date when any organization licensee |
4 | | begins conducting electronic gaming pursuant to an electronic |
5 | | gaming license issued under the Illinois Gambling Act, the |
6 | | Board may charge each applicant a reasonable non-refundable fee |
7 | | to defray the costs associated with the background |
8 | | investigation conducted by the Board. This fee shall be |
9 | | exclusive of any other fee or fees charged in connection with |
10 | | an application for and, if applicable, the issuance of, an |
11 | | electronic gaming license. If the costs of the investigation |
12 | | exceed the amount of the fee charged, the Board shall |
13 | | immediately notify the applicant of the additional amount owed, |
14 | | payment of which must be submitted to the Board within 7 days |
15 | | after such notification. All information, records, interviews, |
16 | | reports, statements, memoranda, or other data supplied to or |
17 | | used by the Board in the course of its review or investigation |
18 | | of an applicant for a license or renewal under this Act shall |
19 | | be privileged, strictly confidential, and shall be used only |
20 | | for the purpose of evaluating an applicant for a license or a |
21 | | renewal. Such information, records, interviews, reports, |
22 | | statements, memoranda, or other data shall not be admissible as |
23 | | evidence, nor discoverable, in any action of any kind in any |
24 | | court or before any tribunal, board, agency, or person, except |
25 | | for any action deemed necessary by the Board. |
26 | | (Source: P.A. 93-418, eff. 1-1-04.)
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1 | | (230 ILCS 5/18) (from Ch. 8, par. 37-18)
|
2 | | Sec. 18.
(a) Together with its application, each applicant |
3 | | for racing dates
shall deliver to the Board a certified check |
4 | | or bank draft payable to the order
of the Board for $1,000. In |
5 | | the event the applicant applies for racing dates
in 2 or 3 |
6 | | successive calendar years as provided in subsection (b) of |
7 | | Section
21, the fee shall be $2,000. Filing fees shall not be |
8 | | refunded in the event
the application is denied. Beginning on |
9 | | the date when any organization licensee begins conducting |
10 | | electronic gaming pursuant to an electronic gaming license |
11 | | issued under the Illinois Gambling Act, the application fee for |
12 | | racing dates imposed by this subsection (a) shall be $10,000 |
13 | | and the application fee for racing dates in 2 or 3 successive |
14 | | calendar years as provided in subsection (b) of Section 21 |
15 | | shall be $20,000. All filing fees shall be deposited into the |
16 | | Horse Racing Fund.
|
17 | | (b) In addition to the filing fee imposed by subsection (a) |
18 | | of $1000 and the fees provided in
subsection (j) of Section 20, |
19 | | each organization licensee shall pay a license
fee of $100 for |
20 | | each racing program on which its daily pari-mutuel handle is
|
21 | | $400,000 or more but less than $700,000, and a license fee of |
22 | | $200 for each
racing program on which its daily pari-mutuel |
23 | | handle is $700,000 or more.
The
additional fees required to be |
24 | | paid under this Section by this amendatory Act
of 1982 shall be |
25 | | remitted by the organization licensee to the Illinois Racing
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1 | | Board with each day's graduated privilege tax or pari-mutuel |
2 | | tax and
breakage as provided under
Section 27. Beginning on the |
3 | | date when any organization licensee begins conducting |
4 | | electronic gaming pursuant to an electronic gaming license |
5 | | issued under the Illinois Gambling Act, the license fee imposed |
6 | | by this subsection (b) shall be $200 for each racing program on |
7 | | which the organization licensee's daily pari-mutuel handle is |
8 | | $100,000 or more, but less than $400,000, and the license fee |
9 | | imposed by this subsection (b) shall be $400 for each racing |
10 | | program on which the organization licensee's daily pari-mutuel |
11 | | handle is $400,000 or more.
|
12 | | (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois |
13 | | Municipal Code,"
approved May 29, 1961, as now or hereafter |
14 | | amended, shall not apply to any
license under this Act.
|
15 | | (Source: P.A. 97-1060, eff. 8-24-12.)
|
16 | | (230 ILCS 5/19) (from Ch. 8, par. 37-19)
|
17 | | Sec. 19.
(a) No organization license may be granted to |
18 | | conduct a
horse race meeting:
|
19 | | (1) except as provided in subsection (c) of Section 21 |
20 | | of this Act,
to any person at any place within 35 miles of |
21 | | any other place
licensed by the Board to hold a race |
22 | | meeting on the same date during the
same hours,
the mileage
|
23 | | measurement used in this subsection (a) shall be certified |
24 | | to the Board by
the Bureau of
Systems and Services in the |
25 | | Illinois Department of Transportation as the
most commonly |
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1 | | used public way of vehicular travel;
|
2 | | (2) to any person in default in the payment of any |
3 | | obligation or
debt due the State under this Act, provided |
4 | | no applicant shall be deemed
in default in the payment of |
5 | | any obligation or debt due to the State
under this Act as |
6 | | long as there is pending a hearing of any kind
relevant to |
7 | | such matter;
|
8 | | (3) to any person who has been convicted of the |
9 | | violation of any law
of the United States or any State law |
10 | | which provided as all or part of
its penalty imprisonment |
11 | | in any penal institution; to any person against
whom there |
12 | | is pending a Federal or State criminal charge; to any |
13 | | person
who is or has been connected with or engaged in the |
14 | | operation of any
illegal business; to any person who does |
15 | | not enjoy a general reputation
in his community of being an |
16 | | honest, upright, law-abiding person;
provided that none of |
17 | | the matters set forth in this subparagraph (3)
shall make |
18 | | any person ineligible to be granted an organization license
|
19 | | if the Board determines, based on circumstances of any such |
20 | | case, that
the granting of a license would not be |
21 | | detrimental to the interests of
horse racing and of the |
22 | | public;
|
23 | | (4) to any person who does not at the time of |
24 | | application for the
organization license own or have a |
25 | | contract or lease for the possession
of a finished race |
26 | | track suitable for the type of racing intended to be
held |
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1 | | by the applicant and for the accommodation of the public.
|
2 | | (b) (Blank) Horse racing on Sunday shall be prohibited |
3 | | unless authorized by
ordinance or referendum of the |
4 | | municipality in which a race track or any
of its appurtenances |
5 | | or facilities are located, or utilized .
|
6 | | (c) If any person is ineligible to receive an
organization
|
7 | | license because of any of the matters set forth in subsection |
8 | | (a) (2) or
subsection (a) (3) of this Section, any other or |
9 | | separate person that
either (i) controls, directly or |
10 | | indirectly, such ineligible person
or (ii) is controlled, |
11 | | directly or indirectly, by such ineligible
person or by a |
12 | | person which controls, directly or indirectly, such
ineligible |
13 | | person shall also be ineligible.
|
14 | | (Source: P.A. 88-495; 89-16, eff. 5-30-95 .)
|
15 | | (230 ILCS 5/20) (from Ch. 8, par. 37-20)
|
16 | | Sec. 20.
(a) Any person desiring to conduct a horse race |
17 | | meeting may
apply to the Board for an organization license. The |
18 | | application shall be
made on a form prescribed and furnished by |
19 | | the Board. The application shall
specify:
|
20 | | (1) the dates on which
it intends to conduct the horse |
21 | | race meeting, which
dates shall be provided
under Section |
22 | | 21;
|
23 | | (2) the hours of each racing day between which it |
24 | | intends to
hold or
conduct horse racing at such meeting;
|
25 | | (3) the location where it proposes to conduct the
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1 | | meeting; and
|
2 | | (4) any other information the Board may reasonably |
3 | | require.
|
4 | | (b) A separate application for an organization license |
5 | | shall be filed
for each horse race meeting
which such person |
6 | | proposes to hold. Any such application, if made by an
|
7 | | individual, or by any individual as trustee, shall be
signed |
8 | | and verified under oath by such individual. If the application |
9 | | is
made by individuals , then it shall be signed and verified |
10 | | under oath by at least 2 of the individuals; if the application |
11 | | is made by or a partnership, it shall be signed and
verified |
12 | | under oath by at least 2 of such individuals or members of such
|
13 | | partnership as the case may be. If made by an association, a |
14 | | corporation, a
corporate trustee , a limited liability company, |
15 | | or any other entity, it shall be signed by an authorized |
16 | | officer, a partner, a member, or a manager, as the case may be, |
17 | | of the entity the president
and attested by the secretary or |
18 | | assistant secretary under the seal
of such association, trust |
19 | | or corporation if it has a seal, and shall
also be verified |
20 | | under oath by one of the signing officers .
|
21 | | (c) The application shall specify : |
22 | | (1) the name of the
persons, association, trust, or |
23 | | corporation making such application ; and |
24 | | (2) the principal
post office address of the applicant; |
25 | | (3) if the applicant is a trustee, the
names and |
26 | | addresses of the beneficiaries; if the applicant is a |
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1 | | corporation, the names and
post office addresses of all |
2 | | officers, stockholders and directors; or if
such
|
3 | | stockholders hold stock as a nominee or fiduciary, the |
4 | | names and post
office addresses of the parties these |
5 | | persons, partnerships, corporations, or trusts
who are the |
6 | | beneficial owners thereof or who are beneficially |
7 | | interested
therein; and if the applicant is a partnership, |
8 | | the names and post office addresses of all
partners, |
9 | | general or limited; if the applicant is a limited liability |
10 | | company, the names and addresses of the manager and |
11 | | members; and if the applicant is any other entity, the |
12 | | names and addresses of all officers or other authorized |
13 | | persons of the entity corporation, the name
of the state of |
14 | | its incorporation shall be specified .
|
15 | | (d) The applicant shall execute and file with the Board a |
16 | | good faith
affirmative action plan to recruit, train, and |
17 | | upgrade minorities in all
classifications within the |
18 | | association.
|
19 | | (e) With such
application there shall be delivered to the |
20 | | Board a
certified check or bank draft payable to the order of |
21 | | the Board for an
amount equal to $1,000. All applications for
|
22 | | the issuance of an organization license shall be filed with the |
23 | | Board before
August 1 of the year prior to the year for which |
24 | | application is made and shall be acted
upon by the Board at a |
25 | | meeting to be held on such date as shall be fixed
by the Board |
26 | | during the last 15 days of September of such prior year.
At |
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1 | | such meeting, the Board shall announce
the award of the racing |
2 | | meets, live racing schedule, and designation of host
track to |
3 | | the applicants and its approval or disapproval of each
|
4 | | application. No announcement shall
be considered binding until |
5 | | a formal order is executed by the Board, which
shall be |
6 | | executed no later than October 15 of that prior year.
Absent |
7 | | the agreement of
the affected organization licensees, the Board |
8 | | shall not grant overlapping
race meetings to 2 or more tracks |
9 | | that are within 100 miles of each
other to conduct the |
10 | | thoroughbred racing.
|
11 | | (e-1) In awarding standardbred racing dates for calendar |
12 | | year 2019, the Board shall award at least 160 racing dates, and |
13 | | each organization licensee shall average at least 10 races for |
14 | | each racing date awarded. In awarding standardbred racing dates |
15 | | for calendar year 2020, the Board shall award at least 200 |
16 | | racing dates, and each organization licensee shall average at |
17 | | least 11 races for each racing date awarded. In awarding |
18 | | standardbred racing dates for calendar year 2021 and |
19 | | thereafter, the Board shall award at least 260 racing dates, |
20 | | and each organization licensee shall average at least 11 races |
21 | | for each racing date awarded unless a lesser schedule of live |
22 | | racing is a result of an agreement with the organization |
23 | | representing the largest number of standardbred owners, |
24 | | breeders, trainers, drivers, caretakers in the State. |
25 | | Standardbred racing conducted in Sangamon County shall not be |
26 | | considered races under this subsection (e-1). |
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1 | | (e-2) In awarding racing dates for calendar year 2019 and |
2 | | thereafter, the Board shall award thoroughbred racing days to |
3 | | Cook County organization licensees commensurate with these |
4 | | organization licensees' requirement that they shall run at |
5 | | least 1,950 thoroughbred races in the aggregate, so long as 2 |
6 | | organization licensees are conducting electronic gaming |
7 | | operations. Additionally, if the organization licensees that |
8 | | run thoroughbred races in Cook County are conducting electronic |
9 | | gaming operations, the Board shall increase the number of |
10 | | thoroughbred races to be run in Cook County in the aggregate to |
11 | | at least the following: |
12 | | (i) 2,050 races in any year following the most recent |
13 | | preceding complete calendar year when the combined |
14 | | adjusted gross receipts of the electronic gaming licensees |
15 | | operating at Cook County race tracks total in excess of |
16 | | $200,000,000, but do not exceed $250,000,000; |
17 | | (ii) 2,125 races in any year following the most recent |
18 | | preceding complete calendar year when the combined |
19 | | adjusted gross receipts of the electronic gaming licensees |
20 | | operating at Cook County race tracks total in excess of |
21 | | $250,000,000, but do not exceed $300,000,000; |
22 | | (iii) 2,200 races in any year following the most recent |
23 | | preceding complete calendar year when the combined |
24 | | adjusted gross receipts of the electronic gaming licensees |
25 | | operating at Cook County race tracks total in excess of |
26 | | $300,000,000, but do not exceed $350,000,000; |
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1 | | (iv) 2,300 races in any year following the most recent |
2 | | preceding complete calendar year when the combined |
3 | | adjusted gross receipts of the electronic gaming licensees |
4 | | operating at Cook County race tracks total in excess of |
5 | | $350,000,000, but do not exceed $400,000,000; |
6 | | (v) 2,375 races in any year following the most recent |
7 | | preceding complete calendar year when the combined |
8 | | adjusted gross receipts of the electronic gaming licensees |
9 | | operating at Cook County race tracks total in excess of |
10 | | $400,000,000, but do not exceed $450,000,000; |
11 | | (vi) 2,450 races in any year following the most recent |
12 | | preceding complete calendar year when the combined |
13 | | adjusted gross receipts of the electronic gaming licensees |
14 | | operating at Cook County race tracks total in excess of |
15 | | $450,000,000, but do not exceed $500,000,000; |
16 | | (vii) 2,550 races in any year following the most recent |
17 | | preceding complete calendar year when the combined |
18 | | adjusted gross receipts of the electronic gaming licensees |
19 | | operating at Cook County race tracks exceeds $500,000,000. |
20 | | In awarding racing dates under this subsection (e-2), the |
21 | | Board shall have the discretion to allocate those thoroughbred |
22 | | racing dates among these Cook County organization licensees. |
23 | | (e-3) In awarding racing dates for calendar year 2019 and |
24 | | thereafter in connection with a race track in Madison County, |
25 | | the Board shall award racing dates and such organization |
26 | | licensee shall run at least 700 thoroughbred races at the race |
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1 | | track in Madison County each year. |
2 | | Notwithstanding Section 7.7 of the Illinois Gambling Act or |
3 | | any provision of this Act other than subsection (e-4.5), for |
4 | | each calendar year for which an electronic gaming licensee |
5 | | located in Madison County requests racing dates resulting in |
6 | | less than 700 live thoroughbred races at its race track |
7 | | facility, the electronic gaming licensee may not conduct |
8 | | electronic gaming for the calendar year of such requested live |
9 | | races. |
10 | | (e-4) Notwithstanding the provisions of Section 7.7 of the |
11 | | Illinois Gambling Act or any provision of this Act other than |
12 | | subsections (e-3) and (e-4.5), for each calendar year for which |
13 | | an electronic gaming licensee requests thoroughbred racing |
14 | | dates which results in a number of live races under its |
15 | | organization license that is less than the total number of live |
16 | | races which it conducted in 2017 at its race track facility, |
17 | | the electronic gaming licensee may not conduct electronic |
18 | | gaming for the calendar year of such requested live races. |
19 | | (e-4.1) Notwithstanding the provisions of Section 7.7 of |
20 | | the Illinois Gambling Act or any provision of this Act other |
21 | | than subsections (e-3) and (e-4.5), for each calendar year for |
22 | | which an organization licensee requests racing dates for |
23 | | standardbred racing which results in a number of live races |
24 | | that is less than the total number of live races required in |
25 | | subsection (e-1), the electronic gaming licensee may not |
26 | | conduct electronic gaming for the calendar year of such |
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1 | | requested live races. |
2 | | (e-4.5) The Board shall ensure that each organization |
3 | | licensee shall individually run a sufficient number of races |
4 | | per year to qualify for an electronic gaming license under this |
5 | | Act. The General Assembly finds that the minimum live racing |
6 | | guarantees contained in subsections (e-1), (e-2), and (e-3) are |
7 | | in the best interest of the sport of horse racing, and that |
8 | | such guarantees may only be reduced in the limited |
9 | | circumstances described in this subsection. The Board may |
10 | | decrease the number of racing days without affecting an |
11 | | organization licensee's ability to conduct electronic gaming |
12 | | only if the Board determines, after notice and hearing, that: |
13 | | (i) a decrease is necessary to maintain a sufficient |
14 | | number of betting interests per race to ensure the |
15 | | integrity of racing; |
16 | | (ii) there are unsafe track conditions due to weather |
17 | | or acts of God; |
18 | | (iii) there is an agreement between an organization |
19 | | licensee and the breed association that is applicable to |
20 | | the involved live racing guarantee, such association |
21 | | representing either the largest number of thoroughbred |
22 | | owners and trainers or the largest number of standardbred |
23 | | owners, trainers and drivers who race horses at the |
24 | | involved organization licensee's racing meeting, so long |
25 | | as the agreement does not compromise the integrity of the |
26 | | sport of horse racing; or |
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1 | | (iv) the horse population or purse levels are |
2 | | insufficient to provide the number of racing opportunities |
3 | | otherwise required in this Act. |
4 | | In decreasing the number of racing dates in accordance with |
5 | | this subsection, the Board shall hold a hearing and shall |
6 | | provide the public and all interested parties notice and an |
7 | | opportunity to be heard. The Board shall accept testimony from |
8 | | all interested parties, including any association representing |
9 | | owners, trainers, jockeys, or drivers who will be affected by |
10 | | the decrease in racing dates. The Board shall provide a written |
11 | | explanation of the reasons for the decrease and the Board's |
12 | | findings. The written explanation shall include a listing and |
13 | | content of all communication between any party and any Illinois |
14 | | Racing Board member or staff that does not take place at a |
15 | | public meeting of the Board. |
16 | | (e-5) In reviewing an application for the purpose of |
17 | | granting an
organization license consistent with
the best |
18 | | interests of the public and the
sport of horse racing, the |
19 | | Board shall consider:
|
20 | | (1) the character, reputation, experience, and |
21 | | financial integrity of the
applicant and of any other |
22 | | separate person that either:
|
23 | | (i) controls the applicant, directly or |
24 | | indirectly, or
|
25 | | (ii) is controlled, directly or indirectly, by |
26 | | that applicant or by a
person who controls, directly or |
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1 | | indirectly, that applicant;
|
2 | | (2) the applicant's facilities or proposed facilities |
3 | | for conducting
horse
racing;
|
4 | | (3) the total revenue without regard to Section 32.1 to |
5 | | be derived by
the State and horsemen from the applicant's
|
6 | | conducting a race meeting;
|
7 | | (4) the applicant's good faith affirmative action plan |
8 | | to recruit, train,
and upgrade minorities in all employment |
9 | | classifications;
|
10 | | (5) the applicant's financial ability to purchase and |
11 | | maintain adequate
liability and casualty insurance;
|
12 | | (6) the applicant's proposed and prior year's |
13 | | promotional and marketing
activities and expenditures of |
14 | | the applicant associated with those activities;
|
15 | | (7) an agreement, if any, among organization licensees |
16 | | as provided in
subsection (b) of Section 21 of this Act; |
17 | | and
|
18 | | (8) the extent to which the applicant exceeds or meets |
19 | | other standards for
the issuance of an organization license |
20 | | that the Board shall adopt by rule.
|
21 | | In granting organization licenses and allocating dates for |
22 | | horse race
meetings, the Board shall have discretion to |
23 | | determine an overall schedule,
including required simulcasts |
24 | | of Illinois races by host tracks that will, in
its judgment, be |
25 | | conducive to the best interests of
the public and the sport of |
26 | | horse racing.
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1 | | (e-10) The Illinois Administrative Procedure Act shall |
2 | | apply to
administrative procedures of the Board under this Act |
3 | | for the granting of an
organization license, except that (1) |
4 | | notwithstanding the provisions of
subsection (b) of Section |
5 | | 10-40 of the Illinois Administrative Procedure Act
regarding |
6 | | cross-examination, the
Board may prescribe rules limiting the |
7 | | right of an applicant or participant in
any proceeding to award |
8 | | an organization license to conduct cross-examination of
|
9 | | witnesses at that proceeding where that cross-examination |
10 | | would unduly obstruct
the timely award of an organization |
11 | | license under subsection (e) of Section 20
of this Act; (2) the |
12 | | provisions of Section 10-45 of the Illinois Administrative
|
13 | | Procedure Act regarding proposals for decision are excluded |
14 | | under this Act; (3)
notwithstanding the provisions of |
15 | | subsection (a) of Section 10-60 of the
Illinois Administrative |
16 | | Procedure Act regarding ex parte communications, the
Board may |
17 | | prescribe rules allowing ex parte communications with |
18 | | applicants or
participants in a proceeding to award an |
19 | | organization license where conducting
those communications |
20 | | would be in the best interest of racing, provided all
those |
21 | | communications are made part of the record of that proceeding |
22 | | pursuant
to subsection (c) of Section 10-60 of the Illinois |
23 | | Administrative
Procedure Act; (4) the provisions of Section 14a |
24 | | of this Act and the rules of
the Board promulgated under that |
25 | | Section shall apply instead of the provisions
of Article 10 of |
26 | | the Illinois Administrative Procedure Act regarding
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1 | | administrative law judges; and (5) the provisions of subsection |
2 | | (d)
of Section 10-65 of the Illinois Administrative Procedure |
3 | | Act that prevent
summary suspension of a license pending |
4 | | revocation or other action shall not
apply.
|
5 | | (f) The Board may allot racing dates to an organization |
6 | | licensee for more
than one calendar year but for no more than 3 |
7 | | successive calendar years in
advance, provided that the Board |
8 | | shall review such allotment for more than
one calendar year |
9 | | prior to each year for which such allotment has been
made. The |
10 | | granting of an organization license to a person constitutes a
|
11 | | privilege to conduct a horse race meeting under the provisions |
12 | | of this Act, and
no person granted an organization license |
13 | | shall be deemed to have a vested
interest, property right, or |
14 | | future expectation to receive an organization
license in any |
15 | | subsequent year as a result of the granting of an organization
|
16 | | license. Organization licenses shall be subject to revocation |
17 | | if the
organization licensee has violated any provision of this |
18 | | Act
or the rules and regulations promulgated under this Act or |
19 | | has been convicted
of a crime or has failed to disclose or has |
20 | | stated falsely any information
called for in the application |
21 | | for an organization license. Any
organization license |
22 | | revocation
proceeding shall be in accordance with Section 16 |
23 | | regarding suspension and
revocation of occupation licenses.
|
24 | | (f-5) If, (i) an applicant does not file an acceptance of |
25 | | the racing dates
awarded by the Board as required under part |
26 | | (1) of subsection (h) of this
Section 20, or (ii) an |
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1 | | organization licensee has its license suspended or
revoked |
2 | | under this Act, the Board, upon conducting an emergency hearing |
3 | | as
provided for in this Act, may reaward on an emergency basis |
4 | | pursuant to
rules established by the Board, racing dates not |
5 | | accepted or the racing
dates
associated with any suspension or |
6 | | revocation period to one or more organization
licensees, new |
7 | | applicants, or any combination thereof, upon terms and
|
8 | | conditions that the Board determines are in the best interest |
9 | | of racing,
provided, the organization licensees or new |
10 | | applicants receiving the awarded
racing dates file an |
11 | | acceptance of those reawarded racing dates as
required under |
12 | | paragraph (1) of subsection (h) of this Section 20 and comply
|
13 | | with the other provisions of this Act. The Illinois |
14 | | Administrative Procedure
Act shall not apply to the |
15 | | administrative procedures of the Board in conducting
the |
16 | | emergency hearing and the reallocation of racing dates on an |
17 | | emergency
basis.
|
18 | | (g) (Blank).
|
19 | | (h) The Board shall send the applicant a copy of its |
20 | | formally
executed order by certified mail addressed to the |
21 | | applicant at the
address stated in his application, which |
22 | | notice shall be mailed within 5 days
of the date the formal |
23 | | order is executed.
|
24 | | Each applicant notified shall, within 10 days after receipt |
25 | | of the
final executed order of the Board awarding
racing dates:
|
26 | | (1) file with the Board an acceptance of such
award in
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1 | | the form
prescribed by the Board;
|
2 | | (2) pay to the Board an additional amount equal to $110 |
3 | | for each
racing date awarded; and
|
4 | | (3) file with the Board the bonds required in Sections |
5 | | 21
and 25 at least
20 days prior to the first day of each |
6 | | race meeting.
|
7 | | Upon compliance with the provisions of paragraphs (1), (2), and |
8 | | (3) of
this subsection (h), the applicant shall be issued an
|
9 | | organization license.
|
10 | | If any applicant fails to comply with this Section or fails
|
11 | | to pay the organization license fees herein provided, no |
12 | | organization
license shall be issued to such applicant.
|
13 | | (Source: P.A. 97-333, eff. 8-12-11.)
|
14 | | (230 ILCS 5/21) (from Ch. 8, par. 37-21)
|
15 | | Sec. 21.
(a) Applications for organization licenses must be |
16 | | filed with
the Board at a time and place prescribed by the |
17 | | rules and regulations of
the Board. The Board shall examine the |
18 | | applications within 21 days
after
the date allowed for filing |
19 | | with respect to their conformity with this Act
and such rules |
20 | | and regulations as may be prescribed by the Board. If any
|
21 | | application does not comply with this Act or the rules and |
22 | | regulations
prescribed by the Board, such application may be |
23 | | rejected and an
organization license refused to the applicant, |
24 | | or the Board may, within 21
days of the receipt of such |
25 | | application, advise the applicant of the
deficiencies of the |
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1 | | application under the Act or the rules and regulations of
the |
2 | | Board,
and require the submittal of an amended application |
3 | | within a reasonable time
determined by the Board; and upon |
4 | | submittal of the amended application by the
applicant, the |
5 | | Board may consider the
application consistent with the process |
6 | | described in subsection (e-5) of
Section 20 of this Act. If it
|
7 | | is found to be in compliance with this Act and the rules and |
8 | | regulations of
the Board, the Board may then issue an |
9 | | organization license to such applicant.
|
10 | | (b) The Board may exercise discretion in granting racing
|
11 | | dates to qualified applicants different from those requested by |
12 | | the
applicants in their
applications. However, if all eligible |
13 | | applicants for organization
licenses whose tracks are located |
14 | | within 100 miles of each other execute
and submit to the Board |
15 | | a written agreement among such applicants as to
the award of |
16 | | racing dates, including where applicable racing
programs, for
|
17 | | up to 3 consecutive years, then subject to annual review of |
18 | | each
applicant's compliance with Board rules and regulations, |
19 | | provisions of this
Act and conditions contained in annual dates |
20 | | orders issued by the Board,
the Board may grant such dates and |
21 | | programs
to such applicants
as so agreed by them if the Board |
22 | | determines that the grant of these racing
dates is in the best
|
23 | | interests of racing. The Board shall treat any such agreement |
24 | | as the
agreement signatories' joint and several application for |
25 | | racing dates
during the term of the agreement.
|
26 | | (c) Where 2 or more applicants propose to conduct horse
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1 | | race meetings within 35 miles of each other, as certified to |
2 | | the Board
under Section 19 (a) (1) of this Act, on conflicting |
3 | | dates, the Board may
determine and grant the number of racing |
4 | | days to be awarded to
the several
applicants in accordance with |
5 | | the provisions of subsection (e-5) of Section
20 of this
Act.
|
6 | | (d) (Blank).
|
7 | | (e) Prior to the issuance of an organization license, the |
8 | | applicant
shall file with the Board a bond payable to the State |
9 | | of Illinois in the
sum of $200,000, executed by the applicant |
10 | | and a surety company or
companies authorized to do business in |
11 | | this State, and conditioned upon the
payment by the |
12 | | organization licensee of all taxes due under Section 27,
other |
13 | | monies due and payable under this Act, all purses due and |
14 | | payable,
and that the organization licensee will upon |
15 | | presentation of the winning
ticket or
tickets distribute all |
16 | | sums due to the patrons of pari-mutuel pools. Beginning on the |
17 | | date when any organization licensee begins conducting |
18 | | electronic gaming pursuant to an electronic gaming license |
19 | | issued under the Illinois Gambling Act, the amount of the bond |
20 | | required under this subsection (e) shall be $500,000.
|
21 | | (f) Each organization license shall specify the person to |
22 | | whom it is
issued, the dates upon which horse racing is |
23 | | permitted, and the location,
place, track, or enclosure where |
24 | | the horse race meeting is to be held.
|
25 | | (g) Any person who owns one or more race tracks
within the |
26 | | State
may seek, in its own name, a separate organization |
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1 | | license
for each race track.
|
2 | | (h) All racing conducted under such organization license is |
3 | | subject to
this Act and to the rules and regulations from time |
4 | | to time prescribed by
the Board, and every such organization |
5 | | license issued by the Board shall
contain a recital to that |
6 | | effect.
|
7 | | (i) Each such organization licensee may provide
that at |
8 | | least one race per day may be devoted to
the racing of quarter |
9 | | horses, appaloosas, arabians, or paints.
|
10 | | (j) In acting on applications for organization licenses, |
11 | | the Board shall
give weight to an organization license which |
12 | | has
implemented a good faith affirmative
action effort to |
13 | | recruit, train and upgrade minorities in all classifications
|
14 | | within the organization license.
|
15 | | (Source: P.A. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
|
16 | | (230 ILCS 5/24) (from Ch. 8, par. 37-24)
|
17 | | Sec. 24.
(a) No license shall be issued to or held by an |
18 | | organization
licensee unless all of its officers, directors, |
19 | | and holders of ownership
interests of at least 5% are first |
20 | | approved by the Board. The Board shall not
give approval of an |
21 | | organization license application to any person who has been
|
22 | | convicted of or is under an indictment for a crime of moral |
23 | | turpitude or has
violated any provision of the racing law of |
24 | | this State or any rules of the
Board.
|
25 | | (b) An organization licensee must notify the Board within |
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1 | | 10 days of any
change in the holders of a direct or indirect |
2 | | interest in the ownership of the
organization licensee. The |
3 | | Board may, after hearing, revoke the organization
license of |
4 | | any
person who registers on its books or knowingly permits a |
5 | | direct or indirect
interest in the ownership of that person |
6 | | without notifying the Board of the
name of the holder in |
7 | | interest within this period.
|
8 | | (c) In addition to the provisions of subsection
(a) of this |
9 | | Section, no person shall be granted an
organization
license if
|
10 | | any public official of the State or member of his
or her family |
11 | | holds any ownership or financial interest, directly or
|
12 | | indirectly, in the person.
|
13 | | (d) No person which has been granted an organization
|
14 | | license
to hold a race meeting shall give to any public |
15 | | official or member of his
family, directly or indirectly, for |
16 | | or without consideration, any interest in the person. The Board |
17 | | shall, after hearing, revoke
the organization license granted |
18 | | to a person which has
violated this subsection.
|
19 | | (e) (Blank).
|
20 | | (f) No organization licensee or concessionaire or officer, |
21 | | director or
holder or controller of
5% or more legal or |
22 | | beneficial interest in any organization licensee or
concession
|
23 | | shall make any sort of
gift or contribution that is prohibited |
24 | | under Article 10 of the State Officials and Employees Ethics |
25 | | Act of any kind or pay or give any money or other thing
of value |
26 | | to any
person who is a public official, or a candidate or |
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1 | | nominee for public office if that payment or gift is prohibited |
2 | | under Article 10 of the State Officials and Employees Ethics |
3 | | Act .
|
4 | | (Source: P.A. 89-16, eff. 5-30-95.)
|
5 | | (230 ILCS 5/25) (from Ch. 8, par. 37-25)
|
6 | | Sec. 25. Admission charge; bond; fine. |
7 | | (a) There shall be paid to the Board at such time or times |
8 | | as
it shall prescribe, the sum of fifteen cents (15˘) for each |
9 | | person entering
the grounds or enclosure of each organization |
10 | | licensee and
inter-track wagering licensee upon a ticket of |
11 | | admission except as provided
in subsection (g) of Section 27 of |
12 | | this Act. If
tickets are issued for more than one day then the |
13 | | sum of fifteen cents
(15˘) shall be paid for each person using |
14 | | such ticket on each day that the
same shall be used. Provided, |
15 | | however, that no charge shall be made on
tickets of admission |
16 | | issued to and in the name of directors, officers,
agents or |
17 | | employees of the organization licensee, or inter-track |
18 | | wagering
licensee, or to owners, trainers, jockeys,
drivers and |
19 | | their employees or to any person or persons entering the
|
20 | | grounds or enclosure for the transaction of business in |
21 | | connection with such
race meeting. The organization licensee or |
22 | | inter-track wagering licensee
may, if it desires, collect such |
23 | | amount from
each ticket holder in addition to the amount or |
24 | | amounts charged for such
ticket of admission. Beginning on the |
25 | | date when any organization licensee begins conducting |
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1 | | electronic gaming pursuant to an electronic gaming license |
2 | | issued under the Illinois Gambling Act, the admission charge |
3 | | imposed by this subsection (a) shall be 40 cents for each |
4 | | person entering the grounds or enclosure of each organization |
5 | | licensee and inter-track wagering licensee upon a ticket of |
6 | | admission, and if such tickets are issued for more than one |
7 | | day, 40 cents shall be paid for each person using such ticket |
8 | | on each day that the same shall be used.
|
9 | | (b) Accurate records and books shall at all times be kept |
10 | | and maintained by
the organization licensees and inter-track |
11 | | wagering licensees
showing the admission tickets issued and |
12 | | used on each racing
day and the attendance thereat of each |
13 | | horse racing meeting. The Board or
its duly authorized |
14 | | representative or representatives shall at all
reasonable |
15 | | times have access to the admission records of any organization
|
16 | | licensee and inter-track wagering licensee for
the purpose of |
17 | | examining and checking the same and ascertaining whether or
not |
18 | | the proper amount has been or is being paid the State of |
19 | | Illinois as
herein provided. The Board shall also require, |
20 | | before issuing any license,
that the licensee shall execute and |
21 | | deliver to it a bond, payable to the
State of Illinois, in such |
22 | | sum as it shall determine, not, however, in
excess of fifty |
23 | | thousand dollars ($50,000), with a surety or sureties to be
|
24 | | approved by it, conditioned for the payment of all sums due and |
25 | | payable or
collected by it under this Section upon admission |
26 | | fees received for any
particular racing meetings. The Board may |
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1 | | also from time to time require sworn
statements of the number |
2 | | or numbers of such admissions and may prescribe blanks
upon |
3 | | which such reports shall be made. Any organization licensee or
|
4 | | inter-track wagering licensee failing or
refusing to pay the |
5 | | amount found to be due as herein provided, shall be
deemed |
6 | | guilty of a business offense and upon conviction shall be |
7 | | punished by a
fine of not more than five thousand dollars |
8 | | ($5,000) in addition to the amount
due from such organization |
9 | | licensee or inter-track wagering licensee as
herein provided. |
10 | | All fines paid into court by an organization
licensee or |
11 | | inter-track wagering licensee found guilty of violating this
|
12 | | Section shall be transmitted and paid
over by the clerk of the |
13 | | court to the Board. Beginning on the date when any organization |
14 | | licensee begins conducting electronic gaming pursuant to an |
15 | | electronic gaming license issued under the Illinois Gambling |
16 | | Act, any fine imposed pursuant to this subsection (b) shall not |
17 | | exceed $10,000.
|
18 | | (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
|
19 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
|
20 | | Sec. 26. Wagering.
|
21 | | (a) Any licensee may conduct and supervise the pari-mutuel |
22 | | system of
wagering, as defined in Section 3.12 of this Act, on |
23 | | horse races conducted by
an Illinois organization
licensee or |
24 | | conducted at a racetrack located in another state or country |
25 | | and
televised in Illinois in accordance with subsection (g) of |
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1 | | Section 26 of this
Act. Subject to the prior consent of the |
2 | | Board, licensees may supplement any
pari-mutuel pool in order |
3 | | to guarantee a minimum distribution. Such
pari-mutuel method of |
4 | | wagering shall not,
under any circumstances if conducted under |
5 | | the provisions of this Act,
be held or construed to be |
6 | | unlawful, other statutes of this State to the
contrary |
7 | | notwithstanding.
Subject to rules for advance wagering |
8 | | promulgated by the Board, any
licensee
may accept wagers in |
9 | | advance of the day of
the race wagered upon occurs.
|
10 | | (b) Except for those gaming activities for which a license |
11 | | is obtained and authorized under the Illinois Lottery Law, the |
12 | | Charitable Games Act, the Raffles and Poker Runs Act, or the |
13 | | Illinois Gambling Act, no No other method of betting, pool |
14 | | making, wagering or
gambling shall be used or permitted by the |
15 | | licensee. Each licensee
may retain, subject to the payment of |
16 | | all applicable
taxes and purses, an amount not to exceed 17% of |
17 | | all money wagered
under subsection (a) of this Section, except |
18 | | as may otherwise be permitted
under this Act.
|
19 | | (b-5) An individual may place a wager under the pari-mutuel |
20 | | system from
any licensed location authorized under this Act |
21 | | provided that wager is
electronically recorded in the manner |
22 | | described in Section 3.12 of this Act.
Any wager made |
23 | | electronically by an individual while physically on the |
24 | | premises
of a licensee shall be deemed to have been made at the |
25 | | premises of that
licensee.
|
26 | | (c) Until January 1, 2000, the sum held by any licensee for |
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1 | | payment of
outstanding pari-mutuel tickets, if unclaimed prior |
2 | | to December 31 of the
next year, shall be retained by the |
3 | | licensee for payment of
such tickets until that date. Within 10 |
4 | | days thereafter, the balance of
such sum remaining unclaimed, |
5 | | less any uncashed supplements contributed by such
licensee for |
6 | | the purpose of guaranteeing minimum distributions
of any |
7 | | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
|
8 | | Rehabilitation Fund of the State treasury, except as provided |
9 | | in subsection
(g) of Section 27 of this Act.
|
10 | | (c-5) Beginning January 1, 2000, the sum held by any |
11 | | licensee for payment
of
outstanding pari-mutuel tickets, if |
12 | | unclaimed prior to December 31 of the
next year, shall be |
13 | | retained by the licensee for payment of
such tickets until that |
14 | | date. Within 10 days thereafter, the balance of
such sum |
15 | | remaining unclaimed, less any uncashed supplements contributed |
16 | | by such
licensee for the purpose of guaranteeing minimum |
17 | | distributions
of any pari-mutuel pool, shall be evenly |
18 | | distributed to the purse account of
the organization licensee |
19 | | and the organization licensee.
|
20 | | (d) A pari-mutuel ticket shall be honored until December 31 |
21 | | of the
next calendar year, and the licensee shall pay the same |
22 | | and may
charge the amount thereof against unpaid money |
23 | | similarly accumulated on account
of pari-mutuel tickets not |
24 | | presented for payment.
|
25 | | (e) No licensee shall knowingly permit any minor, other
|
26 | | than an employee of such licensee or an owner, trainer,
jockey, |
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1 | | driver, or employee thereof, to be admitted during a racing
|
2 | | program unless accompanied by a parent or guardian, or any |
3 | | minor to be a
patron of the pari-mutuel system of wagering |
4 | | conducted or
supervised by it. The admission of any |
5 | | unaccompanied minor, other than
an employee of the licensee or |
6 | | an owner, trainer, jockey,
driver, or employee thereof at a |
7 | | race track is a Class C
misdemeanor.
|
8 | | (f) Notwithstanding the other provisions of this Act, an
|
9 | | organization licensee may contract
with an entity in another |
10 | | state or country to permit any legal
wagering entity in another |
11 | | state or country to accept wagers solely within
such other |
12 | | state or country on races conducted by the organization |
13 | | licensee
in this State.
Beginning January 1, 2000, these wagers
|
14 | | shall not be subject to State
taxation. Until January 1, 2000,
|
15 | | when the out-of-State entity conducts a pari-mutuel pool
|
16 | | separate from the organization licensee, a privilege tax equal |
17 | | to 7 1/2% of
all monies received by the organization licensee |
18 | | from entities in other states
or countries pursuant to such |
19 | | contracts is imposed on the organization
licensee, and such |
20 | | privilege tax shall be remitted to the
Department of Revenue
|
21 | | within 48 hours of receipt of the moneys from the simulcast. |
22 | | When the
out-of-State entity conducts a
combined pari-mutuel |
23 | | pool with the organization licensee, the tax shall be 10%
of |
24 | | all monies received by the organization licensee with 25% of |
25 | | the
receipts from this 10% tax to be distributed to the county
|
26 | | in which the race was conducted.
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1 | | An organization licensee may permit one or more of its |
2 | | races to be
utilized for
pari-mutuel wagering at one or more |
3 | | locations in other states and may
transmit audio and visual |
4 | | signals of races the organization licensee
conducts to one or
|
5 | | more locations outside the State or country and may also permit |
6 | | pari-mutuel
pools in other states or countries to be combined |
7 | | with its gross or net
wagering pools or with wagering pools |
8 | | established by other states.
|
9 | | (g) A host track may accept interstate simulcast wagers on
|
10 | | horse
races conducted in other states or countries and shall |
11 | | control the
number of signals and types of breeds of racing in |
12 | | its simulcast program,
subject to the disapproval of the Board. |
13 | | The Board may prohibit a simulcast
program only if it finds |
14 | | that the simulcast program is clearly
adverse to the integrity |
15 | | of racing. The host track
simulcast program shall
include the |
16 | | signal of live racing of all organization licensees.
All |
17 | | non-host licensees and advance deposit wagering licensees |
18 | | shall carry the signal of and accept wagers on live racing of |
19 | | all organization licensees. Advance deposit wagering licensees |
20 | | shall not be permitted to accept out-of-state wagers on any |
21 | | Illinois signal provided pursuant to this Section without the |
22 | | approval and consent of the organization licensee providing the |
23 | | signal. For one year after August 15, 2014 (the effective date |
24 | | of Public Act 98-968), non-host licensees may carry the host |
25 | | track simulcast program and
shall accept wagers on all races |
26 | | included as part of the simulcast
program of horse races |
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1 | | conducted at race tracks located within North America upon |
2 | | which wagering is permitted. For a period of one year after |
3 | | August 15, 2014 (the effective date of Public Act 98-968), on |
4 | | horse races conducted at race tracks located outside of North |
5 | | America, non-host licensees may accept wagers on all races |
6 | | included as part of the simulcast program upon which wagering |
7 | | is permitted. Beginning August 15, 2015 (one year after the |
8 | | effective date of Public Act 98-968), non-host licensees may |
9 | | carry the host track simulcast program and shall accept wagers |
10 | | on all races included as part of the simulcast program upon |
11 | | which wagering is permitted.
All organization licensees shall |
12 | | provide their live signal to all advance deposit wagering |
13 | | licensees for a simulcast commission fee not to exceed 6% of |
14 | | the advance deposit wagering licensee's Illinois handle on the |
15 | | organization licensee's signal without prior approval by the |
16 | | Board. The Board may adopt rules under which it may permit |
17 | | simulcast commission fees in excess of 6%. The Board shall |
18 | | adopt rules limiting the interstate commission fees charged to |
19 | | an advance deposit wagering licensee. The Board shall adopt |
20 | | rules regarding advance deposit wagering on interstate |
21 | | simulcast races that shall reflect, among other things, the |
22 | | General Assembly's desire to maximize revenues to the State, |
23 | | horsemen purses, and organizational licensees. However, |
24 | | organization licensees providing live signals pursuant to the |
25 | | requirements of this subsection (g) may petition the Board to |
26 | | withhold their live signals from an advance deposit wagering |
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1 | | licensee if the organization licensee discovers and the Board |
2 | | finds reputable or credible information that the advance |
3 | | deposit wagering licensee is under investigation by another |
4 | | state or federal governmental agency, the advance deposit |
5 | | wagering licensee's license has been suspended in another |
6 | | state, or the advance deposit wagering licensee's license is in |
7 | | revocation proceedings in another state. The organization |
8 | | licensee's provision of their live signal to an advance deposit |
9 | | wagering licensee under this subsection (g) pertains to wagers |
10 | | placed from within Illinois. Advance deposit wagering |
11 | | licensees may place advance deposit wagering terminals at |
12 | | wagering facilities as a convenience to customers. The advance |
13 | | deposit wagering licensee shall not charge or collect any fee |
14 | | from purses for the placement of the advance deposit wagering |
15 | | terminals. The costs and expenses
of the host track and |
16 | | non-host licensees associated
with interstate simulcast
|
17 | | wagering, other than the interstate
commission fee, shall be |
18 | | borne by the host track and all
non-host licensees
incurring |
19 | | these costs.
The interstate commission fee shall not exceed 5% |
20 | | of Illinois handle on the
interstate simulcast race or races |
21 | | without prior approval of the Board. The
Board shall promulgate |
22 | | rules under which it may permit
interstate commission
fees in |
23 | | excess of 5%. The interstate commission
fee and other fees |
24 | | charged by the sending racetrack, including, but not
limited |
25 | | to, satellite decoder fees, shall be uniformly applied
to the |
26 | | host track and all non-host licensees.
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1 | | Notwithstanding any other provision of this Act, through |
2 | | December 31, 2018, an organization licensee, with the consent |
3 | | of the horsemen association representing the largest number of |
4 | | owners, trainers, jockeys, or standardbred drivers who race |
5 | | horses at that organization licensee's racing meeting, may |
6 | | maintain a system whereby advance deposit wagering may take |
7 | | place or an organization licensee, with the consent of the |
8 | | horsemen association representing the largest number of |
9 | | owners, trainers, jockeys, or standardbred drivers who race |
10 | | horses at that organization licensee's racing meeting, may |
11 | | contract with another person to carry out a system of advance |
12 | | deposit wagering. Such consent may not be unreasonably |
13 | | withheld. Only with respect to an appeal to the Board that |
14 | | consent for an organization licensee that maintains its own |
15 | | advance deposit wagering system is being unreasonably |
16 | | withheld, the Board shall issue a final order within 30 days |
17 | | after initiation of the appeal, and the organization licensee's |
18 | | advance deposit wagering system may remain operational during |
19 | | that 30-day period. The actions of any organization licensee |
20 | | who conducts advance deposit wagering or any person who has a |
21 | | contract with an organization licensee to conduct advance |
22 | | deposit wagering who conducts advance deposit wagering on or |
23 | | after January 1, 2013 and prior to June 7, 2013 (the effective |
24 | | date of Public Act 98-18) taken in reliance on the changes made |
25 | | to this subsection (g) by Public Act 98-18 are hereby |
26 | | validated, provided payment of all applicable pari-mutuel |
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1 | | taxes are remitted to the Board. All advance deposit wagers |
2 | | placed from within Illinois must be placed through a |
3 | | Board-approved advance deposit wagering licensee; no other |
4 | | entity may accept an advance deposit wager from a person within |
5 | | Illinois. All advance deposit wagering is subject to any rules |
6 | | adopted by the Board. The Board may adopt rules necessary to |
7 | | regulate advance deposit wagering through the use of emergency |
8 | | rulemaking in accordance with Section 5-45 of the Illinois |
9 | | Administrative Procedure Act. The General Assembly finds that |
10 | | the adoption of rules to regulate advance deposit wagering is |
11 | | deemed an emergency and necessary for the public interest, |
12 | | safety, and welfare. An advance deposit wagering licensee may |
13 | | retain all moneys as agreed to by contract with an organization |
14 | | licensee. Any moneys retained by the organization licensee from |
15 | | advance deposit wagering, not including moneys retained by the |
16 | | advance deposit wagering licensee, shall be paid 50% to the |
17 | | organization licensee's purse account and 50% to the |
18 | | organization licensee. With the exception of any organization |
19 | | licensee that is owned by a publicly traded company that is |
20 | | incorporated in a state other than Illinois and advance deposit |
21 | | wagering licensees under contract with such organization |
22 | | licensees, organization licensees that maintain advance |
23 | | deposit wagering systems and advance deposit wagering |
24 | | licensees that contract with organization licensees shall |
25 | | provide sufficiently detailed monthly accountings to the |
26 | | horsemen association representing the largest number of |
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1 | | owners, trainers, jockeys, or standardbred drivers who race |
2 | | horses at that organization licensee's racing meeting so that |
3 | | the horsemen association, as an interested party, can confirm |
4 | | the accuracy of the amounts paid to the purse account at the |
5 | | horsemen association's affiliated organization licensee from |
6 | | advance deposit wagering. If more than one breed races at the |
7 | | same race track facility, then the 50% of the moneys to be paid |
8 | | to an organization licensee's purse account shall be allocated |
9 | | among all organization licensees' purse accounts operating at |
10 | | that race track facility proportionately based on the actual |
11 | | number of host days that the Board grants to that breed at that |
12 | | race track facility in the current calendar year. To the extent |
13 | | any fees from advance deposit wagering conducted in Illinois |
14 | | for wagers in Illinois or other states have been placed in |
15 | | escrow or otherwise withheld from wagers pending a |
16 | | determination of the legality of advance deposit wagering, no |
17 | | action shall be brought to declare such wagers or the |
18 | | disbursement of any fees previously escrowed illegal. |
19 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
|
20 | | inter-track wagering
licensee other than the host track may |
21 | | supplement the host track simulcast
program with |
22 | | additional simulcast races or race programs, provided that |
23 | | between
January 1 and the third Friday in February of any |
24 | | year, inclusive, if no live
thoroughbred racing is |
25 | | occurring in Illinois during this period, only
|
26 | | thoroughbred races may be used
for supplemental interstate |
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1 | | simulcast purposes. The Board shall withhold
approval for a |
2 | | supplemental interstate simulcast only if it finds that the
|
3 | | simulcast is clearly adverse to the integrity of racing. A |
4 | | supplemental
interstate simulcast may be transmitted from |
5 | | an inter-track wagering licensee to
its affiliated |
6 | | non-host licensees. The interstate commission fee for a
|
7 | | supplemental interstate simulcast shall be paid by the |
8 | | non-host licensee and
its affiliated non-host licensees |
9 | | receiving the simulcast.
|
10 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
|
11 | | inter-track wagering
licensee other than the host track may |
12 | | receive supplemental interstate
simulcasts only with the |
13 | | consent of the host track, except when the Board
finds that |
14 | | the simulcast is
clearly adverse to the integrity of |
15 | | racing. Consent granted under this
paragraph (2) to any |
16 | | inter-track wagering licensee shall be deemed consent to
|
17 | | all non-host licensees. The interstate commission fee for |
18 | | the supplemental
interstate simulcast shall be paid
by all |
19 | | participating non-host licensees.
|
20 | | (3) Each licensee conducting interstate simulcast |
21 | | wagering may retain,
subject to the payment of all |
22 | | applicable taxes and the purses, an amount not to
exceed |
23 | | 17% of all money wagered. If any licensee conducts the |
24 | | pari-mutuel
system wagering on races conducted at |
25 | | racetracks in another state or country,
each such race or |
26 | | race program shall be considered a separate racing day for
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1 | | the purpose of determining the daily handle and computing |
2 | | the privilege tax of
that daily handle as provided in |
3 | | subsection (a) of Section 27.
Until January 1, 2000,
from |
4 | | the sums permitted to be retained pursuant to this |
5 | | subsection, each
inter-track wagering location licensee |
6 | | shall pay 1% of the pari-mutuel handle
wagered on simulcast |
7 | | wagering to the Horse Racing Tax Allocation Fund, subject
|
8 | | to the provisions of subparagraph (B) of paragraph (11) of |
9 | | subsection (h) of
Section 26 of this Act.
|
10 | | (4) A licensee who receives an interstate simulcast may |
11 | | combine its gross
or net pools with pools at the sending |
12 | | racetracks pursuant to rules established
by the Board. All |
13 | | licensees combining their gross pools
at a
sending |
14 | | racetrack shall adopt the take-out percentages of the |
15 | | sending
racetrack.
A licensee may also establish a separate |
16 | | pool and takeout structure for
wagering purposes on races |
17 | | conducted at race tracks outside of the
State of Illinois. |
18 | | The licensee may permit pari-mutuel wagers placed in other
|
19 | | states or
countries to be combined with its gross or net |
20 | | wagering pools or other
wagering pools.
|
21 | | (5) After the payment of the interstate commission fee |
22 | | (except for the
interstate commission
fee on a supplemental |
23 | | interstate simulcast, which shall be paid by the host
track |
24 | | and by each non-host licensee through the host-track) and |
25 | | all applicable
State and local
taxes, except as provided in |
26 | | subsection (g) of Section 27 of this Act, the
remainder of |
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1 | | moneys retained from simulcast wagering pursuant to this
|
2 | | subsection (g), and Section 26.2 shall be divided as |
3 | | follows:
|
4 | | (A) For interstate simulcast wagers made at a host |
5 | | track, 50% to the
host
track and 50% to purses at the |
6 | | host track.
|
7 | | (B) For wagers placed on interstate simulcast |
8 | | races, supplemental
simulcasts as defined in |
9 | | subparagraphs (1) and (2), and separately pooled races
|
10 | | conducted outside of the State of Illinois made at a |
11 | | non-host
licensee, 25% to the host
track, 25% to the |
12 | | non-host licensee, and 50% to the purses at the host |
13 | | track.
|
14 | | (6) Notwithstanding any provision in this Act to the |
15 | | contrary, non-host
licensees
who derive their licenses |
16 | | from a track located in a county with a population in
|
17 | | excess of 230,000 and that borders the Mississippi River |
18 | | may receive
supplemental interstate simulcast races at all |
19 | | times subject to Board approval,
which shall be withheld |
20 | | only upon a finding that a supplemental interstate
|
21 | | simulcast is clearly adverse to the integrity of racing.
|
22 | | (7) Notwithstanding any provision of this Act to the |
23 | | contrary, after
payment of all applicable State and local |
24 | | taxes and interstate commission fees,
non-host licensees |
25 | | who derive their licenses from a track located in a county
|
26 | | with a population in excess of 230,000 and that borders the |
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1 | | Mississippi River
shall retain 50% of the retention from |
2 | | interstate simulcast wagers and shall
pay 50% to purses at |
3 | | the track from which the non-host licensee derives its
|
4 | | license as follows:
|
5 | | (A) Between January 1 and the third Friday in |
6 | | February, inclusive, if no
live thoroughbred racing is |
7 | | occurring in Illinois during this period, when the
|
8 | | interstate simulcast is a standardbred race, the purse |
9 | | share to its
standardbred purse account;
|
10 | | (B) Between January 1 and the third Friday in |
11 | | February, inclusive, if no
live thoroughbred racing is |
12 | | occurring in Illinois during this period, and the
|
13 | | interstate simulcast is a thoroughbred race, the purse |
14 | | share to its interstate
simulcast purse pool to be |
15 | | distributed under paragraph (10) of this subsection
|
16 | | (g);
|
17 | | (C) Between January 1 and the third Friday in |
18 | | February, inclusive, if
live thoroughbred racing is |
19 | | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. |
20 | | the purse share from wagers made during this time |
21 | | period to its
thoroughbred purse account and between |
22 | | 6:30 p.m. and 6:30 a.m. the purse share
from wagers |
23 | | made during this time period to its standardbred purse |
24 | | accounts;
|
25 | | (D) Between the third Saturday in February and |
26 | | December 31, when the
interstate simulcast occurs |
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1 | | between the hours of 6:30 a.m. and 6:30 p.m., the
purse |
2 | | share to its thoroughbred purse account;
|
3 | | (E) Between the third Saturday in February and |
4 | | December 31, when the
interstate simulcast occurs |
5 | | between the hours of 6:30 p.m. and 6:30 a.m., the
purse |
6 | | share to its standardbred purse account.
|
7 | | (7.1) Notwithstanding any other provision of this Act |
8 | | to the contrary,
if
no
standardbred racing is conducted at |
9 | | a racetrack located in Madison County
during any
calendar |
10 | | year beginning on or after January 1, 2002, all
moneys |
11 | | derived by
that racetrack from simulcast wagering and |
12 | | inter-track wagering that (1) are to
be used
for purses and |
13 | | (2) are generated between the hours of 6:30 p.m. and 6:30 |
14 | | a.m.
during that
calendar year shall
be paid as follows:
|
15 | | (A) If the licensee that conducts horse racing at |
16 | | that racetrack
requests from the Board at least as many |
17 | | racing dates as were conducted in
calendar year 2000, |
18 | | 80% shall be paid to its thoroughbred purse account; |
19 | | and
|
20 | | (B) Twenty percent shall be deposited into the |
21 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall |
22 | | be paid to purses for standardbred races for Illinois |
23 | | conceived
and foaled horses conducted at any county |
24 | | fairgrounds.
The moneys deposited into the Fund |
25 | | pursuant to this subparagraph (B) shall be
deposited
|
26 | | within 2
weeks after the day they were generated, shall |
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1 | | be in addition to and not in
lieu of any other
moneys |
2 | | paid to standardbred purses under this Act, and shall |
3 | | not be commingled
with other moneys paid into that |
4 | | Fund. The moneys deposited
pursuant to this |
5 | | subparagraph (B) shall be allocated as provided by the
|
6 | | Department of Agriculture, with the advice and |
7 | | assistance of the Illinois
Standardbred
Breeders Fund |
8 | | Advisory Board.
|
9 | | (7.2) Notwithstanding any other provision of this Act |
10 | | to the contrary, if
no
thoroughbred racing is conducted at |
11 | | a racetrack located in Madison County
during any
calendar |
12 | | year beginning on or after January 1,
2002, all
moneys |
13 | | derived by
that racetrack from simulcast wagering and |
14 | | inter-track wagering that (1) are to
be used
for purses and |
15 | | (2) are generated between the hours of 6:30 a.m. and 6:30 |
16 | | p.m.
during that
calendar year shall
be deposited as |
17 | | follows:
|
18 | | (A) If the licensee that conducts horse racing at |
19 | | that racetrack
requests from the
Board at least
as many |
20 | | racing dates as were conducted in calendar year 2000, |
21 | | 80%
shall be deposited into its standardbred purse
|
22 | | account; and
|
23 | | (B) Twenty percent shall be deposited into the |
24 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys |
25 | | deposited into the Illinois Colt Stakes Purse
|
26 | | Distribution Fund
pursuant to this subparagraph (B) |
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1 | | shall be paid to Illinois
conceived and foaled |
2 | | thoroughbred breeders' programs
and to thoroughbred |
3 | | purses for races conducted at any county fairgrounds |
4 | | for
Illinois conceived
and foaled horses at the |
5 | | discretion of the
Department of Agriculture, with the |
6 | | advice and assistance of
the Illinois Thoroughbred |
7 | | Breeders Fund Advisory
Board. The moneys deposited |
8 | | into the Illinois Colt Stakes Purse Distribution
Fund
|
9 | | pursuant to this subparagraph (B) shall be deposited |
10 | | within 2 weeks
after the day they were generated, shall |
11 | | be in addition to and not in
lieu of any other moneys |
12 | | paid to thoroughbred purses
under this Act, and shall |
13 | | not be commingled with other moneys deposited into
that |
14 | | Fund.
|
15 | | (7.3) If no live standardbred racing is conducted at a |
16 | | racetrack located
in
Madison
County in calendar year 2000 |
17 | | or 2001,
an organization licensee who is licensed
to |
18 | | conduct horse racing at that racetrack shall, before |
19 | | January 1, 2002, pay
all
moneys derived from simulcast |
20 | | wagering and inter-track wagering in calendar
years 2000 |
21 | | and 2001 and
paid into the licensee's standardbred purse |
22 | | account as follows:
|
23 | | (A) Eighty percent to that licensee's thoroughbred |
24 | | purse account to
be used for thoroughbred purses; and
|
25 | | (B) Twenty percent to the Illinois Colt Stakes |
26 | | Purse Distribution
Fund.
|
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1 | | Failure to make the payment to the Illinois Colt Stakes |
2 | | Purse Distribution
Fund before January 1, 2002
shall
result |
3 | | in the immediate revocation of the licensee's organization
|
4 | | license, inter-track wagering license, and inter-track |
5 | | wagering location
license.
|
6 | | Moneys paid into the Illinois
Colt Stakes Purse |
7 | | Distribution Fund pursuant to this
paragraph (7.3) shall be |
8 | | paid to purses for standardbred
races for Illinois |
9 | | conceived and foaled horses conducted
at any county
|
10 | | fairgrounds.
