Full Text of HB1921 94th General Assembly
HB1921ham005 94TH GENERAL ASSEMBLY
|
Rep. Lou Lang
Filed: 5/28/2005
|
|
09400HB1921ham005 |
|
LRB094 02932 AMC 47348 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1921
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1921 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Executive Reorganization Implementation | 5 |
| Act is amended by changing Section 3.1 as follows:
| 6 |
| (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
| 7 |
| Sec. 3.1. "Agency directly responsible to the Governor" or | 8 |
| "agency" means
any office, officer, division, or part thereof,
| 9 |
| and any other office, nonelective officer, department, | 10 |
| division, bureau,
board, or commission in the executive branch | 11 |
| of State government,
except that it does not apply to any | 12 |
| agency whose primary function is service
to the General | 13 |
| Assembly or the Judicial Branch of State government, or to
any | 14 |
| agency administered by the Attorney General, Secretary of | 15 |
| State, State
Comptroller or State Treasurer. In addition the | 16 |
| term does not apply to
the following agencies created by law | 17 |
| with the primary responsibility of
exercising regulatory
or | 18 |
| adjudicatory functions independently of the Governor:
| 19 |
| (1) the State Board of Elections;
| 20 |
| (2) the State Board of Education;
| 21 |
| (3) the Illinois Commerce Commission;
| 22 |
| (4) the Illinois Workers' Compensation
Commission;
| 23 |
| (5) the Civil Service Commission;
| 24 |
| (6) the Fair Employment Practices Commission;
|
|
|
|
09400HB1921ham005 |
- 2 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| (7) the Pollution Control Board;
| 2 |
| (8) the Department of State Police Merit Board ; | 3 |
| (9) The Illinois Gaming Board .
| 4 |
| (Source: P.A. 93-721, eff. 1-1-05.)
| 5 |
| Section 10. The Riverboat Gambling Act is amended by | 6 |
| changing Sections 4, 5, and 13 and by adding Section 5.2 as | 7 |
| follows:
| 8 |
| (230 ILCS 10/4) (from Ch. 120, par. 2404)
| 9 |
| Sec. 4. Definitions. As used in this Act:
| 10 |
| (a) "Board" means the Illinois Gaming Board.
| 11 |
| (b) "Occupational license" means a license issued by the | 12 |
| Board to a
person or entity to perform an occupation which the | 13 |
| Board has identified as
requiring a license to engage in | 14 |
| riverboat gambling in Illinois.
| 15 |
| (c) "Gambling game" includes, but is not limited to, | 16 |
| baccarat,
twenty-one, poker, craps, slot machine, video game of | 17 |
| chance, roulette
wheel, klondike table, punchboard, faro | 18 |
| layout, keno layout, numbers
ticket, push card, jar ticket, or | 19 |
| pull tab which is authorized by the Board
as a wagering device | 20 |
| under this Act.
| 21 |
| (d) "Riverboat" means a self-propelled excursion boat, a
| 22 |
| permanently moored barge, or permanently moored barges that are | 23 |
| permanently
fixed together to operate as one vessel, on which | 24 |
| lawful gambling is
authorized and licensed as
provided in this | 25 |
| Act.
| 26 |
| (e) "Managers license" means a license issued by the Board | 27 |
| to a person or
entity
to manage gambling operations conducted | 28 |
| by the State pursuant to Section 7.3
7.2 .
| 29 |
| (f) "Dock" means the location where a riverboat moors for | 30 |
| the purpose of
embarking passengers for and disembarking | 31 |
| passengers from the riverboat.
| 32 |
| (g) "Gross receipts" means the total amount of money |
|
|
|
09400HB1921ham005 |
- 3 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| exchanged for the
purchase of chips, tokens or electronic cards | 2 |
| by riverboat patrons.
| 3 |
| (h) "Adjusted gross receipts" means the gross receipts less
| 4 |
| winnings paid to wagerers.
| 5 |
| (i) "Cheat" means to alter the selection of criteria which | 6 |
| determine the
result of a gambling game or the amount or | 7 |
| frequency of payment in a gambling
game.
| 8 |
| (j) (Blank).
"Department" means the Department of Revenue.
| 9 |
| (k) "Gambling operation" means the conduct of authorized | 10 |
| gambling games
upon a riverboat.
| 11 |
| (l) "License bid" means the lump sum amount of money that | 12 |
| an applicant
bids and agrees to pay the State in return for an | 13 |
| owners license that is
re-issued on or after July 1, 2003.
| 14 |
| (m) The terms "minority person" and "female" shall have the | 15 |
| same meaning
as
defined in
Section 2 of the Business Enterprise | 16 |
| for Minorities, Females, and Persons with
Disabilities Act.
| 17 |
| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | 18 |
| revisory 1-28-04.)
| 19 |
| (230 ILCS 10/5) (from Ch. 120, par. 2405)
| 20 |
| Sec. 5. Gaming Board.
