Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0280 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0280 Introduced 1/31/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: See Index Creates the Department of Lottery and Gaming Act. Creates the Department of Lottery and Gaming to consolidate the functions of the Department of the Lottery, the Illinois Racing Board, and the Illinois Gaming Board. Creates the Lottery and Gaming Board consisting of the directors of the divisions in the new Department of Lottery and Gaming. Provides that the divisions shall be: Division of Casino Gambling, Division of Video Gaming, Division of Horse Racing, Division of Sports Wagering, and Division of Lottery. Provides for the transfer of functions, abolition of consolidating agencies, and the effect of transfer. Makes conforming changes throughout various Acts. LRB103 24970 AMQ 51304 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0280 Introduced 1/31/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: See Index See Index Creates the Department of Lottery and Gaming Act. Creates the Department of Lottery and Gaming to consolidate the functions of the Department of the Lottery, the Illinois Racing Board, and the Illinois Gaming Board. Creates the Lottery and Gaming Board consisting of the directors of the divisions in the new Department of Lottery and Gaming. Provides that the divisions shall be: Division of Casino Gambling, Division of Video Gaming, Division of Horse Racing, Division of Sports Wagering, and Division of Lottery. Provides for the transfer of functions, abolition of consolidating agencies, and the effect of transfer. Makes conforming changes throughout various Acts. LRB103 24970 AMQ 51304 b LRB103 24970 AMQ 51304 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0280 Introduced 1/31/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Creates the Department of Lottery and Gaming Act. Creates the Department of Lottery and Gaming to consolidate the functions of the Department of the Lottery, the Illinois Racing Board, and the Illinois Gaming Board. Creates the Lottery and Gaming Board consisting of the directors of the divisions in the new Department of Lottery and Gaming. Provides that the divisions shall be: Division of Casino Gambling, Division of Video Gaming, Division of Horse Racing, Division of Sports Wagering, and Division of Lottery. Provides for the transfer of functions, abolition of consolidating agencies, and the effect of transfer. Makes conforming changes throughout various Acts.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning gaming.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Department of Lottery and Gaming Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Consolidating agencies" means the Department of the
18	18	8 Lottery, the Illinois Racing Board, and the Illinois Gaming
19	19	9 Board.
20	20	10 "Department" means the Department of Lottery and Gaming.
21	21	11 Section 10. Department of Lottery and Gaming.
22	22	12 (a) There is created the Department of Lottery and Gaming
23	23	13 to consolidate the functions of the Department of the Lottery,
24	24	14 the Illinois Racing Board, and the Illinois Gaming Board.
25	25	15 (b) Within the Department, there shall be the following
26	26	16 divisions:
27	27	17 Division of Casino Gambling.
28	28	18 Division of Video Gaming.
29	29	19 Division of Horse Racing.
30	30	20 Division of Sports Wagering.
31	31	21 Division of Lottery.
32	32	22 (c) Each Division shall have responsibility for its
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0280 Introduced 1/31/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Creates the Department of Lottery and Gaming Act. Creates the Department of Lottery and Gaming to consolidate the functions of the Department of the Lottery, the Illinois Racing Board, and the Illinois Gaming Board. Creates the Lottery and Gaming Board consisting of the directors of the divisions in the new Department of Lottery and Gaming. Provides that the divisions shall be: Division of Casino Gambling, Division of Video Gaming, Division of Horse Racing, Division of Sports Wagering, and Division of Lottery. Provides for the transfer of functions, abolition of consolidating agencies, and the effect of transfer. Makes conforming changes throughout various Acts.
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42	42	A BILL FOR
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67	67	1 respective area within the Department and as provided by the
68	68	2 Illinois Gambling Act, the Video Gaming Act, the State Fair
69	69	3 Gaming Act, the Illinois Horse Racing Act of 1975, the Sports
70	70	4 Wagering Act, and the Illinois Lottery Law.
71	71	5 Section 15. Lottery and Gaming Board.
72	72	6 (a) The Department shall be led by the Lottery and Gaming
73	73	7 Board. The Board shall have 5 members:
74	74	8 Director of Casino Gambling.
75	75	9 Director of Video Gaming.
76	76	10 Director of Horse Racing.
77	77	11 Director of Sports Wagering.
78	78	12 Director of Lottery.
79	79	13 (b) The Directors of Casino Gambling, Video Gaming, Horse
80	80	14 Racing, Sports Wagering, and Lottery shall be appointed by the
81	81	15 Governor for terms of 4 years, with the advice and consent of
82	82	16 the Senate. The compensation of the Directors shall be set by
83	83	17 the Governor at the time of their appointment. Directors must
84	84	18 have relevant experience in the gaming industry related to
85	85	19 their respective divisions.
86	86	20 (c) The Director of Casino Gambling shall have the duties
87	87	21 and powers described in the Illinois Gambling Act. The
88	88	22 Director of Video Gaming shall have the duties and powers
89	89	23 described in the Video Gaming Act and the State Fair Gaming
90	90	24 Act. The Director of Horse Racing shall have the duties and
91	91	25 powers described in the Illinois Horse Racing Act of 1975. The
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102	102	1 Director of Sport Wagering shall have the duties and powers
103	103	2 described in the Sports Wagering Act. The Director of Lottery
104	104	3 shall have the duties and powers described in the Illinois
105	105	4 Lottery Law.
106	106	5 (d) The Directors shall exercise day to day supervision
107	107	6 over their respective Divisions, subject to the supervision of
108	108	7 the Lottery and Gaming Board.
109	109	8 Section 20. Transfer of functions.
110	110	9 (a) The functions and all associated powers, duties,
111	111	10 rights, and responsibilities of the consolidating agencies
112	112	11 shall be transferred to the Department of Lottery and Gaming
113	113	12 and shall be exercised by the respective Divisions on behalf
114	114	13 of the Department. The statutory powers, duties, rights, and
115	115	14 responsibilities of the consolidating agencies associated with
116	116	15 these functions derive from the Illinois Lottery Law, the
117	117	16 Illinois Horse Racing Act of 1975, and the Illinois Gambling
118	118	17 Act, the Video Gaming Act, the Sports Wagering Act, and the
119	119	18 State Fair Gaming Act.
120	120	19 (b) If a provision of an Executive Order or any Act or
121	121	20 Section thereof transferred by this Act provides for
122	122	21 membership of the director or commissioner of any of the
123	123	22 consolidating agencies on any council, commission, board, or
124	124	23 other entity, the Lottery and Gaming Board or, at the
125	125	24 Governor's discretion, the appropriate director of the
126	126	25 respective division, or the appropriate director's designee,
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137	137	1 shall serve in that place. If more than one such person is
138	138	2 required by law to serve on any council, commission, board, or
139	139	3 other entity, an equivalent number of representatives of the
140	140	4 Department shall so serve.
141	141	5 Section 25. Abolition of consolidating agencies; successor
142	142	6 agency. The consolidating agencies listed in this Section
143	143	7 shall be abolished. The rights, powers, and duties associated
144	144	8 with the functions vested by law in these consolidating
145	145	9 agencies, or any office, division, council, committee, bureau,
146	146	10 board, commission, officer, employee, or associated
147	147	11 individual, person, or entity, and all rights, powers, and
148	148	12 duties of the consolidating agencies related to the functions,
149	149	13 including funding mechanisms, shall be transferred to the
150	150	14 Department of Lottery and Gaming with this Act:
151	151	15 (1) Department of the Lottery.
152	152	16 (2) Illinois Racing Board.
153	153	17 (3) Illinois Gaming Board.
154	154	18 The Department of Lottery and Gaming is the successor agency
155	155	19 of the Department of the Lottery, the Illinois Racing Board,
156	156	20 and the Illinois Gaming Board under Section 10-5 of the
157	157	21 Successor Agency Act.
158	158	22 Section 30. Effect of transfer.
159	159	23 (a) The powers, duties, rights, and responsibilities
160	160	24 related to the functions and transferred by the consolidating
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171	171	1 agencies to the Department shall not be affected by this Act,
172	172	2 except that they shall all be carried out by the Department
173	173	3 from the effective date of the transfers.
174	174	4 (b) The staffs of the consolidating agencies engaged in
175	175	5 the performance of the functions shall be transferred to the
176	176	6 Department. The status and rights of employees under the
177	177	7 Personnel Code shall not be affected by the transfers. The
178	178	8 rights of the employees, the State of Illinois, and its
179	179	9 agencies under the Personnel Code and applicable collective
180	180	10 bargaining agreements or under any pension, retirement, or
181	181	11 annuity plan shall not be affected by this Act.
182	182	12 (c) All books, records, papers, documents, property (real
183	183	13 and personal), contracts, and pending business pertaining to
184	184	14 the powers, duties, rights, and responsibilities transferred
185	185	15 by this Act from the consolidating agencies to the Department,
186	186	16 including, but not limited to, material in electronic or
187	187	17 magnetic format and necessary computer hardware and software,
188	188	18 shall be delivered to the Department.
189	189	19 (d) All unexpended appropriations and balances and other
190	190	20 funds available for use in connection with any of the
191	191	21 functions shall be transferred for use by the Department for
192	192	22 the functions pursuant to the direction of the Governor.
193	193	23 Unexpended balances so transferred shall be expended only for
194	194	24 the purpose for which the appropriations were originally made.
195	195	25 Section 35. Saving clause.
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206	206	1 (a) The powers, duties, rights, and responsibilities
207	207	2 related to the functions and transferred from the
208	208	3 consolidating agencies by this Act shall be vested in and
209	209	4 shall be exercised by the Department. Each act done in
210	210	5 exercise of such powers, duties, rights, and responsibilities
211	211	6 shall have the same legal effect as if done by any of the
212	212	7 consolidating agencies or their divisions, officers, or
213	213	8 employees.
214	214	9 (b) Every officer of the Department shall, for any
215	215	10 offense, be subject to the same penalty or penalties, civil or
216	216	11 criminal, as are prescribed by existing law for the same
217	217	12 offense by any officer whose powers or duties were transferred
218	218	13 under this Act.
219	219	14 (c) Whenever reports or notices are now required to be
220	220	15 made or given or papers or documents furnished or served by any
221	221	16 person to or upon any of the consolidating agencies in
222	222	17 connection with any of the functions transferred by this Act,
223	223	18 the same shall be made, given, furnished, or served in the same
224	224	19 manner to or upon the Department.
225	225	20 (d) This Act shall not affect any act done, ratified, or
226	226	21 canceled or any right occurring or established or any action
227	227	22 or proceeding had or commenced in an administrative, civil, or
228	228	23 criminal cause regarding the functions of any of the
229	229	24 consolidating agencies before this Act takes effect; such
230	230	25 actions or proceedings may be prosecuted and continued by the
231	231	26 Department.
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242	242	1 (e) Any rules of the consolidating agencies that relate to
243	243	2 the functions are in full force on the effective date of this
244	244	3 Act and that have been duly adopted by the consolidating
245	245	4 agencies shall become the rules of the Department. This Act
246	246	5 shall not affect the legality of any such rules in the Illinois
247	247	6 Administrative Code. Any proposed rules filed with the
248	248	7 Secretary of State by the consolidating agencies that are
249	249	8 pending in the rulemaking process on the effective date of
250	250	9 this Act and pertain to the functions transferred, shall be
251	251	10 deemed to have been filed by the Department. As soon as
252	252	11 practicable hereafter, the Department shall revise and clarify
253	253	12 the rules transferred to it under this Act to reflect the
254	254	13 reorganization of rights, powers, and duties affected by this
255	255	14 Act, using the procedures for recodification of rules
256	256	15 available under the Illinois Administrative Procedure Act,
257	257	16 except that existing title, part, and section numbering for
258	258	17 the affected rules may be retained. The Department, consistent
259	259	18 with the consolidating agencies' authority to do so, may
260	260	19 propose and adopt under the Illinois Administrative Procedure
261	261	20 Act such other rules of the consolidating agencies that will
262	262	21 now be administered by the Department. To the extent that,
263	263	22 prior to the effective date of the transfers, the director or
264	264	23 commissioner of a consolidating agency had been empowered to
265	265	24 prescribe regulations or had other rulemaking authority with
266	266	25 respect to transferred functions, such duties shall be
267	267	26 exercised from and after the effective date of the transfers
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278	278	1 by the director responsible for the oversight of those
279	279	2 respective functions.
280	280	3 (f) Any references to the Department of the Lottery, the
281	281	4 Illinois Racing Board, and the Illinois Gaming Board shall be
282	282	5 construed as references to the Department of Lottery and
283	283	6 Gaming.
284	284	7 Section 45. The Open Meetings Act is amended by changing
285	285	8 Section 2 as follows:
286	286	9 (5 ILCS 120/2) (from Ch. 102, par. 42)
287	287	10 Sec. 2. Open meetings.
288	288	11 (a) Openness required. All meetings of public bodies shall
289	289	12 be open to the public unless excepted in subsection (c) and
290	290	13 closed in accordance with Section 2a.
291	291	14 (b) Construction of exceptions. The exceptions contained
292	292	15 in subsection (c) are in derogation of the requirement that
293	293	16 public bodies meet in the open, and therefore, the exceptions
294	294	17 are to be strictly construed, extending only to subjects
295	295	18 clearly within their scope. The exceptions authorize but do
296	296	19 not require the holding of a closed meeting to discuss a
297	297	20 subject included within an enumerated exception.
298	298	21 (c) Exceptions. A public body may hold closed meetings to
299	299	22 consider the following subjects:
300	300	23 (1) The appointment, employment, compensation,
301	301	24 discipline, performance, or dismissal of specific
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312	312	1 employees, specific individuals who serve as independent
313	313	2 contractors in a park, recreational, or educational
314	314	3 setting, or specific volunteers of the public body or
315	315	4 legal counsel for the public body, including hearing
316	316	5 testimony on a complaint lodged against an employee, a
317	317	6 specific individual who serves as an independent
318	318	7 contractor in a park, recreational, or educational
319	319	8 setting, or a volunteer of the public body or against
320	320	9 legal counsel for the public body to determine its
321	321	10 validity. However, a meeting to consider an increase in
322	322	11 compensation to a specific employee of a public body that
323	323	12 is subject to the Local Government Wage Increase
324	324	13 Transparency Act may not be closed and shall be open to the
325	325	14 public and posted and held in accordance with this Act.
326	326	15 (2) Collective negotiating matters between the public
327	327	16 body and its employees or their representatives, or
328	328	17 deliberations concerning salary schedules for one or more
329	329	18 classes of employees.
330	330	19 (3) The selection of a person to fill a public office,
331	331	20 as defined in this Act, including a vacancy in a public
332	332	21 office, when the public body is given power to appoint
333	333	22 under law or ordinance, or the discipline, performance or
334	334	23 removal of the occupant of a public office, when the
335	335	24 public body is given power to remove the occupant under
336	336	25 law or ordinance.
337	337	26 (4) Evidence or testimony presented in open hearing,
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348	348	1 or in closed hearing where specifically authorized by law,
349	349	2 to a quasi-adjudicative body, as defined in this Act,
350	350	3 provided that the body prepares and makes available for
351	351	4 public inspection a written decision setting forth its
352	352	5 determinative reasoning.
353	353	6 (5) The purchase or lease of real property for the use
354	354	7 of the public body, including meetings held for the
355	355	8 purpose of discussing whether a particular parcel should
356	356	9 be acquired.
357	357	10 (6) The setting of a price for sale or lease of
358	358	11 property owned by the public body.
359	359	12 (7) The sale or purchase of securities, investments,
360	360	13 or investment contracts. This exception shall not apply to
361	361	14 the investment of assets or income of funds deposited into
362	362	15 the Illinois Prepaid Tuition Trust Fund.
363	363	16 (8) Security procedures, school building safety and
364	364	17 security, and the use of personnel and equipment to
365	365	18 respond to an actual, a threatened, or a reasonably
366	366	19 potential danger to the safety of employees, students,
367	367	20 staff, the public, or public property.
368	368	21 (9) Student disciplinary cases.
369	369	22 (10) The placement of individual students in special
370	370	23 education programs and other matters relating to
371	371	24 individual students.
372	372	25 (11) Litigation, when an action against, affecting or
373	373	26 on behalf of the particular public body has been filed and
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384	384	1 is pending before a court or administrative tribunal, or
385	385	2 when the public body finds that an action is probable or
386	386	3 imminent, in which case the basis for the finding shall be
387	387	4 recorded and entered into the minutes of the closed
388	388	5 meeting.
389	389	6 (12) The establishment of reserves or settlement of
390	390	7 claims as provided in the Local Governmental and
391	391	8 Governmental Employees Tort Immunity Act, if otherwise the
392	392	9 disposition of a claim or potential claim might be
393	393	10 prejudiced, or the review or discussion of claims, loss or
394	394	11 risk management information, records, data, advice or
395	395	12 communications from or with respect to any insurer of the
396	396	13 public body or any intergovernmental risk management
397	397	14 association or self insurance pool of which the public
398	398	15 body is a member.
399	399	16 (13) Conciliation of complaints of discrimination in
400	400	17 the sale or rental of housing, when closed meetings are
401	401	18 authorized by the law or ordinance prescribing fair
402	402	19 housing practices and creating a commission or
403	403	20 administrative agency for their enforcement.
404	404	21 (14) Informant sources, the hiring or assignment of
405	405	22 undercover personnel or equipment, or ongoing, prior or
406	406	23 future criminal investigations, when discussed by a public
407	407	24 body with criminal investigatory responsibilities.
408	408	25 (15) Professional ethics or performance when
409	409	26 considered by an advisory body appointed to advise a
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420	420	1 licensing or regulatory agency on matters germane to the
421	421	2 advisory body's field of competence.
422	422	3 (16) Self evaluation, practices and procedures or
423	423	4 professional ethics, when meeting with a representative of
424	424	5 a statewide association of which the public body is a
425	425	6 member.
426	426	7 (17) The recruitment, credentialing, discipline or
427	427	8 formal peer review of physicians or other health care
428	428	9 professionals, or for the discussion of matters protected
429	429	10 under the federal Patient Safety and Quality Improvement
430	430	11 Act of 2005, and the regulations promulgated thereunder,
431	431	12 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
432	432	13 Health Insurance Portability and Accountability Act of
433	433	14 1996, and the regulations promulgated thereunder,
434	434	15 including 45 C.F.R. Parts 160, 162, and 164, by a
435	435	16 hospital, or other institution providing medical care,
436	436	17 that is operated by the public body.
437	437	18 (18) Deliberations for decisions of the Prisoner
438	438	19 Review Board.
439	439	20 (19) Review or discussion of applications received
440	440	21 under the Experimental Organ Transplantation Procedures
441	441	22 Act.
442	442	23 (20) The classification and discussion of matters
443	443	24 classified as confidential or continued confidential by
444	444	25 the State Government Suggestion Award Board.
445	445	26 (21) Discussion of minutes of meetings lawfully closed
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456	456	1 under this Act, whether for purposes of approval by the
457	457	2 body of the minutes or semi-annual review of the minutes
458	458	3 as mandated by Section 2.06.
459	459	4 (22) Deliberations for decisions of the State
460	460	5 Emergency Medical Services Disciplinary Review Board.
461	461	6 (23) The operation by a municipality of a municipal
462	462	7 utility or the operation of a municipal power agency or
463	463	8 municipal natural gas agency when the discussion involves
464	464	9 (i) contracts relating to the purchase, sale, or delivery
465	465	10 of electricity or natural gas or (ii) the results or
466	466	11 conclusions of load forecast studies.
467	467	12 (24) Meetings of a residential health care facility
468	468	13 resident sexual assault and death review team or the
469	469	14 Executive Council under the Abuse Prevention Review Team
470	470	15 Act.
471	471	16 (25) Meetings of an independent team of experts under
472	472	17 Brian's Law.
473	473	18 (26) Meetings of a mortality review team appointed
474	474	19 under the Department of Juvenile Justice Mortality Review
475	475	20 Team Act.
476	476	21 (27) (Blank).
477	477	22 (28) Correspondence and records (i) that may not be
478	478	23 disclosed under Section 11-9 of the Illinois Public Aid
479	479	24 Code or (ii) that pertain to appeals under Section 11-8 of
480	480	25 the Illinois Public Aid Code.
481	481	26 (29) Meetings between internal or external auditors
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492	492	1 and governmental audit committees, finance committees, and
493	493	2 their equivalents, when the discussion involves internal
494	494	3 control weaknesses, identification of potential fraud risk
495	495	4 areas, known or suspected frauds, and fraud interviews
496	496	5 conducted in accordance with generally accepted auditing
497	497	6 standards of the United States of America.
498	498	7 (30) Those meetings or portions of meetings of a
499	499	8 fatality review team or the Illinois Fatality Review Team
500	500	9 Advisory Council during which a review of the death of an
501	501	10 eligible adult in which abuse or neglect is suspected,
502	502	11 alleged, or substantiated is conducted pursuant to Section
503	503	12 15 of the Adult Protective Services Act.
504	504	13 (31) Meetings and deliberations for decisions of the
505	505	14 Concealed Carry Licensing Review Board under the Firearm
506	506	15 Concealed Carry Act.
507	507	16 (32) Meetings between the Regional Transportation
508	508	17 Authority Board and its Service Boards when the discussion
509	509	18 involves review by the Regional Transportation Authority
510	510	19 Board of employment contracts under Section 28d of the
511	511	20 Metropolitan Transit Authority Act and Sections 3A.18 and
512	512	21 3B.26 of the Regional Transportation Authority Act.
513	513	22 (33) Those meetings or portions of meetings of the
514	514	23 advisory committee and peer review subcommittee created
515	515	24 under Section 320 of the Illinois Controlled Substances
516	516	25 Act during which specific controlled substance prescriber,
517	517	26 dispenser, or patient information is discussed.
518	518
519	519
520	520
521	521
522	522
523	523	SB0280 - 14 - LRB103 24970 AMQ 51304 b
524	524
525	525
526	526	SB0280- 15 -LRB103 24970 AMQ 51304 b SB0280 - 15 - LRB103 24970 AMQ 51304 b
527	527	SB0280 - 15 - LRB103 24970 AMQ 51304 b
528	528	1 (34) Meetings of the Tax Increment Financing Reform
529	529	2 Task Force under Section 2505-800 of the Department of
530	530	3 Revenue Law of the Civil Administrative Code of Illinois.
531	531	4 (35) Meetings of the group established to discuss
532	532	5 Medicaid capitation rates under Section 5-30.8 of the
533	533	6 Illinois Public Aid Code.
534	534	7 (36) Those deliberations or portions of deliberations
535	535	8 for decisions of any Division of the Department of Lottery
536	536	9 and Gaming the Illinois Gaming Board in which there is
537	537	10 discussed any of the following: (i) personal, commercial,
538	538	11 financial, or other information obtained from any source
539	539	12 that is privileged, proprietary, confidential, or a trade
540	540	13 secret; or (ii) information specifically exempted from the
541	541	14 disclosure by federal or State law.
542	542	15 (37) Deliberations for decisions of the Illinois Law
543	543	16 Enforcement Training Standards Board, the Certification
544	544	17 Review Panel, and the Illinois State Police Merit Board
545	545	18 regarding certification and decertification.
546	546	19 (38) Meetings of the Ad Hoc Statewide Domestic
547	547	20 Violence Fatality Review Committee of the Illinois
548	548	21 Criminal Justice Information Authority Board that occur in
549	549	22 closed executive session under subsection (d) of Section
550	550	23 35 of the Domestic Violence Fatality Review Act.
551	551	24 (39) Meetings of the regional review teams under
552	552	25 subsection (a) of Section 75 of the Domestic Violence
553	553	26 Fatality Review Act.
554	554
555	555
556	556
557	557
558	558
559	559	SB0280 - 15 - LRB103 24970 AMQ 51304 b
560	560
561	561
562	562	SB0280- 16 -LRB103 24970 AMQ 51304 b SB0280 - 16 - LRB103 24970 AMQ 51304 b
563	563	SB0280 - 16 - LRB103 24970 AMQ 51304 b
564	564	1 (40) Meetings of the Firearm Owner's Identification
565	565	2 Card Review Board under Section 10 of the Firearm Owners
566	566	3 Identification Card Act.
567	567	4 (d) Definitions. For purposes of this Section:
568	568	5 "Employee" means a person employed by a public body whose
569	569	6 relationship with the public body constitutes an
570	570	7 employer-employee relationship under the usual common law
571	571	8 rules, and who is not an independent contractor.
572	572	9 "Public office" means a position created by or under the
573	573	10 Constitution or laws of this State, the occupant of which is
574	574	11 charged with the exercise of some portion of the sovereign
575	575	12 power of this State. The term "public office" shall include
576	576	13 members of the public body, but it shall not include
577	577	14 organizational positions filled by members thereof, whether
578	578	15 established by law or by a public body itself, that exist to
579	579	16 assist the body in the conduct of its business.
580	580	17 "Quasi-adjudicative body" means an administrative body
581	581	18 charged by law or ordinance with the responsibility to conduct
582	582	19 hearings, receive evidence or testimony and make
583	583	20 determinations based thereon, but does not include local
584	584	21 electoral boards when such bodies are considering petition
585	585	22 challenges.
586	586	23 (e) Final action. No final action may be taken at a closed
587	587	24 meeting. Final action shall be preceded by a public recital of
588	588	25 the nature of the matter being considered and other
589	589	26 information that will inform the public of the business being
590	590
591	591
592	592
593	593
594	594
595	595	SB0280 - 16 - LRB103 24970 AMQ 51304 b
596	596
597	597
598	598	SB0280- 17 -LRB103 24970 AMQ 51304 b SB0280 - 17 - LRB103 24970 AMQ 51304 b
599	599	SB0280 - 17 - LRB103 24970 AMQ 51304 b
600	600	1 conducted.
601	601	2 (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
602	602	3 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
603	603	4 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
604	604	5 Section 50. The Illinois Public Labor Relations Act is
605	605	6 amended by changing Section 3 as follows:
606	606	7 (5 ILCS 315/3) (from Ch. 48, par. 1603)
607	607	8 Sec. 3. Definitions. As used in this Act, unless the
608	608	9 context otherwise requires:
609	609	10 (a) "Board" means the Illinois Labor Relations Board or,
610	610	11 with respect to a matter over which the jurisdiction of the
611	611	12 Board is assigned to the State Panel or the Local Panel under
612	612	13 Section 5, the panel having jurisdiction over the matter.
613	613	14 (b) "Collective bargaining" means bargaining over terms
614	614	15 and conditions of employment, including hours, wages, and
615	615	16 other conditions of employment, as detailed in Section 7 and
616	616	17 which are not excluded by Section 4.
617	617	18 (c) "Confidential employee" means an employee who, in the
618	618	19 regular course of his or her duties, assists and acts in a
619	619	20 confidential capacity to persons who formulate, determine, and
620	620	21 effectuate management policies with regard to labor relations
621	621	22 or who, in the regular course of his or her duties, has
622	622	23 authorized access to information relating to the effectuation
623	623	24 or review of the employer's collective bargaining policies.
624	624
625	625
626	626
627	627
628	628
629	629	SB0280 - 17 - LRB103 24970 AMQ 51304 b
630	630
631	631
632	632	SB0280- 18 -LRB103 24970 AMQ 51304 b SB0280 - 18 - LRB103 24970 AMQ 51304 b
633	633	SB0280 - 18 - LRB103 24970 AMQ 51304 b
634	634	1 Determinations of confidential employee status shall be based
635	635	2 on actual employee job duties and not solely on written job
636	636	3 descriptions.
637	637	4 (d) "Craft employees" means skilled journeymen, crafts
638	638	5 persons, and their apprentices and helpers.
639	639	6 (e) "Essential services employees" means those public
640	640	7 employees performing functions so essential that the
641	641	8 interruption or termination of the function will constitute a
642	642	9 clear and present danger to the health and safety of the
643	643	10 persons in the affected community.
644	644	11 (f) "Exclusive representative", except with respect to
645	645	12 non-State fire fighters and paramedics employed by fire
646	646	13 departments and fire protection districts, non-State peace
647	647	14 officers, and peace officers in the Illinois State Police,
648	648	15 means the labor organization that has been (i) designated by
649	649	16 the Board as the representative of a majority of public
650	650	17 employees in an appropriate bargaining unit in accordance with
651	651	18 the procedures contained in this Act; (ii) historically
652	652	19 recognized by the State of Illinois or any political
653	653	20 subdivision of the State before July 1, 1984 (the effective
654	654	21 date of this Act) as the exclusive representative of the
655	655	22 employees in an appropriate bargaining unit; (iii) after July
656	656	23 1, 1984 (the effective date of this Act) recognized by an
657	657	24 employer upon evidence, acceptable to the Board, that the
658	658	25 labor organization has been designated as the exclusive
659	659	26 representative by a majority of the employees in an
660	660
661	661
662	662
663	663
664	664
665	665	SB0280 - 18 - LRB103 24970 AMQ 51304 b
666	666
667	667
668	668	SB0280- 19 -LRB103 24970 AMQ 51304 b SB0280 - 19 - LRB103 24970 AMQ 51304 b
669	669	SB0280 - 19 - LRB103 24970 AMQ 51304 b
670	670	1 appropriate bargaining unit; (iv) recognized as the exclusive
671	671	2 representative of personal assistants under Executive Order
672	672	3 2003-8 prior to July 16, 2003 (the effective date of Public Act
673	673	4 93-204), and the organization shall be considered to be the
674	674	5 exclusive representative of the personal assistants as defined
675	675	6 in this Section; or (v) recognized as the exclusive
676	676	7 representative of child and day care home providers, including
677	677	8 licensed and license exempt providers, pursuant to an election
678	678	9 held under Executive Order 2005-1 prior to January 1, 2006
679	679	10 (the effective date of Public Act 94-320), and the
680	680	11 organization shall be considered to be the exclusive
681	681	12 representative of the child and day care home providers as
682	682	13 defined in this Section.
683	683	14 With respect to non-State fire fighters and paramedics
684	684	15 employed by fire departments and fire protection districts,
685	685	16 non-State peace officers, and peace officers in the Illinois
686	686	17 State Police, "exclusive representative" means the labor
687	687	18 organization that has been (i) designated by the Board as the
688	688	19 representative of a majority of peace officers or fire
689	689	20 fighters in an appropriate bargaining unit in accordance with
690	690	21 the procedures contained in this Act, (ii) historically
691	691	22 recognized by the State of Illinois or any political
692	692	23 subdivision of the State before January 1, 1986 (the effective
693	693	24 date of this amendatory Act of 1985) as the exclusive
694	694	25 representative by a majority of the peace officers or fire
695	695	26 fighters in an appropriate bargaining unit, or (iii) after
696	696
697	697
698	698
699	699
700	700
701	701	SB0280 - 19 - LRB103 24970 AMQ 51304 b
702	702
703	703
704	704	SB0280- 20 -LRB103 24970 AMQ 51304 b SB0280 - 20 - LRB103 24970 AMQ 51304 b
705	705	SB0280 - 20 - LRB103 24970 AMQ 51304 b
706	706	1 January 1, 1986 (the effective date of this amendatory Act of
707	707	2 1985) recognized by an employer upon evidence, acceptable to
708	708	3 the Board, that the labor organization has been designated as
709	709	4 the exclusive representative by a majority of the peace
710	710	5 officers or fire fighters in an appropriate bargaining unit.
711	711	6 Where a historical pattern of representation exists for
712	712	7 the workers of a water system that was owned by a public
713	713	8 utility, as defined in Section 3-105 of the Public Utilities
714	714	9 Act, prior to becoming certified employees of a municipality
715	715	10 or municipalities once the municipality or municipalities have
716	716	11 acquired the water system as authorized in Section 11-124-5 of
717	717	12 the Illinois Municipal Code, the Board shall find the labor
718	718	13 organization that has historically represented the workers to
719	719	14 be the exclusive representative under this Act, and shall find
720	720	15 the unit represented by the exclusive representative to be the
721	721	16 appropriate unit.
722	722	17 (g) "Fair share agreement" means an agreement between the
723	723	18 employer and an employee organization under which all or any
724	724	19 of the employees in a collective bargaining unit are required
725	725	20 to pay their proportionate share of the costs of the
726	726	21 collective bargaining process, contract administration, and
727	727	22 pursuing matters affecting wages, hours, and other conditions
728	728	23 of employment, but not to exceed the amount of dues uniformly
729	729	24 required of members. The amount certified by the exclusive
730	730	25 representative shall not include any fees for contributions
731	731	26 related to the election or support of any candidate for
732	732
733	733
734	734
735	735
736	736
737	737	SB0280 - 20 - LRB103 24970 AMQ 51304 b
738	738
739	739
740	740	SB0280- 21 -LRB103 24970 AMQ 51304 b SB0280 - 21 - LRB103 24970 AMQ 51304 b
741	741	SB0280 - 21 - LRB103 24970 AMQ 51304 b
742	742	1 political office. Nothing in this subsection (g) shall
743	743	2 preclude an employee from making voluntary political
744	744	3 contributions in conjunction with his or her fair share
745	745	4 payment.
746	746	5 (g-1) "Fire fighter" means, for the purposes of this Act
747	747	6 only, any person who has been or is hereafter appointed to a
748	748	7 fire department or fire protection district or employed by a
749	749	8 state university and sworn or commissioned to perform fire
750	750	9 fighter duties or paramedic duties, including paramedics
751	751	10 employed by a unit of local government, except that the
752	752	11 following persons are not included: part-time fire fighters,
753	753	12 auxiliary, reserve or voluntary fire fighters, including paid
754	754	13 on-call fire fighters, clerks and dispatchers or other
755	755	14 civilian employees of a fire department or fire protection
756	756	15 district who are not routinely expected to perform fire
757	757	16 fighter duties, or elected officials.
758	758	17 (g-2) "General Assembly of the State of Illinois" means
759	759	18 the legislative branch of the government of the State of
760	760	19 Illinois, as provided for under Article IV of the Constitution
761	761	20 of the State of Illinois, and includes, but is not limited to,
762	762	21 the House of Representatives, the Senate, the Speaker of the
763	763	22 House of Representatives, the Minority Leader of the House of
764	764	23 Representatives, the President of the Senate, the Minority
765	765	24 Leader of the Senate, the Joint Committee on Legislative
766	766	25 Support Services, and any legislative support services agency
767	767	26 listed in the Legislative Commission Reorganization Act of
768	768
769	769
770	770
771	771
772	772
773	773	SB0280 - 21 - LRB103 24970 AMQ 51304 b
774	774
775	775
776	776	SB0280- 22 -LRB103 24970 AMQ 51304 b SB0280 - 22 - LRB103 24970 AMQ 51304 b
777	777	SB0280 - 22 - LRB103 24970 AMQ 51304 b
778	778	1 1984.
779	779	2 (h) "Governing body" means, in the case of the State, the
780	780	3 State Panel of the Illinois Labor Relations Board, the
781	781	4 Director of the Department of Central Management Services, and
782	782	5 the Director of the Department of Labor; the county board in
783	783	6 the case of a county; the corporate authorities in the case of
784	784	7 a municipality; and the appropriate body authorized to provide
785	785	8 for expenditures of its funds in the case of any other unit of
786	786	9 government.
787	787	10 (i) "Labor organization" means any organization in which
788	788	11 public employees participate and that exists for the purpose,
789	789	12 in whole or in part, of dealing with a public employer
790	790	13 concerning wages, hours, and other terms and conditions of
791	791	14 employment, including the settlement of grievances.
792	792	15 (i-5) "Legislative liaison" means a person who is an
793	793	16 employee of a State agency, the Attorney General, the
794	794	17 Secretary of State, the Comptroller, or the Treasurer, as the
795	795	18 case may be, and whose job duties require the person to
796	796	19 regularly communicate in the course of his or her employment
797	797	20 with any official or staff of the General Assembly of the State
798	798	21 of Illinois for the purpose of influencing any legislative
799	799	22 action.
800	800	23 (j) "Managerial employee" means an individual who is
801	801	24 engaged predominantly in executive and management functions
802	802	25 and is charged with the responsibility of directing the
803	803	26 effectuation of management policies and practices.
804	804
805	805
806	806
807	807
808	808
809	809	SB0280 - 22 - LRB103 24970 AMQ 51304 b
810	810
811	811
812	812	SB0280- 23 -LRB103 24970 AMQ 51304 b SB0280 - 23 - LRB103 24970 AMQ 51304 b
813	813	SB0280 - 23 - LRB103 24970 AMQ 51304 b
814	814	1 Determination of managerial employee status shall be based on
815	815	2 actual employee job duties and not solely on written job
816	816	3 descriptions. With respect only to State employees in
817	817	4 positions under the jurisdiction of the Attorney General,
818	818	5 Secretary of State, Comptroller, or Treasurer (i) that were
819	819	6 certified in a bargaining unit on or after December 2, 2008,
820	820	7 (ii) for which a petition is filed with the Illinois Public
821	821	8 Labor Relations Board on or after April 5, 2013 (the effective
822	822	9 date of Public Act 97-1172), or (iii) for which a petition is
823	823	10 pending before the Illinois Public Labor Relations Board on
824	824	11 that date, "managerial employee" means an individual who is
825	825	12 engaged in executive and management functions or who is
826	826	13 charged with the effectuation of management policies and
827	827	14 practices or who represents management interests by taking or
828	828	15 recommending discretionary actions that effectively control or
829	829	16 implement policy. Nothing in this definition prohibits an
830	830	17 individual from also meeting the definition of "supervisor"
831	831	18 under subsection (r) of this Section.
832	832	19 (k) "Peace officer" means, for the purposes of this Act
833	833	20 only, any persons who have been or are hereafter appointed to a
834	834	21 police force, department, or agency and sworn or commissioned
835	835	22 to perform police duties, except that the following persons
836	836	23 are not included: part-time police officers, special police
837	837	24 officers, auxiliary police as defined by Section 3.1-30-20 of
838	838	25 the Illinois Municipal Code, night watchmen, "merchant
839	839	26 police", court security officers as defined by Section
840	840
841	841
842	842
843	843
844	844
845	845	SB0280 - 23 - LRB103 24970 AMQ 51304 b
846	846
847	847
848	848	SB0280- 24 -LRB103 24970 AMQ 51304 b SB0280 - 24 - LRB103 24970 AMQ 51304 b
849	849	SB0280 - 24 - LRB103 24970 AMQ 51304 b
850	850	1 3-6012.1 of the Counties Code, temporary employees, traffic
851	851	2 guards or wardens, civilian parking meter and parking
852	852	3 facilities personnel or other individuals specially appointed
853	853	4 to aid or direct traffic at or near schools or public functions
854	854	5 or to aid in civil defense or disaster, parking enforcement
855	855	6 employees who are not commissioned as peace officers and who
856	856	7 are not armed and who are not routinely expected to effect
857	857	8 arrests, parking lot attendants, clerks and dispatchers or
858	858	9 other civilian employees of a police department who are not
859	859	10 routinely expected to effect arrests, or elected officials.
860	860	11 (l) "Person" includes one or more individuals, labor
861	861	12 organizations, public employees, associations, corporations,
862	862	13 legal representatives, trustees, trustees in bankruptcy,
863	863	14 receivers, or the State of Illinois or any political
864	864	15 subdivision of the State or governing body, but does not
865	865	16 include the General Assembly of the State of Illinois or any
866	866	17 individual employed by the General Assembly of the State of
867	867	18 Illinois.
868	868	19 (m) "Professional employee" means any employee engaged in
869	869	20 work predominantly intellectual and varied in character rather
870	870	21 than routine mental, manual, mechanical or physical work;
871	871	22 involving the consistent exercise of discretion and adjustment
872	872	23 in its performance; of such a character that the output
873	873	24 produced or the result accomplished cannot be standardized in
874	874	25 relation to a given period of time; and requiring advanced
875	875	26 knowledge in a field of science or learning customarily
876	876
877	877
878	878
879	879
880	880
881	881	SB0280 - 24 - LRB103 24970 AMQ 51304 b
882	882
883	883
884	884	SB0280- 25 -LRB103 24970 AMQ 51304 b SB0280 - 25 - LRB103 24970 AMQ 51304 b
885	885	SB0280 - 25 - LRB103 24970 AMQ 51304 b
886	886	1 acquired by a prolonged course of specialized intellectual
887	887	2 instruction and study in an institution of higher learning or
888	888	3 a hospital, as distinguished from a general academic education
889	889	4 or from apprenticeship or from training in the performance of
890	890	5 routine mental, manual, or physical processes; or any employee
891	891	6 who has completed the courses of specialized intellectual
892	892	7 instruction and study prescribed in this subsection (m) and is
893	893	8 performing related work under the supervision of a
894	894	9 professional person to qualify to become a professional
895	895	10 employee as defined in this subsection (m).
896	896	11 (n) "Public employee" or "employee", for the purposes of
897	897	12 this Act, means any individual employed by a public employer,
898	898	13 including (i) interns and residents at public hospitals, (ii)
899	899	14 as of July 16, 2003 (the effective date of Public Act 93-204),
900	900	15 but not before, personal assistants working under the Home
901	901	16 Services Program under Section 3 of the Rehabilitation of
902	902	17 Persons with Disabilities Act, subject to the limitations set
903	903	18 forth in this Act and in the Rehabilitation of Persons with
904	904	19 Disabilities Act, (iii) as of January 1, 2006 (the effective
905	905	20 date of Public Act 94-320), but not before, child and day care
906	906	21 home providers participating in the child care assistance
907	907	22 program under Section 9A-11 of the Illinois Public Aid Code,
908	908	23 subject to the limitations set forth in this Act and in Section
909	909	24 9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
910	910	25 2013 (the effective date of Public Act 97-1158), but not
911	911	26 before except as otherwise provided in this subsection (n),
912	912
913	913
914	914
915	915
916	916
917	917	SB0280 - 25 - LRB103 24970 AMQ 51304 b
918	918
919	919
920	920	SB0280- 26 -LRB103 24970 AMQ 51304 b SB0280 - 26 - LRB103 24970 AMQ 51304 b
921	921	SB0280 - 26 - LRB103 24970 AMQ 51304 b
922	922	1 home care and home health workers who function as personal
923	923	2 assistants and individual maintenance home health workers and
924	924	3 who also work under the Home Services Program under Section 3
925	925	4 of the Rehabilitation of Persons with Disabilities Act, no
926	926	5 matter whether the State provides those services through
927	927	6 direct fee-for-service arrangements, with the assistance of a
928	928	7 managed care organization or other intermediary, or otherwise,
929	929	8 (v) beginning on July 19, 2013 (the effective date of Public
930	930	9 Act 98-100) and notwithstanding any other provision of this
931	931	10 Act, any person employed by a public employer and who is
932	932	11 classified as or who holds the employment title of Chief
933	933	12 Stationary Engineer, Assistant Chief Stationary Engineer,
934	934	13 Sewage Plant Operator, Water Plant Operator, Stationary
935	935	14 Engineer, Plant Operating Engineer, and any other employee who
936	936	15 holds the position of: Civil Engineer V, Civil Engineer VI,
937	937	16 Civil Engineer VII, Technical Manager I, Technical Manager II,
938	938	17 Technical Manager III, Technical Manager IV, Technical Manager
939	939	18 V, Technical Manager VI, Realty Specialist III, Realty
940	940	19 Specialist IV, Realty Specialist V, Technical Advisor I,
941	941	20 Technical Advisor II, Technical Advisor III, Technical Advisor
942	942	21 IV, or Technical Advisor V employed by the Department of
943	943	22 Transportation who is in a position which is certified in a
944	944	23 bargaining unit on or before July 19, 2013 (the effective date
945	945	24 of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
946	946	25 effective date of Public Act 98-100) and notwithstanding any
947	947	26 other provision of this Act, any mental health administrator
948	948
949	949
950	950
951	951
952	952
953	953	SB0280 - 26 - LRB103 24970 AMQ 51304 b
954	954
955	955
956	956	SB0280- 27 -LRB103 24970 AMQ 51304 b SB0280 - 27 - LRB103 24970 AMQ 51304 b
957	957	SB0280 - 27 - LRB103 24970 AMQ 51304 b
958	958	1 in the Department of Corrections who is classified as or who
959	959	2 holds the position of Public Service Administrator (Option
960	960	3 8K), any employee of the Office of the Inspector General in the
961	961	4 Department of Human Services who is classified as or who holds
962	962	5 the position of Public Service Administrator (Option 7), any
963	963	6 Deputy of Intelligence in the Department of Corrections who is
964	964	7 classified as or who holds the position of Public Service
965	965	8 Administrator (Option 7), and any employee of the Illinois
966	966	9 State Police who handles issues concerning the Illinois State
967	967	10 Police Sex Offender Registry and who is classified as or holds
968	968	11 the position of Public Service Administrator (Option 7), but
969	969	12 excluding all of the following: employees of the General
970	970	13 Assembly of the State of Illinois; elected officials;
971	971	14 executive heads of a department; members of boards or
972	972	15 commissions; the Executive Inspectors General; any special
973	973	16 Executive Inspectors General; employees of each Office of an
974	974	17 Executive Inspector General; commissioners and employees of
975	975	18 the Executive Ethics Commission; the Auditor General's
976	976	19 Inspector General; employees of the Office of the Auditor
977	977	20 General's Inspector General; the Legislative Inspector
978	978	21 General; any special Legislative Inspectors General; employees
979	979	22 of the Office of the Legislative Inspector General;
980	980	23 commissioners and employees of the Legislative Ethics
981	981	24 Commission; employees of any agency, board or commission
982	982	25 created by this Act; employees appointed to State positions of
983	983	26 a temporary or emergency nature; all employees of school
984	984
985	985
986	986
987	987
988	988
989	989	SB0280 - 27 - LRB103 24970 AMQ 51304 b
990	990
991	991
992	992	SB0280- 28 -LRB103 24970 AMQ 51304 b SB0280 - 28 - LRB103 24970 AMQ 51304 b
993	993	SB0280 - 28 - LRB103 24970 AMQ 51304 b
994	994	1 districts and higher education institutions except
995	995	2 firefighters and peace officers employed by a state university
996	996	3 and except peace officers employed by a school district in its
997	997	4 own police department in existence on July 23, 2010 (the
998	998	5 effective date of Public Act 96-1257); managerial employees;
999	999	6 short-term employees; legislative liaisons; a person who is a
1000	1000	7 State employee under the jurisdiction of the Office of the
1001	1001	8 Attorney General who is licensed to practice law or whose
1002	1002	9 position authorizes, either directly or indirectly, meaningful
1003	1003	10 input into government decision-making on issues where there is
1004	1004	11 room for principled disagreement on goals or their
1005	1005	12 implementation; a person who is a State employee under the
1006	1006	13 jurisdiction of the Office of the Comptroller who holds the
1007	1007	14 position of Public Service Administrator or whose position is
1008	1008	15 otherwise exempt under the Comptroller Merit Employment Code;
1009	1009	16 a person who is a State employee under the jurisdiction of the
1010	1010	17 Secretary of State who holds the position classification of
1011	1011	18 Executive I or higher, whose position authorizes, either
1012	1012	19 directly or indirectly, meaningful input into government
1013	1013	20 decision-making on issues where there is room for principled
1014	1014	21 disagreement on goals or their implementation, or who is
1015	1015	22 otherwise exempt under the Secretary of State Merit Employment
1016	1016	23 Code; employees in the Office of the Secretary of State who are
1017	1017	24 completely exempt from jurisdiction B of the Secretary of
1018	1018	25 State Merit Employment Code and who are in Rutan-exempt
1019	1019	26 positions on or after April 5, 2013 (the effective date of
1020	1020
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025	SB0280 - 28 - LRB103 24970 AMQ 51304 b
1026	1026
1027	1027
1028	1028	SB0280- 29 -LRB103 24970 AMQ 51304 b SB0280 - 29 - LRB103 24970 AMQ 51304 b
1029	1029	SB0280 - 29 - LRB103 24970 AMQ 51304 b
1030	1030	1 Public Act 97-1172); a person who is a State employee under the
1031	1031	2 jurisdiction of the Treasurer who holds a position that is
1032	1032	3 exempt from the State Treasurer Employment Code; any employee
1033	1033	4 of a State agency who (i) holds the title or position of, or
1034	1034	5 exercises substantially similar duties as a legislative
1035	1035	6 liaison, Agency General Counsel, Agency Chief of Staff, Agency
1036	1036	7 Executive Director, Agency Deputy Director, Agency Chief
1037	1037	8 Fiscal Officer, Agency Human Resources Director, Public
1038	1038	9 Information Officer, or Chief Information Officer and (ii) was
1039	1039	10 neither included in a bargaining unit nor subject to an active
1040	1040	11 petition for certification in a bargaining unit; any employee
1041	1041	12 of a State agency who (i) is in a position that is
1042	1042	13 Rutan-exempt, as designated by the employer, and completely
1043	1043	14 exempt from jurisdiction B of the Personnel Code and (ii) was
1044	1044	15 neither included in a bargaining unit nor subject to an active
1045	1045	16 petition for certification in a bargaining unit; any term
1046	1046	17 appointed employee of a State agency pursuant to Section 8b.18
1047	1047	18 or 8b.19 of the Personnel Code who was neither included in a
1048	1048	19 bargaining unit nor subject to an active petition for
1049	1049	20 certification in a bargaining unit; any employment position
1050	1050	21 properly designated pursuant to Section 6.1 of this Act;
1051	1051	22 confidential employees; independent contractors; and
1052	1052	23 supervisors except as provided in this Act.