Moneys paid into the Illinois
Colt Stakes |
11 | | Purse Distribution Fund pursuant to this
paragraph (7.3) |
12 | | shall be used as determined by the
Department of |
13 | | Agriculture, with the advice and assistance of the
Illinois |
14 | | Standardbred Breeders Fund Advisory Board, shall be in |
15 | | addition to
and not in lieu of any other moneys paid to |
16 | | standardbred purses under this Act,
and shall not be |
17 | | commingled
with any other moneys paid into that Fund.
|
18 | | (7.4) If live standardbred racing is conducted at a |
19 | | racetrack located in
Madison
County at any time in calendar |
20 | | year 2001 before the payment required
under
paragraph (7.3) |
21 | | has been made, the organization licensee who is licensed to
|
22 | | conduct
racing at that racetrack shall pay all moneys |
23 | | derived by that racetrack from
simulcast
wagering and |
24 | | inter-track wagering during calendar years 2000 and 2001 |
25 | | that (1)
are to be
used for purses and (2) are generated |
26 | | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or |
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1 | | 2001 to the standardbred purse account at that
racetrack to
|
2 | | be used for standardbred purses.
|
3 | | (8) Notwithstanding any provision in this Act to the |
4 | | contrary, an
organization licensee from a track located in |
5 | | a county with a population in
excess of 230,000 and that |
6 | | borders the Mississippi River and its affiliated
non-host |
7 | | licensees shall not be entitled to share in any retention |
8 | | generated on
racing, inter-track wagering, or simulcast |
9 | | wagering at any other Illinois
wagering facility.
|
10 | | (8.1) Notwithstanding any provisions in this Act to the |
11 | | contrary, if 2
organization licensees
are conducting |
12 | | standardbred race meetings concurrently
between the hours |
13 | | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
|
14 | | State and local taxes and interstate commission fees, the |
15 | | remainder of the
amount retained from simulcast wagering |
16 | | otherwise attributable to the host
track and to host track |
17 | | purses shall be split daily between the 2
organization |
18 | | licensees and the purses at the tracks of the 2 |
19 | | organization
licensees, respectively, based on each |
20 | | organization licensee's share
of the total live handle for |
21 | | that day,
provided that this provision shall not apply to |
22 | | any non-host licensee that
derives its license from a track |
23 | | located in a county with a population in
excess of 230,000 |
24 | | and that borders the Mississippi River.
|
25 | | (9) (Blank).
|
26 | | (10) (Blank).
|
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1 | | (11) (Blank).
|
2 | | (12) The Board shall have authority to compel all host |
3 | | tracks to receive
the simulcast of any or all races |
4 | | conducted at the Springfield or DuQuoin State
fairgrounds |
5 | | and include all such races as part of their simulcast |
6 | | programs.
|
7 | | (13) Notwithstanding any other provision of this Act, |
8 | | in the event that
the total Illinois pari-mutuel handle on |
9 | | Illinois horse races at all wagering
facilities in any |
10 | | calendar year is less than 75% of the total Illinois
|
11 | | pari-mutuel handle on Illinois horse races at all such |
12 | | wagering facilities for
calendar year 1994, then each |
13 | | wagering facility that has an annual total
Illinois |
14 | | pari-mutuel handle on Illinois horse races that is less |
15 | | than 75% of
the total Illinois pari-mutuel handle on |
16 | | Illinois horse races at such wagering
facility for calendar |
17 | | year 1994, shall be permitted to receive, from any amount
|
18 | | otherwise
payable to the purse account at the race track |
19 | | with which the wagering facility
is affiliated in the |
20 | | succeeding calendar year, an amount equal to 2% of the
|
21 | | differential in total Illinois pari-mutuel handle on |
22 | | Illinois horse
races at the wagering facility between that |
23 | | calendar year in question and 1994
provided, however, that |
24 | | a
wagering facility shall not be entitled to any such |
25 | | payment until the Board
certifies in writing to the |
26 | | wagering facility the amount to which the wagering
facility |
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1 | | is entitled
and a schedule for payment of the amount to the |
2 | | wagering facility, based on:
(i) the racing dates awarded |
3 | | to the race track affiliated with the wagering
facility |
4 | | during the succeeding year; (ii) the sums available or |
5 | | anticipated to
be available in the purse account of the |
6 | | race track affiliated with the
wagering facility for purses |
7 | | during the succeeding year; and (iii) the need to
ensure |
8 | | reasonable purse levels during the payment period.
The |
9 | | Board's certification
shall be provided no later than |
10 | | January 31 of the succeeding year.
In the event a wagering |
11 | | facility entitled to a payment under this paragraph
(13) is |
12 | | affiliated with a race track that maintains purse accounts |
13 | | for both
standardbred and thoroughbred racing, the amount |
14 | | to be paid to the wagering
facility shall be divided |
15 | | between each purse account pro rata, based on the
amount of |
16 | | Illinois handle on Illinois standardbred and thoroughbred |
17 | | racing
respectively at the wagering facility during the |
18 | | previous calendar year.
Annually, the General Assembly |
19 | | shall appropriate sufficient funds from the
General |
20 | | Revenue Fund to the Department of Agriculture for payment |
21 | | into the
thoroughbred and standardbred horse racing purse |
22 | | accounts at
Illinois pari-mutuel tracks. The amount paid to |
23 | | each purse account shall be
the amount certified by the |
24 | | Illinois Racing Board in January to be
transferred from |
25 | | each account to each eligible racing facility in
accordance |
26 | | with the provisions of this Section. Beginning in the |
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1 | | calendar year in which an organization licensee that is |
2 | | eligible to receive payment under this paragraph (13) |
3 | | begins to receive funds from electronic gaming, the amount |
4 | | of the payment due to all wagering facilities licensed |
5 | | under that organization licensee under this paragraph (13) |
6 | | shall be the amount certified by the Board in January of |
7 | | that year. An organization licensee and its related |
8 | | wagering facilities shall no longer be able to receive |
9 | | payments under this paragraph (13) beginning in the year |
10 | | subsequent to the first year in which the organization |
11 | | licensee begins to receive funds from electronic gaming.
|
12 | | (h) The Board may approve and license the conduct of |
13 | | inter-track wagering
and simulcast wagering by inter-track |
14 | | wagering licensees and inter-track
wagering location licensees |
15 | | subject to the following terms and conditions:
|
16 | | (1) Any person licensed to conduct a race meeting (i) |
17 | | at a track where
60 or more days of racing were conducted |
18 | | during the immediately preceding
calendar year or where |
19 | | over the 5 immediately preceding calendar years an
average |
20 | | of 30 or more days of racing were conducted annually may be |
21 | | issued an
inter-track wagering license; (ii) at a track
|
22 | | located in a county that is bounded by the Mississippi |
23 | | River, which has a
population of less than 150,000 |
24 | | according to the 1990 decennial census, and an
average of |
25 | | at least 60 days of racing per year between 1985 and 1993 |
26 | | may be
issued an inter-track wagering license; or (iii) at |
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1 | | a track awarded standardbred racing dates in 2019 and |
2 | | thereafter; or (iv) at a track
located in Madison
County |
3 | | that conducted at least 100 days of live racing during the |
4 | | immediately
preceding
calendar year may be issued an |
5 | | inter-track wagering license, unless a lesser
schedule of
|
6 | | live racing is the result of (A) weather, unsafe track |
7 | | conditions, or other
acts of God; (B)
an agreement between |
8 | | the organization licensee and the associations
|
9 | | representing the
largest number of owners, trainers, |
10 | | jockeys, or standardbred drivers who race
horses at
that |
11 | | organization licensee's racing meeting; or (C) a finding by |
12 | | the Board of
extraordinary circumstances and that it was in |
13 | | the best interest of the public
and the sport to conduct |
14 | | fewer than 100 days of live racing. Any such person
having |
15 | | operating control of the racing facility may receive
|
16 | | inter-track wagering
location licenses. An
eligible race |
17 | | track located in a county that has a population of more |
18 | | than
230,000 and that is bounded by the Mississippi River |
19 | | may establish up to 9
inter-track wagering locations, an |
20 | | eligible race track located in Stickney Township in Cook |
21 | | County may establish up to 16 inter-track wagering |
22 | | locations, and an eligible race track located in Palatine |
23 | | Township in Cook County may establish up to 18 inter-track |
24 | | wagering locations. An eligible race track conducting |
25 | | standardbred racing may have up to 9 inter-track wagering |
26 | | locations.
An application for
said license shall be filed |
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1 | | with the Board prior to such dates as may be
fixed by the |
2 | | Board. With an application for an inter-track
wagering
|
3 | | location license there shall be delivered to the Board a |
4 | | certified check or
bank draft payable to the order of the |
5 | | Board for an amount equal to $500.
The application shall be |
6 | | on forms prescribed and furnished by the Board. The
|
7 | | application shall comply with all other rules,
regulations |
8 | | and conditions imposed by the Board in connection |
9 | | therewith.
|
10 | | (2) The Board shall examine the applications with |
11 | | respect to their
conformity with this Act and the rules and |
12 | | regulations imposed by the
Board. If found to be in |
13 | | compliance with the Act and rules and regulations
of the |
14 | | Board, the Board may then issue a license to conduct |
15 | | inter-track
wagering and simulcast wagering to such |
16 | | applicant. All such applications
shall be acted upon by the |
17 | | Board at a meeting to be held on such date as may be
fixed |
18 | | by the Board.
|
19 | | (3) In granting licenses to conduct inter-track |
20 | | wagering and simulcast
wagering, the Board shall give due |
21 | | consideration to
the best interests of the
public, of horse |
22 | | racing, and of maximizing revenue to the State.
|
23 | | (4) Prior to the issuance of a license to conduct |
24 | | inter-track wagering
and simulcast wagering,
the applicant |
25 | | shall file with the Board a bond payable to the State of |
26 | | Illinois
in the sum of $50,000, executed by the applicant |
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1 | | and a surety company or
companies authorized to do business |
2 | | in this State, and conditioned upon
(i) the payment by the |
3 | | licensee of all taxes due under Section 27 or 27.1
and any |
4 | | other monies due and payable under this Act, and (ii)
|
5 | | distribution by the licensee, upon presentation of the |
6 | | winning ticket or
tickets, of all sums payable to the |
7 | | patrons of pari-mutuel pools.
|
8 | | (5) Each license to conduct inter-track wagering and |
9 | | simulcast
wagering shall specify the person
to whom it is |
10 | | issued, the dates on which such wagering is permitted, and
|
11 | | the track or location where the wagering is to be |
12 | | conducted.
|
13 | | (6) All wagering under such license is subject to this |
14 | | Act and to the
rules and regulations from time to time |
15 | | prescribed by the Board, and every
such license issued by |
16 | | the Board shall contain a recital to that effect.
|
17 | | (7) An inter-track wagering licensee or inter-track |
18 | | wagering location
licensee may accept wagers at the track |
19 | | or location
where it is licensed, or as otherwise provided |
20 | | under this Act.
|
21 | | (8) Inter-track wagering or simulcast wagering shall |
22 | | not be
conducted
at any track less than 4 5 miles from a |
23 | | track at which a racing meeting is in
progress.
|
24 | | (8.1) Inter-track wagering location
licensees who |
25 | | derive their licenses from a particular organization |
26 | | licensee
shall conduct inter-track wagering and simulcast |
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1 | | wagering only at locations that
are within 160 miles of |
2 | | that race track
where
the particular organization licensee |
3 | | is licensed to conduct racing. However, inter-track |
4 | | wagering and simulcast wagering
shall not
be conducted by |
5 | | those licensees at any location within 5 miles of any race
|
6 | | track at which a
horse race meeting has been licensed in |
7 | | the current year, unless the person
having operating |
8 | | control of such race track has given its written consent
to |
9 | | such inter-track wagering location licensees,
which |
10 | | consent
must be filed with the Board at or prior to the |
11 | | time application is made. In the case of any inter-track |
12 | | wagering location licensee initially licensed after |
13 | | December 31, 2013, inter-track wagering and simulcast |
14 | | wagering shall not be conducted by those inter-track |
15 | | wagering location licensees that are located outside the |
16 | | City of Chicago at any location within 8 miles of any race |
17 | | track at which a horse race meeting has been licensed in |
18 | | the current year, unless the person having operating |
19 | | control of such race track has given its written consent to |
20 | | such inter-track wagering location licensees, which |
21 | | consent must be filed with the Board at or prior to the |
22 | | time application is made.
|
23 | | (8.2) Inter-track wagering or simulcast wagering shall |
24 | | not be
conducted by an inter-track
wagering location |
25 | | licensee at any location within 500 feet of an
existing
|
26 | | church , an or existing elementary or secondary public |
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1 | | school, or an existing elementary or secondary private |
2 | | school registered with or recognized by the State Board of |
3 | | Education school , nor within 500 feet of the residences
of |
4 | | more than 50 registered voters without
receiving written |
5 | | permission from a majority of the registered
voters at such |
6 | | residences.
Such written permission statements shall be |
7 | | filed with the Board. The
distance of 500 feet shall be |
8 | | measured to the nearest part of any
building
used for |
9 | | worship services, education programs, residential |
10 | | purposes, or
conducting inter-track wagering by an |
11 | | inter-track wagering location
licensee, and not to |
12 | | property boundaries. However, inter-track wagering or
|
13 | | simulcast wagering may be conducted at a site within 500 |
14 | | feet of
a church, school or residences
of 50 or more |
15 | | registered voters if such church, school
or residences have |
16 | | been erected
or established, or such voters have been |
17 | | registered, after
the Board issues
the original |
18 | | inter-track wagering location license at the site in |
19 | | question.
Inter-track wagering location licensees may |
20 | | conduct inter-track wagering
and simulcast wagering only |
21 | | in areas that are zoned for
commercial or manufacturing |
22 | | purposes or
in areas for which a special use has been |
23 | | approved by the local zoning
authority. However, no license |
24 | | to conduct inter-track wagering and simulcast
wagering |
25 | | shall be
granted by the Board with respect to any |
26 | | inter-track wagering location
within the jurisdiction of |
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1 | | any local zoning authority which has, by
ordinance or by |
2 | | resolution, prohibited the establishment of an inter-track
|
3 | | wagering location within its jurisdiction. However, |
4 | | inter-track wagering
and simulcast wagering may be |
5 | | conducted at a site if such ordinance or
resolution is |
6 | | enacted after
the Board licenses the original inter-track |
7 | | wagering location
licensee for the site in question.
|
8 | | (9) (Blank).
|
9 | | (10) An inter-track wagering licensee or an |
10 | | inter-track wagering
location licensee may retain, subject |
11 | | to the
payment of the privilege taxes and the purses, an |
12 | | amount not to
exceed 17% of all money wagered. Each program |
13 | | of racing conducted by
each inter-track wagering licensee |
14 | | or inter-track wagering location
licensee shall be |
15 | | considered a separate racing day for the purpose of
|
16 | | determining the daily handle and computing the privilege |
17 | | tax or pari-mutuel
tax on such daily
handle as provided in |
18 | | Section 27.
|
19 | | (10.1) Except as provided in subsection (g) of Section |
20 | | 27 of this Act,
inter-track wagering location licensees |
21 | | shall pay 1% of the
pari-mutuel handle at each location to |
22 | | the municipality in which such
location is situated and 1% |
23 | | of the pari-mutuel handle at each location to
the county in |
24 | | which such location is situated. In the event that an
|
25 | | inter-track wagering location licensee is situated in an |
26 | | unincorporated
area of a county, such licensee shall pay 2% |
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1 | | of the pari-mutuel handle from
such location to such |
2 | | county.
|
3 | | (10.2) Notwithstanding any other provision of this |
4 | | Act, with respect to inter-track
wagering at a race track |
5 | | located in a
county that has a population of
more than |
6 | | 230,000 and that is bounded by the Mississippi River ("the |
7 | | first race
track"), or at a facility operated by an |
8 | | inter-track wagering licensee or
inter-track wagering |
9 | | location licensee that derives its license from the
|
10 | | organization licensee that operates the first race track, |
11 | | on races conducted at
the first race track or on races |
12 | | conducted at another Illinois race track
and |
13 | | simultaneously televised to the first race track or to a |
14 | | facility operated
by an inter-track wagering licensee or |
15 | | inter-track wagering location licensee
that derives its |
16 | | license from the organization licensee that operates the |
17 | | first
race track, those moneys shall be allocated as |
18 | | follows:
|
19 | | (A) That portion of all moneys wagered on |
20 | | standardbred racing that is
required under this Act to |
21 | | be paid to purses shall be paid to purses for
|
22 | | standardbred races.
|
23 | | (B) That portion of all moneys wagered on |
24 | | thoroughbred racing
that is required under this Act to |
25 | | be paid to purses shall be paid to purses
for |
26 | | thoroughbred races.
|
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1 | | (11) (A) After payment of the privilege or pari-mutuel |
2 | | tax, any other
applicable
taxes, and
the costs and expenses |
3 | | in connection with the gathering, transmission, and
|
4 | | dissemination of all data necessary to the conduct of |
5 | | inter-track wagering,
the remainder of the monies retained |
6 | | under either Section 26 or Section 26.2
of this Act by the |
7 | | inter-track wagering licensee on inter-track wagering
|
8 | | shall be allocated with 50% to be split between the
2 |
9 | | participating licensees and 50% to purses, except
that an |
10 | | inter-track wagering licensee that derives its
license |
11 | | from a track located in a county with a population in |
12 | | excess of 230,000
and that borders the Mississippi River |
13 | | shall not divide any remaining
retention with the Illinois |
14 | | organization licensee that provides the race or
races, and |
15 | | an inter-track wagering licensee that accepts wagers on |
16 | | races
conducted by an organization licensee that conducts a |
17 | | race meet in a county
with a population in excess of |
18 | | 230,000 and that borders the Mississippi River
shall not |
19 | | divide any remaining retention with that organization |
20 | | licensee.
|
21 | | (B) From the
sums permitted to be retained pursuant to |
22 | | this Act each inter-track wagering
location licensee shall |
23 | | pay (i) the privilege or pari-mutuel tax to the
State; (ii) |
24 | | 4.75% of the
pari-mutuel handle on inter-track wagering at |
25 | | such location on
races as purses, except that
an |
26 | | inter-track wagering location licensee that derives its |
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1 | | license from a
track located in a county with a population |
2 | | in excess of 230,000 and that
borders the Mississippi River |
3 | | shall retain all purse moneys for its own purse
account |
4 | | consistent with distribution set forth in this subsection |
5 | | (h), and inter-track
wagering location licensees that |
6 | | accept wagers on races
conducted
by an organization |
7 | | licensee located in a county with a population in excess of
|
8 | | 230,000 and that borders the Mississippi River shall |
9 | | distribute all purse
moneys to purses at the operating host |
10 | | track; (iii) until January 1, 2000,
except as
provided in
|
11 | | subsection (g) of Section 27 of this Act, 1% of the
|
12 | | pari-mutuel handle wagered on inter-track wagering and |
13 | | simulcast wagering at
each inter-track wagering
location |
14 | | licensee facility to the Horse Racing Tax Allocation Fund, |
15 | | provided
that, to the extent the total amount collected and |
16 | | distributed to the Horse
Racing Tax Allocation Fund under |
17 | | this subsection (h) during any calendar year
exceeds the |
18 | | amount collected and distributed to the Horse Racing Tax |
19 | | Allocation
Fund during calendar year 1994, that excess |
20 | | amount shall be redistributed (I)
to all inter-track |
21 | | wagering location licensees, based on each licensee's
|
22 | | pro-rata share of the total handle from inter-track |
23 | | wagering and simulcast
wagering for all inter-track |
24 | | wagering location licensees during the calendar
year in |
25 | | which this provision is applicable; then (II) the amounts |
26 | | redistributed
to each inter-track wagering location |
|
| | HB5146 | - 256 - | LRB100 18631 SMS 33856 b |
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1 | | licensee as described in subpart (I)
shall be further |
2 | | redistributed as provided in subparagraph (B) of paragraph |
3 | | (5)
of subsection (g) of this Section 26 provided first, |
4 | | that the shares of those
amounts, which are to be |
5 | | redistributed to the host track or to purses at the
host |
6 | | track under subparagraph (B) of paragraph (5) of subsection |
7 | | (g) of this
Section 26 shall be
redistributed based on each |
8 | | host track's pro rata share of the total
inter-track
|
9 | | wagering and simulcast wagering handle at all host tracks |
10 | | during the calendar
year in question, and second, that any |
11 | | amounts redistributed as described in
part (I) to an |
12 | | inter-track wagering location licensee that accepts
wagers |
13 | | on races conducted by an organization licensee that |
14 | | conducts a race meet
in a county with a population in |
15 | | excess of 230,000 and that borders the
Mississippi River |
16 | | shall be further redistributed as provided in |
17 | | subparagraphs
(D) and (E) of paragraph (7) of subsection |
18 | | (g) of this Section 26, with the
portion of that
further |
19 | | redistribution allocated to purses at that organization |
20 | | licensee to be
divided between standardbred purses and |
21 | | thoroughbred purses based on the
amounts otherwise |
22 | | allocated to purses at that organization licensee during |
23 | | the
calendar year in question; and (iv) 8% of the |
24 | | pari-mutuel handle on
inter-track wagering wagered at
such |
25 | | location to satisfy all costs and expenses of conducting |
26 | | its wagering. The
remainder of the monies retained by the |
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1 | | inter-track wagering location licensee
shall be allocated |
2 | | 40% to the location licensee and 60% to the organization
|
3 | | licensee which provides the Illinois races to the location, |
4 | | except that an inter-track
wagering location
licensee that |
5 | | derives its license from a track located in a county with a
|
6 | | population in excess of 230,000 and that borders the |
7 | | Mississippi River shall
not divide any remaining retention |
8 | | with the organization licensee that provides
the race or |
9 | | races and an inter-track wagering location licensee that |
10 | | accepts
wagers on races conducted by an organization |
11 | | licensee that conducts a race meet
in a county with a |
12 | | population in excess of 230,000 and that borders the
|
13 | | Mississippi River shall not divide any remaining retention |
14 | | with the
organization licensee.
Notwithstanding the |
15 | | provisions of clauses (ii) and (iv) of this
paragraph, in |
16 | | the case of the additional inter-track wagering location |
17 | | licenses
authorized under paragraph (1) of this subsection |
18 | | (h) by Public Act 87-110, those licensees shall pay the |
19 | | following amounts as purses:
during the first 12 months the |
20 | | licensee is in operation, 5.25% of
the
pari-mutuel handle |
21 | | wagered at the location on races; during the second 12
|
22 | | months, 5.25%; during the third 12 months, 5.75%;
during
|
23 | | the fourth 12 months,
6.25%; and during the fifth 12 months |
24 | | and thereafter, 6.75%. The
following amounts shall be |
25 | | retained by the licensee to satisfy all costs
and expenses |
26 | | of conducting its wagering: during the first 12 months the
|
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| | HB5146 | - 258 - | LRB100 18631 SMS 33856 b |
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1 | | licensee is in operation, 8.25% of the pari-mutuel handle |
2 | | wagered
at the
location; during the second 12 months, |
3 | | 8.25%; during the third 12
months, 7.75%;
during the fourth |
4 | | 12 months, 7.25%; and during the fifth 12 months
and
|
5 | | thereafter, 6.75%.
For additional inter-track wagering |
6 | | location licensees authorized under Public Act 89-16, |
7 | | purses for the first 12 months the licensee is in operation |
8 | | shall
be 5.75% of the pari-mutuel wagered
at the location, |
9 | | purses for the second 12 months the licensee is in |
10 | | operation
shall be 6.25%, and purses
thereafter shall be |
11 | | 6.75%. For additional inter-track location
licensees
|
12 | | authorized under Public Act 89-16, the licensee shall be |
13 | | allowed to retain to satisfy
all costs and expenses: 7.75% |
14 | | of the pari-mutuel handle wagered at
the location
during |
15 | | its first 12 months of operation, 7.25% during its second
|
16 | | 12
months of
operation, and 6.75% thereafter.
|
17 | | (C) There is hereby created the Horse Racing Tax |
18 | | Allocation Fund
which shall remain in existence until |
19 | | December 31, 1999. Moneys
remaining in the Fund after |
20 | | December 31, 1999
shall be paid into the
General Revenue |
21 | | Fund. Until January 1, 2000,
all monies paid into the Horse |
22 | | Racing Tax Allocation Fund pursuant to this
paragraph (11) |
23 | | by inter-track wagering location licensees located in park
|
24 | | districts of 500,000 population or less, or in a |
25 | | municipality that is not
included within any park district |
26 | | but is included within a conservation
district and is the |
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1 | | county seat of a county that (i) is contiguous to the state
|
2 | | of Indiana and (ii) has a 1990 population of 88,257 |
3 | | according to the United
States Bureau of the Census, and |
4 | | operating on May 1, 1994 shall be
allocated by |
5 | | appropriation as follows:
|
6 | | Two-sevenths to the Department of Agriculture. |
7 | | Fifty percent of
this two-sevenths shall be used to |
8 | | promote the Illinois horse racing and
breeding |
9 | | industry, and shall be distributed by the Department of |
10 | | Agriculture
upon the advice of a 9-member committee |
11 | | appointed by the Governor consisting of
the following |
12 | | members: the Director of Agriculture, who shall serve |
13 | | as
chairman; 2 representatives of organization |
14 | | licensees conducting thoroughbred
race meetings in |
15 | | this State, recommended by those licensees; 2 |
16 | | representatives
of organization licensees conducting |
17 | | standardbred race meetings in this State,
recommended |
18 | | by those licensees; a representative of the Illinois
|
19 | | Thoroughbred Breeders and Owners Foundation, |
20 | | recommended by that
Foundation; a representative of |
21 | | the Illinois Standardbred Owners and
Breeders |
22 | | Association, recommended
by that Association; a |
23 | | representative of
the Horsemen's Benevolent and |
24 | | Protective Association or any successor
organization |
25 | | thereto established in Illinois comprised of the |
26 | | largest number of
owners and trainers, recommended by |
|
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1 | | that
Association or that successor organization; and a
|
2 | | representative of the Illinois Harness Horsemen's
|
3 | | Association, recommended by that Association. |
4 | | Committee members shall
serve for terms of 2 years, |
5 | | commencing January 1 of each even-numbered
year. If a |
6 | | representative of any of the above-named entities has |
7 | | not been
recommended by January 1 of any even-numbered |
8 | | year, the Governor shall
appoint a committee member to |
9 | | fill that position. Committee members shall
receive no |
10 | | compensation for their services as members but shall be
|
11 | | reimbursed for all actual and necessary expenses and |
12 | | disbursements incurred
in the performance of their |
13 | | official duties. The remaining 50% of this
|
14 | | two-sevenths shall be distributed to county fairs for |
15 | | premiums and
rehabilitation as set forth in the |
16 | | Agricultural Fair Act;
|
17 | | Four-sevenths to park districts or municipalities |
18 | | that do not have a
park district of 500,000 population |
19 | | or less for museum purposes (if an
inter-track wagering |
20 | | location licensee is located in such a park district) |
21 | | or
to conservation districts for museum purposes (if an |
22 | | inter-track wagering
location licensee is located in a |
23 | | municipality that is not included within any
park |
24 | | district but is included within a conservation |
25 | | district and is the county
seat of a county that (i) is |
26 | | contiguous to the state of Indiana and (ii) has a
1990 |
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1 | | population of 88,257 according to the United States |
2 | | Bureau of the Census,
except that if the conservation |
3 | | district does not maintain a museum, the monies
shall |
4 | | be allocated equally between the county and the |
5 | | municipality in which the
inter-track wagering |
6 | | location licensee is located for general purposes) or |
7 | | to a
municipal recreation board for park purposes (if |
8 | | an inter-track wagering
location licensee is located |
9 | | in a municipality that is not included within any
park |
10 | | district and park maintenance is the function of the |
11 | | municipal recreation
board and the municipality has a |
12 | | 1990 population of 9,302 according to the
United States |
13 | | Bureau of the Census); provided that the monies are |
14 | | distributed
to each park district or conservation |
15 | | district or municipality that does not
have a park |
16 | | district in an amount equal to four-sevenths of the |
17 | | amount
collected by each inter-track wagering location |
18 | | licensee within the park
district or conservation |
19 | | district or municipality for the Fund. Monies that
were |
20 | | paid into the Horse Racing Tax Allocation Fund before |
21 | | August 9, 1991 (the effective date
of Public Act |
22 | | 87-110) by an inter-track wagering location licensee
|
23 | | located in a municipality that is not included within |
24 | | any park district but is
included within a conservation |
25 | | district as provided in this paragraph shall, as
soon |
26 | | as practicable after August 9, 1991 (the effective date |
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1 | | of Public Act 87-110), be
allocated and paid to that |
2 | | conservation district as provided in this paragraph.
|
3 | | Any park district or municipality not maintaining a |
4 | | museum may deposit the
monies in the corporate fund of |
5 | | the park district or municipality where the
|
6 | | inter-track wagering location is located, to be used |
7 | | for general purposes;
and
|
8 | | One-seventh to the Agricultural Premium Fund to be |
9 | | used for distribution
to agricultural home economics |
10 | | extension councils in accordance with "An
Act in |
11 | | relation to additional support and finances for the |
12 | | Agricultural and
Home Economic Extension Councils in |
13 | | the several counties of this State and
making an |
14 | | appropriation therefor", approved July 24, 1967.
|
15 | | Until January 1, 2000, all other
monies paid into the |
16 | | Horse Racing Tax
Allocation Fund pursuant to
this paragraph |
17 | | (11) shall be allocated by appropriation as follows:
|
18 | | Two-sevenths to the Department of Agriculture. |
19 | | Fifty percent of this
two-sevenths shall be used to |
20 | | promote the Illinois horse racing and breeding
|
21 | | industry, and shall be distributed by the Department of |
22 | | Agriculture upon the
advice of a 9-member committee |
23 | | appointed by the Governor consisting of the
following |
24 | | members: the Director of Agriculture, who shall serve |
25 | | as chairman; 2
representatives of organization |
26 | | licensees conducting thoroughbred race meetings
in |
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1 | | this State, recommended by those licensees; 2 |
2 | | representatives of
organization licensees conducting |
3 | | standardbred race meetings in this State,
recommended |
4 | | by those licensees; a representative of the Illinois |
5 | | Thoroughbred
Breeders and Owners Foundation, |
6 | | recommended by that Foundation; a
representative of |
7 | | the Illinois Standardbred Owners and Breeders |
8 | | Association,
recommended by that Association; a |
9 | | representative of the Horsemen's Benevolent
and |
10 | | Protective Association or any successor organization |
11 | | thereto established
in Illinois comprised of the |
12 | | largest number of owners and trainers,
recommended by |
13 | | that Association or that successor organization; and a
|
14 | | representative of the Illinois Harness Horsemen's |
15 | | Association, recommended by
that Association. |
16 | | Committee members shall serve for terms of 2 years,
|
17 | | commencing January 1 of each even-numbered year. If a |
18 | | representative of any of
the above-named entities has |
19 | | not been recommended by January 1 of any
even-numbered |
20 | | year, the Governor shall appoint a committee member to |
21 | | fill that
position. Committee members shall receive no |
22 | | compensation for their services
as members but shall be |
23 | | reimbursed for all actual and necessary expenses and
|
24 | | disbursements incurred in the performance of their |
25 | | official duties. The
remaining 50% of this |
26 | | two-sevenths shall be distributed to county fairs for
|
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1 | | premiums and rehabilitation as set forth in the |
2 | | Agricultural Fair Act;
|
3 | | Four-sevenths to museums and aquariums located in |
4 | | park districts of over
500,000 population; provided |
5 | | that the monies are distributed in accordance with
the |
6 | | previous year's distribution of the maintenance tax |
7 | | for such museums and
aquariums as provided in Section 2 |
8 | | of the Park District Aquarium and Museum
Act; and
|
9 | | One-seventh to the Agricultural Premium Fund to be |
10 | | used for distribution
to agricultural home economics |
11 | | extension councils in accordance with "An Act
in |
12 | | relation to additional support and finances for the |
13 | | Agricultural and
Home Economic Extension Councils in |
14 | | the several counties of this State and
making an |
15 | | appropriation therefor", approved July 24, 1967.
This |
16 | | subparagraph (C) shall be inoperative and of no force |
17 | | and effect on and
after January 1, 2000.
|
18 | | (D) Except as provided in paragraph (11) of this |
19 | | subsection (h),
with respect to purse allocation from |
20 | | inter-track wagering, the monies so
retained shall be |
21 | | divided as follows:
|
22 | | (i) If the inter-track wagering licensee, |
23 | | except an inter-track
wagering licensee that |
24 | | derives its license from an organization
licensee |
25 | | located in a county with a population in excess of |
26 | | 230,000 and bounded
by the Mississippi River, is |
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1 | | not conducting its own
race meeting during the same |
2 | | dates, then the entire purse allocation shall be
to |
3 | | purses at the track where the races wagered on are |
4 | | being conducted.
|
5 | | (ii) If the inter-track wagering licensee, |
6 | | except an inter-track
wagering licensee that |
7 | | derives its license from an organization
licensee |
8 | | located in a county with a population in excess of |
9 | | 230,000 and bounded
by the Mississippi River, is |
10 | | also
conducting its own
race meeting during the |
11 | | same dates, then the purse allocation shall be as
|
12 | | follows: 50% to purses at the track where the races |
13 | | wagered on are
being conducted; 50% to purses at |
14 | | the track where the inter-track
wagering licensee |
15 | | is accepting such wagers.
|
16 | | (iii) If the inter-track wagering is being |
17 | | conducted by an inter-track
wagering location |
18 | | licensee, except an inter-track wagering location |
19 | | licensee
that derives its license from an |
20 | | organization licensee located in a
county with a |
21 | | population in excess of 230,000 and bounded by the |
22 | | Mississippi
River, the entire purse allocation for |
23 | | Illinois races shall
be to purses at the track |
24 | | where the race meeting being wagered on is being
|
25 | | held.
|
26 | | (12) The Board shall have all powers necessary and |
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1 | | proper to fully
supervise and control the conduct of
|
2 | | inter-track wagering and simulcast
wagering by inter-track |
3 | | wagering licensees and inter-track wagering location
|
4 | | licensees, including, but not
limited to the following:
|
5 | | (A) The Board is vested with power to promulgate |
6 | | reasonable rules and
regulations for the purpose of |
7 | | administering the
conduct of this
wagering and to |
8 | | prescribe reasonable rules, regulations and conditions |
9 | | under
which such wagering shall be held and conducted. |
10 | | Such rules and regulations
are to provide for the |
11 | | prevention of practices detrimental to the public
|
12 | | interest and for
the best interests of said wagering |
13 | | and to impose penalties
for violations thereof.
|
14 | | (B) The Board, and any person or persons to whom it |
15 | | delegates this
power, is vested with the power to enter |
16 | | the
facilities of any licensee to determine whether |
17 | | there has been
compliance with the provisions of this |
18 | | Act and the rules and regulations
relating to the |
19 | | conduct of such wagering.
|
20 | | (C) The Board, and any person or persons to whom it |
21 | | delegates this
power, may eject or exclude from any |
22 | | licensee's facilities, any person whose
conduct or |
23 | | reputation
is such that his presence on such premises |
24 | | may, in the opinion of the Board,
call into the |
25 | | question the honesty and integrity of, or interfere |
26 | | with the
orderly conduct of such wagering; provided, |
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1 | | however, that no person shall
be excluded or ejected |
2 | | from such premises solely on the grounds of race,
|
3 | | color, creed, national origin, ancestry, or sex.
|
4 | | (D) (Blank).
|
5 | | (E) The Board is vested with the power to appoint |
6 | | delegates to execute
any of the powers granted to it |
7 | | under this Section for the purpose of
administering |
8 | | this wagering and any
rules and
regulations
|
9 | | promulgated in accordance with this Act.
|
10 | | (F) The Board shall name and appoint a State |
11 | | director of this wagering
who shall be a representative |
12 | | of the Board and whose
duty it shall
be to supervise |
13 | | the conduct of inter-track wagering as may be provided |
14 | | for
by the rules and regulations of the Board; such |
15 | | rules and regulation shall
specify the method of |
16 | | appointment and the Director's powers, authority and
|
17 | | duties.
|
18 | | (G) The Board is vested with the power to impose |
19 | | civil penalties of up
to $5,000 against individuals and |
20 | | up to $10,000 against
licensees for each violation of |
21 | | any provision of
this Act relating to the conduct of |
22 | | this wagering, any
rules adopted
by the Board, any |
23 | | order of the Board or any other action which in the |
24 | | Board's
discretion, is a detriment or impediment to |
25 | | such wagering.
|
26 | | (13) The Department of Agriculture may enter into |
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1 | | agreements with
licensees authorizing such licensees to |
2 | | conduct inter-track
wagering on races to be held at the |
3 | | licensed race meetings conducted by the
Department of |
4 | | Agriculture. Such
agreement shall specify the races of the |
5 | | Department of Agriculture's
licensed race meeting upon |
6 | | which the licensees will conduct wagering. In the
event |
7 | | that a licensee
conducts inter-track pari-mutuel wagering |
8 | | on races from the Illinois State Fair
or DuQuoin State Fair |
9 | | which are in addition to the licensee's previously
approved |
10 | | racing program, those races shall be considered a separate |
11 | | racing day
for the
purpose of determining the daily handle |
12 | | and computing the privilege or
pari-mutuel tax on
that |
13 | | daily handle as provided in Sections 27
and 27.1. Such
|
14 | | agreements shall be approved by the Board before such |
15 | | wagering may be
conducted. In determining whether to grant |
16 | | approval, the Board shall give
due consideration to the |
17 | | best interests of the public and of horse racing.
The |
18 | | provisions of paragraphs (1), (8), (8.1), and (8.2) of
|
19 | | subsection (h) of this
Section which are not specified in |
20 | | this paragraph (13) shall not apply to
licensed race |
21 | | meetings conducted by the Department of Agriculture at the
|
22 | | Illinois State Fair in Sangamon County or the DuQuoin State |
23 | | Fair in Perry
County, or to any wagering conducted on
those |
24 | | race meetings. |
25 | | (14) An inter-track wagering location license |
26 | | authorized by the Board in 2016 that is owned and operated |
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1 | | by a race track in Rock Island County shall be transferred |
2 | | to a commonly owned race track in Cook County on August 12, |
3 | | 2016 (the effective date of Public Act 99-757). The |
4 | | licensee shall retain its status in relation to purse |
5 | | distribution under paragraph (11) of this subsection (h) |
6 | | following the transfer to the new entity. The pari-mutuel |
7 | | tax credit under Section 32.1 shall not be applied toward |
8 | | any pari-mutuel tax obligation of the inter-track wagering |
9 | | location licensee of the license that is transferred under |
10 | | this paragraph (14).
|
11 | | (i) Notwithstanding the other provisions of this Act, the |
12 | | conduct of
wagering at wagering facilities is authorized on all |
13 | | days, except as limited by
subsection (b) of Section 19 of this |
14 | | Act.
|
15 | | (Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; |
16 | | 100-201, eff. 8-18-17.)
|
17 | | (230 ILCS 5/26.8) |
18 | | Sec. 26.8. Beginning on February 1, 2014 and through |
19 | | December 31, 2018 , each wagering licensee may impose a |
20 | | surcharge of up to 0.5% on winning wagers and winnings from |
21 | | wagers. The surcharge shall be deducted from winnings prior to |
22 | | payout. All amounts collected from the imposition of this |
23 | | surcharge shall be evenly distributed to the organization |
24 | | licensee and the purse account of the organization licensee |
25 | | with which the licensee is affiliated. The amounts distributed |
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1 | | under this Section shall be in addition to the amounts paid |
2 | | pursuant to paragraph (10) of subsection (h) of Section 26, |
3 | | Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
|
4 | | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
|
5 | | (230 ILCS 5/26.9) |
6 | | Sec. 26.9. Beginning on February 1, 2014 and through |
7 | | December 31, 2018 , in addition to the surcharge imposed in |
8 | | Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each |
9 | | licensee shall impose a surcharge of 0.2% on winning wagers and |
10 | | winnings from wagers. The surcharge shall be deducted from |
11 | | winnings prior to payout. All amounts collected from the |
12 | | surcharges imposed under this Section shall be remitted to the |
13 | | Board. From amounts collected under this Section, the Board |
14 | | shall deposit an amount not to exceed $100,000 annually into |
15 | | the Quarter Horse Purse Fund and all remaining amounts into the |
16 | | Horse Racing Fund.
|
17 | | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
|
18 | | (230 ILCS 5/27) (from Ch. 8, par. 37-27) |
19 | | Sec. 27. (a) In addition to the organization license fee |
20 | | provided
by this Act, until January 1, 2000, a
graduated |
21 | | privilege tax is hereby
imposed for conducting
the pari-mutuel |
22 | | system of wagering permitted under this
Act. Until January 1, |
23 | | 2000, except as provided in subsection (g) of
Section 27 of |
24 | | this Act, all of
the breakage of each racing day held by any |
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1 | | licensee in the State shall be paid
to the State.
Until January |
2 | | 1, 2000, such daily graduated privilege tax shall be paid by
|
3 | | the
licensee from the amount permitted to be retained under |
4 | | this Act.
Until January 1, 2000, each day's
graduated privilege |
5 | | tax, breakage, and Horse Racing Tax Allocation
funds shall be |
6 | | remitted to the Department of Revenue within 48 hours after the
|
7 | | close of the racing day upon which it is assessed or within |
8 | | such other time as
the Board prescribes. The privilege tax |
9 | | hereby imposed, until January
1, 2000, shall be a flat tax at
|
10 | | the rate of 2% of the daily pari-mutuel handle except as |
11 | | provided in Section
27.1. |
12 | | In addition, every organization licensee, except as
|
13 | | provided in Section 27.1 of this Act, which conducts multiple
|
14 | | wagering shall pay, until January 1, 2000,
as a privilege tax |
15 | | on multiple
wagers an amount
equal to 1.25% of all moneys |
16 | | wagered each day on such multiple wagers,
plus an additional |
17 | | amount equal to 3.5% of the amount wagered each day on any
|
18 | | other multiple wager which involves a single
betting interest |
19 | | on 3 or more horses. The licensee shall remit the amount of
|
20 | | such taxes to the Department of Revenue within 48 hours after |
21 | | the close of
the racing day on which it is assessed or within |
22 | | such other time as the Board
prescribes. |
23 | | This subsection (a) shall be inoperative and of no force |
24 | | and effect on and
after January 1, 2000. |
25 | | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax |
26 | | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed |
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1 | | at all pari-mutuel wagering facilities and on advance deposit |
2 | | wagering from a location other than a wagering facility, except |
3 | | as otherwise provided for in this subsection (a-5). In addition |
4 | | to the pari-mutuel tax imposed on advance deposit wagering |
5 | | pursuant to this subsection (a-5), beginning on August 24, 2012 |
6 | | (the effective date of Public Act 97-1060) and through December |
7 | | 31, 2018 , an additional pari-mutuel tax at the rate of 0.25% |
8 | | shall be imposed on advance deposit wagering. Until August 25, |
9 | | 2012, the additional 0.25% pari-mutuel tax imposed on advance |
10 | | deposit wagering by Public Act 96-972 shall be deposited into |
11 | | the Quarter Horse Purse Fund, which shall be created as a |
12 | | non-appropriated trust fund administered by the Board for |
13 | | grants to thoroughbred organization licensees for payment of |
14 | | purses for quarter horse races conducted by the organization |
15 | | licensee. Beginning on August 26, 2012, the additional 0.25% |
16 | | pari-mutuel tax imposed on advance deposit wagering shall be |
17 | | deposited into the Standardbred Purse Fund, which shall be |
18 | | created as a non-appropriated trust fund administered by the |
19 | | Board, for grants to the standardbred organization licensees |
20 | | for payment of purses for standardbred horse races conducted by |
21 | | the organization licensee. Thoroughbred organization licensees |
22 | | may petition the Board to conduct quarter horse racing and |
23 | | receive purse grants from the Quarter Horse Purse Fund. The |
24 | | Board shall have complete discretion in distributing the |
25 | | Quarter Horse Purse Fund to the petitioning organization |
26 | | licensees. Beginning on July 26, 2010 (the effective date of |
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1 | | Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of |
2 | | the daily pari-mutuel handle is imposed at a pari-mutuel |
3 | | facility whose license is derived from a track located in a |
4 | | county that borders the Mississippi River and conducted live |
5 | | racing in the previous year. The pari-mutuel tax imposed by |
6 | | this subsection (a-5)
shall be remitted to the Department of
|
7 | | Revenue within 48 hours after the close of the racing day upon |
8 | | which it is
assessed or within such other time as the Board |
9 | | prescribes. |
10 | | (a-10) Beginning on the date when an organization licensee |
11 | | begins conducting electronic gaming pursuant to an electronic |
12 | | gaming license, the following pari-mutuel tax is imposed upon |
13 | | an organization licensee on Illinois races at the licensee's |
14 | | race track: |
15 | | 1.5% of the pari-mutuel handle at or below the average |
16 | | daily pari-mutuel handle for 2011. |
17 | | 2% of the pari-mutuel handle above the average daily |
18 | | pari-mutuel handle for 2011 up to 125% of the average daily |
19 | | pari-mutuel handle for 2011. |
20 | | 2.5% of the pari-mutuel handle 125% or more above the |
21 | | average daily pari-mutuel handle for 2011 up to 150% of the |
22 | | average daily pari-mutuel handle for 2011. |
23 | | 3% of the pari-mutuel handle 150% or more above the |
24 | | average daily pari-mutuel handle for 2011 up to 175% of the |
25 | | average daily pari-mutuel handle for 2011. |
26 | | 3.5% of the pari-mutuel handle 175% or more above the |
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1 | | average daily pari-mutuel handle for 2011. |
2 | | The pari-mutuel tax imposed by this subsection (a-10) shall |
3 | | be remitted to the Board within 48 hours after the close of the |
4 | | racing day upon which it is assessed or within such other time |
5 | | as the Board prescribes. |
6 | | (b) On or before December 31, 1999, in
the event that any |
7 | | organization
licensee conducts
2 separate programs
of races on |
8 | | any day, each such program shall be considered a separate
|
9 | | racing day for purposes of determining the daily handle and |
10 | | computing
the privilege tax on such daily handle as provided in |
11 | | subsection (a) of
this Section. |
12 | | (c) Licensees shall at all times keep accurate
books
and |
13 | | records of all monies wagered on each day of a race meeting and |
14 | | of
the taxes paid to the Department of Revenue under the |
15 | | provisions of this
Section. The Board or its duly authorized |
16 | | representative or
representatives shall at all reasonable |
17 | | times have access to such
records for the purpose of examining |
18 | | and checking the same and
ascertaining whether the proper |
19 | | amount of taxes is being paid as
provided. The Board shall |
20 | | require verified reports and a statement of
the total of all |
21 | | monies wagered daily at each wagering facility upon which
the |
22 | | taxes are assessed and may prescribe forms upon which such |
23 | | reports
and statement shall be made. |
24 | | (d) Before a license is issued or re-issued, the licensee |
25 | | shall post a bond in the sum of $500,000 to the State of |
26 | | Illinois. The bond shall be used to guarantee that the licensee |
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1 | | faithfully makes the payments, keeps the books and records and |
2 | | makes reports, and conducts games of chance in conformity with |
3 | | this Act and the rules adopted by the Board. The bond shall not |
4 | | be canceled by a surety on less than 30 days' notice in writing |
5 | | to the Board. If a bond is canceled and the licensee fails to |
6 | | file a new bond with the Board in the required amount on or |
7 | | before the effective date of cancellation, the licensee's |
8 | | license shall be revoked. The total and aggregate liability of |
9 | | the surety on the bond is limited to the amount specified in |
10 | | the bond. Any licensee failing or refusing to pay the amount
of |
11 | | any tax due under this Section shall be guilty of a business |
12 | | offense
and upon conviction shall be fined not more than $5,000 |
13 | | in addition to
the amount found due as tax under this Section. |
14 | | Each day's violation
shall constitute a separate offense. All |
15 | | fines paid into Court by a licensee hereunder shall be |
16 | | transmitted and paid over by
the Clerk of the Court to the |
17 | | Board. |
18 | | (e) No other license fee, privilege tax, excise tax, or
|
19 | | racing fee, except as provided in this Act, shall be assessed |
20 | | or
collected from any such licensee by the State. |
21 | | (f) No other license fee, privilege tax, excise tax or |
22 | | racing fee shall be
assessed or collected from any such |
23 | | licensee by units of local government
except as provided in |
24 | | paragraph 10.1 of subsection (h) and subsection (f) of
Section |
25 | | 26 of this Act. However, any municipality that has a Board |
26 | | licensed
horse race meeting at a race track wholly within its |
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1 | | corporate boundaries or a
township that has a Board licensed |
2 | | horse race meeting at a race track wholly
within the |
3 | | unincorporated area of the township may charge a local
|
4 | | amusement tax not to exceed 10˘ per admission to such horse |
5 | | race meeting
by the enactment of an ordinance. However, any |
6 | | municipality or county
that has a Board licensed inter-track |
7 | | wagering location facility wholly
within its corporate |
8 | | boundaries may each impose an admission fee not
to exceed $1.00 |
9 | | per admission to such inter-track wagering location facility,
|
10 | | so that a total of not more than $2.00 per admission may be |
11 | | imposed.
Except as provided in subparagraph (g) of Section 27 |
12 | | of this Act, the
inter-track wagering location licensee shall |
13 | | collect any and all such fees
and within 48 hours remit the |
14 | | fees to the Board as the Board prescribes , which shall, |
15 | | pursuant to
rule, cause the fees to be distributed to the |
16 | | county or municipality. |
17 | | (g) Notwithstanding any provision in this Act to the |
18 | | contrary, if in any
calendar year the total taxes and fees from |
19 | | wagering on live racing and from
inter-track wagering required |
20 | | to be collected from
licensees and distributed under this Act |
21 | | to all State and local governmental
authorities exceeds the |
22 | | amount of such taxes and fees distributed to each State
and |
23 | | local governmental authority to which each State and local |
24 | | governmental
authority was entitled under this Act for calendar |
25 | | year 1994, then the first
$11 million of that excess amount |
26 | | shall be allocated at the earliest possible
date for |
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1 | | distribution as purse money for the succeeding calendar year.
|
2 | | Upon reaching the 1994 level, and until the excess amount of |
3 | | taxes and fees
exceeds $11 million, the Board shall direct all |
4 | | licensees to cease paying the
subject taxes and fees and the |
5 | | Board shall direct all licensees to allocate any such excess |
6 | | amount for purses as
follows: |
7 | | (i) the excess amount shall be initially divided |
8 | | between thoroughbred and
standardbred purses based on the |
9 | | thoroughbred's and standardbred's respective
percentages |
10 | | of total Illinois live wagering in calendar year 1994; |
11 | | (ii) each thoroughbred and standardbred organization |
12 | | licensee issued an
organization licensee in that |
13 | | succeeding allocation year shall
be
allocated an amount |
14 | | equal to the product of its percentage of total
Illinois
|
15 | | live thoroughbred or standardbred wagering in calendar |
16 | | year 1994 (the total to
be determined based on the sum of |
17 | | 1994 on-track wagering for all organization
licensees |
18 | | issued organization licenses in both the allocation year |
19 | | and the
preceding year) multiplied by
the total amount |
20 | | allocated for standardbred or thoroughbred purses, |
21 | | provided
that the first $1,500,000 of the amount allocated |
22 | | to standardbred
purses under item (i) shall be allocated to |
23 | | the Department of
Agriculture to be expended with the |
24 | | assistance and advice of the Illinois
Standardbred |
25 | | Breeders Funds Advisory Board for the purposes listed in
|
26 | | subsection (g) of Section 31 of this Act, before the amount |
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1 | | allocated to
standardbred purses under item (i) is |
2 | | allocated to standardbred
organization licensees in the |
3 | | succeeding allocation year. |
4 | | To the extent the excess amount of taxes and fees to be |
5 | | collected and
distributed to State and local governmental |
6 | | authorities exceeds $11 million,
that excess amount shall be |
7 | | collected and distributed to State and local
authorities as |
8 | | provided for under this Act. |
9 | | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756, |
10 | | eff. 8-12-16.)
|
11 | | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
|
12 | | Sec. 30.