| 21 |
| (a) (1) There is hereby established the
within the | 22 |
| Department of Revenue an
Illinois Gaming Board , which shall | 23 |
| have the powers and duties specified in
this Act, and all other | 24 |
| powers necessary and proper to fully and
effectively execute | 25 |
| this Act for the purpose of administering, regulating,
and | 26 |
| enforcing the system of riverboat gambling established by this | 27 |
| Act. Its
jurisdiction shall extend under this Act to every | 28 |
| person, association,
corporation, partnership and trust | 29 |
| involved in riverboat gambling
operations in the State of | 30 |
| Illinois.
| 31 |
| (2) The Board shall consist of 5 members to be appointed by | 32 |
| the Governor
with the advice and consent of the Senate, one of | 33 |
| whom shall be designated
by the Governor to be chairman. Each |
|
|
|
09400HB1921ham005 |
- 4 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| member shall have a reasonable
knowledge of the practice, | 2 |
| procedure and principles of gambling operations.
Each member | 3 |
| shall either be a resident of Illinois or shall certify that he
| 4 |
| will become a resident of Illinois before taking office. At | 5 |
| least one member
shall be experienced in law enforcement and | 6 |
| criminal investigation, at
least one member shall be a | 7 |
| certified public accountant experienced in
accounting and | 8 |
| auditing, and at least one member shall be a lawyer licensed
to | 9 |
| practice law in Illinois.
| 10 |
| (3) The terms of office of the Board members shall be 3 | 11 |
| years, except
that the terms of office of the initial Board | 12 |
| members appointed pursuant to
this Act will commence from the | 13 |
| effective date of this Act and run as
follows: one for a term | 14 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 15 |
| a term ending July 1, 1993. Upon the expiration of the
| 16 |
| foregoing terms, the successors of such members shall serve a | 17 |
| term for 3
years and until their successors are appointed and | 18 |
| qualified for like terms.
Vacancies in the Board shall be | 19 |
| filled for the unexpired term in like
manner as original | 20 |
| appointments. Each member of the Board shall be
eligible for | 21 |
| reappointment at the discretion of the Governor with the
advice | 22 |
| and consent of the Senate.
| 23 |
| (4)
Each member of the Board shall receive $300 for each | 24 |
| day the
Board meets and for each day the member conducts any | 25 |
| hearing pursuant to
this Act. Each member of the Board shall | 26 |
| also be reimbursed for all actual
and necessary expenses and | 27 |
| disbursements incurred in the execution of official
duties.
| 28 |
| (5) No person shall be appointed a member of the Board or | 29 |
| continue to be
a member of the Board who is, or whose spouse, | 30 |
| child or parent is, a member
of the board of directors of, or a | 31 |
| person financially interested in, any
gambling operation | 32 |
| subject to the jurisdiction of this Board, or any race
track, | 33 |
| race meeting, racing association or the operations thereof | 34 |
| subject
to the jurisdiction of the Illinois Racing Board. No |
|
|
|
09400HB1921ham005 |
- 5 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| Board member shall
hold any other public office for which he | 2 |
| shall receive compensation other
than necessary travel or other | 3 |
| incidental expenses . No person shall be a
member of the Board | 4 |
| who is not of good moral character or who has been
convicted | 5 |
| of, or is under indictment for, a felony under the laws of
| 6 |
| Illinois or any other state, or the United States.
| 7 |
| (5.5) No member of the Board shall engage in any political | 8 |
| activity. For the purposes of this Section, "political" means | 9 |
| any activity in support
of or in connection with any campaign | 10 |
| for elective office or any political
organization, but does not | 11 |
| include activities (i) relating to the support or
opposition of | 12 |
| any executive, legislative, or administrative action (as those
| 13 |
| terms are defined in Section 2 of the Lobbyist Registration | 14 |
| Act), (ii) relating
to collective bargaining, or (iii) that are
| 15 |
| otherwise
in furtherance of the person's official
State duties | 16 |
| or governmental and public service functions.
| 17 |
| (6) Any member of the Board may be removed by the Governor | 18 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 19 |
| in office or for engaging in any political activity .
| 20 |
| (7) Before entering upon the discharge of the duties of his | 21 |
| office, each
member of the Board shall take an oath that he | 22 |
| will faithfully execute the
duties of his office according to | 23 |
| the laws of the State and the rules and
regulations adopted | 24 |
| therewith and shall give bond to the State of Illinois,
| 25 |
| approved by the Governor, in the sum of $25,000. Every such | 26 |
| bond, when
duly executed and approved, shall be recorded in the | 27 |
| office of the
Secretary of State. Whenever the Governor | 28 |
| determines that the bond of any
member of the Board has become | 29 |
| or is likely to become invalid or
insufficient, he shall | 30 |
| require such member forthwith to renew his bond,
which is to be | 31 |
| approved by the Governor. Any member of the Board who fails
to | 32 |
| take oath and give bond within 30 days from the date of his | 33 |
| appointment,
or who fails to renew his bond within 30 days | 34 |
| after it is demanded by the
Governor, shall be guilty of |
|
|
|
09400HB1921ham005 |
- 6 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| neglect of duty and may be removed by the
Governor. The cost of | 2 |
| any bond given by any member of the Board under this
Section | 3 |
| shall be taken to be a part of the necessary expenses of the | 4 |
| Board.