1053	1053	24 Home care and home health workers who function as personal
1054	1054	25 assistants and individual maintenance home health workers and
1055	1055	26 who also work under the Home Services Program under Section 3
1056	1056
1057	1057
1058	1058
1059	1059
1060	1060
1061	1061	SB0280 - 29 - LRB103 24970 AMQ 51304 b
1062	1062
1063	1063
1064	1064	SB0280- 30 -LRB103 24970 AMQ 51304 b SB0280 - 30 - LRB103 24970 AMQ 51304 b
1065	1065	SB0280 - 30 - LRB103 24970 AMQ 51304 b
1066	1066	1 of the Rehabilitation of Persons with Disabilities Act shall
1067	1067	2 not be considered public employees for any purposes not
1068	1068	3 specifically provided for in Public Act 93-204 or Public Act
1069	1069	4 97-1158, including, but not limited to, purposes of vicarious
1070	1070	5 liability in tort and purposes of statutory retirement or
1071	1071	6 health insurance benefits. Home care and home health workers
1072	1072	7 who function as personal assistants and individual maintenance
1073	1073	8 home health workers and who also work under the Home Services
1074	1074	9 Program under Section 3 of the Rehabilitation of Persons with
1075	1075	10 Disabilities Act shall not be covered by the State Employees
1076	1076	11 Group Insurance Act of 1971.
1077	1077	12 Child and day care home providers shall not be considered
1078	1078	13 public employees for any purposes not specifically provided
1079	1079	14 for in Public Act 94-320, including, but not limited to,
1080	1080	15 purposes of vicarious liability in tort and purposes of
1081	1081	16 statutory retirement or health insurance benefits. Child and
1082	1082	17 day care home providers shall not be covered by the State
1083	1083	18 Employees Group Insurance Act of 1971.
1084	1084	19 Notwithstanding Section 9, subsection (c), or any other
1085	1085	20 provisions of this Act, all peace officers above the rank of
1086	1086	21 captain in municipalities with more than 1,000,000 inhabitants
1087	1087	22 shall be excluded from this Act.
1088	1088	23 (o) Except as otherwise in subsection (o-5), "public
1089	1089	24 employer" or "employer" means the State of Illinois; any
1090	1090	25 political subdivision of the State, unit of local government
1091	1091	26 or school district; authorities including departments,
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097	SB0280 - 30 - LRB103 24970 AMQ 51304 b
1098	1098
1099	1099
1100	1100	SB0280- 31 -LRB103 24970 AMQ 51304 b SB0280 - 31 - LRB103 24970 AMQ 51304 b
1101	1101	SB0280 - 31 - LRB103 24970 AMQ 51304 b
1102	1102	1 divisions, bureaus, boards, commissions, or other agencies of
1103	1103	2 the foregoing entities; and any person acting within the scope
1104	1104	3 of his or her authority, express or implied, on behalf of those
1105	1105	4 entities in dealing with its employees. As of July 16, 2003
1106	1106	5 (the effective date of Public Act 93-204), but not before, the
1107	1107	6 State of Illinois shall be considered the employer of the
1108	1108	7 personal assistants working under the Home Services Program
1109	1109	8 under Section 3 of the Rehabilitation of Persons with
1110	1110	9 Disabilities Act, subject to the limitations set forth in this
1111	1111	10 Act and in the Rehabilitation of Persons with Disabilities
1112	1112	11 Act. As of January 29, 2013 (the effective date of Public Act
1113	1113	12 97-1158), but not before except as otherwise provided in this
1114	1114	13 subsection (o), the State shall be considered the employer of
1115	1115	14 home care and home health workers who function as personal
1116	1116	15 assistants and individual maintenance home health workers and
1117	1117	16 who also work under the Home Services Program under Section 3
1118	1118	17 of the Rehabilitation of Persons with Disabilities Act, no
1119	1119	18 matter whether the State provides those services through
1120	1120	19 direct fee-for-service arrangements, with the assistance of a
1121	1121	20 managed care organization or other intermediary, or otherwise,
1122	1122	21 but subject to the limitations set forth in this Act and the
1123	1123	22 Rehabilitation of Persons with Disabilities Act. The State
1124	1124	23 shall not be considered to be the employer of home care and
1125	1125	24 home health workers who function as personal assistants and
1126	1126	25 individual maintenance home health workers and who also work
1127	1127	26 under the Home Services Program under Section 3 of the
1128	1128
1129	1129
1130	1130
1131	1131
1132	1132
1133	1133	SB0280 - 31 - LRB103 24970 AMQ 51304 b
1134	1134
1135	1135
1136	1136	SB0280- 32 -LRB103 24970 AMQ 51304 b SB0280 - 32 - LRB103 24970 AMQ 51304 b
1137	1137	SB0280 - 32 - LRB103 24970 AMQ 51304 b
1138	1138	1 Rehabilitation of Persons with Disabilities Act, for any
1139	1139	2 purposes not specifically provided for in Public Act 93-204 or
1140	1140	3 Public Act 97-1158, including but not limited to, purposes of
1141	1141	4 vicarious liability in tort and purposes of statutory
1142	1142	5 retirement or health insurance benefits. Home care and home
1143	1143	6 health workers who function as personal assistants and
1144	1144	7 individual maintenance home health workers and who also work
1145	1145	8 under the Home Services Program under Section 3 of the
1146	1146	9 Rehabilitation of Persons with Disabilities Act shall not be
1147	1147	10 covered by the State Employees Group Insurance Act of 1971. As
1148	1148	11 of January 1, 2006 (the effective date of Public Act 94-320),
1149	1149	12 but not before, the State of Illinois shall be considered the
1150	1150	13 employer of the day and child care home providers
1151	1151	14 participating in the child care assistance program under
1152	1152	15 Section 9A-11 of the Illinois Public Aid Code, subject to the
1153	1153	16 limitations set forth in this Act and in Section 9A-11 of the
1154	1154	17 Illinois Public Aid Code. The State shall not be considered to
1155	1155	18 be the employer of child and day care home providers for any
1156	1156	19 purposes not specifically provided for in Public Act 94-320,
1157	1157	20 including, but not limited to, purposes of vicarious liability
1158	1158	21 in tort and purposes of statutory retirement or health
1159	1159	22 insurance benefits. Child and day care home providers shall
1160	1160	23 not be covered by the State Employees Group Insurance Act of
1161	1161	24 1971.
1162	1162	25 "Public employer" or "employer" as used in this Act,
1163	1163	26 however, does not mean and shall not include the General
1164	1164
1165	1165
1166	1166
1167	1167
1168	1168
1169	1169	SB0280 - 32 - LRB103 24970 AMQ 51304 b
1170	1170
1171	1171
1172	1172	SB0280- 33 -LRB103 24970 AMQ 51304 b SB0280 - 33 - LRB103 24970 AMQ 51304 b
1173	1173	SB0280 - 33 - LRB103 24970 AMQ 51304 b
1174	1174	1 Assembly of the State of Illinois, the Executive Ethics
1175	1175	2 Commission, the Offices of the Executive Inspectors General,
1176	1176	3 the Legislative Ethics Commission, the Office of the
1177	1177	4 Legislative Inspector General, the Office of the Auditor
1178	1178	5 General's Inspector General, the Office of the Governor, the
1179	1179	6 Governor's Office of Management and Budget, the Illinois
1180	1180	7 Finance Authority, the Office of the Lieutenant Governor, the
1181	1181	8 State Board of Elections, and educational employers or
1182	1182	9 employers as defined in the Illinois Educational Labor
1183	1183	10 Relations Act, except with respect to a state university in
1184	1184	11 its employment of firefighters and peace officers and except
1185	1185	12 with respect to a school district in the employment of peace
1186	1186	13 officers in its own police department in existence on July 23,
1187	1187	14 2010 (the effective date of Public Act 96-1257). County boards
1188	1188	15 and county sheriffs shall be designated as joint or
1189	1189	16 co-employers of county peace officers appointed under the
1190	1190	17 authority of a county sheriff. Nothing in this subsection (o)
1191	1191	18 shall be construed to prevent the State Panel or the Local
1192	1192	19 Panel from determining that employers are joint or
1193	1193	20 co-employers.
1194	1194	21 (o-5) With respect to wages, fringe benefits, hours,
1195	1195	22 holidays, vacations, proficiency examinations, sick leave, and
1196	1196	23 other conditions of employment, the public employer of public
1197	1197	24 employees who are court reporters, as defined in the Court
1198	1198	25 Reporters Act, shall be determined as follows:
1199	1199	26 (1) For court reporters employed by the Cook County
1200	1200
1201	1201
1202	1202
1203	1203
1204	1204
1205	1205	SB0280 - 33 - LRB103 24970 AMQ 51304 b
1206	1206
1207	1207
1208	1208	SB0280- 34 -LRB103 24970 AMQ 51304 b SB0280 - 34 - LRB103 24970 AMQ 51304 b
1209	1209	SB0280 - 34 - LRB103 24970 AMQ 51304 b
1210	1210	1 Judicial Circuit, the chief judge of the Cook County
1211	1211	2 Circuit Court is the public employer and employer
1212	1212	3 representative.
1213	1213	4 (2) For court reporters employed by the 12th, 18th,
1214	1214	5 19th, and, on and after December 4, 2006, the 22nd
1215	1215	6 judicial circuits, a group consisting of the chief judges
1216	1216	7 of those circuits, acting jointly by majority vote, is the
1217	1217	8 public employer and employer representative.
1218	1218	9 (3) For court reporters employed by all other judicial
1219	1219	10 circuits, a group consisting of the chief judges of those
1220	1220	11 circuits, acting jointly by majority vote, is the public
1221	1221	12 employer and employer representative.
1222	1222	13 (p) "Security employee" means an employee who is
1223	1223	14 responsible for the supervision and control of inmates at
1224	1224	15 correctional facilities. The term also includes other
1225	1225	16 non-security employees in bargaining units having the majority
1226	1226	17 of employees being responsible for the supervision and control
1227	1227	18 of inmates at correctional facilities.
1228	1228	19 (q) "Short-term employee" means an employee who is
1229	1229	20 employed for less than 2 consecutive calendar quarters during
1230	1230	21 a calendar year and who does not have a reasonable assurance
1231	1231	22 that he or she will be rehired by the same employer for the
1232	1232	23 same service in a subsequent calendar year.
1233	1233	24 (q-5) "State agency" means an agency directly responsible
1234	1234	25 to the Governor, as defined in Section 3.1 of the Executive
1235	1235	26 Reorganization Implementation Act, and the Illinois Commerce
1236	1236
1237	1237
1238	1238
1239	1239
1240	1240
1241	1241	SB0280 - 34 - LRB103 24970 AMQ 51304 b
1242	1242
1243	1243
1244	1244	SB0280- 35 -LRB103 24970 AMQ 51304 b SB0280 - 35 - LRB103 24970 AMQ 51304 b
1245	1245	SB0280 - 35 - LRB103 24970 AMQ 51304 b
1246	1246	1 Commission, the Illinois Workers' Compensation Commission, the
1247	1247	2 Civil Service Commission, the Pollution Control Board, the
1248	1248	3 Illinois Racing Board, and the Illinois State Police Merit
1249	1249	4 Board.
1250	1250	5 (r) "Supervisor" is:
1251	1251	6 (1) An employee whose principal work is substantially
1252	1252	7 different from that of his or her subordinates and who has
1253	1253	8 authority, in the interest of the employer, to hire,
1254	1254	9 transfer, suspend, lay off, recall, promote, discharge,
1255	1255	10 direct, reward, or discipline employees, to adjust their
1256	1256	11 grievances, or to effectively recommend any of those
1257	1257	12 actions, if the exercise of that authority is not of a
1258	1258	13 merely routine or clerical nature, but requires the
1259	1259	14 consistent use of independent judgment. Except with
1260	1260	15 respect to police employment, the term "supervisor"
1261	1261	16 includes only those individuals who devote a preponderance
1262	1262	17 of their employment time to exercising that authority,
1263	1263	18 State supervisors notwithstanding. Determinations of
1264	1264	19 supervisor status shall be based on actual employee job
1265	1265	20 duties and not solely on written job descriptions. Nothing
1266	1266	21 in this definition prohibits an individual from also
1267	1267	22 meeting the definition of "managerial employee" under
1268	1268	23 subsection (j) of this Section. In addition, in
1269	1269	24 determining supervisory status in police employment, rank
1270	1270	25 shall not be determinative. The Board shall consider, as
1271	1271	26 evidence of bargaining unit inclusion or exclusion, the
1272	1272
1273	1273
1274	1274
1275	1275
1276	1276
1277	1277	SB0280 - 35 - LRB103 24970 AMQ 51304 b
1278	1278
1279	1279
1280	1280	SB0280- 36 -LRB103 24970 AMQ 51304 b SB0280 - 36 - LRB103 24970 AMQ 51304 b
1281	1281	SB0280 - 36 - LRB103 24970 AMQ 51304 b
1282	1282	1 common law enforcement policies and relationships between
1283	1283	2 police officer ranks and certification under applicable
1284	1284	3 civil service law, ordinances, personnel codes, or
1285	1285	4 Division 2.1 of Article 10 of the Illinois Municipal Code,
1286	1286	5 but these factors shall not be the sole or predominant
1287	1287	6 factors considered by the Board in determining police
1288	1288	7 supervisory status.
1289	1289	8 Notwithstanding the provisions of the preceding
1290	1290	9 paragraph, in determining supervisory status in fire
1291	1291	10 fighter employment, no fire fighter shall be excluded as a
1292	1292	11 supervisor who has established representation rights under
1293	1293	12 Section 9 of this Act. Further, in fire fighter units,
1294	1294	13 employees shall consist of fire fighters of the highest
1295	1295	14 rank of company officer and below. A company officer may
1296	1296	15 be responsible for multiple companies or apparatus on a
1297	1297	16 shift, multiple stations, or an entire shift. There may be
1298	1298	17 more than one company officer per shift. If a company
1299	1299	18 officer otherwise qualifies as a supervisor under the
1300	1300	19 preceding paragraph, however, he or she shall not be
1301	1301	20 included in the fire fighter unit. If there is no rank
1302	1302	21 between that of chief and the highest company officer, the
1303	1303	22 employer may designate a position on each shift as a Shift
1304	1304	23 Commander, and the persons occupying those positions shall
1305	1305	24 be supervisors. All other ranks above that of the highest
1306	1306	25 company officer shall be supervisors.
1307	1307	26 (2) With respect only to State employees in positions
1308	1308
1309	1309
1310	1310
1311	1311
1312	1312
1313	1313	SB0280 - 36 - LRB103 24970 AMQ 51304 b
1314	1314
1315	1315
1316	1316	SB0280- 37 -LRB103 24970 AMQ 51304 b SB0280 - 37 - LRB103 24970 AMQ 51304 b
1317	1317	SB0280 - 37 - LRB103 24970 AMQ 51304 b
1318	1318	1 under the jurisdiction of the Attorney General, Secretary
1319	1319	2 of State, Comptroller, or Treasurer (i) that were
1320	1320	3 certified in a bargaining unit on or after December 2,
1321	1321	4 2008, (ii) for which a petition is filed with the Illinois
1322	1322	5 Public Labor Relations Board on or after April 5, 2013
1323	1323	6 (the effective date of Public Act 97-1172), or (iii) for
1324	1324	7 which a petition is pending before the Illinois Public
1325	1325	8 Labor Relations Board on that date, an employee who
1326	1326	9 qualifies as a supervisor under (A) Section 152 of the
1327	1327	10 National Labor Relations Act and (B) orders of the
1328	1328	11 National Labor Relations Board interpreting that provision
1329	1329	12 or decisions of courts reviewing decisions of the National
1330	1330	13 Labor Relations Board.
1331	1331	14 (s)(1) "Unit" means a class of jobs or positions that are
1332	1332	15 held by employees whose collective interests may suitably be
1333	1333	16 represented by a labor organization for collective bargaining.
1334	1334	17 Except with respect to non-State fire fighters and paramedics
1335	1335	18 employed by fire departments and fire protection districts,
1336	1336	19 non-State peace officers, and peace officers in the Illinois
1337	1337	20 State Police, a bargaining unit determined by the Board shall
1338	1338	21 not include both employees and supervisors, or supervisors
1339	1339	22 only, except as provided in paragraph (2) of this subsection
1340	1340	23 (s) and except for bargaining units in existence on July 1,
1341	1341	24 1984 (the effective date of this Act). With respect to
1342	1342	25 non-State fire fighters and paramedics employed by fire
1343	1343	26 departments and fire protection districts, non-State peace
1344	1344
1345	1345
1346	1346
1347	1347
1348	1348
1349	1349	SB0280 - 37 - LRB103 24970 AMQ 51304 b
1350	1350
1351	1351
1352	1352	SB0280- 38 -LRB103 24970 AMQ 51304 b SB0280 - 38 - LRB103 24970 AMQ 51304 b
1353	1353	SB0280 - 38 - LRB103 24970 AMQ 51304 b
1354	1354	1 officers, and peace officers in the Illinois State Police, a
1355	1355	2 bargaining unit determined by the Board shall not include both
1356	1356	3 supervisors and nonsupervisors, or supervisors only, except as
1357	1357	4 provided in paragraph (2) of this subsection (s) and except
1358	1358	5 for bargaining units in existence on January 1, 1986 (the
1359	1359	6 effective date of this amendatory Act of 1985). A bargaining
1360	1360	7 unit determined by the Board to contain peace officers shall
1361	1361	8 contain no employees other than peace officers unless
1362	1362	9 otherwise agreed to by the employer and the labor organization
1363	1363	10 or labor organizations involved. Notwithstanding any other
1364	1364	11 provision of this Act, a bargaining unit, including a
1365	1365	12 historical bargaining unit, containing sworn peace officers of
1366	1366	13 the Department of Natural Resources (formerly designated the
1367	1367	14 Department of Conservation) shall contain no employees other
1368	1368	15 than such sworn peace officers upon the effective date of this
1369	1369	16 amendatory Act of 1990 or upon the expiration date of any
1370	1370	17 collective bargaining agreement in effect upon the effective
1371	1371	18 date of this amendatory Act of 1990 covering both such sworn
1372	1372	19 peace officers and other employees.
1373	1373	20 (2) Notwithstanding the exclusion of supervisors from
1374	1374	21 bargaining units as provided in paragraph (1) of this
1375	1375	22 subsection (s), a public employer may agree to permit its
1376	1376	23 supervisory employees to form bargaining units and may bargain
1377	1377	24 with those units. This Act shall apply if the public employer
1378	1378	25 chooses to bargain under this subsection.
1379	1379	26 (3) Public employees who are court reporters, as defined
1380	1380
1381	1381
1382	1382
1383	1383
1384	1384
1385	1385	SB0280 - 38 - LRB103 24970 AMQ 51304 b
1386	1386
1387	1387
1388	1388	SB0280- 39 -LRB103 24970 AMQ 51304 b SB0280 - 39 - LRB103 24970 AMQ 51304 b
1389	1389	SB0280 - 39 - LRB103 24970 AMQ 51304 b
1390	1390	1 in the Court Reporters Act, shall be divided into 3 units for
1391	1391	2 collective bargaining purposes. One unit shall be court
1392	1392	3 reporters employed by the Cook County Judicial Circuit; one
1393	1393	4 unit shall be court reporters employed by the 12th, 18th,
1394	1394	5 19th, and, on and after December 4, 2006, the 22nd judicial
1395	1395	6 circuits; and one unit shall be court reporters employed by
1396	1396	7 all other judicial circuits.
1397	1397	8 (t) "Active petition for certification in a bargaining
1398	1398	9 unit" means a petition for certification filed with the Board
1399	1399	10 under one of the following case numbers: S-RC-11-110;
1400	1400	11 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
1401	1401	12 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
1402	1402	13 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
1403	1403	14 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
1404	1404	15 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
1405	1405	16 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
1406	1406	17 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
1407	1407	18 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
1408	1408	19 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
1409	1409	20 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
1410	1410	21 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
1411	1411	22 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
1412	1412	23 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
1413	1413	24 S-RC-07-100.
1414	1414	25 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
1415	1415	26 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
1416	1416
1417	1417
1418	1418
1419	1419
1420	1420
1421	1421	SB0280 - 39 - LRB103 24970 AMQ 51304 b
1422	1422
1423	1423
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1426	1426	1 Section 55. The State Officials and Employees Ethics Act
1427	1427	2 is amended by changing Sections 5-45 and 5-50 as follows:
1428	1428	3 (5 ILCS 430/5-45)
1429	1429	4 Sec. 5-45. Procurement; revolving door prohibition.
1430	1430	5 (a) No former officer, member, or State employee, or
1431	1431	6 spouse or immediate family member living with such person,
1432	1432	7 shall, within a period of one year immediately after
1433	1433	8 termination of State employment, knowingly accept employment
1434	1434	9 or receive compensation or fees for services from a person or
1435	1435	10 entity if the officer, member, or State employee, during the
1436	1436	11 year immediately preceding termination of State employment,
1437	1437	12 participated personally and substantially in the award or
1438	1438	13 fiscal administration of State contracts, or the issuance of
1439	1439	14 State contract change orders, with a cumulative value of
1440	1440	15 $25,000 or more to the person or entity, or its parent or
1441	1441	16 subsidiary.
1442	1442	17 (a-5) No officer, member, or spouse or immediate family
1443	1443	18 member living with such person shall, during the officer or
1444	1444	19 member's term in office or within a period of 2 years
1445	1445	20 immediately leaving office, hold an ownership interest, other
1446	1446	21 than a passive interest in a publicly traded company, in any
1447	1447	22 gaming license under the Illinois Gambling Act, the Video
1448	1448	23 Gaming Act, the Illinois Horse Racing Act of 1975, or the
1449	1449	24 Sports Wagering Act. Any member of the General Assembly or
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1460	1460	1 spouse or immediate family member living with such person who
1461	1461	2 has an ownership interest, other than a passive interest in a
1462	1462	3 publicly traded company, in any gaming license under the
1463	1463	4 Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
1464	1464	5 the Video Gaming Act, or the Sports Wagering Act at the time of
1465	1465	6 the effective date of this amendatory Act of the 101st General
1466	1466	7 Assembly shall divest himself or herself of such ownership
1467	1467	8 within one year after the effective date of this amendatory
1468	1468	9 Act of the 101st General Assembly. No State employee who works
1469	1469	10 for the Department of Lottery and Gaming Illinois Gaming Board
1470	1470	11 or Illinois Racing Board or spouse or immediate family member
1471	1471	12 living with such person shall, during State employment or
1472	1472	13 within a period of 2 years immediately after termination of
1473	1473	14 State employment, hold an ownership interest, other than a
1474	1474	15 passive interest in a publicly traded company, in any gaming
1475	1475	16 license under the Illinois Gambling Act, the Video Gaming Act,
1476	1476	17 the Illinois Horse Racing Act of 1975, or the Sports Wagering
1477	1477	18 Act.
1478	1478	19 (a-10) This subsection (a-10) applies on and after June
1479	1479	20 25, 2021. No officer, member, or spouse or immediate family
1480	1480	21 member living with such person, shall, during the officer or
1481	1481	22 member's term in office or within a period of 2 years
1482	1482	23 immediately after leaving office, hold an ownership interest,
1483	1483	24 other than a passive interest in a publicly traded company, in
1484	1484	25 any cannabis business establishment which is licensed under
1485	1485	26 the Cannabis Regulation and Tax Act. Any member of the General
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1496	1496	1 Assembly or spouse or immediate family member living with such
1497	1497	2 person who has an ownership interest, other than a passive
1498	1498	3 interest in a publicly traded company, in any cannabis
1499	1499	4 business establishment which is licensed under the Cannabis
1500	1500	5 Regulation and Tax Act at the time of the effective date of
1501	1501	6 this amendatory Act of the 101st General Assembly shall divest
1502	1502	7 himself or herself of such ownership within one year after the
1503	1503	8 effective date of this amendatory Act of the 101st General
1504	1504	9 Assembly.
1505	1505	10 No State employee who works for any State agency that
1506	1506	11 regulates cannabis business establishment license holders who
1507	1507	12 participated personally and substantially in the award of
1508	1508	13 licenses under the Cannabis Regulation and Tax Act or a spouse
1509	1509	14 or immediate family member living with such person shall,
1510	1510	15 during State employment or within a period of 2 years
1511	1511	16 immediately after termination of State employment, hold an
1512	1512	17 ownership interest, other than a passive interest in a
1513	1513	18 publicly traded company, in any cannabis license under the
1514	1514	19 Cannabis Regulation and Tax Act.
1515	1515	20 (b) No former officer of the executive branch or State
1516	1516	21 employee of the executive branch with regulatory or licensing
1517	1517	22 authority, or spouse or immediate family member living with
1518	1518	23 such person, shall, within a period of one year immediately
1519	1519	24 after termination of State employment, knowingly accept
1520	1520	25 employment or receive compensation or fees for services from a
1521	1521	26 person or entity if the officer or State employee, during the
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1532	1532	1 year immediately preceding termination of State employment,
1533	1533	2 participated personally and substantially in making a
1534	1534	3 regulatory or licensing decision that directly applied to the
1535	1535	4 person or entity, or its parent or subsidiary.
1536	1536	5 (b-5) Beginning January 1, 2022, no former officer of the
1537	1537	6 executive branch shall engage in activities at the State level
1538	1538	7 that require registration under the Lobbyist Registration Act
1539	1539	8 during the term of which he or she was elected or appointed
1540	1540	9 until 6 months after leaving office.
1541	1541	10 (b-7) Beginning the second Wednesday in January of 2023,
1542	1542	11 no former member shall engage in activities at the State level
1543	1543	12 that require registration under the Lobbyist Registration Act
1544	1544	13 in a General Assembly of which he or she was a member until 6
1545	1545	14 months after leaving office.
1546	1546	15 (c) Within 6 months after the effective date of this
1547	1547	16 amendatory Act of the 96th General Assembly, each executive
1548	1548	17 branch constitutional officer and legislative leader, the
1549	1549	18 Auditor General, and the Joint Committee on Legislative
1550	1550	19 Support Services shall adopt a policy delineating which State
1551	1551	20 positions under his or her jurisdiction and control, by the
1552	1552	21 nature of their duties, may have the authority to participate
1553	1553	22 personally and substantially in the award or fiscal
1554	1554	23 administration of State contracts or in regulatory or
1555	1555	24 licensing decisions. The Governor shall adopt such a policy
1556	1556	25 for all State employees of the executive branch not under the
1557	1557	26 jurisdiction and control of any other executive branch
1558	1558
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1568	1568	1 constitutional officer.
1569	1569	2 The policies required under subsection (c) of this Section
1570	1570	3 shall be filed with the appropriate ethics commission
1571	1571	4 established under this Act or, for the Auditor General, with
1572	1572	5 the Office of the Auditor General.
1573	1573	6 (d) Each Inspector General shall have the authority to
1574	1574	7 determine that additional State positions under his or her
1575	1575	8 jurisdiction, not otherwise subject to the policies required
1576	1576	9 by subsection (c) of this Section, are nonetheless subject to
1577	1577	10 the notification requirement of subsection (f) below due to
1578	1578	11 their involvement in the award or fiscal administration of
1579	1579	12 State contracts or in regulatory or licensing decisions.
1580	1580	13 (e) The Joint Committee on Legislative Support Services,
1581	1581	14 the Auditor General, and each of the executive branch
1582	1582	15 constitutional officers and legislative leaders subject to
1583	1583	16 subsection (c) of this Section shall provide written
1584	1584	17 notification to all employees in positions subject to the
1585	1585	18 policies required by subsection (c) or a determination made
1586	1586	19 under subsection (d): (1) upon hiring, promotion, or transfer
1587	1587	20 into the relevant position; and (2) at the time the employee's
1588	1588	21 duties are changed in such a way as to qualify that employee.
1589	1589	22 An employee receiving notification must certify in writing
1590	1590	23 that the person was advised of the prohibition and the
1591	1591	24 requirement to notify the appropriate Inspector General in
1592	1592	25 subsection (f).
1593	1593	26 (f) Any State employee in a position subject to the
1594	1594
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1604	1604	1 policies required by subsection (c) or to a determination
1605	1605	2 under subsection (d), but who does not fall within the
1606	1606	3 prohibition of subsection (h) below, who is offered non-State
1607	1607	4 employment during State employment or within a period of one
1608	1608	5 year immediately after termination of State employment shall,
1609	1609	6 prior to accepting such non-State employment, notify the
1610	1610	7 appropriate Inspector General. Within 10 calendar days after
1611	1611	8 receiving notification from an employee in a position subject
1612	1612	9 to the policies required by subsection (c), such Inspector
1613	1613	10 General shall make a determination as to whether the State
1614	1614	11 employee is restricted from accepting such employment by
1615	1615	12 subsection (a) or (b). In making a determination, in addition
1616	1616	13 to any other relevant information, an Inspector General shall
1617	1617	14 assess the effect of the prospective employment or
1618	1618	15 relationship upon decisions referred to in subsections (a) and
1619	1619	16 (b), based on the totality of the participation by the former
1620	1620	17 officer, member, or State employee in those decisions. A
1621	1621	18 determination by an Inspector General must be in writing,
1622	1622	19 signed and dated by the Inspector General, and delivered to
1623	1623	20 the subject of the determination within 10 calendar days or
1624	1624	21 the person is deemed eligible for the employment opportunity.
1625	1625	22 For purposes of this subsection, "appropriate Inspector
1626	1626	23 General" means (i) for members and employees of the
1627	1627	24 legislative branch, the Legislative Inspector General; (ii)
1628	1628	25 for the Auditor General and employees of the Office of the
1629	1629	26 Auditor General, the Inspector General provided for in Section
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1640	1640	1 30-5 of this Act; and (iii) for executive branch officers and
1641	1641	2 employees, the Inspector General having jurisdiction over the
1642	1642	3 officer or employee. Notice of any determination of an
1643	1643	4 Inspector General and of any such appeal shall be given to the
1644	1644	5 ultimate jurisdictional authority, the Attorney General, and
1645	1645	6 the Executive Ethics Commission.
1646	1646	7 (g) An Inspector General's determination regarding
1647	1647	8 restrictions under subsection (a) or (b) may be appealed to
1648	1648	9 the appropriate Ethics Commission by the person subject to the
1649	1649	10 decision or the Attorney General no later than the 10th
1650	1650	11 calendar day after the date of the determination.
1651	1651	12 On appeal, the Ethics Commission or Auditor General shall
1652	1652	13 seek, accept, and consider written public comments regarding a
1653	1653	14 determination. In deciding whether to uphold an Inspector
1654	1654	15 General's determination, the appropriate Ethics Commission or
1655	1655	16 Auditor General shall assess, in addition to any other
1656	1656	17 relevant information, the effect of the prospective employment
1657	1657	18 or relationship upon the decisions referred to in subsections
1658	1658	19 (a) and (b), based on the totality of the participation by the
1659	1659	20 former officer, member, or State employee in those decisions.
1660	1660	21 The Ethics Commission shall decide whether to uphold an
1661	1661	22 Inspector General's determination within 10 calendar days or
1662	1662	23 the person is deemed eligible for the employment opportunity.
1663	1663	24 (h) The following officers, members, or State employees
1664	1664	25 shall not, within a period of one year immediately after
1665	1665	26 termination of office or State employment, knowingly accept
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1676	1676	1 employment or receive compensation or fees for services from a
1677	1677	2 person or entity if the person or entity or its parent or
1678	1678	3 subsidiary, during the year immediately preceding termination
1679	1679	4 of State employment, was a party to a State contract or
1680	1680	5 contracts with a cumulative value of $25,000 or more involving
1681	1681	6 the officer, member, or State employee's State agency, or was
1682	1682	7 the subject of a regulatory or licensing decision involving
1683	1683	8 the officer, member, or State employee's State agency,
1684	1684	9 regardless of whether he or she participated personally and
1685	1685	10 substantially in the award or fiscal administration of the
1686	1686	11 State contract or contracts or the making of the regulatory or
1687	1687	12 licensing decision in question:
1688	1688	13 (1) members or officers;
1689	1689	14 (2) members of a commission or board created by the
1690	1690	15 Illinois Constitution;
1691	1691	16 (3) persons whose appointment to office is subject to
1692	1692	17 the advice and consent of the Senate;
1693	1693	18 (4) the head of a department, commission, board,
1694	1694	19 division, bureau, authority, or other administrative unit
1695	1695	20 within the government of this State;
1696	1696	21 (5) chief procurement officers, State purchasing
1697	1697	22 officers, and their designees whose duties are directly
1698	1698	23 related to State procurement;
1699	1699	24 (6) chiefs of staff, deputy chiefs of staff, associate
1700	1700	25 chiefs of staff, assistant chiefs of staff, and deputy
1701	1701	26 governors, or any other position that holds an equivalent
1702	1702
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1712	1712	1 level of managerial oversight;
1713	1713	2 (7) employees of the Division of Horse Racing of the
1714	1714	3 Department of Lottery and Gaming Illinois Racing Board;
1715	1715	4 and
1716	1716	5 (8) employees of the Division of Casino Gambling of
1717	1717	6 the Department of Lottery and Gaming Illinois Gaming
1718	1718	7 Board.
1719	1719	8 (i) For the purposes of this Section, with respect to
1720	1720	9 officers or employees of a regional transit board, as defined
1721	1721	10 in this Act, the phrase "person or entity" does not include:
1722	1722	11 (i) the United States government, (ii) the State, (iii)
1723	1723	12 municipalities, as defined under Article VII, Section 1 of the
1724	1724	13 Illinois Constitution, (iv) units of local government, as
1725	1725	14 defined under Article VII, Section 1 of the Illinois
1726	1726	15 Constitution, or (v) school districts.
1727	1727	16 (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19;
1728	1728	17 102-664, eff. 1-1-22.)
1729	1729	18 (5 ILCS 430/5-50)
1730	1730	19 Sec. 5-50. Ex parte communications; special government
1731	1731	20 agents.
1732	1732	21 (a) This Section applies to ex parte communications made
1733	1733	22 to any agency listed in subsection (e).
1734	1734	23 (b) "Ex parte communication" means any written or oral
1735	1735	24 communication by any person that imparts or requests material
1736	1736	25 information or makes a material argument regarding potential
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1747	1747	1 action concerning regulatory, quasi-adjudicatory, investment,
1748	1748	2 or licensing matters pending before or under consideration by
1749	1749	3 the agency. "Ex parte communication" does not include the
1750	1750	4 following: (i) statements by a person publicly made in a
1751	1751	5 public forum; (ii) statements regarding matters of procedure
1752	1752	6 and practice, such as format, the number of copies required,
1753	1753	7 the manner of filing, and the status of a matter; and (iii)
1754	1754	8 statements made by a State employee of the agency to the agency
1755	1755	9 head or other employees of that agency.
1756	1756	10 (b-5) An ex parte communication received by an agency,
1757	1757	11 agency head, or other agency employee from an interested party
1758	1758	12 or his or her official representative or attorney shall
1759	1759	13 promptly be memorialized and made a part of the record.
1760	1760	14 (c) An ex parte communication received by any agency,
1761	1761	15 agency head, or other agency employee, other than an ex parte
1762	1762	16 communication described in subsection (b-5), shall immediately
1763	1763	17 be reported to that agency's ethics officer by the recipient
1764	1764	18 of the communication and by any other employee of that agency
1765	1765	19 who responds to the communication. The ethics officer shall
1766	1766	20 require that the ex parte communication be promptly made a
1767	1767	21 part of the record. The ethics officer shall promptly file the
1768	1768	22 ex parte communication with the Executive Ethics Commission,
1769	1769	23 including all written communications, all written responses to
1770	1770	24 the communications, and a memorandum prepared by the ethics
1771	1771	25 officer stating the nature and substance of all oral
1772	1772	26 communications, the identity and job title of the person to
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1783	1783	1 whom each communication was made, all responses made, the
1784	1784	2 identity and job title of the person making each response, the
1785	1785	3 identity of each person from whom the written or oral ex parte
1786	1786	4 communication was received, the individual or entity
1787	1787	5 represented by that person, any action the person requested or
1788	1788	6 recommended, and any other pertinent information. The
1789	1789	7 disclosure shall also contain the date of any ex parte
1790	1790	8 communication.
1791	1791	9 (d) "Interested party" means a person or entity whose
1792	1792	10 rights, privileges, or interests are the subject of or are
1793	1793	11 directly affected by a regulatory, quasi-adjudicatory,
1794	1794	12 investment, or licensing matter. For purposes of an ex parte
1795	1795	13 communication received by either the Illinois Commerce
1796	1796	14 Commission or the Illinois Power Agency, "interested party"
1797	1797	15 also includes: (1) an organization comprised of 2 or more
1798	1798	16 businesses, persons, nonprofit entities, or any combination
1799	1799	17 thereof, that are working in concert to advance public policy
1800	1800	18 advocated by the organization, or (2) any party selling
1801	1801	19 renewable energy resources procured by the Illinois Power
1802	1802	20 Agency pursuant to Section 16-111.5 of the Public Utilities
1803	1803	21 Act and Section 1-75 of the Illinois Power Agency Act.
1804	1804	22 (e) This Section applies to the following agencies:
1805	1805	23 Executive Ethics Commission
1806	1806	24 Illinois Commerce Commission
1807	1807	25 Illinois Power Agency
1808	1808	26 Educational Labor Relations Board
1809	1809
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1819	1819	1 State Board of Elections
1820	1820	2 Illinois Gaming Board
1821	1821	3 Health Facilities and Services Review Board
1822	1822	4 Illinois Workers' Compensation Commission
1823	1823	5 Illinois Labor Relations Board
1824	1824	6 Illinois Liquor Control Commission
1825	1825	7 Pollution Control Board
1826	1826	8 Property Tax Appeal Board
1827	1827	9 Department of Lottery and Gaming Illinois Racing Board
1828	1828	10 Illinois Purchased Care Review Board
1829	1829	11 Illinois State Police Merit Board
1830	1830	12 Motor Vehicle Review Board
1831	1831	13 Prisoner Review Board
1832	1832	14 Civil Service Commission
1833	1833	15 Personnel Review Board for the Treasurer
1834	1834	16 Merit Commission for the Secretary of State
1835	1835	17 Merit Commission for the Office of the Comptroller
1836	1836	18 Court of Claims
1837	1837	19 Board of Review of the Department of Employment Security
1838	1838	20 Department of Insurance
1839	1839	21 Department of Professional Regulation and licensing boards
1840	1840	22 under the Department
1841	1841	23 Department of Public Health and licensing boards under the
1842	1842	24 Department
1843	1843	25 Office of Banks and Real Estate and licensing boards under
1844	1844	26 the Office
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1855	1855	1 State Employees Retirement System Board of Trustees
1856	1856	2 Judges Retirement System Board of Trustees
1857	1857	3 General Assembly Retirement System Board of Trustees
1858	1858	4 Illinois Board of Investment
1859	1859	5 State Universities Retirement System Board of Trustees
1860	1860	6 Teachers Retirement System Officers Board of Trustees
1861	1861	7 (f) Any person who fails to (i) report an ex parte
1862	1862	8 communication to an ethics officer, (ii) make information part
1863	1863	9 of the record, or (iii) make a filing with the Executive Ethics
1864	1864	10 Commission as required by this Section or as required by
1865	1865	11 Section 5-165 of the Illinois Administrative Procedure Act
1866	1866	12 violates this Act.
1867	1867	13 (Source: P.A. 102-538, eff. 8-20-21; 102-662, eff. 9-15-21;
1868	1868	14 102-813, eff. 5-13-22.)
1869	1869	15 Section 60. The Executive Reorganization Implementation
1870	1870	16 Act is amended by changing Section 3.1 as follows:
1871	1871	17 (15 ILCS 15/3.1)
1872	1872	18 Sec. 3.1. "Agency directly responsible to the Governor" or
1873	1873	19 "agency" means any office, officer, division, or part thereof,
1874	1874	20 and any other office, nonelective officer, department,
1875	1875	21 division, bureau, board, or commission in the executive branch
1876	1876	22 of State government, except that it does not apply to any
1877	1877	23 agency whose primary function is service to the General
1878	1878	24 Assembly or the Judicial Branch of State government, or to any
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1888	1888	SB0280 - 53 - LRB103 24970 AMQ 51304 b
1889	1889	1 agency administered by the Attorney General, Secretary of
1890	1890	2 State, State Comptroller or State Treasurer. In addition the
1891	1891	3 term does not apply to the following agencies created by law
1892	1892	4 with the primary responsibility of exercising regulatory or
1893	1893	5 adjudicatory functions independently of the Governor:
1894	1894	6 (1) the State Board of Elections;
1895	1895	7 (2) the State Board of Education;
1896	1896	8 (3) the Illinois Commerce Commission;
1897	1897	9 (4) the Illinois Workers' Compensation Commission;
1898	1898	10 (5) the Civil Service Commission;
1899	1899	11 (6) the Fair Employment Practices Commission;
1900	1900	12 (7) the Pollution Control Board;
1901	1901	13 (8) the Illinois State Police Merit Board;
1902	1902	14 (9) (blank); the Illinois Racing Board;
1903	1903	15 (10) the Illinois Power Agency;
1904	1904	16 (11) the Illinois Law Enforcement Training Standards
1905	1905	17 Board; and
1906	1906	18 (12) the Illinois Liquor Control Commission.
1907	1907	19 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
1908	1908	20 Section 65. The Departments of State Government Law of the
1909	1909	21 Civil Administrative Code of Illinois is amended by changing
1910	1910	22 Sections 5-15 and 5-20 as follows:
1911	1911	23 (20 ILCS 5/5-15) (was 20 ILCS 5/3)
1912	1912	24 Sec. 5-15. Departments of State government. The
1913	1913
1914	1914
1915	1915
1916	1916
1917	1917
1918	1918	SB0280 - 53 - LRB103 24970 AMQ 51304 b
1919	1919
1920	1920
1921	1921	SB0280- 54 -LRB103 24970 AMQ 51304 b SB0280 - 54 - LRB103 24970 AMQ 51304 b
1922	1922	SB0280 - 54 - LRB103 24970 AMQ 51304 b
1923	1923	1 Departments of State government are created as follows:
1924	1924	2 The Department on Aging.
1925	1925	3 The Department of Agriculture.
1926	1926	4 The Department of Central Management Services.
1927	1927	5 The Department of Children and Family Services.
1928	1928	6 The Department of Commerce and Economic Opportunity.
1929	1929	7 The Department of Corrections.
1930	1930	8 The Department of Employment Security.
1931	1931	9 The Illinois Emergency Management Agency.
1932	1932	10 The Department of Financial and Professional Regulation.
1933	1933	11 The Department of Healthcare and Family Services.
1934	1934	12 The Department of Human Rights.
1935	1935	13 The Department of Human Services.
1936	1936	14 The Department of Innovation and Technology.
1937	1937	15 The Department of Insurance.
1938	1938	16 The Department of Juvenile Justice.
1939	1939	17 The Department of Labor.
1940	1940	18 The Department of the Lottery and Gaming.
1941	1941	19 The Department of Natural Resources.
1942	1942	20 The Department of Public Health.
1943	1943	21 The Department of Revenue.
1944	1944	22 The Illinois State Police.
1945	1945	23 The Department of Transportation.
1946	1946	24 The Department of Veterans' Affairs.
1947	1947	25 (Source: P.A. 102-538, eff. 8-20-21.)
1948	1948
1949	1949
1950	1950
1951	1951
1952	1952
1953	1953	SB0280 - 54 - LRB103 24970 AMQ 51304 b
1954	1954
1955	1955
1956	1956	SB0280- 55 -LRB103 24970 AMQ 51304 b SB0280 - 55 - LRB103 24970 AMQ 51304 b
1957	1957	SB0280 - 55 - LRB103 24970 AMQ 51304 b
1958	1958	1 (20 ILCS 5/5-20) (was 20 ILCS 5/4)
1959	1959	2 Sec. 5-20. Heads of departments. Each department shall
1960	1960	3 have an officer as its head who shall be known as director or
1961	1961	4 secretary and who shall, subject to the provisions of the
1962	1962	5 Civil Administrative Code of Illinois, execute the powers and
1963	1963	6 discharge the duties vested by law in his or her respective
1964	1964	7 department.
1965	1965	8 The following officers are hereby created:
1966	1966	9 Director of Aging, for the Department on Aging.
1967	1967	10 Director of Agriculture, for the Department of
1968	1968	11 Agriculture.
1969	1969	12 Director of Central Management Services, for the
1970	1970	13 Department of Central Management Services.
1971	1971	14 Director of Children and Family Services, for the
1972	1972	15 Department of Children and Family Services.
1973	1973	16 Director of Commerce and Economic Opportunity, for the
1974	1974	17 Department of Commerce and Economic Opportunity.
1975	1975	18 Director of Corrections, for the Department of
1976	1976	19 Corrections.
1977	1977	20 Director of the Illinois Emergency Management Agency, for
1978	1978	21 the Illinois Emergency Management Agency.
1979	1979	22 Director of Employment Security, for the Department of
1980	1980	23 Employment Security.
1981	1981	24 Secretary of Financial and Professional Regulation, for
1982	1982	25 the Department of Financial and Professional Regulation.
1983	1983	26 Director of Healthcare and Family Services, for the
1984	1984
1985	1985
1986	1986
1987	1987
1988	1988
1989	1989	SB0280 - 55 - LRB103 24970 AMQ 51304 b
1990	1990
1991	1991
1992	1992	SB0280- 56 -LRB103 24970 AMQ 51304 b SB0280 - 56 - LRB103 24970 AMQ 51304 b
1993	1993	SB0280 - 56 - LRB103 24970 AMQ 51304 b
1994	1994	1 Department of Healthcare and Family Services.
1995	1995	2 Director of Human Rights, for the Department of Human
1996	1996	3 Rights.
1997	1997	4 Secretary of Human Services, for the Department of Human
1998	1998	5 Services.
1999	1999	6 Secretary of Innovation and Technology, for the Department
2000	2000	7 of Innovation and Technology.
2001	2001	8 Director of Insurance, for the Department of Insurance.
2002	2002	9 Director of Juvenile Justice, for the Department of
2003	2003	10 Juvenile Justice.
2004	2004	11 Director of Labor, for the Department of Labor.
2005	2005	12 Director of the Lottery, for the Department of the
2006	2006	13 Lottery.
2007	2007	14 Director of Natural Resources, for the Department of
2008	2008	15 Natural Resources.
2009	2009	16 Director of Public Health, for the Department of Public
2010	2010	17 Health.
2011	2011	18 Director of Revenue, for the Department of Revenue.
2012	2012	19 Director of the Illinois State Police, for the Illinois
2013	2013	20 State Police.
2014	2014	21 Secretary of Transportation, for the Department of
2015	2015	22 Transportation.
2016	2016	23 Director of Veterans' Affairs, for the Department of
2017	2017	24 Veterans' Affairs.
2018	2018	25 (Source: P.A. 102-538, eff. 8-20-21.)
2019	2019
2020	2020
2021	2021
2022	2022
2023	2023
2024	2024	SB0280 - 56 - LRB103 24970 AMQ 51304 b
2025	2025
2026	2026
2027	2027	SB0280- 57 -LRB103 24970 AMQ 51304 b SB0280 - 57 - LRB103 24970 AMQ 51304 b
2028	2028	SB0280 - 57 - LRB103 24970 AMQ 51304 b
2029	2029	1 (20 ILCS 5/5-372 rep.)
2030	2030	2 Section 70. The Departments of State Government Law of the
2031	2031	3 Civil Administrative Code of Illinois is amended by repealing
2032	2032	4 Section 5-372.
2033	2033	5 Section 75. The Department of Innovation and Technology
2034	2034	6 Act is amended by changing Section 1-5 as follows:
2035	2035	7 (20 ILCS 1370/1-5)
2036	2036	8 Sec. 1-5. Definitions. In this Act:
2037	2037	9 "Client agency" means each transferring agency, or its
2038	2038	10 successor, and any other public agency to which the Department
2039	2039	11 provides service to the extent specified in an interagency
2040	2040	12 agreement with the public agency.
2041	2041	13 "Dedicated unit" means the dedicated bureau, division,
2042	2042	14 office, or other unit within a transferring agency that is
2043	2043	15 responsible for the information technology functions of the
2044	2044	16 transferring agency.
2045	2045	17 "Department" means the Department of Innovation and
2046	2046	18 Technology.
2047	2047	19 "Information technology" means technology,
2048	2048	20 infrastructure, equipment, systems, software, networks, and
2049	2049	21 processes used to create, send, receive, and store electronic
2050	2050	22 or digital information, including, without limitation,
2051	2051	23 computer systems and telecommunication services and systems.
2052	2052	24 "Information technology" shall be construed broadly to
2053	2053
2054	2054
2055	2055
2056	2056
2057	2057
2058	2058	SB0280 - 57 - LRB103 24970 AMQ 51304 b
2059	2059
2060	2060
2061	2061	SB0280- 58 -LRB103 24970 AMQ 51304 b SB0280 - 58 - LRB103 24970 AMQ 51304 b
2062	2062	SB0280 - 58 - LRB103 24970 AMQ 51304 b
2063	2063	1 incorporate future technologies that change or supplant those
2064	2064	2 in effect as of the effective date of this Act.
2065	2065	3 "Information technology functions" means the development,
2066	2066	4 procurement, installation, retention, maintenance, operation,
2067	2067	5 possession, storage, and related functions of all information
2068	2068	6 technology.
2069	2069	7 "Secretary" means the Secretary of Innovation and
2070	2070	8 Technology.
2071	2071	9 "State agency" means each State agency, department, board,
2072	2072	10 and commission under the jurisdiction of the Governor.