(a) The General Assembly declares that it is the |
13 | | policy of
this State to encourage the breeding of thoroughbred |
14 | | horses in this
State and the ownership of such horses by |
15 | | residents of this State in
order to provide for: sufficient |
16 | | numbers of high quality thoroughbred
horses to participate in |
17 | | thoroughbred racing meetings in this State,
and to establish |
18 | | and preserve the agricultural and commercial benefits
of such |
19 | | breeding and racing industries to the State of Illinois. It is
|
20 | | the intent of the General Assembly to further this policy by |
21 | | the
provisions of this Act.
|
22 | | (b) Each organization licensee conducting a thoroughbred
|
23 | | racing meeting
pursuant to this Act shall provide at least two |
24 | | races each day limited
to Illinois conceived and foaled horses |
25 | | or Illinois foaled horses or
both. A minimum of 6 races shall |
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1 | | be conducted each week limited to
Illinois conceived and foaled |
2 | | or Illinois foaled horses or both. No
horses shall be permitted |
3 | | to start in such races unless duly registered
under the rules |
4 | | of the Department of Agriculture.
|
5 | | (c) Conditions of races under subsection (b) shall be
|
6 | | commensurate
with past performance, quality, and class of |
7 | | Illinois conceived and foaled
and Illinois foaled horses
|
8 | | available. If, however, sufficient competition cannot be had |
9 | | among
horses of that class on any day, the races may, with |
10 | | consent of the
Board, be eliminated for that day and substitute |
11 | | races provided.
|
12 | | (d) There is hereby created a special fund of the State |
13 | | Treasury to
be known as the Illinois Thoroughbred Breeders |
14 | | Fund.
|
15 | | Beginning on the effective date of this amendatory Act of |
16 | | the 100th General Assembly, the Illinois Thoroughbred Breeders |
17 | | Fund shall become a non-appropriated trust fund held separately |
18 | | from State moneys. Expenditures from this Fund shall no longer |
19 | | be subject to appropriation. |
20 | | Except as provided in subsection (g) of Section 27 of this |
21 | | Act, 8.5% of all
the monies received by the State as
privilege |
22 | | taxes on Thoroughbred racing meetings shall be paid into the |
23 | | Illinois
Thoroughbred Breeders Fund.
|
24 | | Notwithstanding any provision of law to the contrary, |
25 | | amounts deposited into the Illinois Thoroughbred Breeders Fund |
26 | | from revenues generated by electronic gaming after the |
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1 | | effective date of this amendatory Act of the 100th General |
2 | | Assembly shall be in addition to tax and fee amounts paid under |
3 | | this Section for calendar year 2018 and thereafter. |
4 | | (e) The Illinois Thoroughbred Breeders Fund shall be |
5 | | administered by
the Department of Agriculture
with the advice |
6 | | and assistance of the
Advisory Board created in subsection (f) |
7 | | of this Section.
|
8 | | (f) The Illinois Thoroughbred Breeders Fund Advisory Board |
9 | | shall
consist of the Director of the Department of Agriculture, |
10 | | who shall
serve as Chairman; a member of the Illinois Racing |
11 | | Board, designated by
it; 2 representatives of the organization |
12 | | licensees
conducting thoroughbred
racing meetings, recommended |
13 | | by them; 2 representatives of the Illinois
Thoroughbred |
14 | | Breeders and Owners Foundation, recommended by it; one |
15 | | representative and 2
representatives of the Horsemen's |
16 | | Benevolent Protective Association ; and one representative from |
17 | | the Illinois Thoroughbred Horsemen's Association or any
|
18 | | successor organization established in Illinois comprised of |
19 | | the largest number
of owners and trainers,
recommended
by it, |
20 | | with one representative of the Horsemen's Benevolent and |
21 | | Protective
Association to come from its Illinois Division, and |
22 | | one from its Chicago
Division . Advisory Board members shall |
23 | | serve for 2 years commencing January 1
of
each odd numbered |
24 | | year. If representatives of the organization licensees
|
25 | | conducting thoroughbred racing meetings, the Illinois |
26 | | Thoroughbred Breeders and
Owners Foundation, and the |
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1 | | Horsemen's Benevolent Protection Association , and the Illinois |
2 | | Thoroughbred Horsemen's Association have
not been recommended |
3 | | by January 1, of each odd numbered year, the Director of
the |
4 | | Department of Agriculture shall make an appointment for the |
5 | | organization
failing to so recommend a member of the Advisory |
6 | | Board. Advisory Board members
shall receive no compensation for |
7 | | their services as members but shall be
reimbursed for all |
8 | | actual and necessary expenses and disbursements incurred in
the |
9 | | execution of their official duties.
|
10 | | (g) No monies shall be expended from the Illinois |
11 | | Thoroughbred
Breeders Fund except as appropriated by the |
12 | | General Assembly. Monies expended
appropriated from the |
13 | | Illinois Thoroughbred Breeders Fund shall be
expended by the |
14 | | Department of Agriculture,
with the advice and
assistance of |
15 | | the Illinois Thoroughbred Breeders Fund Advisory Board,
for the |
16 | | following purposes only:
|
17 | | (1) To provide purse supplements to owners of horses |
18 | | participating
in races limited to Illinois conceived and |
19 | | foaled and Illinois foaled
horses. Any such purse |
20 | | supplements shall not be included in and shall
be paid in |
21 | | addition to any purses, stakes, or breeders' awards offered
|
22 | | by each organization licensee as determined by agreement |
23 | | between such
organization licensee and an organization |
24 | | representing the horsemen. No
monies from the Illinois |
25 | | Thoroughbred Breeders Fund shall be used to provide
purse |
26 | | supplements for claiming races in which the minimum |
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1 | | claiming price is
less than $7,500.
|
2 | | (2) To provide stakes and awards to be paid to the |
3 | | owners of the
winning horses in certain races limited to |
4 | | Illinois conceived and foaled
and Illinois foaled horses |
5 | | designated as stakes races.
|
6 | | (2.5) To provide an award to the owner or owners of an |
7 | | Illinois
conceived and foaled or Illinois foaled horse that |
8 | | wins a
maiden special weight, an allowance, overnight |
9 | | handicap race, or
claiming race with claiming price of |
10 | | $10,000 or more providing the race
is not restricted
to |
11 | | Illinois conceived and foaled or Illinois foaled horses.
|
12 | | Awards shall
also be provided to the owner or owners of |
13 | | Illinois conceived and foaled and
Illinois foaled horses |
14 | | that place second or third in those races. To the
extent
|
15 | | that additional moneys are required to pay the minimum |
16 | | additional awards of 40%
of the purse the horse earns for |
17 | | placing first, second or third in those races
for Illinois |
18 | | foaled horses and of 60% of the purse the horse earns for |
19 | | placing
first, second or third in those races for Illinois
|
20 | | conceived and foaled horses, those moneys shall be provided |
21 | | from the purse
account at the track where earned.
|
22 | | (3) To provide stallion awards to the owner or owners |
23 | | of any
stallion that is duly registered with the Illinois |
24 | | Thoroughbred Breeders
Fund Program prior to the effective |
25 | | date of this amendatory Act of 1995 whose
duly registered |
26 | | Illinois conceived and foaled offspring wins a race |
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1 | | conducted
at an Illinois
thoroughbred racing meeting other |
2 | | than a claiming race , provided that the stallion stood |
3 | | service within Illinois at the time the offspring was |
4 | | conceived and that the stallion did not stand for service |
5 | | outside of Illinois at any time during the year in which |
6 | | the offspring was conceived . Such
award
shall not be paid |
7 | | to the owner or owners of an Illinois stallion that served
|
8 | | outside this State at any time during the calendar year in |
9 | | which such race was
conducted.
|
10 | | (4) To provide $75,000 annually for purses to be
|
11 | | distributed to
county fairs that provide for the running of |
12 | | races during each county
fair exclusively for the |
13 | | thoroughbreds conceived and foaled in
Illinois. The |
14 | | conditions of the races shall be developed by the county
|
15 | | fair association and reviewed by the Department with the |
16 | | advice and
assistance of
the Illinois Thoroughbred |
17 | | Breeders Fund Advisory Board. There shall be no
wagering of |
18 | | any kind on the running
of
Illinois conceived and foaled |
19 | | races at county fairs.
|
20 | | (4.1) To provide purse money for an Illinois stallion |
21 | | stakes program.
|
22 | | (5) No less than 90% 80% of all monies appropriated |
23 | | from the Illinois
Thoroughbred Breeders Fund shall be |
24 | | expended for the purposes in (1), (2),
(2.5), (3), (4), |
25 | | (4.1), and (5) as shown above.
|
26 | | (6) To provide for educational programs regarding the |
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1 | | thoroughbred
breeding industry.
|
2 | | (7) To provide for research programs concerning the |
3 | | health,
development and care of the thoroughbred horse.
|
4 | | (8) To provide for a scholarship and training program |
5 | | for students
of equine veterinary medicine.
|
6 | | (9) To provide for dissemination of public information |
7 | | designed to
promote the breeding of thoroughbred horses in |
8 | | Illinois.
|
9 | | (10) To provide for all expenses incurred in the |
10 | | administration of
the Illinois Thoroughbred Breeders Fund.
|
11 | | (h) The Illinois Thoroughbred Breeders Fund is not subject |
12 | | to administrative charges or chargebacks, including, but not |
13 | | limited to, those authorized under Section 8h of the State |
14 | | Finance Act. Whenever the Governor finds that the amount in the |
15 | | Illinois
Thoroughbred Breeders Fund is more than the total of |
16 | | the outstanding
appropriations from such fund, the Governor |
17 | | shall notify the State
Comptroller and the State Treasurer of |
18 | | such fact. The Comptroller and
the State Treasurer, upon |
19 | | receipt of such notification, shall transfer
such excess amount |
20 | | from the Illinois Thoroughbred Breeders Fund to the
General |
21 | | Revenue Fund.
|
22 | | (i) A sum equal to 13% of the first prize money of every |
23 | | purse won by an Illinois foaled or Illinois conceived and |
24 | | foaled horse in races not limited to Illinois foaled horses or |
25 | | Illinois conceived and foaled horses, or both, shall be paid by |
26 | | the organization licensee conducting the horse race meeting. |
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1 | | Such sum shall be paid 50% from the organization licensee's |
2 | | share of the money wagered and 50% from the purse account as |
3 | | follows: 11 1/2% to the breeder of the winning horse and 1 1/2% |
4 | | to the organization representing thoroughbred breeders and |
5 | | owners who representative serves on the Illinois Thoroughbred |
6 | | Breeders Fund Advisory Board for verifying the amounts of |
7 | | breeders' awards earned, ensuring their distribution in |
8 | | accordance with this Act, and servicing and promoting the |
9 | | Illinois thoroughbred horse racing industry. Beginning in the |
10 | | calendar year in which an organization licensee that is |
11 | | eligible to receive payments under paragraph (13) of subsection |
12 | | (g) of Section 26 of this Act begins to receive funds from |
13 | | electronic gaming, a sum equal to 21 1/2% of the first prize |
14 | | money of every purse won by an Illinois foaled or an Illinois |
15 | | conceived and foaled horse in races not limited to an Illinois |
16 | | conceived and foaled horse, or both, shall be paid 30% from the |
17 | | organization licensee's account and 70% from the purse account |
18 | | as follows: 20% to the breeder of the winning horse and 1 1/2% |
19 | | to the organization representing thoroughbred breeders and |
20 | | owners whose representatives serves on the Illinois |
21 | | Thoroughbred Breeders Fund Advisory Board for verifying the |
22 | | amounts of breeders' awards earned, ensuring their |
23 | | distribution in accordance with this Act, and servicing and |
24 | | promoting the Illinois Thoroughbred racing industry. A sum |
25 | | equal to 12 1/2% of the first prize money of every purse
won by |
26 | | an Illinois foaled or an Illinois conceived and foaled horse in
|
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1 | | races not limited to Illinois foaled horses or Illinois |
2 | | conceived and
foaled horses, or both, shall be paid by the |
3 | | organization licensee
conducting the horse race meeting. Such |
4 | | sum shall be paid from the organization
licensee's share of the |
5 | | money wagered as follows: 11 1/2% to the breeder of
the winning |
6 | | horse and 1% to the organization representing thoroughbred |
7 | | breeders
and owners whose representative serves on the Illinois |
8 | | Thoroughbred Breeders
Fund Advisory Board for verifying the |
9 | | amounts of breeders' awards earned,
assuring their |
10 | | distribution in accordance with this Act, and servicing and
|
11 | | promoting the Illinois thoroughbred horse racing industry. The
|
12 | | organization representing thoroughbred breeders and owners |
13 | | shall cause all
expenditures of monies received under this |
14 | | subsection (i) to be audited
at least annually by a registered |
15 | | public accountant. The organization
shall file copies of each |
16 | | annual audit with the Racing Board, the Clerk of
the House of |
17 | | Representatives and the Secretary of the Senate, and shall
make |
18 | | copies of each annual audit available to the public upon |
19 | | request
and upon payment of the reasonable cost of photocopying |
20 | | the requested
number of copies. Such payments shall not reduce |
21 | | any award to the owner of the
horse or reduce the taxes payable |
22 | | under this Act. Upon completion of its
racing meet, each |
23 | | organization licensee shall deliver to the organization
|
24 | | representing thoroughbred breeders and owners whose |
25 | | representative serves on
the Illinois Thoroughbred Breeders |
26 | | Fund Advisory Board a listing of all the
Illinois foaled and |
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1 | | the Illinois conceived and foaled horses which won
breeders' |
2 | | awards and the amount of such breeders' awards under this |
3 | | subsection
to verify accuracy of payments and assure proper |
4 | | distribution of breeders'
awards in accordance with the |
5 | | provisions of this Act. Such payments shall be
delivered by the |
6 | | organization licensee within 30 days of the end of each race
|
7 | | meeting.
|
8 | | (j) A sum equal to 13% of the first prize money won in |
9 | | every race limited to Illinois foaled horses or Illinois |
10 | | conceived and foaled horses, or both, shall be paid in the |
11 | | following manner by the organization licensee conducting the |
12 | | horse race meeting, 50% from the organization licensee's share |
13 | | of the money wagered and 50% from the purse account as follows: |
14 | | 11 1/2% to the breeders of the horses in each such race which |
15 | | are the official first, second, third, and fourth finishers and |
16 | | 1 1/2% to the organization representing thoroughbred breeders |
17 | | and owners whose representatives serves on the Illinois |
18 | | Thoroughbred Breeders Fund Advisory Board for verifying the |
19 | | amounts of breeders' awards earned, ensuring their proper |
20 | | distribution in accordance with this Act, and servicing and |
21 | | promoting the Illinois horse racing industry. Beginning in the |
22 | | calendar year in which an organization licensee that is |
23 | | eligible to receive payments under paragraph (13) of subsection |
24 | | (g) of Section 26 of this Act begins to receive funds from |
25 | | electronic gaming, a sum of 21 1/2% of every purse in a race |
26 | | limited to Illinois foaled horses or Illinois conceived and |
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1 | | foaled horses, or both, shall be paid by the organization |
2 | | licensee conducting the horse race meeting. Such sum shall be |
3 | | paid 30% from the organization licensee's account and 70% from |
4 | | the purse account as follows: 20% to the breeders of the horses |
5 | | in each such race who are official first, second, third and |
6 | | fourth finishers and 1 1/2% to the organization representing |
7 | | thoroughbred breeders and owners whose representatives serve |
8 | | on the Illinois Thoroughbred Breeders Fund Advisory Board for |
9 | | verifying the amounts of breeders' awards earned, ensuring |
10 | | their proper distribution in accordance with this Act, and |
11 | | servicing and promoting the Illinois thoroughbred horse racing |
12 | | industry. The organization representing thoroughbred breeders |
13 | | and owners shall cause all expenditures of moneys received |
14 | | under this subsection (j) to be audited at least annually by a |
15 | | registered public accountant. The organization shall file |
16 | | copies of each annual audit with the Racing Board, the Clerk of |
17 | | the House of Representatives and the Secretary of the Senate, |
18 | | and shall make copies of each annual audit available to the |
19 | | public upon request and upon payment of the reasonable cost of |
20 | | photocopying the requested number of copies. A sum equal to 12 |
21 | | 1/2% of the first prize money won in each race
limited to |
22 | | Illinois foaled horses or Illinois conceived and foaled
horses, |
23 | | or both, shall be paid in the following manner by the
|
24 | | organization licensee conducting the horse race meeting, from |
25 | | the
organization licensee's share of the money wagered: 11 1/2% |
26 | | to the breeders of
the horses in each such race which are the |
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1 | | official first, second, third
and fourth finishers and 1% to |
2 | | the organization representing thoroughbred
breeders and owners |
3 | | whose representative serves on the Illinois Thoroughbred
|
4 | | Breeders Fund Advisory Board for verifying the amounts of |
5 | | breeders' awards
earned, assuring their proper distribution in |
6 | | accordance with this Act, and
servicing and promoting the |
7 | | Illinois thoroughbred horse racing industry. The
organization |
8 | | representing thoroughbred breeders and owners shall cause all
|
9 | | expenditures of monies received under this subsection (j) to be |
10 | | audited
at least annually by a registered public accountant. |
11 | | The organization
shall file copies of each annual audit with |
12 | | the Racing Board, the Clerk of
the House of Representatives and |
13 | | the Secretary of the Senate, and shall
make copies of each |
14 | | annual audit available to the public upon request
and upon |
15 | | payment of the reasonable cost of photocopying the requested
|
16 | | number of copies.
|
17 | | The amounts 11 1/2% paid to the breeders in accordance with |
18 | | this subsection
shall be distributed as follows:
|
19 | | (1) 60% of such sum shall be paid to the breeder of the |
20 | | horse which
finishes in the official first position;
|
21 | | (2) 20% of such sum shall be paid to the breeder of the |
22 | | horse which
finishes in the official second position;
|
23 | | (3) 15% of such sum shall be paid to the breeder of the |
24 | | horse which
finishes in the official third position; and
|
25 | | (4) 5% of such sum shall be paid to the breeder of the |
26 | | horse which
finishes in the official fourth position.
|
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1 | | Such payments shall not reduce any award to the owners of a |
2 | | horse or
reduce the taxes payable under this Act. Upon |
3 | | completion of its racing meet,
each organization licensee shall |
4 | | deliver to the organization representing
thoroughbred breeders |
5 | | and owners whose representative serves on the Illinois
|
6 | | Thoroughbred Breeders Fund Advisory Board a listing of all the |
7 | | Illinois foaled
and the Illinois conceived and foaled horses |
8 | | which won breeders' awards and the
amount of such breeders' |
9 | | awards in accordance with the provisions of this Act.
Such |
10 | | payments shall be delivered by the organization licensee within |
11 | | 30 days of
the end of each race meeting.
|
12 | | (k) The term "breeder", as used herein, means the owner of |
13 | | the mare at
the time the foal is dropped. An "Illinois foaled |
14 | | horse" is a foal
dropped by a mare which enters this State on |
15 | | or before December 1, in the
year in which the horse is bred,
|
16 | | provided the mare remains continuously in this State until its |
17 | | foal is born. An
"Illinois
foaled
horse" also means a foal born |
18 | | of a mare in the same year
as the
mare enters this State on or |
19 | | before March 1,
and remains in this State at
least 30
days |
20 | | after foaling, is bred back during the season of the foaling to
|
21 | | an
Illinois Registered Stallion (unless a veterinarian |
22 | | certifies that the mare
should not be bred for health reasons), |
23 | | and is not bred to a stallion
standing in any other state |
24 | | during the season of foaling. An "Illinois
foaled horse" also |
25 | | means a foal born in Illinois of a mare purchased at public
|
26 | | auction
subsequent to the mare entering this State on or before |
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1 | | March 1 prior to February 1 of the foaling
year providing the |
2 | | mare is owned solely by one or more Illinois residents or an
|
3 | | Illinois
entity that is entirely owned by one or more Illinois |
4 | | residents.
|
5 | | (l) The Department of Agriculture shall, by rule, with the |
6 | | advice
and assistance of the Illinois Thoroughbred Breeders |
7 | | Fund Advisory
Board:
|
8 | | (1) Qualify stallions for Illinois breeding; such |
9 | | stallions to stand for
service within the State of Illinois |
10 | | at the time of a foal's conception. Such
stallion must not |
11 | | stand for service at any place outside the State of |
12 | | Illinois
during the calendar year in which the foal is |
13 | | conceived.
The Department of Agriculture may assess and |
14 | | collect an application fee of up to $500 fees for the
|
15 | | registration of Illinois-eligible stallions. All fees |
16 | | collected are to be held in trust accounts for the purposes |
17 | | set forth in this Act and in accordance with Section 205-15 |
18 | | of the Department of Agriculture Law paid
into the Illinois |
19 | | Thoroughbred Breeders Fund .
|
20 | | (2) Provide for the registration of Illinois conceived |
21 | | and foaled
horses and Illinois foaled horses. No such horse |
22 | | shall compete in
the races limited to Illinois conceived |
23 | | and foaled horses or Illinois
foaled horses or both unless |
24 | | registered with the Department of
Agriculture. The |
25 | | Department of Agriculture may prescribe such forms as
are |
26 | | necessary to determine the eligibility of such horses. The |
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1 | | Department of
Agriculture may assess and collect |
2 | | application fees for the registration of
Illinois-eligible |
3 | | foals. All fees collected are to be held in trust accounts |
4 | | for the purposes set forth in this Act and in accordance |
5 | | with Section 205-15 of the Department of Agriculture Law |
6 | | paid into the Illinois
Thoroughbred Breeders Fund . No |
7 | | person
shall knowingly prepare or cause preparation of an |
8 | | application for
registration of such foals containing |
9 | | false information.
|
10 | | (m) The Department of Agriculture, with the advice and |
11 | | assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
12 | | Board, shall provide that certain races
limited to Illinois |
13 | | conceived and foaled and Illinois foaled horses be
stakes races |
14 | | and determine the total amount of stakes and awards to be paid
|
15 | | to the owners of the winning horses in such races.
|
16 | | In determining the stakes races and the amount of awards |
17 | | for such races,
the Department of Agriculture shall consider |
18 | | factors, including but not
limited to, the amount of money |
19 | | appropriated for the Illinois Thoroughbred
Breeders Fund |
20 | | program, organization licensees' contributions,
availability |
21 | | of stakes caliber horses as demonstrated by past performances,
|
22 | | whether the race can be coordinated into the proposed racing |
23 | | dates within
organization licensees' racing dates, opportunity |
24 | | for
colts and fillies
and various age groups to race, public |
25 | | wagering on such races, and the
previous racing schedule.
|
26 | | (n) The Board and the organizational licensee shall
notify |
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1 | | the Department of the conditions and minimum purses for races
|
2 | | limited to Illinois conceived and foaled and Illinois foaled |
3 | | horses
conducted for each organizational licensee conducting a |
4 | | thoroughbred racing
meeting. The Department of Agriculture |
5 | | with the advice and assistance of
the Illinois Thoroughbred |
6 | | Breeders Fund Advisory Board may allocate monies
for purse |
7 | | supplements for such races. In determining whether to allocate
|
8 | | money and the amount, the Department of Agriculture shall |
9 | | consider factors,
including but not limited to, the amount of |
10 | | money appropriated for the
Illinois Thoroughbred Breeders Fund |
11 | | program, the number of races that may
occur, and the |
12 | | organizational licensee's purse structure.
|
13 | | (o) (Blank).
|
14 | | (Source: P.A. 98-692, eff. 7-1-14.)
|
15 | | (230 ILCS 5/30.5)
|
16 | | Sec. 30.5. Illinois Racing Quarter Horse Breeders Fund.
|
17 | | (a) The General Assembly declares that it is the policy of |
18 | | this State to
encourage the breeding of racing quarter horses |
19 | | in this State and the ownership
of such horses by residents of |
20 | | this State in order to provide for sufficient
numbers of high |
21 | | quality racing quarter horses in this State and to establish
|
22 | | and
preserve the agricultural and commercial benefits of such |
23 | | breeding and racing
industries to the State of Illinois. It is |
24 | | the intent of the General Assembly
to
further this policy by |
25 | | the provisions of this Act.
|
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1 | | (b) There is hereby created non-appropriated trust a |
2 | | special fund in the State Treasury to be
known as the Illinois |
3 | | Racing Quarter Horse Breeders Fund , which is held separately |
4 | | from State moneys . Except as provided
in
subsection (g) of |
5 | | Section 27 of this Act, 8.5% of all the moneys received by
the
|
6 | | State as pari-mutuel taxes on quarter horse racing shall be |
7 | | paid into the
Illinois
Racing Quarter Horse Breeders Fund. The |
8 | | Illinois Racing Quarter Horse Breeders Fund shall not be |
9 | | subject to administrative charges or chargebacks, including, |
10 | | but not
limited to, those authorized under Section 8h of the |
11 | | State Finance Act.
|
12 | | (c) The Illinois Racing Quarter Horse Breeders Fund shall |
13 | | be administered
by the Department of Agriculture with the |
14 | | advice and assistance of the Advisory
Board created in |
15 | | subsection (d) of this Section.
|
16 | | (d) The Illinois Racing Quarter Horse Breeders Fund |
17 | | Advisory Board shall
consist of the Director of the Department |
18 | | of Agriculture, who shall serve as
Chairman; a member of the |
19 | | Illinois Racing Board, designated by it; one
representative of |
20 | | the organization licensees conducting pari-mutuel
quarter |
21 | | horse racing meetings,
recommended by them; 2 representatives |
22 | | of the Illinois Running Quarter Horse
Association, recommended |
23 | | by it; and the Superintendent of Fairs and Promotions
from the |
24 | | Department of Agriculture. Advisory Board members shall serve |
25 | | for 2
years commencing January 1 of each odd numbered year. If |
26 | | representatives have
not
been recommended by January 1 of each |
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1 | | odd numbered year, the Director of the
Department of |
2 | | Agriculture may make an appointment for the organization |
3 | | failing
to
so recommend a member of the Advisory Board. |
4 | | Advisory Board members shall
receive
no compensation for their |
5 | | services as members but may be reimbursed for all
actual and |
6 | | necessary expenses and disbursements incurred in the execution |
7 | | of
their official duties.
|
8 | | (e) Moneys in No moneys shall be expended from the Illinois |
9 | | Racing Quarter Horse
Breeders Fund except as appropriated by |
10 | | the General Assembly. Moneys
appropriated
from the Illinois |
11 | | Racing Quarter Horse Breeders Fund shall be expended by the
|
12 | | Department of Agriculture, with the advice and assistance of |
13 | | the Illinois
Racing
Quarter Horse Breeders Fund Advisory Board, |
14 | | for the following purposes only:
|
15 | | (1) To provide stakes and awards to be paid to the
|
16 | | owners of the winning horses in certain races. This |
17 | | provision
is limited to Illinois conceived and foaled |
18 | | horses.
|
19 | | (2) To provide an award to the owner or owners of an |
20 | | Illinois
conceived and foaled horse that wins a race when |
21 | | pari-mutuel wagering is
conducted; providing the race is |
22 | | not restricted to Illinois conceived and
foaled horses.
|
23 | | (3) To provide purse money for an Illinois stallion |
24 | | stakes program.
|
25 | | (4) To provide for purses to be distributed for the |
26 | | running of races
during the Illinois State Fair and the |
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1 | | DuQuoin State Fair exclusively for
quarter horses |
2 | | conceived and foaled in Illinois.
|
3 | | (5) To provide for purses to be distributed for the |
4 | | running of races
at Illinois county fairs exclusively for |
5 | | quarter horses conceived and foaled
in Illinois.
|
6 | | (6) To provide for purses to be distributed for running |
7 | | races
exclusively for quarter horses conceived and foaled |
8 | | in Illinois at locations
in Illinois determined by the |
9 | | Department of Agriculture with advice and
consent of the |
10 | | Illinois Racing Quarter Horse Breeders Fund Advisory |
11 | | Board.
|
12 | | (7) No less than 90% of all moneys appropriated from |
13 | | the Illinois
Racing Quarter Horse Breeders Fund shall be |
14 | | expended for the purposes in
items (1), (2), (3), (4), and |
15 | | (5) of this subsection (e).
|
16 | | (8) To provide for research programs concerning the |
17 | | health,
development, and care of racing quarter horses.
|
18 | | (9) To provide for dissemination of public information |
19 | | designed to
promote the breeding of racing quarter horses |
20 | | in Illinois.
|
21 | | (10) To provide for expenses incurred in the |
22 | | administration of the
Illinois Racing Quarter Horse |
23 | | Breeders Fund.
|
24 | | (f) The Department of Agriculture shall, by rule, with the |
25 | | advice and
assistance of the Illinois Racing Quarter Horse |
26 | | Breeders Fund Advisory Board:
|
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1 | | (1) Qualify stallions for Illinois breeding; such |
2 | | stallions to stand
for service within the State of |
3 | | Illinois, at the time of a foal's
conception. Such stallion |
4 | | must not stand for service at any place outside
the State |
5 | | of Illinois during the calendar year in which the foal is
|
6 | | conceived. The Department of Agriculture may assess and |
7 | | collect application
fees for the registration of |
8 | | Illinois-eligible stallions. All fees collected
are to be |
9 | | paid into the Illinois Racing Quarter Horse Breeders Fund.
|
10 | | (2) Provide for the registration of Illinois conceived |
11 | | and foaled
horses. No such horse shall compete in the races |
12 | | limited to Illinois
conceived and foaled horses unless it |
13 | | is registered with the Department of
Agriculture. The |
14 | | Department of Agriculture may prescribe such forms as are
|
15 | | necessary to determine the eligibility of such horses. The |
16 | | Department of
Agriculture may assess and collect |
17 | | application fees for the registration of
Illinois-eligible |
18 | | foals. All fees collected are to be paid into the Illinois
|
19 | | Racing Quarter Horse Breeders Fund. No person shall |
20 | | knowingly prepare or
cause preparation of an application |
21 | | for registration of such foals that
contains false |
22 | | information.
|
23 | | (g) The Department of Agriculture, with the advice and |
24 | | assistance of the
Illinois Racing Quarter Horse Breeders Fund |
25 | | Advisory Board, shall provide that
certain races limited to |
26 | | Illinois conceived and foaled be stakes races and
determine the |
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1 | | total amount of stakes and awards to be paid to the owners of |
2 | | the
winning horses in such races.
|
3 | | (Source: P.A. 98-463, eff. 8-16-13.)
|
4 | | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
|
5 | | Sec. 31.
(a) The General Assembly declares that it is the |
6 | | policy of
this State to encourage the breeding of standardbred |
7 | | horses in this
State and the ownership of such horses by |
8 | | residents of this State in
order to provide for: sufficient |
9 | | numbers of high quality standardbred
horses to participate in |
10 | | harness racing meetings in this State, and to
establish and |
11 | | preserve the agricultural and commercial benefits of such
|
12 | | breeding and racing industries to the State of Illinois. It is |
13 | | the
intent of the General Assembly to further this policy by |
14 | | the provisions
of this Section of this Act.
|
15 | | (b) Each organization licensee conducting a harness
racing |
16 | | meeting pursuant to this Act shall provide for at least two |
17 | | races each
race program limited to
Illinois conceived and |
18 | | foaled horses. A minimum of 6 races shall be
conducted each |
19 | | week limited to Illinois conceived and foaled horses. No
horses |
20 | | shall be permitted to start in such races unless duly |
21 | | registered
under the rules of the Department of Agriculture.
|
22 | | (b-5) Organization licensees, not including the Illinois |
23 | | State Fair or the DuQuoin State Fair, shall provide stake races |
24 | | and early closer races for Illinois conceived and foaled horses |
25 | | so that purses distributed for such races shall be no less than |
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1 | | 17% of total purses distributed for harness racing in that |
2 | | calendar year in addition to any stakes payments and starting |
3 | | fees contributed by horse owners. |
4 | | (b-10) Each organization licensee conducting a harness |
5 | | racing meeting
pursuant to this Act shall provide an owner |
6 | | award to be paid from the purse
account equal to 25% of the |
7 | | amount earned by Illinois conceived and foaled
horses in races |
8 | | that are not restricted to Illinois conceived and foaled
|
9 | | horses. The owner awards shall not be paid on races below the |
10 | | $10,000 claiming class. |
11 | | (c) Conditions of races under subsection (b) shall be |
12 | | commensurate
with past performance, quality and class of |
13 | | Illinois conceived and
foaled horses available. If, however, |
14 | | sufficient competition cannot be
had among horses of that class |
15 | | on any day, the races may, with consent
of the Board, be |
16 | | eliminated for that day and substitute races provided.
|
17 | | (d) There is hereby created a special fund of the State |
18 | | Treasury to
be known as the Illinois Standardbred Breeders |
19 | | Fund.
|
20 | | During the calendar year 1981, and each year thereafter, |
21 | | except as provided
in subsection (g) of Section 27 of this Act, |
22 | | eight and one-half
per cent of all the monies received by the |
23 | | State as privilege taxes on
harness racing meetings shall be |
24 | | paid into the Illinois Standardbred
Breeders Fund.
|
25 | | (e) The Illinois Standardbred Breeders Fund shall be |
26 | | administered by
the Department of Agriculture with the |
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1 | | assistance and advice of the
Advisory Board created in |
2 | | subsection (f) of this Section.
|
3 | | (f) The Illinois Standardbred Breeders Fund Advisory Board |
4 | | is hereby
created. The Advisory Board shall consist of the |
5 | | Director of the
Department of Agriculture, who shall serve as |
6 | | Chairman; the
Superintendent of the Illinois State Fair; a |
7 | | member of the Illinois
Racing Board, designated by it; a |
8 | | representative of the largest association of Illinois |
9 | | standardbred owners and breeders, recommended by it; a
|
10 | | representative of a statewide association representing |
11 | | agricultural fairs in Illinois,
recommended by it, such |
12 | | representative to be from a fair at which
Illinois conceived |
13 | | and foaled racing is conducted; a representative of
the |
14 | | organization licensees conducting harness racing
meetings, |
15 | | recommended by them; a representative of the Breeder's |
16 | | Committee of the association representing the largest number of |
17 | | standardbred owners, breeders, trainers, caretakers, and |
18 | | drivers, recommended by it;
and a representative of the |
19 | | association representing the largest number of standardbred |
20 | | owners, breeders, trainers, caretakers, and drivers,
|
21 | | recommended by it. Advisory Board members shall serve for 2 |
22 | | years
commencing January 1 of each odd numbered year. If |
23 | | representatives of
the largest association of Illinois |
24 | | standardbred owners and breeders, a statewide association of |
25 | | agricultural fairs in Illinois, the association representing |
26 | | the largest number of standardbred owners, breeders, trainers, |
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1 | | caretakers, and drivers, a member of the Breeder's Committee of |
2 | | the association representing the largest number of |
3 | | standardbred owners, breeders, trainers, caretakers, and |
4 | | drivers, and the organization licensees conducting
harness |
5 | | racing meetings
have not been recommended by January 1 of each |
6 | | odd numbered year, the
Director of the Department of |
7 | | Agriculture shall make an appointment for
the organization |
8 | | failing to so recommend a member of the Advisory Board.
|
9 | | Advisory Board members shall receive no compensation for their |
10 | | services
as members but shall be reimbursed for all actual and |
11 | | necessary expenses
and disbursements incurred in the execution |
12 | | of their official duties.
|
13 | | (g) No monies shall be expended from the Illinois |
14 | | Standardbred
Breeders Fund except as appropriated by the |
15 | | General Assembly. Monies
appropriated from the Illinois |
16 | | Standardbred Breeders Fund shall be
expended by the Department |
17 | | of Agriculture, with the assistance and
advice of the Illinois |
18 | | Standardbred Breeders Fund Advisory Board for the
following |
19 | | purposes only:
|
20 | | 1. To provide purses for races limited to Illinois |
21 | | conceived and
foaled horses at the State Fair and the |
22 | | DuQuoin State Fair .
|
23 | | 2. To provide purses for races limited to Illinois |
24 | | conceived and
foaled horses at county fairs.
|
25 | | 3. To provide purse supplements for races limited to |
26 | | Illinois
conceived and foaled horses conducted by |
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1 | | associations conducting harness
racing meetings.
|
2 | | 4. No less than 75% of all monies in the Illinois |
3 | | Standardbred
Breeders Fund shall be expended for purses in |
4 | | 1, 2 and 3 as shown above.
|
5 | | 5. In the discretion of the Department of Agriculture |
6 | | to provide
awards to harness breeders of Illinois conceived |
7 | | and foaled horses which
win races conducted by organization |
8 | | licensees
conducting harness racing meetings.
A breeder is |
9 | | the owner of a mare at the time of conception. No more
than |
10 | | 10% of all monies appropriated from the Illinois
|
11 | | Standardbred Breeders Fund shall
be expended for such |
12 | | harness breeders awards. No more than 25% of the
amount |
13 | | expended for harness breeders awards shall be expended for
|
14 | | expenses incurred in the administration of such harness |
15 | | breeders awards.
|
16 | | 6. To pay for the improvement of racing facilities |
17 | | located at the
State Fair and County fairs.
|
18 | | 7. To pay the expenses incurred in the administration |
19 | | of the
Illinois Standardbred Breeders Fund.
|
20 | | 8. To promote the sport of harness racing , including |
21 | | grants up to a
maximum of $7,500 per fair per year for |
22 | | conducting pari-mutuel wagering during the advertised |
23 | | dates of a
county fair .
|
24 | | 9. To pay up to $50,000 annually for the Department of |
25 | | Agriculture to conduct drug testing at county fairs racing |
26 | | standardbred horses. |
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1 | | (h) (Blank) Whenever the Governor finds that the amount in |
2 | | the Illinois
Standardbred Breeders Fund is more than the total |
3 | | of the outstanding
appropriations from such fund, the Governor |
4 | | shall notify the State
Comptroller and the State Treasurer of |
5 | | such fact. The Comptroller and
the State Treasurer, upon |
6 | | receipt of such notification, shall transfer
such excess amount |
7 | | from the Illinois Standardbred Breeders Fund to the
General |
8 | | Revenue Fund .
|
9 | | (i) A sum equal to 13% 12 1/2% of the first prize money of |
10 | | the gross every purse
won by an Illinois conceived and foaled |
11 | | horse shall be paid 50% by the
organization licensee conducting |
12 | | the horse race meeting to the breeder
of such winning horse |
13 | | from the organization licensee's account and 50% from the purse |
14 | | account of the licensee share of the
money wagered .
Such |
15 | | payment
shall not reduce any award to the owner of
the horse or |
16 | | reduce the taxes payable under this Act. Such payment
shall be |
17 | | delivered by the organization licensee at the end of each |
18 | | quarter race
meeting .
|
19 | | (j) The Department of Agriculture shall, by rule, with the
|
20 | | assistance and advice of the Illinois Standardbred Breeders |
21 | | Fund
Advisory Board:
|
22 | | 1. Qualify stallions for Illinois Standardbred |
23 | | Breeders Fund breeding ; such stallion
shall be owned by a |
24 | | resident of the State of Illinois or by an Illinois
|
25 | | corporation all of whose shareholders, directors, officers |
26 | | and
incorporators are residents of the State of Illinois . |
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1 | | Such stallion shall
stand for
service at and within the |
2 | | State of Illinois at the time of a foal's
conception, and |
3 | | such stallion must not stand for service at any place , nor
|
4 | | may semen from such stallion be transported,
outside the |
5 | | State of Illinois during that calendar year in which the
|
6 | | foal is conceived and that the owner of the stallion was |
7 | | for the
12
months prior, a resident of Illinois . Foals |
8 | | conceived outside the State of Illinois from shipped semen |
9 | | from a
stallion qualified for breeders' awards under this |
10 | | Section are
not eligible to participate in the Illinois |
11 | | conceived and foaled program.
The articles of agreement of |
12 | | any partnership, joint venture, limited
partnership, |
13 | | syndicate, association or corporation and any bylaws and |
14 | | stock
certificates must contain a restriction that |
15 | | provides that the ownership or
transfer of interest by any |
16 | | one of the persons a party to the agreement can
only be |
17 | | made to a person who qualifies as an Illinois resident.
|
18 | | 2. Provide for the registration of Illinois conceived |
19 | | and foaled
horses and no such horse shall compete in the |
20 | | races limited to Illinois
conceived and foaled horses |
21 | | unless registered with the Department of
Agriculture. The |
22 | | Department of Agriculture may prescribe such forms as
may |
23 | | be necessary to determine the eligibility of such horses. |
24 | | No person
shall knowingly prepare or cause preparation of |
25 | | an application for
registration of such foals containing |
26 | | false information.
A mare (dam) must be in the state at |
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1 | | least 180 30 days prior to foaling or
remain in the State |
2 | | at least 30 days at the time of foaling.
Beginning with the |
3 | | 1996 breeding season and for foals of 1997 and thereafter,
|
4 | | a foal conceived in the State of Illinois by transported |
5 | | fresh semen may be eligible for Illinois
conceived and |
6 | | foaled registration provided all breeding and foaling
|
7 | | requirements are met. The stallion must be qualified for |
8 | | Illinois Standardbred
Breeders Fund breeding at the time of |
9 | | conception and the mare must be
inseminated within the |
10 | | State of Illinois. The foal must be dropped in Illinois
and |
11 | | properly registered with the Department of Agriculture in |
12 | | accordance with
this Act.
|
13 | | 3. Provide that at least a 5 day racing program shall |
14 | | be conducted
at the State Fair each year, which program |
15 | | shall include at least the
following races limited to |
16 | | Illinois conceived and foaled horses: (a) a
two year old |
17 | | Trot and Pace, and Filly Division of each; (b) a three
year |
18 | | old Trot and Pace, and Filly Division of each; (c) an aged |
19 | | Trot and Pace,
and Mare Division of each.
|
20 | | 4. Provide for the payment of nominating, sustaining |
21 | | and starting
fees for races promoting the sport of harness |
22 | | racing and for the races
to be conducted at the State Fair |
23 | | as provided in
subsection (j) 3 of this Section provided |
24 | | that the nominating,
sustaining and starting payment |
25 | | required from an entrant shall not
exceed 2% of the purse |
26 | | of such race. All nominating, sustaining and
starting |
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1 | | payments shall be held for the benefit of entrants and |
2 | | shall be
paid out as part of the respective purses for such |
3 | | races.
Nominating, sustaining and starting fees shall be |
4 | | held in trust accounts
for the purposes as set forth in |
5 | | this Act and in accordance with Section
205-15 of the |
6 | | Department of Agriculture Law (20 ILCS
205/205-15).
|
7 | | 5. Provide for the registration with the Department of |
8 | | Agriculture
of Colt Associations or county fairs desiring |
9 | | to sponsor races at county
fairs.
|
10 | | 6. Provide for the promotion of producing standardbred |
11 | | racehorses by providing a bonus award program for owners of |
12 | | 2-year-old horses that win multiple major stakes races that |
13 | | are limited to Illinois conceived and foaled horses. |
14 | | (k) The Department of Agriculture, with the advice and |
15 | | assistance of the
Illinois
Standardbred Breeders Fund Advisory |
16 | | Board, may allocate monies for purse
supplements for such |
17 | | races. In determining whether to allocate money and
the amount, |
18 | | the Department
of Agriculture shall consider factors, |
19 | | including but not limited to, the
amount of money appropriated |
20 | | for the Illinois Standardbred Breeders Fund
program, the number |
21 | | of races that may occur, and an organizational
licensee's purse |
22 | | structure. The organizational licensee shall notify the
|
23 | | Department of Agriculture of the conditions and minimum purses |
24 | | for races
limited to Illinois conceived and foaled horses to be |
25 | | conducted by each
organizational licensee conducting a harness |
26 | | racing meeting for which purse
supplements have been |
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1 | | negotiated.
|
2 | | (l) All races held at county fairs and the State Fair which |
3 | | receive funds
from the Illinois Standardbred Breeders Fund |
4 | | shall be conducted in
accordance with the rules of the United |
5 | | States Trotting Association unless
otherwise modified by the |
6 | | Department of Agriculture.
|
7 | | (m) At all standardbred race meetings held or conducted |
8 | | under authority of a
license granted by the Board, and at all |
9 | | standardbred races held at county
fairs which are approved by |
10 | | the Department of Agriculture or at the
Illinois or DuQuoin |
11 | | State Fairs, no one shall jog, train, warm up or drive
a |
12 | | standardbred horse unless he or she is wearing a protective |
13 | | safety helmet,
with the
chin strap fastened and in place, which |
14 | | meets the standards and
requirements as set forth in the 1984 |
15 | | Standard for Protective Headgear for
Use in Harness Racing and |
16 | | Other Equestrian Sports published by the Snell
Memorial |
17 | | Foundation, or any standards and requirements for headgear the
|
18 | | Illinois Racing Board may approve. Any other standards and |
19 | | requirements so
approved by the Board shall equal or exceed |
20 | | those published by the Snell
Memorial Foundation. Any |
21 | | equestrian helmet bearing the Snell label shall
be deemed to |
22 | | have met those standards and requirements.
|
23 | | (Source: P.A. 99-756, eff. 8-12-16.)
|
24 | | (230 ILCS 5/32.1)
|
25 | | Sec. 32.1. Pari-mutuel tax credit; statewide racetrack |
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1 | | real estate
equalization.
|
2 | | (a) In order to encourage new investment in Illinois |
3 | | racetrack facilities and
mitigate differing real estate tax |
4 | | burdens among all racetracks, the licensees
affiliated or |
5 | | associated with each racetrack that has been awarded live |
6 | | racing
dates in the current year shall receive an immediate |
7 | | pari-mutuel tax credit in
an amount equal to the greater of (i) |
8 | | 50% of the amount of the real estate
taxes paid in the prior |
9 | | year attributable to that racetrack, or (ii) the amount
by |
10 | | which the real estate taxes paid in the prior year attributable |
11 | | to that
racetrack exceeds 60% of the average real estate taxes |
12 | | paid in the prior year
for all racetracks awarded live horse |
13 | | racing meets in the current year.
|
14 | | Each year, regardless of whether the organization licensee |
15 | | conducted live
racing in the year of certification, the
Board |
16 | | shall certify in writing, prior to December 31, the real
estate |
17 | | taxes paid in that year for each racetrack and the amount of |
18 | | the
pari-mutuel tax credit that each organization licensee, |
19 | | inter-track wagering
licensee, and inter-track wagering |
20 | | location licensee that derives its license
from such racetrack |
21 | | is entitled in the succeeding calendar year. The real
estate |
22 | | taxes considered under this Section
for any racetrack shall be |
23 | | those taxes on the real estate parcels and related
facilities |
24 | | used to conduct a horse race meeting and inter-track wagering |
25 | | at
such
racetrack under this Act.
In no event shall the amount |
26 | | of the tax credit under this Section exceed the
amount of |
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1 | | pari-mutuel taxes otherwise calculated under this Act.
The |
2 | | amount of the tax credit under this Section
shall be retained |
3 | | by each licensee and shall not be subject to any reallocation
|
4 | | or further distribution under this Act. The Board may |
5 | | promulgate emergency
rules to implement this Section.
|
6 | | (b) If the organization licensee is operating electronic |
7 | | gaming, then, for the 5-year period beginning on the January 1 |
8 | | of the calendar year immediately following the calendar year |
9 | | during which an organization licensee begins conducting |
10 | | electronic gaming operations pursuant to an electronic gaming |
11 | | license issued under the Illinois Gambling Act, the |
12 | | organization licensee shall make capital expenditures, in an |
13 | | amount equal to no less than 50% of the tax credit under this |
14 | | Section, to the improvement and maintenance of the backstretch, |
15 | | including, but not limited to, backstretch barns, dormitories, |
16 | | and services for backstretch workers. Those capital |
17 | | expenditures must be in addition to, and not in lieu of, the |
18 | | capital expenditures made for backstretch improvements in |
19 | | calendar year 2015, as reported to the Board in the |
20 | | organization licensee's application for racing dates and as |
21 | | certified by the Board. The organization licensee is required |
22 | | to annually submit the list and amounts of these capital |
23 | | expenditures to the Board by January 30th of the year following |
24 | | the expenditure. |
25 | | (c) If the organization licensee is operating electronic |
26 | | gaming in accordance with paragraph (b), then, after the 5-year |
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1 | | period beginning on January 1 of the calendar year immediately |
2 | | following the calendar year during which an organization |
3 | | licensee begins conducting electronic gaming operations |
4 | | pursuant to an electronic gaming license issued under the |
5 | | Illinois Gambling Act, the organization license is ineligible |
6 | | to receive a tax credit under this Section. |
7 | | (Source: P.A. 100-201, eff. 8-18-17.)
|
8 | | (230 ILCS 5/34.3 new) |
9 | | Sec. 34.3. Drug testing. The Illinois Racing Board and the |
10 | | Department of Agriculture shall jointly establish a program for |
11 | | the purpose of conducting drug testing of horses at county |
12 | | fairs and shall adopt any rules necessary for enforcement of |
13 | | the program. The rules shall include appropriate penalties for |
14 | | violations.
|
15 | | (230 ILCS 5/36)
(from Ch. 8, par. 37-36)
|
16 | | Sec. 36. (a) Whoever administers or conspires to administer |
17 | | to
any horse a hypnotic, narcotic, stimulant, depressant or any |
18 | | chemical
substance which may affect the speed of a horse at any |
19 | | time in any race
where the purse or any part of the purse is |
20 | | made of money authorized by any
Section of this Act , except |
21 | | those chemical substances permitted by ruling of
the Board, |
22 | | internally, externally or by hypodermic method in a race or |
23 | | prior
thereto, or whoever knowingly enters a horse in any race |
24 | | within a period of 24
hours after any hypnotic, narcotic, |
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1 | | stimulant, depressant or any other chemical
substance which may |
2 | | affect the speed of a horse at any time, except those
chemical |
3 | | substances permitted by ruling of the Board, has been |
4 | | administered to
such horse either internally or externally or |
5 | | by hypodermic method for the
purpose of increasing or retarding |
6 | | the speed of such horse shall be guilty of a
Class 4 felony. |
7 | | The Board shall suspend or revoke such violator's license.
|
8 | | (b) The term "hypnotic" as used in this Section includes |
9 | | all barbituric
acid preparations and derivatives.
|
10 | | (c) The term "narcotic" as used in this Section includes |
11 | | opium and
all its alkaloids, salts, preparations and |
12 | | derivatives, cocaine
and all its salts, preparations and |
13 | | derivatives and substitutes.
|
14 | | (d) The provisions of this Section 36 and the treatment |
15 | | authorized herein
apply to horses entered in and competing in |
16 | | race meetings as defined in
Section 3.07 of this Act and to |
17 | | horses entered in and competing at any county
fair.
|
18 | | (Source: P.A. 79-1185.)
|
19 | | (230 ILCS 5/40) (from Ch. 8, par. 37-40)
|
20 | | Sec. 40.
(a) The imposition of any fine or penalty provided |
21 | | in this Act
shall not preclude the Board in its rules and |
22 | | regulations from imposing a
fine or penalty for any other |
23 | | action which, in the Board's discretion, is a
detriment or |
24 | | impediment to horse racing.
|
25 | | (b) The Director of Agriculture or his or her authorized |
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1 | | representative
shall impose the following monetary penalties |
2 | | and hold administrative
hearings as required for failure to |
3 | | submit the following applications,
lists, or reports within the |
4 | | time period, date or manner required by
statute or rule or for |
5 | | removing a foal from Illinois prior to inspection:
|
6 | | (1) late filing of a renewal application for offering |
7 | | or standing
stallion for service:
|
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 45 |
11 | | days late, $150; or
|
12 | | (C) if an application is submitted more than 45 |
13 | | days late, if filing
of the application is allowed |
14 | | under an administrative hearing, $250;
|
15 | | (2) late filing of list or report of mares bred:
|
16 | | (A) if a list or report is submitted no more than |
17 | | 30 days late, $50;
|
18 | | (B) if a list or report is submitted no more than |
19 | | 60 days late, $150; or
|
20 | | (C) if a list or report is submitted more than 60 |
21 | | days late, if filing
of the list or report is allowed |
22 | | under an administrative hearing, $250;
|
23 | | (3) filing an Illinois foaled thoroughbred mare status |
24 | | report after the statutory deadline as provided in |
25 | | subsection (k) of Section 30 of this Act
December 31 :
|
26 | | (A) if a report is submitted no more than 30 days |
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1 | | late, $50;
|
2 | | (B) if a report is submitted no more than 90 days |
3 | | late, $150;
|
4 | | (C) if a report is submitted no more than 150 days |
5 | | late, $250; or
|
6 | | (D) if a report is submitted more than 150 days |
7 | | late, if filing of
the report is allowed under an |
8 | | administrative hearing, $500;
|
9 | | (4) late filing of application for foal eligibility |
10 | | certificate:
|
11 | | (A) if an application is submitted no more than 30 |
12 | | days late, $50;
|
13 | | (B) if an application is submitted no more than 90 |
14 | | days late, $150;
|
15 | | (C) if an application is submitted no more than 150 |
16 | | days late, $250; or
|
17 | | (D) if an application is submitted more than 150 |
18 | | days late, if
filing of the application is allowed |
19 | | under an administrative hearing, $500;
|
20 | | (5) failure to report the intent to remove a foal from |
21 | | Illinois prior
to inspection, identification and |
22 | | certification by a Department of
Agriculture investigator, |
23 | | $50; and
|
24 | | (6) if a list or report of mares bred is incomplete, |
25 | | $50 per mare not
included on the list or report.
|
26 | | Any person upon whom monetary penalties are imposed under |
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1 | | this Section 3
times within a 5-year period shall have any |
2 | | further monetary penalties
imposed at double the amounts set |
3 | | forth above. All monies assessed and
collected for violations |
4 | | relating to thoroughbreds shall be paid into the
Illinois |
5 | | Thoroughbred Breeders Fund. All monies assessed and collected |
6 | | for
violations relating to standardbreds shall be paid into the |
7 | | Illinois Standardbred
Breeders Fund.
|
8 | | (Source: P.A. 99-933, eff. 1-27-17; 100-201, eff. 8-18-17.)
|
9 | | (230 ILCS 5/54.75)
|
10 | | Sec. 54.75. Horse Racing Equity Trust Fund. |
11 | | (a) There is created a Fund to be known as the Horse
Racing
|
12 | | Equity Trust Fund, which is a non-appropriated trust fund held |
13 | | separate and apart from State moneys. The Fund shall consist of |
14 | | moneys paid into it by owners licensees under
the Illinois |
15 | | Riverboat Gambling Act for the purposes described in this |
16 | | Section. The Fund shall
be administered
by the Board. Moneys in |
17 | | the Fund shall be distributed as directed and certified by the |
18 | | Board in accordance with the provisions of subsection (b). |
19 | | (b) The moneys deposited into the Fund, plus any accrued |
20 | | interest on those moneys, shall be distributed
within 10 days |
21 | | after those moneys are deposited into the Fund as follows: |
22 | | (1) Sixty percent of all moneys distributed under this |
23 | | subsection shall be
distributed to organization licensees |
24 | | to be distributed at their race
meetings as purses. |
25 | | Fifty-seven percent of the amount distributed under this
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1 | | paragraph (1) shall be distributed for thoroughbred race |
2 | | meetings and
43% shall be distributed for standardbred race |
3 | | meetings. Within each
breed, moneys shall be allocated to |
4 | | each organization licensee's purse
fund in accordance with |
5 | | the ratio between the purses generated for that
breed by |
6 | | that licensee during the prior calendar year and the total |
7 | | purses
generated throughout the State for that breed during |
8 | | the prior calendar
year by licensees in the current |
9 | | calendar year. |
10 | | (2) The remaining 40% of the moneys distributed under |
11 | | this
subsection (b) shall be distributed as follows: |
12 | | (A) 11% shall be distributed to any person (or its |
13 | | successors or assigns) who had operating control of a |
14 | | racetrack that conducted live racing in 2002 at a |
15 | | racetrack in a
county with at least 230,000 inhabitants |
16 | | that borders the Mississippi River and is a licensee in |
17 | | the current year; and |
18 | | (B) the remaining 89% shall be distributed pro rata
|
19 | | according to the aggregate
proportion of total handle |
20 | | from wagering on live races conducted in Illinois |
21 | | (irrespective of where the wagers are placed) for |
22 | | calendar years 2004 and 2005
to any person (or its
|
23 | | successors or assigns) who (i) had
majority operating |
24 | | control of a racing facility at which live racing was |
25 | | conducted in
calendar year 2002, (ii) is a licensee in |
26 | | the current
year, and (iii) is not eligible to receive |
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1 | | moneys under subparagraph (A) of this paragraph (2). |
2 | | The moneys received by an organization licensee |
3 | | under this paragraph (2) shall be used by each |
4 | | organization licensee to improve, maintain, market, |
5 | | and otherwise operate its racing facilities to conduct |
6 | | live racing, which shall include backstretch services |
7 | | and capital improvements related to live racing and the |
8 | | backstretch. Any organization licensees sharing common |
9 | | ownership may pool the moneys received and spent at all |
10 | | racing facilities commonly owned in order to meet these |
11 | | requirements. |
12 | | If any person identified in this paragraph (2) becomes
|
13 | | ineligible to receive moneys from the Fund, such amount |
14 | | shall be redistributed
among the remaining persons in |
15 | | proportion to their percentages otherwise
calculated. |
16 | | (c) The Board shall monitor organization licensees to |
17 | | ensure that moneys paid to organization licensees under this |
18 | | Section are distributed by the organization licensees as |
19 | | provided in subsection (b).
|
20 | | (Source: P.A. 95-1008, eff. 12-15-08.)
|
21 | | (230 ILCS 5/56 new) |
22 | | Sec. 56. Electronic gaming. |
23 | | (a) A person, firm, corporation, or limited liability |
24 | | company having operating control of a race track may apply to |
25 | | the Gaming Board for an electronic gaming license. An |
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1 | | electronic gaming license shall authorize its holder to conduct |
2 | | electronic gaming on the grounds of the race track of which the |
3 | | electronic gaming licensee has operating control. Only one |
4 | | electronic gaming license may be awarded for any race track. A |
5 | | holder of an electronic gaming license shall be subject to the |
6 | | Illinois Gambling Act and rules of the Illinois Gaming Board |
7 | | concerning electronic gaming. If the person, firm, |
8 | | corporation, or limited liability company having operating |
9 | | control of a race track is found by the Illinois Gaming Board |
10 | | to be unsuitable for an electronic gaming license under the |
11 | | Illinois Gambling Act and rules of the Gaming Board, that |
12 | | person, firm, corporation, or limited liability company shall |
13 | | not be granted an electronic gaming license. Each license shall |
14 | | specify the number of gaming positions that its holder may |
15 | | operate. |
16 | | An electronic gaming licensee may not permit persons under |
17 | | 21 years of age to be present in its electronic gaming |
18 | | facility, but the licensee may accept wagers on live racing and |
19 | | inter-track wagers at its electronic gaming facility. |
20 | | (b) For purposes of this subsection, "adjusted gross |
21 | | receipts" means an electronic gaming licensee's gross receipts |
22 | | less winnings paid to wagerers and shall also include any |
23 | | amounts that would otherwise be deducted pursuant to subsection |
24 | | (a-9) of Section 13 of the Illinois Gambling Act. The adjusted |
25 | | gross receipts by an electronic gaming licensee from electronic |
26 | | gaming remaining after the payment of taxes under Section 13 of |
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1 | | the Illinois Gambling Act shall be distributed as follows: |
2 | | (1) Amounts shall be paid to the purse account at the |
3 | | track at which the organization licensee is conducting |
4 | | racing equal to the following: |
5 | | 12.75% of annual adjusted gross receipts up to and |
6 | | including $75,000,000; |
7 | | 20% of annual adjusted gross receipts in excess of |
8 | | $75,000,000 but not exceeding $100,000,000; |
9 | | 26.5% of annual adjusted gross receipts in excess |
10 | | of $100,000,000 but not exceeding $125,000,000; and |
11 | | 20.5% of annual adjusted gross receipts in excess |
12 | | of $125,000,000. |
13 | | (2) The remainder shall be retained by the electronic |
14 | | gaming licensee. |
15 | | (c) Electronic gaming receipts placed into the purse |
16 | | account of an organization licensee racing thoroughbred horses |
17 | | shall be used for purses, for health care services or worker's |
18 | | compensation for racing industry workers, for equine research, |
19 | | for programs to care for and transition injured and retired |
20 | | thoroughbred horses that race at the race track, or for horse |
21 | | ownership promotion, in accordance with the agreement of the |
22 | | horsemen's association representing the largest number of |
23 | | owners and trainers who race at that organization licensee's |
24 | | race meetings. |
25 | | Annually, from the purse account of an organization |
26 | | licensee racing thoroughbred horses in this State, except for |
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1 | | in Madison County, an amount equal to 12% of the electronic |
2 | | gaming receipts placed into the purse accounts shall be paid to |
3 | | the Illinois Thoroughbred Breeders Fund and shall be used for |
4 | | owner awards; a stallion program pursuant to paragraph (3) of |
5 | | subsection (g) of Section 30 of this Act; and Illinois |
6 | | conceived and foaled stakes races pursuant to paragraph (2) of |
7 | | subsection (g) of Section 30 of this Act, as specifically |
8 | | designated by the horsemen's association representing the |
9 | | largest number of owners and trainers who race at the |
10 | | organization licensee's race meetings. |
11 | | Annually, from the purse account of an organization |
12 | | licensee racing thoroughbred horses in Madison County, an |
13 | | amount equal to 10% of the electronic gaming receipts placed |
14 | | into the purse accounts shall be paid to the Illinois |
15 | | Thoroughbred Breeders Fund and shall be used for owner awards; |
16 | | a stallion program pursuant to paragraph (3) of subsection (g) |
17 | | of Section 30 of this Act; and Illinois conceived and foaled |
18 | | stakes races pursuant to paragraph (2) of subsection (g) of |
19 | | Section 30 of this Act, as specifically designated by the |
20 | | horsemen's association representing the largest number of |
21 | | owners and trainers who race at the organization licensee's |
22 | | race meetings. |
23 | | Annually, from the purse account of an organization |
24 | | licensee conducting thoroughbred races at a race track in |
25 | | Madison County, an amount equal to 1% of the electronic gaming |
26 | | receipts distributed to purses per subsection (b) of this |
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1 | | Section 56 shall be paid as follows: 0.33 1/3% to Southern |
2 | | Illinois University Department of Animal Sciences for equine |
3 | | research and education, an amount equal to 0.33 1/3% of the |
4 | | electronic gaming receipts shall be used to operate laundry |
5 | | facilities or a kitchen for backstretch workers at that race |
6 | | track, and an amount equal to 0.33 1/3% of the electronic |
7 | | gaming receipts shall be paid to R.A.C.E., Inc., a 501(c)(3) |
8 | | non-profit organization that cares for injured and unwanted |
9 | | horses that race at that race track. |
10 | | Annually, from the purse account of organization licensees |
11 | | conducting thoroughbred races at race tracks in Cook County, |
12 | | $100,000 shall be paid for division and equal distribution to |
13 | | the animal sciences department of each Illinois public |
14 | | university system engaged in equine research and education on |
15 | | or before the effective date of this amendatory Act of the |
16 | | 100th General Assembly for equine research and education. |
17 | | (d) Annually, from the purse account of an organization |
18 | | licensee racing standardbred horses, an amount equal to 15% of |
19 | | the electronic gaming receipts placed into that purse account |
20 | | shall be paid to the Illinois Colt Stakes Purse Distribution |
21 | | Fund. Moneys deposited into the Illinois Colt Stakes Purse |
22 | | Distribution Fund shall be used for standardbred racing as |
23 | | authorized in paragraphs 1, 2, 3, 8, 9, 10, and 11 of |
24 | | subsection (g) of Section 31 of this Act and for bonus awards |
25 | | as authorized under paragraph 6 of subsection (j) of Section 31 |
26 | | of this Act.
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1 | | Section 90-40. The Riverboat Gambling Act is amended by |
2 | | changing Sections 1, 2, 3, 4, 5, 5.1, 6, 7, 7.3, 7.5, 8, 9, 11, |
3 | | 11.1, 12, 13, 14, 15, 16, 17, 17.1, 18, 18.1, 19, 20, 21, 23, |
4 | | and 24 and by adding Sections 5.3, 7.7, 7.8, 7.9, 7.10, 7.11, |
5 | | 7.12, 7.13, and 25 as follows:
|
6 | | (230 ILCS 10/1) (from Ch. 120, par. 2401)
|
7 | | Sec. 1. Short title. This Act shall be known and may be |
8 | | cited as the
Illinois Riverboat Gambling Act.
|
9 | | (Source: P.A. 86-1029.)
|
10 | | (230 ILCS 10/2) (from Ch. 120, par. 2402)
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11 | | Sec. 2. Legislative Intent.
|
12 | | (a) This Act is intended to benefit the
people of the State |
13 | | of Illinois
by assisting economic development , and promoting |
14 | | Illinois tourism ,
and by increasing the amount of revenues |
15 | | available to the State to assist and
support education , and to |
16 | | defray State expenses, including unpaid bills .
|
17 | | (b) While authorization of riverboat and casino gambling |
18 | | will enhance investment,
beautification, development and |
19 | | tourism in Illinois, it is recognized that it will do so
|
20 | | successfully only if public confidence and trust in the |
21 | | credibility and
integrity of the gambling operations and the |
22 | | regulatory process is
maintained. Therefore, regulatory |
23 | | provisions of this Act are designed to
strictly regulate the |
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1 | | facilities, persons, associations and practices
related to |
2 | | gambling operations pursuant to the police powers of the State,
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3 | | including comprehensive law enforcement supervision.
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4 | | (c) The Illinois Gaming Board established under this Act |
5 | | should, as soon
as possible, inform each applicant for an |
6 | | owners license of the Board's
intent to grant or deny a |
7 | | license.
|
8 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
9 | | (230 ILCS 10/3) (from Ch. 120, par. 2403)
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10 | | Sec. 3. Riverboat Gambling Authorized.
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11 | | (a) Riverboat and casino gambling
operations and |
12 | | electronic gaming operations and the system of wagering
|
13 | | incorporated therein , as defined in this Act, are hereby |
14 | | authorized to the
extent that they are carried out in |
15 | | accordance with the provisions of this
Act.
|
16 | | (b) This Act does not apply to the pari-mutuel system of |
17 | | wagering used
or intended to be used in connection with the |
18 | | horse-race meetings as
authorized under the Illinois Horse |
19 | | Racing Act of 1975, lottery games
authorized under the Illinois |
20 | | Lottery Law, bingo authorized under the Bingo
License and Tax |
21 | | Act, charitable games authorized under the Charitable Games
Act |
22 | | or pull tabs and jar games conducted under the Illinois Pull |
23 | | Tabs and Jar
Games Act. This Act applies to electronic gaming |
24 | | authorized under the Illinois Horse Racing Act of 1975 to the |
25 | | extent provided in that Act and in this Act.
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1 | | (c) Riverboat gambling conducted pursuant to this Act may |
2 | | be authorized
upon any water within the State of Illinois or |
3 | | any
water other than Lake Michigan which constitutes a boundary |
4 | | of the State
of Illinois.
Notwithstanding any provision in this |
5 | | subsection (c) to the contrary, a
licensee that receives its |
6 | | license pursuant to subsection (e-5) of Section 7
may
conduct |
7 | | riverboat gambling on Lake Michigan from a home dock located on |
8 | | Lake
Michigan subject to any limitations contained in Section |
9 | | 7. Notwithstanding any provision in this subsection (c) to the |
10 | | contrary, a licensee may conduct gambling at its home dock |
11 | | facility as provided in Sections 7 and 11. A licensee may |
12 | | conduct riverboat gambling authorized under this Act
|
13 | | regardless of whether it conducts excursion cruises. A licensee |
14 | | may permit
the continuous ingress and egress of passengers for |
15 | | the purpose of
gambling.
|
16 | | (d) Gambling that is conducted in accordance with this Act |
17 | | using slot machines and video games of chance and other |
18 | | electronic gambling games as defined in both this Act and the |
19 | | Illinois Horse Racing Act of 1975 is authorized. |
20 | | (Source: P.A. 91-40, eff. 6-25-99.)
|
21 | | (230 ILCS 10/4) (from Ch. 120, par. 2404)
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22 | | Sec. 4. Definitions. As used in this Act:
|
23 | | (a) "Board" means the Illinois Gaming Board.
|
24 | | (b) "Occupational license" means a license issued by the |
25 | | Board to a
person or entity to perform an occupation which the |
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1 | | Board has identified as
requiring a license to engage in |
2 | | riverboat gambling , casino gambling, or electronic gaming in |
3 | | Illinois.
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4 | | (c) "Gambling game" includes, but is not limited to, |
5 | | baccarat,
twenty-one, poker, craps, slot machine, video game of |
6 | | chance, roulette
wheel, klondike table, punchboard, faro |
7 | | layout, keno layout, numbers
ticket, push card, jar ticket, or |
8 | | pull tab which is authorized by the Board
as a wagering device |
9 | | under this Act.
|
10 | | (d) "Riverboat" means a self-propelled excursion boat, a
|
11 | | permanently moored barge, or permanently moored barges that are |
12 | | permanently
fixed together to operate as one vessel, on which |
13 | | lawful gambling is
authorized and licensed as
provided in this |
14 | | Act.