| 5 |
| (8) The
Upon the request of the Board , the Department shall | 6 |
| employ such
personnel as may be necessary to carry out its
the
| 7 |
| functions of the Board . No
person shall be employed to serve | 8 |
| the Board who is, or whose spouse, parent
or child is, an | 9 |
| official of, or has a financial interest in or financial
| 10 |
| relation with, any operator engaged in gambling operations | 11 |
| within this
State or any organization engaged in conducting | 12 |
| horse racing within this
State. Any employee violating these | 13 |
| prohibitions shall be subject to
termination of employment.
| 14 |
| (9) An Administrator shall perform any and all duties that | 15 |
| the Board
shall assign him. The salary of the Administrator | 16 |
| shall be determined by
the Board and approved by the Director | 17 |
| of the Department and, in addition,
he shall be reimbursed for | 18 |
| all actual and necessary expenses incurred by
him in discharge | 19 |
| of his official duties. The Administrator shall keep
records of | 20 |
| all proceedings of the Board and shall preserve all records,
| 21 |
| books, documents and other papers belonging to the Board or | 22 |
| entrusted to
its care. The Administrator shall devote his full | 23 |
| time to the duties of
the office and shall not hold any other | 24 |
| office or employment.
| 25 |
| (b) The Board shall have general responsibility for the | 26 |
| implementation
of this Act. Its duties include, without | 27 |
| limitation, the following:
| 28 |
| (1) To decide promptly and in reasonable order all | 29 |
| license applications.
Any party aggrieved by an action of | 30 |
| the Board denying, suspending,
revoking, restricting or | 31 |
| refusing to renew a license may request a hearing
before | 32 |
| the Board. A request for a hearing must be made to the | 33 |
| Board in
writing within 5 days after service of notice of | 34 |
| the action of the Board.
Notice of the action of the Board |
|
|
|
09400HB1921ham005 |
- 7 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| shall be served either by personal
delivery or by certified | 2 |
| mail, postage prepaid, to the aggrieved party.
Notice | 3 |
| served by certified mail shall be deemed complete on the | 4 |
| business
day following the date of such mailing. The Board | 5 |
| shall conduct all
requested hearings promptly and in | 6 |
| reasonable order;
| 7 |
| (2) To conduct all hearings pertaining to civil | 8 |
| violations of this Act
or rules and regulations promulgated | 9 |
| hereunder;
| 10 |
| (3) To promulgate such rules and regulations as in its | 11 |
| judgment may be
necessary to protect or enhance the | 12 |
| credibility and integrity of gambling
operations | 13 |
| authorized by this Act and the regulatory process | 14 |
| hereunder;
| 15 |
| (4) To provide for the establishment and collection of | 16 |
| all license and
registration fees and taxes imposed by this | 17 |
| Act and the rules and
regulations issued pursuant hereto. | 18 |
| All such fees and taxes shall be
deposited into the State | 19 |
| Gaming Fund;
| 20 |
| (5) To provide for the levy and collection of penalties | 21 |
| and fines for the
violation of provisions of this Act and | 22 |
| the rules and regulations
promulgated hereunder. All such | 23 |
| fines and penalties shall be deposited
into the Education | 24 |
| Assistance Fund, created by Public Act 86-0018, of the
| 25 |
| State of Illinois;
| 26 |
| (6) To be present through its inspectors and agents any | 27 |
| time gambling
operations are conducted on any riverboat for | 28 |
| the purpose of certifying the
revenue thereof, receiving | 29 |
| complaints from the public, and conducting such
other | 30 |
| investigations into the conduct of the gambling games and | 31 |
| the
maintenance of the equipment as from time to time the | 32 |
| Board may deem
necessary and proper;
| 33 |
| (7) To review and rule upon any complaint by a licensee
| 34 |
| regarding any investigative procedures of the State which |
|
|
|
09400HB1921ham005 |
- 8 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| are unnecessarily
disruptive of gambling operations. The | 2 |
| need to inspect and investigate
shall be presumed at all | 3 |
| times. The disruption of a licensee's operations
shall be | 4 |
| proved by clear and convincing evidence, and establish | 5 |
| that: (A)
the procedures had no reasonable law enforcement | 6 |
| purposes, and (B) the
procedures were so disruptive as to | 7 |
| unreasonably inhibit gambling operations;
| 8 |
| (8) To hold at least one meeting each quarter of the | 9 |
| fiscal
year. In addition, special meetings may be called by | 10 |
| the Chairman or any 2
Board members upon 72 hours written | 11 |
| notice to each member. All Board
meetings shall be subject | 12 |
| to the Open Meetings Act. Three members of the
Board shall | 13 |
| constitute a quorum, and 3 votes shall be required for any
| 14 |
| final determination by the Board. The Board shall keep a | 15 |
| complete and
accurate record of all its meetings. A | 16 |
| majority of the members of the Board