2073	2073	11 "Transferring agency" means the Department on Aging; the
2074	2074	12 Departments of Agriculture, Central Management Services,
2075	2075	13 Children and Family Services, Commerce and Economic
2076	2076	14 Opportunity, Corrections, Employment Security, Financial and
2077	2077	15 Professional Regulation, Healthcare and Family Services, Human
2078	2078	16 Rights, Human Services, Insurance, Juvenile Justice, Labor,
2079	2079	17 Lottery and Gaming, Military Affairs, Natural Resources,
2080	2080	18 Public Health, Revenue, Transportation, and Veterans' Affairs;
2081	2081	19 the Illinois State Police; the Capital Development Board; the
2082	2082	20 Deaf and Hard of Hearing Commission; the Environmental
2083	2083	21 Protection Agency; the Governor's Office of Management and
2084	2084	22 Budget; the Guardianship and Advocacy Commission; the Abraham
2085	2085	23 Lincoln Presidential Library and Museum; the Illinois Arts
2086	2086	24 Council; the Illinois Council on Developmental Disabilities;
2087	2087	25 the Illinois Emergency Management Agency; the Illinois Gaming
2088	2088	26 Board; the Illinois Liquor Control Commission; the Office of
2089	2089
2090	2090
2091	2091
2092	2092
2093	2093
2094	2094	SB0280 - 58 - LRB103 24970 AMQ 51304 b
2095	2095
2096	2096
2097	2097	SB0280- 59 -LRB103 24970 AMQ 51304 b SB0280 - 59 - LRB103 24970 AMQ 51304 b
2098	2098	SB0280 - 59 - LRB103 24970 AMQ 51304 b
2099	2099	1 the State Fire Marshal; and the Prisoner Review Board.
2100	2100	2 (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
2101	2101	3 102-813, eff. 5-13-22; 102-870, eff. 1-1-23.)
2102	2102	4 Section 80. The Illinois Lottery Law is amended by
2103	2103	5 changing Sections 3, 4, 5, 5.1, 7.1, 7.2, 7.3, 7.4, 7.5, 7.8,
2104	2104	6 7.8a, 7.11, 7.12, 7.15, 7.16, 8, 9, 9.1, 10, 10.1, 10.1a, 10.2,
2105	2105	7 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 12, 13, 13.1, 14, 14.3,
2106	2106	8 14.4, 15, 19, 20.1, 21, 21.3, 21.5, 21.6, 21.7, 21.8, 21.9,
2107	2107	9 21.10, 21.11, 21.12, 21.13, 24, and 25 as follows:
2108	2108	10 (20 ILCS 1605/3) (from Ch. 120, par. 1153)
2109	2109	11 Sec. 3. For the purposes of this Act:
2110	2110	12 a. "Lottery" or "State Lottery" means the lottery or
2111	2111	13 lotteries established and operated pursuant to this Act.
2112	2112	14 b. (Blank) "Board" means the Lottery Control Board created
2113	2113	15 by this Act.
2114	2114	16 c. "Department" means the Department of Lottery and Gaming
2115	2115	17 the Lottery.
2116	2116	18 d. (Blank).
2117	2117	19 e. (Blank) "Chairman" means the Chairman of the Lottery
2118	2118	20 Control Board.
2119	2119	21 f. "Multi-state game directors" means such persons,
2120	2120	22 including the Director, as may be designated by an agreement
2121	2121	23 between the Department and one or more additional lotteries
2122	2122	24 operated under the laws of another state or states.
2123	2123
2124	2124
2125	2125
2126	2126
2127	2127
2128	2128	SB0280 - 59 - LRB103 24970 AMQ 51304 b
2129	2129
2130	2130
2131	2131	SB0280- 60 -LRB103 24970 AMQ 51304 b SB0280 - 60 - LRB103 24970 AMQ 51304 b
2132	2132	SB0280 - 60 - LRB103 24970 AMQ 51304 b
2133	2133	1 g. "Division" means the Division of Lottery of the
2134	2134	2 Department of Lottery and Gaming (Blank).
2135	2135	3 h. "Director" means the Director of the Division of
2136	2136	4 Lottery of the Department of Lottery and Gaming Department of
2137	2137	5 the Lottery.
2138	2138	6 i. "Management agreement" means an agreement or contract
2139	2139	7 between the Department on behalf of the State with a private
2140	2140	8 manager, as an independent contractor, whereby the private
2141	2141	9 manager provides management services to the Lottery in
2142	2142	10 exchange for compensation that may consist of, among other
2143	2143	11 things, a fee for services and a performance-based bonus of no
2144	2144	12 more than 5% of Lottery profits so long as the Department
2145	2145	13 continues to exercise actual control over all significant
2146	2146	14 business decisions made by the private manager as set forth in
2147	2147	15 Section 9.1.
2148	2148	16 j. "Person" means any individual, firm, association, joint
2149	2149	17 venture, partnership, estate, trust, syndicate, fiduciary,
2150	2150	18 corporation, or other legal entity, group, or combination.
2151	2151	19 k. "Private manager" means a person that provides
2152	2152	20 management services to the Lottery on behalf of the Department
2153	2153	21 under a management agreement.
2154	2154	22 l. "Profits" means total revenues accruing from the sale
2155	2155	23 of lottery tickets or shares and related proceeds minus (1)
2156	2156	24 the payment of prizes and retailer bonuses and (2) the payment
2157	2157	25 of costs incurred in the operation and administration of the
2158	2158	26 lottery, excluding costs of services directly rendered by a
2159	2159
2160	2160
2161	2161
2162	2162
2163	2163
2164	2164	SB0280 - 60 - LRB103 24970 AMQ 51304 b
2165	2165
2166	2166
2167	2167	SB0280- 61 -LRB103 24970 AMQ 51304 b SB0280 - 61 - LRB103 24970 AMQ 51304 b
2168	2168	SB0280 - 61 - LRB103 24970 AMQ 51304 b
2169	2169	1 private manager.
2170	2170	2 m. "Chief Procurement Officer" means the Chief Procurement
2171	2171	3 Officer provided for under paragraph (4) of subsection (a) of
2172	2172	4 Section 10-20 of the Illinois Procurement Code.
2173	2173	5 (Source: P.A. 97-464, eff. 8-19-11; 98-499, eff. 8-16-13.)
2174	2174	6 (20 ILCS 1605/4) (from Ch. 120, par. 1154)
2175	2175	7 Sec. 4. The Division Department of the Lottery is
2176	2176	8 established to implement and regulate the State Lottery in the
2177	2177	9 manner provided in this Act.
2178	2178	10 (Source: P.A. 97-464, eff. 10-15-11.)
2179	2179	11 (20 ILCS 1605/5) (from Ch. 120, par. 1155)
2180	2180	12 Sec. 5. (a) The Department shall be under the supervision
2181	2181	13 and direction of a Director, who shall be appointed as
2182	2182	14 provided in the Department of Lottery and Gaming Act a person
2183	2183	15 qualified by training and experience to perform the duties
2184	2184	16 required by this Act. The Director shall be appointed by the
2185	2185	17 Governor, by and with the advice and consent of the Senate. The
2186	2186	18 term of office of the Director shall expire on the third Monday
2187	2187	19 of January in odd numbered years provided that he or she shall
2188	2188	20 hold office until a successor is appointed and qualified. For
2189	2189	21 terms beginning after January 18, 2019 (the effective date of
2190	2190	22 Public Act 100-1179) and before January 16, 2023, the annual
2191	2191	23 salary of the Director shall be as provided in Section 5-300 of
2192	2192	24 the Civil Administrative Code of Illinois. Notwithstanding any
2193	2193
2194	2194
2195	2195
2196	2196
2197	2197
2198	2198	SB0280 - 61 - LRB103 24970 AMQ 51304 b
2199	2199
2200	2200
2201	2201	SB0280- 62 -LRB103 24970 AMQ 51304 b SB0280 - 62 - LRB103 24970 AMQ 51304 b
2202	2202	SB0280 - 62 - LRB103 24970 AMQ 51304 b
2203	2203	1 other provision of law, for terms beginning on or after
2204	2204	2 January 16, 2023, the Director shall receive an annual salary
2205	2205	3 of $180,000 or as set by the Governor, whichever is higher. On
2206	2206	4 July 1, 2023, and on each July 1 thereafter, the Director shall
2207	2207	5 receive an increase in salary based on a cost of living
2208	2208	6 adjustment as authorized by Senate Joint Resolution 192 of the
2209	2209	7 86th General Assembly.
2210	2210	8 Any vacancy occurring in the office of the Director shall
2211	2211	9 be filled in the same manner as the original appointment. In
2212	2212	10 case of a vacancy during the recess of the Senate, the Governor
2213	2213	11 shall make a temporary appointment until the next meeting of
2214	2214	12 the Senate, when the Governor shall nominate some person to
2215	2215	13 fill the office, and any person so nominated who is confirmed
2216	2216	14 by the Senate shall hold office during the remainder of the
2217	2217	15 term and until his or her successor is appointed and
2218	2218	16 qualified.
2219	2219	17 During the absence or inability to act of the Director, or
2220	2220	18 in the case of a vacancy in the office of Director until a
2221	2221	19 successor is appointed and qualified, the Governor may
2222	2222	20 designate some person as Acting Director of the Lottery to
2223	2223	21 execute the powers and discharge the duties vested by law in
2224	2224	22 that office. A person who is designated as an Acting Director
2225	2225	23 shall not continue in office for more than 60 calendar days
2226	2226	24 unless the Governor files a message with the Secretary of the
2227	2227	25 Senate nominating that person to fill the office. After 60
2228	2228	26 calendar days, the office is considered vacant and shall be
2229	2229
2230	2230
2231	2231
2232	2232
2233	2233
2234	2234	SB0280 - 62 - LRB103 24970 AMQ 51304 b
2235	2235
2236	2236
2237	2237	SB0280- 63 -LRB103 24970 AMQ 51304 b SB0280 - 63 - LRB103 24970 AMQ 51304 b
2238	2238	SB0280 - 63 - LRB103 24970 AMQ 51304 b
2239	2239	1 filled only under this Section. No person who has been
2240	2240	2 appointed by the Governor to serve as Acting Director shall,
2241	2241	3 except at the Senate's request, be designated again as an
2242	2242	4 Acting Director at the same session of that Senate, subject to
2243	2243	5 the provisions of this Section. A person appointed as an
2244	2244	6 Acting Director is not required to meet the requirements of
2245	2245	7 paragraph (1) of subsection (b) of this Section. In no case may
2246	2246	8 the Governor designate a person to serve as Acting Director if
2247	2247	9 that person has prior to the effective date of this amendatory
2248	2248	10 Act of the 97th General Assembly exercised any of the duties
2249	2249	11 and functions of the office of Director without having been
2250	2250	12 nominated by the Governor to serve as Director.
2251	2251	13 (b) (Blank). The Director shall devote his or her entire
2252	2252	14 time and attention to the duties of the office and shall not be
2253	2253	15 engaged in any other profession or occupation.
2254	2254	16 The Director shall:
2255	2255	17 (1) be qualified by training and experience to direct
2256	2256	18 a lottery, including, at a minimum, 5 years of senior
2257	2257	19 executive-level experience in the successful advertising,
2258	2258	20 marketing, and selling of consumer products, 4 years of
2259	2259	21 successful experience directing a lottery on behalf of a
2260	2260	22 governmental entity, or 5 years of successful senior-level
2261	2261	23 management experience at a lottery on behalf of a
2262	2262	24 governmental entity;
2263	2263	25 (2) have significant and meaningful management and
2264	2264	26 regulatory experience; and
2265	2265
2266	2266
2267	2267
2268	2268
2269	2269
2270	2270	SB0280 - 63 - LRB103 24970 AMQ 51304 b
2271	2271
2272	2272
2273	2273	SB0280- 64 -LRB103 24970 AMQ 51304 b SB0280 - 64 - LRB103 24970 AMQ 51304 b
2274	2274	SB0280 - 64 - LRB103 24970 AMQ 51304 b
2275	2275	1 (3) have a good reputation, particularly as a person
2276	2276	2 of honesty, independence, and integrity.
2277	2277	3 The Director shall not during his or her term of
2278	2278	4 appointment: become a candidate for any elective office; hold
2279	2279	5 any other elected or appointed public office; be actively
2280	2280	6 involved in the affairs of any political party or political
2281	2281	7 organization; advocate for the appointment of another person
2282	2282	8 to an appointed or elected office or position; or actively
2283	2283	9 participate in any campaign for any elective office. The
2284	2284	10 Director may be appointed to serve on a governmental advisory
2285	2285	11 or board study commission or as otherwise expressly authorized
2286	2286	12 by law.
2287	2287	13 (c) (Blank). No person shall perform the duties and
2288	2288	14 functions of the Director, or otherwise exercise the authority
2289	2289	15 of the Director, unless the same shall have been appointed by
2290	2290	16 the Governor pursuant to this Section.
2291	2291	17 (Source: P.A. 102-1115, eff. 1-9-23.)
2292	2292	18 (20 ILCS 1605/5.1)
2293	2293	19 Sec. 5.1. E.J. "Zeke" Giorgi Lottery Building. The
2294	2294	20 building occupied by the Division Department from time to time
2295	2295	21 as its main office in Springfield shall be known as the E.J.
2296	2296	22 "Zeke" Giorgi Lottery Building.
2297	2297	23 (Source: P.A. 88-676, eff. 12-14-94.)
2298	2298	24 (20 ILCS 1605/7.1) (from Ch. 120, par. 1157.1)
2299	2299
2300	2300
2301	2301
2302	2302
2303	2303
2304	2304	SB0280 - 64 - LRB103 24970 AMQ 51304 b
2305	2305
2306	2306
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2309	2309	1 Sec. 7.1. The Division Department shall promulgate such
2310	2310	2 rules and regulations governing the establishment and
2311	2311	3 operation of a State lottery as it deems necessary to carry out
2312	2312	4 the purposes of this Act. Such rules and regulations shall be
2313	2313	5 subject to the provisions of The Illinois Administrative
2314	2314	6 Procedure Act. The Division Department shall issue written
2315	2315	7 game rules, play instructions, directives, operations manuals,
2316	2316	8 brochures, or any other publications necessary to conduct
2317	2317	9 specific games, as authorized by rule by the Division
2318	2318	10 Department. Any written game rules, play instructions,
2319	2319	11 directives, operations manuals, brochures, or other game
2320	2320	12 publications issued by the Division Department that relate to
2321	2321	13 a specific lottery game shall be maintained as a public record
2322	2322	14 in the Division's Department's principal office, and made
2323	2323	15 available for public inspection and copying but shall be
2324	2324	16 exempt from the rulemaking procedures of the Illinois
2325	2325	17 Administrative Procedure Act. However, when such written
2326	2326	18 materials contain any policy of general applicability, the
2327	2327	19 Division Department shall formulate and adopt such policy as a
2328	2328	20 rule in accordance with the provisions of the Illinois
2329	2329	21 Administrative Procedure Act. In addition, the Division
2330	2330	22 Department shall publish each January in the Illinois Register
2331	2331	23 a list of all game-specific rules, play instructions,
2332	2332	24 directives, operations manuals, brochures, or other
2333	2333	25 game-specific publications issued by the Division Department
2334	2334	26 during the previous year and instructions concerning how the
2335	2335
2336	2336
2337	2337
2338	2338
2339	2339
2340	2340	SB0280 - 65 - LRB103 24970 AMQ 51304 b
2341	2341
2342	2342
2343	2343	SB0280- 66 -LRB103 24970 AMQ 51304 b SB0280 - 66 - LRB103 24970 AMQ 51304 b
2344	2344	SB0280 - 66 - LRB103 24970 AMQ 51304 b
2345	2345	1 public may obtain copies of these materials from the Division
2346	2346	2 Department.
2347	2347	3 (Source: P.A. 97-464, eff. 10-15-11.)
2348	2348	4 (20 ILCS 1605/7.2) (from Ch. 120, par. 1157.2)
2349	2349	5 Sec. 7.2. The rules and regulations of the Division
2350	2350	6 Department may include, but shall not be limited to, the
2351	2351	7 following:
2352	2352	8 (1) The types of lotteries to be conducted;
2353	2353	9 (2) The price, or prices, of tickets or shares in the
2354	2354	10 lottery;
2355	2355	11 (3) The numbers and sizes of the prizes on the winning
2356	2356	12 tickets or shares;
2357	2357	13 (4) The manner of selecting the winning tickets or
2358	2358	14 shares;
2359	2359	15 (5) The manner of payment of prizes to the holders of
2360	2360	16 winning tickets or shares;
2361	2361	17 (6) The frequency of the drawing or selections of
2362	2362	18 winning tickets or shares, without limitation;
2363	2363	19 (7) Without limit to number, the type or types of
2364	2364	20 locations at which tickets or shares may be sold;
2365	2365	21 (8) The method to be used in selling tickets or
2366	2366	22 shares;
2367	2367	23 (9) The manner and amount of compensation, if any, to
2368	2368	24 be paid licensed sales agents necessary to provide for the
2369	2369	25 adequate availability of tickets or shares to prospective
2370	2370
2371	2371
2372	2372
2373	2373
2374	2374
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2376	2376
2377	2377
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2379	2379	SB0280 - 67 - LRB103 24970 AMQ 51304 b
2380	2380	1 buyers and for the convenience of the public;
2381	2381	2 (10) The apportionment of the total revenues accruing
2382	2382	3 from the sale of lottery tickets or shares and from all
2383	2383	4 other sources among (i) the payment of prizes to the
2384	2384	5 holders of winning tickets or shares, (ii) the payment of
2385	2385	6 costs incurred in the operation and administration of the
2386	2386	7 lottery, including the expenses of the Division Department
2387	2387	8 and the costs resulting from any contract or contracts
2388	2388	9 entered into for promotional, advertising or operational
2389	2389	10 services or for the purchase or lease of lottery equipment
2390	2390	11 and materials, and (iii) for monthly transfers to the
2391	2391	12 Common School Fund. The net revenues accruing from the
2392	2392	13 sale of lottery tickets shall be determined by deducting
2393	2393	14 from total revenues the payments required by paragraphs
2394	2394	15 (i) and (ii) of this subsection.
2395	2395	16 (11) Such other matters necessary or desirable for the
2396	2396	17 efficient and economical operation and administration of
2397	2397	18 the lottery and for the convenience of the purchasers of
2398	2398	19 tickets or shares and the holders of winning tickets or
2399	2399	20 shares.
2400	2400	21 (Source: P.A. 99-933, eff. 1-27-17.)
2401	2401	22 (20 ILCS 1605/7.3) (from Ch. 120, par. 1157.3)
2402	2402	23 Sec. 7.3. The Division Board shall designate Hearing
2403	2403	24 Officers who shall conduct hearings upon complaints charging
2404	2404	25 violations of this Act or of regulations thereunder, and such
2405	2405
2406	2406
2407	2407
2408	2408
2409	2409
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2411	2411
2412	2412
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2415	2415	1 other hearings as may be provided by Division Department rule.
2416	2416	2 The Director or his or her designee Board may hear appeals from
2417	2417	3 the recommended decisions of its Hearing Officers in
2418	2418	4 accordance with procedures established by Division Department
2419	2419	5 rule. Whenever the Division Department issues a Notice of
2420	2420	6 Assessment under Section 21 of this Act, the lottery sales
2421	2421	7 agent may protest such Notice by filing a request for hearing
2422	2422	8 within 20 days of the date of such Notice.
2423	2423	9 (Source: P.A. 85-1224; 86-1475.)
2424	2424	10 (20 ILCS 1605/7.4) (from Ch. 120, par. 1157.4)
2425	2425	11 Sec. 7.4. The Division Department shall carry on a
2426	2426	12 continuous study and investigation of the lottery throughout
2427	2427	13 the State (1) for the purpose of ascertaining any defects in
2428	2428	14 this Act or in the rules and regulations issued under this Act
2429	2429	15 whereby any abuses in the administration and operation of the
2430	2430	16 lottery or any evasion of this Act or the rules and regulations
2431	2431	17 may arise or be practiced, (2) for the purpose of formulating
2432	2432	18 recommendations for changes in this Act and the rules and
2433	2433	19 regulations promulgated hereunder to prevent such abuses and
2434	2434	20 evasions, (3) to guard against the use of this Act and the
2435	2435	21 rules and regulations issued hereunder as a cloak for the
2436	2436	22 carrying on of organized gambling and crime, and (4) to insure
2437	2437	23 that the law and rules and regulations shall be in such form
2438	2438	24 and be so administered as to serve the true purposes of this
2439	2439	25 Act.
2440	2440
2441	2441
2442	2442
2443	2443
2444	2444
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2446	2446
2447	2447
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2450	2450	1 (Source: P.A. 84-1128.)
2451	2451	2 (20 ILCS 1605/7.5) (from Ch. 120, par. 1157.5)
2452	2452	3 Sec. 7.5. The Division Board shall report to the Governor,
2453	2453	4 the Attorney General, the Speaker of the House, the President
2454	2454	5 of the Senate, the minority leaders of both houses, and such
2455	2455	6 other State officers as from time to time it deems
2456	2456	7 appropriate, any matters which it deems to require an
2457	2457	8 immediate change in the laws of this State in order to prevent
2458	2458	9 abuses and evasions of this Act or rules and regulations
2459	2459	10 promulgated thereunder or to rectify undesirable conditions in
2460	2460	11 connection with the administration or operation of the
2461	2461	12 lottery.
2462	2462	13 (Source: P.A. 84-1128.)
2463	2463	14 (20 ILCS 1605/7.8) (from Ch. 120, par. 1157.8)
2464	2464	15 Sec. 7.8. The Division Department shall make an annual
2465	2465	16 report regarding the work of the Division Board to the
2466	2466	17 Governor, the Speaker of the House, the President of the
2467	2467	18 Senate, and the minority leaders of both houses, such report
2468	2468	19 to be a public report.
2469	2469	20 (Source: P.A. 84-1128.)
2470	2470	21 (20 ILCS 1605/7.8a) (from Ch. 120, par. 1157.8a)
2471	2471	22 Sec. 7.8a. The Division Board shall establish advertising
2472	2472	23 policy to ensure that advertising content and practices do not
2473	2473
2474	2474
2475	2475
2476	2476
2477	2477
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2479	2479
2480	2480
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2483	2483	1 target with the intent to exploit specific groups or economic
2484	2484	2 classes of people, and that its content is accurate and not
2485	2485	3 misleading. The Division Boardd shall review, at least
2486	2486	4 quarterly, all past advertising for major media campaigns to
2487	2487	5 ensure that they do not target with the intent to exploit
2488	2488	6 specific groups or economic classes of people, and that their
2489	2489	7 content is accurate and not misleading. If the Division Board
2490	2490	8 finds that advertising conflicts with such policy, it shall
2491	2491	9 have the authority to direct the Division Departmentto cease
2492	2492	10 that advertising. The Director or his or her designee shall
2493	2493	11 provide a briefing on proposed major media campaigns at any
2494	2494	12 regularly scheduled meeting upon written request from any
2495	2495	13 Board member. Such written request must be received by the
2496	2496	14 Director at least 10 days prior to the regularly scheduled
2497	2497	15 meeting.
2498	2498	16 (Source: P.A. 98-499, eff. 8-16-13.)
2499	2499	17 (20 ILCS 1605/7.11) (from Ch. 120, par. 1157.11)
2500	2500	18 Sec. 7.11. The Division Department may establish and
2501	2501	19 collect nominal charges for promotional products ("premiums")
2502	2502	20 and other promotional materials produced or acquired by the
2503	2503	21 Division Department as part of its advertising and promotion
2504	2504	22 activities. Such premiums or other promotional materials may
2505	2505	23 be sold to individuals, government agencies and not-for-profit
2506	2506	24 organizations, but not to for-profit enterprises for the
2507	2507	25 purpose of resale. Other State agencies shall be charged no
2508	2508
2509	2509
2510	2510
2511	2511
2512	2512
2513	2513	SB0280 - 70 - LRB103 24970 AMQ 51304 b
2514	2514
2515	2515
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2517	2517	SB0280 - 71 - LRB103 24970 AMQ 51304 b
2518	2518	1 more than the cost to the Division Department of the premium or
2519	2519	2 promotional material. All proceeds from the sale of premiums
2520	2520	3 or promotional materials shall be deposited in the State
2521	2521	4 Lottery Fund in the State Treasury.
2522	2522	5 (Source: P.A. 97-464, eff. 10-15-11.)
2523	2523	6 (20 ILCS 1605/7.12)
2524	2524	7 (Section scheduled to be repealed on July 1, 2025)
2525	2525	8 Sec. 7.12. Internet program.
2526	2526	9 (a) The General Assembly finds that:
2527	2527	10 (1) the consumer market in Illinois has changed since
2528	2528	11 the creation of the Illinois State Lottery in 1974;
2529	2529	12 (2) the Internet has become an integral part of
2530	2530	13 everyday life for a significant number of Illinois
2531	2531	14 residents not only in regards to their professional life,
2532	2532	15 but also in regards to personal business and
2533	2533	16 communication; and
2534	2534	17 (3) the current practices of selling lottery tickets
2535	2535	18 does not appeal to the new form of market participants who
2536	2536	19 prefer to make purchases on the Internet at their own
2537	2537	20 convenience.
2538	2538	21 It is the intent of the General Assembly to create an
2539	2539	22 Internet program for the sale of lottery tickets to capture
2540	2540	23 this new form of market participant.
2541	2541	24 (b) The Division Department shall create a program that
2542	2542	25 allows an individual 18 years of age or older to purchase
2543	2543
2544	2544
2545	2545
2546	2546
2547	2547
2548	2548	SB0280 - 71 - LRB103 24970 AMQ 51304 b
2549	2549
2550	2550
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2552	2552	SB0280 - 72 - LRB103 24970 AMQ 51304 b
2553	2553	1 lottery tickets or shares on the Internet without using a
2554	2554	2 Lottery retailer with on-line status, as those terms are
2555	2555	3 defined by rule. The Division Department shall restrict the
2556	2556	4 sale of lottery tickets on the Internet to transactions
2557	2557	5 initiated and received or otherwise made exclusively within
2558	2558	6 the State of Illinois. The Division Department shall adopt
2559	2559	7 rules necessary for the administration of this program. These
2560	2560	8 rules shall include, among other things, requirements for
2561	2561	9 marketing of the Lottery to infrequent players, as well as
2562	2562	10 limitations on the purchases that may be made through any one
2563	2563	11 individual's lottery account. The provisions of this Act and
2564	2564	12 the rules adopted under this Act shall apply to the sale of
2565	2565	13 lottery tickets or shares under this program.
2566	2566	14 The Division Department is obligated to implement the
2567	2567	15 program set forth in this Section and Sections 7.15 and 7.16.
2568	2568	16 The Division Department may offer Lotto, Lucky Day Lotto, Mega
2569	2569	17 Millions, Powerball, Pick 3, Pick 4, and other draw games that
2570	2570	18 are offered at retail locations through the Internet program.
2571	2571	19 The private manager shall obtain the Director's approval
2572	2572	20 before providing any draw games. Any draw game tickets that
2573	2573	21 are approved for sale by lottery licensees are automatically
2574	2574	22 approved for sale through the Internet program. The Division
2575	2575	23 Department shall maintain responsible gaming controls in its
2576	2576	24 policies.
2577	2577	25 The Division Department shall authorize the private
2578	2578	26 manager to implement and administer the program pursuant to
2579	2579
2580	2580
2581	2581
2582	2582
2583	2583
2584	2584	SB0280 - 72 - LRB103 24970 AMQ 51304 b
2585	2585
2586	2586
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2588	2588	SB0280 - 73 - LRB103 24970 AMQ 51304 b
2589	2589	1 the management agreement entered into under Section 9.1 and in
2590	2590	2 a manner consistent with the provisions of this Section. If a
2591	2591	3 private manager has not been selected pursuant to Section 9.1
2592	2592	4 at the time the Division Department is obligated to implement
2593	2593	5 the program, then the Division Department shall not proceed
2594	2594	6 with the program until after the selection of the private
2595	2595	7 manager, at which time the Division Department shall authorize
2596	2596	8 the private manager to implement and administer the program
2597	2597	9 pursuant to the management agreement entered into under
2598	2598	10 Section 9.1 and in a manner consistent with the provisions of
2599	2599	11 this Section.
2600	2600	12 Nothing in this Section shall be construed as prohibiting
2601	2601	13 the Division Department from implementing and operating a
2602	2602	14 website portal whereby individuals who are 18 years of age or
2603	2603	15 older with an Illinois mailing address may apply to purchase
2604	2604	16 lottery tickets via subscription. Nothing in this Section
2605	2605	17 shall also be construed as prohibiting the Lottery draw game
2606	2606	18 tickets authorized for sale through the Internet program under
2607	2607	19 this Section from also continuing to be sold at retail
2608	2608	20 locations by a lottery licensee pursuant to the Division's
2609	2609	21 Department's rules.
2610	2610	22 (c) (Blank).
2611	2611	23 (d) This Section is repealed on July 1, 2025.
2612	2612	24 (Source: P.A. 101-35, eff. 6-28-19; 102-699, eff. 4-19-22.)
2613	2613	25 (20 ILCS 1605/7.15)
2614	2614
2615	2615
2616	2616
2617	2617
2618	2618
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2620	2620
2621	2621
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2623	2623	SB0280 - 74 - LRB103 24970 AMQ 51304 b
2624	2624	1 Sec. 7.15. Verification for Internet program; security for
2625	2625	2 Internet lottery accounts. The Division Department must
2626	2626	3 establish a procedure to verify that an individual is 18 years
2627	2627	4 of age or older and that the sale of lottery tickets on the
2628	2628	5 Internet is limited to transactions that are initiated and
2629	2629	6 received or otherwise made exclusively within the State of
2630	2630	7 Illinois, unless the federal Department of Justice indicates
2631	2631	8 that it is legal for the transactions to originate in states
2632	2632	9 other than Illinois. An individual must satisfy the
2633	2633	10 verification procedure before he or she may establish one
2634	2634	11 Internet lottery account and purchase lottery tickets or
2635	2635	12 shares through the Internet pilot program. By rule, the
2636	2636	13 Division Department shall establish funding procedures for
2637	2637	14 Internet lottery accounts and shall provide a mechanism to
2638	2638	15 prevent the unauthorized use of Internet lottery accounts. If
2639	2639	16 any participant in the pilot program violates any provisions
2640	2640	17 of this amendatory Act of the 96th General Assembly or rule
2641	2641	18 established by the Division Department, the participant's
2642	2642	19 winnings shall be forfeited. Such forfeited winnings shall be
2643	2643	20 deposited in the Common School Fund.
2644	2644	21 (Source: P.A. 96-34, eff. 7-13-09; 96-840, eff. 12-23-09.)
2645	2645	22 (20 ILCS 1605/7.16)
2646	2646	23 Sec. 7.16. Voluntary self-exclusion program for Internet
2647	2647	24 lottery sales. Any resident, or non-resident if allowed to
2648	2648	25 participate in the pilot program, may voluntarily prohibit
2649	2649
2650	2650
2651	2651
2652	2652
2653	2653
2654	2654	SB0280 - 74 - LRB103 24970 AMQ 51304 b
2655	2655
2656	2656
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2658	2658	SB0280 - 75 - LRB103 24970 AMQ 51304 b
2659	2659	1 themselves from establishing an Internet lottery account. The
2660	2660	2 Division Department shall incorporate the voluntary
2661	2661	3 self-exclusion program for Internet lottery accounts into any
2662	2662	4 existing self-exclusion program that it operates on the
2663	2663	5 effective date of this amendatory Act of the 96th General
2664	2664	6 Assembly.
2665	2665	7 (Source: P.A. 96-34, eff. 7-13-09.)
2666	2666	8 (20 ILCS 1605/8) (from Ch. 120, par. 1158)
2667	2667	9 Sec. 8. In connection with any hearing held pursuant to
2668	2668	10 Section 7.3 of this Act, the Director or his or her designee
2669	2669	11 Board, or any Hearing Officer appointed by the Director Board,
2670	2670	12 may subpoena and compel the appearance of witnesses and
2671	2671	13 production of documents, papers, books, records and other
2672	2672	14 evidence before it in any matter over which it has
2673	2673	15 jurisdiction, control or supervision. The Director or his or
2674	2674	16 her designee Board, or any appointed Hearing Officer, shall
2675	2675	17 have the power to administer oaths and affirmations to persons
2676	2676	18 whose testimony is required. If a person subpoenaed to attend
2677	2677	19 in any such proceeding or hearing fails to obey the command of
2678	2678	20 the subpoena without reasonable cause, or if a person in
2679	2679	21 attendance in any such proceeding or hearing refuses, without
2680	2680	22 lawful cause, to be examined or to answer a legal or pertinent
2681	2681	23 question or to exhibit any books, account, record or other
2682	2682	24 document when ordered so to do by the Director or any Board or
2683	2683	25 its Hearing Officer, the Director Board or Hearing Officer may
2684	2684
2685	2685
2686	2686
2687	2687
2688	2688
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2690	2690
2691	2691
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2693	2693	SB0280 - 76 - LRB103 24970 AMQ 51304 b
2694	2694	1 apply to the circuit court, upon proof by affidavit of the
2695	2695	2 facts, for an order returnable in not less than 2 nor more than
2696	2696	3 10 days, or as the court may prescribe, directing such person
2697	2697	4 to show cause before the court why he or she should not comply
2698	2698	5 with such subpoena or such order.
2699	2699	6 Upon return of the order, the court shall examine such
2700	2700	7 person under oath, and if the court determines, after giving
2701	2701	8 such person an opportunity to be heard, that he or she refused
2702	2702	9 without legal excuse to comply with such subpoena or such
2703	2703	10 order of the Director Board or Hearing Officer, the court may
2704	2704	11 order such person to comply therewith immediately and any
2705	2705	12 failure to obey the order of the court may be punished as a
2706	2706	13 contempt of court.
2707	2707	14 All subpoenas and subpoenas duces tecum issued under the
2708	2708	15 provisions of this Act may be served by any person of lawful
2709	2709	16 age. The fees of witnesses for attendance and travel shall be
2710	2710	17 the same as the fees of witnesses before the circuit courts of
2711	2711	18 this State. When the witness is subpoenaed at the instance of
2712	2712	19 the Division Department or any officer or employee thereof,
2713	2713	20 such fees shall be paid in the same manner as other expenses of
2714	2714	21 the Division Department. When the witness is subpoenaed at the
2715	2715	22 instance of any other party to any such proceeding, the
2716	2716	23 Division Department may require that the cost of service of
2717	2717	24 the subpoena or subpoena duces tecum and the fee of the witness
2718	2718	25 be borne by the party at whose instance the witness is
2719	2719	26 summoned. In such case, and on motion of the Division
2720	2720
2721	2721
2722	2722
2723	2723
2724	2724
2725	2725	SB0280 - 76 - LRB103 24970 AMQ 51304 b
2726	2726
2727	2727
2728	2728	SB0280- 77 -LRB103 24970 AMQ 51304 b SB0280 - 77 - LRB103 24970 AMQ 51304 b
2729	2729	SB0280 - 77 - LRB103 24970 AMQ 51304 b
2730	2730	1 Department, the Director or any Board or its Hearing Officer
2731	2731	2 may require a deposit to cover the cost of such service and
2732	2732	3 witness fees.
2733	2733	4 The Division Department, or any officer or employee
2734	2734	5 thereof, or any other party to a hearing before the Director or
2735	2735	6 any Board or its Hearing Officers, may cause the depositions
2736	2736	7 of witnesses within the State to be taken in the manner
2737	2737	8 prescribed by law for like depositions in civil actions in
2738	2738	9 courts of this State, and to that end compel the attendance of
2739	2739	10 witnesses and the production of books, papers, records or
2740	2740	11 memoranda.
2741	2741	12 (Source: P.A. 85-1224.)
2742	2742	13 (20 ILCS 1605/9) (from Ch. 120, par. 1159)
2743	2743	14 Sec. 9. The Director, as administrative head of the
2744	2744	15 Division Department, shall direct and supervise all its
2745	2745	16 administrative and technical activities. In addition to the
2746	2746	17 duties imposed upon him elsewhere in this Act, it shall be the
2747	2747	18 Director's duty:
2748	2748	19 a. To supervise and administer the operation of the
2749	2749	20 lottery in accordance with the provisions of this Act or
2750	2750	21 such rules and regulations of the Department adopted
2751	2751	22 thereunder.
2752	2752	23 b. (Blank) To attend meetings of the Board or to
2753	2753	24 appoint a designee to attend in his stead.
2754	2754	25 c. To employ and direct such personnel in accord with
2755	2755
2756	2756
2757	2757
2758	2758
2759	2759
2760	2760	SB0280 - 77 - LRB103 24970 AMQ 51304 b
2761	2761
2762	2762
2763	2763	SB0280- 78 -LRB103 24970 AMQ 51304 b SB0280 - 78 - LRB103 24970 AMQ 51304 b
2764	2764	SB0280 - 78 - LRB103 24970 AMQ 51304 b
2765	2765	1 the Personnel Code, as may be necessary to carry out the
2766	2766	2 purposes of this Act. In addition, the Director may by
2767	2767	3 agreement secure such services as he or she may deem
2768	2768	4 necessary from any other department, agency, or unit of
2769	2769	5 the State government, and may employ and compensate such
2770	2770	6 consultants and technical assistants as may be required
2771	2771	7 and is otherwise permitted by law.
2772	2772	8 d. To license, in accordance with the provisions of
2773	2773	9 Sections 10 and 10.1 of this Act and the rules and
2774	2774	10 regulations of the Division Department adopted thereunder,
2775	2775	11 as agents to sell lottery tickets such persons as in his
2776	2776	12 opinion will best serve the public convenience and promote
2777	2777	13 the sale of tickets or shares. The Director may require a
2778	2778	14 bond from every licensed agent, in such amount as provided
2779	2779	15 in the rules and regulations of the Division Department.
2780	2780	16 Every licensed agent shall prominently display his
2781	2781	17 license, or a copy thereof, as provided in the rules and
2782	2782	18 regulations of the Division Department.
2783	2783	19 e. To suspend or revoke any license issued pursuant to
2784	2784	20 this Act or the rules and regulations promulgated by the
2785	2785	21 Division Department thereunder.
2786	2786	22 f. (Blank) To confer regularly as necessary or
2787	2787	23 desirable and not less than once every month with the
2788	2788	24 Lottery Control Board on the operation and administration
2789	2789	25 of the Lottery; to make available for inspection by the
2790	2790	26 Board or any member of the Board, upon request, all books,
2791	2791
2792	2792
2793	2793
2794	2794
2795	2795
2796	2796	SB0280 - 78 - LRB103 24970 AMQ 51304 b
2797	2797
2798	2798
2799	2799	SB0280- 79 -LRB103 24970 AMQ 51304 b SB0280 - 79 - LRB103 24970 AMQ 51304 b
2800	2800	SB0280 - 79 - LRB103 24970 AMQ 51304 b
2801	2801	1 records, files, and other information and documents of his
2802	2802	2 office; to advise the Board and recommend such rules and
2803	2803	3 regulations and such other matters as he deems necessary
2804	2804	4 and advisable to improve the operation and administration
2805	2805	5 of the lottery.
2806	2806	6 g. To enter into contracts for the operation of the
2807	2807	7 lottery, or any part thereof, and into contracts for the
2808	2808	8 promotion of the lottery on behalf of the Division
2809	2809	9 Department with any person, firm or corporation, to
2810	2810	10 perform any of the functions provided for in this Act or
2811	2811	11 the rules and regulations promulgated thereunder. The
2812	2812	12 Division Department shall not expend State funds on a
2813	2813	13 contractual basis for such functions unless those
2814	2814	14 functions and expenditures are expressly authorized by the
2815	2815	15 General Assembly.
2816	2816	16 h. To enter into an agreement or agreements with the
2817	2817	17 management of state lotteries operated pursuant to the
2818	2818	18 laws of other states for the purpose of creating and
2819	2819	19 operating a multi-state lottery game wherein a separate
2820	2820	20 and distinct prize pool would be combined to award larger
2821	2821	21 prizes to the public than could be offered by the several
2822	2822	22 state lotteries, individually. No tickets or shares
2823	2823	23 offered in connection with a multi-state lottery game
2824	2824	24 shall be sold within the State of Illinois, except those
2825	2825	25 offered by and through the Division Department. No such
2826	2826	26 agreement shall purport to pledge the full faith and
2827	2827
2828	2828
2829	2829
2830	2830
2831	2831
2832	2832	SB0280 - 79 - LRB103 24970 AMQ 51304 b
2833	2833
2834	2834
2835	2835	SB0280- 80 -LRB103 24970 AMQ 51304 b SB0280 - 80 - LRB103 24970 AMQ 51304 b
2836	2836	SB0280 - 80 - LRB103 24970 AMQ 51304 b
2837	2837	1 credit of the State of Illinois, nor shall the Division
2838	2838	2 Department expend State funds on a contractual basis in
2839	2839	3 connection with any such game unless such expenditures are
2840	2840	4 expressly authorized by the General Assembly, provided,
2841	2841	5 however, that in the event of error or omission by the
2842	2842	6 Illinois State Lottery in the conduct of the game, as
2843	2843	7 determined by the multi-state game directors, the Division
2844	2844	8 Department shall be authorized to pay a prize winner or
2845	2845	9 winners the lesser of a disputed prize or $1,000,000, any
2846	2846	10 such payment to be made solely from funds appropriated for
2847	2847	11 game prize purposes. The Division Department shall be
2848	2848	12 authorized to share in the ordinary operating expenses of
2849	2849	13 any such multi-state lottery game, from funds appropriated
2850	2850	14 by the General Assembly, and in the event the multi-state
2851	2851	15 game control offices are physically located within the
2852	2852	16 State of Illinois, the Division Department is authorized
2853	2853	17 to advance start-up operating costs not to exceed
2854	2854	18 $150,000, subject to proportionate reimbursement of such
2855	2855	19 costs by the other participating state lotteries. The
2856	2856	20 Division Department shall be authorized to share
2857	2857	21 proportionately in the costs of establishing a liability
2858	2858	22 reserve fund from funds appropriated by the General
2859	2859	23 Assembly. The Division Department is authorized to
2860	2860	24 transfer prize award funds attributable to Illinois sales
2861	2861	25 of multi-state lottery game tickets to the multi-state
2862	2862	26 control office, or its designated depository, for deposit
2863	2863
2864	2864
2865	2865
2866	2866
2867	2867
2868	2868	SB0280 - 80 - LRB103 24970 AMQ 51304 b
2869	2869
2870	2870
2871	2871	SB0280- 81 -LRB103 24970 AMQ 51304 b SB0280 - 81 - LRB103 24970 AMQ 51304 b
2872	2872	SB0280 - 81 - LRB103 24970 AMQ 51304 b
2873	2873	1 to such game pool account or accounts as may be
2874	2874	2 established by the multi-state game directors, the records
2875	2875	3 of which account or accounts shall be available at all
2876	2876	4 times for inspection in an audit by the Auditor General of
2877	2877	5 Illinois and any other auditors pursuant to the laws of
2878	2878	6 the State of Illinois. No multi-state game prize awarded
2879	2879	7 to a nonresident of Illinois, with respect to a ticket or
2880	2880	8 share purchased in a state other than the State of
2881	2881	9 Illinois, shall be deemed to be a prize awarded under this
2882	2882	10 Act for the purpose of taxation under the Illinois Income
2883	2883	11 Tax Act. The Division Department shall promulgate such
2884	2884	12 rules as may be appropriate to implement the provisions of
2885	2885	13 this Section.
2886	2886	14 i. To make a continuous study and investigation of (1)
2887	2887	15 the operation and the administration of similar laws which
2888	2888	16 may be in effect in other states or countries, (2) any
2889	2889	17 literature on the subject which from time to time may be
2890	2890	18 published or available, (3) any Federal laws which may
2891	2891	19 affect the operation of the lottery, and (4) the reaction
2892	2892	20 of Illinois citizens to existing and potential features of
2893	2893	21 the lottery with a view to recommending or effecting
2894	2894	22 changes that will tend to serve the purposes of this Act.
2895	2895	23 j. To report monthly to the State Treasurer and the
2896	2896	24 Lottery Control Board a full and complete statement of
2897	2897	25 lottery revenues, prize disbursements and other expenses
2898	2898	26 for each month and the amounts to be transferred to the
2899	2899
2900	2900
2901	2901
2902	2902
2903	2903
2904	2904	SB0280 - 81 - LRB103 24970 AMQ 51304 b
2905	2905
2906	2906
2907	2907	SB0280- 82 -LRB103 24970 AMQ 51304 b SB0280 - 82 - LRB103 24970 AMQ 51304 b
2908	2908	SB0280 - 82 - LRB103 24970 AMQ 51304 b
2909	2909	1 Common School Fund pursuant to Section 7.2, and to make an
2910	2910	2 annual report, which shall include a full and complete
2911	2911	3 statement of lottery revenues, prize disbursements and
2912	2912	4 other expenses, to the Governor and the Board. All reports
2913	2913	5 required by this subsection shall be public and copies of
2914	2914	6 all such reports shall be sent to the Speaker of the House,
2915	2915	7 the President of the Senate, and the minority leaders of
2916	2916	8 both houses.
2917	2917	9 k. To keep the name and municipality of residence of
2918	2918	10 the prize winner of a prize of $250,000 or greater
2919	2919	11 confidential upon the prize winner making a written
2920	2920	12 request that his or her name and municipality of residence
2921	2921	13 be kept confidential. The prize winner must submit his or
2922	2922	14 her written request at the time of claiming the prize. The
2923	2923	15 written request shall be in the form established by the
2924	2924	16 Division Department. Nothing in this paragraph k
2925	2925	17 supersedes the Division's Department's duty to disclose
2926	2926	18 the name and municipality of residence of a prize winner
2927	2927	19 of a prize of $250,000 or greater pursuant to the Freedom
2928	2928	20 of Information Act.
2929	2929	21 (Source: P.A. 99-933, eff. 1-27-17; 100-1068, eff. 8-24-18.)
2930	2930	22 (20 ILCS 1605/9.1)
2931	2931	23 Sec. 9.1. Private manager and management agreement.
2932	2932	24 (a) As used in this Section:
2933	2933	25 "Offeror" means a person or group of persons that responds
2934	2934
2935	2935
2936	2936
2937	2937
2938	2938
2939	2939	SB0280 - 82 - LRB103 24970 AMQ 51304 b
2940	2940
2941	2941
2942	2942	SB0280- 83 -LRB103 24970 AMQ 51304 b SB0280 - 83 - LRB103 24970 AMQ 51304 b
2943	2943	SB0280 - 83 - LRB103 24970 AMQ 51304 b
2944	2944	1 to a request for qualifications under this Section.
2945	2945	2 "Request for qualifications" means all materials and
2946	2946	3 documents prepared by the Division Department to solicit the
2947	2947	4 following from offerors:
2948	2948	5 (1) Statements of qualifications.
2949	2949	6 (2) Proposals to enter into a management agreement,
2950	2950	7 including the identity of any prospective vendor or
2951	2951	8 vendors that the offeror intends to initially engage to
2952	2952	9 assist the offeror in performing its obligations under the
2953	2953	10 management agreement.
2954	2954	11 "Final offer" means the last proposal submitted by an
2955	2955	12 offeror in response to the request for qualifications,
2956	2956	13 including the identity of any prospective vendor or vendors
2957	2957	14 that the offeror intends to initially engage to assist the
2958	2958	15 offeror in performing its obligations under the management
2959	2959	16 agreement.
2960	2960	17 "Final offeror" means the offeror ultimately selected by
2961	2961	18 the Governor to be the private manager for the Lottery under
2962	2962	19 subsection (h) of this Section.
2963	2963	20 (b) By September 15, 2010, the Governor shall select a
2964	2964	21 private manager for the total management of the Lottery with
2965	2965	22 integrated functions, such as lottery game design, supply of
2966	2966	23 goods and services, and advertising and as specified in this
2967	2967	24 Section.
2968	2968	25 (c) Pursuant to the terms of this subsection, the Division
2969	2969	26 Department shall endeavor to expeditiously terminate the
2970	2970
2971	2971
2972	2972
2973	2973
2974	2974
2975	2975	SB0280 - 83 - LRB103 24970 AMQ 51304 b
2976	2976
2977	2977
2978	2978	SB0280- 84 -LRB103 24970 AMQ 51304 b SB0280 - 84 - LRB103 24970 AMQ 51304 b
2979	2979	SB0280 - 84 - LRB103 24970 AMQ 51304 b
2980	2980	1 existing contracts in support of the Lottery in effect on July
2981	2981	2 13, 2009 (the effective date of Public Act 96-37) in
2982	2982	3 connection with the selection of the private manager. As part
2983	2983	4 of its obligation to terminate these contracts and select the
2984	2984	5 private manager, the Division Department shall establish a
2985	2985	6 mutually agreeable timetable to transfer the functions of
2986	2986	7 existing contractors to the private manager so that existing
2987	2987	8 Lottery operations are not materially diminished or impaired
2988	2988	9 during the transition. To that end, the Division Department
2989	2989	10 shall do the following:
2990	2990	11 (1) where such contracts contain a provision
2991	2991	12 authorizing termination upon notice, the Division
2992	2992	13 Department shall provide notice of termination to occur
2993	2993	14 upon the mutually agreed timetable for transfer of
2994	2994	15 functions;
2995	2995	16 (2) upon the expiration of any initial term or renewal
2996	2996	17 term of the current Lottery contracts, the Division
2997	2997	18 Department shall not renew such contract for a term
2998	2998	19 extending beyond the mutually agreed timetable for
2999	2999	20 transfer of functions; or
3000	3000	21 (3) in the event any current contract provides for
3001	3001	22 termination of that contract upon the implementation of a
3002	3002	23 contract with the private manager, the Division Department
3003	3003	24 shall perform all necessary actions to terminate the
3004	3004	25 contract on the date that coincides with the mutually
3005	3005	26 agreed timetable for transfer of functions.