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15 | | "Slot machine" means any mechanical, electrical, or other |
16 | | device, contrivance, or machine that is authorized by the Board |
17 | | as a wagering device under this Act which, upon insertion of a |
18 | | coin, currency, token, or similar object therein, or upon |
19 | | payment of any consideration whatsoever, is available to play |
20 | | or operate, the play or operation of which may deliver or |
21 | | entitle the person playing or operating the machine to receive |
22 | | cash, premiums, merchandise, tokens, or anything of value |
23 | | whatsoever, whether the payoff is made automatically from the |
24 | | machine or in any other manner whatsoever. A slot machine: |
25 | | (1) may utilize spinning reels or video displays or |
26 | | both; |
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1 | | (2) may or may not dispense coins, tickets, or tokens |
2 | | to winning patrons; |
3 | | (3) may use an electronic credit system for receiving |
4 | | wagers and making payouts; and |
5 | | (4) may simulate a table game. |
6 | | "Slot machine" does not include table games authorized by |
7 | | the Board as a wagering device under this Act. |
8 | | (e) "Managers license" means a license issued by the Board |
9 | | to a person or
entity
to manage gambling operations conducted |
10 | | by the State pursuant to Section 7.3.
|
11 | | (f) "Dock" means the location where a riverboat moors for |
12 | | the purpose of
embarking passengers for and disembarking |
13 | | passengers from the riverboat.
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14 | | (g) "Gross receipts" means the total amount of money |
15 | | exchanged for the
purchase of chips, tokens , or electronic |
16 | | cards by riverboat patrons.
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17 | | (h) "Adjusted gross receipts" means the gross receipts less
|
18 | | winnings paid to wagerers.
|
19 | | (i) "Cheat" means to alter the selection of criteria which |
20 | | determine the
result of a gambling game or the amount or |
21 | | frequency of payment in a gambling
game.
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22 | | (j) (Blank).
|
23 | | (k) "Gambling operation" means the conduct of authorized |
24 | | gambling games authorized under this Act
upon a riverboat or in |
25 | | a casino or authorized under this Act and the Illinois Horse |
26 | | Racing Act of 1975 at an electronic gaming facility .
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1 | | (l) "License bid" means the lump sum amount of money that |
2 | | an applicant
bids and agrees to pay the State in return for an |
3 | | owners license that is issued or
re-issued on or after July 1, |
4 | | 2003.
|
5 | | "Table game" means a live gaming apparatus upon which |
6 | | gaming is conducted or that determines an outcome that is the |
7 | | object of a wager, including, but not limited to, baccarat, |
8 | | twenty-one, blackjack, poker, craps, roulette wheel, klondike |
9 | | table, punchboard, faro layout, keno layout, numbers ticket, |
10 | | push card, jar ticket, pull tab, or other similar games that |
11 | | are authorized by the Board as a wagering device under this |
12 | | Act. "Table game" does not include slot machines or video games |
13 | | of chance. |
14 | | (m) The terms "minority person", "woman", and "person with |
15 | | a disability" shall have the same meaning
as
defined in
Section |
16 | | 2 of the Business Enterprise for Minorities, Women, and Persons |
17 | | with
Disabilities Act.
|
18 | | "Authority" means the Chicago Casino Development |
19 | | Authority. |
20 | | "Casino" means a facility at which lawful gambling is |
21 | | authorized as provided in this Act. |
22 | | "Owners license" means a license to conduct riverboat or |
23 | | casino gambling operations, but does not include an electronic |
24 | | gaming license. |
25 | | "Licensed owner" means a person who holds an owners |
26 | | license. |
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1 | | "Electronic gaming" means slot machine gambling, video |
2 | | game of chance gambling, or gambling with electronic gambling |
3 | | games as defined in this Act or defined by the Board that is |
4 | | conducted at a race track pursuant to an electronic gaming |
5 | | license. |
6 | | "Electronic gaming facility" means the area where the Board |
7 | | has authorized electronic gaming at a race track of an |
8 | | organization licensee under the Illinois Horse Racing Act of
|
9 | | 1975 that holds an electronic gaming license. |
10 | | "Electronic gaming license" means a license issued by the |
11 | | Board under Section 7.7 of this Act authorizing electronic |
12 | | gaming at an electronic gaming facility. |
13 | | "Electronic gaming licensee" means an entity that holds an |
14 | | electronic gaming license. |
15 | | "Organization licensee" means an entity authorized by the |
16 | | Illinois Racing Board to conduct pari-mutuel wagering in |
17 | | accordance with the Illinois Horse Racing Act of 1975. With |
18 | | respect only to electronic gaming, "organization licensee" |
19 | | includes the authorization for electronic gaming created under |
20 | | subsection (a) of Section 56 of the Illinois Horse Racing Act |
21 | | of 1975. |
22 | | "Casino operator license" means the license held by the |
23 | | person or entity selected by the Authority to manage and |
24 | | operate a riverboat or casino within the geographic area of the |
25 | | authorized municipality pursuant to this Act and the Chicago |
26 | | Casino Development Authority Act. |
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1 | | "Wide area progressive system" means a method of linking |
2 | | progressive slot machines or electronic gaming machines across |
3 | | telecommunication lines as part of a network connecting |
4 | | participating facilities. Wide area progressive systems offer |
5 | | a common progressive jackpot at all participating locations and |
6 | | the award of the jackpot is at random. |
7 | | (Source: P.A. 100-391, eff. 8-25-17.)
|
8 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
|
9 | | Sec. 5. Gaming Board.
|
10 | | (a) (1) There is hereby established the
Illinois Gaming |
11 | | Board, which shall have the powers and duties specified in
this |
12 | | Act and in the Chicago Casino Development Authority Act , and |
13 | | all other powers necessary and proper to fully and
effectively |
14 | | execute this Act for the purpose of administering, regulating,
|
15 | | and enforcing the system of riverboat and casino gambling and |
16 | | electronic gaming established by this Act and by the Chicago |
17 | | Casino Development Authority Act . Its
jurisdiction shall |
18 | | extend under this Act and the Chicago Casino Development |
19 | | Authority Act to every person, association,
corporation, |
20 | | partnership and trust involved in riverboat and casino gambling
|
21 | | operations and electronic gaming in the State of Illinois.
|
22 | | (2) The Board shall consist of 5 members to be appointed by |
23 | | the Governor
with the advice and consent of the Senate, one of |
24 | | whom shall be designated
by the Governor to be chairperson |
25 | | chairman . Each member shall have a reasonable
knowledge of the |
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1 | | practice, procedure and principles of gambling operations.
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2 | | Each member shall either be a resident of Illinois or shall |
3 | | certify that he or she
will become a resident of Illinois |
4 | | before taking office. |
5 | | On and after the effective date of this amendatory Act of |
6 | | the 100th General Assembly, new appointees to the Board must |
7 | | include the following: |
8 | | (A) One member who has received, at a minimum, a |
9 | | bachelor's degree from an accredited school and at least 10 |
10 | | years of verifiable training and experience in the fields |
11 | | of investigation and law enforcement. |
12 | | (B) One member who is a certified public accountant |
13 | | with experience in auditing and with knowledge of complex |
14 | | corporate structures and transactions. |
15 | | (C) One member who has 5 years' experience as a |
16 | | principal, senior officer, or director of a company or |
17 | | business with either material responsibility for the daily |
18 | | operations and management of the overall company or |
19 | | business or material responsibility for the policy making |
20 | | of the company or business. |
21 | | (D) One member who is a lawyer licensed to practice law |
22 | | in Illinois. |
23 | | Notwithstanding any provision of this subsection (a), the |
24 | | requirements of subparagraphs (A) through (D) of this paragraph |
25 | | (2) shall not apply to any person reappointed pursuant to |
26 | | paragraph (3). |
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1 | | No more than 3 members of the Board may be from the same |
2 | | political party. The Board should reflect the ethnic, cultural, |
3 | | and geographic diversity of the State. No Board member shall, |
4 | | within a period of one year immediately preceding nomination, |
5 | | have been employed or received compensation or fees for |
6 | | services from a person or entity, or its parent or affiliate, |
7 | | that has engaged in business with the Board, a licensee, or a |
8 | | licensee under the Illinois Horse Racing Act of 1975. Board |
9 | | members must publicly disclose all prior affiliations with |
10 | | gaming interests, including any compensation, fees, bonuses, |
11 | | salaries, and other reimbursement received from a person or |
12 | | entity, or its parent or affiliate, that has engaged in |
13 | | business with the Board, a licensee, or a licensee under the |
14 | | Illinois Horse Racing Act of 1975. This disclosure must be made |
15 | | within 30 days after nomination but prior to confirmation by |
16 | | the Senate and must be made available to the members of the |
17 | | Senate. At least one member
shall be experienced in law |
18 | | enforcement and criminal investigation, at
least one member |
19 | | shall be a certified public accountant experienced in
|
20 | | accounting and auditing, and at least one member shall be a |
21 | | lawyer licensed
to practice law in Illinois.
|
22 | | (3) The terms of office of the Board members shall be 3 |
23 | | years, except
that the terms of office of the initial Board |
24 | | members appointed pursuant to
this Act will commence from the |
25 | | effective date of this Act and run as
follows: one for a term |
26 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for |
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1 | | a term ending July 1, 1993. Upon the expiration of the
|
2 | | foregoing terms, the successors of such members shall serve a |
3 | | term for 3
years and until their successors are appointed and |
4 | | qualified for like terms.
Vacancies in the Board shall be |
5 | | filled for the unexpired term in like
manner as original |
6 | | appointments. Each member of the Board shall be
eligible for |
7 | | reappointment at the discretion of the Governor with the
advice |
8 | | and consent of the Senate.
|
9 | | (4) Each member of the Board shall receive $300 for each |
10 | | day the
Board meets and for each day the member conducts any |
11 | | hearing pursuant to
this Act. Each member of the Board shall |
12 | | also be reimbursed for all actual
and necessary expenses and |
13 | | disbursements incurred in the execution of official
duties.
|
14 | | (5) No person shall be appointed a member of the Board or |
15 | | continue to be
a member of the Board who is, or whose spouse, |
16 | | child or parent is, a member
of the board of directors of, or a |
17 | | person financially interested in, any
gambling operation |
18 | | subject to the jurisdiction of this Board, or any race
track, |
19 | | race meeting, racing association or the operations thereof |
20 | | subject
to the jurisdiction of the Illinois Racing Board. No |
21 | | Board member shall
hold any other public office. No person |
22 | | shall be a
member of the Board who is not of good moral |
23 | | character or who has been
convicted of, or is under indictment |
24 | | for, a felony under the laws of
Illinois or any other state, or |
25 | | the United States.
|
26 | | (5.5) No member of the Board shall engage in any political |
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1 | | activity. For the purposes of this Section, "political" means |
2 | | any activity in support
of or in connection with any campaign |
3 | | for federal, State, or local elective office or any political
|
4 | | organization, but does not include activities (i) relating to |
5 | | the support or
opposition of any executive, legislative, or |
6 | | administrative action (as those
terms are defined in Section 2 |
7 | | of the Lobbyist Registration Act), (ii) relating
to collective |
8 | | bargaining, or (iii) that are
otherwise
in furtherance of the |
9 | | person's official
State duties or governmental and public |
10 | | service functions.
|
11 | | (6) Any member of the Board may be removed by the Governor |
12 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
13 | | in office or for engaging in any political activity.
|
14 | | (7) Before entering upon the discharge of the duties of his |
15 | | office, each
member of the Board shall take an oath that he |
16 | | will faithfully execute the
duties of his office according to |
17 | | the laws of the State and the rules and
regulations adopted |
18 | | therewith and shall give bond to the State of Illinois,
|
19 | | approved by the Governor, in the sum of $25,000. Every such |
20 | | bond, when
duly executed and approved, shall be recorded in the |
21 | | office of the
Secretary of State. Whenever the Governor |
22 | | determines that the bond of any
member of the Board has become |
23 | | or is likely to become invalid or
insufficient, he shall |
24 | | require such member forthwith to renew his bond,
which is to be |
25 | | approved by the Governor. Any member of the Board who fails
to |
26 | | take oath and give bond within 30 days from the date of his |
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1 | | appointment,
or who fails to renew his bond within 30 days |
2 | | after it is demanded by the
Governor, shall be guilty of |
3 | | neglect of duty and may be removed by the
Governor. The cost of |
4 | | any bond given by any member of the Board under this
Section |
5 | | shall be taken to be a part of the necessary expenses of the |
6 | | Board.
|
7 | | (7.5) For the examination of all mechanical, |
8 | | electromechanical, or electronic table games, slot machines, |
9 | | slot accounting systems, and other electronic gaming equipment |
10 | | for compliance with this Act, the Board may utilize the |
11 | | services of one or more independent outside testing |
12 | | laboratories that have been accredited by a national |
13 | | accreditation body and that, in the judgment of the Board, are |
14 | | qualified to perform such examinations. |
15 | | (8) The Board shall employ such
personnel as may be |
16 | | necessary to carry out its functions and shall determine the |
17 | | salaries of all personnel, except those personnel whose |
18 | | salaries are determined under the terms of a collective |
19 | | bargaining agreement. No
person shall be employed to serve the |
20 | | Board who is, or whose spouse, parent
or child is, an official |
21 | | of, or has a financial interest in or financial
relation with, |
22 | | any operator engaged in gambling operations within this
State |
23 | | or any organization engaged in conducting horse racing within |
24 | | this
State. For the one year immediately preceding employment, |
25 | | an employee shall not have been employed or received |
26 | | compensation or fees for services from a person or entity, or |
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1 | | its parent or affiliate, that has engaged in business with the |
2 | | Board, a licensee, or a licensee under the Illinois Horse |
3 | | Racing Act of 1975. Any employee violating these prohibitions |
4 | | shall be subject to
termination of employment. In addition, all |
5 | | Board members and employees are subject to the restrictions set |
6 | | forth in Section 5-45 of the State Officials and Employees |
7 | | Ethics Act.
|
8 | | (9) An Administrator shall perform any and all duties that |
9 | | the Board
shall assign him. The salary of the Administrator |
10 | | shall be determined by
the Board and, in addition,
he shall be |
11 | | reimbursed for all actual and necessary expenses incurred by
|
12 | | him in discharge of his official duties. The Administrator |
13 | | shall keep
records of all proceedings of the Board and shall |
14 | | preserve all records,
books, documents and other papers |
15 | | belonging to the Board or entrusted to
its care. The |
16 | | Administrator shall devote his full time to the duties of
the |
17 | | office and shall not hold any other office or employment.
|
18 | | (b) The Board shall have general responsibility for the |
19 | | implementation
of this Act. Its duties include, without |
20 | | limitation, the following:
|
21 | | (1) To decide promptly and in reasonable order all |
22 | | license applications.
Any party aggrieved by an action of |
23 | | the Board denying, suspending,
revoking, restricting or |
24 | | refusing to renew a license may request a hearing
before |
25 | | the Board. A request for a hearing must be made to the |
26 | | Board in
writing within 5 days after service of notice of |
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1 | | the action of the Board.
Notice of the action of the Board |
2 | | shall be served either by personal
delivery or by certified |
3 | | mail, postage prepaid, to the aggrieved party.
Notice |
4 | | served by certified mail shall be deemed complete on the |
5 | | business
day following the date of such mailing. The Board |
6 | | shall conduct all
requested hearings promptly and in |
7 | | reasonable order;
|
8 | | (2) To conduct all hearings pertaining to civil |
9 | | violations of this Act
or rules and regulations promulgated |
10 | | hereunder;
|
11 | | (3) To promulgate such rules and regulations as in its |
12 | | judgment may be
necessary to protect or enhance the |
13 | | credibility and integrity of gambling
operations |
14 | | authorized by this Act and the regulatory process |
15 | | hereunder;
|
16 | | (4) To provide for the establishment and collection of |
17 | | all license and
registration fees and taxes imposed by this |
18 | | Act and the rules and
regulations issued pursuant hereto. |
19 | | All such fees and taxes shall be
deposited into the State |
20 | | Gaming Fund;
|
21 | | (5) To provide for the levy and collection of penalties |
22 | | and fines for the
violation of provisions of this Act and |
23 | | the rules and regulations
promulgated hereunder. All such |
24 | | fines and penalties shall be deposited
into the Education |
25 | | Assistance Fund, created by Public Act 86-0018, of the
|
26 | | State of Illinois;
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1 | | (6) To be present through its inspectors and agents any |
2 | | time gambling
operations are conducted on any riverboat , in |
3 | | any casino, or at any electronic gaming
facility for the |
4 | | purpose of certifying the
revenue thereof, receiving |
5 | | complaints from the public, and conducting such
other |
6 | | investigations into the conduct of the gambling games and |
7 | | the
maintenance of the equipment as from time to time the |
8 | | Board may deem
necessary and proper;
|
9 | | (7) To review and rule upon any complaint by a licensee
|
10 | | regarding any investigative procedures of the State which |
11 | | are unnecessarily
disruptive of gambling operations. The |
12 | | need to inspect and investigate
shall be presumed at all |
13 | | times. The disruption of a licensee's operations
shall be |
14 | | proved by clear and convincing evidence, and establish |
15 | | that: (A)
the procedures had no reasonable law enforcement |
16 | | purposes, and (B) the
procedures were so disruptive as to |
17 | | unreasonably inhibit gambling operations;
|
18 | | (8) To hold at least one meeting each quarter of the |
19 | | fiscal
year. In addition, special meetings may be called by |
20 | | the Chairman or any 2
Board members upon 72 hours written |
21 | | notice to each member. All Board
meetings shall be subject |
22 | | to the Open Meetings Act. Three members of the
Board shall |
23 | | constitute a quorum, and 3 votes shall be required for any
|
24 | | final determination by the Board. The Board shall keep a |
25 | | complete and
accurate record of all its meetings. A |
26 | | majority of the members of the Board
shall constitute a |
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1 | | quorum for the transaction of any business, for the
|
2 | | performance of any duty, or for the exercise of any power |
3 | | which this Act
requires the Board members to transact, |
4 | | perform or exercise en banc, except
that, upon order of the |
5 | | Board, one of the Board members or an
administrative law |
6 | | judge designated by the Board may conduct any hearing
|
7 | | provided for under this Act or by Board rule and may |
8 | | recommend findings and
decisions to the Board. The Board |
9 | | member or administrative law judge
conducting such hearing |
10 | | shall have all powers and rights granted to the
Board in |
11 | | this Act. The record made at the time of the hearing shall |
12 | | be
reviewed by the Board, or a majority thereof, and the |
13 | | findings and decision
of the majority of the Board shall |
14 | | constitute the order of the Board in
such case;
|
15 | | (9) To maintain records which are separate and distinct |
16 | | from the records
of any other State board or commission. |
17 | | Such records shall be available
for public inspection and |
18 | | shall accurately reflect all Board proceedings;
|
19 | | (10) To file a written annual report with the Governor |
20 | | on or before
March 1 each year and such additional reports |
21 | | as the Governor may request.
The annual report shall |
22 | | include a statement of receipts and disbursements
by the |
23 | | Board, actions taken by the Board, and any additional |
24 | | information
and recommendations which the Board may deem |
25 | | valuable or which the Governor
may request;
|
26 | | (11) (Blank);
|
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1 | | (12) (Blank);
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2 | | (13) To assume responsibility for administration and |
3 | | enforcement of the
Video Gaming Act; and |
4 | | (13.1) To assume responsibility for the administration |
5 | | and enforcement
of operations at electronic gaming |
6 | | facilities pursuant to this Act and the
Illinois Horse |
7 | | Racing Act of 1975; |
8 | | (13.2) To assume responsibility for the administration |
9 | | and enforcement of gambling operations at the Chicago |
10 | | Casino Development Authority's casino pursuant to this Act |
11 | | and the Chicago Casino Development Authority Act; and |
12 | | (14) To adopt, by rule, a code of conduct governing |
13 | | Board members and employees that ensure, to the maximum |
14 | | extent possible, that persons subject to this Code avoid |
15 | | situations, relationships, or associations that may |
16 | | represent or lead to a conflict of interest.
|
17 | | Internal controls and changes submitted by licensees must |
18 | | be reviewed and either approved or denied with cause within 90 |
19 | | days after receipt of submission is deemed final by the |
20 | | Illinois Gaming Board. In the event an internal control |
21 | | submission or change does not meet the standards set by the |
22 | | Board, staff of the Board must provide technical assistance to |
23 | | the licensee to rectify such deficiencies within 90 days after |
24 | | the initial submission and the revised submission must be |
25 | | reviewed and approved or denied with cause within 90 days after |
26 | | the date the revised submission is deemed final by the Board. |
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1 | | For the purposes of this paragraph, "with cause" means that the |
2 | | approval of the submission would jeopardize the integrity of |
3 | | gaming. In the event the Board staff has not acted within the |
4 | | timeframe, the submission shall be deemed approved. |
5 | | (c) The Board shall have jurisdiction over and shall |
6 | | supervise all
gambling operations governed by this Act and the |
7 | | Chicago Casino Development Authority Act . The Board shall have |
8 | | all powers
necessary and proper to fully and effectively |
9 | | execute the provisions of
this Act and the Chicago Casino |
10 | | Development Authority Act , including, but not limited to, the |
11 | | following:
|
12 | | (1) To investigate applicants and determine the |
13 | | eligibility of
applicants for licenses and to select among |
14 | | competing applicants the
applicants which best serve the |
15 | | interests of the citizens of Illinois.
|
16 | | (2) To have jurisdiction and supervision over all |
17 | | riverboat gambling
operations authorized under this Act |
18 | | and the Chicago Casino Development Authority Act in this |
19 | | State and all persons in places on riverboats where |
20 | | gambling
operations are conducted.
|
21 | | (3) To promulgate rules and regulations for the purpose |
22 | | of administering
the provisions of this Act and the Chicago |
23 | | Casino Development Authority Act and to prescribe rules, |
24 | | regulations and
conditions under which all riverboat |
25 | | gambling operations subject to this
Act and the Chicago |
26 | | Casino Development Authority Act in the State shall be
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1 | | conducted. Such rules and regulations are to provide for |
2 | | the prevention of
practices detrimental to the public |
3 | | interest and for the best interests of
riverboat gambling, |
4 | | including rules and regulations regarding the
inspection |
5 | | of electronic gaming facilities, casinos, and such |
6 | | riverboats , and the review of any permits or licenses
|
7 | | necessary to operate a riverboat , casino, or electronic |
8 | | gaming facilities under any laws or regulations applicable
|
9 | | to riverboats, casinos, or electronic gaming facilities |
10 | | and to impose penalties for violations thereof.
|
11 | | (4) To enter the office, riverboats, casinos, |
12 | | electronic gaming facilities, and
other facilities, or |
13 | | other
places of business of a licensee, where evidence of |
14 | | the compliance or
noncompliance with the provisions of this |
15 | | Act and the Chicago Casino Development Authority Act is |
16 | | likely to be found.
|
17 | | (5) To investigate alleged violations of this Act , the |
18 | | Chicago Casino Development Authority Act, or the
rules of |
19 | | the Board and to take appropriate disciplinary
action |
20 | | against a licensee or a holder of an occupational license |
21 | | for a
violation, or institute appropriate legal action for |
22 | | enforcement, or both.
|
23 | | (6) To adopt standards for the licensing of all persons |
24 | | and entities under this Act and the Chicago Casino |
25 | | Development Authority Act ,
as well as for electronic or |
26 | | mechanical gambling games, and to establish
fees for such |
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1 | | licenses.
|
2 | | (7) To adopt appropriate standards for all electronic |
3 | | gaming facilities, riverboats , casinos,
and other |
4 | | facilities authorized under this Act and the Chicago Casino |
5 | | Development Authority Act .
|
6 | | (8) To require that the records, including financial or |
7 | | other statements
of any licensee under this Act and the |
8 | | Chicago Casino Development Authority Act , shall be kept in |
9 | | such manner as prescribed
by the Board and that any such |
10 | | licensee involved in the ownership or
management of |
11 | | gambling operations submit to the Board an annual balance
|
12 | | sheet and profit and loss statement, list of the |
13 | | stockholders or other
persons having a 1% or greater |
14 | | beneficial interest in the gambling
activities of each |
15 | | licensee, and any other information the Board deems
|
16 | | necessary in order to effectively administer this Act and |
17 | | the Chicago Casino Development Authority Act and all rules,
|
18 | | regulations, orders and final decisions promulgated under |
19 | | this Act and the Chicago Casino Development Authority Act .
|
20 | | (9) To conduct hearings, issue subpoenas for the |
21 | | attendance of
witnesses and subpoenas duces tecum for the |
22 | | production of books, records
and other pertinent documents |
23 | | in accordance with the Illinois
Administrative Procedure |
24 | | Act, and to administer oaths and affirmations to
the |
25 | | witnesses, when, in the judgment of the Board, it is |
26 | | necessary to
administer or enforce this Act , the Chicago |
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1 | | Casino Development Authority Act, or the Board rules.
|
2 | | (10) To prescribe a form to be used by any licensee |
3 | | involved in the
ownership or management of gambling |
4 | | operations as an
application for employment for their |
5 | | employees.
|
6 | | (11) To revoke or suspend licenses, other than the |
7 | | license issued to the Chicago Casino Development |
8 | | Authority, as the Board may see fit and in
compliance with |
9 | | applicable laws of the State regarding administrative
|
10 | | procedures, and to review applications for the renewal of |
11 | | licenses. The
Board may suspend an owners license (other |
12 | | than the license issued to the Chicago Casino Development |
13 | | Authority), electronic gaming license, or casino operator |
14 | | license , without notice or hearing upon a
determination |
15 | | that the safety or health of patrons or employees is
|
16 | | jeopardized by continuing a gambling operation conducted |
17 | | under that license riverboat's operation . The suspension |
18 | | may
remain in effect until the Board determines that the |
19 | | cause for suspension
has been abated. The Board may revoke |
20 | | an the owners license (other than the license issued to the |
21 | | Chicago Casino Development Authority), electronic
gaming
|
22 | | license, or casino operator license upon a
determination |
23 | | that the licensee owner has not made satisfactory progress |
24 | | toward
abating the hazard.
|
25 | | (12) To eject or exclude or authorize the ejection or |
26 | | exclusion of, any
person from riverboat gambling |
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1 | | facilities where that such person is in violation
of this |
2 | | Act or the Chicago Casino Development Authority Act , rules |
3 | | and regulations thereunder, or final orders of the
Board, |
4 | | or where such person's conduct or reputation is such that |
5 | | his or her
presence within the riverboat gambling |
6 | | facilities may, in the opinion of
the Board, call into |
7 | | question the honesty and integrity of the gambling
|
8 | | operations or interfere with the orderly conduct thereof; |
9 | | provided that the
propriety of such ejection or exclusion |
10 | | is subject to subsequent hearing
by the Board.
|
11 | | (13) To require all licensees of gambling operations to |
12 | | utilize a
cashless wagering system whereby all players' |
13 | | money is converted to tokens,
electronic cards, or chips |
14 | | which shall be used only for wagering in the
gambling |
15 | | establishment.
|
16 | | (14) (Blank).
|
17 | | (15) To suspend, revoke or restrict licenses, other |
18 | | than the license issued to the Chicago Casino Development |
19 | | Authority, to require the
removal of a licensee or an |
20 | | employee of a licensee for a violation of this
Act , the |
21 | | Chicago Casino Development Authority Act, or a Board rule |
22 | | or for engaging in a fraudulent practice, and to
impose |
23 | | civil penalties of up to $5,000 against individuals and up |
24 | | to
$10,000 or an amount equal to the daily gross receipts, |
25 | | whichever is
larger, against licensees for each violation |
26 | | of any provision of the Act, the Chicago Casino Development |
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1 | | Authority Act,
any rules adopted by the Board, any order of |
2 | | the Board or any other action
which, in the Board's |
3 | | discretion, is a detriment or impediment to riverboat
|
4 | | gambling operations.
|
5 | | (16) To hire employees to gather information, conduct |
6 | | investigations
and carry out any other tasks contemplated |
7 | | under this Act or the Chicago Casino Development Authority |
8 | | Act .
|
9 | | (17) To establish minimum levels of insurance to be |
10 | | maintained by
licensees.
|
11 | | (18) To authorize a licensee to sell or serve alcoholic |
12 | | liquors, wine or
beer as defined in the Liquor Control Act |
13 | | of 1934 on board a riverboat or in a casino
and to have |
14 | | exclusive authority to establish the hours for sale and
|
15 | | consumption of alcoholic liquor on board a riverboat or in |
16 | | a casino , notwithstanding any
provision of the Liquor |
17 | | Control Act of 1934 or any local ordinance, and
regardless |
18 | | of whether the riverboat makes excursions. The
|
19 | | establishment of the hours for sale and consumption of |
20 | | alcoholic liquor on
board a riverboat or in a casino is an |
21 | | exclusive power and function of the State. A home
rule unit |
22 | | may not establish the hours for sale and consumption of |
23 | | alcoholic
liquor on board a riverboat or in a casino . This |
24 | | subdivision (18) amendatory Act of 1991 is a denial and
|
25 | | limitation of home rule powers and functions under |
26 | | subsection (h) of
Section 6 of Article VII of the Illinois |
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1 | | Constitution.
|
2 | | (19) After consultation with the U.S. Army Corps of |
3 | | Engineers, to
establish binding emergency orders upon the |
4 | | concurrence of a majority of
the members of the Board |
5 | | regarding the navigability of water, relative to
|
6 | | excursions,
in the event
of extreme weather conditions, |
7 | | acts of God or other extreme circumstances.
|
8 | | (20) To delegate the execution of any of its powers |
9 | | under this Act or the Chicago Casino Development Authority |
10 | | Act for
the purpose of administering and enforcing this |
11 | | Act , the Chicago Casino Development Authority Act, and the |
12 | | its rules adopted by the Board under both Acts and
|
13 | | regulations hereunder .
|
14 | | (20.5) To approve any contract entered into on its |
15 | | behalf.
|
16 | | (20.6) To appoint investigators to conduct |
17 | | investigations, searches, seizures, arrests, and other |
18 | | duties imposed under this Act, as deemed necessary by the |
19 | | Board. These investigators have and may exercise all of the |
20 | | rights and powers of peace officers, provided that these |
21 | | powers shall be limited to offenses or violations occurring |
22 | | or committed in a casino, in an electronic gaming facility, |
23 | | or on a riverboat or dock, as defined in subsections (d) |
24 | | and (f) of Section 4, or as otherwise provided by this Act , |
25 | | the Chicago Casino Development Authority Act, or any other |
26 | | law. |
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1 | | (20.7) To contract with the Department of State Police |
2 | | for the use of trained and qualified State police officers |
3 | | and with the Department of Revenue for the use of trained |
4 | | and qualified Department of Revenue investigators to |
5 | | conduct investigations, searches, seizures, arrests, and |
6 | | other duties imposed under this Act or the Chicago Casino |
7 | | Development Authority Act and to exercise all of the rights |
8 | | and powers of peace officers, provided that the powers of |
9 | | Department of Revenue investigators under this subdivision |
10 | | (20.7) shall be limited to offenses or violations occurring |
11 | | or committed in a casino, in an electronic gaming facility, |
12 | | or on a riverboat or dock, as defined in subsections (d) |
13 | | and (f) of Section 4, or as otherwise provided by this Act |
14 | | or any other law. In the event the Department of State |
15 | | Police or the Department of Revenue is unable to fill |
16 | | contracted police or investigative positions, the Board |
17 | | may appoint investigators to fill those positions pursuant |
18 | | to subdivision (20.6).
|
19 | | (21) To adopt rules concerning the conduct of |
20 | | electronic gaming. |
21 | | (22) To have the same jurisdiction and supervision over |
22 | | casinos and electronic gaming facilities as the Board has |
23 | | over riverboats, including, but not limited to, the power |
24 | | to (i) investigate, review, and approve contracts as that |
25 | | power is applied to riverboats, (ii) adopt rules for |
26 | | administering the provisions of this Act or the Chicago |
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1 | | Casino Development Authority Act, (iii) adopt standards |
2 | | for the licensing of all persons involved with a casino or |
3 | | electronic gaming facility, (iv) investigate alleged |
4 | | violations of this Act by any person involved with a casino |
5 | | or electronic gaming facility, and (v) require that |
6 | | records, including financial or other statements of any |
7 | | casino or electronic gaming facility, shall be kept in such |
8 | | manner as prescribed by the Board. |
9 | | (23) To supervise and regulate the Chicago Casino |
10 | | Development Authority in accordance with the Chicago |
11 | | Casino Development Authority Act and the provisions of this |
12 | | Act.
|
13 | | (24) (21) To take any other action as may be reasonable |
14 | | or appropriate to
enforce this Act , the Chicago Casino |
15 | | Development Authority Act, and the rules adopted by the |
16 | | Board under both Acts and regulations hereunder .
|
17 | | All Board powers enumerated in this Section in relation to |
18 | | licensees shall apply equally to the holder of any casino |
19 | | management contract entered into pursuant to the Chicago Casino |
20 | | Development Authority Act. |
21 | | (d) The Board may seek and shall receive the cooperation of |
22 | | the
Department of State Police in conducting background |
23 | | investigations of
applicants and in fulfilling its |
24 | | responsibilities under
this Section. Costs incurred by the |
25 | | Department of State Police as
a result of such cooperation |
26 | | shall be paid by the Board in conformance
with the requirements |
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1 | | of Section 2605-400 of the Department of State Police Law
(20 |
2 | | ILCS 2605/2605-400).
|
3 | | (e) The Board must authorize to each investigator and to |
4 | | any other
employee of the Board exercising the powers of a |
5 | | peace officer a distinct badge
that, on its face, (i) clearly |
6 | | states that the badge is authorized by the Board
and
(ii) |
7 | | contains a unique identifying number. No other badge shall be |
8 | | authorized
by the Board.
|
9 | | (Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
|
10 | | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
|
11 | | Sec. 5.1. Disclosure of records.
|
12 | | (a) Notwithstanding any applicable statutory provision to |
13 | | the contrary,
the Board shall, on written request from any |
14 | | person, provide
information furnished by an applicant or |
15 | | licensee concerning the applicant
or licensee, his products, |
16 | | services or gambling enterprises and his
business holdings, as |
17 | | follows:
|
18 | | (1) The name, business address and business telephone |
19 | | number of any
applicant or licensee.
|
20 | | (2) An identification of any applicant or licensee |
21 | | including, if an
applicant or licensee is not an |
22 | | individual, the names and addresses of all stockholders and |
23 | | directors, if the entity is a corporation; the names and |
24 | | addresses of all members, if the entity is a limited |
25 | | liability company; the names and addresses of all partners, |
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1 | | both general and limited, if the entity is a partnership; |
2 | | and the names and addresses of all beneficiaries, if the |
3 | | entity is a trust the state of incorporation or
|
4 | | registration, the corporate officers, and the identity of |
5 | | all shareholders
or participants . If an applicant or |
6 | | licensee has a pending registration
statement filed with |
7 | | the Securities and Exchange Commission, only the names
of |
8 | | those persons or entities holding interest of 5% or more |
9 | | must be provided.
|
10 | | (3) An identification of any business, including, if |
11 | | applicable, the
state of incorporation or registration, in |
12 | | which an applicant or licensee
or an applicant's or |
13 | | licensee's spouse or children has an equity interest
of |
14 | | more than 1%. If an applicant or licensee is a corporation, |
15 | | partnership
or other business entity, the applicant or |
16 | | licensee shall identify any
other corporation, partnership |
17 | | or business entity in which it has an equity
interest of 1%
|
18 | | or more, including, if applicable, the state of
|
19 | | incorporation or registration. This information need not |
20 | | be provided by a
corporation, partnership or other business |
21 | | entity that has a pending
registration statement filed with |
22 | | the Securities and Exchange Commission.
|
23 | | (4) Whether an applicant or licensee has been indicted, |
24 | | convicted,
pleaded guilty or nolo contendere, or forfeited |
25 | | bail concerning any
criminal offense under the laws of any |
26 | | jurisdiction, either felony or
misdemeanor (except for |
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1 | | traffic violations), including the date, the name
and |
2 | | location of the court, arresting agency and prosecuting |
3 | | agency, the
case number, the offense, the disposition and |
4 | | the location and length of
incarceration.
|
5 | | (5) Whether an applicant or licensee has had any |
6 | | license or
certificate issued by a licensing authority in |
7 | | Illinois or any other
jurisdiction denied, restricted, |
8 | | suspended, revoked or not renewed and a
statement |
9 | | describing the facts and circumstances concerning the |
10 | | denial,
restriction, suspension, revocation or |
11 | | non-renewal, including the licensing
authority, the date |
12 | | each such action was taken, and the reason for each
such |
13 | | action.
|
14 | | (6) Whether an applicant or licensee has ever filed or |
15 | | had filed against
it a proceeding in bankruptcy or has ever |
16 | | been involved in any formal
process to adjust, defer, |
17 | | suspend or otherwise work out the payment of any
debt |
18 | | including the date of filing, the name and location of the |
19 | | court, the
case and number of the disposition.
|
20 | | (7) Whether an applicant or licensee has filed, or been |
21 | | served with a
complaint or other notice filed with any |
22 | | public body, regarding the
delinquency in the payment of, |
23 | | or a dispute over the filings concerning the
payment of, |
24 | | any tax required under federal, State or local law, |
25 | | including
the amount, type of tax, the taxing agency and |
26 | | time periods involved.
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1 | | (8) A statement listing the names and titles of all |
2 | | public officials
or officers of any unit of government, and |
3 | | relatives of said
public officials or officers who, |
4 | | directly or indirectly, own
any financial interest in, have |
5 | | any beneficial interest in, are the
creditors of or hold |
6 | | any debt instrument issued by, or hold or have any
interest |
7 | | in any contractual or service relationship with, an |
8 | | applicant
or licensee.
|
9 | | (9) Whether an applicant or licensee has made, directly |
10 | | or indirectly,
any political contribution, or any loans, |
11 | | donations or other payments, to
any candidate or office |
12 | | holder, within 5 years from the date of filing the
|
13 | | application, including the amount and the method of |
14 | | payment.
|
15 | | (10) The name and business telephone number of the |
16 | | counsel
representing an applicant or licensee in matters |
17 | | before the Board.
|
18 | | (11) A description of any proposed or approved |
19 | | riverboat or casino
gaming or electronic gaming operation, |
20 | | including the type of boat, home dock or casino or |
21 | | electronic gaming location, expected
economic benefit to |
22 | | the community, anticipated or actual number of
employees, |
23 | | any statement from an applicant or licensee regarding |
24 | | compliance
with federal and State affirmative action |
25 | | guidelines, projected or actual
admissions and projected |
26 | | or actual adjusted gross gaming receipts.
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1 | | (12) A description of the product or service to be |
2 | | supplied by an
applicant for a supplier's license.
|
3 | | (b) Notwithstanding any applicable statutory provision to |
4 | | the contrary,
the Board shall, on written request from any |
5 | | person, also provide
the following information:
|
6 | | (1) The amount of the wagering tax and admission tax |
7 | | paid daily to the
State of Illinois by the holder of an |
8 | | owner's license.
|
9 | | (2) Whenever the Board finds an applicant for an |
10 | | owner's license
unsuitable for licensing, a copy of the |
11 | | written letter outlining the
reasons for the denial.
|
12 | | (3) Whenever the Board has refused to grant leave for |
13 | | an applicant to
withdraw his application, a copy of the |
14 | | letter outlining the reasons for
the refusal.
|
15 | | (c) Subject to the above provisions, the Board shall not |
16 | | disclose any
information which would be barred by:
|
17 | | (1) Section 7 of the Freedom of Information Act; or
|
18 | | (2) The statutes, rules, regulations or |
19 | | intergovernmental agreements
of any jurisdiction.
|
20 | | (d) The Board may assess fees for the copying of |
21 | | information in
accordance with Section 6 of the Freedom of |
22 | | Information Act.
|
23 | | (Source: P.A. 96-1392, eff. 1-1-11.)
|
24 | | (230 ILCS 10/5.3 new) |
25 | | Sec. 5.3. Ethical conduct. |
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1 | | (a) Officials and employees of the corporate authority of a |
2 | | host community must carry out their duties and responsibilities |
3 | | in such a manner as to promote and preserve public trust and |
4 | | confidence in the integrity and conduct of gaming. |
5 | | (b) Officials and employees of the corporate authority of a |
6 | | host community shall not use or attempt to use his or her |
7 | | official position to secure or attempt to secure any privilege, |
8 | | advantage, favor, or influence for himself or herself or |
9 | | others. |
10 | | (c) Officials and employees of the corporate authority of a |
11 | | host community may not have a financial interest, directly or |
12 | | indirectly, in his or her own name or in the name of any other |
13 | | person, partnership, association, trust, corporation, or other |
14 | | entity in any contract or subcontract for the performance of |
15 | | any work for a riverboat or casino that is located in the host |
16 | | community. This prohibition shall extend to the holding or |
17 | | acquisition of an interest in any entity identified by Board |
18 | | action that, in the Board's judgment, could represent the |
19 | | potential for or the appearance of a financial interest. The |
20 | | holding or acquisition of an interest in such entities through |
21 | | an indirect means, such as through a mutual fund, shall not be |
22 | | prohibited, except that the Board may identify specific |
23 | | investments or funds that, in its judgment, are so influenced |
24 | | by gaming holdings as to represent the potential for or the |
25 | | appearance of a conflict of interest. |
26 | | (d) Officials and employees of the corporate authority of a |
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1 | | host community may not accept any gift, gratuity, service, |
2 | | compensation, travel, lodging, or thing of value, with the |
3 | | exception of unsolicited items of an incidental nature, from |
4 | | any person, corporation, or entity doing business with the |
5 | | riverboat or casino that is located in the host community. |
6 | | (e) Officials and employees of the corporate authority of a |
7 | | host community shall not, during the period that the person is |
8 | | an official or employee of the corporate authority or for a |
9 | | period of 2 years immediately after leaving such office, |
10 | | knowingly accept employment or receive compensation or fees for |
11 | | services from a person or entity, or its parent or affiliate, |
12 | | that has engaged in business with the riverboat or casino that |
13 | | is located in the host community that resulted in contracts |
14 | | with an aggregate value of at least $25,000 or if that official |
15 | | or employee has made a decision that directly applied to the |
16 | | person or entity, or its parent or affiliate. |
17 | | (f) A spouse, child, or parent of an official or employee |
18 | | of the corporate authority of a host community may not have a |
19 | | financial interest, directly or indirectly, in his or her own |
20 | | name or in the name of any other person, partnership, |
21 | | association, trust, corporation, or other entity in any |
22 | | contract or subcontract for the performance of any work for a |
23 | | riverboat or casino in the host community. This prohibition |
24 | | shall extend to the holding or acquisition of an interest in |
25 | | any entity identified by Board action that, in the judgment of |
26 | | the Board, could represent the potential for or the appearance |
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1 | | of a conflict of interest. The holding or acquisition of an |
2 | | interest in such entities through an indirect means, such as |
3 | | through a mutual fund, shall not be prohibited, expect that the |
4 | | Board may identify specific investments or funds that, in its |
5 | | judgment, are so influenced by gaming holdings as to represent |
6 | | the potential for or the appearance of a conflict of interest. |
7 | | (g) A spouse, child, or parent of an official or employee |
8 | | of the corporate authority of a host community may not accept |
9 | | any gift, gratuity, service, compensation, travel, lodging, or |
10 | | thing of value, with the exception of unsolicited items of an |
11 | | incidental nature, from any person, corporation, or entity |
12 | | doing business with the riverboat or casino that is located in |
13 | | the host community. |
14 | | (h) A spouse, child, or parent of an official or employee |
15 | | of the corporate authority of a host community may not, during |
16 | | the period that the person is an official of the corporate |
17 | | authority or for a period of 2 years immediately after leaving |
18 | | such office or employment, knowingly accept employment or |
19 | | receive compensation or fees for services from a person or |
20 | | entity, or its parent or affiliate, that has engaged in |
21 | | business with the riverboat or casino that is located in the |
22 | | host community that resulted in contracts with an aggregate |
23 | | value of at least $25,000 or if that official or employee has |
24 | | made a decision that directly applied to the person or entity, |
25 | | or its parent or affiliate. |
26 | | (i) Officials and employees of the corporate authority of a |
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1 | | host community shall not attempt, in any way, to influence any |
2 | | person or entity doing business with the riverboat or casino |
3 | | that is located in the host community or any officer, agent, or |
4 | | employee thereof to hire or contract with any person or entity |
5 | | for any compensated work. |
6 | | (j) Any communication between an official of the corporate |
7 | | authority of a host community and any applicant for an owners |
8 | | license in the host community, or an officer, director, or |
9 | | employee of a riverboat or casino in the host community, |
10 | | concerning any matter relating in any way to gaming shall be |
11 | | disclosed to the Board. Such disclosure shall be in writing by |
12 | | the official within 30 days after the communication and shall |
13 | | be filed with the Board. Disclosure must consist of the date of |
14 | | the communication, the identity and job title of the person |
15 | | with whom the communication was made, a brief summary of the |
16 | | communication, the action requested or recommended, all |
17 | | responses made, the identity and job title of the person making |
18 | | the response, and any other pertinent information. Public |
19 | | disclosure of the written summary provided to the Board and the |
20 | | Gaming Board shall be subject to the exemptions provided under |
21 | | the Freedom of Information Act. |
22 | | This subsection (j) shall not apply to communications |
23 | | regarding traffic, law enforcement, security, environmental |
24 | | issues, city services, transportation, or other routine |
25 | | matters concerning the ordinary operations of the riverboat or |
26 | | casino. For purposes of this subsection (j), "ordinary |
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1 | | operations" means operations relating to the casino or |
2 | | riverboat facility other than the conduct of gambling |
3 | | activities, and "routine matters" includes the application |
4 | | for, issuance of, renewal of, and other processes associated |
5 | | with municipal permits and licenses. |
6 | | (k) Any official or employee who violates any provision of |
7 | | this Section is guilty of a Class 4 felony. |
8 | | (l) For purposes of this Section, "host community" or "host |
9 | | municipality" means a unit of local government that contains a |
10 | | riverboat or casino within its borders, but does not include |
11 | | the City of Chicago or the Chicago Casino Development |
12 | | Authority.
|
13 | | (230 ILCS 10/6) (from Ch. 120, par. 2406)
|
14 | | Sec. 6. Application for Owners License.
|
15 | | (a) A qualified person may
apply to the Board for an owners |
16 | | license to
conduct a riverboat gambling operation as provided |
17 | | in this Act. The
application shall be made on forms provided by |
18 | | the Board and shall contain
such information as the Board |
19 | | prescribes, including but not limited to the
identity of the |
20 | | riverboat on which such gambling operation is to be
conducted , |
21 | | if applicable, and the exact location where such riverboat or |
22 | | casino will be located docked , a
certification that the |
23 | | riverboat will be registered under this Act at all
times during |
24 | | which gambling operations are conducted on board, detailed
|
25 | | information regarding the ownership and management of the |
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1 | | applicant, and
detailed personal information regarding the |
2 | | applicant. Any application for an
owners license to be |
3 | | re-issued on or after June 1, 2003 shall also
include the |
4 | | applicant's license bid in a form prescribed by the Board.
|
5 | | Information
provided on the application shall be used as a |
6 | | basis for a thorough
background investigation which the Board |
7 | | shall conduct with respect to each
applicant. An incomplete |
8 | | application shall be cause for denial of a license
by the |
9 | | Board.
|
10 | | (a-5) In addition to any other information required under |
11 | | this Section, each application for an owners license must |
12 | | include the following information: |
13 | | (1) The history and success of the applicant and each |
14 | | person and entity disclosed under subsection (c) of this |
15 | | Section in developing tourism facilities ancillary to |
16 | | gaming, if applicable. |
17 | | (2) The likelihood that granting a license to the |
18 | | applicant will lead to the creation of quality, living wage |
19 | | jobs and permanent, full-time jobs for residents of the |
20 | | State and residents of the unit of local government that is |
21 | | designated as the home dock of the proposed facility where |
22 | | gambling is to be conducted by the applicant. |
23 | | (3) The projected number of jobs that would be created |
24 | | if the license is granted and the projected number of new |
25 | | employees at the proposed facility where gambling is to be |
26 | | conducted by the applicant. |
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1 | | (4) The record, if any, of the applicant and its |
2 | | developer in meeting commitments to local agencies, |
3 | | community-based organizations, and employees at other |
4 | | locations where the applicant or its developer has |
5 | | performed similar functions as they would perform if the |
6 | | applicant were granted a license. |
7 | | (5) Identification of adverse effects that might be |
8 | | caused by the proposed facility where gambling is to be |
9 | | conducted by the applicant, including the costs of meeting |
10 | | increased demand for public health care, child care, public |
11 | | transportation, affordable housing, and social services, |
12 | | and a plan to mitigate those adverse effects. |
13 | | (6) The record, if any, of the applicant and its |
14 | | developer regarding compliance with: |
15 | | (A) federal, state, and local discrimination, wage |
16 | | and hour, disability, and occupational and |
17 | | environmental health and safety laws; and |
18 | | (B) state and local labor relations and employment |
19 | | laws. |
20 | | (7) The applicant's record, if any, in dealing with its |
21 | | employees and their representatives at other locations. |
22 | | (8) A plan concerning the utilization of |
23 | | minority-owned and female-owned businesses and concerning |
24 | | the hiring of minorities and females. |
25 | | (9) Evidence the applicant used its best efforts to |
26 | | reach a goal of 25% ownership representation by minority |
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1 | | persons and 5% ownership representation by females. |
2 | | (b) Applicants shall submit with their application all |
3 | | documents,
resolutions, and letters of support from the |
4 | | governing body that represents
the municipality or county |
5 | | wherein the licensee will be located dock .
|
6 | | (c) Each applicant shall disclose the identity of every |
7 | | person or entity ,
association, trust or corporation having a |
8 | | greater than 1% direct or
indirect pecuniary interest in the |
9 | | riverboat gambling operation with
respect to which the license |
10 | | is sought. If the disclosed entity is a
trust, the application |
11 | | shall disclose the names and addresses of all the
|
12 | | beneficiaries; if a corporation, the names and
addresses of all |
13 | | stockholders and directors; if a partnership, the names
and |
14 | | addresses of all partners, both general and limited.
|
15 | | (d) An application shall be filed and considered in |
16 | | accordance with the rules of the Board. Each application shall |
17 | | be accompanied by a non-refundable An
application fee of |
18 | | $100,000. In addition, a non-refundable fee of $50,000 shall be |
19 | | paid at the time of filing
to defray the costs associated with |
20 | | the
background investigation conducted by the Board. If the |
21 | | costs of the
investigation exceed $50,000, the applicant shall |
22 | | pay the additional amount
to the Board within 7 days after |
23 | | requested by the Board . If the costs of the investigation are |
24 | | less than $50,000, the
applicant shall receive a refund of the |
25 | | remaining amount. All
information, records, interviews, |
26 | | reports, statements, memoranda or other
data supplied to or |
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1 | | used by the Board in the course of its review or
investigation |
2 | | of an application for a license or a renewal under this Act |
3 | | shall be
privileged, strictly confidential and shall be used |
4 | | only for the purpose of
evaluating an applicant for a license |
5 | | or a renewal. Such information, records, interviews, reports,
|
6 | | statements, memoranda or other data shall not be admissible as |
7 | | evidence,
nor discoverable in any action of any kind in any |
8 | | court or before any
tribunal, board, agency or person, except |
9 | | for any action deemed necessary
by the Board. The application |
10 | | fee shall be deposited into the Gaming Facilities Fee Revenue |
11 | | Fund.
|
12 | | (e) The Board shall charge each applicant a fee set by the |
13 | | Department of
State Police to defray the costs associated with |
14 | | the search and
classification of fingerprints obtained by the |
15 | | Board with respect to the
applicant's application. These fees |
16 | | shall be paid into the State Police
Services Fund. In order to |
17 | | expedite the application process, the Board may establish rules |
18 | | allowing applicants to acquire criminal background checks and |
19 | | financial integrity reviews as part of the initial application |
20 | | process from a list of vendors approved by the Board.
|
21 | | (f) The licensed owner shall be the person primarily |
22 | | responsible for the
boat or casino itself. Only one riverboat |
23 | | gambling operation may be authorized
by the Board on any |
24 | | riverboat or in any casino . The applicant must identify the |
25 | | each riverboat or premises
it intends to use and certify that |
26 | | the riverboat or premises : (1) has the authorized
capacity |
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1 | | required in this Act; (2) is accessible to persons with |
2 | | disabilities; and
(3) is fully registered and licensed in |
3 | | accordance
with any applicable laws.
|
4 | | (g) A person who knowingly makes a false statement on an |
5 | | application is
guilty of a Class A misdemeanor.
|
6 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
7 | | (230 ILCS 10/7) (from Ch. 120, par. 2407)
|
8 | | Sec. 7. Owners licenses.
|
9 | | (a) The Board shall issue owners licenses to persons or |
10 | | entities , firms or
corporations which apply for such licenses |
11 | | upon payment to the Board of the
non-refundable license fee as |
12 | | provided in subsection (e) or (e-5) set by the Board, upon |
13 | | payment of a $25,000
license fee for the first year of |
14 | | operation and a $5,000 license fee for
each succeeding year and |
15 | | upon a determination by the Board that the
applicant is |
16 | | eligible for an owners license pursuant to this Act , the |
17 | | Chicago Casino Development Authority Act, and the
rules of the |
18 | | Board. From the effective date of this amendatory Act of the |
19 | | 95th General Assembly until (i) 3 years after the effective |
20 | | date of this amendatory Act of the 95th General Assembly, (ii) |
21 | | the date any organization licensee begins to operate a slot |
22 | | machine or video game of chance under the Illinois Horse Racing |
23 | | Act of 1975 or this Act, (iii) the date that payments begin |
24 | | under subsection (c-5) of Section 13 of the Act, or (iv) the |
25 | | wagering tax imposed under Section 13 of this Act is increased |
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1 | | by law to reflect a tax rate that is at least as stringent or |
2 | | more stringent than the tax rate contained in subsection (a-3) |
3 | | of Section 13, or (v) when an owners licensee holding a license |
4 | | issued pursuant to Section 7.1 of this Act begins conducting |
5 | | gaming, whichever occurs first, as a condition of licensure and |
6 | | as an alternative source of payment for those funds payable |
7 | | under subsection (c-5) of Section 13 of this the Riverboat |
8 | | Gambling Act, any owners licensee that holds or receives its |
9 | | owners license on or after the effective date of this |
10 | | amendatory Act of the 94th General Assembly, other than an |
11 | | owners licensee operating a riverboat with adjusted gross |
12 | | receipts in calendar year 2004 of less than $200,000,000, must |
13 | | pay into the Horse Racing Equity Trust Fund, in addition to any |
14 | | other payments required under this Act, an amount equal to 3% |
15 | | of the adjusted gross receipts received by the owners licensee. |
16 | | The payments required under this Section shall be made by the |
17 | | owners licensee to the State Treasurer no later than 3:00 |
18 | | o'clock p.m. of the day after the day when the adjusted gross |
19 | | receipts were received by the owners licensee. A person , firm |
20 | | or entity corporation is ineligible to receive
an owners |
21 | | license if:
|
22 | | (1) the person has been convicted of a felony under the |
23 | | laws of this
State, any other state, or the United States;
|
24 | | (2) the person has been convicted of any violation of |
25 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
26 | | Code of 2012, or substantially similar laws of any other |
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1 | | jurisdiction;
|
2 | | (3) the person has submitted an application for a |
3 | | license under this
Act or the Chicago Casino Development |
4 | | Authority Act which contains false information;
|
5 | | (4) the person is
a member of the Board;
|
6 | | (5) a person defined in (1), (2), (3) or (4) is an |
7 | | officer, director or
managerial employee of the entity firm |
8 | | or corporation ;
|
9 | | (6) the entity firm or corporation employs a person |
10 | | defined in (1), (2), (3) or
(4) who participates in the |
11 | | management or operation of gambling operations
authorized |
12 | | under this Act or the Chicago Casino Development Authority |
13 | | Act ;
|
14 | | (7) (blank); or
|
15 | | (8) a license of the person or entity , firm or |
16 | | corporation issued under
this Act or the Chicago Casino |
17 | | Development Authority Act , or a license to own or operate |
18 | | gambling facilities
in any other jurisdiction, has been |
19 | | revoked.
|
20 | | The Board is expressly prohibited from making changes to |
21 | | the requirement that licensees make payment into the Horse |
22 | | Racing Equity Trust Fund without the express authority of the |
23 | | Illinois General Assembly and making any other rule to |
24 | | implement or interpret this amendatory Act of the 95th General |
25 | | Assembly. For the purposes of this paragraph, "rules" is given |
26 | | the meaning given to that term in Section 1-70 of the Illinois |
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1 | | Administrative Procedure Act. |
2 | | (a-1) Upon approval of the members of the Chicago Casino |
3 | | Development Board, the Chicago Casino Development Authority's |
4 | | executive director, and the Chicago casino operator licensee, |
5 | | the Board shall issue an owners license to the Chicago Casino |
6 | | Development Authority that authorizes the conduct of gambling |
7 | | operations in a casino or in an airport located in the City of |
8 | | Chicago. |
9 | | (b) In determining whether to grant an owners license to an |
10 | | applicant other than the Chicago Casino Development Authority , |
11 | | the
Board shall consider:
|
12 | | (1) the character, reputation, experience and |
13 | | financial integrity of the
applicants and of any other or |
14 | | separate person that either:
|
15 | | (A) controls, directly or indirectly, such |
16 | | applicant, or
|
17 | | (B) is controlled, directly or indirectly, by such |
18 | | applicant or by a
person which controls, directly or |
19 | | indirectly, such applicant;
|
20 | | (2) the facilities or proposed facilities for the |
21 | | conduct of riverboat
gambling;
|
22 | | (3) the highest prospective total revenue to be derived |
23 | | by the State
from the conduct of riverboat gambling;
|
24 | | (4) the extent to which the ownership of the applicant |
25 | | reflects the
diversity of the State by including minority |
26 | | persons, women, and persons with a disability
and the good |
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1 | | faith affirmative action plan of
each applicant to recruit, |
2 | | train and upgrade minority persons, women, and persons with |
3 | | a disability in all employment classifications;
|
4 | | (5) the financial ability of the applicant to purchase |
5 | | and maintain
adequate liability and casualty insurance;
|
6 | | (6) whether the applicant has adequate capitalization |
7 | | to provide and
maintain, for the duration of a license, a |
8 | | riverboat or casino ;
|
9 | | (7) the extent to which the applicant exceeds or meets |
10 | | other standards
for the issuance of an owners license which |
11 | | the Board may adopt by rule;
and
|
12 | | (8) the The amount of the applicant's license bid ; .
|
13 | | (9) the extent to which the applicant or the proposed |
14 | | host municipality plans to enter into revenue sharing |
15 | | agreements with communities other than the host |
16 | | municipality; and |
17 | | (10) the extent to which the ownership of an applicant |
18 | | includes the most qualified number of minority persons, |
19 | | females, and persons with a disability. |
20 | | (c) Each owners license shall specify the place where the |
21 | | casino riverboats shall
operate or the riverboat shall operate |
22 | | and dock.
|
23 | | (d) Each applicant shall submit with his application, on |
24 | | forms
provided by the Board, 2 sets of his fingerprints.
|
25 | | (e) In addition to any licenses authorized under subsection |
26 | | (e-5) of this Section, the The Board may issue up to 10 |
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1 | | licenses authorizing the holders of such
licenses to own |
2 | | riverboats. In the application for an owners license, the
|
3 | | applicant shall state the dock at which the riverboat is based |
4 | | and the water
on which the riverboat will be located. The Board |
5 | | shall issue 5 licenses to
become effective not earlier than |
6 | | January 1, 1991. Three of such licenses
shall authorize |
7 | | riverboat gambling on the Mississippi River, or, with approval
|
8 | | by the municipality in which the
riverboat was docked on August |
9 | | 7, 2003 and with Board approval, be authorized to relocate to a |
10 | | new location,
in a
municipality that (1) borders on the |
11 | | Mississippi River or is within 5
miles of the city limits of a |
12 | | municipality that borders on the Mississippi
River and (2), on |
13 | | August 7, 2003, had a riverboat conducting riverboat gambling |
14 | | operations pursuant to
a license issued under this Act; one of |
15 | | which shall authorize riverboat
gambling from a home dock in |
16 | | the city of East St. Louis. One other license
shall
authorize |
17 | | riverboat gambling on
the Illinois River in Tazewell County or, |
18 | | with Board approval, shall authorize the riverboat to relocate |
19 | | to a new location that is no more than 10 miles away from its |
20 | | original location, in a municipality that borders on the |
21 | | Illinois River or is within 5 miles of the city limits of a |
22 | | municipality that borders on the Illinois River south of |
23 | | Marshall County . The Board shall issue one
additional license |
24 | | to become effective not earlier than March 1, 1992, which
shall |
25 | | authorize riverboat gambling on the Des Plaines River in Will |
26 | | County.