shall constitute a | 17 |
| quorum for the transaction of any business, for the
| 18 |
| performance of any duty, or for the exercise of any power | 19 |
| which this Act
requires the Board members to transact, | 20 |
| perform or exercise en banc, except
that, upon order of the | 21 |
| Board, one of the Board members or an
administrative law | 22 |
| judge designated by the Board may conduct any hearing
| 23 |
| provided for under this Act or by Board rule and may | 24 |
| recommend findings and
decisions to the Board. The Board | 25 |
| member or administrative law judge
conducting such hearing | 26 |
| shall have all powers and rights granted to the
Board in | 27 |
| this Act. The record made at the time of the hearing shall | 28 |
| be
reviewed by the Board, or a majority thereof, and the | 29 |
| findings and decision
of the majority of the Board shall | 30 |
| constitute the order of the Board in
such case;
| 31 |
| (9) To maintain records which are separate and distinct | 32 |
| from the records
of any other State board or commission. | 33 |
| Such records shall be available
for public inspection and | 34 |
| shall accurately reflect all Board proceedings;
|
|
|
|
09400HB1921ham005 |
- 9 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| (10) To file a written annual report with the Governor | 2 |
| on or before
March 1 each year and such additional reports | 3 |
| as the Governor may request.
The annual report shall | 4 |
| include a statement of receipts and disbursements
by the | 5 |
| Board, actions taken by the Board, and any additional | 6 |
| information
and recommendations which the Board may deem | 7 |
| valuable or which the Governor
may request;
| 8 |
| (11) (Blank); and
| 9 |
| (12) (Blank).
To assume responsibility for the | 10 |
| administration and
enforcement of the Bingo License and Tax | 11 |
| Act, the Charitable Games Act, and
the Pull Tabs and Jar | 12 |
| Games Act if such responsibility is delegated to it
by the | 13 |
| Director of Revenue.
| 14 |
| (c) The Board shall have jurisdiction over and shall | 15 |
| supervise all
gambling operations governed by this Act. The | 16 |
| Board shall have all powers
necessary and proper to fully and | 17 |
| effectively execute the provisions of
this Act, including, but | 18 |
| not limited to, the following:
| 19 |
| (1) To investigate applicants and determine the | 20 |
| eligibility of
applicants for licenses and to select among | 21 |
| competing applicants the
applicants which best serve the | 22 |
| interests of the citizens of Illinois.
| 23 |
| (2) To have jurisdiction and supervision over all | 24 |
| riverboat gambling
operations in this State and all persons | 25 |
| on riverboats where gambling
operations are conducted.
| 26 |
| (3) To promulgate rules and regulations for the purpose | 27 |
| of administering
the provisions of this Act and to | 28 |
| prescribe rules, regulations and
conditions under which | 29 |
| all riverboat gambling in the State shall be
conducted. | 30 |
| Such rules and regulations are to provide for the | 31 |
| prevention of
practices detrimental to the public interest | 32 |
| and for the best interests of
riverboat gambling, including | 33 |
| rules and regulations regarding the
inspection of such | 34 |
| riverboats and the review of any permits or licenses
|
|
|
|
09400HB1921ham005 |
- 10 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| necessary to operate a riverboat under any laws or | 2 |
| regulations applicable
to riverboats, and to impose | 3 |
| penalties for violations thereof.
| 4 |
| (4) To enter the office, riverboats, facilities, or | 5 |
| other
places of business of a licensee, where evidence of | 6 |
| the compliance or
noncompliance with the provisions of this | 7 |
| Act is likely to be found.
| 8 |
| (5) To investigate alleged violations of this Act or | 9 |
| the
rules of the Board and to take appropriate disciplinary
| 10 |
| action against a licensee or a holder of an occupational | 11 |
| license for a
violation, or institute appropriate legal | 12 |
| action for enforcement, or both.
| 13 |
| (6) To adopt standards for the licensing of all persons | 14 |
| under this Act,
as well as for electronic or mechanical | 15 |
| gambling games, and to establish
fees for such licenses.
| 16 |
| (7) To adopt appropriate standards for all riverboats
| 17 |
| and facilities.
| 18 |
| (8) To require that the records, including financial or | 19 |
| other statements
of any licensee under this Act, shall be | 20 |
| kept in such manner as prescribed
by the Board and that any | 21 |
| such licensee involved in the ownership or
management of | 22 |
| gambling operations submit to the Board an annual balance
| 23 |
| sheet and profit and loss statement, list of the | 24 |
| stockholders or other
persons having
a 1% or greater
| 25 |
| beneficial interest in the gambling
activities of each | 26 |
| licensee, and any other information the Board deems
| 27 |
| necessary in order to effectively administer this Act and | 28 |
| all rules,
regulations, orders and final decisions | 29 |
| promulgated under this Act.