3006	3006
3007	3007
3008	3008
3009	3009
3010	3010
3011	3011	SB0280 - 84 - LRB103 24970 AMQ 51304 b
3012	3012
3013	3013
3014	3014	SB0280- 85 -LRB103 24970 AMQ 51304 b SB0280 - 85 - LRB103 24970 AMQ 51304 b
3015	3015	SB0280 - 85 - LRB103 24970 AMQ 51304 b
3016	3016	1 If the contracts to support the current operation of the
3017	3017	2 Lottery in effect on July 13, 2009 (the effective date of
3018	3018	3 Public Act 96-34) are not subject to termination as provided
3019	3019	4 for in this subsection (c), then the Division Department may
3020	3020	5 include a provision in the contract with the private manager
3021	3021	6 specifying a mutually agreeable methodology for incorporation.
3022	3022	7 (c-5) The Division Department shall include provisions in
3023	3023	8 the management agreement whereby the private manager shall,
3024	3024	9 for a fee, and pursuant to a contract negotiated with the
3025	3025	10 Division Department (the "Employee Use Contract"), utilize the
3026	3026	11 services of current Division Department employees to assist in
3027	3027	12 the administration and operation of the Lottery. The Division
3028	3028	13 Department shall be the employer of all such bargaining unit
3029	3029	14 employees assigned to perform such work for the private
3030	3030	15 manager, and such employees shall be State employees, as
3031	3031	16 defined by the Personnel Code. Division Department employees
3032	3032	17 shall operate under the same employment policies, rules,
3033	3033	18 regulations, and procedures, as other employees of the
3034	3034	19 Division Department. In addition, neither historical
3035	3035	20 representation rights under the Illinois Public Labor
3036	3036	21 Relations Act, nor existing collective bargaining agreements,
3037	3037	22 shall be disturbed by the management agreement with the
3038	3038	23 private manager for the management of the Lottery.
3039	3039	24 (d) The management agreement with the private manager
3040	3040	25 shall include all of the following:
3041	3041	26 (1) A term not to exceed 10 years, including any
3042	3042
3043	3043
3044	3044
3045	3045
3046	3046
3047	3047	SB0280 - 85 - LRB103 24970 AMQ 51304 b
3048	3048
3049	3049
3050	3050	SB0280- 86 -LRB103 24970 AMQ 51304 b SB0280 - 86 - LRB103 24970 AMQ 51304 b
3051	3051	SB0280 - 86 - LRB103 24970 AMQ 51304 b
3052	3052	1 renewals.
3053	3053	2 (2) A provision specifying that the Division
3054	3054	3 Department:
3055	3055	4 (A) shall exercise actual control over all
3056	3056	5 significant business decisions;
3057	3057	6 (A-5) has the authority to direct or countermand
3058	3058	7 operating decisions by the private manager at any
3059	3059	8 time;
3060	3060	9 (B) has ready access at any time to information
3061	3061	10 regarding Lottery operations;
3062	3062	11 (C) has the right to demand and receive
3063	3063	12 information from the private manager concerning any
3064	3064	13 aspect of the Lottery operations at any time; and
3065	3065	14 (D) retains ownership of all trade names,
3066	3066	15 trademarks, and intellectual property associated with
3067	3067	16 the Lottery.
3068	3068	17 (3) A provision imposing an affirmative duty on the
3069	3069	18 private manager to provide the Division Department with
3070	3070	19 material information and with any information the private
3071	3071	20 manager reasonably believes the Division Department would
3072	3072	21 want to know to enable the Division Department to conduct
3073	3073	22 the Lottery.
3074	3074	23 (4) A provision requiring the private manager to
3075	3075	24 provide the Division Department with advance notice of any
3076	3076	25 operating decision that bears significantly on the public
3077	3077	26 interest, including, but not limited to, decisions on the
3078	3078
3079	3079
3080	3080
3081	3081
3082	3082
3083	3083	SB0280 - 86 - LRB103 24970 AMQ 51304 b
3084	3084
3085	3085
3086	3086	SB0280- 87 -LRB103 24970 AMQ 51304 b SB0280 - 87 - LRB103 24970 AMQ 51304 b
3087	3087	SB0280 - 87 - LRB103 24970 AMQ 51304 b
3088	3088	1 kinds of games to be offered to the public and decisions
3089	3089	2 affecting the relative risk and reward of the games being
3090	3090	3 offered, so the Division Department has a reasonable
3091	3091	4 opportunity to evaluate and countermand that decision.
3092	3092	5 (5) A provision providing for compensation of the
3093	3093	6 private manager that may consist of, among other things, a
3094	3094	7 fee for services and a performance based bonus as
3095	3095	8 consideration for managing the Lottery, including terms
3096	3096	9 that may provide the private manager with an increase in
3097	3097	10 compensation if Lottery revenues grow by a specified
3098	3098	11 percentage in a given year.
3099	3099	12 (6) (Blank).
3100	3100	13 (7) A provision requiring the deposit of all Lottery
3101	3101	14 proceeds to be deposited into the State Lottery Fund
3102	3102	15 except as otherwise provided in Section 20 of this Act.
3103	3103	16 (8) A provision requiring the private manager to
3104	3104	17 locate its principal office within the State.
3105	3105	18 (8-5) A provision encouraging that at least 20% of the
3106	3106	19 cost of contracts entered into for goods and services by
3107	3107	20 the private manager in connection with its management of
3108	3108	21 the Lottery, other than contracts with sales agents or
3109	3109	22 technical advisors, be awarded to businesses that are a
3110	3110	23 minority-owned business, a women-owned business, or a
3111	3111	24 business owned by a person with disability, as those terms
3112	3112	25 are defined in the Business Enterprise for Minorities,
3113	3113	26 Women, and Persons with Disabilities Act.
3114	3114
3115	3115
3116	3116
3117	3117
3118	3118
3119	3119	SB0280 - 87 - LRB103 24970 AMQ 51304 b
3120	3120
3121	3121
3122	3122	SB0280- 88 -LRB103 24970 AMQ 51304 b SB0280 - 88 - LRB103 24970 AMQ 51304 b
3123	3123	SB0280 - 88 - LRB103 24970 AMQ 51304 b
3124	3124	1 (9) A requirement that so long as the private manager
3125	3125	2 complies with all the conditions of the agreement under
3126	3126	3 the oversight of the Division Department, the private
3127	3127	4 manager shall have the following duties and obligations
3128	3128	5 with respect to the management of the Lottery:
3129	3129	6 (A) The right to use equipment and other assets
3130	3130	7 used in the operation of the Lottery.
3131	3131	8 (B) The rights and obligations under contracts
3132	3132	9 with retailers and vendors.
3133	3133	10 (C) The implementation of a comprehensive security
3134	3134	11 program by the private manager.
3135	3135	12 (D) The implementation of a comprehensive system
3136	3136	13 of internal audits.
3137	3137	14 (E) The implementation of a program by the private
3138	3138	15 manager to curb compulsive gambling by persons playing
3139	3139	16 the Lottery.
3140	3140	17 (F) A system for determining (i) the type of
3141	3141	18 Lottery games, (ii) the method of selecting winning
3142	3142	19 tickets, (iii) the manner of payment of prizes to
3143	3143	20 holders of winning tickets, (iv) the frequency of
3144	3144	21 drawings of winning tickets, (v) the method to be used
3145	3145	22 in selling tickets, (vi) a system for verifying the
3146	3146	23 validity of tickets claimed to be winning tickets,
3147	3147	24 (vii) the basis upon which retailer commissions are
3148	3148	25 established by the manager, and (viii) minimum
3149	3149	26 payouts.
3150	3150
3151	3151
3152	3152
3153	3153
3154	3154
3155	3155	SB0280 - 88 - LRB103 24970 AMQ 51304 b
3156	3156
3157	3157
3158	3158	SB0280- 89 -LRB103 24970 AMQ 51304 b SB0280 - 89 - LRB103 24970 AMQ 51304 b
3159	3159	SB0280 - 89 - LRB103 24970 AMQ 51304 b
3160	3160	1 (10) A requirement that advertising and promotion must
3161	3161	2 be consistent with Section 7.8a of this Act.
3162	3162	3 (11) A requirement that the private manager market the
3163	3163	4 Lottery to those residents who are new, infrequent, or
3164	3164	5 lapsed players of the Lottery, especially those who are
3165	3165	6 most likely to make regular purchases on the Internet as
3166	3166	7 permitted by law.
3167	3167	8 (12) A code of ethics for the private manager's
3168	3168	9 officers and employees.
3169	3169	10 (13) A requirement that the Division Department
3170	3170	11 monitor and oversee the private manager's practices and
3171	3171	12 take action that the Division Department considers
3172	3172	13 appropriate to ensure that the private manager is in
3173	3173	14 compliance with the terms of the management agreement,
3174	3174	15 while allowing the manager, unless specifically prohibited
3175	3175	16 by law or the management agreement, to negotiate and sign
3176	3176	17 its own contracts with vendors.
3177	3177	18 (14) A provision requiring the private manager to
3178	3178	19 periodically file, at least on an annual basis,
3179	3179	20 appropriate financial statements in a form and manner
3180	3180	21 acceptable to the Division Department.
3181	3181	22 (15) Cash reserves requirements.
3182	3182	23 (16) Procedural requirements for obtaining the prior
3183	3183	24 approval of the Division Department when a management
3184	3184	25 agreement or an interest in a management agreement is
3185	3185	26 sold, assigned, transferred, or pledged as collateral to
3186	3186
3187	3187
3188	3188
3189	3189
3190	3190
3191	3191	SB0280 - 89 - LRB103 24970 AMQ 51304 b
3192	3192
3193	3193
3194	3194	SB0280- 90 -LRB103 24970 AMQ 51304 b SB0280 - 90 - LRB103 24970 AMQ 51304 b
3195	3195	SB0280 - 90 - LRB103 24970 AMQ 51304 b
3196	3196	1 secure financing.
3197	3197	2 (17) Grounds for the termination of the management
3198	3198	3 agreement by the Division Department or the private
3199	3199	4 manager.
3200	3200	5 (18) Procedures for amendment of the agreement.
3201	3201	6 (19) A provision requiring the private manager to
3202	3202	7 engage in an open and competitive bidding process for any
3203	3203	8 procurement having a cost in excess of $50,000 that is not
3204	3204	9 a part of the private manager's final offer. The process
3205	3205	10 shall favor the selection of a vendor deemed to have
3206	3206	11 submitted a proposal that provides the Lottery with the
3207	3207	12 best overall value. The process shall not be subject to
3208	3208	13 the provisions of the Illinois Procurement Code, unless
3209	3209	14 specifically required by the management agreement.
3210	3210	15 (20) The transition of rights and obligations,
3211	3211	16 including any associated equipment or other assets used in
3212	3212	17 the operation of the Lottery, from the manager to any
3213	3213	18 successor manager of the lottery, including the Division
3214	3214	19 Department, following the termination of or foreclosure
3215	3215	20 upon the management agreement.
3216	3216	21 (21) Right of use of copyrights, trademarks, and
3217	3217	22 service marks held by the Division Department in the name
3218	3218	23 of the State. The agreement must provide that any use of
3219	3219	24 them by the manager shall only be for the purpose of
3220	3220	25 fulfilling its obligations under the management agreement
3221	3221	26 during the term of the agreement.
3222	3222
3223	3223
3224	3224
3225	3225
3226	3226
3227	3227	SB0280 - 90 - LRB103 24970 AMQ 51304 b
3228	3228
3229	3229
3230	3230	SB0280- 91 -LRB103 24970 AMQ 51304 b SB0280 - 91 - LRB103 24970 AMQ 51304 b
3231	3231	SB0280 - 91 - LRB103 24970 AMQ 51304 b
3232	3232	1 (22) The disclosure of any information requested by
3233	3233	2 the Division Department to enable it to comply with the
3234	3234	3 reporting requirements and information requests provided
3235	3235	4 for under subsection (p) of this Section.
3236	3236	5 (e) Notwithstanding any other law to the contrary, the
3237	3237	6 Division Department shall select a private manager through a
3238	3238	7 competitive request for qualifications process consistent with
3239	3239	8 Section 20-35 of the Illinois Procurement Code, which shall
3240	3240	9 take into account:
3241	3241	10 (1) the offeror's ability to market the Lottery to
3242	3242	11 those residents who are new, infrequent, or lapsed players
3243	3243	12 of the Lottery, especially those who are most likely to
3244	3244	13 make regular purchases on the Internet;
3245	3245	14 (2) the offeror's ability to address the State's
3246	3246	15 concern with the social effects of gambling on those who
3247	3247	16 can least afford to do so;
3248	3248	17 (3) the offeror's ability to provide the most
3249	3249	18 successful management of the Lottery for the benefit of
3250	3250	19 the people of the State based on current and past business
3251	3251	20 practices or plans of the offeror; and
3252	3252	21 (4) the offeror's poor or inadequate past performance
3253	3253	22 in servicing, equipping, operating or managing a lottery
3254	3254	23 on behalf of Illinois, another State or foreign government
3255	3255	24 and attracting persons who are not currently regular
3256	3256	25 players of a lottery.
3257	3257	26 (f) The Division Department may retain the services of an
3258	3258
3259	3259
3260	3260
3261	3261
3262	3262
3263	3263	SB0280 - 91 - LRB103 24970 AMQ 51304 b
3264	3264
3265	3265
3266	3266	SB0280- 92 -LRB103 24970 AMQ 51304 b SB0280 - 92 - LRB103 24970 AMQ 51304 b
3267	3267	SB0280 - 92 - LRB103 24970 AMQ 51304 b
3268	3268	1 advisor or advisors with significant experience in financial
3269	3269	2 services or the management, operation, and procurement of
3270	3270	3 goods, services, and equipment for a government-run lottery to
3271	3271	4 assist in the preparation of the terms of the request for
3272	3272	5 qualifications and selection of the private manager. Any
3273	3273	6 prospective advisor seeking to provide services under this
3274	3274	7 subsection (f) shall disclose any material business or
3275	3275	8 financial relationship during the past 3 years with any
3276	3276	9 potential offeror, or with a contractor or subcontractor
3277	3277	10 presently providing goods, services, or equipment to the
3278	3278	11 Division Department to support the Lottery. The Division
3279	3279	12 Department shall evaluate the material business or financial
3280	3280	13 relationship of each prospective advisor. The Division
3281	3281	14 Department shall not select any prospective advisor with a
3282	3282	15 substantial business or financial relationship that the
3283	3283	16 Division Department deems to impair the objectivity of the
3284	3284	17 services to be provided by the prospective advisor. During the
3285	3285	18 course of the advisor's engagement by the Division Department,
3286	3286	19 and for a period of one year thereafter, the advisor shall not
3287	3287	20 enter into any business or financial relationship with any
3288	3288	21 offeror or any vendor identified to assist an offeror in
3289	3289	22 performing its obligations under the management agreement. Any
3290	3290	23 advisor retained by the Division Department shall be
3291	3291	24 disqualified from being an offeror. The Division Department
3292	3292	25 shall not include terms in the request for qualifications that
3293	3293	26 provide a material advantage whether directly or indirectly to
3294	3294
3295	3295
3296	3296
3297	3297
3298	3298
3299	3299	SB0280 - 92 - LRB103 24970 AMQ 51304 b
3300	3300
3301	3301
3302	3302	SB0280- 93 -LRB103 24970 AMQ 51304 b SB0280 - 93 - LRB103 24970 AMQ 51304 b
3303	3303	SB0280 - 93 - LRB103 24970 AMQ 51304 b
3304	3304	1 any potential offeror, or any contractor or subcontractor
3305	3305	2 presently providing goods, services, or equipment to the
3306	3306	3 Division Department to support the Lottery, including terms
3307	3307	4 contained in previous responses to requests for proposals or
3308	3308	5 qualifications submitted to Illinois, another State or foreign
3309	3309	6 government when those terms are uniquely associated with a
3310	3310	7 particular potential offeror, contractor, or subcontractor.
3311	3311	8 The request for proposals offered by the Division Department
3312	3312	9 on December 22, 2008 as "LOT08GAMESYS" and reference number
3313	3313	10 "22016176" is declared void.
3314	3314	11 (g) The Division Department shall select at least 2
3315	3315	12 offerors as finalists to potentially serve as the private
3316	3316	13 manager no later than August 9, 2010. Upon making preliminary
3317	3317	14 selections, the Division Department shall schedule a public
3318	3318	15 hearing on the finalists' proposals and provide public notice
3319	3319	16 of the hearing at least 7 calendar days before the hearing. The
3320	3320	17 notice must include all of the following:
3321	3321	18 (1) The date, time, and place of the hearing.
3322	3322	19 (2) The subject matter of the hearing.
3323	3323	20 (3) A brief description of the management agreement to
3324	3324	21 be awarded.
3325	3325	22 (4) The identity of the offerors that have been
3326	3326	23 selected as finalists to serve as the private manager.
3327	3327	24 (5) The address and telephone number of the Division
3328	3328	25 Department.
3329	3329	26 (h) At the public hearing, the Division Department shall
3330	3330
3331	3331
3332	3332
3333	3333
3334	3334
3335	3335	SB0280 - 93 - LRB103 24970 AMQ 51304 b
3336	3336
3337	3337
3338	3338	SB0280- 94 -LRB103 24970 AMQ 51304 b SB0280 - 94 - LRB103 24970 AMQ 51304 b
3339	3339	SB0280 - 94 - LRB103 24970 AMQ 51304 b
3340	3340	1 (i) provide sufficient time for each finalist to present and
3341	3341	2 explain its proposal to the Division Department and the
3342	3342	3 Governor or the Governor's designee, including an opportunity
3343	3343	4 to respond to questions posed by the Division Department,
3344	3344	5 Governor, or designee and (ii) allow the public and
3345	3345	6 non-selected offerors to comment on the presentations. The
3346	3346	7 Governor or a designee shall attend the public hearing. After
3347	3347	8 the public hearing, the Division Department shall have 14
3348	3348	9 calendar days to recommend to the Governor whether a
3349	3349	10 management agreement should be entered into with a particular
3350	3350	11 finalist. After reviewing the Division's Department's
3351	3351	12 recommendation, the Governor may accept or reject the
3352	3352	13 Division's Department's recommendation, and shall select a
3353	3353	14 final offeror as the private manager by publication of a
3354	3354	15 notice in the Illinois Procurement Bulletin on or before
3355	3355	16 September 15, 2010. The Governor shall include in the notice a
3356	3356	17 detailed explanation and the reasons why the final offeror is
3357	3357	18 superior to other offerors and will provide management
3358	3358	19 services in a manner that best achieves the objectives of this
3359	3359	20 Section. The Governor shall also sign the management agreement
3360	3360	21 with the private manager.
3361	3361	22 (i) Any action to contest the private manager selected by
3362	3362	23 the Governor under this Section must be brought within 7
3363	3363	24 calendar days after the publication of the notice of the
3364	3364	25 designation of the private manager as provided in subsection
3365	3365	26 (h) of this Section.
3366	3366
3367	3367
3368	3368
3369	3369
3370	3370
3371	3371	SB0280 - 94 - LRB103 24970 AMQ 51304 b
3372	3372
3373	3373
3374	3374	SB0280- 95 -LRB103 24970 AMQ 51304 b SB0280 - 95 - LRB103 24970 AMQ 51304 b
3375	3375	SB0280 - 95 - LRB103 24970 AMQ 51304 b
3376	3376	1 (j) The Lottery shall remain, for so long as a private
3377	3377	2 manager manages the Lottery in accordance with provisions of
3378	3378	3 this Act, a Lottery conducted by the State, and the State shall
3379	3379	4 not be authorized to sell or transfer the Lottery to a third
3380	3380	5 party.
3381	3381	6 (k) Any tangible personal property used exclusively in
3382	3382	7 connection with the lottery that is owned by the Division
3383	3383	8 Department and leased to the private manager shall be owned by
3384	3384	9 the Department in the name of the State and shall be considered
3385	3385	10 to be public property devoted to an essential public and
3386	3386	11 governmental function.
3387	3387	12 (l) The Division Department may exercise any of its powers
3388	3388	13 under this Section or any other law as necessary or desirable
3389	3389	14 for the execution of the Division's Department's powers under
3390	3390	15 this Section.
3391	3391	16 (m) Neither this Section nor any management agreement
3392	3392	17 entered into under this Section prohibits the General Assembly
3393	3393	18 from authorizing forms of gambling that are not in direct
3394	3394	19 competition with the Lottery. The forms of gambling authorized
3395	3395	20 by Public Act 101-31 constitute authorized forms of gambling
3396	3396	21 that are not in direct competition with the Lottery.
3397	3397	22 (n) The private manager shall be subject to a complete
3398	3398	23 investigation in the third, seventh, and tenth years of the
3399	3399	24 agreement (if the agreement is for a 10-year term) by the
3400	3400	25 Division Department in cooperation with the Auditor General to
3401	3401	26 determine whether the private manager has complied with this
3402	3402
3403	3403
3404	3404
3405	3405
3406	3406
3407	3407	SB0280 - 95 - LRB103 24970 AMQ 51304 b
3408	3408
3409	3409
3410	3410	SB0280- 96 -LRB103 24970 AMQ 51304 b SB0280 - 96 - LRB103 24970 AMQ 51304 b
3411	3411	SB0280 - 96 - LRB103 24970 AMQ 51304 b
3412	3412	1 Section and the management agreement. The private manager
3413	3413	2 shall bear the cost of an investigation or reinvestigation of
3414	3414	3 the private manager under this subsection.
3415	3415	4 (o) The powers conferred by this Section are in addition
3416	3416	5 and supplemental to the powers conferred by any other law. If
3417	3417	6 any other law or rule is inconsistent with this Section,
3418	3418	7 including, but not limited to, provisions of the Illinois
3419	3419	8 Procurement Code, then this Section controls as to any
3420	3420	9 management agreement entered into under this Section. This
3421	3421	10 Section and any rules adopted under this Section contain full
3422	3422	11 and complete authority for a management agreement between the
3423	3423	12 Division Department and a private manager. No law, procedure,
3424	3424	13 proceeding, publication, notice, consent, approval, order, or
3425	3425	14 act by the Division Department or any other officer,
3426	3426	15 Department, agency, or instrumentality of the State or any
3427	3427	16 political subdivision is required for the Division Department
3428	3428	17 to enter into a management agreement under this Section. This
3429	3429	18 Section contains full and complete authority for the Division
3430	3430	19 Department to approve any contracts entered into by a private
3431	3431	20 manager with a vendor providing goods, services, or both goods
3432	3432	21 and services to the private manager under the terms of the
3433	3433	22 management agreement, including subcontractors of such
3434	3434	23 vendors.
3435	3435	24 Upon receipt of a written request from the Chief
3436	3436	25 Procurement Officer, the Division Department shall provide to
3437	3437	26 the Chief Procurement Officer a complete and un-redacted copy
3438	3438
3439	3439
3440	3440
3441	3441
3442	3442
3443	3443	SB0280 - 96 - LRB103 24970 AMQ 51304 b
3444	3444
3445	3445
3446	3446	SB0280- 97 -LRB103 24970 AMQ 51304 b SB0280 - 97 - LRB103 24970 AMQ 51304 b
3447	3447	SB0280 - 97 - LRB103 24970 AMQ 51304 b
3448	3448	1 of the management agreement or any contract that is subject to
3449	3449	2 the Division's Department's approval authority under this
3450	3450	3 subsection (o). The Division Department shall provide a copy
3451	3451	4 of the agreement or contract to the Chief Procurement Officer
3452	3452	5 in the time specified by the Chief Procurement Officer in his
3453	3453	6 or her written request, but no later than 5 business days after
3454	3454	7 the request is received by the Division Department. The Chief
3455	3455	8 Procurement Officer must retain any portions of the management
3456	3456	9 agreement or of any contract designated by the Division
3457	3457	10 Department as confidential, proprietary, or trade secret
3458	3458	11 information in complete confidence pursuant to subsection (g)
3459	3459	12 of Section 7 of the Freedom of Information Act. The Division
3460	3460	13 Department shall also provide the Chief Procurement Officer
3461	3461	14 with reasonable advance written notice of any contract that is
3462	3462	15 pending Division Department approval.
3463	3463	16 Notwithstanding any other provision of this Section to the
3464	3464	17 contrary, the Chief Procurement Officer shall adopt
3465	3465	18 administrative rules, including emergency rules, to establish
3466	3466	19 a procurement process to select a successor private manager if
3467	3467	20 a private management agreement has been terminated. The
3468	3468	21 selection process shall at a minimum take into account the
3469	3469	22 criteria set forth in items (1) through (4) of subsection (e)
3470	3470	23 of this Section and may include provisions consistent with
3471	3471	24 subsections (f), (g), (h), and (i) of this Section. The Chief
3472	3472	25 Procurement Officer shall also implement and administer the
3473	3473	26 adopted selection process upon the termination of a private
3474	3474
3475	3475
3476	3476
3477	3477
3478	3478
3479	3479	SB0280 - 97 - LRB103 24970 AMQ 51304 b
3480	3480
3481	3481
3482	3482	SB0280- 98 -LRB103 24970 AMQ 51304 b SB0280 - 98 - LRB103 24970 AMQ 51304 b
3483	3483	SB0280 - 98 - LRB103 24970 AMQ 51304 b
3484	3484	1 management agreement. The Division Department, after the Chief
3485	3485	2 Procurement Officer certifies that the procurement process has
3486	3486	3 been followed in accordance with the rules adopted under this
3487	3487	4 subsection (o), shall select a final offeror as the private
3488	3488	5 manager and sign the management agreement with the private
3489	3489	6 manager.
3490	3490	7 Through June 30, 2022, except as provided in Sections
3491	3491	8 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13
3492	3492	9 of this Act and Section 25-70 of the Sports Wagering Act, the
3493	3493	10 Division Department shall distribute all proceeds of lottery
3494	3494	11 tickets and shares sold in the following priority and manner:
3495	3495	12 (1) The payment of prizes and retailer bonuses.
3496	3496	13 (2) The payment of costs incurred in the operation and
3497	3497	14 administration of the Lottery, including the payment of
3498	3498	15 sums due to the private manager under the management
3499	3499	16 agreement with the Division Department.
3500	3500	17 (3) On the last day of each month or as soon thereafter
3501	3501	18 as possible, the State Comptroller shall direct and the
3502	3502	19 State Treasurer shall transfer from the State Lottery Fund
3503	3503	20 to the Common School Fund an amount that is equal to the
3504	3504	21 proceeds transferred in the corresponding month of fiscal
3505	3505	22 year 2009, as adjusted for inflation, to the Common School
3506	3506	23 Fund.
3507	3507	24 (4) On or before September 30 of each fiscal year,
3508	3508	25 deposit any estimated remaining proceeds from the prior
3509	3509	26 fiscal year, subject to payments under items (1), (2), and
3510	3510
3511	3511
3512	3512
3513	3513
3514	3514
3515	3515	SB0280 - 98 - LRB103 24970 AMQ 51304 b
3516	3516
3517	3517
3518	3518	SB0280- 99 -LRB103 24970 AMQ 51304 b SB0280 - 99 - LRB103 24970 AMQ 51304 b
3519	3519	SB0280 - 99 - LRB103 24970 AMQ 51304 b
3520	3520	1 (3), into the Capital Projects Fund. Beginning in fiscal
3521	3521	2 year 2019, the amount deposited shall be increased or
3522	3522	3 decreased each year by the amount the estimated payment
3523	3523	4 differs from the amount determined from each year-end
3524	3524	5 financial audit. Only remaining net deficits from prior
3525	3525	6 fiscal years may reduce the requirement to deposit these
3526	3526	7 funds, as determined by the annual financial audit.
3527	3527	8 Beginning July 1, 2022, the Division Department shall
3528	3528	9 distribute all proceeds of lottery tickets and shares sold in
3529	3529	10 the manner and priority described in Section 9.3 of this Act,
3530	3530	11 except that the Division Department shall make the deposit
3531	3531	12 into the Capital Projects Fund that would have occurred under
3532	3532	13 item (4) of this subsection (o) on or before September 30,
3533	3533	14 2022, but for the changes made to this subsection by Public Act
3534	3534	15 102-699.
3535	3535	16 (p) The Division Department shall be subject to the
3536	3536	17 following reporting and information request requirements:
3537	3537	18 (1) the Division Department shall submit written
3538	3538	19 quarterly reports to the Governor and the General Assembly
3539	3539	20 on the activities and actions of the private manager
3540	3540	21 selected under this Section;
3541	3541	22 (2) upon request of the Chief Procurement Officer, the
3542	3542	23 Division Department shall promptly produce information
3543	3543	24 related to the procurement activities of the Division
3544	3544	25 Department and the private manager requested by the Chief
3545	3545	26 Procurement Officer; the Chief Procurement Officer must
3546	3546
3547	3547
3548	3548
3549	3549
3550	3550
3551	3551	SB0280 - 99 - LRB103 24970 AMQ 51304 b
3552	3552
3553	3553
3554	3554	SB0280- 100 -LRB103 24970 AMQ 51304 b SB0280 - 100 - LRB103 24970 AMQ 51304 b
3555	3555	SB0280 - 100 - LRB103 24970 AMQ 51304 b
3556	3556	1 retain confidential, proprietary, or trade secret
3557	3557	2 information designated by the Division Department in
3558	3558	3 complete confidence pursuant to subsection (g) of Section
3559	3559	4 7 of the Freedom of Information Act; and
3560	3560	5 (3) at least 30 days prior to the beginning of the
3561	3561	6 Division's Department's fiscal year, the Department shall
3562	3562	7 prepare an annual written report on the activities of the
3563	3563	8 private manager selected under this Section and deliver
3564	3564	9 that report to the Governor and General Assembly.
3565	3565	10 (Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
3566	3566	11 101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff.
3567	3567	12 4-19-22; 102-1115, eff. 1-9-23.)
3568	3568	13 (20 ILCS 1605/10) (from Ch. 120, par. 1160)
3569	3569	14 Sec. 10. The Division Department, upon application
3570	3570	15 therefor on forms prescribed by the Division Department, and
3571	3571	16 upon a determination by the Division Department that the
3572	3572	17 applicant meets all of the qualifications specified in this
3573	3573	18 Act, shall issue a license as an agent to sell lottery tickets
3574	3574	19 or shares. No license as an agent to sell lottery tickets or
3575	3575	20 shares shall be issued to any person to engage in business
3576	3576	21 exclusively as a lottery sales agent.
3577	3577	22 Before issuing such license the Director shall consider
3578	3578	23 (a) the financial responsibility and security of the person
3579	3579	24 and his business or activity, (b) the accessibility of his
3580	3580	25 place of business or activity to the public, (c) the
3581	3581
3582	3582
3583	3583
3584	3584
3585	3585
3586	3586	SB0280 - 100 - LRB103 24970 AMQ 51304 b
3587	3587
3588	3588
3589	3589	SB0280- 101 -LRB103 24970 AMQ 51304 b SB0280 - 101 - LRB103 24970 AMQ 51304 b
3590	3590	SB0280 - 101 - LRB103 24970 AMQ 51304 b
3591	3591	1 sufficiency of existing licenses to serve the public
3592	3592	2 convenience, (d) the volume of expected sales, and (e) such
3593	3593	3 other factors as he or she may deem appropriate.
3594	3594	4 Until September 1, 1987, the provisions of Sections 2a, 4,
3595	3595	5 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9,
3596	3596	6 10, 12 and 13.5 of the Retailers' Occupation Tax Act which are
3597	3597	7 not inconsistent with this Act shall apply to the subject
3598	3598	8 matter of this Act to the same extent as if such provisions
3599	3599	9 were included in this Act. For purposes of this Act,
3600	3600	10 references in such incorporated Sections of the Retailers'
3601	3601	11 Occupation Tax Act to retailers, sellers or persons engaged in
3602	3602	12 the business of selling tangible personal property mean
3603	3603	13 persons engaged in selling lottery tickets or shares;
3604	3604	14 references in such incorporated Sections to sales of tangible
3605	3605	15 personal property mean the selling of lottery tickets or
3606	3606	16 shares; and references in such incorporated Sections to
3607	3607	17 certificates of registration mean licenses issued under this
3608	3608	18 Act. The provisions of the Retailers' Occupation Tax Act as
3609	3609	19 heretofore applied to the subject matter of this Act shall not
3610	3610	20 apply with respect to tickets sold by or delivered to lottery
3611	3611	21 sales agents on and after September 1, 1987, but such
3612	3612	22 provisions shall continue to apply with respect to
3613	3613	23 transactions involving the sale and delivery of tickets prior
3614	3614	24 to September 1, 1987.
3615	3615	25 All licenses issued by the Division Department under this
3616	3616	26 Act shall be valid for a period not to exceed 2 years after
3617	3617
3618	3618
3619	3619
3620	3620
3621	3621
3622	3622	SB0280 - 101 - LRB103 24970 AMQ 51304 b
3623	3623
3624	3624
3625	3625	SB0280- 102 -LRB103 24970 AMQ 51304 b SB0280 - 102 - LRB103 24970 AMQ 51304 b
3626	3626	SB0280 - 102 - LRB103 24970 AMQ 51304 b
3627	3627	1 issuance unless sooner revoked, canceled or suspended as in
3628	3628	2 this Act provided. No license issued under this Act shall be
3629	3629	3 transferable or assignable. Such license shall be
3630	3630	4 conspicuously displayed in the place of business conducted by
3631	3631	5 the licensee in Illinois where lottery tickets or shares are
3632	3632	6 to be sold under such license.
3633	3633	7 For purposes of this Section, the term "person" shall be
3634	3634	8 construed to mean and include an individual, association,
3635	3635	9 partnership, corporation, club, trust, estate, society,
3636	3636	10 company, joint stock company, receiver, trustee, referee, any
3637	3637	11 other person acting in a fiduciary or representative capacity
3638	3638	12 who is appointed by a court, or any combination of
3639	3639	13 individuals. "Person" includes any department, commission,
3640	3640	14 agency or instrumentality of the State, including any county,
3641	3641	15 city, village, or township and any agency or instrumentality
3642	3642	16 thereof.
3643	3643	17 (Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
3644	3644	18 (20 ILCS 1605/10.1) (from Ch. 120, par. 1160.1)
3645	3645	19 Sec. 10.1. The following are ineligible for any license
3646	3646	20 under this Act:
3647	3647	21 (a) any person who has been convicted of a felony;
3648	3648	22 (b) any person who is or has been a professional
3649	3649	23 gambler or gambling promoter;
3650	3650	24 (c) any person who has engaged in bookmaking or other
3651	3651	25 forms of illegal gambling;
3652	3652
3653	3653
3654	3654
3655	3655
3656	3656
3657	3657	SB0280 - 102 - LRB103 24970 AMQ 51304 b
3658	3658
3659	3659
3660	3660	SB0280- 103 -LRB103 24970 AMQ 51304 b SB0280 - 103 - LRB103 24970 AMQ 51304 b
3661	3661	SB0280 - 103 - LRB103 24970 AMQ 51304 b
3662	3662	1 (d) any person who is not of good character and
3663	3663	2 reputation in the community in which he resides;
3664	3664	3 (e) any person who has been found guilty of any fraud
3665	3665	4 or misrepresentation in any connection;
3666	3666	5 (f) any firm or corporation in which a person defined
3667	3667	6 in (a), (b), (c), (d) or (e) has a proprietary, equitable
3668	3668	7 or credit interest of 5% or more.
3669	3669	8 (g) any organization in which a person defined in (a),
3670	3670	9 (b), (c), (d) or (e) is an officer, director, or managing
3671	3671	10 agent, whether compensated or not;
3672	3672	11 (h) any organization in which a person defined in (a),
3673	3673	12 (b), (c), (d), or (e) is to participate in the management
3674	3674	13 or sales of lottery tickets or shares.
3675	3675	14 However, with respect to persons defined in (a), the
3676	3676	15 Division Department may grant any such person a license under
3677	3677	16 this Act when:
3678	3678	17 1) at least 10 years have elapsed since the date when
3679	3679	18 the sentence for the most recent such conviction was
3680	3680	19 satisfactorily completed;
3681	3681	20 2) the applicant has no history of criminal activity
3682	3682	21 subsequent to such conviction;
3683	3683	22 3) the applicant has complied with all conditions of
3684	3684	23 probation, conditional discharge, supervision, parole or
3685	3685	24 mandatory supervised release; and
3686	3686	25 4) the applicant presents at least 3 letters of
3687	3687	26 recommendation from responsible citizens in his community
3688	3688
3689	3689
3690	3690
3691	3691
3692	3692
3693	3693	SB0280 - 103 - LRB103 24970 AMQ 51304 b
3694	3694
3695	3695
3696	3696	SB0280- 104 -LRB103 24970 AMQ 51304 b SB0280 - 104 - LRB103 24970 AMQ 51304 b
3697	3697	SB0280 - 104 - LRB103 24970 AMQ 51304 b
3698	3698	1 who personally can attest that the character and attitude
3699	3699	2 of the applicant indicate that he is unlikely to commit
3700	3700	3 another crime.
3701	3701	4 The Division Department may revoke, without notice or a
3702	3702	5 hearing, the license of any agent who violates this Act or any
3703	3703	6 rule or regulation promulgated pursuant to this Act. However,
3704	3704	7 if the Division Department does revoke a license without
3705	3705	8 notice and an opportunity for a hearing, the Division
3706	3706	9 Department shall, by appropriate notice, afford the person
3707	3707	10 whose license has been revoked an opportunity for a hearing
3708	3708	11 within 30 days after the revocation order has been issued. As a
3709	3709	12 result of any such hearing, the Division Department may
3710	3710	13 confirm its action in revoking the license, or it may order the
3711	3711	14 restoration of such license.
3712	3712	15 (Source: P.A. 97-464, eff. 10-15-11.)
3713	3713	16 (20 ILCS 1605/10.1a) (from Ch. 120, par. 1160.1a)
3714	3714	17 Sec. 10.1a. In addition to other grounds specified in this
3715	3715	18 Act, the Division Department shall refuse to issue and shall
3716	3716	19 suspend the license of any lottery sales agency who fails to
3717	3717	20 file a return, or to pay the tax, penalty or interest shown in
3718	3718	21 a filed return, or to pay any final assessment of tax, penalty
3719	3719	22 or interest, as required by any tax Act administered by the
3720	3720	23 Department of Revenue, until such time as the requirements of
3721	3721	24 any such tax Act are satisfied, unless the agency is
3722	3722	25 contesting, in accordance with the procedures established by
3723	3723
3724	3724
3725	3725
3726	3726
3727	3727
3728	3728	SB0280 - 104 - LRB103 24970 AMQ 51304 b
3729	3729
3730	3730
3731	3731	SB0280- 105 -LRB103 24970 AMQ 51304 b SB0280 - 105 - LRB103 24970 AMQ 51304 b
3732	3732	SB0280 - 105 - LRB103 24970 AMQ 51304 b
3733	3733	1 the appropriate revenue Act, its liability for the tax or the
3734	3734	2 amount of tax. The Division Department shall affirmatively
3735	3735	3 verify the tax status of every sales agency before issuing or
3736	3736	4 renewing a license. For purposes of this Section, a sales
3737	3737	5 agency shall not be considered delinquent in the payment of a
3738	3738	6 tax if the agency (a) has entered into an agreement with the
3739	3739	7 Department of Revenue for the payment of all such taxes that
3740	3740	8 are due and (b) is in compliance with the agreement.
3741	3741	9 (Source: P.A. 97-464, eff. 10-15-11.)
3742	3742	10 (20 ILCS 1605/10.2) (from Ch. 120, par. 1160.2)
3743	3743	11 Sec. 10.2. Application and other fees. Each application
3744	3744	12 for a new lottery license must be accompanied by a one-time
3745	3745	13 application fee of $50; the Division Department, however, may
3746	3746	14 waive the fee for licenses of limited duration as provided by
3747	3747	15 Division Department rule. Each application for renewal of a
3748	3748	16 lottery license must be accompanied by a renewal fee of $25.
3749	3749	17 Each lottery licensee granted on-line status pursuant to the
3750	3750	18 Division's Department's rules must pay a fee of $10 per week as
3751	3751	19 partial reimbursement for telecommunications charges incurred
3752	3752	20 by the Division Department in providing access to the
3753	3753	21 lottery's on-line gaming system. The Division Department, by
3754	3754	22 rule, may increase or decrease the amount of these fees.
3755	3755	23 (Source: P.A. 97-464, eff. 10-15-11.)
3756	3756	24 (20 ILCS 1605/10.3) (from Ch. 120, par. 1160.3)
3757	3757
3758	3758
3759	3759
3760	3760
3761	3761
3762	3762	SB0280 - 105 - LRB103 24970 AMQ 51304 b
3763	3763
3764	3764
3765	3765	SB0280- 106 -LRB103 24970 AMQ 51304 b SB0280 - 106 - LRB103 24970 AMQ 51304 b
3766	3766	SB0280 - 106 - LRB103 24970 AMQ 51304 b
3767	3767	1 Sec. 10.3. All proceeds from the sale of lottery tickets
3768	3768	2 or shares received by a person in the capacity of a sales agent
3769	3769	3 shall constitute a trust fund until paid to the Division
3770	3770	4 Department either directly, or through the Division's
3771	3771	5 Department's authorized collection representative. Proceeds
3772	3772	6 shall include unsold instant tickets received by a sales agent
3773	3773	7 and cash proceeds of sale of any lottery products, net of
3774	3774	8 allowable sales commissions and credit for lottery prizes paid
3775	3775	9 to winners by sales agents. Sales proceeds and unsold instant
3776	3776	10 tickets shall be delivered to the Division Department or its
3777	3777	11 authorized collection representative upon demand. Sales agents
3778	3778	12 shall be personally liable for all proceeds which shall be
3779	3779	13 kept separate and apart from all other funds and assets and
3780	3780	14 shall not be commingled with any other funds or assets. In the
3781	3781	15 case of a sales agent who is not an individual, personal
3782	3782	16 liability shall attach to the owners and officers of the sales
3783	3783	17 agent. The Division Department shall have a right to file a
3784	3784	18 lien upon all real and personal property of any person who is
3785	3785	19 personally liable under this Section for any unpaid proceeds,
3786	3786	20 which were to be segregated as a trust fund under this Section,
3787	3787	21 at any time after such payment was to have been made. Such lien
3788	3788	22 shall include any interest and penalty provided for by this
3789	3789	23 Act and shall be deemed equivalent to, and have the same effect
3790	3790	24 as, the State tax lien under the Retailers' Occupation Tax
3791	3791	25 Act. The term "person" as used in this Section, and in Section
3792	3792	26 10.4 of this Act, shall have the same meaning as provided in
3793	3793
3794	3794
3795	3795
3796	3796
3797	3797
3798	3798	SB0280 - 106 - LRB103 24970 AMQ 51304 b
3799	3799
3800	3800
3801	3801	SB0280- 107 -LRB103 24970 AMQ 51304 b SB0280 - 107 - LRB103 24970 AMQ 51304 b
3802	3802	SB0280 - 107 - LRB103 24970 AMQ 51304 b
3803	3803	1 Section 10 of this Act. This Section, and Sections 10.4 and
3804	3804	2 10.5 of this Act shall apply with respect to all lottery
3805	3805	3 tickets or shares generated by computer terminal, other
3806	3806	4 electronic device, and any other tickets delivered to sales
3807	3807	5 agents on and after September 1, 1987.
3808	3808	6 (Source: P.A. 86-905.)
3809	3809	7 (20 ILCS 1605/10.4) (from Ch. 120, par. 1160.4)
3810	3810	8 Sec. 10.4. Every person who shall violate the provisions
3811	3811	9 of Section 10.3, or who does not segregate and keep separate
3812	3812	10 and apart from all other funds and assets, all proceeds from
3813	3813	11 the sale of lottery tickets received by a person in the
3814	3814	12 capacity of a sales agent, shall upon conviction thereof be
3815	3815	13 guilty of a Class 4 felony. The provisions of this Section
3816	3816	14 shall be enforced by the Illinois State Police and prosecuted
3817	3817	15 by the Attorney General.
3818	3818	16 (Source: P.A. 102-538, eff. 8-20-21.)
3819	3819	17 (20 ILCS 1605/10.5) (from Ch. 120, par. 1160.5)
3820	3820	18 Sec. 10.5. Whenever any person who receives proceeds from
3821	3821	19 the sale of lottery tickets in the capacity of sales agent
3822	3822	20 becomes insolvent, or dies insolvent, the proceeds due the
3823	3823	21 Division Department from such person or his estate shall have
3824	3824	22 preference over all debts or demands, except as follows:
3825	3825	23 (a) Amounts due for necessary funeral expenses;
3826	3826	24 (b) Amounts due for medical care and medicine during his
3827	3827
3828	3828
3829	3829
3830	3830
3831	3831
3832	3832	SB0280 - 107 - LRB103 24970 AMQ 51304 b
3833	3833
3834	3834
3835	3835	SB0280- 108 -LRB103 24970 AMQ 51304 b SB0280 - 108 - LRB103 24970 AMQ 51304 b
3836	3836	SB0280 - 108 - LRB103 24970 AMQ 51304 b
3837	3837	1 most recent illness preceding death;
3838	3838	2 (c) Debts due to the United States;
3839	3839	3 (d) Debts due to the State of Illinois and all State and
3840	3840	4 local taxes; and
3841	3841	5 (e) Wages for labor performed within the 6 months
3842	3842	6 immediately preceding the death of such deceased person, not
3843	3843	7 exceeding $1,000 due to another person and provided further
3844	3844	8 that such proceeds shall be nondischargeable in insolvency
3845	3845	9 proceedings instituted pursuant to Chapter 7, Chapter 11, or
3846	3846	10 Chapter 13 of the Federal Bankruptcy Act.
3847	3847	11 (Source: P.A. 85-183.)
3848	3848	12 (20 ILCS 1605/10.6) (from Ch. 120, par. 1160.6)
3849	3849	13 Sec. 10.6. The Division Department shall make an effort to
3850	3850	14 more directly inform players of the odds of winning prizes.
3851	3851	15 This effort shall include, at a minimum, that the Division
3852	3852	16 Department require all ticket agents to display a placard
3853	3853	17 stating the odds of winning for each game offered by that
3854	3854	18 agent.
3855	3855	19 (Source: P.A. 97-464, eff. 10-15-11.)
3856	3856	20 (20 ILCS 1605/10.7)
3857	3857	21 Sec. 10.7. Compulsive gambling.
3858	3858	22 (a) Each lottery sales agent shall post a statement
3859	3859	23 regarding obtaining assistance with gambling problems and
3860	3860	24 including a toll-free "800" telephone number providing crisis
3861	3861
3862	3862
3863	3863
3864	3864
3865	3865
3866	3866	SB0280 - 108 - LRB103 24970 AMQ 51304 b
3867	3867
3868	3868
3869	3869	SB0280- 109 -LRB103 24970 AMQ 51304 b SB0280 - 109 - LRB103 24970 AMQ 51304 b
3870	3870	SB0280 - 109 - LRB103 24970 AMQ 51304 b
3871	3871	1 counseling and referral services to families experiencing
3872	3872	2 difficulty as a result of problem or compulsive gambling. The
3873	3873	3 text of the statement shall be determined by rule by the
3874	3874	4 Department of Human Services, shall be no more than one
3875	3875	5 sentence in length, and shall be posted on the placard
3876	3876	6 required under Section 10.6. The signs shall be provided by
3877	3877	7 the Department of Human Services.
3878	3878	8 (b) The Division Department shall print a statement
3879	3879	9 regarding obtaining assistance with gambling problems, the
3880	3880	10 text of which shall be determined by rule by the Department of
3881	3881	11 Human Services, on all paper stock it provides to the general
3882	3882	12 public.
3883	3883	13 (c) The Division Department shall print a statement of no
3884	3884	14 more than one sentence in length regarding obtaining
3885	3885	15 assistance with gambling problems and including a toll-free
3886	3886	16 "800" number providing crisis counseling and referral services
3887	3887	17 to families experiencing difficulty as a result of problem or
3888	3888	18 compulsive gambling on the back of all lottery tickets.
3889	3889	19 (Source: P.A. 97-464, eff. 10-15-11.)
3890	3890	20 (20 ILCS 1605/10.8)
3891	3891	21 Sec. 10.8. Specialty retailers license.
3892	3892	22 (a) "Veterans service organization" means an organization
3893	3893	23 that:
3894	3894	24 (1) is formed by and for United States military
3895	3895	25 veterans;
3896	3896
3897	3897
3898	3898
3899	3899
3900	3900
3901	3901	SB0280 - 109 - LRB103 24970 AMQ 51304 b
3902	3902
3903	3903
3904	3904	SB0280- 110 -LRB103 24970 AMQ 51304 b SB0280 - 110 - LRB103 24970 AMQ 51304 b
3905	3905	SB0280 - 110 - LRB103 24970 AMQ 51304 b
3906	3906	1 (2) is chartered by the United States Congress and
3907	3907	2 incorporated in the State of Illinois;
3908	3908	3 (3) maintains a state headquarters office in the State
3909	3909	4 of Illinois; and
3910	3910	5 (4) is not funded by the State of Illinois or by any
3911	3911	6 county in this State.
3912	3912	7 (b) The Division Department shall establish a special
3913	3913	8 classification of retailer license to facilitate the
3914	3914	9 year-round sale of the instant scratch-off lottery game
3915	3915	10 established by the General Assembly in Section 21.6. The fees
3916	3916	11 set forth in Section 10.2 do not apply to a specialty retailer
3917	3917	12 license.