The Board may issue 4 additional licenses to become |
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1 | | effective not
earlier than
March 1, 1992. In determining the |
2 | | water upon which riverboats will operate,
the Board shall |
3 | | consider the economic benefit which riverboat gambling confers
|
4 | | on the State, and shall seek to assure that all regions of the |
5 | | State share
in the economic benefits of riverboat gambling.
|
6 | | In granting all licenses, the Board may give favorable |
7 | | consideration to
economically depressed areas of the State, to |
8 | | applicants presenting plans
which provide for significant |
9 | | economic development over a large geographic
area, and to |
10 | | applicants who currently operate non-gambling riverboats in
|
11 | | Illinois.
The Board shall review all applications for owners |
12 | | licenses,
and shall inform each applicant of the Board's |
13 | | decision.
The Board may grant an owners license to an
applicant |
14 | | that has not submitted the highest license bid, but if it does |
15 | | not
select the highest bidder, the Board shall issue a written |
16 | | decision explaining
why another
applicant was selected and |
17 | | identifying the factors set forth in this Section
that favored |
18 | | the winning bidder. The fee for issuance or renewal of a |
19 | | license pursuant to this subsection (e) shall be $100,000.
|
20 | | (e-5) In addition to licenses authorized under subsection |
21 | | (e) of this Section: |
22 | | (1) the Board shall issue one owners license |
23 | | authorizing the conduct of casino gambling in the City of |
24 | | Chicago; |
25 | | (2) the Board may issue one owners license authorizing |
26 | | the conduct of riverboat gambling in the City of Danville; |
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1 | | (3) the Board may issue one owners license authorizing |
2 | | the conduct of riverboat gambling located in one of the |
3 | | following municipalities in Lake County: Park City, North |
4 | | Chicago, or Waukegan; |
5 | | (4) the Board may issue one owners license authorizing |
6 | | the conduct of riverboat gambling in the City of Rockford; |
7 | | (5) the Board may issue one owners license authorizing |
8 | | the conduct of riverboat gambling in a municipality that is |
9 | | wholly or partially located in one of the following |
10 | | townships of Cook County: Bloom, Bremen, Calumet, Rich, |
11 | | Thornton, or Worth Township; and |
12 | | (6) the Board may issue one owners license authorizing |
13 | | the conduct of riverboat gambling in the unincorporated |
14 | | area of Williamson County adjacent to the Big Muddy River. |
15 | | Each application for a license pursuant to this subsection |
16 | | (e-5) shall be submitted to the Board no later than 120 days |
17 | | after the effective date of this amendatory Act of the 100th |
18 | | General Assembly and shall include the non-refundable |
19 | | application fee and the non-refundable background |
20 | | investigation fee as provided in subsection (d) of Section 6 of |
21 | | this Act. In the event that an applicant submits an application |
22 | | for a license pursuant to this subsection (e-5) prior to the |
23 | | effective date of this amendatory Act of the 100th General |
24 | | Assembly, such applicant shall submit the non-refundable |
25 | | application fee and background investigation fee as provided in |
26 | | subsection (d) of Section 6 of this Act no later than 6 months |
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1 | | after the effective date of this amendatory Act of the 100th |
2 | | General Assembly. |
3 | | The Board shall consider issuing a license pursuant to |
4 | | paragraphs (2) through (6) of this subsection only after the |
5 | | corporate authority of the municipality or the county board of |
6 | | the county in which the riverboat shall be located has |
7 | | certified to the Board the following: |
8 | | (i) that the applicant has negotiated with the |
9 | | corporate authority or county board in good faith; |
10 | | (ii) that the applicant and the corporate authority or |
11 | | county board have mutually agreed on the permanent location |
12 | | of the riverboat; |
13 | | (iii) that the applicant and the corporate authority or |
14 | | county board have mutually agreed on the temporary location |
15 | | of the riverboat; |
16 | | (iv) that the applicant and the corporate authority or |
17 | | the county board have mutually agreed on the percentage of |
18 | | revenues that will be shared with the municipality or |
19 | | county, if any; and |
20 | | (v) that the applicant and the corporate authority or |
21 | | county board have mutually agreed on any zoning, licensing, |
22 | | public health, or other issues that are within the |
23 | | jurisdiction of the municipality or county. |
24 | | At least 7 days before the corporate authority of a |
25 | | municipality or county board of the county submits a |
26 | | certification to the Board concerning items (i) through (v) of |
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1 | | this subsection, it shall hold a public hearing to discuss |
2 | | items (i) through (v), as well as any other details concerning |
3 | | the proposed riverboat in the municipality or county. The |
4 | | corporate authority or county board must subsequently |
5 | | memorialize the details concerning the proposed riverboat in a |
6 | | resolution that must be adopted by a majority of the corporate |
7 | | authority or county board before any certification is sent to |
8 | | the Board. The Board shall not alter, amend, change, or |
9 | | otherwise interfere with any agreement between the applicant |
10 | | and the corporate authority of the municipality or county board |
11 | | of the county regarding the location of any temporary or |
12 | | permanent facility. |
13 | | In addition, prior to the Board issuing the owners license |
14 | | authorized under paragraph (4) of subsection (e-5), an impact |
15 | | study shall be completed to determine what location in the city |
16 | | will provide the greater impact to the region, including the |
17 | | creation of jobs and the generation of tax revenue. |
18 | | (e-10) The licenses authorized under subsection (e-5) of |
19 | | this Section shall be issued within 12 months after the date |
20 | | the license application is submitted. If the Board does not |
21 | | issue the licenses within that time period, then the Board |
22 | | shall give a written explanation to the applicant as to why it |
23 | | has not reached a determination and when it reasonably expects |
24 | | to make a determination. The fee for the issuance or renewal of |
25 | | a license issued pursuant to this subsection (e-10) shall be |
26 | | $100,000. Additionally, a licensee located outside of Cook |
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1 | | County shall pay a minimum initial fee of $17,500 per gaming |
2 | | position, and a licensee located in Cook County shall pay a |
3 | | minimum initial fee of $30,000 per gaming position. The initial |
4 | | fees payable under this subsection (e-10) shall be deposited |
5 | | into the Gaming Facilities Fee Revenue Fund. |
6 | | (e-15) Each licensee of a license authorized under |
7 | | subsection (e-5) of this Section shall make a reconciliation |
8 | | payment 3 years after the date the licensee begins operating in |
9 | | an amount equal to 75% of the adjusted gross receipts for the |
10 | | most lucrative 12-month period of operations, minus an amount |
11 | | equal to the initial payment per gaming position paid by the |
12 | | specific licensee. If this calculation results in a negative |
13 | | amount, then the licensee is not entitled to any
reimbursement |
14 | | of fees previously paid. This reconciliation payment may be |
15 | | made in installments over a period of no more than 2 years, |
16 | | subject to Board approval. Any installment payments shall |
17 | | include an annual market interest rate as determined by the |
18 | | Board. All payments by licensees under this subsection (e-15) |
19 | | shall be deposited into the Gaming Facilities Fee Revenue Fund. |
20 | | (e-20) In addition to any other revocation powers granted |
21 | | to the Board under this
Act,
the Board may revoke the owners |
22 | | license of a licensee , other than the Chicago Casino |
23 | | Development Authority, which fails
to begin conducting |
24 | | gambling within 15 months
of receipt of the
Board's approval of |
25 | | the application if the Board determines that license
revocation |
26 | | is in the best interests of the State.
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1 | | (f) The first 10 owners licenses issued under this Act |
2 | | shall permit the
holder to own up to 2 riverboats and equipment |
3 | | thereon
for a period of 3 years after the effective date of the |
4 | | license. Holders of
the first 10 owners licenses must pay the |
5 | | annual license fee for each of
the 3
years during which they |
6 | | are authorized to own riverboats.
|
7 | | (g) Upon the termination, expiration, or revocation of each |
8 | | of the first
10 licenses, which shall be issued for a 3 year |
9 | | period, all licenses are
renewable annually upon payment of the |
10 | | fee and a determination by the Board
that the licensee |
11 | | continues to meet all of the requirements of this Act and the
|
12 | | Board's rules.
However, for licenses renewed on or after May 1, |
13 | | 1998, including casino operator licenses, renewal shall be
for |
14 | | a period of 4 years, unless the Board sets a shorter period. |
15 | | Notwithstanding any provision in this subsection (g) to the |
16 | | contrary, any license that is awarded to the Chicago Casino |
17 | | Development Authority shall not expire, but it shall be subject |
18 | | to the provisions of this Act and the rules of the Board.
|
19 | | (h) An owners license , except for an owners license issued |
20 | | under subsection (e-5) of this Section, shall entitle the |
21 | | licensee to own up to 2
riverboats. |
22 | | An owners licensee of a casino or riverboat that is located |
23 | | in the City of Chicago pursuant to paragraph (1) of subsection |
24 | | (e-5) of this Section shall limit the number of gaming |
25 | | positions to 4,000 for such owner. An owners licensee |
26 | | authorized under subsection (e) or paragraph (2), (3), (4), or |
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1 | | (5) of subsection (e-5) of this Section shall limit the number |
2 | | of gaming positions to 1,600 for any such owners license, |
3 | | except as further provided in subsection (h-10) of this |
4 | | Section. An owners licensee authorized under paragraph (6) of |
5 | | subsection (e-5) of this Section A licensee shall limit the |
6 | | number of gaming positions gambling participants to
1,200 for |
7 | | any such owner. The initial fee for each gaming position |
8 | | obtained on or after the effective date of this amendatory Act |
9 | | of the 100th General Assembly shall be a minimum of $17,500 for |
10 | | licensees not located in Cook County and a minimum of $30,000 |
11 | | for licensees located in Cook County, in addition to the |
12 | | reconciliation payment, as set forth in subsections (e-15) or |
13 | | (h-5) of this Section owners license . The fees under this |
14 | | subsection (h) shall be deposited into the Gaming Facilities |
15 | | Fee Revenue
Fund. |
16 | | Each owners licensee shall reserve its gaming positions |
17 | | within 90 days after issuance of its owners license. The Board |
18 | | may grant an extension to this 90-day period, provided that the |
19 | | owners licensee submits a written request and explanation as to |
20 | | why it is unable to reserve its positions within the 90-day |
21 | | period. |
22 | | A licensee may operate both of its riverboats concurrently, |
23 | | provided that the
total number of gaming positions gambling |
24 | | participants on both riverboats does not exceed the limit |
25 | | established pursuant to this subsection and subsection (h-10) |
26 | | of this Section
1,200 . Riverboats licensed to operate on the
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1 | | Mississippi River and the Illinois River south of Marshall |
2 | | County shall
have an authorized capacity of at least 500 |
3 | | persons. Any other riverboat
licensed under this Act shall have |
4 | | an authorized capacity of at least 400
persons.
|
5 | | (h-5) An owners licensee who conducted gambling operations |
6 | | prior to January 1, 2012 and purchases positions pursuant to |
7 | | subsection (h-10) of this Section on or after the effective |
8 | | date of this amendatory Act of the 100th General Assembly must |
9 | | pay a minimum initial fee of $17,500 per additional gaming |
10 | | position if the licensee is located outside Cook County and a |
11 | | minimum initial fee of $30,000 per additional gaming position |
12 | | if the licensee is located in Cook County, as stated in |
13 | | subsection (h) of this Section. These initial fees shall be |
14 | | deposited into the Gaming Facilities Fee Revenue Fund. |
15 | | Additionally, that owners licensee shall make a reconciliation |
16 | | payment 3 years after any additional gaming positions obtained |
17 | | pursuant to subsection (h-10) begin operating in an amount |
18 | | equal to 75% of the owners licensee's average gross receipts |
19 | | for the most lucrative 12-month period of operations minus an |
20 | | amount equal to the initial fee that the owners licensee paid |
21 | | per additional gaming position. For purposes of this subsection |
22 | | (h-5), "average gross receipts" means (i) the increase in |
23 | | adjusted gross receipts for the most lucrative 12-month period |
24 | | of operations over the adjusted gross receipts for 2017, |
25 | | multiplied by (ii) the percentage derived by dividing the |
26 | | number of additional gaming positions that an owners licensee |
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1 | | had obtained pursuant to subsection (h-10) by the total number |
2 | | of gaming positions operated by the owners licensee. If this |
3 | | calculation results in a negative amount, then the owners |
4 | | licensee is not entitled to any reimbursement of fees |
5 | | previously paid. This reconciliation payment may be made in |
6 | | installments over a period of no more than 2 years, subject to |
7 | | Board approval. Any installment payments shall include an |
8 | | annual market interest rate as determined by the Board. These |
9 | | reconciliation payments shall be deposited into the Gaming |
10 | | Facilities Fee Revenue Fund. |
11 | | (h-10) For owners licensees authorized under paragraphs |
12 | | (2) through (5) of subsection (e-5) of this Section, the |
13 | | application for such new owners licenses shall ask the |
14 | | applicants to stipulate in their applications the number of |
15 | | gaming positions each applicant would like to reserve, up to |
16 | | 1,600 gaming positions. Once the last winning applicant for |
17 | | each of these owners licenses has been selected by the Board, |
18 | | the Board shall publish the number of gaming positions reserved |
19 | | and unreserved by each winning applicant, shall accept requests |
20 | | for additional gaming positions from any winning applicants or |
21 | | owners licensee who initially reserved 1,600 gaming positions, |
22 | | and shall allocate expeditiously the unreserved gaming |
23 | | positions to such requesting winning applicants or owners |
24 | | licensees in a manner to maximize revenue to the State; |
25 | | provided, however, that no owners licensee (other than the |
26 | | Chicago Casino Development Authority) shall obtain more than |
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1 | | 2,000 positions total. |
2 | | In the event that not all of the unreserved gaming |
3 | | positions described in the first and second paragraphs of this |
4 | | subsection (h-10) were requested by owners licensees and |
5 | | applicants, then until there are no longer unreserved gaming |
6 | | positions, the Board periodically shall govern a process to |
7 | | allocate the unreserved gaming positions in a manner to |
8 | | maximize revenue to the State. |
9 | | Unreserved gaming positions retained from and allocated to |
10 | | owners licensees by the Board pursuant to this subsection |
11 | | (h-10) shall not be allocated to electronic gaming licensees |
12 | | pursuant to subsection (e) of Section 7.7 of this Act. |
13 | | (i) A licensed owner is authorized to apply to the Board |
14 | | for and, if
approved therefor, to receive all licenses from the |
15 | | Board necessary for the
operation of a riverboat or casino , |
16 | | including a liquor license, a license
to prepare and serve food |
17 | | for human consumption, and other necessary
licenses. All use, |
18 | | occupation and excise taxes which apply to the sale of
food and |
19 | | beverages in this State and all taxes imposed on the sale or |
20 | | use
of tangible personal property apply to such sales aboard |
21 | | the riverboat or in the casino .
|
22 | | (j) The Board may issue or re-issue a license authorizing a |
23 | | riverboat to
dock
in a municipality or approve a relocation |
24 | | under Section 11.2 only if, prior
to the issuance or |
25 | | re-issuance of
the license or approval, the governing body of |
26 | | the municipality in which
the riverboat will dock has by a |
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1 | | majority vote approved the docking of
riverboats in the |
2 | | municipality. The Board may issue or re-issue a license
|
3 | | authorizing a
riverboat to dock in areas of a county outside |
4 | | any municipality or approve a
relocation under Section 11.2 |
5 | | only if, prior to the issuance or re-issuance
of the license
or |
6 | | approval, the
governing body of the county has by a majority |
7 | | vote approved of the docking of
riverboats within such areas.
|
8 | | (k) An owners licensee may conduct land-based gambling |
9 | | operations upon approval by the Board. |
10 | | (l) An owners licensee may conduct gaming at a temporary |
11 | | facility pending the construction of a permanent facility or |
12 | | the remodeling or relocation of an existing facility to |
13 | | accommodate gaming participants for up to 24 months after the |
14 | | temporary facility begins to conduct gaming. Upon request by an |
15 | | owners licensee and upon a showing of good cause by the owners |
16 | | licensee, the Board shall extend the period during which the |
17 | | licensee may conduct gaming at a temporary facility by up to 12 |
18 | | months. The Board shall make rules concerning the conduct of |
19 | | gaming from temporary facilities. |
20 | | (Source: P.A. 100-391, eff. 8-25-17.)
|
21 | | (230 ILCS 10/7.3)
|
22 | | Sec. 7.3. State conduct of gambling operations.
|
23 | | (a) If, after reviewing each application for a re-issued |
24 | | license, the
Board determines that the highest prospective |
25 | | total revenue to the State would
be derived from State conduct |
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1 | | of the gambling operation in lieu of re-issuing
the license, |
2 | | the Board shall inform each applicant of its decision. The |
3 | | Board
shall thereafter have the authority, without obtaining an |
4 | | owners license, to
conduct casino or riverboat gambling |
5 | | operations as
previously authorized by the terminated, |
6 | | expired, revoked, or nonrenewed
license through a licensed |
7 | | manager selected pursuant to an open and competitive
bidding
|
8 | | process as set forth in Section 7.5 and as provided in Section |
9 | | 7.4.
|
10 | | (b) The Board may locate any casino or riverboat on which a |
11 | | gambling operation is
conducted by the State in any home dock |
12 | | or other location authorized by Section 3(c)
upon receipt of |
13 | | approval from a majority vote of the governing body of the
|
14 | | municipality or county, as the case may be, in which the |
15 | | riverboat will dock.
|
16 | | (c) The Board shall have jurisdiction over and shall |
17 | | supervise all
gambling operations conducted by the State |
18 | | provided for in this Act and the Chicago Casino Development |
19 | | Authority Act and shall
have all powers necessary and proper to |
20 | | fully and effectively execute the
provisions of this Act and |
21 | | the Chicago Casino Development Authority Act relating to |
22 | | gambling operations conducted by the State.
|
23 | | (d) The maximum number of owners licenses authorized under |
24 | | Section 7
7(e)
shall be reduced by one for each instance in |
25 | | which the Board authorizes the
State to conduct a casino or |
26 | | riverboat gambling operation under subsection (a) in lieu of
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1 | | re-issuing a license to an applicant under Section 7.1.
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2 | | (Source: P.A. 93-28, eff. 6-20-03.)
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3 | | (230 ILCS 10/7.5)
|
4 | | Sec. 7.5. Competitive Bidding. When the Board determines |
5 | | that (i) it will re-issue an owners license pursuant to
an
open |
6 | | and competitive bidding process, as set forth in Section 7.1, |
7 | | (ii) or that it
will issue a managers license pursuant to an |
8 | | open and competitive bidding
process, as set forth in Section |
9 | | 7.4, or (iii) it will issue an owners license pursuant to an |
10 | | open
and competitive bidding process, as set forth in Section |
11 | | 7.12, the open and competitive bidding process
shall adhere to |
12 | | the following procedures:
|
13 | | (1) The Board shall make applications for owners and |
14 | | managers
licenses available to the public and allow a |
15 | | reasonable time for applicants to
submit applications to the |
16 | | Board.
|
17 | | (2) During the filing period for owners or managers license |
18 | | applications,
the
Board may retain the services of an |
19 | | investment banking firm to assist the Board
in conducting the |
20 | | open and competitive bidding process.
|
21 | | (3) After receiving all of the bid proposals, the Board |
22 | | shall open all of
the
proposals in a public forum and disclose |
23 | | the prospective owners or managers
names, venture partners, if |
24 | | any, and, in the case of applicants for owners
licenses, the |
25 | | locations of the proposed development sites.
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1 | | (4) The Board shall summarize the terms of the proposals |
2 | | and may make this
summary available to the public.
|
3 | | (5) The Board shall evaluate the proposals within a |
4 | | reasonable time and
select no
more than 3 final applicants to |
5 | | make presentations of their
proposals to the Board.
|
6 | | (6) The final applicants shall make their presentations to |
7 | | the
Board on
the same day during an open session of the Board.
|
8 | | (7) As soon as practicable after the public presentations |
9 | | by the final
applicants,
the Board, in its
discretion, may |
10 | | conduct further negotiations among the 3 final applicants.
|
11 | | During such negotiations, each final applicant may increase its |
12 | | license bid or
otherwise enhance its bid proposal. At the |
13 | | conclusion of such
negotiations, the Board shall
select the |
14 | | winning proposal. In the case of negotiations for
an owners |
15 | | license, the Board may, at the conclusion of such negotiations,
|
16 | | make the determination allowed under Section 7.3(a).
|
17 | | (8) Upon selection of a winning bid, the Board shall |
18 | | evaluate the winning
bid
within a reasonable period of time for |
19 | | licensee suitability in accordance with
all applicable |
20 | | statutory and regulatory criteria.
|
21 | | (9) If the winning bidder is unable or otherwise fails to
|
22 | | consummate the transaction, (including if the Board determines |
23 | | that the winning
bidder does not satisfy the suitability |
24 | | requirements), the Board may, on the
same criteria, select from |
25 | | the remaining bidders or make the determination
allowed under |
26 | | Section 7.3(a).
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1 | | (Source: P.A. 93-28, eff. 6-20-03.)
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2 | | (230 ILCS 10/7.7 new) |
3 | | Sec. 7.7. Electronic gaming. |
4 | | (a) The General Assembly finds that the horse racing and |
5 | | riverboat gambling industries share many similarities and |
6 | | collectively comprise the bulk of the State's gaming industry. |
7 | | One feature common to both industries is that each is highly |
8 | | regulated by the State of Illinois. The General Assembly |
9 | | further finds, however, that despite their shared features each |
10 | | industry is distinct from the other in that horse racing is and |
11 | | continues to be intimately tied to Illinois' agricultural |
12 | | economy and is, at its core, a spectator sport. This |
13 | | distinction requires the General Assembly to utilize different |
14 | | methods to regulate and promote the horse racing industry |
15 | | throughout the State. The General Assembly finds that in order |
16 | | to promote live horse racing as a spectator sport in Illinois |
17 | | and the agricultural economy of this State, it is necessary to |
18 | | allow electronic gaming at Illinois race tracks as an ancillary |
19 | | use given the success of other states in increasing live racing |
20 | | purse accounts and improving the quality of horses |
21 | | participating in horse race meetings. |
22 | | (b) The Illinois Gaming Board shall award one electronic |
23 | | gaming license to each person or entity having operating |
24 | | control of a race track that applies under Section 56 of the |
25 | | Illinois Horse Racing Act of 1975, subject to the application |
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1 | | and eligibility requirements of this Section. Within 60 days |
2 | | after the effective date of this amendatory Act of the 100th |
3 | | General Assembly, a person or entity having operating control |
4 | | of a race track may submit an application for an electronic |
5 | | gaming license. The application shall be made on such forms as |
6 | | provided by the Board and shall contain such information as the |
7 | | Board prescribes, including, but not limited to, the identity |
8 | | of any race track at which electronic gaming will be conducted, |
9 | | detailed information regarding the ownership and management of |
10 | | the applicant, and detailed personal information regarding the |
11 | | applicant. The application shall specify the number of gaming |
12 | | positions the applicant intends to use and the place where the |
13 | | electronic gaming facility will operate. A person who knowingly |
14 | | makes a false statement on an application is guilty of a Class |
15 | | A misdemeanor. |
16 | | Each applicant shall disclose the identity of every person |
17 | | or entity having a direct or indirect pecuniary interest |
18 | | greater than 1% in any race track with respect to which the |
19 | | license is sought. If the disclosed entity is a corporation, |
20 | | the applicant shall disclose the names and addresses of all |
21 | | stockholders and directors. If the disclosed entity is a |
22 | | limited liability company, the applicant shall disclose the |
23 | | names and addresses of all members and managers. If the |
24 | | disclosed entity is a partnership, the applicant shall disclose |
25 | | the names and addresses of all partners, both general and |
26 | | limited. If the disclosed entity is a trust, the applicant |
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1 | | shall disclose the names and addresses of all beneficiaries. |
2 | | An application shall be filed and considered in accordance |
3 | | with the rules of the Board. Each application for an electronic |
4 | | gaming license shall include a non-refundable application fee |
5 | | of $100,000. In addition, a non-refundable fee of $50,000 shall |
6 | | be paid at the time of filing to defray the costs associated |
7 | | with background investigations conducted by the Board. If the |
8 | | costs of the background investigation exceed $50,000, the |
9 | | applicant shall pay the additional amount to the Board within 7 |
10 | | days after a request by the Board. If the costs of the |
11 | | investigation are less than $50,000, the applicant shall |
12 | | receive a refund of the remaining amount. All information, |
13 | | records, interviews, reports, statements, memoranda, or other |
14 | | data supplied to or used by the Board in the course of this |
15 | | review or investigation of an applicant for an electronic |
16 | | gaming license under this Act shall be privileged and strictly |
17 | | confidential and shall be used only for the purpose of |
18 | | evaluating an applicant for an electronic gaming license or a |
19 | | renewal. Such information, records, interviews, reports, |
20 | | statements, memoranda, or other data shall not be admissible as |
21 | | evidence nor discoverable in any action of any kind in any |
22 | | court or before any tribunal, board, agency or person, except |
23 | | for any action deemed necessary by the Board. The application |
24 | | fee shall be deposited into the Gaming Facilities Fee Revenue |
25 | | Fund. |
26 | | Each applicant shall submit with his or her application, on |
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1 | | forms provided by the Board, 2 sets of his or her fingerprints. |
2 | | The Board shall charge each applicant a fee set by the |
3 | | Department of State Police to defray the costs associated with |
4 | | the search and classification of fingerprints obtained by the |
5 | | Board with respect to the applicant's application. This fee |
6 | | shall be paid into the State Police Services Fund. |
7 | | (c) The Board shall determine within 120 days after |
8 | | receiving an application for an electronic gaming license |
9 | | whether to grant an electronic gaming license to the applicant. |
10 | | If the Board does not make a determination within that time |
11 | | period, then the Board shall give a written explanation to the |
12 | | applicant as to why it has not reached a determination and when |
13 | | it reasonably expects to make a determination. |
14 | | The electronic gaming licensee shall purchase up to the |
15 | | amount of electronic gaming positions authorized under this Act |
16 | | within 120 days after receiving its electronic gaming license. |
17 | | If an electronic gaming licensee is prepared to purchase the |
18 | | electronic gaming positions, but is temporarily prohibited |
19 | | from doing so by order of a court of competent jurisdiction or |
20 | | the Board, then the 120-day period is tolled until a resolution |
21 | | is reached. |
22 | | An electronic gaming license shall authorize its holder to |
23 | | conduct gaming under this Act at its racetracks on the same |
24 | | days of the year and hours of the day that owner licenses are |
25 | | allowed to operate under approval of the Board. |
26 | | A license to conduct electronic gaming and any renewal of |
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1 | | an electronic gaming license shall authorize electronic gaming |
2 | | for a period of 4 years. The fee for the issuance or renewal of |
3 | | an electronic gaming license shall be $100,000. |
4 | | (d) To be eligible to conduct electronic gaming, a person |
5 | | or entity having operating control of a race track must (i) |
6 | | obtain an electronic gaming license, (ii) hold an organization |
7 | | license under the Illinois Horse Racing Act of 1975, (iii) hold |
8 | | an inter-track wagering license, (iv) pay an initial fee of |
9 | | $30,000 per gaming position from electronic gaming licensees |
10 | | where electronic gaming is conducted in Cook County and $17,500 |
11 | | for electronic gaming licensees where electronic gaming is |
12 | | located outside of Cook County before beginning to conduct |
13 | | electronic gaming plus make the reconciliation payment |
14 | | required under subsection (k), (v) conduct live racing in |
15 | | accordance with subsections (e-1), (e-2), and (e-3) of Section |
16 | | 20 of the Illinois Horse Racing Act of 1975 or for a licensee |
17 | | that is only authorized 350 gaming positions pursuant to |
18 | | subsection (d) of Section 7.7 of this Act, have a fully |
19 | | operational facility running at least 96 live races over a |
20 | | period of at least 15 days per year until such time as the |
21 | | total number of gaming positions is increased to 900, (vi) meet |
22 | | the requirements of subsection (a) of Section 56 of the |
23 | | Illinois Horse Racing Act of 1975, (vii) for organization |
24 | | licensees conducting standardbred race meetings, keep |
25 | | backstretch barns and dormitories open and operational |
26 | | year-round unless a lesser schedule is mutually agreed to by |
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1 | | the organization licensee and the horsemen's association |
2 | | racing at that organization licensee's race meeting, (viii) for |
3 | | organization licensees conducting thoroughbred race meetings, |
4 | | the organization licensee must maintain accident medical |
5 | | expense liability insurance coverage of $1,000,000 for |
6 | | jockeys, and (ix) meet all other requirements of this Act that |
7 | | apply to owners licensees. |
8 | | An electronic gaming licensee may enter into a joint |
9 | | venture with a licensed owner to own, manage, conduct, or |
10 | | otherwise operate the electronic gaming licensee's electronic |
11 | | gaming facilities, unless the electronic gaming licensee has a |
12 | | parent company or other affiliated company that is, directly or |
13 | | indirectly, wholly owned by a parent company that is also |
14 | | licensed to conduct electronic gaming, casino gaming, or their |
15 | | equivalent in another state. |
16 | | All payments by licensees under this subsection (c) shall |
17 | | be deposited into the Gaming Facilities Fee Revenue Fund. |
18 | | (e) A person or entity is ineligible to receive an |
19 | | electronic gaming license if: |
20 | | (1) the person or entity has been convicted of a felony |
21 | | under the laws of this State, any other state, or the |
22 | | United States, including a conviction under the Racketeer |
23 | | Influenced and Corrupt Organizations Act; |
24 | | (2) the person or entity has been convicted of any |
25 | | violation of Article 28 of the Criminal Code of 2012, or |
26 | | substantially similar laws of any other jurisdiction; |
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1 | | (3) the person or entity has submitted an application |
2 | | for a license under this Act that contains false |
3 | | information; |
4 | | (4) the person is a member of the Board; |
5 | | (5) a person defined in (1), (2), (3), or (4) of this |
6 | | subsection (e) is an officer, director, or managerial |
7 | | employee of the entity; |
8 | | (6) the person or entity employs a person defined in |
9 | | (1), (2), (3), or (4) of this subsection (e) who |
10 | | participates in the management or operation of gambling |
11 | | operations authorized under this Act; or |
12 | | (7) a license of the person or entity issued under this |
13 | | Act or a license to own or operate gambling facilities in |
14 | | any other jurisdiction has been revoked. |
15 | | (f) The Board may approve electronic gaming positions |
16 | | statewide as provided in this Section. The authority to operate |
17 | | electronic gaming positions under this Section shall be |
18 | | allocated as follows: up to 1,200 gaming positions for any |
19 | | electronic gaming licensee in Cook County; up to 900 gaming |
20 | | positions for any electronic gaming licensee outside of Cook |
21 | | County; and up to 350 gaming positions for any electronic |
22 | | gaming licensee whose electronic gaming license originates |
23 | | with an organization licensee that did not conduct live racing |
24 | | in calendar year 2010, which shall increase to 900 gaming |
25 | | positions in the calendar year following the year in which the |
26 | | electronic gaming licensee conducts 96 live races. |
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1 | | (g) Each applicant for an electronic gaming license shall |
2 | | specify in its application for licensure the number of gaming |
3 | | positions it will operate, up to the applicable limitation set |
4 | | forth in subsection (f) of this Section. Any unreserved gaming |
5 | | positions that are not specified shall be forfeited and |
6 | | retained by the Board. For the purposes of this subsection (g), |
7 | | an electronic gaming licensee that did not conduct live racing |
8 | | in 2010 may reserve up to 900 positions and shall not be |
9 | | penalized under this Section for not operating those positions |
10 | | until it meets the requirements of subsection (f) of this |
11 | | Section, but such licensee shall not request unreserved gaming |
12 | | positions under this subsection (g) until its 900 positions are |
13 | | all operational. |
14 | | Thereafter, the Board shall publish the number of |
15 | | unreserved electronic gaming positions and shall accept |
16 | | requests for additional positions from any electronic gaming |
17 | | licensee that initially reserved all of the positions that were |
18 | | offered. The Board shall allocate expeditiously the unreserved |
19 | | electronic gaming positions to requesting electronic gaming |
20 | | licensees in a manner that maximizes revenue to the State. The |
21 | | Board may allocate any such unused electronic gaming positions |
22 | | pursuant to an open and competitive bidding process, as |
23 | | provided under Section 7.5 of this Act. This process shall |
24 | | continue until all unreserved gaming positions have been |
25 | | purchased. All positions obtained pursuant to this process and |
26 | | all positions the electronic gaming licensee specified it would |
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1 | | operate in its application must be in operation within 18 |
2 | | months after they were obtained or the electronic gaming |
3 | | licensee forfeits the right to operate those positions, but is |
4 | | not entitled to a refund of any fees paid. The Board may, after |
5 | | holding a public hearing, grant extensions so long as the |
6 | | electronic gaming licensee is working in good faith to make the |
7 | | positions operational. The extension may be for a period of 6 |
8 | | months. If, after the period of the extension, the electronic |
9 | | gaming licensee has not made the positions operational, then |
10 | | another public hearing must be held by the Board before it may |
11 | | grant another extension. |
12 | | Unreserved gaming positions retained from and allocated to |
13 | | electronic gaming licensees by the Board pursuant to this |
14 | | subsection (g) shall not be allocated to owners licensees |
15 | | pursuant to subsection (h-10) of Section 7 of this Act. |
16 | | For the purpose of this subsection (g), the unreserved |
17 | | gaming positions for each electronic gaming licensee shall be |
18 | | the applicable limitation set forth in subsection (f) of this |
19 | | Section, less the number of reserved gaming positions by such |
20 | | electronic gaming licensee, and the total unreserved gaming |
21 | | positions shall be the aggregate of the unreserved gaming |
22 | | positions for all electronic gaming licensees. |
23 | | (h) Subject to the approval of the Illinois Gaming Board, |
24 | | an electronic gaming licensee may make modification or |
25 | | additions to any existing buildings and structures to comply |
26 | | with the requirements of this Act. The Illinois Gaming Board |
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1 | | shall make its decision after consulting with the Illinois |
2 | | Racing Board. In no case, however, shall the Illinois Gaming |
3 | | Board approve any modification or addition that alters the |
4 | | grounds of the organizational licensee such that the act of |
5 | | live racing is an ancillary activity to electronic gaming.
|
6 | | Electronic gaming may take place in existing structures where |
7 | | inter-track wagering is conducted at the race track or a |
8 | | facility within 300 yards of the race track in accordance with |
9 | | the provisions of this Act and the Illinois Horse Racing Act of |
10 | | 1975. |
11 | | (i) An electronic gaming licensee may conduct electronic |
12 | | gaming at a temporary facility pending the construction of a |
13 | | permanent facility or the remodeling or relocation of an |
14 | | existing facility to accommodate electronic gaming |
15 | | participants for up to 24 months after the temporary facility |
16 | | begins to conduct electronic gaming. Upon request by an |
17 | | electronic gaming licensee and upon a showing of good cause by |
18 | | the electronic gaming licensee, the Board shall extend the |
19 | | period during which the licensee may conduct electronic gaming |
20 | | at a temporary facility by up to 12 months. The Board shall |
21 | | make rules concerning the conduct of electronic gaming from |
22 | | temporary facilities. |
23 | | Electronic gaming may take place in existing structures |
24 | | where inter-track wagering is conducted at the race track or a |
25 | | facility within 300 yards of the race track in accordance with |
26 | | the provisions of this Act and the Illinois Horse Racing Act of |
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1 | | 1975. |
2 | | (i-5) Under no circumstances shall an electronic gaming |
3 | | licensee conduct electronic gaming at any State or county fair. |
4 | | (j) The Illinois Gaming Board must adopt emergency rules in |
5 | | accordance with Section 5-45 of the Illinois Administrative |
6 | | Procedure Act as necessary to ensure compliance with the |
7 | | provisions of this amendatory Act of the 100th General Assembly
|
8 | | concerning electronic gaming. The adoption of emergency rules |
9 | | authorized by this subsection (j) shall be deemed to be |
10 | | necessary for the public interest, safety, and welfare. |
11 | | (k) Each electronic gaming licensee who obtains electronic |
12 | | gaming positions must make a reconciliation payment 3 years |
13 | | after the date the electronic gaming licensee begins operating |
14 | | the positions in an amount equal to 75% of the difference |
15 | | between its adjusted gross receipts from electronic gaming and |
16 | | amounts paid to its purse accounts pursuant to item (1) of |
17 | | subsection (b) of Section 56 of the Illinois Horse Racing Act |
18 | | of 1975 for the 12-month period for which such difference was |
19 | | the largest, minus an amount equal to the initial per position |
20 | | fee paid by the electronic gaming licensee. If this calculation |
21 | | results in a negative amount, then the electronic gaming |
22 | | licensee is not entitled to any reimbursement of fees |
23 | | previously paid. This reconciliation payment may be made in |
24 | | installments over a period of no more than 2 years, subject to |
25 | | Board approval. Any installment payments shall include an |
26 | | annual market interest rate as determined by the Board. |
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1 | | All payments by licensees under this subsection (i) shall |
2 | | be deposited into the Gaming Facilities Fee Revenue Fund. |
3 | | (l) As soon as practical after a request is made by the |
4 | | Illinois Gaming Board, to minimize duplicate submissions by the |
5 | | applicant, the Illinois Racing Board must provide information |
6 | | on an applicant for an electronic gaming license to the |
7 | | Illinois Gaming Board.
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8 | | (230 ILCS 10/7.8 new)
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9 | | Sec. 7.8. Home rule. The regulation and licensing of |
10 | | electronic gaming and electronic gaming licensees are |
11 | | exclusive powers and functions of the State. A home rule unit |
12 | | may not regulate or license electronic gaming or electronic |
13 | | gaming licensees. This Section is a denial and limitation of |
14 | | home rule powers and functions under subsection (h) of Section
|
15 | | 6 of Article VII of the Illinois Constitution.
|
16 | | (230 ILCS 10/7.9 new) |
17 | | Sec. 7.9. Casino operator license. |
18 | | (a) A qualified person may apply to the Board for a casino |
19 | | operator license to
operate
and manage any gambling operation |
20 | | conducted by the Authority. The application shall
be
made on |
21 | | forms provided by the Board and shall contain such information |
22 | | as the
Board
prescribes, including but not limited to |
23 | | information required in Sections 6(a),
(b), and
(c) and |
24 | | information relating to the applicant's proposed price to |
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1 | | manage the Authority's gambling
operations and to provide the |
2 | | casino, gambling equipment, and supplies
necessary to
conduct |
3 | | Authority gambling operations. The application shall also |
4 | | include a non-refundable application fee of $100,000. This |
5 | | application fee shall be deposited into the Gaming Facilities |
6 | | Fee Revenue Fund. |
7 | | (b) A person or entity is ineligible to receive a casino |
8 | | operator license if:
|
9 | | (1) the person has been convicted of a felony under the |
10 | | laws of this
State, any other state, or the United States;
|
11 | | (2) the person has been convicted of any violation of |
12 | | Article 28 of
the Criminal Code of 2012, or substantially |
13 | | similar laws of any other
jurisdiction;
|
14 | | (3) the person has submitted an application for a |
15 | | license under this
Act or the Chicago Casino Development |
16 | | Authority Act which contains false information;
|
17 | | (4) the person is a member of the Board or the Chicago |
18 | | Casino Development Board or the person is an official or |
19 | | employee of the Chicago Casino Development Authority or the |
20 | | City of Chicago;
|
21 | | (5) a person defined in (1), (2), (3), or (4) is an |
22 | | officer, director, or
managerial employee of the entity;
|
23 | | (6) the entity employs a person defined in (1), (2), |
24 | | (3),
or (4) who participates in the management or operation |
25 | | of gambling
operations authorized under this Act; or
|
26 | | (7) a license of the person or entity issued under this |
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1 | | Act,
or
a license to own or operate gambling facilities in |
2 | | any other jurisdiction, has
been revoked.
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3 | | (c) In determining whether to grant a casino operator |
4 | | license, the
Board shall consider:
|
5 | | (1) the character, reputation, experience and |
6 | | financial integrity of the
applicants and of any other or |
7 | | separate person that either:
|
8 | | (A) controls, directly or indirectly, such |
9 | | applicant, or
|
10 | | (B) is controlled, directly or indirectly, by such |
11 | | applicant or by a
person which controls, directly or |
12 | | indirectly, such applicant;
|
13 | | (2) the facilities or proposed facilities for the |
14 | | conduct of
gambling;
|
15 | | (3) the preference of the municipality in which the |
16 | | licensee will operate;
|
17 | | (4) the extent to which the ownership of the applicant |
18 | | reflects the
diversity of the State by including minority |
19 | | persons and females
and the good faith affirmative action |
20 | | plan of
each applicant to recruit, train, and upgrade |
21 | | minority persons and females in all employment |
22 | | classifications;
|
23 | | (5) the financial ability of the applicant to purchase |
24 | | and maintain
adequate liability and casualty insurance;
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25 | | (6) whether the applicant has adequate capitalization |
26 | | to provide and
maintain, for the duration of a license, a |
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1 | | casino; and
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2 | | (7) the extent to which the applicant exceeds or meets |
3 | | other standards
for the issuance of a casino operator |
4 | | license that the Board may adopt by rule.
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5 | | (d) Each applicant shall submit with his or her |
6 | | application, on forms
prescribed by
the Board, 2 sets of his or |
7 | | her fingerprints. The Board shall charge each applicant a fee |
8 | | set by the Department of State Police to defray the costs |
9 | | associated with the search and classification of fingerprints |
10 | | obtained by the Board with respect to the applicant's |
11 | | application. This fee shall be paid into the State Police |
12 | | Services Fund.
|
13 | | (e) A person who knowingly makes a false statement on an |
14 | | application is
guilty of a Class A misdemeanor.
|
15 | | (f) The Board shall charge each applicant a non-refundable |
16 | | fee of $50,000 to defray the costs associated with the |
17 | | background investigation conducted by the Board. This fee shall |
18 | | be exclusive of any other fee or fees charged in connection |
19 | | with an application for and, if applicable, the issuance of, a |
20 | | casino operator license. If the costs of the investigation |
21 | | exceed $50,000, the Board shall immediately notify the |
22 | | applicant of the additional amount owed, payment of which must |
23 | | be submitted to the Board within 7 days after such |
24 | | notification. All information, records, interviews, reports, |
25 | | statements, memoranda, or other data supplied to or used by the |
26 | | Board in the course of its review or investigation of an |
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1 | | application for a license or a renewal under this Act shall be |
2 | | privileged and strictly confidential and shall be used only for |
3 | | the purpose of evaluating an applicant for a license or a |
4 | | renewal. Such information, records, interviews, reports, |
5 | | statements, memoranda, or other data shall not be admissible as |
6 | | evidence, nor discoverable in any action of any kind in any |
7 | | court or before any tribunal, board, agency, or person, except |
8 | | for any action deemed necessary by the Board. |
9 | | (g) The casino operator license shall be issued only upon |
10 | | proof that the applicant has entered into a labor peace |
11 | | agreement with each labor organization that is actively engaged |
12 | | in representing and attempting to represent casino and |
13 | | hospitality industry workers in this State. The labor peace |
14 | | agreement must be a valid and enforceable agreement under 29 |
15 | | U.S.C. 185 that protects the city's and State's revenues from |
16 | | the operation of the casino facility by prohibiting the labor |
17 | | organization and its members from engaging in any picketing, |
18 | | work stoppages, boycotts, or any other economic interference |
19 | | with the casino facility for at least the first 5 years of the |
20 | | casino license and must cover all operations at the casino |
21 | | facility that are conducted by lessees or tenants or under |
22 | | management agreements. |
23 | | (h) The casino operator license shall be for a term of 4 |
24 | | years, shall
be
renewable by the Board, and shall contain such |
25 | | terms and
provisions as the Board deems necessary to protect or |
26 | | enhance the
credibility and integrity of State gambling |
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1 | | operations, achieve the highest
prospective total revenue to |
2 | | the State, and otherwise serve the interests of
the citizens of |
3 | | Illinois. The Board may suspend, restrict, or revoke the |
4 | | license: |
5 | | (1) for violation of any provision of this Act; |
6 | | (2) for violation of any rules of the Board; |
7 | | (3) for any cause which, if known to the Board, would |
8 | | have disqualified the applicant from receiving the |
9 | | license; or |
10 | | (4) for any other just cause.
|
11 | | (230 ILCS 10/7.10 new) |
12 | | Sec. 7.10. Diversity program. |
13 | | (a) Each owners licensee, electronic gaming licensee, |
14 | | casino operator licensee, and suppliers licensee shall |
15 | | establish and maintain a diversity program to ensure |
16 | | non-discrimination in the award and administration of |
17 | | contracts. The programs shall establish goals of awarding not |
18 | | less than 20% of the annual dollar value of all contracts, |
19 | | purchase orders, or other agreements to minority-owned |
20 | | businesses and 5% of the annual dollar value of all contracts |
21 | | to female-owned businesses. |
22 | | (b) Each owners licensee, electronic gaming licensee, |
23 | | casino operator licensee, and suppliers licensee shall |
24 | | establish and maintain a diversity program designed to promote |
25 | | equal opportunity for employment. The program shall establish |
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1 | | hiring goals as the Board and each licensee determines |
2 | | appropriate. The Board shall monitor the progress of the gaming |
3 | | licensee's progress with respect to the program's goals. |
4 | | (c) No later than May 31 of each year, each licensee shall |
5 | | report to the Board (1) the number of respective employees and |
6 | | the number of its respective employees who have designated |
7 | | themselves as members of a minority group and gender and (2) |
8 | | the total goals achieved under subsection (a) of this Section |
9 | | as a percentage of the total contracts awarded by the license. |
10 | | In addition, all licensees shall submit a report with respect |
11 | | to the minority-owned and female-owned businesses program |
12 | | created in this Section to the Board. |
13 | | (d) When considering whether to re-issue or renew a license |
14 | | to an owners licensee, electronic gaming licensee, casino |
15 | | operator licensee, or suppliers licensee, the Board shall take |
16 | | into account the licensee's success in complying with the |
17 | | provisions of this Section. If an owners licensee, electronic |
18 | | gaming licensee, casino operator licensee, or suppliers |
19 | | licensee has not satisfied the goals contained in this Section, |
20 | | the Board shall require a written explanation as to why the |
21 | | licensee is not in compliance and shall require the licensee to |
22 | | file multi-year metrics designed to achieve compliance with the |
23 | | provisions by the next renewal period, consistent with State |
24 | | and federal law.
|
25 | | (230 ILCS 10/7.11 new) |
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1 | | Sec. 7.11. Annual report on diversity. |
2 | | (a) Each licensee that receives a license under Sections 7, |
3 | | 7.1, and 7.7 shall execute and file a report with the Board no |
4 | | later than December 31 of each year that shall contain, but not |
5 | | be limited to, the following information: |
6 | | (i) a good faith affirmative action plan to recruit, |
7 | | train, and upgrade minority persons, females, and persons |
8 | | with a disability in all employment classifications; |
9 | | (ii) the total dollar amount of contracts that were |
10 | | awarded to businesses owned by minority persons, females, |
11 | | and persons with a disability; |
12 | | (iii) the total number of businesses owned by minority |
13 | | persons, females, and persons with a disability that were |
14 | | utilized by the licensee; |
15 | | (iv) the utilization of businesses owned by minority |
16 | | persons, females, and persons with disabilities during the |
17 | | preceding year; and |
18 | | (v) the outreach efforts used by the licensee to |
19 | | attract investors and businesses consisting of minority |
20 | | persons, females, and persons with a disability. |
21 | | (b) The Board shall forward a copy of each licensee's |
22 | | annual reports to the General Assembly no later than February 1 |
23 | | of each year.
|
24 | | (230 ILCS 10/7.12 new) |
25 | | Sec. 7.12. Issuance of new owners licenses. |
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1 | | (a) Except for the owners license issued to the Chicago |
2 | | Casino Development Authority, owners licenses newly authorized |
3 | | pursuant to this amendatory Act of the 100th General Assembly |
4 | | may be issued by the Board to a qualified applicant pursuant to |
5 | | an open and competitive bidding process, as set forth in |
6 | | Section 7.5, and subject to the maximum number of authorized |
7 | | licenses set forth in subsection (e-5) of Section 7 of this |
8 | | Act. |
9 | | (b) To be a qualified applicant, a person or entity may not |
10 | | be ineligible to receive an owners license under subsection (a) |
11 | | of Section 7 of this Act and must submit an application for an |
12 | | owners license that complies with Section 6 of this Act. |
13 | | (c) In determining whether to grant an owners license to an |
14 | | applicant, the Board shall consider all of the factors set |
15 | | forth in subsections (b) and (e-10) of Section 7 of this Act, |
16 | | as well as the amount of the applicant's license bid. The Board |
17 | | may grant the owners license to an applicant that has not |
18 | | submitted the highest license bid, but if it does not select |
19 | | the highest bidder, the Board shall issue a written decision |
20 | | explaining why another applicant was selected and identifying |
21 | | the factors set forth in subsections (b) and (e-10) of Section |
22 | | 7 of this Act that favored the winning bidder.
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23 | | (230 ILCS 10/7.13 new) |
24 | | Sec. 7.13. Environmental standards. All permanent |
25 | | casinos, riverboats, and electronic gaming facilities shall |
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1 | | consist of buildings that are certified as meeting the U.S. |
2 | | Green Building Council's Leadership in Energy and |
3 | | Environmental Design standards. The provisions of this Section |
4 | | apply to a holder of an owners license, casino operator |
5 | | license, or electronic gaming license that (i) begins |
6 | | operations on or after January 1, 2018 or (ii) relocates its |
7 | | facilities on or after the effective date of this amendatory |
8 | | Act of the 100th General Assembly.
|
9 | | (230 ILCS 10/8) (from Ch. 120, par. 2408)
|
10 | | Sec. 8. Suppliers licenses.
|
11 | | (a) The Board may issue a suppliers license to such |
12 | | persons, firms or
corporations which apply therefor upon the |
13 | | payment of a non-refundable
application fee set by the Board, |
14 | | upon a determination by the Board that
the applicant is |
15 | | eligible for a suppliers license and upon payment of a
$5,000 |
16 | | annual license
fee.
|
17 | | (b) The holder of a suppliers license is authorized to sell |
18 | | or lease,
and to contract to sell or lease, gambling equipment |
19 | | and supplies to any
licensee involved in the ownership or |
20 | | management of gambling operations.
|
21 | | (c) Gambling supplies and equipment may not be distributed
|
22 | | unless supplies and equipment conform to standards adopted by
|
23 | | rules of the Board.
|
24 | | (d) A person, firm or corporation is ineligible to receive |
25 | | a suppliers
license if:
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1 | | (1) the person has been convicted of a felony under the |
2 | | laws of this
State, any other state, or the United States;
|
3 | | (2) the person has been convicted of any violation of |
4 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
5 | | Code of 2012, or substantially similar laws of any other |
6 | | jurisdiction;
|
7 | | (3) the person has submitted an application for a |
8 | | license under this
Act which contains false information;
|
9 | | (4) the person is a member of the Board;
|
10 | | (5) the entity firm or corporation is one in which a |
11 | | person defined in (1),
(2), (3) or (4), is an officer, |
12 | | director or managerial employee;
|
13 | | (6) the firm or corporation employs a person who |
14 | | participates in the
management or operation of riverboat |
15 | | gambling authorized under this Act or the Chicago Casino |
16 | | Development Authority Act ;
|
17 | | (7) the license of the person, firm or corporation |
18 | | issued under
this Act or the Chicago Casino Development |
19 | | Authority Act , or a license to own or operate gambling |
20 | | facilities
in any other jurisdiction, has been revoked.
|
21 | | (e) Any person that supplies any equipment, devices, or |
22 | | supplies to a
licensed riverboat gambling operation or casino |
23 | | or electronic gaming operation must first obtain a suppliers
|
24 | | license. A supplier shall furnish to the Board a list of all |
25 | | equipment,
devices and supplies offered for sale or lease in |
26 | | connection with gambling
games authorized under this Act. A |
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1 | | supplier shall keep books and records
for the furnishing of |
2 | | equipment, devices and supplies to gambling
operations |
3 | | separate and distinct from any other business that the supplier
|
4 | | might operate. A supplier shall file a quarterly return with |
5 | | the Board
listing all sales and leases. A supplier shall |
6 | | permanently affix its name or a distinctive logo or other mark |
7 | | or design element identifying the manufacturer or supplier
to |
8 | | all its equipment, devices, and supplies, except gaming chips |
9 | | without a value impressed, engraved, or imprinted on it, for |
10 | | gambling operations.
The Board may waive this requirement for |
11 | | any specific product or products if it determines that the |
12 | | requirement is not necessary to protect the integrity of the |
13 | | game. Items purchased from a licensed supplier may continue to |
14 | | be used even though the supplier subsequently changes its name, |
15 | | distinctive logo, or other mark or design element; undergoes a |
16 | | change in ownership; or ceases to be licensed as a supplier for |
17 | | any reason. Any supplier's equipment, devices or supplies which |
18 | | are used by any person
in an unauthorized gambling operation |
19 | | shall be forfeited to the State. A holder of an owners license |
20 | | or an electronic gaming license A
licensed owner may own its |
21 | | own equipment, devices and supplies. Each
holder of an owners |
22 | | license or an electronic gaming license under the Act shall |
23 | | file an annual report
listing its inventories of gambling |
24 | | equipment, devices and supplies.
|
25 | | (f) Any person who knowingly makes a false statement on an |
26 | | application
is guilty of a Class A misdemeanor.
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1 | | (g) Any gambling equipment, devices and supplies provided |
2 | | by any
licensed supplier may either be repaired on the |
3 | | riverboat , in the casino, or at the electronic gaming facility |
4 | | or removed from
the riverboat , casino, or electronic gaming |
5 | | facility to a an on-shore facility owned by the holder of an |
6 | | owners
license or electronic gaming license for repair.
|
7 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; |
8 | | 98-756, eff. 7-16-14.)
|
9 | | (230 ILCS 10/9) (from Ch. 120, par. 2409)
|
10 | | Sec. 9. Occupational licenses.
|
11 | | (a) The Board may issue an occupational license to an |
12 | | applicant upon the
payment of a non-refundable fee set by the |
13 | | Board, upon a determination by
the Board that the applicant is |
14 | | eligible for an occupational license and
upon payment of an |
15 | | annual license fee in an amount to be established. To
be |
16 | | eligible for an occupational license, an applicant must:
|
17 | | (1) be at least 21 years of age if the applicant will |
18 | | perform any
function involved in gaming by patrons. Any |
19 | | applicant seeking an
occupational license for a non-gaming |
20 | | function shall be at least 18 years
of age;
|
21 | | (2) not have been convicted of a felony offense, a |
22 | | violation of Article
28 of the Criminal Code of 1961 or the |
23 | | Criminal Code of 2012, or a similar statute of any other
|
24 | | jurisdiction;
|
25 | | (2.5) not have been convicted of a crime, other than a |
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1 | | crime described in item (2) of this subsection (a), |
2 | | involving dishonesty or moral turpitude, except that the |
3 | | Board may, in its discretion, issue an occupational license |
4 | | to a person who has been convicted of a crime described in |
5 | | this item (2.5) more than 10 years prior to his or her |
6 | | application and has not subsequently been convicted of any |
7 | | other crime;
|
8 | | (3) have demonstrated a level of skill or knowledge |
9 | | which the Board
determines to be necessary in order to |
10 | | operate gambling aboard a riverboat , in a casino, or at an |
11 | | electronic gaming facility ; and
|
12 | | (4) have met standards for the holding of an |
13 | | occupational license as
adopted by rules of the Board. Such |
14 | | rules shall provide that any person or
entity seeking an |
15 | | occupational license to manage gambling operations
under |
16 | | this Act or the Chicago Casino Development Authority Act |
17 | | hereunder shall be subject to background inquiries and |
18 | | further requirements
similar to those required of |
19 | | applicants for an owners license.
Furthermore, such rules |
20 | | shall provide that each such entity shall be
permitted to |
21 | | manage gambling operations for only one licensed owner.
|
22 | | (b) Each application for an occupational license shall be |
23 | | on forms
prescribed by the Board and shall contain all |
24 | | information required by the
Board. The applicant shall set |
25 | | forth in the application: whether he has been
issued prior |
26 | | gambling related licenses; whether he has been licensed in any
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1 | | other state under any other name, and, if so, such name and his |
2 | | age; and
whether or not a permit or license issued to him in |
3 | | any other state has
been suspended, restricted or revoked, and, |
4 | | if so, for what period of time.
|
5 | | (c) Each applicant shall submit with his application, on |
6 | | forms provided
by the Board, 2 sets of his fingerprints. The |
7 | | Board shall charge each
applicant a fee set by the Department |
8 | | of State Police to defray the costs
associated with the search |
9 | | and classification of fingerprints obtained by
the Board with |
10 | | respect to the applicant's application. These fees shall be
|
11 | | paid into the State Police Services Fund.
|
12 | | (d) The Board may in its discretion refuse an occupational |
13 | | license to
any person: (1) who is unqualified to perform the |
14 | | duties required of such
applicant; (2) who fails to disclose or |
15 | | states falsely any information
called for in the application; |
16 | | (3) who has been found guilty of a
violation of this Act or the |
17 | | Chicago Casino Development Authority Act or whose prior |
18 | | gambling related license or
application therefor has been |
19 | | suspended, restricted, revoked or denied for
just cause in any |
20 | | other state; or (4) for any other just cause.
|
21 | | (e) The Board may suspend, revoke or restrict any |
22 | | occupational licensee:
(1) for violation of any provision of |
23 | | this Act; (2) for violation of any
of the rules and regulations |
24 | | of the Board; (3) for any cause which, if
known to the Board, |
25 | | would have disqualified the applicant from receiving
such |
26 | | license; or (4) for default in the payment of any obligation or |
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1 | | debt
due to the State of Illinois; or (5) for any other just |
2 | | cause.
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3 | | (f) A person who knowingly makes a false statement on an |
4 | | application is
guilty of a Class A misdemeanor.
|
5 | | (g) Any license issued pursuant to this Section shall be |
6 | | valid for a
period of one year from the date of issuance.
|
7 | | (h) Nothing in this Act shall be interpreted to prohibit a |
8 | | licensed
owner or electronic gaming licensee from entering into |
9 | | an agreement with a public community college or a school |
10 | | approved under the
Private Business and Vocational Schools Act |
11 | | of 2012 for the training of any
occupational licensee. Any |
12 | | training offered by such a school shall be in
accordance with a |
13 | | written agreement between the licensed owner or electronic |
14 | | gaming licensee and the school.
|
15 | | (i) Any training provided for occupational licensees may be |
16 | | conducted
either at the site of the gambling facility on the |
17 | | riverboat or at a school with which a licensed owner or |
18 | | electronic gaming licensee has
entered into an agreement |
19 | | pursuant to subsection (h).
|
20 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12; |
21 | | 97-1150, eff. 1-25-13.)
|
22 | | (230 ILCS 10/11) (from Ch. 120, par. 2411)
|
23 | | Sec. 11. Conduct of gambling. Gambling may be conducted by |
24 | | licensed owners or licensed managers on behalf
of the State |
25 | | aboard riverboats . Gambling may be conducted by electronic |
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1 | | gaming licensees at electronic gaming facilities. Gambling may |
2 | | be conducted by a casino operator licensee at a casino. |
3 | | Gambling authorized under this Section is ,
subject to the |
4 | | following standards:
|
5 | | (1) A licensee may conduct riverboat gambling |
6 | | authorized under this Act
regardless of whether it conducts |
7 | | excursion cruises. A licensee may permit
the continuous |
8 | | ingress and egress of patrons passengers on a riverboat not |
9 | | used for excursion cruises for the purpose of gambling. |
10 | | Excursion cruises shall not exceed 4 hours for a round |
11 | | trip. However, the Board may grant express approval for an |
12 | | extended cruise on a case-by-case basis.
|
13 | | (2) (Blank).
|
14 | | (3) Minimum and maximum wagers on games shall be set by |
15 | | the licensee.
|
16 | | (4) Agents of the Board and the Department of State |
17 | | Police may board
and inspect any riverboat , enter and |
18 | | inspect any portion of a casino, or enter and inspect any |
19 | | portion of an electronic gaming facility at any time for |
20 | | the purpose of determining
whether this Act or the Chicago |
21 | | Casino Development Authority Act is being complied with. |
22 | | Every riverboat, if under way and
being hailed by a law |
23 | | enforcement officer or agent of the Board, must stop
|
24 | | immediately and lay to.
|
25 | | (5) Employees of the Board shall have the right to be |
26 | | present on the
riverboat or in the casino or on adjacent |
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1 | | facilities under the control of the licensee and at the |
2 | | electronic gaming facility under the control of the |
3 | | electronic gaming licensee .