| 30 |
| (9) To conduct hearings, issue subpoenas for the | 31 |
| attendance of
witnesses and subpoenas duces tecum for the | 32 |
| production of books, records
and other pertinent documents | 33 |
| in accordance with the Illinois
Administrative Procedure | 34 |
| Act, and to administer oaths and affirmations to
the |
|
|
|
09400HB1921ham005 |
- 11 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| witnesses, when, in the judgment of the Board, it is | 2 |
| necessary to
administer or enforce this Act or the Board | 3 |
| rules.
| 4 |
| (10) To prescribe a form to be used by any licensee | 5 |
| involved in the
ownership or management of gambling | 6 |
| operations as an
application for employment for their | 7 |
| employees.
| 8 |
| (11) To revoke or suspend licenses, as the Board may | 9 |
| see fit and in
compliance with applicable laws of the State | 10 |
| regarding administrative
procedures, and to review | 11 |
| applications for the renewal of licenses. The
Board may | 12 |
| suspend an owners license, without notice or hearing upon a
| 13 |
| determination that the safety or health of patrons or | 14 |
| employees is
jeopardized by continuing a riverboat's | 15 |
| operation. The suspension may
remain in effect until the | 16 |
| Board determines that the cause for suspension
has been | 17 |
| abated. The Board may revoke the owners license upon a
| 18 |
| determination that the owner has not made satisfactory | 19 |
| progress toward
abating the hazard.
| 20 |
| (12) To eject or exclude or authorize the ejection or | 21 |
| exclusion of, any
person from riverboat gambling | 22 |
| facilities where such person is in violation
of this Act, | 23 |
| rules and regulations thereunder, or final orders of the
| 24 |
| Board, or where such person's conduct or reputation is such | 25 |
| that his
presence within the riverboat gambling facilities | 26 |
| may, in the opinion of
the Board, call into question the | 27 |
| honesty and integrity of the gambling
operations or | 28 |
| interfere with orderly conduct thereof; provided that the
| 29 |
| propriety of such ejection or exclusion is subject to | 30 |
| subsequent hearing
by the Board.
| 31 |
| (13) To require all licensees of gambling operations to | 32 |
| utilize a
cashless wagering system whereby all players' | 33 |
| money is converted to tokens,
electronic cards, or chips | 34 |
| which shall be used only for wagering in the
gambling |
|
|
|
09400HB1921ham005 |
- 12 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| establishment.
| 2 |
| (14) (Blank).
| 3 |
| (15) To suspend, revoke or restrict licenses, to | 4 |
| require the
removal of a licensee or an employee of a | 5 |
| licensee for a violation of this
Act or a Board rule or for | 6 |
| engaging in a fraudulent practice, and to
impose civil | 7 |
| penalties of up to $5,000 against individuals and up to
| 8 |
| $10,000 or an amount equal to the daily gross receipts, | 9 |
| whichever is
larger, against licensees for each violation | 10 |
| of any provision of the Act,
any rules adopted by the | 11 |
| Board, any order of the Board or any other action
which, in | 12 |
| the Board's discretion, is a detriment or impediment to | 13 |
| riverboat
gambling operations.
| 14 |
| (16) To hire employees to gather information, conduct | 15 |
| investigations
and carry out any other tasks contemplated | 16 |
| under this Act.
| 17 |
| (17) To establish minimum levels of insurance to be | 18 |
| maintained by
licensees.
| 19 |
| (18) To authorize a licensee to sell or serve alcoholic | 20 |
| liquors, wine or
beer as defined in the Liquor Control Act | 21 |
| of 1934 on board a riverboat
and to have exclusive | 22 |
| authority to establish the hours for sale and
consumption | 23 |
| of alcoholic liquor on board a riverboat, notwithstanding | 24 |
| any
provision of the Liquor Control Act of 1934 or any | 25 |
| local ordinance, and
regardless of whether the riverboat | 26 |
| makes excursions. The
establishment of the hours for sale | 27 |
| and consumption of alcoholic liquor on
board a riverboat is | 28 |
| an exclusive power and function of the State. A home
rule | 29 |
| unit may not establish the hours for sale and consumption | 30 |
| of alcoholic
liquor on board a riverboat. This amendatory | 31 |
| Act of 1991 is a denial and
limitation of home rule powers | 32 |
| and functions under subsection (h) of
Section 6 of Article | 33 |
| VII of the Illinois Constitution.
| 34 |
| (19) After consultation with the U.S. Army Corps of |
|
|
|
09400HB1921ham005 |
- 13 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| Engineers, to
establish binding emergency orders upon the | 2 |
| concurrence of a majority of
the members of the Board | 3 |
| regarding the navigability of water, relative to
| 4 |
| excursions,
in the event
of extreme weather conditions, | 5 |
| acts of God or other extreme circumstances.