3918	3918	13 The holder of a specialty retailer license (i) shall be a
3919	3919	14 veterans service organization, (ii) may sell only specialty
3920	3920	15 lottery tickets established for the benefit of the Illinois
3921	3921	16 Veterans Assistance Fund in the State treasury, (iii) is
3922	3922	17 required to purchase those tickets up front at face value from
3923	3923	18 the Illinois Lottery, and (iv) must sell those tickets at face
3924	3924	19 value. Specialty retailers may obtain a refund from the
3925	3925	20 Division Department for any unsold specialty tickets that they
3926	3926	21 have purchased for resale, as set forth in the specialty
3927	3927	22 retailer agreement.
3928	3928	23 Specialty retailers shall receive a sales commission equal
3929	3929	24 to 2% of the face value of specialty game tickets purchased
3930	3930	25 from the Division Department, less adjustments for unsold
3931	3931	26 tickets returned to the Illinois Lottery for credit. Specialty
3932	3932
3933	3933
3934	3934
3935	3935
3936	3936
3937	3937	SB0280 - 110 - LRB103 24970 AMQ 51304 b
3938	3938
3939	3939
3940	3940	SB0280- 111 -LRB103 24970 AMQ 51304 b SB0280 - 111 - LRB103 24970 AMQ 51304 b
3941	3941	SB0280 - 111 - LRB103 24970 AMQ 51304 b
3942	3942	1 retailers may not cash winning tickets, but are entitled to a
3943	3943	2 1% bonus in connection with the sale of a winning specialty
3944	3944	3 game ticket having a price value of $1,000 or more.
3945	3945	4 (Source: P.A. 100-201, eff. 8-18-17.)
3946	3946	5 (20 ILCS 1605/12) (from Ch. 120, par. 1162)
3947	3947	6 Sec. 12. The public inspection and copying of the records
3948	3948	7 and data of the Division Department and the Board shall be
3949	3949	8 generally governed by the provisions of the Freedom of
3950	3950	9 Information Act except that the following shall additionally
3951	3951	10 be exempt from inspection and copying:
3952	3952	11 (i) information privileged against introduction in
3953	3953	12 judicial proceedings;
3954	3954	13 (ii) internal communications of the several agencies;
3955	3955	14 (iii) information concerning secret manufacturing
3956	3956	15 processes or confidential data submitted by any person
3957	3957	16 under this Act;
3958	3958	17 (iv) any creative proposals, scripts, storyboards or
3959	3959	18 other materials prepared by or for the Division
3960	3960	19 Department, prior to the placement of the materials in the
3961	3961	20 media, if the prior release of the materials would
3962	3962	21 compromise the effectiveness of an advertising campaign.
3963	3963	22 (Source: P.A. 97-464, eff. 10-15-11.)
3964	3964	23 (20 ILCS 1605/13) (from Ch. 120, par. 1163)
3965	3965	24 Sec. 13. Except as otherwise provided in Section 13.1, no
3966	3966
3967	3967
3968	3968
3969	3969
3970	3970
3971	3971	SB0280 - 111 - LRB103 24970 AMQ 51304 b
3972	3972
3973	3973
3974	3974	SB0280- 112 -LRB103 24970 AMQ 51304 b SB0280 - 112 - LRB103 24970 AMQ 51304 b
3975	3975	SB0280 - 112 - LRB103 24970 AMQ 51304 b
3976	3976	1 prize, nor any portion of a prize, nor any right of any person
3977	3977	2 to a prize awarded shall be assignable. Any prize, or portion
3978	3978	3 thereof remaining unpaid at the death of a prize winner, may be
3979	3979	4 paid to the estate of such deceased prize winner, or to the
3980	3980	5 trustee under a revocable living trust established by the
3981	3981	6 deceased prize winner as settlor, provided that a copy of such
3982	3982	7 a trust has been filed with the Division Department along with
3983	3983	8 a notarized letter of direction from the settlor and no
3984	3984	9 written notice of revocation has been received by the Division
3985	3985	10 Department prior to the settlor's death. Following such a
3986	3986	11 settlor's death and prior to any payment to such a successor
3987	3987	12 trustee, the Director shall obtain from the trustee a written
3988	3988	13 agreement to indemnify and hold the Director and the Division
3989	3989	14 Department harmless with respect to any claims that may be
3990	3990	15 asserted against the Division Department arising from payment
3991	3991	16 to or through the trust. Notwithstanding any other provision
3992	3992	17 of this Section, any person pursuant to an appropriate
3993	3993	18 judicial order may be paid the prize to which a winner is
3994	3994	19 entitled, and all or part of any prize otherwise payable by
3995	3995	20 State warrant under this Section shall be withheld upon
3996	3996	21 certification to the State Comptroller from the Department of
3997	3997	22 Healthcare and Family Services as provided in Section 10-17.5
3998	3998	23 of The Illinois Public Aid Code. The Director and the Division
3999	3999	24 Department shall be discharged of all further liability upon
4000	4000	25 payment of a prize pursuant to this Section.
4001	4001	26 (Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
4002	4002
4003	4003
4004	4004
4005	4005
4006	4006
4007	4007	SB0280 - 112 - LRB103 24970 AMQ 51304 b
4008	4008
4009	4009
4010	4010	SB0280- 113 -LRB103 24970 AMQ 51304 b SB0280 - 113 - LRB103 24970 AMQ 51304 b
4011	4011	SB0280 - 113 - LRB103 24970 AMQ 51304 b
4012	4012	1 (20 ILCS 1605/13.1)
4013	4013	2 Sec. 13.1. Assignment of prizes payable in installments.
4014	4014	3 (a) The right of any person to receive payments under a
4015	4015	4 prize that is paid in installments over time by the Division
4016	4016	5 Department may be voluntarily assigned, in whole or in part,
4017	4017	6 if the assignment is made to a person or entity designated
4018	4018	7 pursuant to an order of a court of competent jurisdiction
4019	4019	8 located in the judicial circuit where the assigning prize
4020	4020	9 winner resides or where the headquarters of the Division
4021	4021	10 Department is located. A court may issue an order approving a
4022	4022	11 voluntary assignment and directing the Division Department to
4023	4023	12 make prize payments in whole or in part to the designated
4024	4024	13 assignee, if the court finds that all of the following
4025	4025	14 conditions have been met:
4026	4026	15 (1) The assignment is in writing, is executed by the
4027	4027	16 assignor, and is, by its terms, subject to the laws of this
4028	4028	17 State.
4029	4029	18 (2) The purchase price being paid for the payments
4030	4030	19 being assigned represents a present value of the payments
4031	4031	20 being assigned, discounted at an annual rate that does not
4032	4032	21 exceed 10 percentage points over the Wall Street Journal
4033	4033	22 prime rate published on the business day prior to the date
4034	4034	23 of execution of the contract.
4035	4035	24 (3) The contract of assignment expressly states that
4036	4036	25 the assignor has 3 business days after the contract was
4037	4037
4038	4038
4039	4039
4040	4040
4041	4041
4042	4042	SB0280 - 113 - LRB103 24970 AMQ 51304 b
4043	4043
4044	4044
4045	4045	SB0280- 114 -LRB103 24970 AMQ 51304 b SB0280 - 114 - LRB103 24970 AMQ 51304 b
4046	4046	SB0280 - 114 - LRB103 24970 AMQ 51304 b
4047	4047	1 signed to cancel the assignment.
4048	4048	2 (4) The assignor provides a sworn affidavit attesting
4049	4049	3 that he or she:
4050	4050	4 (i) is of sound mind, is in full command of his or
4051	4051	5 her faculties, and is not acting under duress;
4052	4052	6 (ii) has been advised regarding the assignment by
4053	4053	7 his or her own independent legal counsel, who is
4054	4054	8 unrelated to and is not being compensated by the
4055	4055	9 assignee or any of the assignee's affiliates, and has
4056	4056	10 received independent financial or tax advice
4057	4057	11 concerning the effects of the assignment from a lawyer
4058	4058	12 or other professional who is unrelated to and is not
4059	4059	13 being compensated by the assignee or any of the
4060	4060	14 assignee's affiliates;
4061	4061	15 (iii) understands that he or she will not receive
4062	4062	16 the prize payments or portions thereof for the years
4063	4063	17 assigned;
4064	4064	18 (iv) understands and agrees that, with regard to
4065	4065	19 the assigned payments, the Division Department and its
4066	4066	20 officials and employees will have no further liability
4067	4067	21 or responsibility to make the assigned payments to him
4068	4068	22 or her;
4069	4069	23 (v) has been provided with a one-page written
4070	4070	24 disclosure statement setting forth, in bold type of
4071	4071	25 not less than 14 points, the payments being assigned,
4072	4072	26 by amounts and payment dates; the purchase price being
4073	4073
4074	4074
4075	4075
4076	4076
4077	4077
4078	4078	SB0280 - 114 - LRB103 24970 AMQ 51304 b
4079	4079
4080	4080
4081	4081	SB0280- 115 -LRB103 24970 AMQ 51304 b SB0280 - 115 - LRB103 24970 AMQ 51304 b
4082	4082	SB0280 - 115 - LRB103 24970 AMQ 51304 b
4083	4083	1 paid; the rate of discount to present value, assuming
4084	4084	2 daily compounding and funding on the contract date;
4085	4085	3 and the amount, if any, of any origination or closing
4086	4086	4 fees that will be charged to him or her; and
4087	4087	5 (vi) was advised in writing, at the time he or she
4088	4088	6 signed the assignment contract, that he or she had the
4089	4089	7 right to cancel the contract, without any further
4090	4090	8 obligation, within 3 business days following the date
4091	4091	9 on which the contract was signed.
4092	4092	10 (5) Written notice of the proposed assignment and any
4093	4093	11 court hearing concerning the proposed assignment is
4094	4094	12 provided to the Division's Department's counsel at least
4095	4095	13 30 days prior to any court hearing. The Division
4096	4096	14 Department is not required to appear in or be named as a
4097	4097	15 party to any such action seeking judicial confirmation of
4098	4098	16 an assignment under this Section, but may intervene as of
4099	4099	17 right in any such proceeding.
4100	4100	18 (b) A certified copy of a court order approving a
4101	4101	19 voluntary assignment must be provided to the Division
4102	4102	20 Department no later than 30 days before the date on which the
4103	4103	21 payment is to be made.
4104	4104	22 (c) A court order obtained pursuant to this Section,
4105	4105	23 together with all such prior orders, shall not require the
4106	4106	24 Division Department to divide any single prize payment among
4107	4107	25 more than 3 different persons. Nothing in this Section shall
4108	4108	26 prohibit substituting assignees as long as there are no more
4109	4109
4110	4110
4111	4111
4112	4112
4113	4113
4114	4114	SB0280 - 115 - LRB103 24970 AMQ 51304 b
4115	4115
4116	4116
4117	4117	SB0280- 116 -LRB103 24970 AMQ 51304 b SB0280 - 116 - LRB103 24970 AMQ 51304 b
4118	4118	SB0280 - 116 - LRB103 24970 AMQ 51304 b
4119	4119	1 than 3 assignees at any one time for any one prize payment.
4120	4120	2 (d) If a husband and wife are co-owners of a prize, any
4121	4121	3 assignment of the prize must be made jointly.
4122	4122	4 (e) A voluntary assignment may not include portions of
4123	4123	5 payments that are subject to offset on account of a defaulted
4124	4124	6 or delinquent child support obligation, non-wage garnishment,
4125	4125	7 or criminal restitution obligation or on account of a debt
4126	4126	8 owed to a State agency. Each court order issued under
4127	4127	9 subsection (a) shall provide that any delinquent child support
4128	4128	10 or criminal restitution obligations of the assigning prize
4129	4129	11 winner and any debts owed to a State agency by the assigning
4130	4130	12 prize winner, as of the date of the court order, shall be set
4131	4131	13 off by the Division Department first against remaining
4132	4132	14 payments or portions thereof due the prize winner and then
4133	4133	15 against payments due the assignee.
4134	4134	16 (f) The Division Department and its respective officials
4135	4135	17 and employees shall be discharged of all liability upon
4136	4136	18 payment of an assigned prize under this Section. The assignor
4137	4137	19 and assignee shall hold harmless and indemnify the Division
4138	4138	20 Department, the State of Illinois, and its employees and
4139	4139	21 agents from all claims, actions, suits, complaints, and
4140	4140	22 liabilities related to the assignment.
4141	4141	23 (g) The Division Department may establish a reasonable fee
4142	4142	24 to defray any administrative expenses associated with
4143	4143	25 assignments made under this Section, including the cost to the
4144	4144	26 Division Department of any processing fee that may be imposed
4145	4145
4146	4146
4147	4147
4148	4148
4149	4149
4150	4150	SB0280 - 116 - LRB103 24970 AMQ 51304 b
4151	4151
4152	4152
4153	4153	SB0280- 117 -LRB103 24970 AMQ 51304 b SB0280 - 117 - LRB103 24970 AMQ 51304 b
4154	4154	SB0280 - 117 - LRB103 24970 AMQ 51304 b
4155	4155	1 by a private annuity provider. The fee amount shall reflect
4156	4156	2 the direct and indirect costs associated with processing
4157	4157	3 assignments.
4158	4158	4 (h) If at any time the Internal Revenue Service or a court
4159	4159	5 of competent jurisdiction issues a determination letter,
4160	4160	6 revenue ruling, other public ruling of the Internal Revenue
4161	4161	7 Service, or published decision to the Division Department or
4162	4162	8 to any lottery prize winner declaring that the voluntary
4163	4163	9 assignment of prizes will affect the federal income tax
4164	4164	10 treatment of prize winners who do not assign their prizes, the
4165	4165	11 Division Department shall immediately file a copy of that
4166	4166	12 letter, ruling, or published decision with the Attorney
4167	4167	13 General, the Secretary of State, and the Administrative Office
4168	4168	14 of the Illinois Courts. A court may not issue an order
4169	4169	15 authorizing a voluntary assignment under this Section after
4170	4170	16 the date any such ruling, letter, or published decision is
4171	4171	17 filed.
4172	4172	18 (i) A contract of assignment in which the assignor is a
4173	4173	19 lottery winner shall include a sworn affidavit from the
4174	4174	20 assignee. The form of the affidavit shall be established by
4175	4175	21 the Division Department and shall include:
4176	4176	22 (1) a summary of assignee contacts with the winner;
4177	4177	23 (2) a summary of any lawsuits, claims, and other legal
4178	4178	24 actions from lottery winners regarding conduct of the
4179	4179	25 assignee or its agents;
4180	4180	26 (3) a statement that the assignee is in good standing
4181	4181
4182	4182
4183	4183
4184	4184
4185	4185
4186	4186	SB0280 - 117 - LRB103 24970 AMQ 51304 b
4187	4187
4188	4188
4189	4189	SB0280- 118 -LRB103 24970 AMQ 51304 b SB0280 - 118 - LRB103 24970 AMQ 51304 b
4190	4190	SB0280 - 118 - LRB103 24970 AMQ 51304 b
4191	4191	1 in its state of domicile and with any other licensing or
4192	4192	2 regulatory agency as may be required in the conduct of its
4193	4193	3 business;
4194	4194	4 (4) a brief business history of the assignee;
4195	4195	5 (5) a statement describing the nature of the business
4196	4196	6 of the assignee; and
4197	4197	7 (6) a statement of the assignee's privacy and
4198	4198	8 non-harassment policies and express affirmation that the
4199	4199	9 assignee has followed those policies in Illinois.
4200	4200	10 (j) The assignee shall notify the Division Department of
4201	4201	11 its business location and mailing address for payment purposes
4202	4202	12 during the entire course of the assignment.
4203	4203	13 (Source: P.A. 93-465, eff. 1-1-04.)
4204	4204	14 (20 ILCS 1605/14) (from Ch. 120, par. 1164)
4205	4205	15 Sec. 14. No person shall sell a ticket or share at a price
4206	4206	16 greater than that fixed by rule or regulation of the Division
4207	4207	17 Department. No person other than a licensed lottery sales
4208	4208	18 agent or distributor shall sell or resell lottery tickets or
4209	4209	19 shares. No person shall charge a fee to redeem a winning ticket
4210	4210	20 or share.
4211	4211	21 Any person convicted of violating this Section shall be
4212	4212	22 guilty of a Class B misdemeanor; provided, that if any offense
4213	4213	23 under this Section is a subsequent offense, the offender shall
4214	4214	24 be guilty of a Class 4 felony.
4215	4215	25 (Source: P.A. 97-464, eff. 10-15-11.)
4216	4216
4217	4217
4218	4218
4219	4219
4220	4220
4221	4221	SB0280 - 118 - LRB103 24970 AMQ 51304 b
4222	4222
4223	4223
4224	4224	SB0280- 119 -LRB103 24970 AMQ 51304 b SB0280 - 119 - LRB103 24970 AMQ 51304 b
4225	4225	SB0280 - 119 - LRB103 24970 AMQ 51304 b
4226	4226	1 (20 ILCS 1605/14.3)
4227	4227	2 Sec. 14.3. Misuse of proprietary material prohibited.
4228	4228	3 Except as may be provided in Section 7.11, or by bona fide sale
4229	4229	4 or by prior authorization from the Department or the Division,
4230	4230	5 or otherwise by law, all premiums, promotional and other
4231	4231	6 proprietary material produced or acquired by the Division
4232	4232	7 Department as part of its advertising and promotional
4233	4233	8 activities shall remain the property of the Division
4234	4234	9 Department. Nothing herein shall be construed to affect the
4235	4235	10 rights or obligations of the Division Department or any other
4236	4236	11 person under federal or State trademark or copyright laws.
4237	4237	12 (Source: P.A. 97-464, eff. 10-15-11.)
4238	4238	13 (20 ILCS 1605/14.4)
4239	4239	14 Sec. 14.4. Investigators.
4240	4240	15 (a) The Division Department has the power to appoint
4241	4241	16 investigators to conduct investigations, searches, seizures,
4242	4242	17 arrests, and other duties required to enforce the provisions
4243	4243	18 of this Act and prevent the perpetration of fraud upon the
4244	4244	19 Division Department or the public. These investigators have
4245	4245	20 and may exercise all the powers of peace officers solely for
4246	4246	21 the purpose of ensuring the integrity of the lottery games
4247	4247	22 operated by the Division Department.
4248	4248	23 (b) The Director must authorize to each investigator
4249	4249	24 employed under this Section and to any other employee of the
4250	4250
4251	4251
4252	4252
4253	4253
4254	4254
4255	4255	SB0280 - 119 - LRB103 24970 AMQ 51304 b
4256	4256
4257	4257
4258	4258	SB0280- 120 -LRB103 24970 AMQ 51304 b SB0280 - 120 - LRB103 24970 AMQ 51304 b
4259	4259	SB0280 - 120 - LRB103 24970 AMQ 51304 b
4260	4260	1 Division Department exercising the powers of a peace officer a
4261	4261	2 distinct badge that, on its face, (i) clearly states that the
4262	4262	3 badge is authorized by the Department and (ii) contains a
4263	4263	4 unique identifying number. No other badge shall be authorized
4264	4264	5 by the Division Department.
4265	4265	6 (Source: P.A. 97-1121, eff. 8-27-12; 98-499, eff. 8-16-13.)
4266	4266	7 (20 ILCS 1605/15) (from Ch. 120, par. 1165)
4267	4267	8 Sec. 15. No minor under 18 years of age shall buy a lottery
4268	4268	9 ticket or share. No person shall sell, distribute samples of,
4269	4269	10 or furnish a lottery ticket or share to any minor under 18
4270	4270	11 years of age, buy a lottery ticket or share for any minor under
4271	4271	12 18 years of age, or aid and abet in the purchase of lottery
4272	4272	13 tickets or shares by a minor under 18 years of age.
4273	4273	14 No ticket or share shall be purchased by, and no prize
4274	4274	15 shall be paid to any of the following persons: any member of
4275	4275	16 the Board or any officer or other person employed by the
4276	4276	17 Division Board or the Department; any spouse, child, brother,
4277	4277	18 sister or parent residing as a member of the same household in
4278	4278	19 the principal place of abode of any such persons; or any minor
4279	4279	20 under 18 years of age.
4280	4280	21 Any violation of this Section by a person other than the
4281	4281	22 purchasing minor shall be a Class B misdemeanor; provided,
4282	4282	23 that if any violation of this Section is a subsequent
4283	4283	24 violation, the offender shall be guilty of a Class 4 felony.
4284	4284	25 Notwithstanding any provision to the contrary, a violation of
4285	4285
4286	4286
4287	4287
4288	4288
4289	4289
4290	4290	SB0280 - 120 - LRB103 24970 AMQ 51304 b
4291	4291
4292	4292
4293	4293	SB0280- 121 -LRB103 24970 AMQ 51304 b SB0280 - 121 - LRB103 24970 AMQ 51304 b
4294	4294	SB0280 - 121 - LRB103 24970 AMQ 51304 b
4295	4295	1 this Section by a minor under 18 years of age shall be a petty
4296	4296	2 offense.
4297	4297	3 (Source: P.A. 90-346, eff. 8-8-97.)
4298	4298	4 (20 ILCS 1605/19) (from Ch. 120, par. 1169)
4299	4299	5 Sec. 19. The Division Department shall establish an
4300	4300	6 appropriate period for the claiming of prizes for each lottery
4301	4301	7 game offered. Each claim period shall be stated in game rules
4302	4302	8 and written play instructions issued by the Director in
4303	4303	9 accordance with Section 7.1 of this Act. Written play
4304	4304	10 instructions shall be made available to all players through
4305	4305	11 sales agents licensed to sell game tickets or shares. Prizes
4306	4306	12 for lottery games which involve the purchase of a physical
4307	4307	13 lottery ticket may be claimed only by presentation of a valid
4308	4308	14 winning lottery ticket that matches validation records on file
4309	4309	15 with the Lottery; no claim may be honored which is based on the
4310	4310	16 assertion that the ticket was lost or stolen. No lottery
4311	4311	17 ticket which has been altered, mutilated, or fails to pass
4312	4312	18 validation tests shall be deemed to be a winning ticket.
4313	4313	19 If no claim is made for the money within the established
4314	4314	20 claim period, the prize may be included in the prize pool of
4315	4315	21 such special drawing or drawings as the Division Department
4316	4316	22 may, from time to time, designate. Unclaimed multi-state game
4317	4317	23 prize money may be included in the multi-state prize pool for
4318	4318	24 such special drawing or drawings as the multi-state game
4319	4319	25 directors may, from time to time, designate. Any bonuses
4320	4320
4321	4321
4322	4322
4323	4323
4324	4324
4325	4325	SB0280 - 121 - LRB103 24970 AMQ 51304 b
4326	4326
4327	4327
4328	4328	SB0280- 122 -LRB103 24970 AMQ 51304 b SB0280 - 122 - LRB103 24970 AMQ 51304 b
4329	4329	SB0280 - 122 - LRB103 24970 AMQ 51304 b
4330	4330	1 offered by the Division Department to sales agents who sell
4331	4331	2 winning tickets or shares shall be payable to such agents
4332	4332	3 regardless of whether or not the prize money on the ticket or
4333	4333	4 share is claimed, provided that the agent can be identified as
4334	4334	5 the vendor of the winning ticket or share, and that the winning
4335	4335	6 ticket or share was sold on or after January 1, 1984. All
4336	4336	7 unclaimed prize money not included in the prize pool of a
4337	4337	8 special drawing shall be transferred to the Common School
4338	4338	9 Fund.
4339	4339	10 (Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
4340	4340	11 (20 ILCS 1605/20.1) (from Ch. 120, par. 1170.1)
4341	4341	12 Sec. 20.1. Division Department account.
4342	4342	13 (a) The Division Department is authorized to pay validated
4343	4343	14 prizes up to $25,000 from funds held by the Division
4344	4344	15 Department in an account separate and apart from all public
4345	4345	16 moneys of the State. Moneys in this account shall be
4346	4346	17 administered by the Director exclusively for the purposes of
4347	4347	18 issuing payments to prize winners authorized by this Section.
4348	4348	19 Moneys in this account shall be deposited by the Division
4349	4349	20 Department into the Public Treasurers' Investment Pool
4350	4350	21 established under Section 17 of the State Treasurer Act. The
4351	4351	22 Division Department shall submit vouchers from time to time as
4352	4352	23 needed for reimbursement of this account from moneys
4353	4353	24 appropriated for prizes from the State Lottery Fund.
4354	4354	25 Investment income earned from this account shall be deposited
4355	4355
4356	4356
4357	4357
4358	4358
4359	4359
4360	4360	SB0280 - 122 - LRB103 24970 AMQ 51304 b
4361	4361
4362	4362
4363	4363	SB0280- 123 -LRB103 24970 AMQ 51304 b SB0280 - 123 - LRB103 24970 AMQ 51304 b
4364	4364	SB0280 - 123 - LRB103 24970 AMQ 51304 b
4365	4365	1 monthly by the Division Department into the Common School
4366	4366	2 Fund. The Division Department shall file quarterly fiscal
4367	4367	3 reports specifying the activity of this account as required
4368	4368	4 under Section 16 of the State Comptroller Act, and shall file
4369	4369	5 quarterly with the General Assembly, the Auditor General, the
4370	4370	6 Comptroller, and the State Treasurer a report indicating the
4371	4371	7 costs associated with this activity.
4372	4372	8 (b) The Division Department is authorized to enter into an
4373	4373	9 interagency agreement with the Office of the Comptroller or
4374	4374	10 any other State agency to establish responsibilities, duties,
4375	4375	11 and procedures for complying with the Comptroller's Offset
4376	4376	12 System under Section 10.05 of the State Comptroller Act. All
4377	4377	13 federal and State tax reporting and withholding requirements
4378	4378	14 relating to prize winners under this Section shall be the
4379	4379	15 responsibility of the Division Department. Moneys from this
4380	4380	16 account may not be used to pay amounts to deferred prize
4381	4381	17 winners. Moneys may not be transferred from the State Lottery
4382	4382	18 Fund to this account for payment of prizes under this Section
4383	4383	19 until procedures are implemented to comply with the
4384	4384	20 Comptroller's Offset System and sufficient internal controls
4385	4385	21 are in place to validate prizes.
4386	4386	22 (Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
4387	4387	23 (20 ILCS 1605/21) (from Ch. 120, par. 1171)
4388	4388	24 Sec. 21. All lottery sales agents or distributors shall be
4389	4389	25 liable to the Lottery for any and all tickets accepted or
4390	4390
4391	4391
4392	4392
4393	4393
4394	4394
4395	4395	SB0280 - 123 - LRB103 24970 AMQ 51304 b
4396	4396
4397	4397
4398	4398	SB0280- 124 -LRB103 24970 AMQ 51304 b SB0280 - 124 - LRB103 24970 AMQ 51304 b
4399	4399	SB0280 - 124 - LRB103 24970 AMQ 51304 b
4400	4400	1 generated by any employee or representative of that agent or
4401	4401	2 distributor, and such tickets shall be deemed to have been
4402	4402	3 purchased by the agent or distributor unless returned to the
4403	4403	4 Lottery within the time and in the manner prescribed by the
4404	4404	5 Director. All moneys received by such agents or distributors
4405	4405	6 from the sale of lottery tickets or shares, less the amount
4406	4406	7 retained as compensation for the sale of the tickets or shares
4407	4407	8 and the amount paid out as prizes, shall be paid over to a
4408	4408	9 lottery representative or deposited in a bank or savings and
4409	4409	10 loan association approved by the State Treasurer, as
4410	4410	11 prescribed by the Director.
4411	4411	12 No bank or savings and loan association shall receive
4412	4412	13 public funds as permitted by this Section, unless it has
4413	4413	14 complied with the requirements established pursuant to Section
4414	4414	15 6 of the Public Funds Investment Act.
4415	4415	16 Each payment or deposit shall be accompanied by a report
4416	4416	17 of the agent's receipts and transactions in the sale of
4417	4417	18 lottery tickets in such form and containing such information
4418	4418	19 as the Director may require. Any discrepancies in such
4419	4419	20 receipts and transactions may be resolved as provided by the
4420	4420	21 rules and regulations of the Division Department.
4421	4421	22 If any money due the Lottery by a sales agent or
4422	4422	23 distributor is not paid when due or demanded, it shall
4423	4423	24 immediately become delinquent and be billed on a subsequent
4424	4424	25 monthly statement. If on the closing date for any monthly
4425	4425	26 statement a delinquent amount previously billed of more than
4426	4426
4427	4427
4428	4428
4429	4429
4430	4430
4431	4431	SB0280 - 124 - LRB103 24970 AMQ 51304 b
4432	4432
4433	4433
4434	4434	SB0280- 125 -LRB103 24970 AMQ 51304 b SB0280 - 125 - LRB103 24970 AMQ 51304 b
4435	4435	SB0280 - 125 - LRB103 24970 AMQ 51304 b
4436	4436	1 $50 remains unpaid, interest in such amount shall be accrued
4437	4437	2 at the rate of 2% per month or fraction thereof from the date
4438	4438	3 when such delinquent amount becomes past due until such
4439	4439	4 delinquent amount, including interest, penalty and other costs
4440	4440	5 and charges that the Division Department may incur in
4441	4441	6 collecting such amounts, is paid. In case any agent or
4442	4442	7 distributor fails to pay any moneys due the Lottery within 30
4443	4443	8 days after a second bill or statement is rendered to the agent
4444	4444	9 or distributor, such amount shall be deemed seriously
4445	4445	10 delinquent and may be referred by the Division Department to a
4446	4446	11 collection agency or credit bureau for collection. Any
4447	4447	12 contract entered into by the Division Department for the
4448	4448	13 collection of seriously delinquent accounts with a collection
4449	4449	14 agency or credit bureau may be satisfied by a commercially
4450	4450	15 reasonable percentage of the delinquent account recouped,
4451	4451	16 which shall be negotiated by the Division Department in
4452	4452	17 accordance with commercially accepted standards. Any costs
4453	4453	18 incurred by the Division Department or others authorized to
4454	4454	19 act in its behalf in collecting such delinquencies may be
4455	4455	20 assessed against the agent or distributor and included as a
4456	4456	21 part of the delinquent account.
4457	4457	22 In case of failure of an agent or distributor to pay a
4458	4458	23 seriously delinquent amount, or any portion thereof, including
4459	4459	24 interest, penalty and costs, the Division Department may issue
4460	4460	25 a Notice of Assessment. In determining amounts shown on the
4461	4461	26 Notice of Assessment, the Division Department shall utilize
4462	4462
4463	4463
4464	4464
4465	4465
4466	4466
4467	4467	SB0280 - 125 - LRB103 24970 AMQ 51304 b
4468	4468
4469	4469
4470	4470	SB0280- 126 -LRB103 24970 AMQ 51304 b SB0280 - 126 - LRB103 24970 AMQ 51304 b
4471	4471	SB0280 - 126 - LRB103 24970 AMQ 51304 b
4472	4472	1 the financial information available from its records. Such
4473	4473	2 Notice of Assessment shall be prima facie correct and shall be
4474	4474	3 prima facie evidence of delinquent sums due under this Section
4475	4475	4 at any hearing before the Director or any Board, or its Hearing
4476	4476	5 Officers, or at any other legal proceeding. Reproduced copies
4477	4477	6 of any of the Division's Department's records relating to an
4478	4478	7 account, including, but not limited to, notices of assessment,
4479	4479	8 suspension, revocation, and personal liability and any other
4480	4480	9 such notice prepared in the Division's Department's ordinary
4481	4481	10 course of business and books, records, or other documents
4482	4482	11 offered in the name of the Division Department, under
4483	4483	12 certificate of the Director or any officer or employee of the
4484	4484	13 Division Department designated in writing by the Director
4485	4485	14 shall, without further proof, be admitted into evidence in any
4486	4486	15 hearing before the Director or any Board or its Hearing
4487	4487	16 Officers or any legal proceeding and shall be prima facie
4488	4488	17 proof of the information contained therein. The Attorney
4489	4489	18 General may bring suit on behalf of the Division Department to
4490	4490	19 collect all such delinquent amounts, or any portion thereof,
4491	4491	20 including interest, penalty and costs, due the Lottery.
4492	4492	21 Any person who accepts money that is due to the Division
4493	4493	22 Department from the sale of lottery tickets under this Act,
4494	4494	23 but who wilfully fails to remit such payment to the Division
4495	4495	24 Department when due or who purports to make such payment but
4496	4496	25 wilfully fails to do so because his check or other remittance
4497	4497	26 fails to clear the bank or savings and loan association
4498	4498
4499	4499
4500	4500
4501	4501
4502	4502
4503	4503	SB0280 - 126 - LRB103 24970 AMQ 51304 b
4504	4504
4505	4505
4506	4506	SB0280- 127 -LRB103 24970 AMQ 51304 b SB0280 - 127 - LRB103 24970 AMQ 51304 b
4507	4507	SB0280 - 127 - LRB103 24970 AMQ 51304 b
4508	4508	1 against which it is drawn, in addition to the amount due and in
4509	4509	2 addition to any other penalty provided by law, shall be
4510	4510	3 assessed, and shall pay, a penalty equal to 5% of the
4511	4511	4 deficiency plus any costs or charges incurred by the Division
4512	4512	5 Department in collecting such amount.
4513	4513	6 The Director may make such arrangements for any person(s),
4514	4514	7 banks, savings and loan associations or distributors, to
4515	4515	8 perform such functions, activities or services in connection
4516	4516	9 with the operation of the lottery as he deems advisable
4517	4517	10 pursuant to this Act, the State Comptroller Act, or the rules
4518	4518	11 and regulations of the Division Department, and such
4519	4519	12 functions, activities or services shall constitute lawful
4520	4520	13 functions, activities and services of such person(s), banks,
4521	4521	14 savings and loan associations or distributors.
4522	4522	15 All income arising out of any activity or purpose of the
4523	4523	16 Division Department shall, pursuant to the State Finance Act,
4524	4524	17 be paid into the State Treasury except as otherwise provided
4525	4525	18 by the rules and regulations of the Division Department and
4526	4526	19 shall be covered into a special fund to be known as the State
4527	4527	20 Lottery Fund. Banks and savings and loan associations may be
4528	4528	21 compensated for services rendered based upon the activity and
4529	4529	22 amount of funds on deposit.
4530	4530	23 (Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
4531	4531	24 (20 ILCS 1605/21.3) (from Ch. 120, par. 1171.3)
4532	4532	25 Sec. 21.3. Any officer of any corporation licensed as an
4533	4533
4534	4534
4535	4535
4536	4536
4537	4537
4538	4538	SB0280 - 127 - LRB103 24970 AMQ 51304 b
4539	4539
4540	4540
4541	4541	SB0280- 128 -LRB103 24970 AMQ 51304 b SB0280 - 128 - LRB103 24970 AMQ 51304 b
4542	4542	SB0280 - 128 - LRB103 24970 AMQ 51304 b
4543	4543	1 agent for the sale of Lottery tickets and products shall be
4544	4544	2 personally liable for the total amount of Lottery receipts due
4545	4545	3 the Division Departmentt which are unpaid by the corporation,
4546	4546	4 together with any interest and penalties thereon assessed in
4547	4547	5 accordance with the provision of Section 21 of the Act.
4548	4548	6 The personal liability of a corporate officer as provided
4549	4549	7 herein shall survive the dissolution of the corporation. No
4550	4550	8 action to enforce such personal liability shall be commenced
4551	4551	9 unless a notice of the delinquent account has been sent to such
4552	4552	10 corporate officer at the address shown on the Lottery records
4553	4553	11 or otherwise known to Division Department officials, and no
4554	4554	12 such action shall be commenced after the expiration of 3 years
4555	4555	13 from the date of the Division's Department's notice of
4556	4556	14 delinquent account or the termination of any court proceedings
4557	4557	15 with respect to the issue of the delinquency of a corporation.
4558	4558	16 Procedures for protest and review of a notice of the
4559	4559	17 Division's Department's intention to enforce personal
4560	4560	18 liability against a corporate officer shall be the same as
4561	4561	19 those prescribed for protest and review of the Notice of
4562	4562	20 Assessment as set forth in Section 7.3 of this Act.
4563	4563	21 (Source: P.A. 88-522.)
4564	4564	22 (20 ILCS 1605/21.5)
4565	4565	23 Sec. 21.5. Carolyn Adams Ticket For The Cure.
4566	4566	24 (a) The Division Department shall offer a special instant
4567	4567	25 scratch-off game with the title of "Carolyn Adams Ticket For
4568	4568
4569	4569
4570	4570
4571	4571
4572	4572
4573	4573	SB0280 - 128 - LRB103 24970 AMQ 51304 b
4574	4574
4575	4575
4576	4576	SB0280- 129 -LRB103 24970 AMQ 51304 b SB0280 - 129 - LRB103 24970 AMQ 51304 b
4577	4577	SB0280 - 129 - LRB103 24970 AMQ 51304 b
4578	4578	1 The Cure". The game shall commence on January 1, 2006 or as
4579	4579	2 soon thereafter, in the discretion of the Director, as is
4580	4580	3 reasonably practical, and shall be discontinued on December
4581	4581	4 31, 2026. The operation of the game shall be governed by this
4582	4582	5 Act and any rules adopted by the Division Department. The
4583	4583	6 Division Department must consult with the Carolyn Adams Ticket
4584	4584	7 For The Cure Board, which is established under Section
4585	4585	8 2310-347 of the Department of Public Health Powers and Duties
4586	4586	9 Law of the Civil Administrative Code of Illinois, regarding
4587	4587	10 the design and promotion of the game. If any provision of this
4588	4588	11 Section is inconsistent with any other provision of this Act,
4589	4589	12 then this Section governs.
4590	4590	13 (b) The Carolyn Adams Ticket For The Cure Grant Fund is
4591	4591	14 created as a special fund in the State treasury. The net
4592	4592	15 revenue from the Carolyn Adams Ticket For The Cure special
4593	4593	16 instant scratch-off game shall be deposited into the Fund for
4594	4594	17 appropriation by the General Assembly solely to the Department
4595	4595	18 of Public Health for the purpose of making grants to public or
4596	4596	19 private entities in Illinois for the purpose of funding breast
4597	4597	20 cancer research, and supportive services for breast cancer
4598	4598	21 survivors and those impacted by breast cancer and breast
4599	4599	22 cancer education. In awarding grants, the Department of Public
4600	4600	23 Health shall consider criteria that includes, but is not
4601	4601	24 limited to, projects and initiatives that address disparities
4602	4602	25 in incidence and mortality rates of breast cancer, based on
4603	4603	26 data from the Illinois Cancer Registry, and populations facing
4604	4604
4605	4605
4606	4606
4607	4607
4608	4608
4609	4609	SB0280 - 129 - LRB103 24970 AMQ 51304 b
4610	4610
4611	4611
4612	4612	SB0280- 130 -LRB103 24970 AMQ 51304 b SB0280 - 130 - LRB103 24970 AMQ 51304 b
4613	4613	SB0280 - 130 - LRB103 24970 AMQ 51304 b
4614	4614	1 barriers to care. The Department of Public Health shall,
4615	4615	2 before grants are awarded, provide copies of all grant
4616	4616	3 applications to the Carolyn Adams Ticket For The Cure Board,
4617	4617	4 receive and review the Board's recommendations and comments,
4618	4618	5 and consult with the Board regarding the grants. For purposes
4619	4619	6 of this Section, the term "research" includes, without
4620	4620	7 limitation, expenditures to develop and advance the
4621	4621	8 understanding, techniques, and modalities effective in the
4622	4622	9 detection, prevention, screening, and treatment of breast
4623	4623	10 cancer and may include clinical trials. The grant funds may
4624	4624	11 not be used for institutional, organizational, or
4625	4625	12 community-based overhead costs, indirect costs, or levies.
4626	4626	13 Moneys received for the purposes of this Section,
4627	4627	14 including, without limitation, net revenue from the special
4628	4628	15 instant scratch-off game and gifts, grants, and awards from
4629	4629	16 any public or private entity, must be deposited into the Fund.
4630	4630	17 Any interest earned on moneys in the Fund must be deposited
4631	4631	18 into the Fund.
4632	4632	19 For purposes of this subsection, "net revenue" means the
4633	4633	20 total amount for which tickets have been sold less the sum of
4634	4634	21 the amount paid out in prizes and the actual administrative
4635	4635	22 expenses of the Division Department solely related to the
4636	4636	23 Ticket For The Cure game.
4637	4637	24 (c) During the time that tickets are sold for the Carolyn
4638	4638	25 Adams Ticket For The Cure game, the Division Department shall
4639	4639	26 not unreasonably diminish the efforts devoted to marketing any
4640	4640
4641	4641
4642	4642
4643	4643
4644	4644
4645	4645	SB0280 - 130 - LRB103 24970 AMQ 51304 b
4646	4646
4647	4647
4648	4648	SB0280- 131 -LRB103 24970 AMQ 51304 b SB0280 - 131 - LRB103 24970 AMQ 51304 b
4649	4649	SB0280 - 131 - LRB103 24970 AMQ 51304 b
4650	4650	1 other instant scratch-off lottery game.
4651	4651	2 (d) The Division Department may adopt any rules necessary
4652	4652	3 to implement and administer the provisions of this Section.
4653	4653	4 (Source: P.A. 98-499, eff. 8-16-13; 99-917, eff. 12-30-16.)
4654	4654	5 (20 ILCS 1605/21.6)
4655	4655	6 Sec. 21.6. Scratch-off for Illinois veterans.
4656	4656	7 (a) The Division Department shall offer a special instant
4657	4657	8 scratch-off game for the benefit of Illinois veterans. The
4658	4658	9 game shall commence on January 1, 2006 or as soon thereafter,
4659	4659	10 at the discretion of the Director, as is reasonably practical.
4660	4660	11 The operation of the game shall be governed by this Act and any
4661	4661	12 rules adopted by the Division Department. If any provision of
4662	4662	13 this Section is inconsistent with any other provision of this
4663	4663	14 Act, then this Section governs.
4664	4664	15 (b) The Illinois Veterans Assistance Fund is created as a
4665	4665	16 special fund in the State treasury. The net revenue from the
4666	4666	17 Illinois veterans scratch-off game shall be deposited into the
4667	4667	18 Fund for appropriation by the General Assembly solely to the
4668	4668	19 Department of Veterans' Affairs for making grants, funding
4669	4669	20 additional services, or conducting additional research
4670	4670	21 projects relating to each of the following:
4671	4671	22 (i) veterans' behavioral health services;
4672	4672	23 (ii) veterans' homelessness;
4673	4673	24 (iii) the health insurance costs of veterans;
4674	4674	25 (iv) veterans' disability benefits, including but not
4675	4675
4676	4676
4677	4677
4678	4678
4679	4679
4680	4680	SB0280 - 131 - LRB103 24970 AMQ 51304 b
4681	4681
4682	4682
4683	4683	SB0280- 132 -LRB103 24970 AMQ 51304 b SB0280 - 132 - LRB103 24970 AMQ 51304 b
4684	4684	SB0280 - 132 - LRB103 24970 AMQ 51304 b
4685	4685	1 limited to, disability benefits provided by veterans
4686	4686	2 service organizations and veterans assistance commissions
4687	4687	3 or centers;
4688	4688	4 (v) the long-term care of veterans; provided that,
4689	4689	5 beginning with moneys appropriated for fiscal year 2008,
4690	4690	6 no more than 20% of such moneys shall be used for health
4691	4691	7 insurance costs;
4692	4692	8 (vi) veteran employment and employment training; and
4693	4693	9 (vii) veterans' emergency financial assistance,
4694	4694	10 including, but not limited to, past due utilities,
4695	4695	11 housing, and transportation costs.
4696	4696	12 In order to expend moneys from this special fund,
4697	4697	13 beginning with moneys appropriated for fiscal year 2008, the
4698	4698	14 Director of Veterans' Affairs shall appoint a 3-member funding
4699	4699	15 authorization committee. The Director shall designate one of
4700	4700	16 the members as chairperson. The committee shall meet on a
4701	4701	17 quarterly basis, at a minimum, and shall authorize expenditure
4702	4702	18 of moneys from the special fund by a two-thirds vote.
4703	4703	19 Decisions of the committee shall not take effect unless and
4704	4704	20 until approved by the Director of Veterans' Affairs. Each
4705	4705	21 member of the committee shall serve until a replacement is
4706	4706	22 named by the Director of Veterans' Affairs. One member of the
4707	4707	23 committee shall be a member of the Veterans' Advisory Council.
4708	4708	24 Moneys collected from the special instant scratch-off game
4709	4709	25 shall be used only as a supplemental financial resource and
4710	4710	26 shall not supplant existing moneys that the Department of
4711	4711
4712	4712
4713	4713
4714	4714
4715	4715
4716	4716	SB0280 - 132 - LRB103 24970 AMQ 51304 b
4717	4717
4718	4718
4719	4719	SB0280- 133 -LRB103 24970 AMQ 51304 b SB0280 - 133 - LRB103 24970 AMQ 51304 b
4720	4720	SB0280 - 133 - LRB103 24970 AMQ 51304 b
4721	4721	1 Veterans' Affairs may currently expend for the purposes set
4722	4722	2 forth in items (i) through (v).
4723	4723	3 Moneys received for the purposes of this Section,
4724	4724	4 including, without limitation, net revenue from the special
4725	4725	5 instant scratch-off game and from gifts, grants, and awards
4726	4726	6 from any public or private entity, must be deposited into the
4727	4727	7 Fund. Any interest earned on moneys in the Fund must be
4728	4728	8 deposited into the Fund.
4729	4729	9 For purposes of this subsection, "net revenue" means the
4730	4730	10 total amount for which tickets have been sold less the sum of
4731	4731	11 the amount paid out in the prizes and the actual
4732	4732	12 administrative expenses of the Division Department solely
4733	4733	13 related to the scratch-off game under this Section.
4734	4734	14 (c) During the time that tickets are sold for the Illinois
4735	4735	15 veterans scratch-off game, the Division Department shall not
4736	4736	16 unreasonably diminish the efforts devoted to marketing any
4737	4737	17 other instant scratch-off lottery game.
4738	4738	18 (d) The Division Department may adopt any rules necessary
4739	4739	19 to implement and administer the provisions of this Section.
4740	4740	20 (Source: P.A. 102-948, eff. 1-1-23.)
4741	4741	21 (20 ILCS 1605/21.7)
4742	4742	22 Sec. 21.7. Scratch-out Multiple Sclerosis scratch-off
4743	4743	23 game.
4744	4744	24 (a) The Division Department shall offer a special instant
4745	4745	25 scratch-off game for the benefit of research pertaining to
4746	4746
4747	4747
4748	4748
4749	4749
4750	4750
4751	4751	SB0280 - 133 - LRB103 24970 AMQ 51304 b
4752	4752
4753	4753
4754	4754	SB0280- 134 -LRB103 24970 AMQ 51304 b SB0280 - 134 - LRB103 24970 AMQ 51304 b
4755	4755	SB0280 - 134 - LRB103 24970 AMQ 51304 b
4756	4756	1 multiple sclerosis. The game shall commence on July 1, 2008 or
4757	4757	2 as soon thereafter, in the discretion of the Director, as is
4758	4758	3 reasonably practical. The operation of the game shall be
4759	4759	4 governed by this Act and any rules adopted by the Division
4760	4760	5 Departmentt. If any provision of this Section is inconsistent
4761	4761	6 with any other provision of this Act, then this Section
4762	4762	7 governs.
4763	4763	8 (b) The Multiple Sclerosis Research Fund is created as a
4764	4764	9 special fund in the State treasury. The net revenue from the
4765	4765	10 scratch-out multiple sclerosis scratch-off game created under
4766	4766	11 this Section shall be deposited into the Fund for
4767	4767	12 appropriation by the General Assembly to the Department of
4768	4768	13 Public Health for the purpose of making grants to
4769	4769	14 organizations in Illinois that conduct research pertaining to
4770	4770	15 the repair and prevention of damage caused by an acquired
4771	4771	16 demyelinating disease of the central nervous system.
4772	4772	17 Moneys received for the purposes of this Section,
4773	4773	18 including, without limitation, net revenue from the special
4774	4774	19 instant scratch-off game and from gifts, grants, and awards
4775	4775	20 from any public or private entity, must be deposited into the
4776	4776	21 Fund. Any interest earned on moneys in the Fund must be
4777	4777	22 deposited into the Fund.
4778	4778	23 For purposes of this Section, the term "research"
4779	4779	24 includes, without limitation, expenditures to develop and
4780	4780	25 advance the understanding, techniques, and modalities
4781	4781	26 effective for maintaining function, mobility, and strength
4782	4782
4783	4783
4784	4784
4785	4785
4786	4786
4787	4787	SB0280 - 134 - LRB103 24970 AMQ 51304 b
4788	4788
4789	4789
4790	4790	SB0280- 135 -LRB103 24970 AMQ 51304 b SB0280 - 135 - LRB103 24970 AMQ 51304 b
4791	4791	SB0280 - 135 - LRB103 24970 AMQ 51304 b
4792	4792	1 through preventive physical therapy or other treatments and to
4793	4793	2 develop and advance the repair, and also the prevention, of
4794	4794	3 myelin, neuron, and axon damage caused by an acquired
4795	4795	4 demyelinating disease of the central nervous system and the
4796	4796	5 restoration of function, including but not limited to, nervous
4797	4797	6 system repair or neuroregeneration.
4798	4798	7 The grant funds may not be used for institutional,
4799	4799	8 organizational, or community-based overhead costs, indirect
4800	4800	9 costs, or levies.
4801	4801	10 For purposes of this subsection, "net revenue" means the
4802	4802	11 total amount for which tickets have been sold less the sum of
4803	4803	12 the amount paid out in the prizes and the actual
4804	4804	13 administrative expenses of the Division Department solely
4805	4805	14 related to the scratch-off game under this Section.