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4 | | (6) Gambling equipment and supplies customarily used |
5 | | in conducting
riverboat or casino gambling or electronic |
6 | | gaming must be purchased or leased only from suppliers |
7 | | licensed
for such purpose under this Act. The Board may |
8 | | approve the transfer, sale, or lease of gambling equipment |
9 | | and supplies by a licensed owner from or to an affiliate of |
10 | | the licensed owner as long as the gambling equipment and |
11 | | supplies were initially acquired from a supplier licensed |
12 | | in Illinois.
|
13 | | (7) Persons licensed under this Act or the Chicago |
14 | | Casino Development Authority Act shall permit no form of |
15 | | wagering on
gambling games except as permitted by this Act.
|
16 | | (8) Wagers may be received only from a person present |
17 | | on a licensed
riverboat , in a casino, or at an electronic |
18 | | gaming facility . No person present on a licensed riverboat , |
19 | | in a casino, or at an electronic gaming facility shall |
20 | | place
or attempt to place a wager on behalf of another |
21 | | person who is not present
on the riverboat , in a casino, or |
22 | | at the electronic gaming facility .
|
23 | | (9) Wagering , including electronic gaming, shall not |
24 | | be conducted with money or other negotiable
currency.
|
25 | | (10) A person under age 21 shall not be permitted on an |
26 | | area of a
riverboat or casino where gambling is being |
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1 | | conducted or at an electronic gaming facility where |
2 | | gambling is being conducted , except for a person at least
|
3 | | 18 years of age who is an employee of the riverboat or |
4 | | casino gambling operation or electronic gaming operation . |
5 | | No
employee under age 21 shall perform any function |
6 | | involved in gambling by
the patrons. No person under age 21 |
7 | | shall be permitted to make a wager under
this Act or the |
8 | | Chicago Casino Development Authority Act , and any winnings |
9 | | that are a result of a wager by a person under age 21, |
10 | | whether or not paid by a licensee, shall be treated as |
11 | | winnings for the privilege tax purposes, confiscated, and |
12 | | forfeited to the State and deposited into the Education |
13 | | Assistance Fund.
|
14 | | (11) Gambling excursion cruises are permitted only |
15 | | when the waterway for
which the riverboat is licensed is |
16 | | navigable, as determined by
the Board in consultation with |
17 | | the U.S. Army Corps of Engineers.
This paragraph (11) does |
18 | | not limit the ability of a licensee to conduct
gambling |
19 | | authorized under this Act when gambling excursion cruises |
20 | | are not
permitted.
|
21 | | (12) All tokens, chips or electronic cards used to make |
22 | | wagers must be
purchased (i) from a licensed owner or |
23 | | manager , in the case of a riverboat, either aboard a |
24 | | riverboat or at
an onshore
facility which has been approved |
25 | | by the Board and which is located where
the riverboat |
26 | | docks , (ii) in the case of a casino, from a licensed owner |
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1 | | or licensed casino operator at the casino, or (iii) from an |
2 | | electronic gaming licensee at the electronic gaming |
3 | | facility . The tokens, chips or electronic cards may be
|
4 | | purchased by means of an agreement under which the owner , |
5 | | or manager , or licensed casino operator extends
credit to
|
6 | | the patron. Such tokens, chips or electronic cards may be |
7 | | used
while aboard the riverboat , in the casino, or at the |
8 | | electronic gaming facility only for the purpose of making |
9 | | wagers on
gambling games.
|
10 | | (13) Notwithstanding any other Section of this Act or |
11 | | the Chicago Casino Development Authority Act , in addition |
12 | | to the
other licenses authorized under this Act or the |
13 | | Chicago Casino Development Authority Act , the Board may |
14 | | issue special event
licenses allowing persons who are not |
15 | | otherwise licensed to conduct
riverboat gambling to |
16 | | conduct such gambling on a specified date or series
of |
17 | | dates. Riverboat gambling under such a license may take |
18 | | place on a
riverboat not normally used for riverboat |
19 | | gambling. The Board shall
establish standards, fees and |
20 | | fines for, and limitations upon, such
licenses, which may |
21 | | differ from the standards, fees, fines and limitations
|
22 | | otherwise applicable under this Act or the Chicago Casino |
23 | | Development Authority Act . All such fees shall be deposited |
24 | | into
the State Gaming Fund. All such fines shall be |
25 | | deposited into the
Education Assistance Fund, created by |
26 | | Public Act 86-0018, of the State
of Illinois.
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1 | | (14) In addition to the above, gambling must be |
2 | | conducted in accordance
with all rules adopted by the |
3 | | Board.
|
4 | | (Source: P.A. 96-1392, eff. 1-1-11.)
|
5 | | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
|
6 | | Sec. 11.1. Collection of amounts owing under credit |
7 | | agreements. Notwithstanding any applicable statutory provision |
8 | | to the contrary, a
licensed owner , licensed or manager , |
9 | | licensed casino operator, or electronic gaming licensee who |
10 | | extends credit to a riverboat gambling patron or an electronic |
11 | | gaming patron
pursuant
to Section 11 (a) (12) of this Act is |
12 | | expressly authorized to institute a
cause of action to collect |
13 | | any amounts due and owing under the extension of
credit, as |
14 | | well as the licensed owner's , licensed or manager's , licensed |
15 | | casino operator's, or electronic gaming licensee's costs, |
16 | | expenses and reasonable
attorney's
fees incurred in |
17 | | collection.
|
18 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
19 | | (230 ILCS 10/12) (from Ch. 120, par. 2412)
|
20 | | Sec. 12. Admission tax; fees.
|
21 | | (a) A tax is hereby imposed upon admissions to riverboat |
22 | | and casino gambling facilities riverboats operated by
licensed |
23 | | owners authorized pursuant to this Act and the Chicago Casino |
24 | | Development Authority Act . Until July 1, 2002, the
rate is $2 |
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1 | | per person admitted. From July 1, 2002 until
July 1, 2003, the |
2 | | rate is $3 per person admitted.
From July 1, 2003 until August |
3 | | 23, 2005 (the effective date of Public Act 94-673), for a |
4 | | licensee that admitted 1,000,000 persons or
fewer in the |
5 | | previous calendar year, the rate is $3 per person admitted; for |
6 | | a
licensee that admitted more than 1,000,000 but no more than |
7 | | 2,300,000 persons
in the previous calendar year, the rate is $4 |
8 | | per person admitted; and for
a licensee that admitted more than |
9 | | 2,300,000 persons in the previous calendar
year, the rate is $5 |
10 | | per person admitted.
Beginning on August 23, 2005 (the |
11 | | effective date of Public Act 94-673), for a licensee that |
12 | | admitted 1,000,000 persons or
fewer in calendar year 2004, the |
13 | | rate is $2 per person admitted, and for all other
licensees, |
14 | | including licensees that were not conducting gambling |
15 | | operations in 2004, the rate is $3 per person admitted.
This |
16 | | admission tax is imposed upon the
licensed owner conducting |
17 | | gambling.
|
18 | | (1) The admission tax shall be paid for each admission, |
19 | | except that a person who exits a riverboat gambling |
20 | | facility and reenters that riverboat gambling facility |
21 | | within the same gaming day shall be subject only to the |
22 | | initial admission tax.
|
23 | | (2) (Blank).
|
24 | | (3) The riverboat licensee may issue tax-free passes to
|
25 | | actual and necessary officials and employees of the |
26 | | licensee or other
persons actually working on the |
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1 | | riverboat.
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2 | | (4) The number and issuance of tax-free passes is |
3 | | subject to the rules
of the Board, and a list of all |
4 | | persons to whom the tax-free passes are
issued shall be |
5 | | filed with the Board.
|
6 | | (a-5) A fee is hereby imposed upon admissions operated by |
7 | | licensed
managers on behalf of the State pursuant to Section |
8 | | 7.3 at the rates provided
in
this subsection (a-5). For a |
9 | | licensee that
admitted 1,000,000 persons or fewer in the |
10 | | previous calendar year, the rate is
$3 per person admitted; for |
11 | | a licensee that admitted more than 1,000,000 but no
more than |
12 | | 2,300,000 persons
in the previous calendar year, the rate is $4 |
13 | | per person admitted; and for
a licensee that admitted more than |
14 | | 2,300,000 persons in the previous calendar
year, the rate is $5 |
15 | | per person admitted.
|
16 | | (1) The admission fee shall be paid for each admission.
|
17 | | (2) (Blank).
|
18 | | (3) The licensed manager may issue fee-free passes to |
19 | | actual and necessary
officials and employees of the manager |
20 | | or other persons actually working on the
riverboat.
|
21 | | (4) The number and issuance of fee-free passes is |
22 | | subject to the rules
of the Board, and a list of all |
23 | | persons to whom the fee-free passes are
issued shall be |
24 | | filed with the Board.
|
25 | | (b) Except as provided in subsection (b-5), from From the |
26 | | tax imposed under subsection (a) and the fee imposed under
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1 | | subsection (a-5), a municipality shall receive from the State |
2 | | $1 for each
person embarking on a riverboat docked within the |
3 | | municipality or entering a casino located within the |
4 | | municipality , and a county
shall receive $1 for each person |
5 | | entering a casino or embarking on a riverboat docked within the
|
6 | | county but outside the boundaries of any municipality. The |
7 | | municipality's or
county's share shall be collected by the |
8 | | Board on behalf of the State and
remitted quarterly by the |
9 | | State, subject to appropriation, to the treasurer of
the unit |
10 | | of local government for deposit in the general fund.
|
11 | | (b-5) From the tax imposed under subsection (a) and the fee |
12 | | imposed under subsection (a-5), $1 for each person embarking on |
13 | | a riverboat designated in paragraph (4) of subsection (e-5) of |
14 | | Section 7 shall be divided as follows: $0.70 to the City of |
15 | | Rockford, $0.05 to the City of Loves Park, $0.05 to the Village |
16 | | of Machesney Park, and $0.20 to Winnebago County. |
17 | | The municipality's or county's share shall be collected by |
18 | | the Board on behalf of the State and remitted monthly by the |
19 | | State, subject to appropriation, to the treasurer of the unit |
20 | | of local government for deposit in the general fund. |
21 | | (c) The licensed owner shall pay the entire admission tax |
22 | | to the Board and
the licensed manager or the casino operator |
23 | | licensee shall pay the entire admission fee to the Board.
Such |
24 | | payments shall be made daily. Accompanying each payment shall |
25 | | be a
return on forms provided by the Board which shall include |
26 | | other
information regarding admissions as the Board may |
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1 | | require. Failure to
submit either the payment or the return |
2 | | within the specified time may
result in suspension or |
3 | | revocation of the owners or managers license.
|
4 | | (c-5) A tax is imposed on admissions to electronic gaming |
5 | | facilities at the rate of $3 per person admitted by an |
6 | | electronic gaming licensee. The tax is imposed upon the |
7 | | electronic gaming licensee. |
8 | | (1) The admission tax shall be paid for each admission, |
9 | | except that a person who exits an electronic gaming |
10 | | facility and reenters that electronic gaming facility |
11 | | within the same gaming day, as the term "gaming day" is |
12 | | defined by the Board by rule, shall be subject only to the |
13 | | initial admission tax. The Board shall establish, by rule, |
14 | | a procedure to determine whether a person admitted to an |
15 | | electronic gaming facility has paid the admission tax. |
16 | | (2) An electronic gaming licensee may issue tax-free |
17 | | passes to actual and necessary officials and employees of |
18 | | the licensee and other persons associated with electronic |
19 | | gaming operations. |
20 | | (3) The number and issuance of tax-free passes is |
21 | | subject to the rules of the Board, and a list of all |
22 | | persons to whom the tax-free passes are issued shall be
|
23 | | filed with the Board. |
24 | | (4) The electronic gaming licensee shall pay the entire |
25 | | admission tax to the Board. |
26 | | Such payments shall be made daily. Accompanying each |
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1 | | payment shall be a return on forms provided by the Board, which |
2 | | shall include other information regarding admission as the |
3 | | Board may require. Failure to submit either the payment or the |
4 | | return within the specified time may result in suspension or |
5 | | revocation of the electronic gaming license. |
6 | | From the tax imposed under this subsection (c-5), a |
7 | | municipality other than the Village of Stickney or the City of |
8 | | Collinsville in which an electronic gaming facility is located, |
9 | | or if the electronic gaming facility is not located within a |
10 | | municipality, then the county in which the electronic gaming |
11 | | facility is located, except as otherwise provided in this |
12 | | Section, shall receive, subject to appropriation, $1 for each |
13 | | person who enters the electronic gaming facility. For each |
14 | | admission to the electronic gaming facility in excess of |
15 | | 1,500,000 in a year, from the tax imposed under this subsection |
16 | | (c-5), the county in which the electronic gaming facility is |
17 | | located shall receive, subject to appropriation, $0.30, which |
18 | | shall be in addition to any other moneys paid to the county |
19 | | under this Section. |
20 | | From the tax imposed under this subsection (c-5) on an |
21 | | electronic gaming facility located in the Village of Stickney, |
22 | | $1 for each person who enters the electronic gaming facility |
23 | | shall be distributed as follows, subject to appropriation: |
24 | | $0.24 to the Village of Stickney, $0.49 to the Town of Cicero, |
25 | | $0.05 to the City of Berwyn, and $0.17 to the Stickney Public |
26 | | Health District, and $0.05 to the City of Bridgeview. |
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1 | | From the tax imposed under this subsection (c-5) on an |
2 | | electronic gaming facility located in the City of Collinsville, |
3 | | $1 for each person who enters the electronic gaming facility |
4 | | shall be distributed as follows, subject to appropriation: |
5 | | $0.45 to the City of Alton, $0.45 to the City of East St. |
6 | | Louis, and $0.10 to the City of Collinsville. |
7 | | After payments required under this subsection (c-5) have |
8 | | been made, all remaining amounts shall be deposited into the |
9 | | Education Assistance Fund. |
10 | | (d) The Board shall administer and collect the admission |
11 | | tax imposed by
this Section, to the extent practicable, in a |
12 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
13 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the |
14 | | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform |
15 | | Penalty and Interest Act.
|
16 | | (Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
|
17 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
18 | | Sec. 13. Wagering tax; rate; distribution.
|
19 | | (a) Until January 1, 1998, a tax is imposed on the adjusted |
20 | | gross
receipts received from gambling games authorized under |
21 | | this Act at the rate of
20%.
|
22 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege |
23 | | tax is
imposed on persons engaged in the business of conducting |
24 | | riverboat gambling
operations, based on the adjusted gross |
25 | | receipts received by a licensed owner
from gambling games |
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1 | | authorized under this Act at the following rates:
|
2 | | 15% of annual adjusted gross receipts up to and |
3 | | including $25,000,000;
|
4 | | 20% of annual adjusted gross receipts in excess of |
5 | | $25,000,000 but not
exceeding $50,000,000;
|
6 | | 25% of annual adjusted gross receipts in excess of |
7 | | $50,000,000 but not
exceeding $75,000,000;
|
8 | | 30% of annual adjusted gross receipts in excess of |
9 | | $75,000,000 but not
exceeding $100,000,000;
|
10 | | 35% of annual adjusted gross receipts in excess of |
11 | | $100,000,000.
|
12 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
13 | | is imposed on
persons engaged in the business of conducting |
14 | | riverboat gambling operations,
other than licensed managers |
15 | | conducting riverboat gambling operations on behalf
of the |
16 | | State, based on the adjusted gross receipts received by a |
17 | | licensed
owner from gambling games authorized under this Act at |
18 | | the following rates:
|
19 | | 15% of annual adjusted gross receipts up to and |
20 | | including $25,000,000;
|
21 | | 22.5% of annual adjusted gross receipts in excess of |
22 | | $25,000,000 but not
exceeding $50,000,000;
|
23 | | 27.5% of annual adjusted gross receipts in excess of |
24 | | $50,000,000 but not
exceeding $75,000,000;
|
25 | | 32.5% of annual adjusted gross receipts in excess of |
26 | | $75,000,000 but not
exceeding $100,000,000;
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1 | | 37.5% of annual adjusted gross receipts in excess of |
2 | | $100,000,000 but not
exceeding $150,000,000;
|
3 | | 45% of annual adjusted gross receipts in excess of |
4 | | $150,000,000 but not
exceeding $200,000,000;
|
5 | | 50% of annual adjusted gross receipts in excess of |
6 | | $200,000,000.
|
7 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
8 | | persons engaged
in the business of conducting riverboat |
9 | | gambling operations, other than
licensed managers conducting |
10 | | riverboat gambling operations on behalf of the
State, based on |
11 | | the adjusted gross receipts received by a licensed owner from
|
12 | | gambling games authorized under this Act at the following |
13 | | rates:
|
14 | | 15% of annual adjusted gross receipts up to and |
15 | | including $25,000,000;
|
16 | | 27.5% of annual adjusted gross receipts in excess of |
17 | | $25,000,000 but not
exceeding $37,500,000;
|
18 | | 32.5% of annual adjusted gross receipts in excess of |
19 | | $37,500,000 but not
exceeding $50,000,000;
|
20 | | 37.5% of annual adjusted gross receipts in excess of |
21 | | $50,000,000 but not
exceeding $75,000,000;
|
22 | | 45% of annual adjusted gross receipts in excess of |
23 | | $75,000,000 but not
exceeding $100,000,000;
|
24 | | 50% of annual adjusted gross receipts in excess of |
25 | | $100,000,000 but not
exceeding $250,000,000;
|
26 | | 70% of annual adjusted gross receipts in excess of |
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1 | | $250,000,000.
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2 | | An amount equal to the amount of wagering taxes collected |
3 | | under this
subsection (a-3) that are in addition to the amount |
4 | | of wagering taxes that
would have been collected if the |
5 | | wagering tax rates under subsection (a-2)
were in effect shall |
6 | | be paid into the Common School Fund.
|
7 | | The privilege tax imposed under this subsection (a-3) shall |
8 | | no longer be
imposed beginning on the earlier of (i) July 1, |
9 | | 2005; (ii) the first date
after June 20, 2003 that riverboat |
10 | | gambling operations are conducted
pursuant to a dormant |
11 | | license; or (iii) the first day that riverboat gambling
|
12 | | operations are conducted under the authority of an owners |
13 | | license that is in
addition to the 10 owners licenses initially |
14 | | authorized under this Act.
For the purposes of this subsection |
15 | | (a-3), the term "dormant license"
means an owners license that |
16 | | is authorized by this Act under which no
riverboat gambling |
17 | | operations are being conducted on June 20, 2003.
|
18 | | (a-4) Beginning on the first day on which the tax imposed |
19 | | under
subsection (a-3) is no longer imposed and ending upon the |
20 | | imposition of the privilege tax under subsection (a-5) of this |
21 | | Section , a privilege tax is imposed on persons
engaged in the |
22 | | business of conducting riverboat or casino gambling or |
23 | | electronic gaming operations, other
than licensed managers |
24 | | conducting riverboat gambling operations on behalf of
the |
25 | | State, based on the adjusted gross receipts received by a |
26 | | licensed owner
from gambling games authorized under this Act at |
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1 | | the following rates:
|
2 | | 15% of annual adjusted gross receipts up to and |
3 | | including $25,000,000;
|
4 | | 22.5% of annual adjusted gross receipts in excess of |
5 | | $25,000,000 but not
exceeding $50,000,000;
|
6 | | 27.5% of annual adjusted gross receipts in excess of |
7 | | $50,000,000 but not
exceeding $75,000,000;
|
8 | | 32.5% of annual adjusted gross receipts in excess of |
9 | | $75,000,000 but not
exceeding $100,000,000;
|
10 | | 37.5% of annual adjusted gross receipts in excess of |
11 | | $100,000,000 but not
exceeding $150,000,000;
|
12 | | 45% of annual adjusted gross receipts in excess of |
13 | | $150,000,000 but not
exceeding $200,000,000;
|
14 | | 50% of annual adjusted gross receipts in excess of |
15 | | $200,000,000.
|
16 | | For the imposition of the privilege tax in this subsection |
17 | | (a-4), amounts paid pursuant to item (1) of subsection (b) of |
18 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
19 | | be included in the determination of adjusted gross receipts. |
20 | | (a-4.5) Beginning on the first day of the calendar month |
21 | | immediately following 24 months after the effective date of |
22 | | this amendatory Act of the 100th General Assembly and ending on |
23 | | the date gambling operations, commence at a permanent facility |
24 | | with respect to the owners license authorized under paragraph |
25 | | (1) of subsection (e-5) of Section 7 of this Act, a privilege |
26 | | tax is imposed on persons engaged in the business of conducting |
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1 | | riverboat or casino gambling or electronic gaming operations, |
2 | | other than licensed managers conducting riverboat gambling |
3 | | operations on behalf of the State, based on the adjusted gross |
4 | | receipts received by such licensee from the gambling games |
5 | | authorized under this Act. The privilege tax shall be the |
6 | | average of the privilege tax, in terms of dollar amounts, |
7 | | calculated pursuant to subsection (a-4) and subsection (a-6). |
8 | | (a-5) Beginning on January 1 following the opening of the |
9 | | permanent casino at which gambling operations are conducted |
10 | | pursuant to the Chicago Casino Development Authority Act, a |
11 | | privilege tax is imposed on persons engaged in the business of |
12 | | conducting riverboat or casino gambling or electronic gaming |
13 | | operations, other than licensed managers conducting riverboat |
14 | | gambling operations on behalf of the State, based on the |
15 | | adjusted gross receipts received by such licensee from the |
16 | | gambling games authorized under this Act and the Chicago Casino |
17 | | Development Authority Act. The privilege tax for all gambling |
18 | | games other than table games, including, but not limited to, |
19 | | slot machines, video game of chance gambling, and electronic |
20 | | gambling games shall be at the following rates: |
21 | | 10% of annual adjusted gross receipts up to and |
22 | | including $25,000,000; |
23 | | 17.5% of annual adjusted gross receipts in excess of |
24 | | $25,000,000 but not exceeding $50,000,000; |
25 | | 22.5% of annual adjusted gross receipts in excess of |
26 | | $50,000,000 but not exceeding $75,000,000; |
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1 | | 27.5% of annual adjusted gross receipts in excess of |
2 | | $75,000,000 but not exceeding $100,000,000; |
3 | | 32.5% of annual adjusted gross receipts in excess of |
4 | | $100,000,000 but not exceeding $150,000,000; |
5 | | 35% of annual adjusted gross receipts in excess of |
6 | | $150,000,000 but not exceeding $200,000,000; |
7 | | 40% of annual adjusted gross receipts in excess of |
8 | | $200,000,000 but not exceeding $300,000,000; |
9 | | 30% of annual adjusted gross receipts in excess of |
10 | | $300,000,000 but not exceeding $350,000,000; |
11 | | 20% of annual adjusted gross receipts in excess of |
12 | | $350,000,000, but not exceeding $800,000,000; |
13 | | 50% of annual adjusted gross receipts in excess of |
14 | | $800,000,000. |
15 | | The privilege tax for table games shall be at the following |
16 | | rates: |
17 | | 10% of annual adjusted gross receipts up to and |
18 | | including $25,000,000; |
19 | | 17.5% of annual adjusted gross receipts in excess of |
20 | | $25,000,000 but not exceeding $50,000,000; |
21 | | 22.5% of annual adjusted gross receipts in excess of |
22 | | $50,000,000 but not exceeding $70,000,000; |
23 | | 16% of annual adjusted gross receipts in excess of |
24 | | $70,000,000. |
25 | | For the imposition of the privilege tax in this subsection |
26 | | (a-5), amounts paid pursuant to item (1) of subsection (b) of |
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1 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
2 | | be included in the determination of adjusted gross receipts. |
3 | | (a-6) From the effective date of this amendatory Act of the |
4 | | 100th General Assembly until June 30, 2022, an owners licensee |
5 | | that conducted gambling operations prior to January 1, 2011 |
6 | | shall receive a dollar-for-dollar credit against the tax |
7 | | imposed under this Section for any renovation or construction |
8 | | costs paid by the owners licensee, but in no event shall the |
9 | | credit exceed $2,000,000. |
10 | | Additionally, from the effective date of this amendatory |
11 | | Act of the 100th General Assembly until December 31, 2021, an |
12 | | owners licensee that (i) is located within 15 miles of the |
13 | | Missouri border, and (ii) has at least 3 riverboats, casinos, |
14 | | or their equivalent within a 45-mile radius, may be authorized |
15 | | to relocate to a new location with the approval of both the |
16 | | unit of local government designated as the home dock and the |
17 | | Board, so long as the new location is within the same unit of |
18 | | local government and no more than 3 miles away from its |
19 | | original location. Such owners licensee shall receive a credit |
20 | | against the tax imposed under this Section equal to 8% of the |
21 | | total project costs, as approved by the Board, for any |
22 | | renovation or construction costs paid by the owners licensee |
23 | | for the construction of the new facility, provided that the new |
24 | | facility is operational by July 1, 2021. In determining whether |
25 | | or not to approve a relocation, the Board must consider the |
26 | | extent to which the relocation will diminish the gaming |
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1 | | revenues received by other Illinois gaming facilities. |
2 | | (a-7) Beginning in the initial adjustment year and through |
3 | | the final adjustment year, if the total obligation imposed |
4 | | pursuant to either subsection (a-5) or (a-6) will result in an |
5 | | owners licensee receiving less after-tax adjusted gross |
6 | | receipts than it received in calendar year 2017, then the total |
7 | | amount of privilege taxes that the owners licensee is required |
8 | | to pay for that calendar year shall be reduced to the extent |
9 | | necessary so that the after-tax adjusted gross receipts in that |
10 | | calendar year equals the after-tax adjusted gross receipts in |
11 | | calendar year 2017, but the privilege tax reduction shall not |
12 | | exceed the annual adjustment cap. If pursuant to this |
13 | | subsection (a-7), the total obligation imposed pursuant to |
14 | | either subsection (a-5) or (a-6) shall be reduced, then the |
15 | | owners licensee shall not receive a refund from the State at |
16 | | the end of the subject calendar year but instead shall be able |
17 | | to apply that amount as a credit against any payments it owes |
18 | | to the State in the following calendar year to satisfy its |
19 | | total obligation under either subsection (a-5) or (a-6). The |
20 | | credit for the final adjustment year shall occur in the |
21 | | calendar year following the final adjustment year. |
22 | | If an owners licensee that conducted gambling operations |
23 | | prior to January 1, 2018 expands its riverboat or casino, |
24 | | including, but not limited to, with respect to its gaming |
25 | | floor, additional non-gaming amenities such as restaurants, |
26 | | bars, and hotels and other additional facilities, and incurs |
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1 | | construction and other costs related to such expansion from the |
2 | | effective date of this amendatory Act of the 100th General |
3 | | Assembly until the 5th anniversary of the effective date of |
4 | | this amendatory Act of the 100th General Assembly, then for |
5 | | each $15,000,000 spent for any such construction or other costs |
6 | | related to expansion paid by the owners licensee, the final |
7 | | adjustment year shall be extended by one year and the annual |
8 | | adjustment cap shall increase by 0.2% of adjusted gross |
9 | | receipts during each calendar year until and including the |
10 | | final adjustment year. No further modifications to the final |
11 | | adjustment year or annual adjustment cap shall be made after |
12 | | $75,000,000 is incurred in construction or other costs related |
13 | | to expansion so that the final adjustment year shall not extend |
14 | | beyond the 9th calendar year after the initial adjustment year, |
15 | | not including the initial adjustment year, and the annual |
16 | | adjustment cap shall not exceed 4% of adjusted gross receipts |
17 | | in a particular calendar year. Construction and other costs |
18 | | related to expansion shall include all project related costs, |
19 | | including, but not limited to, all hard and soft costs, |
20 | | financing costs, on or off-site ground, road or utility work, |
21 | | cost of gaming equipment and all other personal property, |
22 | | initial fees assessed for each incremental gaming position, and |
23 | | the cost of incremental land acquired for such expansion. Soft |
24 | | costs shall include, but not be limited to, legal fees, |
25 | | architect, engineering and design costs, other consultant |
26 | | costs, insurance cost, permitting costs, and pre-opening costs |
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1 | | related to the expansion, including, but not limited to, any of |
2 | | the following: marketing, real estate taxes, personnel, |
3 | | training, travel and out-of-pocket expenses, supply, |
4 | | inventory, and other costs, and any other project related soft |
5 | | costs. |
6 | | Notwithstanding any other provision of this subsection |
7 | | (a-7), this subsection (a-7) does not apply to an owners |
8 | | licensee unless such owners licensee spends at least |
9 | | $15,000,000 on construction and other costs related to its |
10 | | expansion, excluding the initial fees assessed for each |
11 | | incremental gaming position. |
12 | | This subsection (a-7) does not apply to owners licensees
|
13 | | authorized pursuant to subsection (e-5) of Section 7 of this
|
14 | | Act. |
15 | | For purposes of this subsection (a-7): |
16 | | "Initial adjustment year" means the year commencing on |
17 | | January 1 of the calendar year immediately following the |
18 | | earlier of the following: |
19 | | (1) the commencement of gambling operations, either in |
20 | | a temporary or permanent facility, with respect to the |
21 | | owners license authorized under paragraph (1) of |
22 | | subsection (e-5) of Section 7 of this Act; or |
23 | | (2) 36 months after the effective date of this |
24 | | amendatory Act of the 100th General Assembly, provided the |
25 | | initial adjustment year shall not commence earlier than 24 |
26 | | months after the effective date of this amendatory Act of |
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1 | | the 100th General Assembly. |
2 | | "Final adjustment year" means the 4th calendar year after |
3 | | the initial adjustment year, not including the initial |
4 | | adjustment year, and as may be extended further as described in |
5 | | this subsection (a-7). |
6 | | "After-tax adjusted gross receipts" means, for calendar |
7 | | year 2017, the adjusted
gross receipts less privilege taxes |
8 | | paid to the State and for
subsequent calendar years, the |
9 | | adjusted gross receipts less
privilege taxes paid to the State, |
10 | | then divided by the owners
licensee's average number of gaming |
11 | | positions operating in that
calendar year and then multiplied |
12 | | by the owners licensee's
average number of gaming positions |
13 | | operating in calendar year
2017. |
14 | | "Annual adjustment cap" means 3% of adjusted gross receipts |
15 | | in a particular calendar year, and as may be increased further |
16 | | as otherwise described in this subsection (a-7). |
17 | | (a-8) Riverboat gambling operations conducted by a |
18 | | licensed manager on
behalf of the State are not subject to the |
19 | | tax imposed under this Section.
|
20 | | (a-9) Beginning on January 1, 2019, the calculation of |
21 | | gross receipts or adjusted gross receipts, for the purposes of |
22 | | this Section, for a riverboat, casino, or electronic gaming |
23 | | facility shall not include the dollar amount of non-cashable |
24 | | vouchers, coupons, and electronic promotions redeemed by |
25 | | wagerers upon the riverboat, in the casino, or in the |
26 | | electronic gaming facility up to and including an amount not to |
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1 | | exceed 30% of a riverboat casino or electronic gaming |
2 | | facility's adjusted gross receipts. |
3 | | The Illinois Gaming Board shall submit to the General |
4 | | Assembly a comprehensive report no later than March 31, 2022 |
5 | | detailing, at a minimum, the effect of removing non-cashable |
6 | | vouchers, coupons, and electronic promotions from this |
7 | | calculation on net gaming revenues to the State in calendar |
8 | | years 2019 through 2021, the increase or reduction in wagerers |
9 | | as a result of removing non-cashable vouchers, coupons, and |
10 | | electronic promotions from this calculation, the effect of the |
11 | | tax rates in subsection (a-5) on net gaming revenues to the |
12 | | State, and proposed modifications to the calculation. |
13 | | (a-10) The taxes imposed by this Section shall be paid by |
14 | | the licensed
owner or the electronic gaming licensee to the |
15 | | Board not later than 5:00 o'clock p.m. of the day after the day
|
16 | | when the wagers were made.
|
17 | | (a-15) If the privilege tax imposed under subsection (a-3) |
18 | | is no longer imposed pursuant to item (i) of the last paragraph |
19 | | of subsection (a-3), then by June 15 of each year, each owners |
20 | | licensee, other than an owners licensee that admitted 1,000,000 |
21 | | persons or
fewer in calendar year 2004, must, in addition to |
22 | | the payment of all amounts otherwise due under this Section, |
23 | | pay to the Board a reconciliation payment in the amount, if |
24 | | any, by which the licensed owner's base amount exceeds the |
25 | | amount of net privilege tax paid by the licensed owner to the |
26 | | Board in the then current State fiscal year. A licensed owner's |
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1 | | net privilege tax obligation due for the balance of the State |
2 | | fiscal year shall be reduced up to the total of the amount paid |
3 | | by the licensed owner in its June 15 reconciliation payment. |
4 | | The obligation imposed by this subsection (a-15) is binding on |
5 | | any person, firm, corporation, or other entity that acquires an |
6 | | ownership interest in any such owners license. The obligation |
7 | | imposed under this subsection (a-15) terminates on the earliest |
8 | | of: (i) July 1, 2007, (ii) the first day after the effective |
9 | | date of this amendatory Act of the 94th General Assembly that |
10 | | riverboat gambling operations are conducted pursuant to a |
11 | | dormant license, (iii) the first day that riverboat gambling |
12 | | operations are conducted under the authority of an owners |
13 | | license that is in addition to the 10 owners licenses initially |
14 | | authorized under this Act, or (iv) the first day that a |
15 | | licensee under the Illinois Horse Racing Act of 1975 conducts |
16 | | gaming operations with slot machines or other electronic gaming |
17 | | devices. The Board must reduce the obligation imposed under |
18 | | this subsection (a-15) by an amount the Board deems reasonable |
19 | | for any of the following reasons: (A) an act or acts of God, |
20 | | (B) an act of bioterrorism or terrorism or a bioterrorism or |
21 | | terrorism threat that was investigated by a law enforcement |
22 | | agency, or (C) a condition beyond the control of the owners |
23 | | licensee that does not result from any act or omission by the |
24 | | owners licensee or any of its agents and that poses a hazardous |
25 | | threat to the health and safety of patrons. If an owners |
26 | | licensee pays an amount in excess of its liability under this |
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1 | | Section, the Board shall apply the overpayment to future |
2 | | payments required under this Section. |
3 | | For purposes of this subsection (a-15): |
4 | | "Act of God" means an incident caused by the operation of |
5 | | an extraordinary force that cannot be foreseen, that cannot be |
6 | | avoided by the exercise of due care, and for which no person |
7 | | can be held liable.
|
8 | | "Base amount" means the following: |
9 | | For a riverboat in Alton, $31,000,000.
|
10 | | For a riverboat in East Peoria, $43,000,000.
|
11 | | For the Empress riverboat in Joliet, $86,000,000.
|
12 | | For a riverboat in Metropolis, $45,000,000.
|
13 | | For the Harrah's riverboat in Joliet, $114,000,000.
|
14 | | For a riverboat in Aurora, $86,000,000.
|
15 | | For a riverboat in East St. Louis, $48,500,000.
|
16 | | For a riverboat in Elgin, $198,000,000.
|
17 | | "Dormant license" has the meaning ascribed to it in |
18 | | subsection (a-3).
|
19 | | "Net privilege tax" means all privilege taxes paid by a |
20 | | licensed owner to the Board under this Section, less all |
21 | | payments made from the State Gaming Fund pursuant to subsection |
22 | | (b) of this Section. |
23 | | The changes made to this subsection (a-15) by Public Act |
24 | | 94-839 are intended to restate and clarify the intent of Public |
25 | | Act 94-673 with respect to the amount of the payments required |
26 | | to be made under this subsection by an owners licensee to the |
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1 | | Board.
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2 | | (b) Until January 1, 1998, 25% of the tax revenue deposited |
3 | | in the State
Gaming Fund under this Section shall be paid, |
4 | | subject to appropriation by the
General Assembly, to the unit |
5 | | of local government which is designated as the
home dock of the |
6 | | riverboat. Beginning January 1, 1998, from the tax revenue from |
7 | | riverboat or casino gambling
deposited in the State Gaming Fund |
8 | | under this Section, an amount equal to 5% of
adjusted gross |
9 | | receipts generated by a riverboat or a casino other than a |
10 | | riverboat designated in paragraph (3) or (4) of subsection |
11 | | (e-5) of Section 7, shall be paid monthly, subject
to |
12 | | appropriation by the General Assembly, to the unit of local |
13 | | government in which the casino is located or that
is designated |
14 | | as the home dock of the riverboat. From the tax revenue
|
15 | | deposited in the State Gaming Fund pursuant to riverboat or |
16 | | casino gambling operations
conducted by a licensed manager on |
17 | | behalf of the State, an amount equal to 5%
of adjusted gross |
18 | | receipts generated pursuant to those riverboat or casino |
19 | | gambling
operations shall be paid monthly,
subject to |
20 | | appropriation by the General Assembly, to the unit of local
|
21 | | government that is designated as the home dock of the riverboat |
22 | | upon which
those riverboat gambling operations are conducted or |
23 | | in which the casino is located. From the tax revenue from |
24 | | riverboat or casino gambling deposited in the State Gaming Fund |
25 | | under this Section, an amount equal to 5% of the adjusted gross |
26 | | receipts generated by a riverboat designated in paragraph (3) |
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1 | | of subsection (e-5) of Section 7 shall be divided and remitted |
2 | | monthly, subject to appropriation, as follows: 50% to Waukegan, |
3 | | 25% to Park City, and 25% to North Chicago. From the tax |
4 | | revenue from riverboat or casino gambling deposited in the |
5 | | State Gaming Fund under this Section, an amount equal to 5% of |
6 | | the adjusted gross receipts generated by a riverboat designated |
7 | | in paragraph (4) of subsection (e-5) of Section 7 shall be |
8 | | remitted monthly, subject to appropriation, as follows: 70% to |
9 | | the City of Rockford, 5% to the City of Loves Park, 5% to the |
10 | | Village of Machesney, and 20% to Winnebago County. Units of |
11 | | local government may refund any portion of the payment that |
12 | | they receive pursuant to this subsection (b) to the riverboat |
13 | | or casino .
|
14 | | (b-5) Beginning on the effective date of this amendatory |
15 | | Act of the 100th General Assembly, from the tax revenue
|
16 | | deposited in the State Gaming Fund under this Section, an |
17 | | amount equal to 3% of
adjusted gross receipts generated by each |
18 | | electronic gaming facility located outside Madison County |
19 | | shall be paid monthly, subject
to appropriation by the General |
20 | | Assembly, to a municipality other than the Village of Stickney |
21 | | in which each electronic gaming facility is located or, if the |
22 | | electronic gaming facility is not located within a |
23 | | municipality, to the county in which the electronic gaming |
24 | | facility is located, except as otherwise provided in this |
25 | | Section. From the tax revenue deposited in the State Gaming |
26 | | Fund under this Section, an amount equal to 3% of adjusted |
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1 | | gross receipts generated by an electronic gaming facility |
2 | | located in the Village of Stickney shall be paid monthly, |
3 | | subject to appropriation by the General Assembly, as follows: |
4 | | 25% to the Village of Stickney, 5% to the City of Berwyn, 50% |
5 | | to the Town of Cicero, and 20% to the Stickney Public Health |
6 | | District. |
7 | | From the tax revenue deposited in the State Gaming Fund |
8 | | under this Section, an amount equal to 5% of adjusted gross |
9 | | receipts generated by an electronic gaming facility located in |
10 | | the City of Collinsville shall be paid monthly, subject to |
11 | | appropriation by the General Assembly, as follows: 45% to the |
12 | | City of Alton, 45% to the City of East St. Louis, and 10% to the |
13 | | City of Collinsville. |
14 | | Municipalities and counties may refund any portion of the |
15 | | payment that they receive pursuant to this subsection (b-5) to |
16 | | the electronic gaming facility. |
17 | | (b-6) Beginning on the effective date of this amendatory |
18 | | Act of the 100th General Assembly, from the tax revenue |
19 | | deposited in the State Gaming Fund under this Section, an |
20 | | amount equal to 2% of adjusted gross receipts generated by an |
21 | | electronic gaming facility located outside Madison County |
22 | | shall be paid monthly, subject to appropriation by the General |
23 | | Assembly, to the county in which the electronic gaming facility |
24 | | is located for the purposes of its criminal justice system or |
25 | | health care system. |
26 | | Counties may refund any portion of the payment that they |
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1 | | receive pursuant to this subsection (b-6) to the electronic |
2 | | gaming facility. |
3 | | (c) Appropriations, as approved by the General Assembly, |
4 | | may be made
from the State Gaming Fund to the Board (i) for the |
5 | | administration and enforcement of this Act , the Chicago Casino |
6 | | Development Authority Act, and the Video Gaming Act, (ii) for |
7 | | distribution to the Department of State Police and to the |
8 | | Department of Revenue for the enforcement of this Act , the |
9 | | Chicago Casino Development Authority Act, and the Video Gaming |
10 | | Act , and (iii) to the
Department of Human Services for the |
11 | | administration of programs to treat
problem gambling. The |
12 | | Board's annual appropriations request must separately state |
13 | | its funding needs for the regulation of electronic gaming, |
14 | | riverboat gaming, casino gaming within the City of Chicago, and |
15 | | video gaming. From the tax revenue deposited in the Gaming |
16 | | Facilities Fee Revenue Fund, the first $50,000,000 shall be |
17 | | paid to the Board, subject to appropriation, for the |
18 | | administration and enforcement of the provisions of this |
19 | | amendatory Act of the 100th General Assembly.
|
20 | | (c-3) Appropriations, as approved by the General Assembly, |
21 | | may be made from the tax revenue deposited into the State |
22 | | Gaming Fund from electronic gaming pursuant to this Section for |
23 | | the administration and enforcement of this Act.
|
24 | | (c-4) After payments required under subsections (b), |
25 | | (b-5), (b-6), (c), and (c-3) have been made from the tax |
26 | | revenue from electronic gaming deposited into the State Gaming |
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1 | | Fund under this Section, all remaining amounts from electronic |
2 | | gaming shall be deposited into the Education Assistance Fund. |
3 | | (c-5) Before May 26, 2006 (the effective date of Public Act |
4 | | 94-804) and beginning on the effective date of this amendatory |
5 | | Act of the 95th General Assembly, unless any organization |
6 | | licensee under the Illinois Horse Racing Act of 1975 begins to |
7 | | operate a slot machine or video game of chance under the |
8 | | Illinois Horse Racing Act of 1975 or this Act, after the |
9 | | payments required under subsections (b) and (c) have been
made, |
10 | | an amount equal to 15% of the adjusted gross receipts of (1) an |
11 | | owners
licensee that relocates pursuant to Section 11.2,
(2) an |
12 | | owners licensee
conducting riverboat gambling operations
|
13 | | pursuant to an
owners license that is initially issued after |
14 | | June
25, 1999,
or (3) the first
riverboat gambling operations |
15 | | conducted by a licensed manager on behalf of the
State under |
16 | | Section 7.3,
whichever comes first, shall be paid from the |
17 | | State
Gaming Fund into the Horse Racing Equity Fund.
|
18 | | (c-10) Each year the General Assembly shall appropriate |
19 | | from the General
Revenue Fund to the Education Assistance Fund |
20 | | an amount equal to the amount
paid into the Horse Racing Equity |
21 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
|
22 | | (c-15) After the payments required under subsections (b), |
23 | | (c), and (c-5)
have been made, an amount equal to 2% of the |
24 | | adjusted gross receipts of (1)
an owners licensee that |
25 | | relocates pursuant to Section 11.2, (2) an owners
licensee |
26 | | conducting riverboat gambling operations pursuant to
an
owners |
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1 | | license that is initially issued after June 25, 1999,
or (3) |
2 | | the first
riverboat gambling operations conducted by a licensed |
3 | | manager on behalf of the
State under Section 7.3,
whichever |
4 | | comes first, shall be paid, subject to appropriation
from the |
5 | | General Assembly, from the State Gaming Fund to each home rule
|
6 | | county with a population of over 3,000,000 inhabitants for the |
7 | | purpose of
enhancing the county's criminal justice system.
|
8 | | (c-20) Each year the General Assembly shall appropriate |
9 | | from the General
Revenue Fund to the Education Assistance Fund |
10 | | an amount equal to the amount
paid to each home rule county |
11 | | with a population of over 3,000,000 inhabitants
pursuant to |
12 | | subsection (c-15) in the prior calendar year.
|
13 | | (c-25) On July 1, 2013 and each July 1 thereafter, |
14 | | $1,600,000 shall be transferred from the State Gaming Fund to |
15 | | the Chicago State University Education Improvement Fund.
|
16 | | (c-30) On July 1, 2013 or as soon as possible thereafter, |
17 | | $92,000,000 shall be transferred from the State Gaming Fund to |
18 | | the School Infrastructure Fund and $23,000,000 shall be |
19 | | transferred from the State Gaming Fund to the Horse Racing |
20 | | Equity Fund. |
21 | | (c-35) Beginning on July 1, 2013, in addition to any amount |
22 | | transferred under subsection (c-30) of this Section, |
23 | | $5,530,000 shall be transferred monthly from the State Gaming |
24 | | Fund to the School Infrastructure Fund. |
25 | | (d) From time to time, the
Board shall transfer the |
26 | | remainder of the funds
generated by this Act into the Education
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1 | | Assistance Fund, created by Public Act 86-0018, of the State of |
2 | | Illinois.
|
3 | | (e) Nothing in this Act shall prohibit the unit of local |
4 | | government
designated as the home dock of the riverboat from |
5 | | entering into agreements
with other units of local government |
6 | | in this State or in other states to
share its portion of the |
7 | | tax revenue.
|
8 | | (f) To the extent practicable, the Board shall administer |
9 | | and collect the
wagering taxes imposed by this Section 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. 98-18, eff. 6-7-13.)
|
15 | | (230 ILCS 10/14) (from Ch. 120, par. 2414)
|
16 | | Sec. 14. Licensees - Records - Reports - Supervision.
|
17 | | (a) Licensed owners and electronic gaming licensees A |
18 | | licensed owner shall keep his books and records so as to |
19 | | clearly
show the following:
|
20 | | (1) The amount received daily from admission fees.
|
21 | | (2) The total amount of gross receipts.
|
22 | | (3) The total amount of the adjusted gross receipts.
|
23 | | (b) Licensed owners and electronic gaming licensees The |
24 | | licensed owner shall furnish to the Board reports and |
25 | | information as
the Board may require with respect to its |
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1 | | activities on forms designed and
supplied for such purpose by |
2 | | the Board.
|
3 | | (c) The books and records kept by a licensed owner as |
4 | | provided by this Section are
public records and the |
5 | | examination, publication, and dissemination of the
books and |
6 | | records are governed by the provisions of The Freedom of |
7 | | Information Act.
|
8 | | (Source: P.A. 86-1029.)
|
9 | | (230 ILCS 10/15) (from Ch. 120, par. 2415)
|
10 | | Sec. 15. Audit of Licensee Operations. Annually, the |
11 | | licensed owner , or manager , or electronic gaming licensee shall
|
12 | | transmit to the Board an audit of the financial transactions
|
13 | | and condition of the licensee's or manager's total operations. |
14 | | Additionally, within 90 days after the end of each quarter of |
15 | | each fiscal year, the licensed owner , or manager , or electronic |
16 | | gaming licensee shall transmit to the Board a compliance report |
17 | | on engagement procedures determined by the Board. All audits |
18 | | and compliance engagements shall be
conducted by certified |
19 | | public accountants selected by the Board. Each
certified public |
20 | | accountant must be registered in the State of
Illinois under |
21 | | the Illinois Public Accounting Act.
The compensation for each |
22 | | certified public accountant shall be paid
directly by the |
23 | | licensed owner , or manager , or electronic gaming licensee to |
24 | | the certified public
accountant.
|
25 | | (Source: P.A. 96-1392, eff. 1-1-11.)
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1 | | (230 ILCS 10/16) (from Ch. 120, par. 2416)
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2 | | Sec. 16. Annual Report of Board. The Board shall make an
|
3 | | annual report to the Governor, for the period ending December |
4 | | 31 of each
year. Included in the report shall be an account of |
5 | | the Board
actions, its financial position and results of |
6 | | operation under this Act and the Chicago Casino Development |
7 | | Authority Act ,
the practical results attained under this Act |
8 | | and the Chicago Casino Development Authority Act and any |
9 | | recommendations for
legislation which the Board deems |
10 | | advisable.
|
11 | | (Source: P.A. 86-1029.)
|
12 | | (230 ILCS 10/17) (from Ch. 120, par. 2417)
|
13 | | Sec. 17. Administrative Procedures. The Illinois |
14 | | Administrative Procedure
Act shall apply to all administrative |
15 | | rules and procedures of the Board under
this Act , the Chicago |
16 | | Casino Development Authority Act, and or the Video Gaming Act, |
17 | | except that: (1) subsection (b) of Section 5-10 of the Illinois
|
18 | | Administrative Procedure Act does not apply to final orders, |
19 | | decisions and
opinions of the Board; (2) subsection (a) of |
20 | | Section 5-10 of the Illinois
Administrative Procedure Act does |
21 | | not apply to forms established by the Board
for use under this |
22 | | Act , the Chicago Casino Development Authority Act, and or the |
23 | | Video Gaming Act; (3) the provisions of Section 10-45 of the |
24 | | Illinois
Administrative Procedure Act regarding proposals for |
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1 | | decision are excluded
under this Act , the Chicago Casino |
2 | | Development Authority Act, and or the Video Gaming Act; and (4) |
3 | | the provisions of subsection (d) of Section
10-65 of the |
4 | | Illinois Administrative Procedure Act do not apply so as to
|
5 | | prevent summary suspension of any license pending revocation or |
6 | | other action,
which suspension shall remain in effect unless |
7 | | modified by the Board or unless
the Board's decision is |
8 | | reversed on the merits upon judicial review.
|
9 | | (Source: P.A. 96-34, eff. 7-13-09.)
|
10 | | (230 ILCS 10/17.1) (from Ch. 120, par. 2417.1)
|
11 | | Sec. 17.1. Judicial Review.
|
12 | | (a) Jurisdiction and venue for the judicial
review of a |
13 | | final order of the Board relating to licensed owners, |
14 | | suppliers , electronic gaming licensees, and or
special event |
15 | | licenses is vested in the Appellate Court of
the judicial |
16 | | district in which Sangamon County is located. A
petition for |
17 | | judicial review of a final order of the Board must be filed in
|
18 | | the Appellate Court, within 35 days from the date that a copy |
19 | | of the decision
sought to be reviewed was served upon the party |
20 | | affected by the decision.
|
21 | | (b) Judicial review of all other final orders of the Board |
22 | | shall be
conducted in accordance with the Administrative Review |
23 | | Law.
|
24 | | (Source: P.A. 88-1.)
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1 | | (230 ILCS 10/18) (from Ch. 120, par. 2418)
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2 | | Sec. 18. Prohibited Activities - Penalty.
|
3 | | (a) A person is guilty of a Class A misdemeanor for doing |
4 | | any of the
following:
|
5 | | (1) Conducting gambling where wagering
is used or to be |
6 | | used
without a license issued by the Board.
|
7 | | (2) Conducting gambling where wagering
is permitted |
8 | | other
than in the manner specified by Section 11.
|
9 | | (b) A person is guilty of a Class B misdemeanor for doing |
10 | | any of the
following:
|
11 | | (1) permitting a person under 21 years to make a wager; |
12 | | or
|
13 | | (2) violating paragraph (12) of subsection (a) of |
14 | | Section 11 of this Act.
|
15 | | (c) A person wagering or accepting a wager at any location |
16 | | outside the
riverboat , casino, or electronic gaming facility in |
17 | | violation of paragraph is subject to the penalties in |
18 | | paragraphs (1) or (2) of
subsection (a) of Section 28-1 of the |
19 | | Criminal Code of 2012 is subject to the penalties provided in |
20 | | that Section .
|
21 | | (d) A person commits a Class 4 felony and, in addition, |
22 | | shall be barred
for life from gambling operations riverboats |
23 | | under the jurisdiction of the
Board, if the person does any of |
24 | | the following:
|
25 | | (1) Offers, promises, or gives anything of value or |
26 | | benefit to a person
who is connected with a riverboat or |
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1 | | casino owner or electronic gaming licensee, including, but
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2 | | not limited to, an officer or employee of a licensed owner , |
3 | | electronic gaming licensee, or holder of an
occupational |
4 | | license pursuant to an agreement or arrangement or with the
|
5 | | intent that the promise or thing of value or benefit will |
6 | | influence the
actions of the person to whom the offer, |
7 | | promise, or gift was made in order
to affect or attempt to |
8 | | affect the outcome of a gambling game, or to
influence |
9 | | official action of a member of the Board.
|
10 | | (2) Solicits or knowingly accepts or receives a promise |
11 | | of anything of
value or benefit while the person is |
12 | | connected with a riverboat , casino, or electronic gaming |
13 | | facility,
including, but not limited to, an officer or |
14 | | employee of a licensed owner or electronic gaming licensee ,
|
15 | | or the holder of an occupational license, pursuant to an |
16 | | understanding or
arrangement or with the intent that the |
17 | | promise or thing of value or
benefit will influence the |
18 | | actions of the person to affect or attempt to
affect the |
19 | | outcome of a gambling game, or to influence official action |
20 | | of a
member of the Board.
|
21 | | (3) Uses or possesses with the intent to use a device |
22 | | to assist:
|
23 | | (i) In projecting the outcome of the game.
|
24 | | (ii) In keeping track of the cards played.
|
25 | | (iii) In analyzing the probability of the |
26 | | occurrence of an event
relating to the gambling game.
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1 | | (iv) In analyzing the strategy for playing or |
2 | | betting to be used in the
game except as permitted by |
3 | | the Board.
|
4 | | (4) Cheats at a gambling game.
|
5 | | (5) Manufactures, sells, or distributes any cards, |
6 | | chips, dice, game or
device which is intended to be used to |
7 | | violate any provision of this Act or the Chicago Casino |
8 | | Development Authority Act .
|
9 | | (6) Alters or misrepresents the outcome of a gambling |
10 | | game on which
wagers have been made after the outcome is |
11 | | made sure but before it is
revealed to the players.
|
12 | | (7) Places a bet after acquiring knowledge, not |
13 | | available to all players,
of the outcome of the gambling |
14 | | game which is subject of the bet or to aid a
person in |
15 | | acquiring the knowledge for the purpose of placing a bet
|
16 | | contingent on that outcome.
|
17 | | (8) Claims, collects, or takes, or attempts to claim, |
18 | | collect, or take,
money or anything of value in or from the |
19 | | gambling games, with intent to
defraud, without having made |
20 | | a wager contingent on winning a gambling game,
or claims, |
21 | | collects, or takes an amount of money or thing of value of
|
22 | | greater value than the amount won.
|
23 | | (9) Uses counterfeit chips or tokens in a gambling |
24 | | game.
|
25 | | (10) Possesses any key or device designed for the |
26 | | purpose of opening,
entering, or affecting the operation of |
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1 | | a gambling game, drop box, or an
electronic or mechanical |
2 | | device connected with the gambling game or for
removing |
3 | | coins, tokens, chips or other contents of a gambling game. |
4 | | This
paragraph (10) does not apply to a gambling licensee |
5 | | or employee of a
gambling licensee acting in furtherance of |
6 | | the employee's employment.
|
7 | | (e) The possession of more than one of the devices |
8 | | described in
subsection (d), paragraphs (3), (5), or (10) |
9 | | permits a rebuttable
presumption that the possessor intended to |
10 | | use the devices for cheating.
|
11 | | (f) A person under the age of 21 who, except as authorized |
12 | | under paragraph (10) of Section 11, enters upon a riverboat or |
13 | | in a casino or electronic gaming facility commits a petty |
14 | | offense and is subject to a fine of not less than $100 or more |
15 | | than $250 for a first offense and of not less than $200 or more |
16 | | than $500 for a second or subsequent offense. |
17 | | An action to prosecute any crime occurring on a riverboat
|
18 | | shall be tried in the county of the dock at which the riverboat |
19 | | is based. An action to prosecute any crime occurring in a |
20 | | casino or electronic gaming facility
shall be tried in the |
21 | | county in which the casino or electronic gaming facility is |
22 | | located.
|
23 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
|
24 | | (230 ILCS 10/18.1) |
25 | | Sec. 18.1. Distribution of certain fines. If a fine is |
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1 | | imposed on an owner licensee or an electronic gaming licensee |
2 | | for knowingly sending marketing or promotional materials to any |
3 | | person placed on the self-exclusion list, then the Board shall |
4 | | distribute an amount equal to 15% of the fine imposed to the |
5 | | unit of local government in which the casino, riverboat , or |
6 | | electronic gaming facility is located for the purpose of |
7 | | awarding grants to non-profit entities that assist gambling |
8 | | addicts.
|
9 | | (Source: P.A. 96-224, eff. 8-11-09.)
|
10 | | (230 ILCS 10/19) (from Ch. 120, par. 2419)
|
11 | | Sec. 19. Forfeiture of property. |
12 | | (a) Except as provided in
subsection (b), any riverboat , |
13 | | casino, or electronic gaming facility
used for the conduct of |
14 | | gambling games in violation of this Act shall be
considered a |
15 | | gambling place in violation of Section 28-3 of the Criminal
|
16 | | Code of 2012. Every gambling device found on
a riverboat , in a |
17 | | casino, or at an electronic gaming facility operating gambling |
18 | | games in violation of this
Act and every slot machine and video |
19 | | game of chance found at an electronic gaming facility operating |
20 | | gambling games in violation of this Act or the Chicago Casino |
21 | | Development Authority Act shall be subject to seizure, |
22 | | confiscation and destruction as provided
in Section 28-5 of the |
23 | | Criminal Code of 2012.
|
24 | | (b) It is not a violation of this Act for a riverboat or |
25 | | other
watercraft which is licensed for gaming by a contiguous |
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1 | | state to dock on
the shores of this State if the municipality |
2 | | having jurisdiction of the
shores, or the county in the case of |
3 | | unincorporated areas, has granted
permission for docking and no |
4 | | gaming is conducted on the riverboat or other
watercraft while |
5 | | it is docked on the shores of this State.