| 6 |
| (20) To delegate the execution of any of its powers | 7 |
| under this Act for
the purpose of administering and | 8 |
| enforcing this Act and its rules and
regulations hereunder.
| 9 |
| (20.5) To approve any contract entered into on its | 10 |
| behalf.
| 11 |
| (21) To take any other action as may be reasonable or | 12 |
| appropriate to
enforce this Act and rules and regulations | 13 |
| hereunder.
| 14 |
| (d) The Board may seek and shall receive the cooperation of | 15 |
| the
Department of State Police in conducting background | 16 |
| investigations of
applicants and in fulfilling its | 17 |
| responsibilities under
this Section. Costs incurred by the | 18 |
| Department of State Police as
a result of such cooperation | 19 |
| shall be paid by the Board in conformance
with the requirements | 20 |
| of Section 2605-400 of the Department of State Police Law
(20 | 21 |
| ILCS 2605/2605-400).
| 22 |
| (e) The Board must authorize to each investigator and to | 23 |
| any other
employee of the Board exercising the powers of a | 24 |
| peace officer a distinct badge
that, on its face, (i) clearly | 25 |
| states that the badge is authorized by the Board
and
(ii) | 26 |
| contains a unique identifying number. No other badge shall be | 27 |
| authorized
by the Board.
| 28 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | 29 |
| eff.
1-1-01.)
| 30 |
| (230 ILCS 10/5.2 new)
| 31 |
| Sec. 5.2. Separation from Department of Revenue. On the | 32 |
| effective date of this amendatory Act of the 94th General | 33 |
| Assembly, all of the powers, duties, assets, liabilities, |
|
|
|
09400HB1921ham005 |
- 14 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| employees, contracts, property, records, pending business, and | 2 |
| unexpended appropriations of the Department of Revenue related | 3 |
| to the administration and enforcement of this Act, except for | 4 |
| the powers, duties, assets, liabilities, employees, contracts, | 5 |
| property, records, pending business, and unexpended | 6 |
| appropriations related to investigators appointed to conduct | 7 |
| investigations, searches, seizures, arrests, and other duties | 8 |
| imposed under this Act, are transferred to the Illinois Gaming | 9 |
| Board. | 10 |
| The status and rights of the transferred employees, and the | 11 |
| rights of the State of Illinois and its agencies, under the | 12 |
| Personnel Code and applicable collective bargaining agreements | 13 |
| or under any pension, retirement, or annuity plan are not | 14 |
| affected by that transfer or by any other provision of this | 15 |
| amendatory Act of the 94th General Assembly.
| 16 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 17 |
| Sec. 13. Wagering tax; rate; distribution.
| 18 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 19 |
| gross
receipts received from gambling games authorized under | 20 |
| this Act at the rate of
20%.
| 21 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 22 |
| tax is
imposed on persons engaged in the business of conducting | 23 |
| riverboat gambling
operations, based on the adjusted gross | 24 |
| receipts received by a licensed owner
from gambling games | 25 |
| authorized under this Act at the following rates:
| 26 |
| 15% of annual adjusted gross receipts up to and | 27 |
| including $25,000,000;
| 28 |
| 20% of annual adjusted gross receipts in excess of | 29 |
| $25,000,000 but not
exceeding $50,000,000;
| 30 |
| 25% of annual adjusted gross receipts in excess of | 31 |
| $50,000,000 but not
exceeding $75,000,000;
| 32 |
| 30% of annual adjusted gross receipts in excess of | 33 |
| $75,000,000 but not
exceeding $100,000,000;
|
|
|
|
09400HB1921ham005 |
- 15 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| 35% of annual adjusted gross receipts in excess of | 2 |
| $100,000,000.
| 3 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 4 |
| is imposed on
persons engaged in the business of conducting | 5 |
| riverboat gambling operations,
other than licensed managers | 6 |
| conducting riverboat gambling operations on behalf
of the | 7 |
| State, based on the adjusted gross receipts received by a | 8 |
| licensed
owner from gambling games authorized under this Act at | 9 |
| the following rates:
| 10 |
| 15% of annual adjusted gross receipts up to and | 11 |
| including $25,000,000;
| 12 |
| 22.5% of annual adjusted gross receipts in excess of | 13 |
| $25,000,000 but not
exceeding $50,000,000;
| 14 |
| 27.5% of annual adjusted gross receipts in excess of | 15 |
| $50,000,000 but not
exceeding $75,000,000;
| 16 |
| 32.5% of annual adjusted gross receipts in excess of | 17 |
| $75,000,000 but not
exceeding $100,000,000;
| 18 |
| 37.5% of annual adjusted gross receipts in excess of | 19 |
| $100,000,000 but not
exceeding $150,000,000;
| 20 |
| 45% of annual adjusted gross receipts in excess of | 21 |
| $150,000,000 but not
exceeding $200,000,000;
| 22 |
| 50% of annual adjusted gross receipts in excess of | 23 |
| $200,000,000.