4806	4806	15 (c) During the time that tickets are sold for the
4807	4807	16 scratch-out multiple sclerosis scratch-off game, the Division
4808	4808	17 Department shall not unreasonably diminish the efforts devoted
4809	4809	18 to marketing any other instant scratch-off lottery game.
4810	4810	19 (d) The Division Department may adopt any rules necessary
4811	4811	20 to implement and administer the provisions of this Section.
4812	4812	21 (Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
4813	4813	22 (20 ILCS 1605/21.8)
4814	4814	23 Sec. 21.8. Quality of Life scratch-off game.
4815	4815	24 (a) The Division Department shall offer a special instant
4816	4816	25 scratch-off game with the title of "Quality of Life". The game
4817	4817
4818	4818
4819	4819
4820	4820
4821	4821
4822	4822	SB0280 - 135 - LRB103 24970 AMQ 51304 b
4823	4823
4824	4824
4825	4825	SB0280- 136 -LRB103 24970 AMQ 51304 b SB0280 - 136 - LRB103 24970 AMQ 51304 b
4826	4826	SB0280 - 136 - LRB103 24970 AMQ 51304 b
4827	4827	1 shall commence on July 1, 2007 or as soon thereafter, in the
4828	4828	2 discretion of the Director, as is reasonably practical, and
4829	4829	3 shall be discontinued on December 31, 2025. The operation of
4830	4830	4 the game is governed by this Act and by any rules adopted by
4831	4831	5 the Division Department. The Division Department must consult
4832	4832	6 with the Quality of Life Board, which is established under
4833	4833	7 Section 2310-348 of the Department of Public Health Powers and
4834	4834	8 Duties Law of the Civil Administrative Code of Illinois,
4835	4835	9 regarding the design and promotion of the game. If any
4836	4836	10 provision of this Section is inconsistent with any other
4837	4837	11 provision of this Act, then this Section governs.
4838	4838	12 (b) The Quality of Life Endowment Fund is created as a
4839	4839	13 special fund in the State treasury. The net revenue from the
4840	4840	14 Quality of Life special instant scratch-off game must be
4841	4841	15 deposited into the Fund for appropriation by the General
4842	4842	16 Assembly solely to the Department of Public Health for the
4843	4843	17 purpose of HIV/AIDS-prevention education and for making grants
4844	4844	18 to public or private entities in Illinois for the purpose of
4845	4845	19 funding organizations that serve the highest at-risk
4846	4846	20 categories for contracting HIV or developing AIDS. Grants
4847	4847	21 shall be targeted to serve at-risk populations in proportion
4848	4848	22 to the distribution of recent reported Illinois HIV/AIDS cases
4849	4849	23 among risk groups as reported by the Illinois Department of
4850	4850	24 Public Health. The recipient organizations must be engaged in
4851	4851	25 HIV/AIDS-prevention education and HIV/AIDS healthcare
4852	4852	26 treatment. The Division Department must, before grants are
4853	4853
4854	4854
4855	4855
4856	4856
4857	4857
4858	4858	SB0280 - 136 - LRB103 24970 AMQ 51304 b
4859	4859
4860	4860
4861	4861	SB0280- 137 -LRB103 24970 AMQ 51304 b SB0280 - 137 - LRB103 24970 AMQ 51304 b
4862	4862	SB0280 - 137 - LRB103 24970 AMQ 51304 b
4863	4863	1 awarded, provide copies of all grant applications to the
4864	4864	2 Quality of Life Board, receive and review the Board's
4865	4865	3 recommendations and comments, and consult with the Board
4866	4866	4 regarding the grants. Organizational size will determine an
4867	4867	5 organization's competitive slot in the "Request for Proposal"
4868	4868	6 process. Organizations with an annual budget of $300,000 or
4869	4869	7 less will compete with like size organizations for 50% of the
4870	4870	8 Quality of Life annual fund. Organizations with an annual
4871	4871	9 budget of $300,001 to $700,000 will compete with like
4872	4872	10 organizations for 25% of the Quality of Life annual fund, and
4873	4873	11 organizations with an annual budget of $700,001 and upward
4874	4874	12 will compete with like organizations for 25% of the Quality of
4875	4875	13 Life annual fund. The Division lottery may designate a
4876	4876	14 percentage of proceeds for marketing purposes. The grant funds
4877	4877	15 may not be used for institutional, organizational, or
4878	4878	16 community-based overhead costs, indirect costs, or levies.
4879	4879	17 Grants awarded from the Fund are intended to augment the
4880	4880	18 current and future State funding for the prevention and
4881	4881	19 treatment of HIV/AIDS and are not intended to replace that
4882	4882	20 funding.
4883	4883	21 Moneys received for the purposes of this Section,
4884	4884	22 including, without limitation, net revenue from the special
4885	4885	23 instant scratch-off game and gifts, grants, and awards from
4886	4886	24 any public or private entity, must be deposited into the Fund.
4887	4887	25 Any interest earned on moneys in the Fund must be deposited
4888	4888	26 into the Fund.
4889	4889
4890	4890
4891	4891
4892	4892
4893	4893
4894	4894	SB0280 - 137 - LRB103 24970 AMQ 51304 b
4895	4895
4896	4896
4897	4897	SB0280- 138 -LRB103 24970 AMQ 51304 b SB0280 - 138 - LRB103 24970 AMQ 51304 b
4898	4898	SB0280 - 138 - LRB103 24970 AMQ 51304 b
4899	4899	1 For purposes of this subsection, "net revenue" means the
4900	4900	2 total amount for which tickets have been sold less the sum of
4901	4901	3 the amount paid out in prizes and the actual administrative
4902	4902	4 expenses of the Division Department solely related to the
4903	4903	5 Quality of Life game.
4904	4904	6 (c) During the time that tickets are sold for the Quality
4905	4905	7 of Life game, the Division Department shall not unreasonably
4906	4906	8 diminish the efforts devoted to marketing any other instant
4907	4907	9 scratch-off lottery game.
4908	4908	10 (d) The Division Department may adopt any rules necessary
4909	4909	11 to implement and administer the provisions of this Section in
4910	4910	12 consultation with the Quality of Life Board.
4911	4911	13 (Source: P.A. 102-813, eff. 5-13-22.)
4912	4912	14 (20 ILCS 1605/21.9)
4913	4913	15 Sec. 21.9. Go For The Gold scratch-off game.
4914	4914	16 (a) The Division Department shall offer a special instant
4915	4915	17 scratch-off game with the title of "Go For The Gold". The game
4916	4916	18 must commence on July 1, 2014 or as soon thereafter, at the
4917	4917	19 discretion of the Director, as is reasonably practical. The
4918	4918	20 operation of the game is governed by this Act and by any rules
4919	4919	21 adopted by the Division Department. If any provision of this
4920	4920	22 Section is inconsistent with any other provision of this Act,
4921	4921	23 then this Section governs.
4922	4922	24 (b) The Special Olympics Illinois and Special Children's
4923	4923	25 Charities Fund is created as a special fund in the State
4924	4924
4925	4925
4926	4926
4927	4927
4928	4928
4929	4929	SB0280 - 138 - LRB103 24970 AMQ 51304 b
4930	4930
4931	4931
4932	4932	SB0280- 139 -LRB103 24970 AMQ 51304 b SB0280 - 139 - LRB103 24970 AMQ 51304 b
4933	4933	SB0280 - 139 - LRB103 24970 AMQ 51304 b
4934	4934	1 treasury. The net revenue from the Go For The Gold special
4935	4935	2 instant scratch-off game must be deposited into the Special
4936	4936	3 Olympics Illinois and Special Children's Charities Fund for
4937	4937	4 appropriation by the General Assembly solely to the Department
4938	4938	5 of Human Services, which must distribute the moneys as
4939	4939	6 follows: (i) 75% of the moneys to Special Olympics Illinois to
4940	4940	7 support the statewide training, competitions, and programs for
4941	4941	8 future Special Olympics athletes; and (ii) 25% of the moneys
4942	4942	9 to Special Children's Charities to support the City of
4943	4943	10 Chicago-wide training, competitions, and programs for future
4944	4944	11 Special Olympics athletes. The moneys may not be used for
4945	4945	12 institutional, organizational, or community-based overhead
4946	4946	13 costs, indirect costs, or levies.
4947	4947	14 Moneys received for the purposes of this Section,
4948	4948	15 including, without limitation, net revenue from the special
4949	4949	16 instant scratch-off game and gifts, grants, and awards from
4950	4950	17 any public or private entity, must be deposited into the
4951	4951	18 Special Olympics and Special Children's Charities Fund. Any
4952	4952	19 interest earned on moneys in the Special Olympics and Special
4953	4953	20 Children's Charities Fund must be deposited into the Special
4954	4954	21 Olympics and Special Children's Charities Fund.
4955	4955	22 For purposes of this subsection, "net revenue" means the
4956	4956	23 total amount for which tickets have been sold less the sum of
4957	4957	24 the amount paid out in prizes and the actual administrative
4958	4958	25 expenses of the Division Department solely related to the Go
4959	4959	26 For The Gold game.
4960	4960
4961	4961
4962	4962
4963	4963
4964	4964
4965	4965	SB0280 - 139 - LRB103 24970 AMQ 51304 b
4966	4966
4967	4967
4968	4968	SB0280- 140 -LRB103 24970 AMQ 51304 b SB0280 - 140 - LRB103 24970 AMQ 51304 b
4969	4969	SB0280 - 140 - LRB103 24970 AMQ 51304 b
4970	4970	1 (c) During the time that tickets are sold for the Go For
4971	4971	2 The Gold game, the Division Department shall not unreasonably
4972	4972	3 diminish the efforts devoted to marketing any other instant
4973	4973	4 scratch-off lottery game.
4974	4974	5 (d) The Division Department may adopt any rules necessary
4975	4975	6 to implement and administer the provisions of this Section.
4976	4976	7 (Source: P.A. 98-649, eff. 6-16-14.)
4977	4977	8 (20 ILCS 1605/21.10)
4978	4978	9 Sec. 21.10. Scratch-off for State police memorials.
4979	4979	10 (a) The Division Department shall offer a special instant
4980	4980	11 scratch-off game for the benefit of State police memorials.
4981	4981	12 The game shall commence on January 1, 2019 or as soon
4982	4982	13 thereafter, at the discretion of the Director, as is
4983	4983	14 reasonably practical. The operation of the game shall be
4984	4984	15 governed by this Act and any rules adopted by the Division
4985	4985	16 Department. If any provision of this Section is inconsistent
4986	4986	17 with any other provision of this Act, then this Section
4987	4987	18 governs.
4988	4988	19 (b) The net revenue from the State police memorials
4989	4989	20 scratch-off game shall be deposited into the Criminal Justice
4990	4990	21 Information Projects Fund and distributed equally, as soon as
4991	4991	22 practical but at least on a monthly basis, to the Chicago
4992	4992	23 Police Memorial Foundation Fund, the Police Memorial Committee
4993	4993	24 Fund, and the Illinois State Police Memorial Park Fund. Moneys
4994	4994	25 transferred to the funds under this Section shall be used,
4995	4995
4996	4996
4997	4997
4998	4998
4999	4999
5000	5000	SB0280 - 140 - LRB103 24970 AMQ 51304 b
5001	5001
5002	5002
5003	5003	SB0280- 141 -LRB103 24970 AMQ 51304 b SB0280 - 141 - LRB103 24970 AMQ 51304 b
5004	5004	SB0280 - 141 - LRB103 24970 AMQ 51304 b
5005	5005	1 subject to appropriation, to fund grants for building and
5006	5006	2 maintaining memorials and parks; holding annual memorial
5007	5007	3 commemorations; giving scholarships to children of officers
5008	5008	4 killed or catastrophically injured in the line of duty, or
5009	5009	5 those interested in pursuing a career in law enforcement;
5010	5010	6 providing financial assistance to police officers and their
5011	5011	7 families when a police officer is killed or injured in the line
5012	5012	8 of duty; and providing financial assistance to officers for
5013	5013	9 the purchase or replacement of bulletproof vests to be used in
5014	5014	10 the line of duty.
5015	5015	11 For purposes of this subsection, "net revenue" means the
5016	5016	12 total amount for which tickets have been sold less the sum of
5017	5017	13 the amount paid out in the prizes and the actual
5018	5018	14 administrative expenses of the Division Department solely
5019	5019	15 related to the scratch-off game under this Section.
5020	5020	16 (c) During the time that tickets are sold for the State
5021	5021	17 police memorials scratch-off game, the Division Department
5022	5022	18 shall not unreasonably diminish the efforts devoted to
5023	5023	19 marketing any other instant scratch-off lottery game.
5024	5024	20 (d) The Division Department may adopt any rules necessary
5025	5025	21 to implement and administer the provisions of this Section.
5026	5026	22 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
5027	5027	23 (20 ILCS 1605/21.11)
5028	5028	24 Sec. 21.11. Scratch-off for homelessness prevention
5029	5029	25 programs.
5030	5030
5031	5031
5032	5032
5033	5033
5034	5034
5035	5035	SB0280 - 141 - LRB103 24970 AMQ 51304 b
5036	5036
5037	5037
5038	5038	SB0280- 142 -LRB103 24970 AMQ 51304 b SB0280 - 142 - LRB103 24970 AMQ 51304 b
5039	5039	SB0280 - 142 - LRB103 24970 AMQ 51304 b
5040	5040	1 (a) The Division Department shall offer a special instant
5041	5041	2 scratch-off game to fund homelessness prevention programs. The
5042	5042	3 game shall commence on July 1, 2019 or as soon thereafter, at
5043	5043	4 the discretion of the Director, as is reasonably practical.
5044	5044	5 The operation of the game shall be governed by this Act and any
5045	5045	6 rules adopted by the Division Department. If any provision of
5046	5046	7 this Section is inconsistent with any other provision of this
5047	5047	8 Act, then this Section governs.
5048	5048	9 (b) The Homelessness Prevention Revenue Fund is created as
5049	5049	10 a special fund in the State treasury. The net revenue from the
5050	5050	11 scratch-off game to fund homelessness prevention programs
5051	5051	12 shall be deposited into the Homelessness Prevention Revenue
5052	5052	13 Fund. Subject to appropriation, moneys in the Fund shall be
5053	5053	14 used by the Department of Human Services solely for grants to
5054	5054	15 homelessness prevention and assistance projects under the
5055	5055	16 Homelessness Prevention Act.
5056	5056	17 As used in this subsection, "net revenue" means the total
5057	5057	18 amount for which tickets have been sold less the sum of the
5058	5058	19 amount paid out in the prizes and the actual administrative
5059	5059	20 expenses of the Division Department solely related to the
5060	5060	21 scratch-off game under this Section.
5061	5061	22 (c) During the time that tickets are sold for the
5062	5062	23 scratch-off game to fund homelessness prevention programs, the
5063	5063	24 Division Department shall not unreasonably diminish the
5064	5064	25 efforts devoted to marketing any other instant scratch-off
5065	5065	26 lottery game.
5066	5066
5067	5067
5068	5068
5069	5069
5070	5070
5071	5071	SB0280 - 142 - LRB103 24970 AMQ 51304 b
5072	5072
5073	5073
5074	5074	SB0280- 143 -LRB103 24970 AMQ 51304 b SB0280 - 143 - LRB103 24970 AMQ 51304 b
5075	5075	SB0280 - 143 - LRB103 24970 AMQ 51304 b
5076	5076	1 (d) The Division Department may adopt any rules necessary
5077	5077	2 to implement and administer the provisions of this Section.
5078	5078	3 (e) Nothing in this Section shall be construed to affect
5079	5079	4 any revenue that any Homelessness Prevention line item
5080	5080	5 receives through the General Revenue Fund or the Illinois
5081	5081	6 Affordable Housing Trust Fund.
5082	5082	7 (Source: P.A. 100-1068, eff. 8-24-18; 101-81, eff. 7-12-19.)
5083	5083	8 (20 ILCS 1605/21.12)
5084	5084	9 Sec. 21.12. Scratch-off for school STEAM programs.
5085	5085	10 (a) The Division Department shall offer a special instant
5086	5086	11 scratch-off game for the benefit of school STEAM programming.
5087	5087	12 The game shall commence on January 1, 2020 or as soon
5088	5088	13 thereafter, at the discretion of the Director, as is
5089	5089	14 reasonably practical, and shall be discontinued on January 1,
5090	5090	15 2021. The operation of the game shall be governed by the Act
5091	5091	16 and any rules adopted by the Division Department. If any
5092	5092	17 provision of this Section is inconsistent with any other
5093	5093	18 provision of this Act, then this Section governs.
5094	5094	19 (b) The net revenue from the scratch-off for school STEAM
5095	5095	20 programs shall be deposited into the School STEAM Grant
5096	5096	21 Program Fund as soon as practical, but at least on a monthly
5097	5097	22 basis. Moneys deposited into the Fund under this Section shall
5098	5098	23 be used, subject to appropriation, by the State Board of
5099	5099	24 Education to fund school STEAM grants pursuant to Section
5100	5100	25 2-3.119a of the School Code.
5101	5101
5102	5102
5103	5103
5104	5104
5105	5105
5106	5106	SB0280 - 143 - LRB103 24970 AMQ 51304 b
5107	5107
5108	5108
5109	5109	SB0280- 144 -LRB103 24970 AMQ 51304 b SB0280 - 144 - LRB103 24970 AMQ 51304 b
5110	5110	SB0280 - 144 - LRB103 24970 AMQ 51304 b
5111	5111	1 For purposes of this subsection, "net revenue" means the
5112	5112	2 total amount for which tickets have been sold less the sum of
5113	5113	3 the amount paid out in the prizes and the actual
5114	5114	4 administrative expenses of the Division Department solely
5115	5115	5 related to the scratch-off game under this Section.
5116	5116	6 (c) During the time that tickets are sold for the school
5117	5117	7 STEAM programs scratch-off game, the Division Department shall
5118	5118	8 not unreasonably diminish the efforts devoted to marketing any
5119	5119	9 other instant scratch-off lottery game.
5120	5120	10 (d) The Division Department may adopt any rules necessary
5121	5121	11 to implement and administer the provisions of this Section.
5122	5122	12 (Source: P.A. 101-561, eff. 8-23-19.)
5123	5123	13 (20 ILCS 1605/21.13)
5124	5124	14 Sec. 21.13. Scratch-off for Alzheimer's care, support,
5125	5125	15 education, and awareness.
5126	5126	16 (a) The Division Department shall offer a special instant
5127	5127	17 scratch-off game for the benefit of Alzheimer's care, support,
5128	5128	18 education, and awareness. The game shall commence on January
5129	5129	19 1, 2020 or as soon thereafter, at the discretion of the
5130	5130	20 Director, as is reasonably practical, and shall be
5131	5131	21 discontinued on January 1, 2025. The operation of the game
5132	5132	22 shall be governed by this Act and any rules adopted by the
5133	5133	23 Division Department. If any provision of this Section is
5134	5134	24 inconsistent with any other provision of this Act, then this
5135	5135	25 Section governs.
5136	5136
5137	5137
5138	5138
5139	5139
5140	5140
5141	5141	SB0280 - 144 - LRB103 24970 AMQ 51304 b
5142	5142
5143	5143
5144	5144	SB0280- 145 -LRB103 24970 AMQ 51304 b SB0280 - 145 - LRB103 24970 AMQ 51304 b
5145	5145	SB0280 - 145 - LRB103 24970 AMQ 51304 b
5146	5146	1 (b) The net revenue from the Alzheimer's care, support,
5147	5147	2 education, and awareness scratch-off game shall be deposited
5148	5148	3 into the Alzheimer's Awareness Fund.
5149	5149	4 Moneys received for the purposes of this Section,
5150	5150	5 including, without limitation, net revenue from the special
5151	5151	6 instant scratch-off game and from gifts, grants, and awards
5152	5152	7 from any public or private entity, must be deposited into the
5153	5153	8 Fund. Any interest earned on moneys in the Fund must be
5154	5154	9 deposited into the Fund.
5155	5155	10 For the purposes of this subsection, "net revenue" means
5156	5156	11 the total amount for which tickets have been sold less the sum
5157	5157	12 of the amount paid out in the prizes and the actual
5158	5158	13 administrative expenses of the Division Department solely
5159	5159	14 related to the scratch-off game under this Section.
5160	5160	15 (c) During the time that tickets are sold for the
5161	5161	16 Alzheimer's care, support, education, and awareness
5162	5162	17 scratch-off game, the Division Department shall not
5163	5163	18 unreasonably diminish the efforts devoted to marketing any
5164	5164	19 other instant scratch-off lottery game.
5165	5165	20 (d) The Division Department may adopt any rules necessary
5166	5166	21 to implement and administer the provisions of this Section.
5167	5167	22 (Source: P.A. 101-561, eff. 8-23-19; 101-645, eff. 6-26-20;
5168	5168	23 102-390, eff. 8-16-21.)
5169	5169	24 (20 ILCS 1605/24) (from Ch. 120, par. 1174)
5170	5170	25 Sec. 24. The State Comptroller shall conduct a preaudit of
5171	5171
5172	5172
5173	5173
5174	5174
5175	5175
5176	5176	SB0280 - 145 - LRB103 24970 AMQ 51304 b
5177	5177
5178	5178
5179	5179	SB0280- 146 -LRB103 24970 AMQ 51304 b SB0280 - 146 - LRB103 24970 AMQ 51304 b
5180	5180	SB0280 - 146 - LRB103 24970 AMQ 51304 b
5181	5181	1 all accounts and transactions of the Division Department in
5182	5182	2 connection with the operation of the State Lottery under the
5183	5183	3 State Comptroller Act, excluding payments issued by the
5184	5184	4 Division Department for prizes of $25,000 or less.
5185	5185	5 The Auditor General or a certified public accountant firm
5186	5186	6 appointed by him shall conduct an annual post-audit of all
5187	5187	7 accounts and transactions of the Division Department in
5188	5188	8 connection with the operation of the State Lottery and other
5189	5189	9 special post audits as the Auditor General, the Legislative
5190	5190	10 Audit Commission, or the General Assembly deems necessary. The
5191	5191	11 annual post-audits shall include payments made by lottery
5192	5192	12 sales agents of prizes of less than $600 authorized under
5193	5193	13 Section 20, and payments made by the Division Department of
5194	5194	14 prizes up to $25,000 authorized under Section 20.1. The
5195	5195	15 Auditor General or his agent conducting an audit under this
5196	5196	16 Act shall have access and authority to examine any and all
5197	5197	17 records of the Division Department or the Board, its
5198	5198	18 distributing agents and its licensees.
5199	5199	19 (Source: P.A. 94-776, eff. 5-19-06.)
5200	5200	20 (20 ILCS 1605/25) (from Ch. 120, par. 1175)
5201	5201	21 Sec. 25. Any party adversely affected by a final order or
5202	5202	22 determination of the Director or the Division Board or the
5203	5203	23 Department may obtain judicial review, by filing a petition
5204	5204	24 for review within 35 days after the entry of the order or other
5205	5205	25 final action complained of, pursuant to the provisions of the
5206	5206
5207	5207
5208	5208
5209	5209
5210	5210
5211	5211	SB0280 - 146 - LRB103 24970 AMQ 51304 b
5212	5212
5213	5213
5214	5214	SB0280- 147 -LRB103 24970 AMQ 51304 b SB0280 - 147 - LRB103 24970 AMQ 51304 b
5215	5215	SB0280 - 147 - LRB103 24970 AMQ 51304 b
5216	5216	1 Administrative Review Law, as amended and the rules adopted
5217	5217	2 pursuant thereto.
5218	5218	3 (Source: P.A. 82-783.)
5219	5219	4 (20 ILCS 1605/6 rep.)
5220	5220	5 (20 ILCS 1605/7.6 rep.)
5221	5221	6 Section 85. The Illinois Lottery Law is amended by
5222	5222	7 repealing Sections 6 and 7.6.
5223	5223	8 Section 90. The Department of Public Health Powers and
5224	5224	9 Duties Law of the Civil Administrative Code of Illinois is
5225	5225	10 amended by changing Sections 2310-347 and 2310-348 as follows:
5226	5226	11 (20 ILCS 2310/2310-347)
5227	5227	12 Sec. 2310-347. The Carolyn Adams Ticket For The Cure
5228	5228	13 Board.
5229	5229	14 (a) The Carolyn Adams Ticket For The Cure Board is created
5230	5230	15 as an advisory board within the Department. Until 30 days
5231	5231	16 after the effective date of this amendatory Act of the 97th
5232	5232	17 General Assembly, the Board may consist of 10 members as
5233	5233	18 follows: 2 members appointed by the President of the Senate; 2
5234	5234	19 members appointed by the Minority Leader of the Senate; 2
5235	5235	20 members appointed by the Speaker of the House of
5236	5236	21 Representatives; 2 members appointed by the Minority Leader of
5237	5237	22 the House of Representatives; and 2 members appointed by the
5238	5238	23 Governor with the advice and consent of the Senate, one of whom
5239	5239
5240	5240
5241	5241
5242	5242
5243	5243
5244	5244	SB0280 - 147 - LRB103 24970 AMQ 51304 b
5245	5245
5246	5246
5247	5247	SB0280- 148 -LRB103 24970 AMQ 51304 b SB0280 - 148 - LRB103 24970 AMQ 51304 b
5248	5248	SB0280 - 148 - LRB103 24970 AMQ 51304 b
5249	5249	1 shall be designated as chair of the Board at the time of
5250	5250	2 appointment.
5251	5251	3 (a-5) Notwithstanding any provision of this Article to the
5252	5252	4 contrary, the term of office of each current Board member ends
5253	5253	5 30 days after the effective date of this amendatory Act of the
5254	5254	6 97th General Assembly or when his or her successor is
5255	5255	7 appointed and qualified, whichever occurs sooner. No later
5256	5256	8 than 30 days after the effective date of this amendatory Act of
5257	5257	9 the 97th General Assembly, the Board shall consist of 10 newly
5258	5258	10 appointed members. Four of the Board members shall be members
5259	5259	11 of the General Assembly and appointed as follows: one member
5260	5260	12 appointed by the President of the Senate; one member appointed
5261	5261	13 by the Minority Leader of the Senate; one member appointed by
5262	5262	14 the Speaker of the House of Representatives; and one member
5263	5263	15 appointed by the Minority Leader of the House of
5264	5264	16 Representatives.
5265	5265	17 Six of the Board members shall be appointed by the
5266	5266	18 Director of the Department of Public Health, who shall
5267	5267	19 designate one of these appointed members as chair of the Board
5268	5268	20 at the time of his or her appointment. These 6 members
5269	5269	21 appointed by the Director shall reflect the population with
5270	5270	22 regard to ethnic, racial, and geographical composition and
5271	5271	23 shall include the following individuals: one breast cancer
5272	5272	24 survivor; one physician specializing in breast cancer or
5273	5273	25 related medical issues; one breast cancer researcher; one
5274	5274	26 representative from a breast cancer organization; one
5275	5275
5276	5276
5277	5277
5278	5278
5279	5279
5280	5280	SB0280 - 148 - LRB103 24970 AMQ 51304 b
5281	5281
5282	5282
5283	5283	SB0280- 149 -LRB103 24970 AMQ 51304 b SB0280 - 149 - LRB103 24970 AMQ 51304 b
5284	5284	SB0280 - 149 - LRB103 24970 AMQ 51304 b
5285	5285	1 individual who operates a patient navigation program at a
5286	5286	2 major hospital or health system; and one breast cancer
5287	5287	3 professional that may include, but not be limited to, a
5288	5288	4 genetics counselor, a social worker, a detain, an occupational
5289	5289	5 therapist, or a nurse.
5290	5290	6 A Board member whose term has expired may continue to
5291	5291	7 serve until a successor is appointed. A Board member who is not
5292	5292	8 a member of the General Assembly may serve 2 consecutive
5293	5293	9 3-year terms and shall not be reappointed for 3 years after the
5294	5294	10 completion of those consecutive terms.
5295	5295	11 (b) Board members shall serve without compensation but may
5296	5296	12 be reimbursed for their reasonable travel expenses incurred in
5297	5297	13 performing their duties from funds available for that purpose.
5298	5298	14 The Department shall provide staff and administrative support
5299	5299	15 services to the Board.
5300	5300	16 (c) The Board may advise:
5301	5301	17 (i) the Division of Lottery Department of Revenue in
5302	5302	18 designing and promoting the Carolyn Adams Ticket For The
5303	5303	19 Cure special instant scratch-off lottery game;
5304	5304	20 (ii) the Department in reviewing grant applications;
5305	5305	21 and
5306	5306	22 (iii) the Director on the final award of grants from
5307	5307	23 amounts appropriated from the Carolyn Adams Ticket For The
5308	5308	24 Cure Grant Fund, to public or private entities in Illinois
5309	5309	25 that reflect the population with regard to ethnic, racial,
5310	5310	26 and geographical composition for the purpose of funding
5311	5311
5312	5312
5313	5313
5314	5314
5315	5315
5316	5316	SB0280 - 149 - LRB103 24970 AMQ 51304 b
5317	5317
5318	5318
5319	5319	SB0280- 150 -LRB103 24970 AMQ 51304 b SB0280 - 150 - LRB103 24970 AMQ 51304 b
5320	5320	SB0280 - 150 - LRB103 24970 AMQ 51304 b
5321	5321	1 breast cancer research and supportive services for breast
5322	5322	2 cancer survivors and those impacted by breast cancer and
5323	5323	3 breast cancer education. In awarding grants, the
5324	5324	4 Department shall consider criteria that includes, but is
5325	5325	5 not limited to, projects and initiatives that address
5326	5326	6 disparities in incidence and mortality rates of breast
5327	5327	7 cancer, based on data from the Illinois Cancer Registry,
5328	5328	8 and populations facing barriers to care in accordance with
5329	5329	9 Section 21.5 of the Illinois Lottery Law.
5330	5330	10 (c-5) The Department shall submit a report to the Governor
5331	5331	11 and the General Assembly by December 31 of each year. The
5332	5332	12 report shall provide a summary of the Carolyn Adams Ticket for
5333	5333	13 the Cure lottery ticket sales, grants awarded, and the
5334	5334	14 accomplishments of the grantees.
5335	5335	15 (d) The Board is discontinued on June 30, 2027.
5336	5336	16 (Source: P.A. 99-917, eff. 12-30-16.)
5337	5337	17 (20 ILCS 2310/2310-348)
5338	5338	18 Sec. 2310-348. The Quality of Life Board.
5339	5339	19 (a) The Quality of Life Board is created as an advisory
5340	5340	20 board within the Department. The Board shall consist of 11
5341	5341	21 members as follows: 2 members appointed by the President of
5342	5342	22 the Senate; one member appointed by the Minority Leader of the
5343	5343	23 Senate; 2 members appointed by the Speaker of the House of
5344	5344	24 Representatives; one member appointed by the Minority Leader
5345	5345	25 of the House of Representatives; 2 members appointed by the
5346	5346
5347	5347
5348	5348
5349	5349
5350	5350
5351	5351	SB0280 - 150 - LRB103 24970 AMQ 51304 b
5352	5352
5353	5353
5354	5354	SB0280- 151 -LRB103 24970 AMQ 51304 b SB0280 - 151 - LRB103 24970 AMQ 51304 b
5355	5355	SB0280 - 151 - LRB103 24970 AMQ 51304 b
5356	5356	1 Governor, one of whom shall be designated as chair of the Board
5357	5357	2 at the time of appointment; and 3 members appointed by the
5358	5358	3 Director who represent organizations that advocate for the
5359	5359	4 healthcare needs of the first and second highest HIV/AIDS risk
5360	5360	5 groups, one each from the northern Illinois region, the
5361	5361	6 central Illinois region, and the southern Illinois region.
5362	5362	7 The Board members shall serve one 2-year term. If a
5363	5363	8 vacancy occurs in the Board membership, the vacancy shall be
5364	5364	9 filled in the same manner as the initial appointment.
5365	5365	10 (b) Board members shall serve without compensation but may
5366	5366	11 be reimbursed for their reasonable travel expenses from funds
5367	5367	12 appropriated for that purpose. The Department shall provide
5368	5368	13 staff and administrative support services to the Board.
5369	5369	14 (c) The Board must:
5370	5370	15 (i) consult with the Division of Lottery of the
5371	5371	16 Department of the Lottery and Gaming in designing and
5372	5372	17 promoting the Quality of Life special instant scratch-off
5373	5373	18 lottery game; and
5374	5374	19 (ii) review grant applications, make recommendations
5375	5375	20 and comments, and consult with the Department of Public
5376	5376	21 Health in making grants, from amounts appropriated from
5377	5377	22 the Quality of Life Endowment Fund, to public or private
5378	5378	23 entities in Illinois for the purpose of
5379	5379	24 HIV/AIDS-prevention education and for making grants to
5380	5380	25 public or private entities in Illinois for the purpose of
5381	5381	26 funding organizations that serve the highest at-risk
5382	5382
5383	5383
5384	5384
5385	5385
5386	5386
5387	5387	SB0280 - 151 - LRB103 24970 AMQ 51304 b
5388	5388
5389	5389
5390	5390	SB0280- 152 -LRB103 24970 AMQ 51304 b SB0280 - 152 - LRB103 24970 AMQ 51304 b
5391	5391	SB0280 - 152 - LRB103 24970 AMQ 51304 b
5392	5392	1 categories for contracting HIV or developing AIDS in
5393	5393	2 accordance with Section 21.7 of the Illinois Lottery Law.
5394	5394	3 (d) The Board is discontinued on June 30, 2018.
5395	5395	4 (Source: P.A. 97-464, eff. 10-15-11; 97-1117, eff. 8-27-12.)
5396	5396	5 Section 95. The Department of Revenue Law of the Civil
5397	5397	6 Administrative Code of Illinois is amended by changing Section
5398	5398	7 2505-305 as follows:
5399	5399	8 (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
5400	5400	9 Sec. 2505-305. Investigators.
5401	5401	10 (a) The Department has the power to appoint investigators
5402	5402	11 to conduct all investigations, searches, seizures, arrests,
5403	5403	12 and other duties imposed under the provisions of any law
5404	5404	13 administered by the Department. Except as provided in
5405	5405	14 subsection (c), these investigators have and may exercise all
5406	5406	15 the powers of peace officers solely for the purpose of
5407	5407	16 enforcing taxing measures administered by the Department.
5408	5408	17 (b) The Director must authorize to each investigator
5409	5409	18 employed under this Section and to any other employee of the
5410	5410	19 Department exercising the powers of a peace officer a distinct
5411	5411	20 badge that, on its face, (i) clearly states that the badge is
5412	5412	21 authorized by the Department and (ii) contains a unique
5413	5413	22 identifying number. No other badge shall be authorized by the
5414	5414	23 Department.
5415	5415	24 (c) The Department may enter into agreements with the
5416	5416
5417	5417
5418	5418
5419	5419
5420	5420
5421	5421	SB0280 - 152 - LRB103 24970 AMQ 51304 b
5422	5422
5423	5423
5424	5424	SB0280- 153 -LRB103 24970 AMQ 51304 b SB0280 - 153 - LRB103 24970 AMQ 51304 b
5425	5425	SB0280 - 153 - LRB103 24970 AMQ 51304 b
5426	5426	1 Department of Lottery and Gaming Illinois Gaming Board
5427	5427	2 providing that investigators appointed under this Section
5428	5428	3 shall exercise the peace officer powers set forth in paragraph
5429	5429	4 (20.6) of subsection (c) of Section 5 of the Illinois Gambling
5430	5430	5 Act.
5431	5431	6 (Source: P.A. 101-31, eff. 6-28-19.)
5432	5432	7 Section 97. The Illinois State Police Law of the Civil
5433	5433	8 Administrative Code of Illinois is amended by changing Section
5434	5434	9 2605-485 as follows:
5435	5435	10 (20 ILCS 2605/2605-485)
5436	5436	11 Sec. 2605-485. Endangered Missing Person Advisory.
5437	5437	12 (a) A coordinated program known as the Endangered Missing
5438	5438	13 Person Advisory is established within the Illinois State
5439	5439	14 Police. The purpose of the Endangered Missing Person Advisory
5440	5440	15 is to provide a regional system for the rapid dissemination of
5441	5441	16 information regarding a missing person who is believed to be a
5442	5442	17 high-risk missing person as defined in Section 10 of the
5443	5443	18 Missing Persons Identification Act.
5444	5444	19 (b) The AMBER Plan Task Force, established under Section
5445	5445	20 2605-480 of this Law, shall serve as the task force for the
5446	5446	21 Endangered Missing Person Advisory. The AMBER Plan Task Force
5447	5447	22 shall monitor and review the implementation and operation of
5448	5448	23 the regional system developed under subsection (a), including
5449	5449	24 procedures, budgetary requirements, and response protocols.
5450	5450
5451	5451
5452	5452
5453	5453
5454	5454
5455	5455	SB0280 - 153 - LRB103 24970 AMQ 51304 b
5456	5456
5457	5457
5458	5458	SB0280- 154 -LRB103 24970 AMQ 51304 b SB0280 - 154 - LRB103 24970 AMQ 51304 b
5459	5459	SB0280 - 154 - LRB103 24970 AMQ 51304 b
5460	5460	1 The AMBER Plan Task Force shall also develop additional
5461	5461	2 network resources for use in the system.
5462	5462	3 (c) The Illinois State Police, in coordination with the
5463	5463	4 Illinois Department on Aging, shall develop and implement a
5464	5464	5 community outreach program to promote awareness among the
5465	5465	6 State's healthcare facilities, nursing homes, assisted living
5466	5466	7 facilities, and other senior centers. The guidelines and
5467	5467	8 procedures shall ensure that specific health information about
5468	5468	9 the missing person is not made public through the alert or
5469	5469	10 otherwise.
5470	5470	11 (c-5) Subject to appropriation, the Illinois State Police,
5471	5471	12 in coordination with the Illinois Department of Human
5472	5472	13 Services, shall develop and implement a community outreach
5473	5473	14 program to promote awareness of the Endangered Missing Person
5474	5474	15 Advisory among applicable entities, including, but not limited
5475	5475	16 to, developmental disability facilities as defined in Section
5476	5476	17 1-107 of the Mental Health and Developmental Disabilities
5477	5477	18 Code. The guidelines and procedures shall ensure that specific
5478	5478	19 health information about the missing person is not made public
5479	5479	20 through the alert or otherwise.
5480	5480	21 (d) The Child Safety Coordinator, created under Section
5481	5481	22 2605-480 of this Law, shall act in the dual capacity of Child
5482	5482	23 Safety Coordinator and Endangered Missing Person Coordinator.
5483	5483	24 The Coordinator shall assist in the establishment of State
5484	5484	25 standards and monitor the availability of federal funding that
5485	5485	26 may become available to further the objectives of the
5486	5486
5487	5487
5488	5488
5489	5489
5490	5490
5491	5491	SB0280 - 154 - LRB103 24970 AMQ 51304 b
5492	5492
5493	5493
5494	5494	SB0280- 155 -LRB103 24970 AMQ 51304 b SB0280 - 155 - LRB103 24970 AMQ 51304 b
5495	5495	SB0280 - 155 - LRB103 24970 AMQ 51304 b
5496	5496	1 Endangered Missing Person Advisory. The Illinois State Police
5497	5497	2 shall provide technical assistance for the Coordinator from
5498	5498	3 its existing resources.
5499	5499	4 (e)(1) The Illinois State Police, in cooperation with the
5500	5500	5 Silver Search Task Force, shall develop as part of the
5501	5501	6 Endangered Missing Person Advisory a coordinated statewide
5502	5502	7 awareness program and toolkit to be used when a person 21 years
5503	5503	8 of age or older who is believed to have Alzheimer's disease,
5504	5504	9 other related dementia, or other dementia-like cognitive
5505	5505	10 impairment is reported missing, which shall be referred to as
5506	5506	11 Silver Search.
5507	5507	12 (2) The Illinois State Police shall complete development
5508	5508	13 and deployment of the Silver Search Awareness Program and
5509	5509	14 toolkit on or before July 1, 2017.
5510	5510	15 (3) The Illinois State Police shall establish a Silver
5511	5511	16 Search Task Force within 90 days after the effective date of
5512	5512	17 this amendatory Act of the 99th General Assembly to assist the
5513	5513	18 Illinois State Police in development and deployment of the
5514	5514	19 Silver Search Awareness Program and toolkit. The Task Force
5515	5515	20 shall establish the criteria and create a toolkit, which may
5516	5516	21 include usage of Department of Transportation signs, under
5517	5517	22 Section 2705-505.6 of the Department of Transportation Law of
5518	5518	23 the Civil Administrative Code of Illinois. The Task Force
5519	5519	24 shall monitor and review the implementation and operation of
5520	5520	25 that program, including procedures, budgetary requirements,
5521	5521	26 standards, and minimum requirements for the training of law
5522	5522
5523	5523
5524	5524
5525	5525
5526	5526
5527	5527	SB0280 - 155 - LRB103 24970 AMQ 51304 b
5528	5528
5529	5529
5530	5530	SB0280- 156 -LRB103 24970 AMQ 51304 b SB0280 - 156 - LRB103 24970 AMQ 51304 b
5531	5531	SB0280 - 156 - LRB103 24970 AMQ 51304 b
5532	5532	1 enforcement personnel on how to interact appropriately and
5533	5533	2 effectively with individuals that suffer from Alzheimer's
5534	5534	3 disease, other dementia, or other dementia-like cognitive
5535	5535	4 impairment. The Task Force shall also develop additional
5536	5536	5 network and financial resources for use in the system. The
5537	5537	6 Task Force shall include, but is not limited to, one
5538	5538	7 representative from each of the following:
5539	5539	8 (A) the Illinois State Police;
5540	5540	9 (B) the Department on Aging;
5541	5541	10 (C) the Department of Public Health;
5542	5542	11 (D) the Illinois Law Enforcement Training Standards
5543	5543	12 Board;
5544	5544	13 (E) the Illinois Emergency Management Agency;
5545	5545	14 (F) the Secretary of State;
5546	5546	15 (G) the Department of Transportation;
5547	5547	16 (H) the Department of the Lottery and Gaming;
5548	5548	17 (I) the Illinois Toll Highway Authority;
5549	5549	18 (J) a State association dedicated to Alzheimer's care,
5550	5550	19 support, and research;
5551	5551	20 (K) a State association dedicated to improving quality
5552	5552	21 of life for persons age 50 and over;
5553	5553	22 (L) a State group of area agencies involved in
5554	5554	23 planning and coordinating services and programs for older
5555	5555	24 persons in their respective areas;
5556	5556	25 (M) a State organization dedicated to enhancing
5557	5557	26 communication and cooperation between sheriffs;
5558	5558
5559	5559
5560	5560
5561	5561
5562	5562
5563	5563	SB0280 - 156 - LRB103 24970 AMQ 51304 b
5564	5564
5565	5565
5566	5566	SB0280- 157 -LRB103 24970 AMQ 51304 b SB0280 - 157 - LRB103 24970 AMQ 51304 b
5567	5567	SB0280 - 157 - LRB103 24970 AMQ 51304 b
5568	5568	1 (N) a State association of police chiefs and other
5569	5569	2 leaders of police and public safety organizations;
5570	5570	3 (O) a State association representing Illinois
5571	5571	4 publishers;
5572	5572	5 (P) a State association that advocates for the
5573	5573	6 broadcast industry;
5574	5574	7 (Q) a member of a large wireless telephone carrier;
5575	5575	8 and
5576	5576	9 (R) a member of a small wireless telephone carrier.
5577	5577	10 The members of the Task Force designated in subparagraphs
5578	5578	11 (A) through (I) of this paragraph (3) shall be appointed by the
5579	5579	12 head of the respective agency. The members of the Task Force
5580	5580	13 designated in subparagraphs (J) through (R) of this paragraph
5581	5581	14 (3) shall be appointed by the Director of the Illinois State
5582	5582	15 Police. The Director of the Illinois State Police or his or her
5583	5583	16 designee shall serve as Chair of the Task Force.
5584	5584	17 The Task Force shall meet at least twice a year and shall
5585	5585	18 provide a report on the operations of the Silver Search
5586	5586	19 Program to the General Assembly and the Governor each year by
5587	5587	20 June 30.
5588	5588	21 (4) Subject to appropriation, the Illinois State Police,
5589	5589	22 in coordination with the Department on Aging and the Silver
5590	5590	23 Search Task Force, shall develop and implement a community
5591	5591	24 outreach program to promote awareness of the Silver Search
5592	5592	25 Program as part of the Endangered Missing Person Advisory
5593	5593	26 among law enforcement agencies, the State's healthcare
5594	5594
5595	5595
5596	5596
5597	5597
5598	5598
5599	5599	SB0280 - 157 - LRB103 24970 AMQ 51304 b
5600	5600
5601	5601
5602	5602	SB0280- 158 -LRB103 24970 AMQ 51304 b SB0280 - 158 - LRB103 24970 AMQ 51304 b
5603	5603	SB0280 - 158 - LRB103 24970 AMQ 51304 b
5604	5604	1 facilities, nursing homes, assisted living facilities, other
5605	5605	2 senior centers, and the general population on or before
5606	5606	3 January 1, 2017.
5607	5607	4 (5) The Child Safety Coordinator, created under Section
5608	5608	5 2605-480 of this Law, shall act in the capacity of Child Safety
5609	5609	6 Coordinator, Endangered Missing Person Coordinator, and Silver
5610	5610	7 Search Program Coordinator. The Coordinator, in conjunction
5611	5611	8 with the members of the Task Force, shall assist the Illinois
5612	5612	9 State Police and the Silver Search Task Force in the
5613	5613	10 establishment of State standards and monitor the availability
5614	5614	11 of federal and private funding that may become available to
5615	5615	12 further the objectives of the Endangered Missing Person
5616	5616	13 Advisory and Silver Search Awareness Program. The Illinois
5617	5617	14 State Police shall provide technical assistance for the
5618	5618	15 Coordinator from its existing resources.
5619	5619	16 (6) The Illinois State Police shall provide administrative
5620	5620	17 and other support to the Task Force.
5621	5621	18 (Source: P.A. 102-538, eff. 8-20-21.)
5622	5622	19 Section 100. The State Finance Act is amended by changing
5623	5623	20 Section 6b-2 as follows:
5624	5624	21 (30 ILCS 105/6b-2) (from Ch. 127, par. 142b2)
5625	5625	22 Sec. 6b-2. The Department of Agriculture is authorized to
5626	5626	23 establish and maintain a "Working Cash Account" to receive
5627	5627	24 moneys obtained from the sale of pari-mutuel wagering tickets
5628	5628
5629	5629
5630	5630
5631	5631
5632	5632
5633	5633	SB0280 - 158 - LRB103 24970 AMQ 51304 b
5634	5634
5635	5635
5636	5636	SB0280- 159 -LRB103 24970 AMQ 51304 b SB0280 - 159 - LRB103 24970 AMQ 51304 b
5637	5637	SB0280 - 159 - LRB103 24970 AMQ 51304 b
5638	5638	1 and to disburse moneys from such account as provided in this
5639	5639	2 Section. The Department shall appoint a custodian who will be
5640	5640	3 responsible for the "Working Cash Account" and who shall be
5641	5641	4 bonded by a $100,000 penal bond made payable to the people of
5642	5642	5 the State of Illinois, and shall establish accounting and
5643	5643	6 reconciliation procedures to assure the safeguarding of these
5644	5644	7 moneys.
5645	5645	8 Moneys in the Department of Agriculture's "Working Cash
5646	5646	9 Account" shall be used only for the purposes of providing
5647	5647	10 change for ticket windows, paying winning tickets,
5648	5648	11 establishing the winning ticket reserve and purse fund as
5649	5649	12 required by the Division of Horse Racing of the Department of
5650	5650	13 Lottery and Gaming "Illinois Racing Board", paying race
5651	5651	14 purses, and paying Federal and State taxes in relation
5652	5652	15 thereto. That portion of the income received not expended for
5653	5653	16 uses as authorized shall within 10 days after receipt be paid
5654	5654	17 into the Agricultural Premium Fund.
5655	5655	18 The Governor may request at the recommendation of the
5656	5656	19 custodian of the "Working Cash Account" an amount of money not
5657	5657	20 to exceed $50,000 be transferred from the Agricultural Premium
5658	5658	21 Fund to the "Working Cash Account", to provide change for
5659	5659	22 ticket windows, such transfer to be made within 30 days prior
5660	5660	23 to a racing meet. The custodian shall within 2 working days
5661	5661	24 after the close of a racing meet transfer the money used for
5662	5662	25 change back to the Agricultural Premium Fund. The Department
5663	5663	26 of Agriculture is authorized to pay from the Agricultural
5664	5664
5665	5665
5666	5666
5667	5667
5668	5668
5669	5669	SB0280 - 159 - LRB103 24970 AMQ 51304 b
5670	5670
5671	5671
5672	5672	SB0280- 160 -LRB103 24970 AMQ 51304 b SB0280 - 160 - LRB103 24970 AMQ 51304 b
5673	5673	SB0280 - 160 - LRB103 24970 AMQ 51304 b
5674	5674	1 Premium Fund the annual license fee, the daily race fee, and
5675	5675	2 other expenses such as track security, stewards, investigators
5676	5676	3 and such other fees as required by the Division of Horse Racing
5677	5677	4 of the Department of Lottery and Gaming Illinois Racing Board
5678	5678	5 connected with the holding of a racing meet.
5679	5679	6 The Auditor General shall audit or cause to be audited the
5680	5680	7 above items of income and expenditures.
5681	5681	8 (Source: P.A. 84-1308.)