No gambling device |
6 | | shall be subject to seizure, confiscation or
destruction if the |
7 | | gambling device is located on a riverboat or other
watercraft |
8 | | which is licensed for gaming by a contiguous state and which is
|
9 | | docked on the shores of this State if the municipality having |
10 | | jurisdiction
of the shores, or the county in the case of |
11 | | unincorporated areas, has
granted permission for docking and no
|
12 | | gaming is conducted on the riverboat or other watercraft while |
13 | | it is docked on
the shores of this State.
|
14 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
15 | | (230 ILCS 10/20) (from Ch. 120, par. 2420)
|
16 | | Sec. 20. Prohibited activities - civil penalties. Any |
17 | | person who
conducts a gambling operation without first |
18 | | obtaining a
license to do so, or who continues to conduct such |
19 | | games after revocation
of his license, or any licensee who |
20 | | conducts or allows to be
conducted any unauthorized gambling |
21 | | games on a riverboat , in a casino, or at an electronic gaming |
22 | | facility where it is
authorized to conduct its riverboat |
23 | | gambling operation, in addition to
other penalties provided, |
24 | | shall be subject to a civil penalty equal to the
amount of |
25 | | gross receipts derived from wagering on the gambling games,
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1 | | whether unauthorized or authorized, conducted on that day as |
2 | | well as
confiscation and forfeiture of all gambling game |
3 | | equipment used in the
conduct of unauthorized gambling games.
|
4 | | (Source: P.A. 86-1029.)
|
5 | | (230 ILCS 10/21) (from Ch. 120, par. 2421)
|
6 | | Sec. 21. Limitation on taxation of licensees. Licensees |
7 | | shall not be
subjected to any excise tax, license tax,
permit |
8 | | tax, privilege tax, occupation tax or excursion tax which is |
9 | | imposed
exclusively upon the licensee by the State or any |
10 | | political
subdivision thereof, except as provided in this Act |
11 | | or the Chicago Casino Development Authority Act .
|
12 | | (Source: P.A. 86-1029.)
|
13 | | (230 ILCS 10/23) (from Ch. 120, par. 2423)
|
14 | | Sec. 23. The State Gaming Fund. On or after the effective |
15 | | date of
this Act, except as provided for payments into the |
16 | | Horse Racing Equity Trust Fund under subsection (a) of Section |
17 | | 7, all of the fees and taxes collected pursuant to
this Act or |
18 | | the Chicago Casino Development Authority Act shall be deposited |
19 | | into the State Gaming Fund, a
special fund in the State |
20 | | Treasury, which is hereby created. The adjusted
gross receipts |
21 | | of any riverboat gambling operations conducted by a licensed
|
22 | | manager on behalf of the State remaining after the payment of |
23 | | the fees and
expenses of the licensed manager shall be |
24 | | deposited into the State Gaming
Fund. Fines and
penalties |
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1 | | collected pursuant to this Act or the Chicago Casino |
2 | | Development Authority Act shall be deposited into the
Education |
3 | | Assistance Fund, created by Public Act 86-0018, of the State of
|
4 | | Illinois.
|
5 | | (Source: P.A. 93-28, eff. 6-20-03; 94-804, eff. 5-26-06.)
|
6 | | (230 ILCS 10/24)
|
7 | | Sec. 24. Applicability of this Illinois Riverboat Gambling |
8 | | Act. The provisions of the this Illinois Riverboat Gambling |
9 | | Act, and all rules promulgated thereunder, shall apply to the |
10 | | Chicago Casino Development Authority Act and the Video Gaming |
11 | | Act, except where there is a conflict between the 2 Acts. In |
12 | | the event of a conflict between this Act and the Chicago Casino |
13 | | Development Authority Act, the terms of the Chicago Casino |
14 | | Development Authority Act shall prevail. In the event of a |
15 | | conflict between this Act and the Video Gaming Act, the terms |
16 | | of this Act shall prevail.
|
17 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
18 | | (230 ILCS 10/25 new) |
19 | | Sec. 25. Wide area progressive systems. The operation of a |
20 | | wide area progressive system is permitted in gambling |
21 | | operations authorized under this Act subject to the following |
22 | | conditions: |
23 | | (1) The method of communication over the wide area |
24 | | progressive system must consist of dedicated on-line |
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1 | | communication lines or the equivalent, as determined by the |
2 | | Administrator, or wireless communication, which may be |
3 | | subject to certain restrictions imposed by the |
4 | | Administrator. |
5 | | (2) All communication between each facility location |
6 | | and the central system site must be encrypted. |
7 | | (3) The central system site must be located within the |
8 | | State of Illinois and be equipped with a non-interruptible |
9 | | power supply and the central computer must be capable of |
10 | | on-line data redundancy should hard disk peripherals fail |
11 | | during operation. The office containing the central |
12 | | computer shall be equipped with a surveillance system that |
13 | | has been approved by the Administrator. The wide area |
14 | | progressive system provider shall be required to keep and |
15 | | maintain an entry and exit log for the office containing |
16 | | the central computer. The wide area progressive system |
17 | | provider shall provide access to the office containing the |
18 | | central computer to the Administrator and shall make |
19 | | available to the Administrator all books, records, and |
20 | | information required by the Administrator in fulfilling |
21 | | his or her regulatory purpose. |
22 | | (4) A wide area progressive system provider must |
23 | | suspend play on the wide area progressive system if a |
24 | | communication failure of the system cannot be corrected |
25 | | within 24 consecutive hours. |
26 | | (5) Approval by the Board of any wide area progressive |
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1 | | system shall occur only after the Administrator has |
2 | | reviewed the wide area progressive system software and |
3 | | hardware and is satisfied that the operation of the system |
4 | | meets accepted industry standards for wide area |
5 | | progressive system products, as well as any other |
6 | | requirements that the Administrator may impose to ensure |
7 | | the integrity, security, and legal operation of the wide |
8 | | area progressive system. |
9 | | (6) A meter that shows the amount of the common |
10 | | progressive jackpot must be conspicuously displayed at or |
11 | | near the machines to which the jackpot applies. The common |
12 | | progressive jackpot meter need not precisely show the |
13 | | actual moneys in the common progressive jackpot award at |
14 | | each instant. Nothing shall prohibit the use of an odometer |
15 | | or other paced updating progressive display to show updates |
16 | | to the jackpot. When a paced updating display is used and |
17 | | the remote site is communicating to the central computer, |
18 | | the common progressive jackpot meter must display the |
19 | | winning value after the jackpot broadcast is received from |
20 | | the central system. If a common progressive jackpot is |
21 | | recognized in the middle of a systemwide poll cycle, the |
22 | | common progressive jackpot display may contain a value less |
23 | | than the aggregated amount calculated by the central |
24 | | system. The fund values from the remaining portion of the |
25 | | poll cycle shall be received by the central system, but not |
26 | | the local site, in which case the common progressive |
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1 | | jackpot amount paid shall always be the higher of the 2 |
2 | | reporting amounts. |
3 | | (7) When a common progressive jackpot is won, the wide |
4 | | area progressive system provider shall have the |
5 | | opportunity to inspect the machine, storage media, the |
6 | | error events received by the central system, and any other |
7 | | data which could reasonably be used to ascertain the |
8 | | validity of the jackpot. |
9 | | (A) The central system shall produce reports that |
10 | | clearly demonstrate the method of arriving at the |
11 | | payoff amount. This shall include the funds |
12 | | contributed beginning with the polling cycle |
13 | | immediately following the previous jackpot and all |
14 | | funds contributed up to and including the polling cycle |
15 | | that includes the jackpot signal. Funds contributed to |
16 | | and registered by the system before the jackpot message |
17 | | is received shall be deemed to have been contributed to |
18 | | the progressive amount prior to the current jackpot. |
19 | | Funds contributed to the system subsequent to the |
20 | | jackpot message's being received, as well as funds |
21 | | contributed to the system before the jackpot message is |
22 | | received by the system but registered after the jackpot |
23 | | message is received at the system, shall be deemed to |
24 | | have been contributed to the progressive amount of the |
25 | | next jackpot. |
26 | | (B) The common progressive jackpot may be |
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1 | | disbursed in periodic payments as long as each machine |
2 | | clearly displays the fact that the jackpot shall be |
3 | | paid in such periodic payments. In addition, the number |
4 | | of periodic payments and time between payments must be |
5 | | clearly displayed on the slot machine in a |
6 | | non-misleading manner. |
7 | | (C) A wide area progressive system provider must, |
8 | | upon request, supply to the Board reports that support |
9 | | and verify the economic activity of the system. |
10 | | (8) In calculating adjusted gross revenue, a facility |
11 | | may deduct its pro rata share of the present value of any |
12 | | common progressive jackpots awarded. The deduction shall |
13 | | be listed on the detailed accounting records provided by |
14 | | the wide area progressive system provider. A facility's pro |
15 | | rata share is based on the number of funds in from that |
16 | | facility's machines on the wide area progressive system, |
17 | | compared to the total amount of funds in on the whole |
18 | | system for the time period between jackpots awarded. |
19 | | (9) In the event a facility ceases operations and a |
20 | | progressive jackpot is awarded subsequent to the last day |
21 | | of the final month of operation, the facility may not file |
22 | | an amended wagering tax submission or make a claim for a |
23 | | wagering tax refund based on its contributions to that |
24 | | particular progressive prize pool. |
25 | | (10) A facility, or an entity that is licensed as a |
26 | | manufacturer or distributor, shall provide the wide area |
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1 | | progressive system in accordance with a written agreement |
2 | | that shall be reviewed and approved by the Board prior to |
3 | | offering the jackpots. |
4 | | (11) The payment of any common progressive jackpot |
5 | | offered on a wide area progressive system shall be |
6 | | administered by the wide area progressive system provider, |
7 | | and the provider shall have primary liability for payment |
8 | | of any common progressive jackpot the person administers. |
9 | | (12) A wide area progressive system provider shall |
10 | | comply with the following: |
11 | | (A) A reserve shall be established and maintained |
12 | | by the provider of the wide area progressive system in |
13 | | an amount of not less than the sum of the following |
14 | | amounts: |
15 | | (i) the present value of the aggregate |
16 | | remaining balances owed on all jackpots previously |
17 | | won by patrons on the wide area progressive system; |
18 | | (ii) the present value of the amount currently |
19 | | reflected on the jackpot meters of the wide area |
20 | | progressive system; and |
21 | | (iii) the present value of one additional |
22 | | reset of the wide area progressive system. |
23 | | (B) The reserve shall continue to be maintained |
24 | | until all payments owed to winners of the common |
25 | | progressive jackpots have been made. |
26 | | (C) For common progressive jackpots disbursed in |
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1 | | periodic payments, any qualified investment shall be |
2 | | purchased within 90 days following notice of the win of |
3 | | the common progressive jackpot, and a copy of such |
4 | | qualified investment shall be provided to the Board |
5 | | within 30 days of purchase. Any qualified investment |
6 | | shall have a surrender value at maturity and shall have |
7 | | a maturity date prior to the date the periodic jackpot |
8 | | payment is required to be made. |
9 | | (D) The person authorized to provide the wide area |
10 | | progressive system shall not be permitted to sell, |
11 | | trade, or otherwise dispose of any qualified |
12 | | investments prior to their maturity unless approval to |
13 | | do so is first obtained from the Board. |
14 | | (E) Upon becoming aware of an event of |
15 | | noncompliance with the terms of the reserve |
16 | | requirement mandated by subparagraph (A) in this |
17 | | paragraph (12), the wide area progressive system |
18 | | provider must immediately notify the Board of such |
19 | | event. An event of noncompliance includes a |
20 | | non-payment of a jackpot periodic payment or a |
21 | | circumstance which may cause the wide area progressive |
22 | | system provider to be unable to fulfill, or which may |
23 | | otherwise impair the person's ability to satisfy, the |
24 | | person's jackpot payment obligations. |
25 | | (F) On a quarterly basis, the wide area progressive |
26 | | system provider must deliver to the Board a calculation |
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1 | | of system reserves required under subparagraph (A) in |
2 | | this paragraph (12). The calculation shall come with a |
3 | | certification of financial compliance signed by a duly |
4 | | authorized financial officer of the wide area |
5 | | progressive system provider, on a form prescribed by |
6 | | the Board, validating the calculation. |
7 | | (13) For common progressive jackpots disbursed in |
8 | | periodic payments, subsequent to the date of the win, a |
9 | | winner may be offered the option to receive, in lieu of |
10 | | periodic payments, a discounted single cash payment in the |
11 | | form of a qualified prize option, as that term is defined |
12 | | in Section 451(h) of the Internal Revenue Code of 1986. The |
13 | | wide area progressive system provider shall calculate the |
14 | | single cash payment based on the discount rate. Until the |
15 | | new discount rate becomes effective, the discount rate |
16 | | selected by the wide area progressive system provider shall |
17 | | be used to calculate the single cash payment for all |
18 | | qualified prizes that occur subsequent to the date of the |
19 | | selected discount rate.
|
20 | | Section 90-42. The Video Gaming
Act is amended by changing |
21 | | Sections 5, 20, 25, 45, 79, and 80 and by adding Section 90 as |
22 | | follows:
|
23 | | (230 ILCS 40/5)
|
24 | | Sec. 5. Definitions. As used in this Act:
|
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1 | | "Board" means the Illinois Gaming Board.
|
2 | | "Credit" means one, 5, 10, or 25 cents either won or |
3 | | purchased by a player.
|
4 | | "Distributor" means an individual, partnership, |
5 | | corporation, or limited liability company licensed under
this |
6 | | Act to buy, sell, lease, or distribute video gaming terminals |
7 | | or major
components or parts of video gaming terminals to or |
8 | | from terminal
operators.
|
9 | | "Electronic card" means a card purchased from a licensed |
10 | | establishment, licensed fraternal establishment, licensed |
11 | | veterans establishment, or licensed truck stop establishment |
12 | | for use in that establishment as a substitute for cash in the |
13 | | conduct of gaming on a video gaming terminal. |
14 | | "Electronic voucher" means a voucher printed by an |
15 | | electronic video game machine that is redeemable in the |
16 | | licensed establishment for which it was issued. |
17 | | "Terminal operator" means an individual, partnership, |
18 | | corporation, or limited liability company that is
licensed |
19 | | under this Act and that owns, services, and maintains video
|
20 | | gaming terminals for placement in licensed establishments, |
21 | | licensed truck stop establishments, licensed fraternal
|
22 | | establishments, or licensed veterans establishments.
|
23 | | "Licensed technician" means an individual
who
is licensed |
24 | | under this Act to repair,
service, and maintain
video gaming |
25 | | terminals.
|
26 | | "Licensed terminal handler" means a person, including but |
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1 | | not limited to an employee or independent contractor working |
2 | | for a manufacturer, distributor, supplier, technician, or |
3 | | terminal operator, who is licensed under this Act to possess or |
4 | | control a video gaming terminal or to have access to the inner |
5 | | workings of a video gaming terminal. A licensed terminal |
6 | | handler does not include an individual, partnership, |
7 | | corporation, or limited liability company defined as a |
8 | | manufacturer, distributor, supplier, technician, or terminal |
9 | | operator under this Act. |
10 | | "Manufacturer" means an individual, partnership, |
11 | | corporation, or limited liability company that is
licensed |
12 | | under this Act and that manufactures or assembles video gaming
|
13 | | terminals.
|
14 | | "Supplier" means an individual, partnership, corporation, |
15 | | or limited liability company that is
licensed under this Act to |
16 | | supply major components or parts to video gaming
terminals to |
17 | | licensed
terminal operators.
|
18 | | "Net terminal income" means money put into a video gaming |
19 | | terminal minus
credits paid out to players.
|
20 | | "Video gaming terminal" means any electronic video game |
21 | | machine
that, upon insertion of cash, electronic cards or |
22 | | vouchers, or any combination thereof, is available to play or |
23 | | simulate the play of
a video game, including but not limited to |
24 | | video poker, line up, and blackjack, as
authorized by the Board |
25 | | utilizing a video display and microprocessors in
which the |
26 | | player may receive free games or credits that can be
redeemed |
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1 | | for cash. The term does not include a machine that directly
|
2 | | dispenses coins, cash, or tokens or is for amusement purposes |
3 | | only.
|
4 | | "Licensed establishment" means any licensed retail |
5 | | establishment where
alcoholic liquor is drawn, poured, mixed, |
6 | | or otherwise served for consumption
on the premises, whether |
7 | | the establishment operates on a nonprofit or for-profit basis. |
8 | | "Licensed establishment" includes any such establishment that |
9 | | has a contractual relationship with an inter-track wagering |
10 | | location licensee licensed under the Illinois Horse Racing Act |
11 | | of 1975, provided any contractual relationship shall not |
12 | | include any transfer or offer of revenue from the operation of |
13 | | video gaming under this Act to any licensee licensed under the |
14 | | Illinois Horse Racing Act of 1975. Provided, however, that the |
15 | | licensed establishment that has such a contractual |
16 | | relationship with an inter-track wagering location licensee |
17 | | may not, itself, be (i) an inter-track wagering location |
18 | | licensee, (ii) the corporate parent or subsidiary of any |
19 | | licensee licensed under the Illinois Horse Racing Act of 1975, |
20 | | or (iii) the corporate subsidiary of a corporation that is also |
21 | | the corporate parent or subsidiary of any licensee licensed |
22 | | under the Illinois Horse Racing Act of 1975. "Licensed |
23 | | establishment" does not include a facility operated by an |
24 | | organization licensee, an inter-track wagering licensee, or an |
25 | | inter-track wagering location licensee licensed under the |
26 | | Illinois Horse Racing Act of 1975 or a riverboat licensed under |
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1 | | the Illinois Riverboat Gambling Act, except as provided in this |
2 | | paragraph. The changes made to this definition by Public Act |
3 | | 98-587 are declarative of existing law.
|
4 | | "Licensed fraternal establishment" means the location |
5 | | where a qualified
fraternal organization that derives its |
6 | | charter from a national fraternal
organization regularly |
7 | | meets.
|
8 | | "Licensed veterans establishment" means the location where |
9 | | a qualified
veterans organization that derives its charter from |
10 | | a national veterans
organization regularly meets.
|
11 | | "Licensed truck stop establishment" means a facility (i) |
12 | | that is at least a
3-acre facility with a convenience store, |
13 | | (ii) with separate diesel
islands for fueling commercial motor |
14 | | vehicles, (iii) that sells at retail more than 10,000 gallons |
15 | | of diesel or biodiesel fuel per month, and (iv) with parking |
16 | | spaces for commercial
motor vehicles. "Commercial motor |
17 | | vehicles" has the same meaning as defined in Section 18b-101 of |
18 | | the Illinois Vehicle Code. The requirement of item (iii) of |
19 | | this paragraph may be met by showing that estimated future |
20 | | sales or past sales average at least 10,000 gallons per month.
|
21 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; |
22 | | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. |
23 | | 7-16-14.)
|
24 | | (230 ILCS 40/20)
|
25 | | Sec. 20. Direct dispensing of receipt tickets only. A video |
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1 | | gaming
terminal may not
directly dispense coins, cash, tokens, |
2 | | or any other article of exchange or
value except for receipt |
3 | | tickets. Tickets shall be dispensed by
pressing the ticket |
4 | | dispensing button on the video gaming terminal at the end
of |
5 | | one's turn or play. The ticket shall indicate the total amount |
6 | | of credits
and the cash award, the time of day in a 24-hour |
7 | | format showing hours and
minutes, the date, the
terminal serial |
8 | | number, the sequential number of the ticket, and an encrypted
|
9 | | validation number from which the validity of the prize may be |
10 | | determined.
The player shall turn in this ticket to the |
11 | | appropriate
person at the licensed establishment, licensed |
12 | | truck stop establishment, licensed fraternal establishment,
or
|
13 | | licensed veterans establishment
to receive the cash award. The |
14 | | cost
of the credit shall be one cent, 5 cents, 10 cents, or 25 |
15 | | cents, and the maximum
wager played per hand shall not exceed |
16 | | $4 $2 .
No cash award for the maximum wager on any
individual |
17 | | hand shall exceed $1,199, except in the case of a wide area |
18 | | progressive system, as defined in the Illinois Gambling Act, |
19 | | which shall have no limits for cash awards $500 .
|
20 | | (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10.)
|
21 | | (230 ILCS 40/25)
|
22 | | Sec. 25. Restriction of licensees.
|
23 | | (a) Manufacturer. A person may not be licensed as a |
24 | | manufacturer of a
video gaming terminal in Illinois unless the |
25 | | person has a valid
manufacturer's license issued
under this |
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1 | | Act. A manufacturer may only sell video gaming terminals for |
2 | | use
in Illinois to
persons having a valid distributor's |
3 | | license.
|
4 | | (b) Distributor. A person may not sell, distribute, or |
5 | | lease
or market a video gaming terminal in Illinois unless the |
6 | | person has a valid
distributor's
license issued under this Act. |
7 | | A distributor may only sell video gaming
terminals for use in
|
8 | | Illinois to persons having a valid distributor's or terminal |
9 | | operator's
license.
|
10 | | (c) Terminal operator. A person may not own, maintain, or |
11 | | place a video gaming terminal unless he has a valid terminal |
12 | | operator's
license issued
under this Act. A terminal operator |
13 | | may only place video gaming terminals for
use in
Illinois in |
14 | | licensed establishments, licensed truck stop establishments, |
15 | | licensed fraternal establishments,
and
licensed veterans |
16 | | establishments.
No terminal operator may give anything of |
17 | | value, including but not limited to
a loan or financing |
18 | | arrangement, to a licensed establishment, licensed truck stop |
19 | | establishment,
licensed fraternal establishment, or licensed |
20 | | veterans establishment as
any incentive or inducement to locate |
21 | | video terminals in that establishment.
Of the after-tax profits
|
22 | | from a video gaming terminal, 50% shall be paid to the terminal
|
23 | | operator and 50% shall be paid to the licensed establishment, |
24 | | licensed truck stop establishment,
licensed fraternal |
25 | | establishment, or
licensed veterans establishment, |
26 | | notwithstanding any agreement to the contrary.
A video terminal |
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1 | | operator that violates one or more requirements of this |
2 | | subsection is guilty of a Class 4 felony and is subject to |
3 | | termination of his or her license by the Board.
|
4 | | (d) Licensed technician. A person may not service, |
5 | | maintain, or repair a
video gaming terminal
in this State |
6 | | unless he or she (1) has a valid technician's license issued
|
7 | | under this Act, (2) is a terminal operator, or (3) is employed |
8 | | by a terminal
operator, distributor, or manufacturer.
|
9 | | (d-5) Licensed terminal handler. No person, including, but |
10 | | not limited to, an employee or independent contractor working |
11 | | for a manufacturer, distributor, supplier, technician, or |
12 | | terminal operator licensed pursuant to this Act, shall have |
13 | | possession or control of a video gaming terminal, or access to |
14 | | the inner workings of a video gaming terminal, unless that |
15 | | person possesses a valid terminal handler's license issued |
16 | | under this Act. |
17 | | (e) Licensed establishment. No video gaming terminal may be |
18 | | placed in any licensed establishment, licensed veterans |
19 | | establishment, licensed truck stop establishment,
or licensed |
20 | | fraternal establishment
unless the owner
or agent of the owner |
21 | | of the licensed establishment, licensed veterans |
22 | | establishment, licensed truck stop establishment, or licensed
|
23 | | fraternal establishment has entered into a
written use |
24 | | agreement with the terminal operator for placement of the
|
25 | | terminals. A copy of the use agreement shall be on file in the |
26 | | terminal
operator's place of business and available for |
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1 | | inspection by individuals
authorized by the Board. A licensed |
2 | | establishment, licensed truck stop establishment, licensed |
3 | | veterans establishment,
or
licensed
fraternal
establishment |
4 | | may operate up to 5 video gaming terminals on its premises at |
5 | | any
time.
|
6 | | (f) (Blank).
|
7 | | (g) Financial interest restrictions.
As used in this Act, |
8 | | "substantial interest" in a partnership, a corporation, an
|
9 | | organization, an association, a business, or a limited |
10 | | liability company means:
|
11 | | (A) When, with respect to a sole proprietorship, an |
12 | | individual or
his or her spouse owns, operates, manages, or |
13 | | conducts, directly
or indirectly, the organization, |
14 | | association, or business, or any part thereof;
or
|
15 | | (B) When, with respect to a partnership, the individual |
16 | | or his or
her spouse shares in any of the profits, or |
17 | | potential profits,
of the partnership activities; or
|
18 | | (C) When, with respect to a corporation, an individual |
19 | | or his or her
spouse is an officer or director, or the |
20 | | individual or his or her spouse is a holder, directly or |
21 | | beneficially, of 5% or more of any class
of stock of the |
22 | | corporation; or
|
23 | | (D) When, with respect to an organization not covered |
24 | | in (A), (B) or
(C) above, an individual or his or her |
25 | | spouse is an officer or manages the
business affairs, or |
26 | | the individual or his or her spouse is the
owner of or |
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1 | | otherwise controls 10% or more of the assets of the |
2 | | organization;
or
|
3 | | (E) When an individual or his or her spouse furnishes
|
4 | | 5% or more of the capital, whether in cash, goods, or |
5 | | services, for the
operation of any business, association, |
6 | | or organization during any calendar
year; or |
7 | | (F) When, with respect to a limited liability company, |
8 | | an individual or his or her
spouse is a member, or the |
9 | | individual or his or her spouse is a holder, directly or |
10 | | beneficially, of 5% or more of the membership interest of |
11 | | the limited liability company.
|
12 | | For purposes of this subsection (g), "individual" includes |
13 | | all individuals or their spouses whose combined interest would |
14 | | qualify as a substantial interest under this subsection (g) and |
15 | | whose activities with respect to an organization, association, |
16 | | or business are so closely aligned or coordinated as to |
17 | | constitute the activities of a single entity. |
18 | | (h) Location restriction. A licensed establishment, |
19 | | licensed truck stop establishment, licensed
fraternal
|
20 | | establishment, or licensed veterans establishment that is (i) |
21 | | located within 1,000
feet of a facility operated by an |
22 | | organization licensee licensed under the Illinois Horse Racing |
23 | | Act of 1975 or the home dock of a riverboat licensed under the |
24 | | Illinois Riverboat
Gambling Act or (ii) located within 100 feet |
25 | | of a school or a place of worship under the Religious |
26 | | Corporation Act, is ineligible to operate a video gaming |
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1 | | terminal. The location restrictions in this subsection (h) do |
2 | | not apply if (A) a facility operated by an organization |
3 | | licensee, a school, or a place of worship moves to or is |
4 | | established within the restricted area after a licensed |
5 | | establishment, licensed truck stop establishment, licensed |
6 | | fraternal establishment, or licensed veterans establishment |
7 | | becomes licensed under this Act or (B) a school or place of |
8 | | worship moves to or is established within the restricted area |
9 | | after a licensed establishment, licensed truck stop |
10 | | establishment, licensed fraternal establishment, or licensed |
11 | | veterans establishment obtains its original liquor license. |
12 | | For the purpose of this subsection, "school" means an |
13 | | elementary or secondary public school, or an elementary or |
14 | | secondary private school registered with or recognized by the |
15 | | State Board of Education. |
16 | | Notwithstanding the provisions of this subsection (h), the |
17 | | Board may waive the requirement that a licensed establishment, |
18 | | licensed truck stop establishment, licensed fraternal |
19 | | establishment, or licensed veterans establishment not be |
20 | | located within 1,000 feet from a facility operated by an |
21 | | organization licensee licensed under the Illinois Horse Racing |
22 | | Act of 1975 or the home dock of a riverboat licensed under the |
23 | | Illinois Riverboat Gambling Act. The Board shall not grant such |
24 | | waiver if there is any common ownership or control, shared |
25 | | business activity, or contractual arrangement of any type |
26 | | between the establishment and the organization licensee or |
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1 | | owners licensee of a riverboat. The Board shall adopt rules to |
2 | | implement the provisions of this paragraph. |
3 | | (i) Undue economic concentration. In addition to |
4 | | considering all other requirements under this Act, in deciding |
5 | | whether to approve the operation of video gaming terminals by a |
6 | | terminal operator in a location, the Board shall consider the |
7 | | impact of any economic concentration of such operation of video |
8 | | gaming terminals. The Board shall not allow a terminal operator |
9 | | to operate video gaming terminals if the Board determines such |
10 | | operation will result in undue economic concentration. For |
11 | | purposes of this Section, "undue economic concentration" means |
12 | | that a terminal operator would have such actual or potential |
13 | | influence over video gaming terminals in Illinois as to: |
14 | | (1) substantially impede or suppress competition among |
15 | | terminal operators; |
16 | | (2) adversely impact the economic stability of the |
17 | | video gaming industry in Illinois; or |
18 | | (3) negatively impact the purposes of the Video Gaming |
19 | | Act. |
20 | | The Board shall adopt rules concerning undue economic |
21 | | concentration with respect to the operation of video gaming |
22 | | terminals in Illinois. The rules shall include, but not be |
23 | | limited to, (i) limitations on the number of video gaming |
24 | | terminals operated by any terminal operator within a defined |
25 | | geographic radius and (ii) guidelines on the discontinuation of |
26 | | operation of any such video gaming terminals the Board |
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1 | | determines will cause undue economic concentration.
|
2 | | (j) The provisions of the Illinois Antitrust Act are fully |
3 | | and equally applicable to the activities of any licensee under |
4 | | this Act.
|
5 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, |
6 | | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
|
7 | | (230 ILCS 40/45)
|
8 | | Sec. 45. Issuance of license.
|
9 | | (a) The burden is upon each applicant to
demonstrate his |
10 | | suitability for licensure. Each video gaming terminal
|
11 | | manufacturer, distributor, supplier, operator, handler, |
12 | | licensed establishment, licensed truck stop establishment, |
13 | | licensed
fraternal
establishment, and licensed veterans |
14 | | establishment shall be
licensed by the Board.
The Board may |
15 | | issue or deny a license under this Act to any person pursuant |
16 | | to the same criteria set forth in Section 9 of the Illinois |
17 | | Riverboat Gambling Act.
|
18 | | (a-5) The Board shall not grant a license to a person who |
19 | | has facilitated, enabled, or participated in the use of |
20 | | coin-operated devices for gambling purposes or who is under the |
21 | | significant influence or control of such a person. For the |
22 | | purposes of this Act, "facilitated, enabled, or participated in |
23 | | the use of coin-operated amusement devices for gambling |
24 | | purposes" means that the person has been convicted of any |
25 | | violation of Article 28 of the Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012. If there is pending legal action against |
2 | | a person for any such violation, then the Board shall delay the |
3 | | licensure of that person until the legal action is resolved. |
4 | | (b) Each person seeking and possessing a license as a video |
5 | | gaming terminal manufacturer, distributor, supplier, operator, |
6 | | handler, licensed establishment, licensed truck stop |
7 | | establishment, licensed fraternal establishment, or licensed |
8 | | veterans establishment shall submit to a background |
9 | | investigation conducted by the Board with the assistance of the |
10 | | State Police or other law enforcement. To the extent that the |
11 | | corporate structure of the applicant allows, the background |
12 | | investigation shall include any or all of the following as the |
13 | | Board deems appropriate or as provided by rule for each |
14 | | category of licensure: (i) each beneficiary of a trust, (ii) |
15 | | each partner of a partnership, (iii) each member of a limited |
16 | | liability company, (iv) each director and officer of a publicly |
17 | | or non-publicly held corporation, (v) each stockholder of a |
18 | | non-publicly held corporation, (vi) each stockholder of 5% or |
19 | | more of a publicly held corporation, or (vii) each stockholder |
20 | | of 5% or more in a parent or subsidiary corporation. |
21 | | (c) Each person seeking and possessing a license as a video |
22 | | gaming terminal manufacturer, distributor, supplier, operator, |
23 | | handler, licensed establishment, licensed truck stop |
24 | | establishment, licensed fraternal establishment, or licensed |
25 | | veterans establishment shall disclose the identity of every |
26 | | person, association, trust, corporation, or limited liability |
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1 | | company having a greater than 1% direct or indirect pecuniary |
2 | | interest in the video gaming terminal operation for which the |
3 | | license is sought. If the disclosed entity is a trust, the |
4 | | application shall disclose the names and addresses of the |
5 | | beneficiaries; if a corporation, the names and addresses of all |
6 | | stockholders and directors; if a limited liability company, the |
7 | | names and addresses of all members; or if a partnership, the |
8 | | names and addresses of all partners, both general and limited. |
9 | | (d) No person may be licensed as a video gaming terminal |
10 | | manufacturer, distributor, supplier, operator, handler, |
11 | | licensed establishment, licensed truck stop establishment, |
12 | | licensed fraternal establishment, or licensed veterans |
13 | | establishment if that person has been found by the Board to: |
14 | | (1) have a background, including a criminal record, |
15 | | reputation, habits, social or business associations, or |
16 | | prior activities that pose a threat to the public interests |
17 | | of the State or to the security and integrity of video |
18 | | gaming; |
19 | | (2) create or enhance the dangers of unsuitable, |
20 | | unfair, or illegal practices, methods, and activities in |
21 | | the conduct of video gaming; or |
22 | | (3) present questionable business practices and |
23 | | financial arrangements incidental to the conduct of video |
24 | | gaming activities. |
25 | | (e) Any applicant for any license under this Act has the |
26 | | burden of proving his or her qualifications to the satisfaction |
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1 | | of the Board. The Board may adopt rules to establish additional |
2 | | qualifications and requirements to preserve the integrity and |
3 | | security of video gaming in this State. |
4 | | (f) A non-refundable application fee shall be paid at the |
5 | | time an
application for a license is filed with the Board in |
6 | | the following amounts:
|
7 | | (1) Manufacturer ..........................$5,000
|
8 | | (2) Distributor ...........................$5,000
|
9 | | (3) Terminal operator .....................$5,000
|
10 | | (4) Supplier ..............................$2,500
|
11 | | (5) Technician ..............................$100
|
12 | | (6) Terminal Handler ..............................$50 |
13 | | (g) The Board shall establish an
annual fee for each |
14 | | license not to exceed the following: |
15 | | (1) Manufacturer .........................$10,000
|
16 | | (2) Distributor ..........................$10,000
|
17 | | (3) Terminal operator .....................$5,000
|
18 | | (4) Supplier ..............................$2,000
|
19 | | (5) Technician ..............................$100
|
20 | | (6) Licensed establishment, licensed truck stop
|
21 | | establishment, licensed fraternal establishment,
|
22 | | or licensed veterans establishment ..............$100
|
23 | | (7) Video gaming terminal ...................$100
|
24 | | (8) Terminal Handler ..............................$50
|
25 | | (h) A terminal operator and a licensed establishment, |
26 | | licensed truck stop establishment, licensed fraternal |
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1 | | establishment,
or licensed veterans establishment shall |
2 | | equally split the fees specified in item (7) of subsection (g). |
3 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; |
4 | | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
|
5 | | (230 ILCS 40/79) |
6 | | Sec. 79. Investigators. Investigators appointed by the |
7 | | Board pursuant to the powers conferred upon the Board by |
8 | | paragraph (20.6) of subsection (c) of Section 5 of the Illinois |
9 | | Riverboat Gambling Act and Section 80 of this Act shall have |
10 | | authority to conduct investigations, searches, seizures, |
11 | | arrests, and other duties imposed under this Act and the |
12 | | Illinois Riverboat Gambling Act, as deemed necessary by the |
13 | | Board. These investigators have and may exercise all of the |
14 | | rights and powers of peace officers, provided that these powers |
15 | | shall be (1) limited to offenses or violations occurring or |
16 | | committed in connection with conduct subject to this Act, |
17 | | including, but not limited to, the manufacture, distribution, |
18 | | supply, operation, placement, service, maintenance, or play of |
19 | | video gaming terminals and the distribution of profits and |
20 | | collection of revenues resulting from such play, and (2) |
21 | | exercised, to the fullest extent practicable, in cooperation |
22 | | with the local police department of the applicable municipality |
23 | | or, if these powers are exercised outside the boundaries of an |
24 | | incorporated municipality or within a municipality that does |
25 | | not have its own police department, in cooperation with the |
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1 | | police department whose jurisdiction encompasses the |
2 | | applicable locality.
|
3 | | (Source: P.A. 97-809, eff. 7-13-12.)
|
4 | | (230 ILCS 40/80)
|
5 | | Sec. 80. Applicability of Illinois Riverboat Gambling Act. |
6 | | The provisions of the Illinois Riverboat Gambling Act, and all |
7 | | rules promulgated thereunder, shall apply to the Video Gaming |
8 | | Act, except where there is a conflict between the 2 Acts. In |
9 | | the event of a conflict between the 2 Acts, the provisions of |
10 | | the Illinois Gambling Act shall prevail. All provisions of the |
11 | | Uniform Penalty and Interest Act shall apply, as far as |
12 | | practicable, to the subject matter of this Act to the same |
13 | | extent as if such provisions were included herein.
|
14 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
15 | | (230 ILCS 40/90 new) |
16 | | Sec. 90. Wide area progressive systems. The operation of a |
17 | | wide area progressive system, as defined in the Illinois |
18 | | Gambling Act, is permitted, subject to the provisions of the |
19 | | Illinois Gambling Act, and the following conditions: |
20 | | (1) Licensed terminal operators and manufacturer or |
21 | | supplier licensees may operate one or more wide area |
22 | | progressive systems in licensed establishments, licensed |
23 | | truck stop establishments, licensed veterans |
24 | | establishments, and licensed fraternal establishments. A |
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1 | | designated portion of a player's wager may be allocated to |
2 | | the jackpot. The jackpot may be awarded to a player on any |
3 | | of the video gaming terminals that are linked to the wide |
4 | | area progressive system. |
5 | | (2) A wide area progressive system shall at all times |
6 | | be installed and operated in accordance with relevant |
7 | | requirements of this Act and technical standards of wide |
8 | | area progressive systems. |
9 | | (3) A wide area progressive system shall be operated |
10 | | and administered by participating licensees in accordance |
11 | | with the terms and conditions of a written approved policy, |
12 | | which must be submitted in writing and approved by the |
13 | | Board prior to implementation and must comply with this Act |
14 | | and technical standards of wide area progressive systems. |
15 | | (4) Approved policies must address: |
16 | | (A) responsibility for the funding and payment of |
17 | | all jackpots, fees, and taxes associated with the |
18 | | operation of the wide area progressive system; |
19 | | (B) control and operation of the computer |
20 | | monitoring room required under paragraph (5); and |
21 | | (C) other requirements in the technical standards |
22 | | on wide area progressive systems. |
23 | | (5) A wide area progressive system shall be controlled |
24 | | and operated from a computer monitoring room. The computer |
25 | | monitoring room must: |
26 | | (A) be under the sole possession and control of, |
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1 | | and maintained and operated by, employees of the |
2 | | licensee designated in the approved policy for that |
3 | | system; the employees of the licensee may be required |
4 | | to obtain a terminal handler license if the Board |
5 | | determines, after a review of the work being performed, |
6 | | the employees require a license or permit for the |
7 | | protection of the integrity of gaming; |
8 | | (B) have its monitoring equipment subjected to |
9 | | surveillance coverage either by the surveillance |
10 | | system of a licensee or by a dedicated surveillance |
11 | | system maintained by the terminal operator; |
12 | | (C) be accessible through a locked door; the door |
13 | | must be alarmed in a manner that audibly signals the |
14 | | surveillance monitoring room for the surveillance |
15 | | system elected under subparagraph (B) of this |
16 | | paragraph (5); and |
17 | | (D) have a computer monitoring room entry log. |
18 | | This Section shall not be construed to impact the maximum |
19 | | wager as set forth in this Act.
|
20 | | Section 90-45. The Liquor Control Act of 1934 is amended by |
21 | | changing Sections 5-1 and 6-30 as follows:
|
22 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
23 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
24 | | Commission
shall be of the following classes: |
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1 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
2 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
3 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
4 | | First Class Winemaker, Class 7. Second Class Winemaker, Class |
5 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class |
6 | | 10. Class 1 Brewer, Class 11. Class 2 Brewer, |
7 | | (b) Distributor's license, |
8 | | (c) Importing Distributor's license, |
9 | | (d) Retailer's license, |
10 | | (e) Special Event Retailer's license (not-for-profit), |
11 | | (f) Railroad license, |
12 | | (g) Boat license, |
13 | | (h) Non-Beverage User's license, |
14 | | (i) Wine-maker's premises license, |
15 | | (j) Airplane license, |
16 | | (k) Foreign importer's license, |
17 | | (l) Broker's license, |
18 | | (m) Non-resident dealer's
license, |
19 | | (n) Brew Pub license, |
20 | | (o) Auction liquor license, |
21 | | (p) Caterer retailer license, |
22 | | (q) Special use permit license, |
23 | | (r) Winery shipper's license, |
24 | | (s) Craft distiller tasting permit. |
25 | | No
person, firm, partnership, corporation, or other legal |
26 | | business entity that is
engaged in the manufacturing of wine |
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1 | | may concurrently obtain and hold a
wine-maker's license and a |
2 | | wine manufacturer's license. |
3 | | (a) A manufacturer's license shall allow the manufacture,
|
4 | | importation in bulk, storage, distribution and sale of |
5 | | alcoholic liquor
to persons without the State, as may be |
6 | | permitted by law and to licensees
in this State as follows: |
7 | | Class 1. A Distiller may make sales and deliveries of |
8 | | alcoholic liquor to
distillers, rectifiers, importing |
9 | | distributors, distributors and
non-beverage users and to no |
10 | | other licensees. |
11 | | Class 2. A Rectifier, who is not a distiller, as defined |
12 | | herein, may make
sales and deliveries of alcoholic liquor to |
13 | | rectifiers, importing distributors,
distributors, retailers |
14 | | and non-beverage users and to no other licensees. |
15 | | Class 3. A Brewer may make sales and deliveries of beer to |
16 | | importing
distributors and distributors and may make sales as |
17 | | authorized under subsection (e) of Section 6-4 of this Act. |
18 | | Class 4. A first class wine-manufacturer may make sales and |
19 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
|
20 | | importing
distributors and distributors, and to no other |
21 | | licensees. |
22 | | Class 5. A second class Wine manufacturer may make sales |
23 | | and deliveries
of more than 50,000 gallons of wine to |
24 | | manufacturers, importing distributors
and distributors and to |
25 | | no other licensees. |
26 | | Class 6. A first-class wine-maker's license shall allow the |
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1 | | manufacture
of up to 50,000 gallons of wine per year, and the
|
2 | | storage
and sale of such
wine to distributors in the State and |
3 | | to persons without the
State, as may be permitted by law. A |
4 | | person who, prior to June 1, 2008 (the effective date of Public |
5 | | Act 95-634), is a holder of a first-class wine-maker's license |
6 | | and annually produces more than 25,000 gallons of its own wine |
7 | | and who distributes its wine to licensed retailers shall cease |
8 | | this practice on or before July 1, 2008 in compliance with |
9 | | Public Act 95-634. |
10 | | Class 7. A second-class wine-maker's license shall allow |
11 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
12 | | per year, and
the
storage and sale of such wine
to distributors |
13 | | in this State and to persons without the State, as may be
|
14 | | permitted by law. A person who, prior to June 1, 2008 (the |
15 | | effective date of Public Act 95-634), is a holder of a |
16 | | second-class wine-maker's license and annually produces more |
17 | | than 25,000 gallons of its own wine and who distributes its |
18 | | wine to licensed retailers shall cease this practice on or |
19 | | before July 1, 2008 in compliance with Public Act 95-634. |
20 | | Class 8. A limited wine-manufacturer may make sales and |
21 | | deliveries not to
exceed 40,000 gallons of wine per year to |
22 | | distributors, and to
non-licensees in accordance with the |
23 | | provisions of this Act. |
24 | | Class 9. A craft distiller license shall allow the |
25 | | manufacture of up to 100,000 gallons of spirits by distillation |
26 | | per year and the storage of such spirits. If a craft distiller |
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1 | | licensee, including a craft distiller licensee who holds more |
2 | | than one craft distiller license, is not affiliated with any |
3 | | other manufacturer of spirits, then the craft distiller |
4 | | licensee may sell such spirits to distributors in this State |
5 | | and up to 2,500 gallons of such spirits to non-licensees to the |
6 | | extent permitted by any exemption approved by the Commission |
7 | | pursuant to Section 6-4 of this Act. A craft distiller license |
8 | | holder may store such spirits at a non-contiguous licensed |
9 | | location, but at no time shall a craft distiller license holder |
10 | | directly or indirectly produce in the aggregate more than |
11 | | 100,000 gallons of spirits per year. |
12 | | A craft distiller licensee may hold more than one craft |
13 | | distiller's license. However, a craft distiller that holds more |
14 | | than one craft distiller license shall not manufacture, in the |
15 | | aggregate, more than 100,000 gallons of spirits by distillation |
16 | | per year and shall not sell, in the aggregate, more than 2,500 |
17 | | gallons of such spirits to non-licensees in accordance with an |
18 | | exemption approved by the State Commission pursuant to Section |
19 | | 6-4 of this Act. |
20 | | Any craft distiller licensed under this Act who on July 28, |
21 | | 2010 (the effective date of Public Act 96-1367) was licensed as |
22 | | a distiller and manufactured no more spirits than permitted by |
23 | | this Section shall not be required to pay the initial licensing |
24 | | fee. |
25 | | Class 10. A class 1 brewer license, which may only be |
26 | | issued to a licensed brewer or licensed non-resident dealer, |
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1 | | shall allow the manufacture of up to 930,000 gallons of beer |
2 | | per year provided that the class 1 brewer licensee does not |
3 | | manufacture more than a combined 930,000 gallons of beer per |
4 | | year and is not a member of or affiliated with, directly or |
5 | | indirectly, a manufacturer that produces more than 930,000 |
6 | | gallons of beer per year or any other alcoholic liquor. A class |
7 | | 1 brewer licensee may make sales and deliveries to importing |
8 | | distributors and distributors and to retail licensees in |
9 | | accordance with the conditions set forth in paragraph (18) of |
10 | | subsection (a) of Section 3-12 of this Act. |
11 | | Class 11. A class 2 brewer license, which may only be |
12 | | issued to a licensed brewer or licensed non-resident dealer, |
13 | | shall allow the manufacture of up to 3,720,000 gallons of beer |
14 | | per year provided that the class 2 brewer licensee does not |
15 | | manufacture more than a combined 3,720,000 gallons of beer per |
16 | | year and is not a member of or affiliated with, directly or |
17 | | indirectly, a manufacturer that produces more than 3,720,000 |
18 | | gallons of beer per year or any other alcoholic liquor. A class |
19 | | 2 brewer licensee may make sales and deliveries to importing |
20 | | distributors and distributors, but shall not make sales or |
21 | | deliveries to any other licensee. If the State Commission |
22 | | provides prior approval, a class 2 brewer licensee may annually |
23 | | transfer up to 3,720,000 gallons of beer manufactured by that |
24 | | class 2 brewer licensee to the premises of a licensed class 2 |
25 | | brewer wholly owned and operated by the same licensee. |
26 | | (a-1) A manufacturer which is licensed in this State to |
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1 | | make sales or
deliveries of alcoholic liquor to licensed |
2 | | distributors or importing distributors and which enlists |
3 | | agents, representatives, or
individuals acting on its behalf |
4 | | who contact licensed retailers on a regular
and continual basis |
5 | | in this State must register those agents, representatives,
or |
6 | | persons acting on its behalf with the State Commission. |
7 | | Registration of agents, representatives, or persons acting |
8 | | on behalf of a
manufacturer is fulfilled by submitting a form |
9 | | to the Commission. The form
shall be developed by the |
10 | | Commission and shall include the name and address of
the |
11 | | applicant, the name and address of the manufacturer he or she |
12 | | represents,
the territory or areas assigned to sell to or |
13 | | discuss pricing terms of
alcoholic liquor, and any other |
14 | | questions deemed appropriate and necessary.
All statements in |
15 | | the forms required to be made by law or by rule shall be
deemed |
16 | | material, and any person who knowingly misstates any material |
17 | | fact under
oath in an application is guilty of a Class B |
18 | | misdemeanor. Fraud,
misrepresentation, false statements, |
19 | | misleading statements, evasions, or
suppression of material |
20 | | facts in the securing of a registration are grounds for
|
21 | | suspension or revocation of the registration. The State |
22 | | Commission shall post a list of registered agents on the |
23 | | Commission's website. |
24 | | (b) A distributor's license shall allow the wholesale |
25 | | purchase and storage
of alcoholic liquors and sale of alcoholic |
26 | | liquors to licensees
in this State and to persons without the |
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1 | | State, as may be permitted by law. No person licensed as a |
2 | | distributor shall be granted a non-resident dealer's license. |
3 | | (c) An importing distributor's license may be issued to and |
4 | | held by
those only who are duly licensed distributors, upon the |
5 | | filing of an
application by a duly licensed distributor, with |
6 | | the Commission and
the Commission shall, without the
payment of |
7 | | any fee, immediately issue such importing distributor's
|
8 | | license to the applicant, which shall allow the importation of |
9 | | alcoholic
liquor by the licensee into this State from any point |
10 | | in the United
States outside this State, and the purchase of |
11 | | alcoholic liquor in
barrels, casks or other bulk containers and |
12 | | the bottling of such
alcoholic liquors before resale thereof, |
13 | | but all bottles or containers
so filled shall be sealed, |
14 | | labeled, stamped and otherwise made to comply
with all |
15 | | provisions, rules and regulations governing manufacturers in
|
16 | | the preparation and bottling of alcoholic liquors. The |
17 | | importing
distributor's license shall permit such licensee to |
18 | | purchase alcoholic
liquor from Illinois licensed non-resident |
19 | | dealers and foreign importers only. No person licensed as an |
20 | | importing distributor shall be granted a non-resident dealer's |
21 | | license. |
22 | | (d) A retailer's license shall allow the licensee to sell |
23 | | and offer
for sale at retail, only in the premises specified in |
24 | | the license,
alcoholic liquor for use or consumption, but not |
25 | | for resale in any form. Nothing in Public Act 95-634 shall |
26 | | deny, limit, remove, or restrict the ability of a holder of a |
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1 | | retailer's license to transfer, deliver, or ship alcoholic |
2 | | liquor to the purchaser for use or consumption subject to any |
3 | | applicable local law or ordinance. Any retail license issued to |
4 | | a manufacturer shall only
permit the manufacturer to sell beer |
5 | | at retail on the premises actually
occupied by the |
6 | | manufacturer. For the purpose of further describing the type of |
7 | | business conducted at a retail licensed premises, a retailer's |
8 | | licensee may be designated by the State Commission as (i) an on |
9 | | premise consumption retailer, (ii) an off premise sale |
10 | | retailer, or (iii) a combined on premise consumption and off |
11 | | premise sale retailer.
|
12 | | Notwithstanding any other provision of this subsection |
13 | | (d), a retail
licensee may sell alcoholic liquors to a special |
14 | | event retailer licensee for
resale to the extent permitted |
15 | | under subsection (e). |
16 | | (e) A special event retailer's license (not-for-profit) |
17 | | shall permit the
licensee to purchase alcoholic liquors from an |
18 | | Illinois licensed distributor
(unless the licensee purchases |
19 | | less than $500 of alcoholic liquors for the
special event, in |
20 | | which case the licensee may purchase the alcoholic liquors
from |
21 | | a licensed retailer) and shall allow the licensee to sell and |
22 | | offer for
sale, at retail, alcoholic liquors for use or |
23 | | consumption, but not for resale
in any form and only at the |
24 | | location and on the specific dates designated for
the special |
25 | | event in the license. An applicant for a special event retailer
|
26 | | license must
(i) furnish with the application: (A) a resale |
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1 | | number issued under Section
2c of the Retailers' Occupation Tax |
2 | | Act or evidence that the applicant is
registered under Section |
3 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
4 | | exemption identification
number issued under Section 1g of the |
5 | | Retailers' Occupation Tax Act, and a
certification to the |
6 | | Commission that the purchase of alcoholic liquors will be
a |
7 | | tax-exempt purchase, or (C) a statement that the applicant is |
8 | | not registered
under Section 2a of the Retailers' Occupation |
9 | | Tax Act, does not hold a resale
number under Section 2c of the |
10 | | Retailers' Occupation Tax Act, and does not
hold an exemption |
11 | | number under Section 1g of the Retailers' Occupation Tax
Act, |
12 | | in which event the Commission shall set forth on the special |
13 | | event
retailer's license a statement to that effect; (ii) |
14 | | submit with the application proof satisfactory to
the State |
15 | | Commission that the applicant will provide dram shop liability
|
16 | | insurance in the maximum limits; and (iii) show proof |
17 | | satisfactory to the
State Commission that the applicant has |
18 | | obtained local authority
approval. |
19 | | (f) A railroad license shall permit the licensee to import |
20 | | alcoholic
liquors into this State from any point in the United |
21 | | States outside this
State and to store such alcoholic liquors |
22 | | in this State; to make wholesale
purchases of alcoholic liquors |
23 | | directly from manufacturers, foreign
importers, distributors |
24 | | and importing distributors from within or outside
this State; |
25 | | and to store such alcoholic liquors in this State; provided
|
26 | | that the above powers may be exercised only in connection with |
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1 | | the
importation, purchase or storage of alcoholic liquors to be |
2 | | sold or
dispensed on a club, buffet, lounge or dining car |
3 | | operated on an electric,
gas or steam railway in this State; |
4 | | and provided further, that railroad
licensees exercising the |
5 | | above powers shall be subject to all provisions of
Article VIII |
6 | | of this Act as applied to importing distributors. A railroad
|
7 | | license shall also permit the licensee to sell or dispense |
8 | | alcoholic
liquors on any club, buffet, lounge or dining car |
9 | | operated on an electric,
gas or steam railway regularly |
10 | | operated by a common carrier in this State,
but shall not |
11 | | permit the sale for resale of any alcoholic liquors to any
|
12 | | licensee within this State. A license shall be obtained for |
13 | | each car in which
such sales are made. |
14 | | (g) A boat license shall allow the sale of alcoholic liquor |
15 | | in
individual drinks, on any passenger boat regularly operated |
16 | | as a common
carrier on navigable waters in this State or on any |
17 | | riverboat operated
under
the Illinois Riverboat Gambling Act, |
18 | | which boat or riverboat maintains a public
dining room or |
19 | | restaurant thereon. |
20 | | (h) A non-beverage user's license shall allow the licensee |
21 | | to
purchase alcoholic liquor from a licensed manufacturer or |
22 | | importing
distributor, without the imposition of any tax upon |
23 | | the business of such
licensed manufacturer or importing |
24 | | distributor as to such alcoholic
liquor to be used by such |
25 | | licensee solely for the non-beverage purposes
set forth in |
26 | | subsection (a) of Section 8-1 of this Act, and
such licenses |
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1 | | shall be divided and classified and shall permit the
purchase, |
2 | | possession and use of limited and stated quantities of
|
3 | | alcoholic liquor as follows: |
4 | | Class 1, not to exceed ......................... 500 gallons
|
5 | | Class 2, not to exceed ....................... 1,000 gallons
|
6 | | Class 3, not to exceed ....................... 5,000 gallons
|
7 | | Class 4, not to exceed ...................... 10,000 gallons
|
8 | | Class 5, not to exceed ....................... 50,000 gallons |
9 | | (i) A wine-maker's premises license shall allow a
licensee |
10 | | that concurrently holds a first-class wine-maker's license to |
11 | | sell
and offer for sale at retail in the premises specified in |
12 | | such license
not more than 50,000 gallons of the first-class |
13 | | wine-maker's wine that is
made at the first-class wine-maker's |
14 | | licensed premises per year for use or
consumption, but not for |
15 | | resale in any form. A wine-maker's premises
license shall allow |
16 | | a licensee who concurrently holds a second-class
wine-maker's |
17 | | license to sell and offer for sale at retail in the premises
|
18 | | specified in such license up to 100,000 gallons of the
|
19 | | second-class wine-maker's wine that is made at the second-class |
20 | | wine-maker's
licensed premises per year
for use or consumption |
21 | | but not for resale in any form. A wine-maker's premises license |
22 | | shall allow a
licensee that concurrently holds a first-class |
23 | | wine-maker's license or a second-class
wine-maker's license to |
24 | | sell
and offer for sale at retail at the premises specified in |
25 | | the wine-maker's premises license, for use or consumption but |
26 | | not for resale in any form, any beer, wine, and spirits |
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1 | | purchased from a licensed distributor. Upon approval from the
|
2 | | State Commission, a wine-maker's premises license
shall allow |
3 | | the licensee to sell and offer for sale at (i) the wine-maker's
|
4 | | licensed premises and (ii) at up to 2 additional locations for |
5 | | use and
consumption and not for resale. Each location shall |
6 | | require additional
licensing per location as specified in |
7 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
|
8 | | secure liquor liability insurance coverage in an amount at
|
9 | | least equal to the maximum liability amounts set forth in
|
10 | | subsection (a) of Section 6-21 of this Act.
|
11 | | (j) An airplane license shall permit the licensee to import
|
12 | | alcoholic liquors into this State from any point in the United |
13 | | States
outside this State and to store such alcoholic liquors |
14 | | in this State; to
make wholesale purchases of alcoholic liquors |
15 | | directly from
manufacturers, foreign importers, distributors |
16 | | and importing
distributors from within or outside this State; |
17 | | and to store such
alcoholic liquors in this State; provided |
18 | | that the above powers may be
exercised only in connection with |
19 | | the importation, purchase or storage
of alcoholic liquors to be |
20 | | sold or dispensed on an airplane; and
provided further, that |
21 | | airplane licensees exercising the above powers
shall be subject |
22 | | to all provisions of Article VIII of this Act as
applied to |
23 | | importing distributors. An airplane licensee shall also
permit |
24 | | the sale or dispensing of alcoholic liquors on any passenger
|
25 | | airplane regularly operated by a common carrier in this State, |
26 | | but shall
not permit the sale for resale of any alcoholic |
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1 | | liquors to any licensee
within this State. A single airplane |
2 | | license shall be required of an
airline company if liquor |
3 | | service is provided on board aircraft in this
State. The annual |
4 | | fee for such license shall be as determined in
Section 5-3. |
5 | | (k) A foreign importer's license shall permit such licensee |
6 | | to purchase
alcoholic liquor from Illinois licensed |
7 | | non-resident dealers only, and to
import alcoholic liquor other |
8 | | than in bulk from any point outside the
United States and to |
9 | | sell such alcoholic liquor to Illinois licensed
importing |
10 | | distributors and to no one else in Illinois;
provided that (i) |
11 | | the foreign importer registers with the State Commission
every
|
12 | | brand of
alcoholic liquor that it proposes to sell to Illinois |
13 | | licensees during the
license period, (ii) the foreign importer |
14 | | complies with all of the provisions
of Section
6-9 of this Act |
15 | | with respect to registration of such Illinois licensees as may
|
16 | | be granted the
right to sell such brands at wholesale, and |
17 | | (iii) the foreign importer complies with the provisions of |
18 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
19 | | provisions apply to manufacturers. |
20 | | (l) (i) A broker's license shall be required of all persons
|
21 | | who solicit
orders for, offer to sell or offer to supply |
22 | | alcoholic liquor to
retailers in the State of Illinois, or who |
23 | | offer to retailers to ship or
cause to be shipped or to make |
24 | | contact with distillers, rectifiers,
brewers or manufacturers |
25 | | or any other party within or without the State
of Illinois in |
26 | | order that alcoholic liquors be shipped to a distributor,
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1 | | importing distributor or foreign importer, whether such |
2 | | solicitation or
offer is consummated within or without the |
3 | | State of Illinois. |
4 | | No holder of a retailer's license issued by the Illinois |
5 | | Liquor
Control Commission shall purchase or receive any |
6 | | alcoholic liquor, the
order for which was solicited or offered |
7 | | for sale to such retailer by a
broker unless the broker is the |
8 | | holder of a valid broker's license. |
9 | | The broker shall, upon the acceptance by a retailer of the |
10 | | broker's
solicitation of an order or offer to sell or supply or |
11 | | deliver or have
delivered alcoholic liquors, promptly forward |
12 | | to the Illinois Liquor
Control Commission a notification of |
13 | | said transaction in such form as
the Commission may by |
14 | | regulations prescribe. |
15 | | (ii) A broker's license shall be required of
a person |
16 | | within this State, other than a retail licensee,
who, for a fee |
17 | | or commission, promotes, solicits, or accepts orders for
|
18 | | alcoholic liquor, for use or consumption and not for
resale, to |
19 | | be shipped from this State and delivered to residents outside |
20 | | of
this State by an express company, common carrier, or |
21 | | contract carrier.