| 24 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 25 |
| persons engaged
in the business of conducting riverboat | 26 |
| gambling operations, other than
licensed managers conducting | 27 |
| riverboat gambling operations on behalf of the
State, based on | 28 |
| the adjusted gross receipts received by a licensed owner from
| 29 |
| gambling games authorized under this Act at the following | 30 |
| rates:
| 31 |
| 15% of annual adjusted gross receipts up to and | 32 |
| including $25,000,000;
| 33 |
| 27.5% of annual adjusted gross receipts in excess of | 34 |
| $25,000,000 but not
exceeding $37,500,000;
|
|
|
|
09400HB1921ham005 |
- 16 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| 32.5% of annual adjusted gross receipts in excess of | 2 |
| $37,500,000 but not
exceeding $50,000,000;
| 3 |
| 37.5% of annual adjusted gross receipts in excess of | 4 |
| $50,000,000 but not
exceeding $75,000,000;
| 5 |
| 45% of annual adjusted gross receipts in excess of | 6 |
| $75,000,000 but not
exceeding $100,000,000;
| 7 |
| 50% of annual adjusted gross receipts in excess of | 8 |
| $100,000,000 but not
exceeding $250,000,000;
| 9 |
| 70% of annual adjusted gross receipts in excess of | 10 |
| $250,000,000.
| 11 |
| An amount equal to the amount of wagering taxes collected | 12 |
| under this
subsection (a-3) that are in addition to the amount | 13 |
| of wagering taxes that
would have been collected if the | 14 |
| wagering tax rates under subsection (a-2)
were in effect shall | 15 |
| be paid into the Common School Fund.
| 16 |
| The privilege tax imposed under this subsection (a-3) shall | 17 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 18 |
| 2005; (ii) the first date
after June 20, 2003
the effective | 19 |
| date of this amendatory Act of the
93rd General Assembly that | 20 |
| riverboat gambling operations are conducted
pursuant to a | 21 |
| dormant license; or (iii) the first day that riverboat gambling
| 22 |
| operations are conducted under the authority of an owners | 23 |
| license that is in
addition to the 10 owners licenses initially | 24 |
| authorized under this Act.
For the purposes of this subsection | 25 |
| (a-3), the term "dormant license"
means an owners license that | 26 |
| is authorized by this Act under which no
riverboat gambling | 27 |
| operations are being conducted on June 20, 2003
the effective | 28 |
| date of this amendatory Act of the 93rd General Assembly .
| 29 |
| (a-4) Beginning on the first day on which the tax imposed | 30 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 31 |
| imposed on persons
engaged in the business of conducting | 32 |
| riverboat gambling operations, other
than licensed managers | 33 |
| conducting riverboat gambling operations on behalf of
the | 34 |
| State, based on the adjusted gross receipts received by a |
|
|
|
09400HB1921ham005 |
- 17 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| licensed owner
from gambling games authorized under this Act at | 2 |
| the following rates:
| 3 |
| 15% of annual adjusted gross receipts up to and | 4 |
| including $25,000,000;
| 5 |
| 22.5% of annual adjusted gross receipts in excess of | 6 |
| $25,000,000 but not
exceeding $50,000,000;
| 7 |
| 27.5% of annual adjusted gross receipts in excess of | 8 |
| $50,000,000 but not
exceeding $75,000,000;
| 9 |
| 32.5% of annual adjusted gross receipts in excess of | 10 |
| $75,000,000 but not
exceeding $100,000,000;
| 11 |
| 37.5% of annual adjusted gross receipts in excess of | 12 |
| $100,000,000 but not
exceeding $150,000,000;
| 13 |
| 45% of annual adjusted gross receipts in excess of | 14 |
| $150,000,000 but not
exceeding $200,000,000;
| 15 |
| 50% of annual adjusted gross receipts in excess of | 16 |
| $200,000,000.
| 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-10) The taxes imposed by this Section shall be paid by | 21 |
| the licensed
owner to the Board not later than 3:00 o'clock | 22 |
| p.m. of the day after the day
when the wagers were made.
| 23 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited | 24 |
| in the State
Gaming Fund under this Section shall be paid, | 25 |
| subject to appropriation by the
General Assembly, to the unit | 26 |
| of local government which is designated as the
home dock of the | 27 |
| riverboat. Beginning January 1, 1998, from the tax revenue
| 28 |
| deposited in the State Gaming Fund under this Section, an | 29 |
| amount equal to 5% of
adjusted gross receipts generated by a | 30 |
| riverboat shall be paid monthly, subject
to appropriation by | 31 |
| the General Assembly, to the unit of local government that
is | 32 |
| designated as the home dock of the riverboat. From the tax | 33 |
| revenue
deposited in the State Gaming Fund pursuant to | 34 |
| riverboat gambling operations
conducted by a licensed manager |
|
|
|
09400HB1921ham005 |
- 18 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| on behalf of the State, an amount equal to 5%
of adjusted gross | 2 |
| receipts generated pursuant to those riverboat gambling
| 3 |
| operations shall be paid monthly,
subject to appropriation by | 4 |
| the General Assembly, to the unit of local
government that is | 5 |
| designated as the home dock of the riverboat upon which
those | 6 |
| riverboat gambling operations are conducted.