5682	5682	9 Section 105. The Agricultural Fair Act is amended by
5683	5683	10 changing Section 18 as follows:
5684	5684	11 (30 ILCS 120/18) (from Ch. 85, par. 668)
5685	5685	12 Sec. 18. Money shall be paid into the Fair and Exposition
5686	5686	13 Fund by the Division of Horse Racing of the Department of
5687	5687	14 Lottery and Gaming Illinois Racing Board, as provided in
5688	5688	15 Section 28 of the Illinois Horse Racing Act of 1975. The
5689	5689	16 General Assembly shall from time to time make appropriations
5690	5690	17 payable from such fund to the Department for distribution to
5691	5691	18 county fairs. Such appropriations shall be distributed by the
5692	5692	19 Department to county fairs which are eligible to participate
5693	5693	20 in appropriations made from the Agricultural Premium Fund but
5694	5694	21 which elect instead to participate in appropriations made from
5695	5695	22 the Fair and Exposition Fund. If a county has more than one
5696	5696	23 county fair, such fairs shall jointly elect to participate
5697	5697	24 either in appropriations made from the Agricultural Premium
5698	5698
5699	5699
5700	5700
5701	5701
5702	5702
5703	5703	SB0280 - 160 - LRB103 24970 AMQ 51304 b
5704	5704
5705	5705
5706	5706	SB0280- 161 -LRB103 24970 AMQ 51304 b SB0280 - 161 - LRB103 24970 AMQ 51304 b
5707	5707	SB0280 - 161 - LRB103 24970 AMQ 51304 b
5708	5708	1 Fund or in appropriations made from the Fair and Exposition
5709	5709	2 Fund. All participating county fairs of the same county shall
5710	5710	3 participate in the same appropriation. Except as otherwise
5711	5711	4 allowed by the Director, a participant, to be eligible to
5712	5712	5 expend moneys appropriated from the Fair and Exposition Fund
5713	5713	6 for the purchase of new or additional land construction or
5714	5714	7 maintenance of buildings, grounds, facilities, infrastructure,
5715	5715	8 or any improvement to the grounds must hold the land on which
5716	5716	9 such fair or exposition is to be conducted as a fee or under a
5717	5717	10 lease of at least 20 years, the terms of which require the
5718	5718	11 lessee to have continuous possession of the land during every
5719	5719	12 day of the lease period, or must be owned by the fair
5720	5720	13 association participating in this disbursement, by an
5721	5721	14 agricultural society, or by a fair and exposition authority.
5722	5722	15 (Source: P.A. 99-183, eff. 7-29-15.)
5723	5723	16 Section 110. The Illinois Income Tax Act is amended by
5724	5724	17 changing Section 201 as follows:
5725	5725	18 (35 ILCS 5/201)
5726	5726	19 Sec. 201. Tax imposed.
5727	5727	20 (a) In general. A tax measured by net income is hereby
5728	5728	21 imposed on every individual, corporation, trust and estate for
5729	5729	22 each taxable year ending after July 31, 1969 on the privilege
5730	5730	23 of earning or receiving income in or as a resident of this
5731	5731	24 State. Such tax shall be in addition to all other occupation or
5732	5732
5733	5733
5734	5734
5735	5735
5736	5736
5737	5737	SB0280 - 161 - LRB103 24970 AMQ 51304 b
5738	5738
5739	5739
5740	5740	SB0280- 162 -LRB103 24970 AMQ 51304 b SB0280 - 162 - LRB103 24970 AMQ 51304 b
5741	5741	SB0280 - 162 - LRB103 24970 AMQ 51304 b
5742	5742	1 privilege taxes imposed by this State or by any municipal
5743	5743	2 corporation or political subdivision thereof.
5744	5744	3 (b) Rates. The tax imposed by subsection (a) of this
5745	5745	4 Section shall be determined as follows, except as adjusted by
5746	5746	5 subsection (d-1):
5747	5747	6 (1) In the case of an individual, trust or estate, for
5748	5748	7 taxable years ending prior to July 1, 1989, an amount
5749	5749	8 equal to 2 1/2% of the taxpayer's net income for the
5750	5750	9 taxable year.
5751	5751	10 (2) In the case of an individual, trust or estate, for
5752	5752	11 taxable years beginning prior to July 1, 1989 and ending
5753	5753	12 after June 30, 1989, an amount equal to the sum of (i) 2
5754	5754	13 1/2% of the taxpayer's net income for the period prior to
5755	5755	14 July 1, 1989, as calculated under Section 202.3, and (ii)
5756	5756	15 3% of the taxpayer's net income for the period after June
5757	5757	16 30, 1989, as calculated under Section 202.3.
5758	5758	17 (3) In the case of an individual, trust or estate, for
5759	5759	18 taxable years beginning after June 30, 1989, and ending
5760	5760	19 prior to January 1, 2011, an amount equal to 3% of the
5761	5761	20 taxpayer's net income for the taxable year.
5762	5762	21 (4) In the case of an individual, trust, or estate,
5763	5763	22 for taxable years beginning prior to January 1, 2011, and
5764	5764	23 ending after December 31, 2010, an amount equal to the sum
5765	5765	24 of (i) 3% of the taxpayer's net income for the period prior
5766	5766	25 to January 1, 2011, as calculated under Section 202.5, and
5767	5767	26 (ii) 5% of the taxpayer's net income for the period after
5768	5768
5769	5769
5770	5770
5771	5771
5772	5772
5773	5773	SB0280 - 162 - LRB103 24970 AMQ 51304 b
5774	5774
5775	5775
5776	5776	SB0280- 163 -LRB103 24970 AMQ 51304 b SB0280 - 163 - LRB103 24970 AMQ 51304 b
5777	5777	SB0280 - 163 - LRB103 24970 AMQ 51304 b
5778	5778	1 December 31, 2010, as calculated under Section 202.5.
5779	5779	2 (5) In the case of an individual, trust, or estate,
5780	5780	3 for taxable years beginning on or after January 1, 2011,
5781	5781	4 and ending prior to January 1, 2015, an amount equal to 5%
5782	5782	5 of the taxpayer's net income for the taxable year.
5783	5783	6 (5.1) In the case of an individual, trust, or estate,
5784	5784	7 for taxable years beginning prior to January 1, 2015, and
5785	5785	8 ending after December 31, 2014, an amount equal to the sum
5786	5786	9 of (i) 5% of the taxpayer's net income for the period prior
5787	5787	10 to January 1, 2015, as calculated under Section 202.5, and
5788	5788	11 (ii) 3.75% of the taxpayer's net income for the period
5789	5789	12 after December 31, 2014, as calculated under Section
5790	5790	13 202.5.
5791	5791	14 (5.2) In the case of an individual, trust, or estate,
5792	5792	15 for taxable years beginning on or after January 1, 2015,
5793	5793	16 and ending prior to July 1, 2017, an amount equal to 3.75%
5794	5794	17 of the taxpayer's net income for the taxable year.
5795	5795	18 (5.3) In the case of an individual, trust, or estate,
5796	5796	19 for taxable years beginning prior to July 1, 2017, and
5797	5797	20 ending after June 30, 2017, an amount equal to the sum of
5798	5798	21 (i) 3.75% of the taxpayer's net income for the period
5799	5799	22 prior to July 1, 2017, as calculated under Section 202.5,
5800	5800	23 and (ii) 4.95% of the taxpayer's net income for the period
5801	5801	24 after June 30, 2017, as calculated under Section 202.5.
5802	5802	25 (5.4) In the case of an individual, trust, or estate,
5803	5803	26 for taxable years beginning on or after July 1, 2017, an
5804	5804
5805	5805
5806	5806
5807	5807
5808	5808
5809	5809	SB0280 - 163 - LRB103 24970 AMQ 51304 b
5810	5810
5811	5811
5812	5812	SB0280- 164 -LRB103 24970 AMQ 51304 b SB0280 - 164 - LRB103 24970 AMQ 51304 b
5813	5813	SB0280 - 164 - LRB103 24970 AMQ 51304 b
5814	5814	1 amount equal to 4.95% of the taxpayer's net income for the
5815	5815	2 taxable year.
5816	5816	3 (6) In the case of a corporation, for taxable years
5817	5817	4 ending prior to July 1, 1989, an amount equal to 4% of the
5818	5818	5 taxpayer's net income for the taxable year.
5819	5819	6 (7) In the case of a corporation, for taxable years
5820	5820	7 beginning prior to July 1, 1989 and ending after June 30,
5821	5821	8 1989, an amount equal to the sum of (i) 4% of the
5822	5822	9 taxpayer's net income for the period prior to July 1,
5823	5823	10 1989, as calculated under Section 202.3, and (ii) 4.8% of
5824	5824	11 the taxpayer's net income for the period after June 30,
5825	5825	12 1989, as calculated under Section 202.3.
5826	5826	13 (8) In the case of a corporation, for taxable years
5827	5827	14 beginning after June 30, 1989, and ending prior to January
5828	5828	15 1, 2011, an amount equal to 4.8% of the taxpayer's net
5829	5829	16 income for the taxable year.
5830	5830	17 (9) In the case of a corporation, for taxable years
5831	5831	18 beginning prior to January 1, 2011, and ending after
5832	5832	19 December 31, 2010, an amount equal to the sum of (i) 4.8%
5833	5833	20 of the taxpayer's net income for the period prior to
5834	5834	21 January 1, 2011, as calculated under Section 202.5, and
5835	5835	22 (ii) 7% of the taxpayer's net income for the period after
5836	5836	23 December 31, 2010, as calculated under Section 202.5.
5837	5837	24 (10) In the case of a corporation, for taxable years
5838	5838	25 beginning on or after January 1, 2011, and ending prior to
5839	5839	26 January 1, 2015, an amount equal to 7% of the taxpayer's
5840	5840
5841	5841
5842	5842
5843	5843
5844	5844
5845	5845	SB0280 - 164 - LRB103 24970 AMQ 51304 b
5846	5846
5847	5847
5848	5848	SB0280- 165 -LRB103 24970 AMQ 51304 b SB0280 - 165 - LRB103 24970 AMQ 51304 b
5849	5849	SB0280 - 165 - LRB103 24970 AMQ 51304 b
5850	5850	1 net income for the taxable year.
5851	5851	2 (11) In the case of a corporation, for taxable years
5852	5852	3 beginning prior to January 1, 2015, and ending after
5853	5853	4 December 31, 2014, an amount equal to the sum of (i) 7% of
5854	5854	5 the taxpayer's net income for the period prior to January
5855	5855	6 1, 2015, as calculated under Section 202.5, and (ii) 5.25%
5856	5856	7 of the taxpayer's net income for the period after December
5857	5857	8 31, 2014, as calculated under Section 202.5.
5858	5858	9 (12) In the case of a corporation, for taxable years
5859	5859	10 beginning on or after January 1, 2015, and ending prior to
5860	5860	11 July 1, 2017, an amount equal to 5.25% of the taxpayer's
5861	5861	12 net income for the taxable year.
5862	5862	13 (13) In the case of a corporation, for taxable years
5863	5863	14 beginning prior to July 1, 2017, and ending after June 30,
5864	5864	15 2017, an amount equal to the sum of (i) 5.25% of the
5865	5865	16 taxpayer's net income for the period prior to July 1,
5866	5866	17 2017, as calculated under Section 202.5, and (ii) 7% of
5867	5867	18 the taxpayer's net income for the period after June 30,
5868	5868	19 2017, as calculated under Section 202.5.
5869	5869	20 (14) In the case of a corporation, for taxable years
5870	5870	21 beginning on or after July 1, 2017, an amount equal to 7%
5871	5871	22 of the taxpayer's net income for the taxable year.
5872	5872	23 The rates under this subsection (b) are subject to the
5873	5873	24 provisions of Section 201.5.
5874	5874	25 (b-5) Surcharge; sale or exchange of assets, properties,
5875	5875	26 and intangibles of organization gaming licensees. For each of
5876	5876
5877	5877
5878	5878
5879	5879
5880	5880
5881	5881	SB0280 - 165 - LRB103 24970 AMQ 51304 b
5882	5882
5883	5883
5884	5884	SB0280- 166 -LRB103 24970 AMQ 51304 b SB0280 - 166 - LRB103 24970 AMQ 51304 b
5885	5885	SB0280 - 166 - LRB103 24970 AMQ 51304 b
5886	5886	1 taxable years 2019 through 2027, a surcharge is imposed on all
5887	5887	2 taxpayers on income arising from the sale or exchange of
5888	5888	3 capital assets, depreciable business property, real property
5889	5889	4 used in the trade or business, and Section 197 intangibles (i)
5890	5890	5 of an organization licensee under the Illinois Horse Racing
5891	5891	6 Act of 1975 and (ii) of an organization gaming licensee under
5892	5892	7 the Illinois Gambling Act. The amount of the surcharge is
5893	5893	8 equal to the amount of federal income tax liability for the
5894	5894	9 taxable year attributable to those sales and exchanges. The
5895	5895	10 surcharge imposed shall not apply if:
5896	5896	11 (1) the organization gaming license, organization
5897	5897	12 license, or racetrack property is transferred as a result
5898	5898	13 of any of the following:
5899	5899	14 (A) bankruptcy, a receivership, or a debt
5900	5900	15 adjustment initiated by or against the initial
5901	5901	16 licensee or the substantial owners of the initial
5902	5902	17 licensee;
5903	5903	18 (B) cancellation, revocation, or termination of
5904	5904	19 any such license by the Department of Lottery and
5905	5905	20 Gaming Illinois Gaming Board or the Illinois Racing
5906	5906	21 Board;
5907	5907	22 (C) a determination by the Division of Casino
5908	5908	23 Gambling of the Department of Lottery and Gaming
5909	5909	24 Illinois Gaming Board that transfer of the license is
5910	5910	25 in the best interests of Illinois gaming;
5911	5911	26 (D) the death of an owner of the equity interest in
5912	5912
5913	5913
5914	5914
5915	5915
5916	5916
5917	5917	SB0280 - 166 - LRB103 24970 AMQ 51304 b
5918	5918
5919	5919
5920	5920	SB0280- 167 -LRB103 24970 AMQ 51304 b SB0280 - 167 - LRB103 24970 AMQ 51304 b
5921	5921	SB0280 - 167 - LRB103 24970 AMQ 51304 b
5922	5922	1 a licensee;
5923	5923	2 (E) the acquisition of a controlling interest in
5924	5924	3 the stock or substantially all of the assets of a
5925	5925	4 publicly traded company;
5926	5926	5 (F) a transfer by a parent company to a wholly
5927	5927	6 owned subsidiary; or
5928	5928	7 (G) the transfer or sale to or by one person to
5929	5929	8 another person where both persons were initial owners
5930	5930	9 of the license when the license was issued; or
5931	5931	10 (2) the controlling interest in the organization
5932	5932	11 gaming license, organization license, or racetrack
5933	5933	12 property is transferred in a transaction to lineal
5934	5934	13 descendants in which no gain or loss is recognized or as a
5935	5935	14 result of a transaction in accordance with Section 351 of
5936	5936	15 the Internal Revenue Code in which no gain or loss is
5937	5937	16 recognized; or
5938	5938	17 (3) live horse racing was not conducted in 2010 at a
5939	5939	18 racetrack located within 3 miles of the Mississippi River
5940	5940	19 under a license issued pursuant to the Illinois Horse
5941	5941	20 Racing Act of 1975.
5942	5942	21 The transfer of an organization gaming license,
5943	5943	22 organization license, or racetrack property by a person other
5944	5944	23 than the initial licensee to receive the organization gaming
5945	5945	24 license is not subject to a surcharge. The Department shall
5946	5946	25 adopt rules necessary to implement and administer this
5947	5947	26 subsection.
5948	5948
5949	5949
5950	5950
5951	5951
5952	5952
5953	5953	SB0280 - 167 - LRB103 24970 AMQ 51304 b
5954	5954
5955	5955
5956	5956	SB0280- 168 -LRB103 24970 AMQ 51304 b SB0280 - 168 - LRB103 24970 AMQ 51304 b
5957	5957	SB0280 - 168 - LRB103 24970 AMQ 51304 b
5958	5958	1 (c) Personal Property Tax Replacement Income Tax.
5959	5959	2 Beginning on July 1, 1979 and thereafter, in addition to such
5960	5960	3 income tax, there is also hereby imposed the Personal Property
5961	5961	4 Tax Replacement Income Tax measured by net income on every
5962	5962	5 corporation (including Subchapter S corporations), partnership
5963	5963	6 and trust, for each taxable year ending after June 30, 1979.
5964	5964	7 Such taxes are imposed on the privilege of earning or
5965	5965	8 receiving income in or as a resident of this State. The
5966	5966	9 Personal Property Tax Replacement Income Tax shall be in
5967	5967	10 addition to the income tax imposed by subsections (a) and (b)
5968	5968	11 of this Section and in addition to all other occupation or
5969	5969	12 privilege taxes imposed by this State or by any municipal
5970	5970	13 corporation or political subdivision thereof.
5971	5971	14 (d) Additional Personal Property Tax Replacement Income
5972	5972	15 Tax Rates. The personal property tax replacement income tax
5973	5973	16 imposed by this subsection and subsection (c) of this Section
5974	5974	17 in the case of a corporation, other than a Subchapter S
5975	5975	18 corporation and except as adjusted by subsection (d-1), shall
5976	5976	19 be an additional amount equal to 2.85% of such taxpayer's net
5977	5977	20 income for the taxable year, except that beginning on January
5978	5978	21 1, 1981, and thereafter, the rate of 2.85% specified in this
5979	5979	22 subsection shall be reduced to 2.5%, and in the case of a
5980	5980	23 partnership, trust or a Subchapter S corporation shall be an
5981	5981	24 additional amount equal to 1.5% of such taxpayer's net income
5982	5982	25 for the taxable year.
5983	5983	26 (d-1) Rate reduction for certain foreign insurers. In the
5984	5984
5985	5985
5986	5986
5987	5987
5988	5988
5989	5989	SB0280 - 168 - LRB103 24970 AMQ 51304 b
5990	5990
5991	5991
5992	5992	SB0280- 169 -LRB103 24970 AMQ 51304 b SB0280 - 169 - LRB103 24970 AMQ 51304 b
5993	5993	SB0280 - 169 - LRB103 24970 AMQ 51304 b
5994	5994	1 case of a foreign insurer, as defined by Section 35A-5 of the
5995	5995	2 Illinois Insurance Code, whose state or country of domicile
5996	5996	3 imposes on insurers domiciled in Illinois a retaliatory tax
5997	5997	4 (excluding any insurer whose premiums from reinsurance assumed
5998	5998	5 are 50% or more of its total insurance premiums as determined
5999	5999	6 under paragraph (2) of subsection (b) of Section 304, except
6000	6000	7 that for purposes of this determination premiums from
6001	6001	8 reinsurance do not include premiums from inter-affiliate
6002	6002	9 reinsurance arrangements), beginning with taxable years ending
6003	6003	10 on or after December 31, 1999, the sum of the rates of tax
6004	6004	11 imposed by subsections (b) and (d) shall be reduced (but not
6005	6005	12 increased) to the rate at which the total amount of tax imposed
6006	6006	13 under this Act, net of all credits allowed under this Act,
6007	6007	14 shall equal (i) the total amount of tax that would be imposed
6008	6008	15 on the foreign insurer's net income allocable to Illinois for
6009	6009	16 the taxable year by such foreign insurer's state or country of
6010	6010	17 domicile if that net income were subject to all income taxes
6011	6011	18 and taxes measured by net income imposed by such foreign
6012	6012	19 insurer's state or country of domicile, net of all credits
6013	6013	20 allowed or (ii) a rate of zero if no such tax is imposed on
6014	6014	21 such income by the foreign insurer's state of domicile. For
6015	6015	22 the purposes of this subsection (d-1), an inter-affiliate
6016	6016	23 includes a mutual insurer under common management.
6017	6017	24 (1) For the purposes of subsection (d-1), in no event
6018	6018	25 shall the sum of the rates of tax imposed by subsections
6019	6019	26 (b) and (d) be reduced below the rate at which the sum of:
6020	6020
6021	6021
6022	6022
6023	6023
6024	6024
6025	6025	SB0280 - 169 - LRB103 24970 AMQ 51304 b
6026	6026
6027	6027
6028	6028	SB0280- 170 -LRB103 24970 AMQ 51304 b SB0280 - 170 - LRB103 24970 AMQ 51304 b
6029	6029	SB0280 - 170 - LRB103 24970 AMQ 51304 b
6030	6030	1 (A) the total amount of tax imposed on such
6031	6031	2 foreign insurer under this Act for a taxable year, net
6032	6032	3 of all credits allowed under this Act, plus
6033	6033	4 (B) the privilege tax imposed by Section 409 of
6034	6034	5 the Illinois Insurance Code, the fire insurance
6035	6035	6 company tax imposed by Section 12 of the Fire
6036	6036	7 Investigation Act, and the fire department taxes
6037	6037	8 imposed under Section 11-10-1 of the Illinois
6038	6038	9 Municipal Code,
6039	6039	10 equals 1.25% for taxable years ending prior to December
6040	6040	11 31, 2003, or 1.75% for taxable years ending on or after
6041	6041	12 December 31, 2003, of the net taxable premiums written for
6042	6042	13 the taxable year, as described by subsection (1) of
6043	6043	14 Section 409 of the Illinois Insurance Code. This paragraph
6044	6044	15 will in no event increase the rates imposed under
6045	6045	16 subsections (b) and (d).
6046	6046	17 (2) Any reduction in the rates of tax imposed by this
6047	6047	18 subsection shall be applied first against the rates
6048	6048	19 imposed by subsection (b) and only after the tax imposed
6049	6049	20 by subsection (a) net of all credits allowed under this
6050	6050	21 Section other than the credit allowed under subsection (i)
6051	6051	22 has been reduced to zero, against the rates imposed by
6052	6052	23 subsection (d).
6053	6053	24 This subsection (d-1) is exempt from the provisions of
6054	6054	25 Section 250.
6055	6055	26 (e) Investment credit. A taxpayer shall be allowed a
6056	6056
6057	6057
6058	6058
6059	6059
6060	6060
6061	6061	SB0280 - 170 - LRB103 24970 AMQ 51304 b
6062	6062
6063	6063
6064	6064	SB0280- 171 -LRB103 24970 AMQ 51304 b SB0280 - 171 - LRB103 24970 AMQ 51304 b
6065	6065	SB0280 - 171 - LRB103 24970 AMQ 51304 b
6066	6066	1 credit against the Personal Property Tax Replacement Income
6067	6067	2 Tax for investment in qualified property.
6068	6068	3 (1) A taxpayer shall be allowed a credit equal to .5%
6069	6069	4 of the basis of qualified property placed in service
6070	6070	5 during the taxable year, provided such property is placed
6071	6071	6 in service on or after July 1, 1984. There shall be allowed
6072	6072	7 an additional credit equal to .5% of the basis of
6073	6073	8 qualified property placed in service during the taxable
6074	6074	9 year, provided such property is placed in service on or
6075	6075	10 after July 1, 1986, and the taxpayer's base employment
6076	6076	11 within Illinois has increased by 1% or more over the
6077	6077	12 preceding year as determined by the taxpayer's employment
6078	6078	13 records filed with the Illinois Department of Employment
6079	6079	14 Security. Taxpayers who are new to Illinois shall be
6080	6080	15 deemed to have met the 1% growth in base employment for the
6081	6081	16 first year in which they file employment records with the
6082	6082	17 Illinois Department of Employment Security. The provisions
6083	6083	18 added to this Section by Public Act 85-1200 (and restored
6084	6084	19 by Public Act 87-895) shall be construed as declaratory of
6085	6085	20 existing law and not as a new enactment. If, in any year,
6086	6086	21 the increase in base employment within Illinois over the
6087	6087	22 preceding year is less than 1%, the additional credit
6088	6088	23 shall be limited to that percentage times a fraction, the
6089	6089	24 numerator of which is .5% and the denominator of which is
6090	6090	25 1%, but shall not exceed .5%. The investment credit shall
6091	6091	26 not be allowed to the extent that it would reduce a
6092	6092
6093	6093
6094	6094
6095	6095
6096	6096
6097	6097	SB0280 - 171 - LRB103 24970 AMQ 51304 b
6098	6098
6099	6099
6100	6100	SB0280- 172 -LRB103 24970 AMQ 51304 b SB0280 - 172 - LRB103 24970 AMQ 51304 b
6101	6101	SB0280 - 172 - LRB103 24970 AMQ 51304 b
6102	6102	1 taxpayer's liability in any tax year below zero, nor may
6103	6103	2 any credit for qualified property be allowed for any year
6104	6104	3 other than the year in which the property was placed in
6105	6105	4 service in Illinois. For tax years ending on or after
6106	6106	5 December 31, 1987, and on or before December 31, 1988, the
6107	6107	6 credit shall be allowed for the tax year in which the
6108	6108	7 property is placed in service, or, if the amount of the
6109	6109	8 credit exceeds the tax liability for that year, whether it
6110	6110	9 exceeds the original liability or the liability as later
6111	6111	10 amended, such excess may be carried forward and applied to
6112	6112	11 the tax liability of the 5 taxable years following the
6113	6113	12 excess credit years if the taxpayer (i) makes investments
6114	6114	13 which cause the creation of a minimum of 2,000 full-time
6115	6115	14 equivalent jobs in Illinois, (ii) is located in an
6116	6116	15 enterprise zone established pursuant to the Illinois
6117	6117	16 Enterprise Zone Act and (iii) is certified by the
6118	6118	17 Department of Commerce and Community Affairs (now
6119	6119	18 Department of Commerce and Economic Opportunity) as
6120	6120	19 complying with the requirements specified in clause (i)
6121	6121	20 and (ii) by July 1, 1986. The Department of Commerce and
6122	6122	21 Community Affairs (now Department of Commerce and Economic
6123	6123	22 Opportunity) shall notify the Department of Revenue of all
6124	6124	23 such certifications immediately. For tax years ending
6125	6125	24 after December 31, 1988, the credit shall be allowed for
6126	6126	25 the tax year in which the property is placed in service,
6127	6127	26 or, if the amount of the credit exceeds the tax liability
6128	6128
6129	6129
6130	6130
6131	6131
6132	6132
6133	6133	SB0280 - 172 - LRB103 24970 AMQ 51304 b
6134	6134
6135	6135
6136	6136	SB0280- 173 -LRB103 24970 AMQ 51304 b SB0280 - 173 - LRB103 24970 AMQ 51304 b
6137	6137	SB0280 - 173 - LRB103 24970 AMQ 51304 b
6138	6138	1 for that year, whether it exceeds the original liability
6139	6139	2 or the liability as later amended, such excess may be
6140	6140	3 carried forward and applied to the tax liability of the 5
6141	6141	4 taxable years following the excess credit years. The
6142	6142	5 credit shall be applied to the earliest year for which
6143	6143	6 there is a liability. If there is credit from more than one
6144	6144	7 tax year that is available to offset a liability, earlier
6145	6145	8 credit shall be applied first.
6146	6146	9 (2) The term "qualified property" means property
6147	6147	10 which:
6148	6148	11 (A) is tangible, whether new or used, including
6149	6149	12 buildings and structural components of buildings and
6150	6150	13 signs that are real property, but not including land
6151	6151	14 or improvements to real property that are not a
6152	6152	15 structural component of a building such as
6153	6153	16 landscaping, sewer lines, local access roads, fencing,
6154	6154	17 parking lots, and other appurtenances;
6155	6155	18 (B) is depreciable pursuant to Section 167 of the
6156	6156	19 Internal Revenue Code, except that "3-year property"
6157	6157	20 as defined in Section 168(c)(2)(A) of that Code is not
6158	6158	21 eligible for the credit provided by this subsection
6159	6159	22 (e);
6160	6160	23 (C) is acquired by purchase as defined in Section
6161	6161	24 179(d) of the Internal Revenue Code;
6162	6162	25 (D) is used in Illinois by a taxpayer who is
6163	6163	26 primarily engaged in manufacturing, or in mining coal
6164	6164
6165	6165
6166	6166
6167	6167
6168	6168
6169	6169	SB0280 - 173 - LRB103 24970 AMQ 51304 b
6170	6170
6171	6171
6172	6172	SB0280- 174 -LRB103 24970 AMQ 51304 b SB0280 - 174 - LRB103 24970 AMQ 51304 b
6173	6173	SB0280 - 174 - LRB103 24970 AMQ 51304 b
6174	6174	1 or fluorite, or in retailing, or was placed in service
6175	6175	2 on or after July 1, 2006 in a River Edge Redevelopment
6176	6176	3 Zone established pursuant to the River Edge
6177	6177	4 Redevelopment Zone Act; and
6178	6178	5 (E) has not previously been used in Illinois in
6179	6179	6 such a manner and by such a person as would qualify for
6180	6180	7 the credit provided by this subsection (e) or
6181	6181	8 subsection (f).
6182	6182	9 (3) For purposes of this subsection (e),
6183	6183	10 "manufacturing" means the material staging and production
6184	6184	11 of tangible personal property by procedures commonly
6185	6185	12 regarded as manufacturing, processing, fabrication, or
6186	6186	13 assembling which changes some existing material into new
6187	6187	14 shapes, new qualities, or new combinations. For purposes
6188	6188	15 of this subsection (e) the term "mining" shall have the
6189	6189	16 same meaning as the term "mining" in Section 613(c) of the
6190	6190	17 Internal Revenue Code. For purposes of this subsection
6191	6191	18 (e), the term "retailing" means the sale of tangible
6192	6192	19 personal property for use or consumption and not for
6193	6193	20 resale, or services rendered in conjunction with the sale
6194	6194	21 of tangible personal property for use or consumption and
6195	6195	22 not for resale. For purposes of this subsection (e),
6196	6196	23 "tangible personal property" has the same meaning as when
6197	6197	24 that term is used in the Retailers' Occupation Tax Act,
6198	6198	25 and, for taxable years ending after December 31, 2008,
6199	6199	26 does not include the generation, transmission, or
6200	6200
6201	6201
6202	6202
6203	6203
6204	6204
6205	6205	SB0280 - 174 - LRB103 24970 AMQ 51304 b
6206	6206
6207	6207
6208	6208	SB0280- 175 -LRB103 24970 AMQ 51304 b SB0280 - 175 - LRB103 24970 AMQ 51304 b
6209	6209	SB0280 - 175 - LRB103 24970 AMQ 51304 b
6210	6210	1 distribution of electricity.
6211	6211	2 (4) The basis of qualified property shall be the basis
6212	6212	3 used to compute the depreciation deduction for federal
6213	6213	4 income tax purposes.
6214	6214	5 (5) If the basis of the property for federal income
6215	6215	6 tax depreciation purposes is increased after it has been
6216	6216	7 placed in service in Illinois by the taxpayer, the amount
6217	6217	8 of such increase shall be deemed property placed in
6218	6218	9 service on the date of such increase in basis.
6219	6219	10 (6) The term "placed in service" shall have the same
6220	6220	11 meaning as under Section 46 of the Internal Revenue Code.
6221	6221	12 (7) If during any taxable year, any property ceases to
6222	6222	13 be qualified property in the hands of the taxpayer within
6223	6223	14 48 months after being placed in service, or the situs of
6224	6224	15 any qualified property is moved outside Illinois within 48
6225	6225	16 months after being placed in service, the Personal
6226	6226	17 Property Tax Replacement Income Tax for such taxable year
6227	6227	18 shall be increased. Such increase shall be determined by
6228	6228	19 (i) recomputing the investment credit which would have
6229	6229	20 been allowed for the year in which credit for such
6230	6230	21 property was originally allowed by eliminating such
6231	6231	22 property from such computation and, (ii) subtracting such
6232	6232	23 recomputed credit from the amount of credit previously
6233	6233	24 allowed. For the purposes of this paragraph (7), a
6234	6234	25 reduction of the basis of qualified property resulting
6235	6235	26 from a redetermination of the purchase price shall be
6236	6236
6237	6237
6238	6238
6239	6239
6240	6240
6241	6241	SB0280 - 175 - LRB103 24970 AMQ 51304 b
6242	6242
6243	6243
6244	6244	SB0280- 176 -LRB103 24970 AMQ 51304 b SB0280 - 176 - LRB103 24970 AMQ 51304 b
6245	6245	SB0280 - 176 - LRB103 24970 AMQ 51304 b
6246	6246	1 deemed a disposition of qualified property to the extent
6247	6247	2 of such reduction.
6248	6248	3 (8) Unless the investment credit is extended by law,
6249	6249	4 the basis of qualified property shall not include costs
6250	6250	5 incurred after December 31, 2018, except for costs
6251	6251	6 incurred pursuant to a binding contract entered into on or
6252	6252	7 before December 31, 2018.
6253	6253	8 (9) Each taxable year ending before December 31, 2000,
6254	6254	9 a partnership may elect to pass through to its partners
6255	6255	10 the credits to which the partnership is entitled under
6256	6256	11 this subsection (e) for the taxable year. A partner may
6257	6257	12 use the credit allocated to him or her under this
6258	6258	13 paragraph only against the tax imposed in subsections (c)
6259	6259	14 and (d) of this Section. If the partnership makes that
6260	6260	15 election, those credits shall be allocated among the
6261	6261	16 partners in the partnership in accordance with the rules
6262	6262	17 set forth in Section 704(b) of the Internal Revenue Code,
6263	6263	18 and the rules promulgated under that Section, and the
6264	6264	19 allocated amount of the credits shall be allowed to the
6265	6265	20 partners for that taxable year. The partnership shall make
6266	6266	21 this election on its Personal Property Tax Replacement
6267	6267	22 Income Tax return for that taxable year. The election to
6268	6268	23 pass through the credits shall be irrevocable.
6269	6269	24 For taxable years ending on or after December 31,
6270	6270	25 2000, a partner that qualifies its partnership for a
6271	6271	26 subtraction under subparagraph (I) of paragraph (2) of
6272	6272
6273	6273
6274	6274
6275	6275
6276	6276
6277	6277	SB0280 - 176 - LRB103 24970 AMQ 51304 b
6278	6278
6279	6279
6280	6280	SB0280- 177 -LRB103 24970 AMQ 51304 b SB0280 - 177 - LRB103 24970 AMQ 51304 b
6281	6281	SB0280 - 177 - LRB103 24970 AMQ 51304 b
6282	6282	1 subsection (d) of Section 203 or a shareholder that
6283	6283	2 qualifies a Subchapter S corporation for a subtraction
6284	6284	3 under subparagraph (S) of paragraph (2) of subsection (b)
6285	6285	4 of Section 203 shall be allowed a credit under this
6286	6286	5 subsection (e) equal to its share of the credit earned
6287	6287	6 under this subsection (e) during the taxable year by the
6288	6288	7 partnership or Subchapter S corporation, determined in
6289	6289	8 accordance with the determination of income and
6290	6290	9 distributive share of income under Sections 702 and 704
6291	6291	10 and Subchapter S of the Internal Revenue Code. This
6292	6292	11 paragraph is exempt from the provisions of Section 250.
6293	6293	12 (f) Investment credit; Enterprise Zone; River Edge
6294	6294	13 Redevelopment Zone.
6295	6295	14 (1) A taxpayer shall be allowed a credit against the
6296	6296	15 tax imposed by subsections (a) and (b) of this Section for
6297	6297	16 investment in qualified property which is placed in
6298	6298	17 service in an Enterprise Zone created pursuant to the
6299	6299	18 Illinois Enterprise Zone Act or, for property placed in
6300	6300	19 service on or after July 1, 2006, a River Edge
6301	6301	20 Redevelopment Zone established pursuant to the River Edge
6302	6302	21 Redevelopment Zone Act. For partners, shareholders of
6303	6303	22 Subchapter S corporations, and owners of limited liability
6304	6304	23 companies, if the liability company is treated as a
6305	6305	24 partnership for purposes of federal and State income
6306	6306	25 taxation, there shall be allowed a credit under this
6307	6307	26 subsection (f) to be determined in accordance with the
6308	6308
6309	6309
6310	6310
6311	6311
6312	6312
6313	6313	SB0280 - 177 - LRB103 24970 AMQ 51304 b
6314	6314
6315	6315
6316	6316	SB0280- 178 -LRB103 24970 AMQ 51304 b SB0280 - 178 - LRB103 24970 AMQ 51304 b
6317	6317	SB0280 - 178 - LRB103 24970 AMQ 51304 b
6318	6318	1 determination of income and distributive share of income
6319	6319	2 under Sections 702 and 704 and Subchapter S of the
6320	6320	3 Internal Revenue Code. The credit shall be .5% of the
6321	6321	4 basis for such property. The credit shall be available
6322	6322	5 only in the taxable year in which the property is placed in
6323	6323	6 service in the Enterprise Zone or River Edge Redevelopment
6324	6324	7 Zone and shall not be allowed to the extent that it would
6325	6325	8 reduce a taxpayer's liability for the tax imposed by
6326	6326	9 subsections (a) and (b) of this Section to below zero. For
6327	6327	10 tax years ending on or after December 31, 1985, the credit
6328	6328	11 shall be allowed for the tax year in which the property is
6329	6329	12 placed in service, or, if the amount of the credit exceeds
6330	6330	13 the tax liability for that year, whether it exceeds the
6331	6331	14 original liability or the liability as later amended, such
6332	6332	15 excess may be carried forward and applied to the tax
6333	6333	16 liability of the 5 taxable years following the excess
6334	6334	17 credit year. The credit shall be applied to the earliest
6335	6335	18 year for which there is a liability. If there is credit
6336	6336	19 from more than one tax year that is available to offset a
6337	6337	20 liability, the credit accruing first in time shall be
6338	6338	21 applied first.
6339	6339	22 (2) The term qualified property means property which:
6340	6340	23 (A) is tangible, whether new or used, including
6341	6341	24 buildings and structural components of buildings;
6342	6342	25 (B) is depreciable pursuant to Section 167 of the
6343	6343	26 Internal Revenue Code, except that "3-year property"
6344	6344
6345	6345
6346	6346
6347	6347
6348	6348
6349	6349	SB0280 - 178 - LRB103 24970 AMQ 51304 b
6350	6350
6351	6351
6352	6352	SB0280- 179 -LRB103 24970 AMQ 51304 b SB0280 - 179 - LRB103 24970 AMQ 51304 b
6353	6353	SB0280 - 179 - LRB103 24970 AMQ 51304 b
6354	6354	1 as defined in Section 168(c)(2)(A) of that Code is not
6355	6355	2 eligible for the credit provided by this subsection
6356	6356	3 (f);
6357	6357	4 (C) is acquired by purchase as defined in Section
6358	6358	5 179(d) of the Internal Revenue Code;
6359	6359	6 (D) is used in the Enterprise Zone or River Edge
6360	6360	7 Redevelopment Zone by the taxpayer; and
6361	6361	8 (E) has not been previously used in Illinois in
6362	6362	9 such a manner and by such a person as would qualify for
6363	6363	10 the credit provided by this subsection (f) or
6364	6364	11 subsection (e).
6365	6365	12 (3) The basis of qualified property shall be the basis
6366	6366	13 used to compute the depreciation deduction for federal
6367	6367	14 income tax purposes.
6368	6368	15 (4) If the basis of the property for federal income
6369	6369	16 tax depreciation purposes is increased after it has been
6370	6370	17 placed in service in the Enterprise Zone or River Edge
6371	6371	18 Redevelopment Zone by the taxpayer, the amount of such
6372	6372	19 increase shall be deemed property placed in service on the
6373	6373	20 date of such increase in basis.
6374	6374	21 (5) The term "placed in service" shall have the same
6375	6375	22 meaning as under Section 46 of the Internal Revenue Code.
6376	6376	23 (6) If during any taxable year, any property ceases to
6377	6377	24 be qualified property in the hands of the taxpayer within
6378	6378	25 48 months after being placed in service, or the situs of
6379	6379	26 any qualified property is moved outside the Enterprise
6380	6380
6381	6381
6382	6382
6383	6383
6384	6384
6385	6385	SB0280 - 179 - LRB103 24970 AMQ 51304 b
6386	6386
6387	6387
6388	6388	SB0280- 180 -LRB103 24970 AMQ 51304 b SB0280 - 180 - LRB103 24970 AMQ 51304 b
6389	6389	SB0280 - 180 - LRB103 24970 AMQ 51304 b
6390	6390	1 Zone or River Edge Redevelopment Zone within 48 months
6391	6391	2 after being placed in service, the tax imposed under
6392	6392	3 subsections (a) and (b) of this Section for such taxable
6393	6393	4 year shall be increased. Such increase shall be determined
6394	6394	5 by (i) recomputing the investment credit which would have
6395	6395	6 been allowed for the year in which credit for such
6396	6396	7 property was originally allowed by eliminating such
6397	6397	8 property from such computation, and (ii) subtracting such
6398	6398	9 recomputed credit from the amount of credit previously
6399	6399	10 allowed. For the purposes of this paragraph (6), a
6400	6400	11 reduction of the basis of qualified property resulting
6401	6401	12 from a redetermination of the purchase price shall be
6402	6402	13 deemed a disposition of qualified property to the extent
6403	6403	14 of such reduction.
6404	6404	15 (7) There shall be allowed an additional credit equal
6405	6405	16 to 0.5% of the basis of qualified property placed in
6406	6406	17 service during the taxable year in a River Edge
6407	6407	18 Redevelopment Zone, provided such property is placed in
6408	6408	19 service on or after July 1, 2006, and the taxpayer's base
6409	6409	20 employment within Illinois has increased by 1% or more
6410	6410	21 over the preceding year as determined by the taxpayer's
6411	6411	22 employment records filed with the Illinois Department of
6412	6412	23 Employment Security. Taxpayers who are new to Illinois
6413	6413	24 shall be deemed to have met the 1% growth in base
6414	6414	25 employment for the first year in which they file
6415	6415	26 employment records with the Illinois Department of
6416	6416
6417	6417
6418	6418
6419	6419
6420	6420
6421	6421	SB0280 - 180 - LRB103 24970 AMQ 51304 b
6422	6422
6423	6423
6424	6424	SB0280- 181 -LRB103 24970 AMQ 51304 b SB0280 - 181 - LRB103 24970 AMQ 51304 b
6425	6425	SB0280 - 181 - LRB103 24970 AMQ 51304 b
6426	6426	1 Employment Security. If, in any year, the increase in base
6427	6427	2 employment within Illinois over the preceding year is less
6428	6428	3 than 1%, the additional credit shall be limited to that
6429	6429	4 percentage times a fraction, the numerator of which is
6430	6430	5 0.5% and the denominator of which is 1%, but shall not
6431	6431	6 exceed 0.5%.
6432	6432	7 (8) For taxable years beginning on or after January 1,
6433	6433	8 2021, there shall be allowed an Enterprise Zone
6434	6434	9 construction jobs credit against the taxes imposed under
6435	6435	10 subsections (a) and (b) of this Section as provided in
6436	6436	11 Section 13 of the Illinois Enterprise Zone Act.
6437	6437	12 The credit or credits may not reduce the taxpayer's
6438	6438	13 liability to less than zero. If the amount of the credit or
6439	6439	14 credits exceeds the taxpayer's liability, the excess may
6440	6440	15 be carried forward and applied against the taxpayer's
6441	6441	16 liability in succeeding calendar years in the same manner
6442	6442	17 provided under paragraph (4) of Section 211 of this Act.
6443	6443	18 The credit or credits shall be applied to the earliest
6444	6444	19 year for which there is a tax liability. If there are
6445	6445	20 credits from more than one taxable year that are available
6446	6446	21 to offset a liability, the earlier credit shall be applied
6447	6447	22 first.
6448	6448	23 For partners, shareholders of Subchapter S
6449	6449	24 corporations, and owners of limited liability companies,
6450	6450	25 if the liability company is treated as a partnership for
6451	6451	26 the purposes of federal and State income taxation, there
6452	6452
6453	6453
6454	6454
6455	6455
6456	6456
6457	6457	SB0280 - 181 - LRB103 24970 AMQ 51304 b
6458	6458
6459	6459
6460	6460	SB0280- 182 -LRB103 24970 AMQ 51304 b SB0280 - 182 - LRB103 24970 AMQ 51304 b
6461	6461	SB0280 - 182 - LRB103 24970 AMQ 51304 b
6462	6462	1 shall be allowed a credit under this Section to be
6463	6463	2 determined in accordance with the determination of income
6464	6464	3 and distributive share of income under Sections 702 and
6465	6465	4 704 and Subchapter S of the Internal Revenue Code.
6466	6466	5 The total aggregate amount of credits awarded under
6467	6467	6 the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
6468	6468	7 shall not exceed $20,000,000 in any State fiscal year.
6469	6469	8 This paragraph (8) is exempt from the provisions of
6470	6470	9 Section 250.
6471	6471	10 (g) (Blank).
6472	6472	11 (h) Investment credit; High Impact Business.
6473	6473	12 (1) Subject to subsections (b) and (b-5) of Section
6474	6474	13 5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
6475	6475	14 be allowed a credit against the tax imposed by subsections
6476	6476	15 (a) and (b) of this Section for investment in qualified
6477	6477	16 property which is placed in service by a Department of
6478	6478	17 Commerce and Economic Opportunity designated High Impact
6479	6479	18 Business. The credit shall be .5% of the basis for such
6480	6480	19 property. The credit shall not be available (i) until the
6481	6481	20 minimum investments in qualified property set forth in
6482	6482	21 subdivision (a)(3)(A) of Section 5.5 of the Illinois
6483	6483	22 Enterprise Zone Act have been satisfied or (ii) until the
6484	6484	23 time authorized in subsection (b-5) of the Illinois
6485	6485	24 Enterprise Zone Act for entities designated as High Impact
6486	6486	25 Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
6487	6487	26 (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
6488	6488
6489	6489
6490	6490
6491	6491
6492	6492
6493	6493	SB0280 - 182 - LRB103 24970 AMQ 51304 b
6494	6494
6495	6495
6496	6496	SB0280- 183 -LRB103 24970 AMQ 51304 b SB0280 - 183 - LRB103 24970 AMQ 51304 b
6497	6497	SB0280 - 183 - LRB103 24970 AMQ 51304 b
6498	6498	1 Act, and shall not be allowed to the extent that it would
6499	6499	2 reduce a taxpayer's liability for the tax imposed by
6500	6500	3 subsections (a) and (b) of this Section to below zero. The
6501	6501	4 credit applicable to such investments shall be taken in
6502	6502	5 the taxable year in which such investments have been
6503	6503	6 completed. The credit for additional investments beyond
6504	6504	7 the minimum investment by a designated high impact
6505	6505	8 business authorized under subdivision (a)(3)(A) of Section
6506	6506	9 5.5 of the Illinois Enterprise Zone Act shall be available
6507	6507	10 only in the taxable year in which the property is placed in
6508	6508	11 service and shall not be allowed to the extent that it
6509	6509	12 would reduce a taxpayer's liability for the tax imposed by
6510	6510	13 subsections (a) and (b) of this Section to below zero. For
6511	6511	14 tax years ending on or after December 31, 1987, the credit
6512	6512	15 shall be allowed for the tax year in which the property is
6513	6513	16 placed in service, or, if the amount of the credit exceeds
6514	6514	17 the tax liability for that year, whether it exceeds the
6515	6515	18 original liability or the liability as later amended, such
6516	6516	19 excess may be carried forward and applied to the tax
6517	6517	20 liability of the 5 taxable years following the excess
6518	6518	21 credit year. The credit shall be applied to the earliest
6519	6519	22 year for which there is a liability. If there is credit
6520	6520	23 from more than one tax year that is available to offset a
6521	6521	24 liability, the credit accruing first in time shall be
6522	6522	25 applied first.
6523	6523	26 Changes made in this subdivision (h)(1) by Public Act
6524	6524
6525	6525
6526	6526
6527	6527
6528	6528
6529	6529	SB0280 - 183 - LRB103 24970 AMQ 51304 b
6530	6530
6531	6531
6532	6532	SB0280- 184 -LRB103 24970 AMQ 51304 b SB0280 - 184 - LRB103 24970 AMQ 51304 b
6533	6533	SB0280 - 184 - LRB103 24970 AMQ 51304 b
6534	6534	1 88-670 restore changes made by Public Act 85-1182 and
6535	6535	2 reflect existing law.
6536	6536	3 (2) The term qualified property means property which:
6537	6537	4 (A) is tangible, whether new or used, including
6538	6538	5 buildings and structural components of buildings;
6539	6539	6 (B) is depreciable pursuant to Section 167 of the
6540	6540	7 Internal Revenue Code, except that "3-year property"
6541	6541	8 as defined in Section 168(c)(2)(A) of that Code is not
6542	6542	9 eligible for the credit provided by this subsection
6543	6543	10 (h);
6544	6544	11 (C) is acquired by purchase as defined in Section
6545	6545	12 179(d) of the Internal Revenue Code; and
6546	6546	13 (D) is not eligible for the Enterprise Zone
6547	6547	14 Investment Credit provided by subsection (f) of this
6548	6548	15 Section.
6549	6549	16 (3) The basis of qualified property shall be the basis
6550	6550	17 used to compute the depreciation deduction for federal
6551	6551	18 income tax purposes.
6552	6552	19 (4) If the basis of the property for federal income
6553	6553	20 tax depreciation purposes is increased after it has been
6554	6554	21 placed in service in a federally designated Foreign Trade
6555	6555	22 Zone or Sub-Zone located in Illinois by the taxpayer, the
6556	6556	23 amount of such increase shall be deemed property placed in
6557	6557	24 service on the date of such increase in basis.
6558	6558	25 (5) The term "placed in service" shall have the same
6559	6559	26 meaning as under Section 46 of the Internal Revenue Code.