This Section does not apply to any person who |
22 | | promotes, solicits, or accepts
orders for wine as specifically |
23 | | authorized in Section 6-29 of this Act. |
24 | | A broker's license under this subsection (l)
shall not |
25 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
26 | | own account or to take or deliver title to
such alcoholic |
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1 | | liquors. |
2 | | This subsection (l)
shall not apply to distributors, |
3 | | employees of
distributors, or employees of a manufacturer who |
4 | | has registered the
trademark, brand or name of the alcoholic |
5 | | liquor pursuant to Section 6-9
of this Act, and who regularly |
6 | | sells such alcoholic liquor
in the State of Illinois only to |
7 | | its registrants thereunder. |
8 | | Any agent, representative, or person subject to |
9 | | registration pursuant to
subsection (a-1) of this Section shall |
10 | | not be eligible to receive a broker's
license. |
11 | | (m) A non-resident dealer's license shall permit such |
12 | | licensee to ship
into and warehouse alcoholic liquor into this |
13 | | State from any point
outside of this State, and to sell such |
14 | | alcoholic liquor to Illinois licensed
foreign importers and |
15 | | importing distributors and to no one else in this State;
|
16 | | provided that (i) said non-resident dealer shall register with |
17 | | the Illinois Liquor
Control Commission each and every brand of |
18 | | alcoholic liquor which it proposes
to sell to Illinois |
19 | | licensees during the license period, (ii) it shall comply with |
20 | | all of the provisions of Section 6-9 hereof with
respect to |
21 | | registration of such Illinois licensees as may be granted the |
22 | | right
to sell such brands at wholesale, and (iii) the |
23 | | non-resident dealer shall comply with the provisions of |
24 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
25 | | provisions apply to manufacturers. No person licensed as a |
26 | | non-resident dealer shall be granted a distributor's or |
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1 | | importing distributor's license. |
2 | | (n) A brew pub license shall allow the licensee to only (i) |
3 | | manufacture up to 155,000 gallons of beer per year only
on the |
4 | | premises specified in the license, (ii) make sales of the
beer |
5 | | manufactured on the premises or, with the approval of the |
6 | | Commission, beer manufactured on another brew pub licensed |
7 | | premises that is wholly owned and operated by the same licensee |
8 | | to importing distributors, distributors,
and to non-licensees |
9 | | for use and consumption, (iii) store the beer upon
the |
10 | | premises, (iv) sell and offer for sale at retail from the |
11 | | licensed
premises for off-premises
consumption no more than |
12 | | 155,000 gallons per year so long as such sales are only made |
13 | | in-person, (v) sell and offer for sale at retail for use and |
14 | | consumption on the premises specified in the license any form |
15 | | of alcoholic liquor purchased from a licensed distributor or |
16 | | importing distributor, and (vi) with the prior approval of the |
17 | | Commission, annually transfer no more than 155,000 gallons of |
18 | | beer manufactured on the premises to a licensed brew pub wholly |
19 | | owned and operated by the same licensee. |
20 | | A brew pub licensee shall not under any circumstance sell |
21 | | or offer for sale beer manufactured by the brew pub licensee to |
22 | | retail licensees. |
23 | | A person who holds a class 2 brewer license may |
24 | | simultaneously hold a brew pub license if the class 2 brewer |
25 | | (i) does not, under any circumstance, sell or offer for sale |
26 | | beer manufactured by the class 2 brewer to retail licensees; |
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1 | | (ii) does not hold more than 3 brew pub licenses in this State; |
2 | | (iii) does not manufacture more than a combined 3,720,000 |
3 | | gallons of beer per year, including the beer manufactured at |
4 | | the brew pub; and (iv) is not a member of or affiliated with, |
5 | | directly or indirectly, a manufacturer that produces more than |
6 | | 3,720,000 gallons of beer per year or any other alcoholic |
7 | | liquor. |
8 | | Notwithstanding any other provision of this Act, a licensed |
9 | | brewer, class 2 brewer, or non-resident dealer who before July |
10 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per |
11 | | year and held a brew pub license on or before July 1, 2015 may |
12 | | (i) continue to qualify for and hold that brew pub license for |
13 | | the licensed premises and (ii) manufacture more than 3,720,000 |
14 | | gallons of beer per year and continue to qualify for and hold |
15 | | that brew pub license if that brewer, class 2 brewer, or |
16 | | non-resident dealer does not simultaneously hold a class 1 |
17 | | brewer license and is not a member of or affiliated with, |
18 | | directly or indirectly, a manufacturer that produces more than |
19 | | 3,720,000 gallons of beer per year or that produces any other |
20 | | alcoholic liquor. |
21 | | (o) A caterer retailer license shall allow the holder
to |
22 | | serve alcoholic liquors as an incidental part of a food service |
23 | | that serves
prepared meals which excludes the serving of snacks |
24 | | as
the primary meal, either on or off-site whether licensed or |
25 | | unlicensed. |
26 | | (p) An auction liquor license shall allow the licensee to |
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1 | | sell and offer
for sale at auction wine and spirits for use or |
2 | | consumption, or for resale by
an Illinois liquor licensee in |
3 | | accordance with provisions of this Act. An
auction liquor |
4 | | license will be issued to a person and it will permit the
|
5 | | auction liquor licensee to hold the auction anywhere in the |
6 | | State. An auction
liquor license must be obtained for each |
7 | | auction at least 14 days in advance of
the auction date. |
8 | | (q) A special use permit license shall allow an Illinois |
9 | | licensed
retailer to transfer a portion of its alcoholic liquor |
10 | | inventory from its
retail licensed premises to the premises |
11 | | specified in the license hereby
created, and to sell or offer |
12 | | for sale at retail, only in the premises
specified in the |
13 | | license hereby created, the transferred alcoholic liquor for
|
14 | | use or consumption, but not for resale in any form. A special |
15 | | use permit
license may be granted for the following time |
16 | | periods: one day or less; 2 or
more days to a maximum of 15 days |
17 | | per location in any 12-month period. An
applicant for the |
18 | | special use permit license must also submit with the
|
19 | | application proof satisfactory to the State Commission that the |
20 | | applicant will
provide dram shop liability insurance to the |
21 | | maximum limits and have local
authority approval. |
22 | | (r) A winery shipper's license shall allow a person
with a |
23 | | first-class or second-class wine manufacturer's
license, a |
24 | | first-class or second-class wine-maker's license,
or a limited |
25 | | wine manufacturer's license or who is licensed to
make wine |
26 | | under the laws of another state to ship wine
made by that |
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1 | | licensee directly to a resident of this
State who is 21 years |
2 | | of age or older for that resident's
personal use and not for |
3 | | resale. Prior to receiving a
winery shipper's license, an |
4 | | applicant for the license must
provide the Commission with a |
5 | | true copy of its current
license in any state in which it is |
6 | | licensed as a manufacturer
of wine. An applicant for a winery |
7 | | shipper's license must
also complete an application form that |
8 | | provides any other
information the Commission deems necessary. |
9 | | The application form shall include all addresses from which the |
10 | | applicant for a winery shipper's license intends to ship wine, |
11 | | including the name and address of any third party, except for a |
12 | | common carrier, authorized to ship wine on behalf of the |
13 | | manufacturer. The
application form shall include an |
14 | | acknowledgement consenting
to the jurisdiction of the |
15 | | Commission, the Illinois
Department of Revenue, and the courts |
16 | | of this State concerning
the enforcement of this Act and any |
17 | | related laws, rules, and
regulations, including authorizing |
18 | | the Department of Revenue
and the Commission to conduct audits |
19 | | for the purpose of
ensuring compliance with Public Act 95-634, |
20 | | and an acknowledgement that the wine manufacturer is in |
21 | | compliance with Section 6-2 of this Act. Any third party, |
22 | | except for a common carrier, authorized to ship wine on behalf |
23 | | of a first-class or second-class wine manufacturer's licensee, |
24 | | a first-class or second-class wine-maker's licensee, a limited |
25 | | wine manufacturer's licensee, or a person who is licensed to |
26 | | make wine under the laws of another state shall also be |
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1 | | disclosed by the winery shipper's licensee, and a copy of the |
2 | | written appointment of the third-party wine provider, except |
3 | | for a common carrier, to the wine manufacturer shall be filed |
4 | | with the State Commission as a supplement to the winery |
5 | | shipper's license application or any renewal thereof. The |
6 | | winery shipper's license holder shall affirm under penalty of |
7 | | perjury, as part of the winery shipper's license application or |
8 | | renewal, that he or she only ships wine, either directly or |
9 | | indirectly through a third-party provider, from the licensee's |
10 | | own production. |
11 | | Except for a common carrier, a third-party provider |
12 | | shipping wine on behalf of a winery shipper's license holder is |
13 | | the agent of the winery shipper's license holder and, as such, |
14 | | a winery shipper's license holder is responsible for the acts |
15 | | and omissions of the third-party provider acting on behalf of |
16 | | the license holder. A third-party provider, except for a common |
17 | | carrier, that engages in shipping wine into Illinois on behalf |
18 | | of a winery shipper's license holder shall consent to the |
19 | | jurisdiction of the State Commission and the State. Any |
20 | | third-party, except for a common carrier, holding such an |
21 | | appointment shall, by February 1 of each calendar year and upon |
22 | | request by the State Commission or the Department of Revenue, |
23 | | file with the State Commission a statement detailing each |
24 | | shipment made to an Illinois resident. The statement shall |
25 | | include the name and address of the third-party provider filing |
26 | | the statement, the time period covered by the statement, and |
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1 | | the following information: |
2 | | (1) the name, address, and license number of the winery |
3 | | shipper on whose behalf the shipment was made; |
4 | | (2) the quantity of the products delivered; and |
5 | | (3) the date and address of the shipment. |
6 | | If the Department of Revenue or the State Commission requests a |
7 | | statement under this paragraph, the third-party provider must |
8 | | provide that statement no later than 30 days after the request |
9 | | is made. Any books, records, supporting papers, and documents |
10 | | containing information and data relating to a statement under |
11 | | this paragraph shall be kept and preserved for a period of 3 |
12 | | years, unless their destruction sooner is authorized, in |
13 | | writing, by the Director of Revenue, and shall be open and |
14 | | available to inspection by the Director of Revenue or the State |
15 | | Commission or any duly authorized officer, agent, or employee |
16 | | of the State Commission or the Department of Revenue, at all |
17 | | times during business hours of the day. Any person who violates |
18 | | any provision of this paragraph or any rule of the State |
19 | | Commission for the administration and enforcement of the |
20 | | provisions of this paragraph is guilty of a Class C |
21 | | misdemeanor. In case of a continuing violation, each day's |
22 | | continuance thereof shall be a separate and distinct offense. |
23 | | The State Commission shall adopt rules as soon as |
24 | | practicable to implement the requirements of Public Act 99-904 |
25 | | and shall adopt rules prohibiting any such third-party |
26 | | appointment of a third-party provider, except for a common |
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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
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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)
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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 | | As used in this subsection, "third-party provider" means |
7 | | any entity that provides fulfillment house services, including |
8 | | warehousing, packaging, distribution, order processing, or |
9 | | shipment of wine, but not the sale of wine, on behalf of a |
10 | | licensed winery shipper. |
11 | | (s) A craft distiller tasting permit license shall allow an |
12 | | Illinois licensed craft distiller to transfer a portion of its |
13 | | alcoholic liquor inventory from its craft distiller licensed |
14 | | premises to the premises specified in the license hereby |
15 | | created and to conduct a sampling, only in the premises |
16 | | specified in the license hereby created, of the transferred |
17 | | alcoholic liquor in accordance with subsection (c) of Section |
18 | | 6-31 of this Act. The transferred alcoholic liquor may not be |
19 | | sold or resold in any form. An applicant for the craft |
20 | | distiller tasting permit license must also submit with the |
21 | | application proof satisfactory to the State Commission that the |
22 | | applicant will provide dram shop liability insurance to the |
23 | | maximum limits and have local authority approval. |
24 | | (Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16; |
25 | | 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff. |
26 | | 1-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17.)
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1 | | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
|
2 | | Sec. 6-30. Notwithstanding any other provision of this Act, |
3 | | the
Illinois Gaming Board shall have exclusive authority to |
4 | | establish the hours
for sale and consumption of alcoholic |
5 | | liquor on board a riverboat during
riverboat gambling |
6 | | excursions and in a casino conducted in accordance with the |
7 | | Illinois Riverboat
Gambling Act.
|
8 | | (Source: P.A. 87-826.)
|
9 | | Section 90-46. The Illinois Public Aid Code is amended by |
10 | | changing Section 10-17.15 as follows:
|
11 | | (305 ILCS 5/10-17.15) |
12 | | Sec. 10-17.15. Certification of information to State |
13 | | gaming licensees. |
14 | | (a) For purposes of this Section, "State gaming licensee" |
15 | | means, as applicable, an organization licensee or advance |
16 | | deposit wagering licensee licensed under the Illinois Horse |
17 | | Racing Act of 1975, an owners licensee licensed under the |
18 | | Illinois Riverboat Gambling Act, or a licensee that operates, |
19 | | under any law of this State, one or more facilities or gaming |
20 | | locations at which lawful gambling is authorized and licensed |
21 | | as provided in the Illinois Riverboat Gambling Act. |
22 | | (b) The Department may provide, by rule, for certification |
23 | | to any State gaming licensee of past due child support owed by |
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1 | | a responsible relative under a support order entered by a court |
2 | | or administrative body of this or any other State on behalf of |
3 | | a resident or non-resident receiving child support services |
4 | | under this Article in accordance with the requirements of Title |
5 | | IV-D, Part D, of the Social Security Act. The State gaming |
6 | | licensee shall have the ability to withhold from winnings |
7 | | required to be reported to the Internal Revenue Service on Form |
8 | | W-2G, up to the full amount of winnings necessary to pay the |
9 | | winner's past due child support. The rule shall provide for |
10 | | notice to and an opportunity to be heard by each responsible |
11 | | relative affected and any final administrative decision |
12 | | rendered by the Department shall be reviewed only under and in |
13 | | accordance with the Administrative Review Law. |
14 | | (c) For withholding of winnings, the State gaming licensee |
15 | | shall be entitled to an administrative fee not to exceed the |
16 | | lesser of 4% of the total amount of cash winnings paid to the |
17 | | gambling winner or $150. |
18 | | (d) In no event may the total amount withheld from the cash |
19 | | payout, including the administrative fee, exceed the total cash |
20 | | winnings claimed by the obligor. If the cash payout claimed is |
21 | | greater than the amount sufficient to satisfy the obligor's |
22 | | delinquent child support payments, the State gaming licensee |
23 | | shall pay the obligor the remaining balance of the payout, less |
24 | | the administrative fee authorized by subsection (c) of this |
25 | | Section, at the time it is claimed. |
26 | | (e) A State gaming licensee who in good faith complies with |
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1 | | the requirements of this Section shall not be liable to the |
2 | | gaming winner or any other individual or entity.
|
3 | | (Source: P.A. 98-318, eff. 8-12-13.)
|
4 | | Section 90-47. The Firearm Concealed Carry Act is amended |
5 | | by changing Section 65 as follows:
|
6 | | (430 ILCS 66/65)
|
7 | | Sec. 65. Prohibited areas. |
8 | | (a) A licensee under this Act shall not knowingly carry a |
9 | | firearm on or into: |
10 | | (1) Any building, real property, and parking area under |
11 | | the control of a public or private elementary or secondary |
12 | | school. |
13 | | (2) Any building, real property, and parking area under |
14 | | the control of a pre-school or child care facility, |
15 | | including any room or portion of a building under the |
16 | | control of a pre-school or child care facility. Nothing in |
17 | | this paragraph shall prevent the operator of a child care |
18 | | facility in a family home from owning or possessing a |
19 | | firearm in the home or license under this Act, if no child |
20 | | under child care at the home is present in the home or the |
21 | | firearm in the home is stored in a locked container when a |
22 | | child under child care at the home is present in the home. |
23 | | (3) Any building, parking area, or portion of a |
24 | | building under the control of an officer of the executive |
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1 | | or legislative branch of government, provided that nothing |
2 | | in this paragraph shall prohibit a licensee from carrying a |
3 | | concealed firearm onto the real property, bikeway, or trail |
4 | | in a park regulated by the Department of Natural Resources |
5 | | or any other designated public hunting area or building |
6 | | where firearm possession is permitted as established by the |
7 | | Department of Natural Resources under Section 1.8 of the |
8 | | Wildlife Code. |
9 | | (4) Any building designated for matters before a |
10 | | circuit court, appellate court, or the Supreme Court, or |
11 | | any building or portion of a building under the control of |
12 | | the Supreme Court. |
13 | | (5) Any building or portion of a building under the |
14 | | control of a unit of local government. |
15 | | (6) Any building, real property, and parking area under |
16 | | the control of an adult or juvenile detention or |
17 | | correctional institution, prison, or jail. |
18 | | (7) Any building, real property, and parking area under |
19 | | the control of a public or private hospital or hospital |
20 | | affiliate, mental health facility, or nursing home. |
21 | | (8) Any bus, train, or form of transportation paid for |
22 | | in whole or in part with public funds, and any building, |
23 | | real property, and parking area under the control of a |
24 | | public transportation facility paid for in whole or in part |
25 | | with public funds. |
26 | | (9) Any building, real property, and parking area under |
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1 | | the control of an establishment that serves alcohol on its |
2 | | premises, if more than 50% of the establishment's gross |
3 | | receipts within the prior 3 months is from the sale of |
4 | | alcohol. The owner of an establishment who knowingly fails |
5 | | to prohibit concealed firearms on its premises as provided |
6 | | in this paragraph or who knowingly makes a false statement |
7 | | or record to avoid the prohibition on concealed firearms |
8 | | under this paragraph is subject to the penalty under |
9 | | subsection (c-5) of Section 10-1 of the Liquor Control Act |
10 | | of 1934. |
11 | | (10) Any public gathering or special event conducted on |
12 | | property open to the public that requires the issuance of a |
13 | | permit from the unit of local government, provided this |
14 | | prohibition shall not apply to a licensee who must walk |
15 | | through a public gathering in order to access his or her |
16 | | residence, place of business, or vehicle. |
17 | | (11) Any building or real property that has been issued |
18 | | a Special Event Retailer's license as defined in Section |
19 | | 1-3.17.1 of the Liquor Control Act during the time |
20 | | designated for the sale of alcohol by the Special Event |
21 | | Retailer's license, or a Special use permit license as |
22 | | defined in subsection (q) of Section 5-1 of the Liquor |
23 | | Control Act during the time designated for the sale of |
24 | | alcohol by the Special use permit license. |
25 | | (12) Any public playground. |
26 | | (13) Any public park, athletic area, or athletic |
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1 | | facility under the control of a municipality or park |
2 | | district, provided nothing in this Section shall prohibit a |
3 | | licensee from carrying a concealed firearm while on a trail |
4 | | or bikeway if only a portion of the trail or bikeway |
5 | | includes a public park. |
6 | | (14) Any real property under the control of the Cook |
7 | | County Forest Preserve District. |
8 | | (15) Any building, classroom, laboratory, medical |
9 | | clinic, hospital, artistic venue, athletic venue, |
10 | | entertainment venue, officially recognized |
11 | | university-related organization property, whether owned or |
12 | | leased, and any real property, including parking areas, |
13 | | sidewalks, and common areas under the control of a public |
14 | | or private community college, college, or university. |
15 | | (16) Any building, real property, or parking area under |
16 | | the control of a gaming facility licensed under the |
17 | | Illinois Riverboat Gambling Act or the Illinois Horse |
18 | | Racing Act of 1975, including an inter-track wagering |
19 | | location licensee. |
20 | | (17) Any stadium, arena, or the real property or |
21 | | parking area under the control of a stadium, arena, or any |
22 | | collegiate or professional sporting event. |
23 | | (18) Any building, real property, or parking area under |
24 | | the control of a public library. |
25 | | (19) Any building, real property, or parking area under |
26 | | the control of an airport. |
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1 | | (20) Any building, real property, or parking area under |
2 | | the control of an amusement park. |
3 | | (21) Any building, real property, or parking area under |
4 | | the control of a zoo or museum. |
5 | | (22) Any street, driveway, parking area, property, |
6 | | building, or facility, owned, leased, controlled, or used |
7 | | by a nuclear energy, storage, weapons, or development site |
8 | | or facility regulated by the federal Nuclear Regulatory |
9 | | Commission. The licensee shall not under any circumstance |
10 | | store a firearm or ammunition in his or her vehicle or in a |
11 | | compartment or container within a vehicle located anywhere |
12 | | in or on the street, driveway, parking area, property, |
13 | | building, or facility described in this paragraph. |
14 | | (23) Any area where firearms are prohibited under |
15 | | federal law. |
16 | | (a-5) Nothing in this Act shall prohibit a public or |
17 | | private community college, college, or university from: |
18 | | (1) prohibiting persons from carrying a firearm within |
19 | | a vehicle owned, leased, or controlled by the college or |
20 | | university; |
21 | | (2) developing resolutions, regulations, or policies |
22 | | regarding student, employee, or visitor misconduct and |
23 | | discipline, including suspension and expulsion; |
24 | | (3) developing resolutions, regulations, or policies |
25 | | regarding the storage or maintenance of firearms, which |
26 | | must include designated areas where persons can park |
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1 | | vehicles that carry firearms; and |
2 | | (4) permitting the carrying or use of firearms for the |
3 | | purpose of instruction and curriculum of officially |
4 | | recognized programs, including but not limited to military |
5 | | science and law enforcement training programs, or in any |
6 | | designated area used for hunting purposes or target |
7 | | shooting. |
8 | | (a-10) The owner of private real property of any type may |
9 | | prohibit the carrying of concealed firearms on the property |
10 | | under his or her control. The owner must post a sign in |
11 | | accordance with subsection (d) of this Section indicating that |
12 | | firearms are prohibited on the property, unless the property is |
13 | | a private residence. |
14 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
15 | | this Section except under paragraph (22) or (23) of subsection |
16 | | (a), any licensee prohibited from carrying a concealed firearm |
17 | | into the parking area of a prohibited location specified in |
18 | | subsection (a), (a-5), or (a-10) of this Section shall be |
19 | | permitted to carry a concealed firearm on or about his or her |
20 | | person within a vehicle into the parking area and may store a |
21 | | firearm or ammunition concealed in a case within a locked |
22 | | vehicle or locked container out of plain view within the |
23 | | vehicle in the parking area. A licensee may carry a concealed |
24 | | firearm in the immediate area surrounding his or her vehicle |
25 | | within a prohibited parking lot area only for the limited |
26 | | purpose of storing or retrieving a firearm within the vehicle's |
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1 | | trunk. For purposes of this subsection, "case" includes a glove |
2 | | compartment or console that completely encloses the concealed |
3 | | firearm or ammunition, the trunk of the vehicle, or a firearm |
4 | | carrying box, shipping box, or other container. |
5 | | (c) A licensee shall not be in violation of this Section |
6 | | while he or she is traveling along a public right of way that |
7 | | touches or crosses any of the premises under subsection (a), |
8 | | (a-5), or (a-10) of this Section if the concealed firearm is |
9 | | carried on his or her person in accordance with the provisions |
10 | | of this Act or is being transported in a vehicle by the |
11 | | licensee in accordance with all other applicable provisions of |
12 | | law. |
13 | | (d) Signs stating that the carrying of firearms is |
14 | | prohibited shall be clearly and conspicuously posted at the |
15 | | entrance of a building, premises, or real property specified in |
16 | | this Section as a prohibited area, unless the building or |
17 | | premises is a private residence. Signs shall be of a uniform |
18 | | design as established by the Department and shall be 4 inches |
19 | | by 6 inches in size. The Department shall adopt rules for |
20 | | standardized signs to be used under this subsection.
|
21 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
|
22 | | Section 90-50. The Criminal Code of 2012 is amended by |
23 | | changing Sections 28-1, 28-1.1, 28-3,
28-5, and 28-7 as |
24 | | follows:
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1 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
|
2 | | Sec. 28-1. Gambling.
|
3 | | (a) A person commits gambling when he or she:
|
4 | | (1) knowingly plays a game of chance or skill for money |
5 | | or other thing of
value, unless excepted in subsection (b) |
6 | | of this Section;
|
7 | | (2) knowingly makes a wager upon the result of any |
8 | | game, contest, or any
political nomination, appointment or |
9 | | election;
|
10 | | (3) knowingly operates, keeps, owns, uses, purchases, |
11 | | exhibits, rents, sells,
bargains for the sale or lease of, |
12 | | manufactures or distributes any
gambling device;
|
13 | | (4) contracts to have or give himself or herself or |
14 | | another the option to buy
or sell, or contracts to buy or |
15 | | sell, at a future time, any grain or
other commodity |
16 | | whatsoever, or any stock or security of any company,
where |
17 | | it is at the time of making such contract intended by both |
18 | | parties
thereto that the contract to buy or sell, or the |
19 | | option, whenever
exercised, or the contract resulting |
20 | | therefrom, shall be settled, not by
the receipt or delivery |
21 | | of such property, but by the payment only of
differences in |
22 | | prices thereof; however, the issuance, purchase, sale,
|
23 | | exercise, endorsement or guarantee, by or through a person |
24 | | registered
with the Secretary of State pursuant to Section |
25 | | 8 of the Illinois
Securities Law of 1953, or by or through |
26 | | a person exempt from such
registration under said Section |
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1 | | 8, of a put, call, or other option to
buy or sell |
2 | | securities which have been registered with the Secretary of
|
3 | | State or which are exempt from such registration under |
4 | | Section 3 of the
Illinois Securities Law of 1953 is not |
5 | | gambling within the meaning of
this paragraph (4);
|
6 | | (5) knowingly owns or possesses any book, instrument or |
7 | | apparatus by
means of which bets or wagers have been, or |
8 | | are, recorded or registered,
or knowingly possesses any |
9 | | money which he has received in the course of
a bet or |
10 | | wager;
|
11 | | (6) knowingly sells pools upon the result of any game |
12 | | or contest of skill or
chance, political nomination, |
13 | | appointment or election;
|
14 | | (7) knowingly sets up or promotes any lottery or sells, |
15 | | offers to sell or
transfers any ticket or share for any |
16 | | lottery;
|
17 | | (8) knowingly sets up or promotes any policy game or |
18 | | sells, offers to sell or
knowingly possesses or transfers |
19 | | any policy ticket, slip, record,
document or other similar |
20 | | device;
|
21 | | (9) knowingly drafts, prints or publishes any lottery |
22 | | ticket or share,
or any policy ticket, slip, record, |
23 | | document or similar device, except for
such activity |
24 | | related to lotteries, bingo games and raffles authorized by
|
25 | | and conducted in accordance with the laws of Illinois or |
26 | | any other state or
foreign government;
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1 | | (10) knowingly advertises any lottery or policy game, |
2 | | except for such
activity related to lotteries, bingo games |
3 | | and raffles authorized by and
conducted in accordance with |
4 | | the laws of Illinois or any other state;
|
5 | | (11) knowingly transmits information as to wagers, |
6 | | betting odds, or
changes in betting odds by telephone, |
7 | | telegraph, radio, semaphore or
similar means; or knowingly |
8 | | installs or maintains equipment for the
transmission or |
9 | | receipt of such information; except that nothing in this
|
10 | | subdivision (11) prohibits transmission or receipt of such |
11 | | information
for use in news reporting of sporting events or |
12 | | contests; or
|
13 | | (12) knowingly establishes, maintains, or operates an |
14 | | Internet site that
permits a person to play a game of
|
15 | | chance or skill for money or other thing of value by means |
16 | | of the Internet or
to make a wager upon the
result of any |
17 | | game, contest, political nomination, appointment, or
|
18 | | election by means of the Internet. This item (12) does not |
19 | | apply to activities referenced in items (6) and (6.1) of |
20 | | subsection (b) of this Section.
|
21 | | (b) Participants in any of the following activities shall |
22 | | not be
convicted of gambling:
|
23 | | (1) Agreements to compensate for loss caused by the |
24 | | happening of
chance including without limitation contracts |
25 | | of indemnity or guaranty
and life or health or accident |
26 | | insurance.
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1 | | (2) Offers of prizes, award or compensation to the |
2 | | actual
contestants in any bona fide contest for the |
3 | | determination of skill,
speed, strength or endurance or to |
4 | | the owners of animals or vehicles
entered in such contest.
|
5 | | (3) Pari-mutuel betting as authorized by the law of |
6 | | this State.
|
7 | | (4) Manufacture of gambling devices, including the |
8 | | acquisition of
essential parts therefor and the assembly |
9 | | thereof, for transportation in
interstate or foreign |
10 | | commerce to any place outside this State when such
|
11 | | transportation is not prohibited by any applicable Federal |
12 | | law; or the
manufacture, distribution, or possession of |
13 | | video gaming terminals, as
defined in the Video Gaming Act, |
14 | | by manufacturers, distributors, and
terminal operators |
15 | | licensed to do so under the Video Gaming Act.
|
16 | | (5) The game commonly known as "bingo", when conducted |
17 | | in accordance
with the Bingo License and Tax Act.
|
18 | | (6) Lotteries when conducted by the State of Illinois |
19 | | in accordance
with the Illinois Lottery Law. This exemption |
20 | | includes any activity conducted by the Department of |
21 | | Revenue to sell lottery tickets pursuant to the provisions |
22 | | of the Illinois Lottery Law and its rules.
|
23 | | (6.1) The purchase of lottery tickets through the |
24 | | Internet for a lottery conducted by the State of Illinois |
25 | | under the program established in Section 7.12 of the |
26 | | Illinois Lottery Law.
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1 | | (7) Possession of an antique slot machine that is |
2 | | neither used nor
intended to be used in the operation or |
3 | | promotion of any unlawful
gambling activity or enterprise. |
4 | | For the purpose of this subparagraph
(b)(7), an antique |
5 | | slot machine is one manufactured 25 years ago or earlier.
|
6 | | (8) Raffles and poker runs when conducted in accordance |
7 | | with the Raffles and Poker Runs Act.
|
8 | | (9) Charitable games when conducted in accordance with |
9 | | the Charitable
Games Act.
|
10 | | (10) Pull tabs and jar games when conducted under the |
11 | | Illinois Pull
Tabs and Jar Games Act.
|
12 | | (11) Gambling games conducted on riverboats when
|
13 | | authorized by the Illinois Riverboat Gambling Act.
|
14 | | (12) Video gaming terminal games at a licensed |
15 | | establishment, licensed truck stop establishment,
licensed
|
16 | | fraternal establishment, or licensed veterans |
17 | | establishment when
conducted in accordance with the Video |
18 | | Gaming Act. |
19 | | (13) Games of skill or chance where money or other |
20 | | things of value can be won but no payment or purchase is |
21 | | required to participate. |
22 | | (14) Savings promotion raffles authorized under |
23 | | Section 5g of the Illinois Banking Act, Section 7008 of the |
24 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union |
25 | | Act, Section 5136B of the National Bank Act (12 U.S.C. |
26 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. |
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1 | | 1463). |
2 | | (c) Sentence.
|
3 | | Gambling is a
Class A misdemeanor. A second or
subsequent |
4 | | conviction under subsections (a)(3) through (a)(12),
is a Class |
5 | | 4 felony.
|
6 | | (d) Circumstantial evidence.
|
7 | | In prosecutions under
this
Section circumstantial evidence |
8 | | shall have the same validity and weight as
in any criminal |
9 | | prosecution.
|
10 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
|
11 | | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
|
12 | | Sec. 28-1.1. Syndicated gambling.
|
13 | | (a) Declaration of Purpose. Recognizing the close |
14 | | relationship between
professional gambling and other organized |
15 | | crime, it is declared to be the
policy of the legislature to |
16 | | restrain persons from engaging in the business
of gambling for |
17 | | profit in this State. This Section shall be liberally
construed |
18 | | and administered with a view to carrying out this policy.
|
19 | | (b) A person commits syndicated gambling when he or she |
20 | | operates a "policy
game" or engages in the business of |
21 | | bookmaking.
|
22 | | (c) A person "operates a policy game" when he or she |
23 | | knowingly uses any
premises or property for the purpose of |
24 | | receiving or knowingly does
receive from what is commonly |
25 | | called "policy":
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1 | | (1) money from a person other than the bettor or player |
2 | | whose
bets or plays are represented by the money; or
|
3 | | (2) written "policy game" records, made or used over |
4 | | any
period of time, from a person other than the bettor or |
5 | | player whose bets
or plays are represented by the written |
6 | | record.
|
7 | | (d) A person engages in bookmaking when he or she knowingly |
8 | | receives or accepts more
than five bets or wagers upon the |
9 | | result of any trials or contests of
skill, speed or power of |
10 | | endurance or upon any lot, chance, casualty,
unknown or |
11 | | contingent event whatsoever, which bets or wagers shall be of
|
12 | | such size that the total of the amounts of money paid or |
13 | | promised to be
paid to the bookmaker on account thereof shall |
14 | | exceed $2,000.
Bookmaking is the receiving or accepting of bets |
15 | | or wagers
regardless of the form or manner in which the |
16 | | bookmaker records them.
|
17 | | (e) Participants in any of the following activities shall |
18 | | not be
convicted of syndicated 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 the contest;
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1 | | (3) Pari-mutuel betting as authorized by law of this |
2 | | 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
the |
7 | | transportation is not prohibited by any applicable Federal |
8 | | law;
|
9 | | (5) Raffles and poker runs when conducted in accordance |
10 | | with the Raffles and Poker Runs Act;
|
11 | | (6) Gambling games conducted on riverboats , in |
12 | | casinos, or at electronic gaming facilities when
|
13 | | authorized by the Illinois Riverboat Gambling Act;
|
14 | | (7) Video gaming terminal games at a licensed |
15 | | establishment, licensed truck stop establishment,
licensed
|
16 | | fraternal establishment, or licensed veterans |
17 | | establishment
when conducted in accordance with the Video |
18 | | Gaming Act; and
|
19 | | (8) Savings promotion raffles authorized under Section |
20 | | 5g of the Illinois Banking Act, Section 7008 of the Savings |
21 | | Bank Act, Section 42.7 of the Illinois Credit Union Act, |
22 | | Section 5136B of the National Bank Act (12 U.S.C. 25a), or |
23 | | Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463). |
24 | | (f) Sentence. Syndicated gambling is a Class 3 felony.
|
25 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
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1 | | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
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2 | | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is |
3 | | any real
estate, vehicle, boat or any other property whatsoever |
4 | | used for the
purposes of gambling other than gambling conducted |
5 | | in the manner authorized
by the Illinois Riverboat Gambling Act |
6 | | or the Video Gaming Act. Any person who
knowingly permits any |
7 | | premises
or property owned or occupied by him or under his |
8 | | control to be used as a
gambling place commits a Class A |
9 | | misdemeanor. Each subsequent offense is a
Class 4 felony. When |
10 | | any premises is determined by the circuit court to be
a |
11 | | gambling place:
|
12 | | (a) Such premises is a public nuisance and may be proceeded |
13 | | against as such,
and
|
14 | | (b) All licenses, permits or certificates issued by the |
15 | | State of
Illinois or any subdivision or public agency thereof |
16 | | authorizing the
serving of food or liquor on such premises |
17 | | shall be void; and no license,
permit or certificate so |
18 | | cancelled shall be reissued for such premises for
a period of |
19 | | 60 days thereafter; nor shall any person convicted of keeping a
|
20 | | gambling place be reissued such license
for one year from his |
21 | | conviction and, after a second conviction of keeping
a gambling |
22 | | place, any such person shall not be reissued such license, and
|
23 | | (c) Such premises of any person who knowingly permits |
24 | | thereon a
violation of any Section of this Article shall be |
25 | | held liable for, and may
be sold to pay any unsatisfied |
26 | | judgment that may be recovered and any
unsatisfied fine that |
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1 | | may be levied under any Section of this Article.
|
2 | | (Source: P.A. 96-34, eff. 7-13-09.)
|
3 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
|
4 | | (Text of Section before amendment by P.A. 100-512 )
|
5 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
|
6 | | (a) Every device designed for gambling which is incapable |
7 | | of lawful use
or every device used unlawfully for gambling |
8 | | shall be considered a
"gambling device", and shall be subject |
9 | | to seizure, confiscation and
destruction by the Department of |
10 | | State Police or by any municipal, or other
local authority, |
11 | | within whose jurisdiction the same may be found. As used
in |
12 | | this Section, a "gambling device" includes any slot machine, |
13 | | and
includes any machine or device constructed for the |
14 | | reception of money or
other thing of value and so constructed |
15 | | as to return, or to cause someone
to return, on chance to the |
16 | | player thereof money, property or a right to
receive money or |
17 | | property. With the exception of any device designed for
|
18 | | gambling which is incapable of lawful use, no gambling device |
19 | | shall be
forfeited or destroyed unless an individual with a |
20 | | property interest in
said device knows of the unlawful use of |
21 | | the device.
|
22 | | (b) Every gambling device shall be seized and forfeited to |
23 | | the county
wherein such seizure occurs. Any money or other |
24 | | thing of value integrally
related to acts of gambling shall be |
25 | | seized and forfeited to the county
wherein such seizure occurs.
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1 | | (c) If, within 60 days after any seizure pursuant to |
2 | | subparagraph
(b) of this Section, a person having any property |
3 | | interest in the seized
property is charged with an offense, the |
4 | | court which renders judgment
upon such charge shall, within 30 |
5 | | days after such judgment, conduct a
forfeiture hearing to |
6 | | determine whether such property was a gambling device
at the |
7 | | time of seizure. Such hearing shall be commenced by a written
|
8 | | petition by the State, including material allegations of fact, |
9 | | the name
and address of every person determined by the State to |
10 | | have any property
interest in the seized property, a |
11 | | representation that written notice of
the date, time and place |
12 | | of such hearing has been mailed to every such
person by |
13 | | certified mail at least 10 days before such date, and a
request |
14 | | for forfeiture. Every such person may appear as a party and
|
15 | | present evidence at such hearing. The quantum of proof required |
16 | | shall
be a preponderance of the evidence, and the burden of |
17 | | proof shall be on
the State. If the court determines that the |
18 | | seized property was
a gambling device at the time of seizure, |
19 | | an order of forfeiture and
disposition of the seized property |
20 | | shall be entered: a gambling device
shall be received by the |
21 | | State's Attorney, who shall effect its
destruction, except that |
22 | | valuable parts thereof may be liquidated and
the resultant |
23 | | money shall be deposited in the general fund of the county
|
24 | | wherein such seizure occurred; money and other things of value |
25 | | shall be
received by the State's Attorney and, upon |
26 | | liquidation, shall be
deposited in the general fund of the |
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1 | | county wherein such seizure
occurred. However, in the event |
2 | | that a defendant raises the defense
that the seized slot |
3 | | machine is an antique slot machine described in
subparagraph |
4 | | (b)(7) of Section 28-1 of this Code and therefore he is
exempt |
5 | | from the charge of a gambling activity participant, the seized
|
6 | | antique slot machine shall not be destroyed or otherwise |
7 | | altered until a
final determination is made by the Court as to |
8 | | whether it is such an
antique slot machine. Upon a final |
9 | | determination by the Court of this
question in favor of the |
10 | | defendant, such slot machine shall be
immediately returned to |
11 | | the defendant. Such order of forfeiture and
disposition shall, |
12 | | for the purposes of appeal, be a final order and
judgment in a |
13 | | civil proceeding.
|
14 | | (d) If a seizure pursuant to subparagraph (b) of this |
15 | | Section is not
followed by a charge pursuant to subparagraph |
16 | | (c) of this Section, or if
the prosecution of such charge is |
17 | | permanently terminated or indefinitely
discontinued without |
18 | | any judgment of conviction or acquittal (1) the
State's |
19 | | Attorney shall commence an in rem proceeding for the forfeiture
|
20 | | and destruction of a gambling device, or for the forfeiture and |
21 | | deposit
in the general fund of the county of any seized money |
22 | | or other things of
value, or both, in the circuit court and (2) |
23 | | any person having any
property interest in such seized gambling |
24 | | device, money or other thing
of value may commence separate |
25 | | civil proceedings in the manner provided
by law.
|
26 | | (e) Any gambling device displayed for sale to a riverboat |
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1 | | gambling
operation , casino gambling operation, or electronic |
2 | | gaming facility or used to train occupational licensees of a |
3 | | riverboat gambling
operation , casino gambling operation, or |
4 | | electronic gaming facility as authorized under the Illinois |
5 | | Riverboat Gambling Act is exempt from
seizure under this |
6 | | Section.
|
7 | | (f) Any gambling equipment, devices and supplies provided |
8 | | by a licensed
supplier in accordance with the Illinois |
9 | | Riverboat Gambling Act which are removed
from a the riverboat , |
10 | | casino, or electronic gaming facility for repair are exempt |
11 | | from seizure under this Section.
|
12 | | (g) The following video gaming terminals are exempt from |
13 | | seizure under this Section: |
14 | | (1) Video gaming terminals for sale to a licensed |
15 | | distributor or operator under the Video Gaming Act. |
16 | | (2) Video gaming terminals used to train licensed |
17 | | technicians or licensed terminal handlers. |
18 | | (3) Video gaming terminals that are removed from a |
19 | | licensed establishment, licensed truck stop establishment,
|
20 | | licensed
fraternal establishment, or licensed veterans |
21 | | establishment for repair. |
22 | | (Source: P.A. 98-31, eff. 6-24-13.)
|
23 | | (Text of Section after amendment by P.A. 100-512 )
|
24 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
|
25 | | (a) Every device designed for gambling which is incapable |
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1 | | of lawful use
or every device used unlawfully for gambling |
2 | | shall be considered a
"gambling device", and shall be subject |
3 | | to seizure, confiscation and
destruction by the Department of |
4 | | State Police or by any municipal, or other
local authority, |
5 | | within whose jurisdiction the same may be found. As used
in |
6 | | this Section, a "gambling device" includes any slot machine, |
7 | | and
includes any machine or device constructed for the |
8 | | reception of money or
other thing of value and so constructed |
9 | | as to return, or to cause someone
to return, on chance to the |
10 | | player thereof money, property or a right to
receive money or |
11 | | property. With the exception of any device designed for
|
12 | | gambling which is incapable of lawful use, no gambling device |
13 | | shall be
forfeited or destroyed unless an individual with a |
14 | | property interest in
said device knows of the unlawful use of |
15 | | the device.
|
16 | | (b) Every gambling device shall be seized and forfeited to |
17 | | the county
wherein such seizure occurs. Any money or other |
18 | | thing of value integrally
related to acts of gambling shall be |
19 | | seized and forfeited to the county
wherein such seizure occurs.
|
20 | | (c) If, within 60 days after any seizure pursuant to |
21 | | subparagraph
(b) of this Section, a person having any property |
22 | | interest in the seized
property is charged with an offense, the |
23 | | court which renders judgment
upon such charge shall, within 30 |
24 | | days after such judgment, conduct a
forfeiture hearing to |
25 | | determine whether such property was a gambling device
at the |
26 | | time of seizure. Such hearing shall be commenced by a written
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1 | | petition by the State, including material allegations of fact, |
2 | | the name
and address of every person determined by the State to |
3 | | have any property
interest in the seized property, a |
4 | | representation that written notice of
the date, time and place |
5 | | of such hearing has been mailed to every such
person by |
6 | | certified mail at least 10 days before such date, and a
request |
7 | | for forfeiture. Every such person may appear as a party and
|
8 | | present evidence at such hearing. The quantum of proof required |
9 | | shall
be a preponderance of the evidence, and the burden of |
10 | | proof shall be on
the State. If the court determines that the |
11 | | seized property was
a gambling device at the time of seizure, |
12 | | an order of forfeiture and
disposition of the seized property |
13 | | shall be entered: a gambling device
shall be received by the |
14 | | State's Attorney, who shall effect its
destruction, except that |
15 | | valuable parts thereof may be liquidated and
the resultant |
16 | | money shall be deposited in the general fund of the county
|
17 | | wherein such seizure occurred; money and other things of value |
18 | | shall be
received by the State's Attorney and, upon |
19 | | liquidation, shall be
deposited in the general fund of the |
20 | | county wherein such seizure
occurred. However, in the event |
21 | | that a defendant raises the defense
that the seized slot |
22 | | machine is an antique slot machine described in
subparagraph |
23 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
24 | | from the charge of a gambling activity participant, the seized
|
25 | | antique slot machine shall not be destroyed or otherwise |
26 | | altered until a
final determination is made by the Court as to |
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1 | | whether it is such an
antique slot machine. Upon a final |
2 | | determination by the Court of this
question in favor of the |
3 | | defendant, such slot machine shall be
immediately returned to |
4 | | the defendant. Such order of forfeiture and
disposition shall, |
5 | | for the purposes of appeal, be a final order and
judgment in a |
6 | | civil proceeding.
|
7 | | (d) If a seizure pursuant to subparagraph (b) of this |
8 | | Section is not
followed by a charge pursuant to subparagraph |
9 | | (c) of this Section, or if
the prosecution of such charge is |
10 | | permanently terminated or indefinitely
discontinued without |
11 | | any judgment of conviction or acquittal (1) the
State's |
12 | | Attorney shall commence an in rem proceeding for the forfeiture
|
13 | | and destruction of a gambling device, or for the forfeiture and |
14 | | deposit
in the general fund of the county of any seized money |
15 | | or other things of
value, or both, in the circuit court and (2) |
16 | | any person having any
property interest in such seized gambling |
17 | | device, money or other thing
of value may commence separate |
18 | | civil proceedings in the manner provided
by law.
|
19 | | (e) Any gambling device displayed for sale to a riverboat |
20 | | gambling
operation , casino gambling operation, or electronic |
21 | | gaming facility or used to train occupational licensees of a |
22 | | riverboat gambling
operation , casino gambling operation, or |
23 | | electronic gaming facility as authorized under the Illinois |
24 | | Riverboat Gambling Act is exempt from
seizure under this |
25 | | Section.
|
26 | | (f) Any gambling equipment, devices and supplies provided |
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1 | | by a licensed
supplier in accordance with the Illinois |
2 | | Riverboat Gambling Act which are removed
from a the riverboat , |
3 | | casino, or electronic gaming facility for repair are exempt |
4 | | from seizure under this Section.
|
5 | | (g) The following video gaming terminals are exempt from |
6 | | seizure under this Section: |
7 | | (1) Video gaming terminals for sale to a licensed |
8 | | distributor or operator under the Video Gaming Act. |
9 | | (2) Video gaming terminals used to train licensed |
10 | | technicians or licensed terminal handlers. |
11 | | (3) Video gaming terminals that are removed from a |
12 | | licensed establishment, licensed truck stop establishment,
|
13 | | licensed
fraternal establishment, or licensed veterans |
14 | | establishment for repair. |
15 | | (h) Property seized or forfeited under this Section is |
16 | | subject to reporting under the Seizure and Forfeiture Reporting |
17 | | Act. |
18 | | (Source: P.A. 100-512, eff. 7-1-18.)
|
19 | | (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
|
20 | | Sec. 28-7. Gambling contracts void.
|
21 | | (a) All promises, notes, bills, bonds, covenants, |
22 | | contracts, agreements,
judgments, mortgages, or other |
23 | | securities or conveyances made, given,
granted, drawn, or |
24 | | entered into, or executed by any person whatsoever,
where the |
25 | | whole or any part of the consideration thereof is for any
money |
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1 | | or thing of value, won or obtained in violation of any Section |
2 | | of
this Article are null and void.
|
3 | | (b) Any obligation void under this Section may be set aside |
4 | | and vacated
by any court of competent jurisdiction, upon a |
5 | | complaint filed for that
purpose, by the person so granting, |
6 | | giving, entering into, or executing the
same, or by his |
7 | | executors or administrators, or by any creditor, heir,
legatee, |
8 | | purchaser or other person interested therein; or if a judgment,
|
9 | | the same may be set aside on motion of any person stated above, |
10 | | on due
notice thereof given.
|
11 | | (c) No assignment of any obligation void under this Section |
12 | | may in any
manner affect the defense of the person giving, |
13 | | granting, drawing, entering
into or executing such obligation, |
14 | | or the remedies of any person interested
therein.
|
15 | | (d) This Section shall not prevent a licensed owner of a |
16 | | riverboat
gambling operation , casino gambling operation, or an |
17 | | electronic gaming licensee under the Illinois Gambling
Act and |
18 | | the Illinois Horse Racing Act of 1975 from instituting a cause |
19 | | of
action to collect any amount due and owing under an |
20 | | extension of credit to a
riverboat gambling patron as |
21 | | authorized under Section 11.1 of the Illinois
Riverboat |
22 | | Gambling Act.
|
23 | | (Source: P.A. 87-826.)
|
24 | | Section 90-55. The Eminent Domain Act is amended by adding |
25 | | Section 15-5-48 as follows:
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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 |
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1 | | to command the confidence of the public
and to warrant the |
2 | | belief that the business will be operated lawfully and
|
3 | | fairly and within the provisions and purposes of this Act; |
4 | | and
|
5 | | (2) that the applicant has submitted such other |
6 | | information as the
Secretary may deem necessary.
|
7 | | (c) A license shall be issued for no longer than one year, |
8 | | and no renewal
of a license may be provided if a licensee has |
9 | | substantially violated this
Act and has not cured the violation |
10 | | to the satisfaction of the Department.
|
11 | | (d) A licensee shall appoint, in writing, the Secretary as |
12 | | attorney-in-fact
upon whom all lawful process against the |
13 | | licensee may be served with the
same legal force and validity |
14 | | as if served on the licensee. A copy of the
written |
15 | | appointment, duly certified, shall be filed in the office of |
16 | | the
Secretary, and a copy thereof certified by the Secretary |
17 | | shall be sufficient
evidence to subject a licensee to |
18 | | jurisdiction in a court of law. This appointment shall remain |
19 | | in effect while any liability remains
outstanding in this State |
20 | | against the licensee. When summons is served upon
the Secretary |
21 | | as attorney-in-fact for a licensee, the Secretary shall |
22 | | immediately
notify the licensee by registered mail, enclosing |
23 | | the summons and specifying
the hour and day of service.
|
24 | | (e) A licensee must pay an annual fee of $1,000. In |
25 | | addition to the
license fee, the reasonable expense of any |
26 | | examination or hearing
by the Secretary under any provisions of |
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1 | | this Act shall be borne by
the licensee. If a licensee fails to |
2 | | renew its license by December 31,
its license
shall |
3 | | automatically expire; however, the Secretary, in his or her |
4 | | discretion,
may reinstate an expired license upon:
|
5 | | (1) payment of the annual fee within 30 days of the |
6 | | date of
expiration; and
|
7 | | (2) proof of good cause for failure to renew.
|
8 | | (f) Not more than one place of business shall be maintained |
9 | | under the
same license, but the Secretary may issue more than |
10 | | one license to the same
licensee upon compliance with all the |
11 | | provisions of this Act governing
issuance of a single license. |
12 | | The location, except those locations already in
existence as of |
13 | | June 1, 2005, may not be within one mile of a
horse race track |
14 | | subject to the Illinois Horse Racing Act of 1975,
within one |
15 | | mile of a facility at which gambling is conducted under the |
16 | | Illinois
Riverboat Gambling Act, within one mile of the |
17 | | location at which a
riverboat subject to the Illinois Riverboat |
18 | | Gambling Act docks, or within one mile of
any State of Illinois |
19 | | or United States military base or naval installation.
|
20 | | (g) No licensee shall conduct the business of making loans |
21 | | under this
Act within any office, suite, room, or place of |
22 | | business in which (1) any loans are offered or made under the |
23 | | Consumer Installment Loan Act other than title secured loans as |
24 | | defined in subsection (a) of Section 15 of the Consumer |
25 | | Installment Loan Act and governed by Title 38, Section 110.330 |
26 | | of the Illinois Administrative Code or (2) any other
business |
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1 | | is solicited or engaged in unless the other business is |
2 | | licensed by the Department or, in the opinion of the Secretary, |
3 | | the
other business would not be contrary to the best interests |
4 | | of consumers and
is authorized by the Secretary in writing.
|
5 | | (g-5) Notwithstanding subsection (g) of this Section, a |
6 | | licensee may obtain a license under the Consumer Installment |
7 | | Loan Act (CILA) for the exclusive purpose and use of making |
8 | | title secured loans, as defined in subsection (a) of Section 15 |
9 | | of CILA and governed by Title 38, Section 110.300 of the |
10 | | Illinois Administrative Code. A licensee may continue to |
11 | | service Consumer Installment Loan Act loans that were |
12 | | outstanding as of the effective date of this amendatory Act of |
13 | | the 96th General Assembly. |
14 | | (h) The Secretary shall maintain a list of licensees that |
15 | | shall be
available to interested consumers and lenders and the |
16 | | public. The Secretary
shall maintain a toll-free number whereby |
17 | | consumers may obtain
information about licensees. The |
18 | | Secretary shall also establish a complaint
process under which |
19 | | an aggrieved consumer
may file a complaint against a licensee |
20 | | or non-licensee who violates any
provision of this Act.
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21 | | (Source: P.A. 96-936, eff. 3-21-11 .)
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22 | | Section 90-65. The Travel Promotion Consumer Protection |
23 | | Act is amended by changing Section 2 as follows:
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24 | | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
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1 | | Sec. 2. Definitions.
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2 | | (a) "Travel promoter" means a person, including a tour |
3 | | operator, who sells,
provides, furnishes, contracts for, |
4 | | arranges or advertises that he or she will
arrange wholesale or |
5 | | retail transportation by air, land, sea or navigable
stream, |
6 | | either separately or in conjunction with other services. |
7 | | "Travel
promoter" does not include (1) an air carrier; (2) a |
8 | | sea carrier; (3) an
officially appointed agent of an air |
9 | | carrier who is a member in good standing
of the Airline |
10 | | Reporting Corporation; (4) a travel promoter who has in
force |
11 | | $1,000,000 or more of liability insurance coverage for |
12 | | professional
errors and omissions and a surety bond or |
13 | | equivalent surety in the amount of
$100,000 or more for the |
14 | | benefit of consumers in the event of a bankruptcy on
the part |
15 | | of the travel promoter; or (5) a riverboat subject to |
16 | | regulation under
the Illinois Riverboat Gambling Act.
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17 | | (b) "Advertise" means to make any representation in the |
18 | | solicitation of
passengers and includes communication with |
19 | | other members of the same
partnership, corporation, joint |
20 | | venture, association, organization, group or
other entity.
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21 | | (c) "Passenger" means a person on whose behalf money or |
22 | | other
consideration has been given or is to be given to |
23 | | another, including
another member of the same partnership, |
24 | | corporation, joint venture,
association, organization, group |
25 | | or other entity, for travel.
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26 | | (d) "Ticket or voucher" means a writing or combination of |
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1 | | writings which
is itself good and sufficient to obtain
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2 | | transportation and other services for which the passenger has |
3 | | contracted.
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4 | | (Source: P.A. 91-357, eff. 7-29-99.)
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5 | | (30 ILCS 105/5.490 rep.) |
6 | | Section 90-70. The State Finance Act is amended by |
7 | | repealing Section 5.490.
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8 | | (230 ILCS 5/54 rep.) |
9 | | Section 90-75. The Illinois Horse Racing Act of 1975 is |
10 | | amended by repealing Section 54.
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11 | | ARTICLE 99.
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12 | | Section 99-95. No acceleration or delay. Where this Act |
13 | | makes changes in a statute that is represented in this Act by |
14 | | text that is not yet or no longer in effect (for example, a |
15 | | Section represented by multiple versions), the use of that text |
16 | | does not accelerate or delay the taking effect of (i) the |
17 | | changes made by this Act or (ii) provisions derived from any |
18 | | other Public Act.
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19 | | Section 99-97. Severability. The provisions of this Act are |
20 | | severable under Section 1.31 of the Statute on Statutes.
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21 | | Section 99-99. Effective date. This Act takes effect upon |
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1 | | becoming law. |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | New Act | | | 4 | | 5 ILCS 430/5-45 | | | 5 | | 20 ILCS 301/5-20 | | | 6 | | 20 ILCS 605/605-530 new | | | 7 | | 20 ILCS 605/605-535 new | | | 8 | | 20 ILCS 1605/9.1 | | | 9 | | 20 ILCS 2505/2505-305 | was 20 ILCS 2505/39b15.1 | | 10 | | 30 ILCS 5/3-1 | from Ch. 15, par. 303-1 | | 11 | | 30 ILCS 105/5.886 new | | | 12 | | 30 ILCS 105/5.887 new | | | 13 | | 30 ILCS 105/5.888 new | | | 14 | | 30 ILCS 105/6z-45 | | | 15 | | 30 ILCS 105/6z-105 new | | | 16 | | 35 ILCS 5/201 | from Ch. 120, par. 2-201 | | 17 | | 35 ILCS 5/303 | from Ch. 120, par. 3-303 | | 18 | | 35 ILCS 5/304 | from Ch. 120, par. 3-304 | | 19 | | 35 ILCS 5/710 | from Ch. 120, par. 7-710 | | 20 | | 35 ILCS 200/15-144 new | | | 21 | | 65 ILCS 5/8-10-2.6 new | | | 22 | | 70 ILCS 1825/5.1 | from Ch. 19, par. 255.1 | | 23 | | 205 ILCS 670/12.5 | | | 24 | | 230 ILCS 5/1.2 | | | 25 | | 230 ILCS 5/3.11 | from Ch. 8, par. 37-3.11 | |
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| 1 | | 230 ILCS 5/3.12 | from Ch. 8, par. 37-3.12 | | 2 | | 230 ILCS 5/3.31 new | | | 3 | | 230 ILCS 5/3.32 new | | | 4 | | 230 ILCS 5/3.33 new | | | 5 | | 230 ILCS 5/3.35 new | | | 6 | | 230 ILCS 5/3.36 new | | | 7 | | 230 ILCS 5/6 | from Ch. 8, par. 37-6 | | 8 | | 230 ILCS 5/9 | from Ch. 8, par. 37-9 | | 9 | | 230 ILCS 5/15 | from Ch. 8, par. 37-15 | | 10 | | 230 ILCS 5/18 | from Ch. 8, par. 37-18 | | 11 | | 230 ILCS 5/19 | from Ch. 8, par. 37-19 | | 12 | | 230 ILCS 5/20 | from Ch. 8, par. 37-20 | | 13 | | 230 ILCS 5/21 | from Ch. 8, par. 37-21 | | 14 | | 230 ILCS 5/24 | from Ch. 8, par. 37-24 | | 15 | | 230 ILCS 5/25 | from Ch. 8, par. 37-25 | | 16 | | 230 ILCS 5/26 | from Ch. 8, par. 37-26 | | 17 | | 230 ILCS 5/26.8 | | | 18 | | 230 ILCS 5/26.9 | | | 19 | | 230 ILCS 5/27 | from Ch. 8, par. 37-27 | | 20 | | 230 ILCS 5/30 | from Ch. 8, par. 37-30 | | 21 | | 230 ILCS 5/30.5 | | | 22 | | 230 ILCS 5/31 | from Ch. 8, par. 37-31 | | 23 | | 230 ILCS 5/32.1 | | | 24 | | 230 ILCS 5/34.3 new | | | 25 | | 230 ILCS 5/36 | from Ch. 8, par. 37-36 | | 26 | | 230 ILCS 5/40 | from Ch. 8, par. 37-40 | |
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| 1 | | 230 ILCS 5/54.75 | | | 2 | | 230 ILCS 5/56 new | | | 3 | | 230 ILCS 10/1 | from Ch. 120, par. 2401 | | 4 | | 230 ILCS 10/2 | from Ch. 120, par. 2402 | | 5 | | 230 ILCS 10/3 | from Ch. 120, par. 2403 | | 6 | | 230 ILCS 10/4 | from Ch. 120, par. 2404 | | 7 | | 230 ILCS 10/5 | from Ch. 120, par. 2405 | | 8 | | 230 ILCS 10/5.1 | from Ch. 120, par. 2405.1 | | 9 | | 230 ILCS 10/5.3 new | | | 10 | | 230 ILCS 10/6 | from Ch. 120, par. 2406 | | 11 | | 230 ILCS 10/7 | from Ch. 120, par. 2407 | | 12 | | 230 ILCS 10/7.3 | | | 13 | | 230 ILCS 10/7.5 | | | 14 | | 230 ILCS 10/7.7 new | | | 15 | | 230 ILCS 10/7.8 new | | | 16 | | 230 ILCS 10/7.9 new | | | 17 | | 230 ILCS 10/7.10 new | | | 18 | | 230 ILCS 10/7.11 new | | | 19 | | 230 ILCS 10/7.12 new | | | 20 | | 230 ILCS 10/7.13 new | | | 21 | | 230 ILCS 10/8 | from Ch. 120, par. 2408 | | 22 | | 230 ILCS 10/9 | from Ch. 120, par. 2409 | | 23 | | 230 ILCS 10/11 | from Ch. 120, par. 2411 | | 24 | | 230 ILCS 10/11.1 | from Ch. 120, par. 2411.1 | | 25 | | 230 ILCS 10/12 | from Ch. 120, par. 2412 | | 26 | | 230 ILCS 10/13 | from Ch. 120, par. 2413 | |
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| 1 | | 230 ILCS 10/14 | from Ch. 120, par. 2414 | | 2 | | 230 ILCS 10/15 | from Ch. 120, par. 2415 | | 3 | | 230 ILCS 10/16 | from Ch. 120, par. 2416 | | 4 | | 230 ILCS 10/17 | from Ch. 120, par. 2417 | | 5 | | 230 ILCS 10/17.1 | from Ch. 120, par. 2417.1 | | 6 | | 230 ILCS 10/18 | from Ch. 120, par. 2418 | | 7 | | 230 ILCS 10/18.1 | | | 8 | | 230 ILCS 10/19 | from Ch. 120, par. 2419 | | 9 | | 230 ILCS 10/20 | from Ch. 120, par. 2420 | | 10 | | 230 ILCS 10/21 | from Ch. 120, par. 2421 | | 11 | | 230 ILCS 10/23 | from Ch. 120, par. 2423 | | 12 | | 230 ILCS 10/24 | | | 13 | | 230 ILCS 10/25 new | | | 14 | | 230 ILCS 40/5 | | | 15 | | 230 ILCS 40/20 | | | 16 | | 230 ILCS 40/25 | | | 17 | | 230 ILCS 40/45 | | | 18 | | 230 ILCS 40/79 | | | 19 | | 230 ILCS 40/80 | | | 20 | | 230 ILCS 40/90 new | | | 21 | | 235 ILCS 5/5-1 | from Ch. 43, par. 115 | | 22 | | 235 ILCS 5/6-30 | from Ch. 43, par. 144f | | 23 | | 305 ILCS 5/10-17.15 | | | 24 | | 430 ILCS 66/65 | | | 25 | | 720 ILCS 5/28-1 | from Ch. 38, par. 28-1 | | 26 | | 720 ILCS 5/28-1.1 | from Ch. 38, par. 28-1.1 | |
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