| 7 |
| (c) Appropriations, as approved by the General Assembly, | 8 |
| may be made
from the State Gaming Fund to the Board (i)
| 9 |
| Department of Revenue and the Department
of State Police for | 10 |
| the administration and enforcement of this Act, (ii) for | 11 |
| distribution to the Department of Revenue and the Department of | 12 |
| State Police for the enforcement of this Act, and (iii) for | 13 |
| distribution
or to the
Department of Human Services for the | 14 |
| administration of programs to treat
problem gambling.
| 15 |
| (c-5) After the payments required under subsections (b) and | 16 |
| (c) have been
made, an amount equal to 15% of the adjusted | 17 |
| gross receipts of (1) an owners
licensee that relocates | 18 |
| pursuant to Section 11.2,
(2) an owners licensee
license
| 19 |
| conducting riverboat gambling operations
pursuant to an
owners | 20 |
| license that is initially issued after June
25, 1999,
or (3) | 21 |
| the first
riverboat gambling operations conducted by a licensed | 22 |
| manager on behalf of the
State under Section 7.3
7.2 ,
whichever | 23 |
| comes first, shall be paid from the State
Gaming Fund into the | 24 |
| Horse Racing Equity Fund.
| 25 |
| (c-10) Each year the General Assembly shall appropriate | 26 |
| from the General
Revenue Fund to the Education Assistance Fund | 27 |
| an amount equal to the amount
paid into the Horse Racing Equity | 28 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 29 |
| (c-15) After the payments required under subsections (b), | 30 |
| (c), and (c-5)
have been made, an amount equal to 2% of the | 31 |
| adjusted gross receipts of (1)
an owners licensee that | 32 |
| relocates pursuant to Section 11.2, (2) an owners
licensee | 33 |
| conducting riverboat gambling operations pursuant to
an
owners | 34 |
| license that is initially issued after June 25, 1999,
or (3) |
|
|
|
09400HB1921ham005 |
- 19 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| the first
riverboat gambling operations conducted by a licensed | 2 |
| manager on behalf of the
State under Section 7.3
7.2 ,
whichever | 3 |
| comes first, shall be paid, subject to appropriation
from the | 4 |
| General Assembly, from the State Gaming Fund to each home rule
| 5 |
| county with a population of over 3,000,000 inhabitants for the | 6 |
| purpose of
enhancing the county's criminal justice system.
| 7 |
| (c-20) Each year the General Assembly shall appropriate | 8 |
| from the General
Revenue Fund to the Education Assistance Fund | 9 |
| an amount equal to the amount
paid to each home rule county | 10 |
| with a population of over 3,000,000 inhabitants
pursuant to | 11 |
| subsection (c-15) in the prior calendar year.
| 12 |
| (c-25) After the payments required under subsections (b), | 13 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 14 |
| the
adjusted gross receipts of (1) an owners licensee
license
| 15 |
| that
relocates pursuant to Section 11.2, (2) an
owners
licensee
| 16 |
| license conducting riverboat gambling operations pursuant to
| 17 |
| an
owners license
that is initially issued after June 25, 1999,
| 18 |
| or (3) the first
riverboat gambling operations conducted by a | 19 |
| licensed manager on behalf of the
State under Section 7.3
7.2 ,
| 20 |
| whichever
comes first,
shall be paid from the State
Gaming Fund | 21 |
| to Chicago State University.
| 22 |
| (d) From time to time, the
Board shall transfer the | 23 |
| remainder of the funds
generated by this Act into the Education
| 24 |
| Assistance Fund, created by Public Act 86-0018, of the State of | 25 |
| Illinois.
| 26 |
| (e) Nothing in this Act shall prohibit the unit of local | 27 |
| government
designated as the home dock of the riverboat from | 28 |
| entering into agreements
with other units of local government | 29 |
| in this State or in other states to
share its portion of the | 30 |
| tax revenue.
| 31 |
| (f) To the extent practicable, the Board shall administer | 32 |
| and collect the
wagering taxes imposed by this Section in a | 33 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 34 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the |
|
|
|
09400HB1921ham005 |
- 20 - |
LRB094 02932 AMC 47348 a |
|
| 1 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 2 |
| Penalty and Interest Act.
| 3 |
| (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | 4 |
| eff.
6-20-03; revised 1-28-04.)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
|
|