6560	6560
6561	6561
6562	6562
6563	6563
6564	6564
6565	6565	SB0280 - 184 - LRB103 24970 AMQ 51304 b
6566	6566
6567	6567
6568	6568	SB0280- 185 -LRB103 24970 AMQ 51304 b SB0280 - 185 - LRB103 24970 AMQ 51304 b
6569	6569	SB0280 - 185 - LRB103 24970 AMQ 51304 b
6570	6570	1 (6) If during any taxable year ending on or before
6571	6571	2 December 31, 1996, any property ceases to be qualified
6572	6572	3 property in the hands of the taxpayer within 48 months
6573	6573	4 after being placed in service, or the situs of any
6574	6574	5 qualified property is moved outside Illinois within 48
6575	6575	6 months after being placed in service, the tax imposed
6576	6576	7 under subsections (a) and (b) of this Section for such
6577	6577	8 taxable year shall be increased. Such increase shall be
6578	6578	9 determined by (i) recomputing the investment credit which
6579	6579	10 would have been allowed for the year in which credit for
6580	6580	11 such property was originally allowed by eliminating such
6581	6581	12 property from such computation, and (ii) subtracting such
6582	6582	13 recomputed credit from the amount of credit previously
6583	6583	14 allowed. For the purposes of this paragraph (6), a
6584	6584	15 reduction of the basis of qualified property resulting
6585	6585	16 from a redetermination of the purchase price shall be
6586	6586	17 deemed a disposition of qualified property to the extent
6587	6587	18 of such reduction.
6588	6588	19 (7) Beginning with tax years ending after December 31,
6589	6589	20 1996, if a taxpayer qualifies for the credit under this
6590	6590	21 subsection (h) and thereby is granted a tax abatement and
6591	6591	22 the taxpayer relocates its entire facility in violation of
6592	6592	23 the explicit terms and length of the contract under
6593	6593	24 Section 18-183 of the Property Tax Code, the tax imposed
6594	6594	25 under subsections (a) and (b) of this Section shall be
6595	6595	26 increased for the taxable year in which the taxpayer
6596	6596
6597	6597
6598	6598
6599	6599
6600	6600
6601	6601	SB0280 - 185 - LRB103 24970 AMQ 51304 b
6602	6602
6603	6603
6604	6604	SB0280- 186 -LRB103 24970 AMQ 51304 b SB0280 - 186 - LRB103 24970 AMQ 51304 b
6605	6605	SB0280 - 186 - LRB103 24970 AMQ 51304 b
6606	6606	1 relocated its facility by an amount equal to the amount of
6607	6607	2 credit received by the taxpayer under this subsection (h).
6608	6608	3 (h-5) High Impact Business construction jobs credit. For
6609	6609	4 taxable years beginning on or after January 1, 2021, there
6610	6610	5 shall also be allowed a High Impact Business construction jobs
6611	6611	6 credit against the tax imposed under subsections (a) and (b)
6612	6612	7 of this Section as provided in subsections (i) and (j) of
6613	6613	8 Section 5.5 of the Illinois Enterprise Zone Act.
6614	6614	9 The credit or credits may not reduce the taxpayer's
6615	6615	10 liability to less than zero. If the amount of the credit or
6616	6616	11 credits exceeds the taxpayer's liability, the excess may be
6617	6617	12 carried forward and applied against the taxpayer's liability
6618	6618	13 in succeeding calendar years in the manner provided under
6619	6619	14 paragraph (4) of Section 211 of this Act. The credit or credits
6620	6620	15 shall be applied to the earliest year for which there is a tax
6621	6621	16 liability. If there are credits from more than one taxable
6622	6622	17 year that are available to offset a liability, the earlier
6623	6623	18 credit shall be applied first.
6624	6624	19 For partners, shareholders of Subchapter S corporations,
6625	6625	20 and owners of limited liability companies, if the liability
6626	6626	21 company is treated as a partnership for the purposes of
6627	6627	22 federal and State income taxation, there shall be allowed a
6628	6628	23 credit under this Section to be determined in accordance with
6629	6629	24 the determination of income and distributive share of income
6630	6630	25 under Sections 702 and 704 and Subchapter S of the Internal
6631	6631	26 Revenue Code.
6632	6632
6633	6633
6634	6634
6635	6635
6636	6636
6637	6637	SB0280 - 186 - LRB103 24970 AMQ 51304 b
6638	6638
6639	6639
6640	6640	SB0280- 187 -LRB103 24970 AMQ 51304 b SB0280 - 187 - LRB103 24970 AMQ 51304 b
6641	6641	SB0280 - 187 - LRB103 24970 AMQ 51304 b
6642	6642	1 The total aggregate amount of credits awarded under the
6643	6643	2 Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not
6644	6644	3 exceed $20,000,000 in any State fiscal year.
6645	6645	4 This subsection (h-5) is exempt from the provisions of
6646	6646	5 Section 250.
6647	6647	6 (i) Credit for Personal Property Tax Replacement Income
6648	6648	7 Tax. For tax years ending prior to December 31, 2003, a credit
6649	6649	8 shall be allowed against the tax imposed by subsections (a)
6650	6650	9 and (b) of this Section for the tax imposed by subsections (c)
6651	6651	10 and (d) of this Section. This credit shall be computed by
6652	6652	11 multiplying the tax imposed by subsections (c) and (d) of this
6653	6653	12 Section by a fraction, the numerator of which is base income
6654	6654	13 allocable to Illinois and the denominator of which is Illinois
6655	6655	14 base income, and further multiplying the product by the tax
6656	6656	15 rate imposed by subsections (a) and (b) of this Section.
6657	6657	16 Any credit earned on or after December 31, 1986 under this
6658	6658	17 subsection which is unused in the year the credit is computed
6659	6659	18 because it exceeds the tax liability imposed by subsections
6660	6660	19 (a) and (b) for that year (whether it exceeds the original
6661	6661	20 liability or the liability as later amended) may be carried
6662	6662	21 forward and applied to the tax liability imposed by
6663	6663	22 subsections (a) and (b) of the 5 taxable years following the
6664	6664	23 excess credit year, provided that no credit may be carried
6665	6665	24 forward to any year ending on or after December 31, 2003. This
6666	6666	25 credit shall be applied first to the earliest year for which
6667	6667	26 there is a liability. If there is a credit under this
6668	6668
6669	6669
6670	6670
6671	6671
6672	6672
6673	6673	SB0280 - 187 - LRB103 24970 AMQ 51304 b
6674	6674
6675	6675
6676	6676	SB0280- 188 -LRB103 24970 AMQ 51304 b SB0280 - 188 - LRB103 24970 AMQ 51304 b
6677	6677	SB0280 - 188 - LRB103 24970 AMQ 51304 b
6678	6678	1 subsection from more than one tax year that is available to
6679	6679	2 offset a liability the earliest credit arising under this
6680	6680	3 subsection shall be applied first.
6681	6681	4 If, during any taxable year ending on or after December
6682	6682	5 31, 1986, the tax imposed by subsections (c) and (d) of this
6683	6683	6 Section for which a taxpayer has claimed a credit under this
6684	6684	7 subsection (i) is reduced, the amount of credit for such tax
6685	6685	8 shall also be reduced. Such reduction shall be determined by
6686	6686	9 recomputing the credit to take into account the reduced tax
6687	6687	10 imposed by subsections (c) and (d). If any portion of the
6688	6688	11 reduced amount of credit has been carried to a different
6689	6689	12 taxable year, an amended return shall be filed for such
6690	6690	13 taxable year to reduce the amount of credit claimed.
6691	6691	14 (j) Training expense credit. Beginning with tax years
6692	6692	15 ending on or after December 31, 1986 and prior to December 31,
6693	6693	16 2003, a taxpayer shall be allowed a credit against the tax
6694	6694	17 imposed by subsections (a) and (b) under this Section for all
6695	6695	18 amounts paid or accrued, on behalf of all persons employed by
6696	6696	19 the taxpayer in Illinois or Illinois residents employed
6697	6697	20 outside of Illinois by a taxpayer, for educational or
6698	6698	21 vocational training in semi-technical or technical fields or
6699	6699	22 semi-skilled or skilled fields, which were deducted from gross
6700	6700	23 income in the computation of taxable income. The credit
6701	6701	24 against the tax imposed by subsections (a) and (b) shall be
6702	6702	25 1.6% of such training expenses. For partners, shareholders of
6703	6703	26 subchapter S corporations, and owners of limited liability
6704	6704
6705	6705
6706	6706
6707	6707
6708	6708
6709	6709	SB0280 - 188 - LRB103 24970 AMQ 51304 b
6710	6710
6711	6711
6712	6712	SB0280- 189 -LRB103 24970 AMQ 51304 b SB0280 - 189 - LRB103 24970 AMQ 51304 b
6713	6713	SB0280 - 189 - LRB103 24970 AMQ 51304 b
6714	6714	1 companies, if the liability company is treated as a
6715	6715	2 partnership for purposes of federal and State income taxation,
6716	6716	3 there shall be allowed a credit under this subsection (j) to be
6717	6717	4 determined in accordance with the determination of income and
6718	6718	5 distributive share of income under Sections 702 and 704 and
6719	6719	6 subchapter S of the Internal Revenue Code.
6720	6720	7 Any credit allowed under this subsection which is unused
6721	6721	8 in the year the credit is earned may be carried forward to each
6722	6722	9 of the 5 taxable years following the year for which the credit
6723	6723	10 is first computed until it is used. This credit shall be
6724	6724	11 applied first to the earliest year for which there is a
6725	6725	12 liability. If there is a credit under this subsection from
6726	6726	13 more than one tax year that is available to offset a liability,
6727	6727	14 the earliest credit arising under this subsection shall be
6728	6728	15 applied first. No carryforward credit may be claimed in any
6729	6729	16 tax year ending on or after December 31, 2003.
6730	6730	17 (k) Research and development credit. For tax years ending
6731	6731	18 after July 1, 1990 and prior to December 31, 2003, and
6732	6732	19 beginning again for tax years ending on or after December 31,
6733	6733	20 2004, and ending prior to January 1, 2027, a taxpayer shall be
6734	6734	21 allowed a credit against the tax imposed by subsections (a)
6735	6735	22 and (b) of this Section for increasing research activities in
6736	6736	23 this State. The credit allowed against the tax imposed by
6737	6737	24 subsections (a) and (b) shall be equal to 6 1/2% of the
6738	6738	25 qualifying expenditures for increasing research activities in
6739	6739	26 this State. For partners, shareholders of subchapter S
6740	6740
6741	6741
6742	6742
6743	6743
6744	6744
6745	6745	SB0280 - 189 - LRB103 24970 AMQ 51304 b
6746	6746
6747	6747
6748	6748	SB0280- 190 -LRB103 24970 AMQ 51304 b SB0280 - 190 - LRB103 24970 AMQ 51304 b
6749	6749	SB0280 - 190 - LRB103 24970 AMQ 51304 b
6750	6750	1 corporations, and owners of limited liability companies, if
6751	6751	2 the liability company is treated as a partnership for purposes
6752	6752	3 of federal and State income taxation, there shall be allowed a
6753	6753	4 credit under this subsection to be determined in accordance
6754	6754	5 with the determination of income and distributive share of
6755	6755	6 income under Sections 702 and 704 and subchapter S of the
6756	6756	7 Internal Revenue Code.
6757	6757	8 For purposes of this subsection, "qualifying expenditures"
6758	6758	9 means the qualifying expenditures as defined for the federal
6759	6759	10 credit for increasing research activities which would be
6760	6760	11 allowable under Section 41 of the Internal Revenue Code and
6761	6761	12 which are conducted in this State, "qualifying expenditures
6762	6762	13 for increasing research activities in this State" means the
6763	6763	14 excess of qualifying expenditures for the taxable year in
6764	6764	15 which incurred over qualifying expenditures for the base
6765	6765	16 period, "qualifying expenditures for the base period" means
6766	6766	17 the average of the qualifying expenditures for each year in
6767	6767	18 the base period, and "base period" means the 3 taxable years
6768	6768	19 immediately preceding the taxable year for which the
6769	6769	20 determination is being made.
6770	6770	21 Any credit in excess of the tax liability for the taxable
6771	6771	22 year may be carried forward. A taxpayer may elect to have the
6772	6772	23 unused credit shown on its final completed return carried over
6773	6773	24 as a credit against the tax liability for the following 5
6774	6774	25 taxable years or until it has been fully used, whichever
6775	6775	26 occurs first; provided that no credit earned in a tax year
6776	6776
6777	6777
6778	6778
6779	6779
6780	6780
6781	6781	SB0280 - 190 - LRB103 24970 AMQ 51304 b
6782	6782
6783	6783
6784	6784	SB0280- 191 -LRB103 24970 AMQ 51304 b SB0280 - 191 - LRB103 24970 AMQ 51304 b
6785	6785	SB0280 - 191 - LRB103 24970 AMQ 51304 b
6786	6786	1 ending prior to December 31, 2003 may be carried forward to any
6787	6787	2 year ending on or after December 31, 2003.
6788	6788	3 If an unused credit is carried forward to a given year from
6789	6789	4 2 or more earlier years, that credit arising in the earliest
6790	6790	5 year will be applied first against the tax liability for the
6791	6791	6 given year. If a tax liability for the given year still
6792	6792	7 remains, the credit from the next earliest year will then be
6793	6793	8 applied, and so on, until all credits have been used or no tax
6794	6794	9 liability for the given year remains. Any remaining unused
6795	6795	10 credit or credits then will be carried forward to the next
6796	6796	11 following year in which a tax liability is incurred, except
6797	6797	12 that no credit can be carried forward to a year which is more
6798	6798	13 than 5 years after the year in which the expense for which the
6799	6799	14 credit is given was incurred.
6800	6800	15 No inference shall be drawn from Public Act 91-644 in
6801	6801	16 construing this Section for taxable years beginning before
6802	6802	17 January 1, 1999.
6803	6803	18 It is the intent of the General Assembly that the research
6804	6804	19 and development credit under this subsection (k) shall apply
6805	6805	20 continuously for all tax years ending on or after December 31,
6806	6806	21 2004 and ending prior to January 1, 2027, including, but not
6807	6807	22 limited to, the period beginning on January 1, 2016 and ending
6808	6808	23 on July 6, 2017 (the effective date of Public Act 100-22). All
6809	6809	24 actions taken in reliance on the continuation of the credit
6810	6810	25 under this subsection (k) by any taxpayer are hereby
6811	6811	26 validated.
6812	6812
6813	6813
6814	6814
6815	6815
6816	6816
6817	6817	SB0280 - 191 - LRB103 24970 AMQ 51304 b
6818	6818
6819	6819
6820	6820	SB0280- 192 -LRB103 24970 AMQ 51304 b SB0280 - 192 - LRB103 24970 AMQ 51304 b
6821	6821	SB0280 - 192 - LRB103 24970 AMQ 51304 b
6822	6822	1 (l) Environmental Remediation Tax Credit.
6823	6823	2 (i) For tax years ending after December 31, 1997 and
6824	6824	3 on or before December 31, 2001, a taxpayer shall be
6825	6825	4 allowed a credit against the tax imposed by subsections
6826	6826	5 (a) and (b) of this Section for certain amounts paid for
6827	6827	6 unreimbursed eligible remediation costs, as specified in
6828	6828	7 this subsection. For purposes of this Section,
6829	6829	8 "unreimbursed eligible remediation costs" means costs
6830	6830	9 approved by the Illinois Environmental Protection Agency
6831	6831	10 ("Agency") under Section 58.14 of the Environmental
6832	6832	11 Protection Act that were paid in performing environmental
6833	6833	12 remediation at a site for which a No Further Remediation
6834	6834	13 Letter was issued by the Agency and recorded under Section
6835	6835	14 58.10 of the Environmental Protection Act. The credit must
6836	6836	15 be claimed for the taxable year in which Agency approval
6837	6837	16 of the eligible remediation costs is granted. The credit
6838	6838	17 is not available to any taxpayer if the taxpayer or any
6839	6839	18 related party caused or contributed to, in any material
6840	6840	19 respect, a release of regulated substances on, in, or
6841	6841	20 under the site that was identified and addressed by the
6842	6842	21 remedial action pursuant to the Site Remediation Program
6843	6843	22 of the Environmental Protection Act. After the Pollution
6844	6844	23 Control Board rules are adopted pursuant to the Illinois
6845	6845	24 Administrative Procedure Act for the administration and
6846	6846	25 enforcement of Section 58.9 of the Environmental
6847	6847	26 Protection Act, determinations as to credit availability
6848	6848
6849	6849
6850	6850
6851	6851
6852	6852
6853	6853	SB0280 - 192 - LRB103 24970 AMQ 51304 b
6854	6854
6855	6855
6856	6856	SB0280- 193 -LRB103 24970 AMQ 51304 b SB0280 - 193 - LRB103 24970 AMQ 51304 b
6857	6857	SB0280 - 193 - LRB103 24970 AMQ 51304 b
6858	6858	1 for purposes of this Section shall be made consistent with
6859	6859	2 those rules. For purposes of this Section, "taxpayer"
6860	6860	3 includes a person whose tax attributes the taxpayer has
6861	6861	4 succeeded to under Section 381 of the Internal Revenue
6862	6862	5 Code and "related party" includes the persons disallowed a
6863	6863	6 deduction for losses by paragraphs (b), (c), and (f)(1) of
6864	6864	7 Section 267 of the Internal Revenue Code by virtue of
6865	6865	8 being a related taxpayer, as well as any of its partners.
6866	6866	9 The credit allowed against the tax imposed by subsections
6867	6867	10 (a) and (b) shall be equal to 25% of the unreimbursed
6868	6868	11 eligible remediation costs in excess of $100,000 per site,
6869	6869	12 except that the $100,000 threshold shall not apply to any
6870	6870	13 site contained in an enterprise zone as determined by the
6871	6871	14 Department of Commerce and Community Affairs (now
6872	6872	15 Department of Commerce and Economic Opportunity). The
6873	6873	16 total credit allowed shall not exceed $40,000 per year
6874	6874	17 with a maximum total of $150,000 per site. For partners
6875	6875	18 and shareholders of subchapter S corporations, there shall
6876	6876	19 be allowed a credit under this subsection to be determined
6877	6877	20 in accordance with the determination of income and
6878	6878	21 distributive share of income under Sections 702 and 704
6879	6879	22 and subchapter S of the Internal Revenue Code.
6880	6880	23 (ii) A credit allowed under this subsection that is
6881	6881	24 unused in the year the credit is earned may be carried
6882	6882	25 forward to each of the 5 taxable years following the year
6883	6883	26 for which the credit is first earned until it is used. The
6884	6884
6885	6885
6886	6886
6887	6887
6888	6888
6889	6889	SB0280 - 193 - LRB103 24970 AMQ 51304 b
6890	6890
6891	6891
6892	6892	SB0280- 194 -LRB103 24970 AMQ 51304 b SB0280 - 194 - LRB103 24970 AMQ 51304 b
6893	6893	SB0280 - 194 - LRB103 24970 AMQ 51304 b
6894	6894	1 term "unused credit" does not include any amounts of
6895	6895	2 unreimbursed eligible remediation costs in excess of the
6896	6896	3 maximum credit per site authorized under paragraph (i).
6897	6897	4 This credit shall be applied first to the earliest year
6898	6898	5 for which there is a liability. If there is a credit under
6899	6899	6 this subsection from more than one tax year that is
6900	6900	7 available to offset a liability, the earliest credit
6901	6901	8 arising under this subsection shall be applied first. A
6902	6902	9 credit allowed under this subsection may be sold to a
6903	6903	10 buyer as part of a sale of all or part of the remediation
6904	6904	11 site for which the credit was granted. The purchaser of a
6905	6905	12 remediation site and the tax credit shall succeed to the
6906	6906	13 unused credit and remaining carry-forward period of the
6907	6907	14 seller. To perfect the transfer, the assignor shall record
6908	6908	15 the transfer in the chain of title for the site and provide
6909	6909	16 written notice to the Director of the Illinois Department
6910	6910	17 of Revenue of the assignor's intent to sell the
6911	6911	18 remediation site and the amount of the tax credit to be
6912	6912	19 transferred as a portion of the sale. In no event may a
6913	6913	20 credit be transferred to any taxpayer if the taxpayer or a
6914	6914	21 related party would not be eligible under the provisions
6915	6915	22 of subsection (i).
6916	6916	23 (iii) For purposes of this Section, the term "site"
6917	6917	24 shall have the same meaning as under Section 58.2 of the
6918	6918	25 Environmental Protection Act.
6919	6919	26 (m) Education expense credit. Beginning with tax years
6920	6920
6921	6921
6922	6922
6923	6923
6924	6924
6925	6925	SB0280 - 194 - LRB103 24970 AMQ 51304 b
6926	6926
6927	6927
6928	6928	SB0280- 195 -LRB103 24970 AMQ 51304 b SB0280 - 195 - LRB103 24970 AMQ 51304 b
6929	6929	SB0280 - 195 - LRB103 24970 AMQ 51304 b
6930	6930	1 ending after December 31, 1999, a taxpayer who is the
6931	6931	2 custodian of one or more qualifying pupils shall be allowed a
6932	6932	3 credit against the tax imposed by subsections (a) and (b) of
6933	6933	4 this Section for qualified education expenses incurred on
6934	6934	5 behalf of the qualifying pupils. The credit shall be equal to
6935	6935	6 25% of qualified education expenses, but in no event may the
6936	6936	7 total credit under this subsection claimed by a family that is
6937	6937	8 the custodian of qualifying pupils exceed (i) $500 for tax
6938	6938	9 years ending prior to December 31, 2017, and (ii) $750 for tax
6939	6939	10 years ending on or after December 31, 2017. In no event shall a
6940	6940	11 credit under this subsection reduce the taxpayer's liability
6941	6941	12 under this Act to less than zero. Notwithstanding any other
6942	6942	13 provision of law, for taxable years beginning on or after
6943	6943	14 January 1, 2017, no taxpayer may claim a credit under this
6944	6944	15 subsection (m) if the taxpayer's adjusted gross income for the
6945	6945	16 taxable year exceeds (i) $500,000, in the case of spouses
6946	6946	17 filing a joint federal tax return or (ii) $250,000, in the case
6947	6947	18 of all other taxpayers. This subsection is exempt from the
6948	6948	19 provisions of Section 250 of this Act.
6949	6949	20 For purposes of this subsection:
6950	6950	21 "Qualifying pupils" means individuals who (i) are
6951	6951	22 residents of the State of Illinois, (ii) are under the age of
6952	6952	23 21 at the close of the school year for which a credit is
6953	6953	24 sought, and (iii) during the school year for which a credit is
6954	6954	25 sought were full-time pupils enrolled in a kindergarten
6955	6955	26 through twelfth grade education program at any school, as
6956	6956
6957	6957
6958	6958
6959	6959
6960	6960
6961	6961	SB0280 - 195 - LRB103 24970 AMQ 51304 b
6962	6962
6963	6963
6964	6964	SB0280- 196 -LRB103 24970 AMQ 51304 b SB0280 - 196 - LRB103 24970 AMQ 51304 b
6965	6965	SB0280 - 196 - LRB103 24970 AMQ 51304 b
6966	6966	1 defined in this subsection.
6967	6967	2 "Qualified education expense" means the amount incurred on
6968	6968	3 behalf of a qualifying pupil in excess of $250 for tuition,
6969	6969	4 book fees, and lab fees at the school in which the pupil is
6970	6970	5 enrolled during the regular school year.
6971	6971	6 "School" means any public or nonpublic elementary or
6972	6972	7 secondary school in Illinois that is in compliance with Title
6973	6973	8 VI of the Civil Rights Act of 1964 and attendance at which
6974	6974	9 satisfies the requirements of Section 26-1 of the School Code,
6975	6975	10 except that nothing shall be construed to require a child to
6976	6976	11 attend any particular public or nonpublic school to qualify
6977	6977	12 for the credit under this Section.
6978	6978	13 "Custodian" means, with respect to qualifying pupils, an
6979	6979	14 Illinois resident who is a parent, the parents, a legal
6980	6980	15 guardian, or the legal guardians of the qualifying pupils.
6981	6981	16 (n) River Edge Redevelopment Zone site remediation tax
6982	6982	17 credit.
6983	6983	18 (i) For tax years ending on or after December 31,
6984	6984	19 2006, a taxpayer shall be allowed a credit against the tax
6985	6985	20 imposed by subsections (a) and (b) of this Section for
6986	6986	21 certain amounts paid for unreimbursed eligible remediation
6987	6987	22 costs, as specified in this subsection. For purposes of
6988	6988	23 this Section, "unreimbursed eligible remediation costs"
6989	6989	24 means costs approved by the Illinois Environmental
6990	6990	25 Protection Agency ("Agency") under Section 58.14a of the
6991	6991	26 Environmental Protection Act that were paid in performing
6992	6992
6993	6993
6994	6994
6995	6995
6996	6996
6997	6997	SB0280 - 196 - LRB103 24970 AMQ 51304 b
6998	6998
6999	6999
7000	7000	SB0280- 197 -LRB103 24970 AMQ 51304 b SB0280 - 197 - LRB103 24970 AMQ 51304 b
7001	7001	SB0280 - 197 - LRB103 24970 AMQ 51304 b
7002	7002	1 environmental remediation at a site within a River Edge
7003	7003	2 Redevelopment Zone for which a No Further Remediation
7004	7004	3 Letter was issued by the Agency and recorded under Section
7005	7005	4 58.10 of the Environmental Protection Act. The credit must
7006	7006	5 be claimed for the taxable year in which Agency approval
7007	7007	6 of the eligible remediation costs is granted. The credit
7008	7008	7 is not available to any taxpayer if the taxpayer or any
7009	7009	8 related party caused or contributed to, in any material
7010	7010	9 respect, a release of regulated substances on, in, or
7011	7011	10 under the site that was identified and addressed by the
7012	7012	11 remedial action pursuant to the Site Remediation Program
7013	7013	12 of the Environmental Protection Act. Determinations as to
7014	7014	13 credit availability for purposes of this Section shall be
7015	7015	14 made consistent with rules adopted by the Pollution
7016	7016	15 Control Board pursuant to the Illinois Administrative
7017	7017	16 Procedure Act for the administration and enforcement of
7018	7018	17 Section 58.9 of the Environmental Protection Act. For
7019	7019	18 purposes of this Section, "taxpayer" includes a person
7020	7020	19 whose tax attributes the taxpayer has succeeded to under
7021	7021	20 Section 381 of the Internal Revenue Code and "related
7022	7022	21 party" includes the persons disallowed a deduction for
7023	7023	22 losses by paragraphs (b), (c), and (f)(1) of Section 267
7024	7024	23 of the Internal Revenue Code by virtue of being a related
7025	7025	24 taxpayer, as well as any of its partners. The credit
7026	7026	25 allowed against the tax imposed by subsections (a) and (b)
7027	7027	26 shall be equal to 25% of the unreimbursed eligible
7028	7028
7029	7029
7030	7030
7031	7031
7032	7032
7033	7033	SB0280 - 197 - LRB103 24970 AMQ 51304 b
7034	7034
7035	7035
7036	7036	SB0280- 198 -LRB103 24970 AMQ 51304 b SB0280 - 198 - LRB103 24970 AMQ 51304 b
7037	7037	SB0280 - 198 - LRB103 24970 AMQ 51304 b
7038	7038	1 remediation costs in excess of $100,000 per site.
7039	7039	2 (ii) A credit allowed under this subsection that is
7040	7040	3 unused in the year the credit is earned may be carried
7041	7041	4 forward to each of the 5 taxable years following the year
7042	7042	5 for which the credit is first earned until it is used. This
7043	7043	6 credit shall be applied first to the earliest year for
7044	7044	7 which there is a liability. If there is a credit under this
7045	7045	8 subsection from more than one tax year that is available
7046	7046	9 to offset a liability, the earliest credit arising under
7047	7047	10 this subsection shall be applied first. A credit allowed
7048	7048	11 under this subsection may be sold to a buyer as part of a
7049	7049	12 sale of all or part of the remediation site for which the
7050	7050	13 credit was granted. The purchaser of a remediation site
7051	7051	14 and the tax credit shall succeed to the unused credit and
7052	7052	15 remaining carry-forward period of the seller. To perfect
7053	7053	16 the transfer, the assignor shall record the transfer in
7054	7054	17 the chain of title for the site and provide written notice
7055	7055	18 to the Director of the Illinois Department of Revenue of
7056	7056	19 the assignor's intent to sell the remediation site and the
7057	7057	20 amount of the tax credit to be transferred as a portion of
7058	7058	21 the sale. In no event may a credit be transferred to any
7059	7059	22 taxpayer if the taxpayer or a related party would not be
7060	7060	23 eligible under the provisions of subsection (i).
7061	7061	24 (iii) For purposes of this Section, the term "site"
7062	7062	25 shall have the same meaning as under Section 58.2 of the
7063	7063	26 Environmental Protection Act.
7064	7064
7065	7065
7066	7066
7067	7067
7068	7068
7069	7069	SB0280 - 198 - LRB103 24970 AMQ 51304 b
7070	7070
7071	7071
7072	7072	SB0280- 199 -LRB103 24970 AMQ 51304 b SB0280 - 199 - LRB103 24970 AMQ 51304 b
7073	7073	SB0280 - 199 - LRB103 24970 AMQ 51304 b
7074	7074	1 (o) For each of taxable years during the Compassionate Use
7075	7075	2 of Medical Cannabis Program, a surcharge is imposed on all
7076	7076	3 taxpayers on income arising from the sale or exchange of
7077	7077	4 capital assets, depreciable business property, real property
7078	7078	5 used in the trade or business, and Section 197 intangibles of
7079	7079	6 an organization registrant under the Compassionate Use of
7080	7080	7 Medical Cannabis Program Act. The amount of the surcharge is
7081	7081	8 equal to the amount of federal income tax liability for the
7082	7082	9 taxable year attributable to those sales and exchanges. The
7083	7083	10 surcharge imposed does not apply if:
7084	7084	11 (1) the medical cannabis cultivation center
7085	7085	12 registration, medical cannabis dispensary registration, or
7086	7086	13 the property of a registration is transferred as a result
7087	7087	14 of any of the following:
7088	7088	15 (A) bankruptcy, a receivership, or a debt
7089	7089	16 adjustment initiated by or against the initial
7090	7090	17 registration or the substantial owners of the initial
7091	7091	18 registration;
7092	7092	19 (B) cancellation, revocation, or termination of
7093	7093	20 any registration by the Illinois Department of Public
7094	7094	21 Health;
7095	7095	22 (C) a determination by the Illinois Department of
7096	7096	23 Public Health that transfer of the registration is in
7097	7097	24 the best interests of Illinois qualifying patients as
7098	7098	25 defined by the Compassionate Use of Medical Cannabis
7099	7099	26 Program Act;
7100	7100
7101	7101
7102	7102
7103	7103
7104	7104
7105	7105	SB0280 - 199 - LRB103 24970 AMQ 51304 b
7106	7106
7107	7107
7108	7108	SB0280- 200 -LRB103 24970 AMQ 51304 b SB0280 - 200 - LRB103 24970 AMQ 51304 b
7109	7109	SB0280 - 200 - LRB103 24970 AMQ 51304 b
7110	7110	1 (D) the death of an owner of the equity interest in
7111	7111	2 a registrant;
7112	7112	3 (E) the acquisition of a controlling interest in
7113	7113	4 the stock or substantially all of the assets of a
7114	7114	5 publicly traded company;
7115	7115	6 (F) a transfer by a parent company to a wholly
7116	7116	7 owned subsidiary; or
7117	7117	8 (G) the transfer or sale to or by one person to
7118	7118	9 another person where both persons were initial owners
7119	7119	10 of the registration when the registration was issued;
7120	7120	11 or
7121	7121	12 (2) the cannabis cultivation center registration,
7122	7122	13 medical cannabis dispensary registration, or the
7123	7123	14 controlling interest in a registrant's property is
7124	7124	15 transferred in a transaction to lineal descendants in
7125	7125	16 which no gain or loss is recognized or as a result of a
7126	7126	17 transaction in accordance with Section 351 of the Internal
7127	7127	18 Revenue Code in which no gain or loss is recognized.
7128	7128	19 (p) Pass-through entity tax.
7129	7129	20 (1) For taxable years ending on or after December 31,
7130	7130	21 2021 and beginning prior to January 1, 2026, a partnership
7131	7131	22 (other than a publicly traded partnership under Section
7132	7132	23 7704 of the Internal Revenue Code) or Subchapter S
7133	7133	24 corporation may elect to apply the provisions of this
7134	7134	25 subsection. A separate election shall be made for each
7135	7135	26 taxable year. Such election shall be made at such time,
7136	7136
7137	7137
7138	7138
7139	7139
7140	7140
7141	7141	SB0280 - 200 - LRB103 24970 AMQ 51304 b
7142	7142
7143	7143
7144	7144	SB0280- 201 -LRB103 24970 AMQ 51304 b SB0280 - 201 - LRB103 24970 AMQ 51304 b
7145	7145	SB0280 - 201 - LRB103 24970 AMQ 51304 b
7146	7146	1 and in such form and manner as prescribed by the
7147	7147	2 Department, and, once made, is irrevocable.
7148	7148	3 (2) Entity-level tax. A partnership or Subchapter S
7149	7149	4 corporation electing to apply the provisions of this
7150	7150	5 subsection shall be subject to a tax for the privilege of
7151	7151	6 earning or receiving income in this State in an amount
7152	7152	7 equal to 4.95% of the taxpayer's net income for the
7153	7153	8 taxable year.
7154	7154	9 (3) Net income defined.
7155	7155	10 (A) In general. For purposes of paragraph (2), the
7156	7156	11 term net income has the same meaning as defined in
7157	7157	12 Section 202 of this Act, except that the following
7158	7158	13 provisions shall not apply:
7159	7159	14 (i) the standard exemption allowed under
7160	7160	15 Section 204;
7161	7161	16 (ii) the deduction for net losses allowed
7162	7162	17 under Section 207;
7163	7163	18 (iii) in the case of an S corporation, the
7164	7164	19 modification under Section 203(b)(2)(S); and
7165	7165	20 (iv) in the case of a partnership, the
7166	7166	21 modifications under Section 203(d)(2)(H) and
7167	7167	22 Section 203(d)(2)(I).
7168	7168	23 (B) Special rule for tiered partnerships. If a
7169	7169	24 taxpayer making the election under paragraph (1) is a
7170	7170	25 partner of another taxpayer making the election under
7171	7171	26 paragraph (1), net income shall be computed as
7172	7172
7173	7173
7174	7174
7175	7175
7176	7176
7177	7177	SB0280 - 201 - LRB103 24970 AMQ 51304 b
7178	7178
7179	7179
7180	7180	SB0280- 202 -LRB103 24970 AMQ 51304 b SB0280 - 202 - LRB103 24970 AMQ 51304 b
7181	7181	SB0280 - 202 - LRB103 24970 AMQ 51304 b
7182	7182	1 provided in subparagraph (A), except that the taxpayer
7183	7183	2 shall subtract its distributive share of the net
7184	7184	3 income of the electing partnership (including its
7185	7185	4 distributive share of the net income of the electing
7186	7186	5 partnership derived as a distributive share from
7187	7187	6 electing partnerships in which it is a partner).
7188	7188	7 (4) Credit for entity level tax. Each partner or
7189	7189	8 shareholder of a taxpayer making the election under this
7190	7190	9 Section shall be allowed a credit against the tax imposed
7191	7191	10 under subsections (a) and (b) of Section 201 of this Act
7192	7192	11 for the taxable year of the partnership or Subchapter S
7193	7193	12 corporation for which an election is in effect ending
7194	7194	13 within or with the taxable year of the partner or
7195	7195	14 shareholder in an amount equal to 4.95% times the partner
7196	7196	15 or shareholder's distributive share of the net income of
7197	7197	16 the electing partnership or Subchapter S corporation, but
7198	7198	17 not to exceed the partner's or shareholder's share of the
7199	7199	18 tax imposed under paragraph (1) which is actually paid by
7200	7200	19 the partnership or Subchapter S corporation. If the
7201	7201	20 taxpayer is a partnership or Subchapter S corporation that
7202	7202	21 is itself a partner of a partnership making the election
7203	7203	22 under paragraph (1), the credit under this paragraph shall
7204	7204	23 be allowed to the taxpayer's partners or shareholders (or
7205	7205	24 if the partner is a partnership or Subchapter S
7206	7206	25 corporation then its partners or shareholders) in
7207	7207	26 accordance with the determination of income and
7208	7208
7209	7209
7210	7210
7211	7211
7212	7212
7213	7213	SB0280 - 202 - LRB103 24970 AMQ 51304 b
7214	7214
7215	7215
7216	7216	SB0280- 203 -LRB103 24970 AMQ 51304 b SB0280 - 203 - LRB103 24970 AMQ 51304 b
7217	7217	SB0280 - 203 - LRB103 24970 AMQ 51304 b
7218	7218	1 distributive share of income under Sections 702 and 704
7219	7219	2 and Subchapter S of the Internal Revenue Code. If the
7220	7220	3 amount of the credit allowed under this paragraph exceeds
7221	7221	4 the partner's or shareholder's liability for tax imposed
7222	7222	5 under subsections (a) and (b) of Section 201 of this Act
7223	7223	6 for the taxable year, such excess shall be treated as an
7224	7224	7 overpayment for purposes of Section 909 of this Act.
7225	7225	8 (5) Nonresidents. A nonresident individual who is a
7226	7226	9 partner or shareholder of a partnership or Subchapter S
7227	7227	10 corporation for a taxable year for which an election is in
7228	7228	11 effect under paragraph (1) shall not be required to file
7229	7229	12 an income tax return under this Act for such taxable year
7230	7230	13 if the only source of net income of the individual (or the
7231	7231	14 individual and the individual's spouse in the case of a
7232	7232	15 joint return) is from an entity making the election under
7233	7233	16 paragraph (1) and the credit allowed to the partner or
7234	7234	17 shareholder under paragraph (4) equals or exceeds the
7235	7235	18 individual's liability for the tax imposed under
7236	7236	19 subsections (a) and (b) of Section 201 of this Act for the
7237	7237	20 taxable year.
7238	7238	21 (6) Liability for tax. Except as provided in this
7239	7239	22 paragraph, a partnership or Subchapter S making the
7240	7240	23 election under paragraph (1) is liable for the
7241	7241	24 entity-level tax imposed under paragraph (2). If the
7242	7242	25 electing partnership or corporation fails to pay the full
7243	7243	26 amount of tax deemed assessed under paragraph (2), the
7244	7244
7245	7245
7246	7246
7247	7247
7248	7248
7249	7249	SB0280 - 203 - LRB103 24970 AMQ 51304 b
7250	7250
7251	7251
7252	7252	SB0280- 204 -LRB103 24970 AMQ 51304 b SB0280 - 204 - LRB103 24970 AMQ 51304 b
7253	7253	SB0280 - 204 - LRB103 24970 AMQ 51304 b
7254	7254	1 partners or shareholders shall be liable to pay the tax
7255	7255	2 assessed (including penalties and interest). Each partner
7256	7256	3 or shareholder shall be liable for the unpaid assessment
7257	7257	4 based on the ratio of the partner's or shareholder's share
7258	7258	5 of the net income of the partnership over the total net
7259	7259	6 income of the partnership. If the partnership or
7260	7260	7 Subchapter S corporation fails to pay the tax assessed
7261	7261	8 (including penalties and interest) and thereafter an
7262	7262	9 amount of such tax is paid by the partners or
7263	7263	10 shareholders, such amount shall not be collected from the
7264	7264	11 partnership or corporation.
7265	7265	12 (7) Foreign tax. For purposes of the credit allowed
7266	7266	13 under Section 601(b)(3) of this Act, tax paid by a
7267	7267	14 partnership or Subchapter S corporation to another state
7268	7268	15 which, as determined by the Department, is substantially
7269	7269	16 similar to the tax imposed under this subsection, shall be
7270	7270	17 considered tax paid by the partner or shareholder to the
7271	7271	18 extent that the partner's or shareholder's share of the
7272	7272	19 income of the partnership or Subchapter S corporation
7273	7273	20 allocated and apportioned to such other state bears to the
7274	7274	21 total income of the partnership or Subchapter S
7275	7275	22 corporation allocated or apportioned to such other state.
7276	7276	23 (8) Suspension of withholding. The provisions of
7277	7277	24 Section 709.5 of this Act shall not apply to a partnership
7278	7278	25 or Subchapter S corporation for the taxable year for which
7279	7279	26 an election under paragraph (1) is in effect.
7280	7280
7281	7281
7282	7282
7283	7283
7284	7284
7285	7285	SB0280 - 204 - LRB103 24970 AMQ 51304 b
7286	7286
7287	7287
7288	7288	SB0280- 205 -LRB103 24970 AMQ 51304 b SB0280 - 205 - LRB103 24970 AMQ 51304 b
7289	7289	SB0280 - 205 - LRB103 24970 AMQ 51304 b
7290	7290	1 (9) Requirement to pay estimated tax. For each taxable
7291	7291	2 year for which an election under paragraph (1) is in
7292	7292	3 effect, a partnership or Subchapter S corporation is
7293	7293	4 required to pay estimated tax for such taxable year under
7294	7294	5 Sections 803 and 804 of this Act if the amount payable as
7295	7295	6 estimated tax can reasonably be expected to exceed $500.
7296	7296	7 (10) The provisions of this subsection shall apply
7297	7297	8 only with respect to taxable years for which the
7298	7298	9 limitation on individual deductions applies under Section
7299	7299	10 164(b)(6) of the Internal Revenue Code.
7300	7300	11 (Source: P.A. 101-9, eff. 6-5-19; 101-31, eff. 6-28-19;
7301	7301	12 101-207, eff. 8-2-19; 101-363, eff. 8-9-19; 102-558, eff.
7302	7302	13 8-20-21; 102-658, eff. 8-27-21.)
7303	7303	14 Section 115. The Illinois Pension Code is amended by
7304	7304	15 changing Sections 1-160, 4-108.8, 7-139.8, 9-121.10, and
7305	7305	16 14-110 as follows:
7306	7306	17 (40 ILCS 5/1-160)
7307	7307	18 (Text of Section from P.A. 102-719)
7308	7308	19 Sec. 1-160. Provisions applicable to new hires.
7309	7309	20 (a) The provisions of this Section apply to a person who,
7310	7310	21 on or after January 1, 2011, first becomes a member or a
7311	7311	22 participant under any reciprocal retirement system or pension
7312	7312	23 fund established under this Code, other than a retirement
7313	7313	24 system or pension fund established under Article 2, 3, 4, 5, 6,
7314	7314
7315	7315
7316	7316
7317	7317
7318	7318
7319	7319	SB0280 - 205 - LRB103 24970 AMQ 51304 b
7320	7320
7321	7321
7322	7322	SB0280- 206 -LRB103 24970 AMQ 51304 b SB0280 - 206 - LRB103 24970 AMQ 51304 b
7323	7323	SB0280 - 206 - LRB103 24970 AMQ 51304 b
7324	7324	1 7, 15, or 18 of this Code, notwithstanding any other provision
7325	7325	2 of this Code to the contrary, but do not apply to any
7326	7326	3 self-managed plan established under this Code or to any
7327	7327	4 participant of the retirement plan established under Section
7328	7328	5 22-101; except that this Section applies to a person who
7329	7329	6 elected to establish alternative credits by electing in
7330	7330	7 writing after January 1, 2011, but before August 8, 2011,
7331	7331	8 under Section 7-145.1 of this Code. Notwithstanding anything
7332	7332	9 to the contrary in this Section, for purposes of this Section,
7333	7333	10 a person who is a Tier 1 regular employee as defined in Section
7334	7334	11 7-109.4 of this Code or who participated in a retirement
7335	7335	12 system under Article 15 prior to January 1, 2011 shall be
7336	7336	13 deemed a person who first became a member or participant prior
7337	7337	14 to January 1, 2011 under any retirement system or pension fund
7338	7338	15 subject to this Section. The changes made to this Section by
7339	7339	16 Public Act 98-596 are a clarification of existing law and are
7340	7340	17 intended to be retroactive to January 1, 2011 (the effective
7341	7341	18 date of Public Act 96-889), notwithstanding the provisions of
7342	7342	19 Section 1-103.1 of this Code.
7343	7343	20 This Section does not apply to a person who first becomes a
7344	7344	21 noncovered employee under Article 14 on or after the
7345	7345	22 implementation date of the plan created under Section 1-161
7346	7346	23 for that Article, unless that person elects under subsection
7347	7347	24 (b) of Section 1-161 to instead receive the benefits provided
7348	7348	25 under this Section and the applicable provisions of that
7349	7349	26 Article.
7350	7350
7351	7351
7352	7352
7353	7353
7354	7354
7355	7355	SB0280 - 206 - LRB103 24970 AMQ 51304 b
7356	7356
7357	7357
7358	7358	SB0280- 207 -LRB103 24970 AMQ 51304 b SB0280 - 207 - LRB103 24970 AMQ 51304 b
7359	7359	SB0280 - 207 - LRB103 24970 AMQ 51304 b
7360	7360	1 This Section does not apply to a person who first becomes a
7361	7361	2 member or participant under Article 16 on or after the
7362	7362	3 implementation date of the plan created under Section 1-161
7363	7363	4 for that Article, unless that person elects under subsection
7364	7364	5 (b) of Section 1-161 to instead receive the benefits provided
7365	7365	6 under this Section and the applicable provisions of that
7366	7366	7 Article.
7367	7367	8 This Section does not apply to a person who elects under
7368	7368	9 subsection (c-5) of Section 1-161 to receive the benefits
7369	7369	10 under Section 1-161.
7370	7370	11 This Section does not apply to a person who first becomes a
7371	7371	12 member or participant of an affected pension fund on or after 6
7372	7372	13 months after the resolution or ordinance date, as defined in
7373	7373	14 Section 1-162, unless that person elects under subsection (c)
7374	7374	15 of Section 1-162 to receive the benefits provided under this
7375	7375	16 Section and the applicable provisions of the Article under
7376	7376	17 which he or she is a member or participant.
7377	7377	18 (b) "Final average salary" means, except as otherwise
7378	7378	19 provided in this subsection, the average monthly (or annual)
7379	7379	20 salary obtained by dividing the total salary or earnings
7380	7380	21 calculated under the Article applicable to the member or
7381	7381	22 participant during the 96 consecutive months (or 8 consecutive
7382	7382	23 years) of service within the last 120 months (or 10 years) of
7383	7383	24 service in which the total salary or earnings calculated under
7384	7384	25 the applicable Article was the highest by the number of months
7385	7385	26 (or years) of service in that period. For the purposes of a
7386	7386
7387	7387
7388	7388
7389	7389
7390	7390
7391	7391	SB0280 - 207 - LRB103 24970 AMQ 51304 b
7392	7392
7393	7393
7394	7394	SB0280- 208 -LRB103 24970 AMQ 51304 b SB0280 - 208 - LRB103 24970 AMQ 51304 b
7395	7395	SB0280 - 208 - LRB103 24970 AMQ 51304 b
7396	7396	1 person who first becomes a member or participant of any
7397	7397	2 retirement system or pension fund to which this Section
7398	7398	3 applies on or after January 1, 2011, in this Code, "final
7399	7399	4 average salary" shall be substituted for the following:
7400	7400	5 (1) (Blank).
7401	7401	6 (2) In Articles 8, 9, 10, 11, and 12, "highest average
7402	7402	7 annual salary for any 4 consecutive years within the last
7403	7403	8 10 years of service immediately preceding the date of
7404	7404	9 withdrawal".
7405	7405	10 (3) In Article 13, "average final salary".
7406	7406	11 (4) In Article 14, "final average compensation".
7407	7407	12 (5) In Article 17, "average salary".
7408	7408	13 (6) In Section 22-207, "wages or salary received by
7409	7409	14 him at the date of retirement or discharge".
7410	7410	15 A member of the Teachers' Retirement System of the State
7411	7411	16 of Illinois who retires on or after June 1, 2021 and for whom
7412	7412	17 the 2020-2021 school year is used in the calculation of the
7413	7413	18 member's final average salary shall use the higher of the
7414	7414	19 following for the purpose of determining the member's final
7415	7415	20 average salary:
7416	7416	21 (A) the amount otherwise calculated under the first
7417	7417	22 paragraph of this subsection; or
7418	7418	23 (B) an amount calculated by the Teachers' Retirement
7419	7419	24 System of the State of Illinois using the average of the
7420	7420	25 monthly (or annual) salary obtained by dividing the total
7421	7421	26 salary or earnings calculated under Article 16 applicable
7422	7422
7423	7423
7424	7424
7425	7425
7426	7426
7427	7427	SB0280 - 208 - LRB103 24970 AMQ 51304 b
7428	7428
7429	7429
7430	7430	SB0280- 209 -LRB103 24970 AMQ 51304 b SB0280 - 209 - LRB103 24970 AMQ 51304 b
7431	7431	SB0280 - 209 - LRB103 24970 AMQ 51304 b
7432	7432	1 to the member or participant during the 96 months (or 8
7433	7433	2 years) of service within the last 120 months (or 10 years)
7434	7434	3 of service in which the total salary or earnings
7435	7435	4 calculated under the Article was the highest by the number
7436	7436	5 of months (or years) of service in that period.
7437	7437	6 (b-5) Beginning on January 1, 2011, for all purposes under
7438	7438	7 this Code (including without limitation the calculation of
7439	7439	8 benefits and employee contributions), the annual earnings,
7440	7440	9 salary, or wages (based on the plan year) of a member or
7441	7441	10 participant to whom this Section applies shall not exceed
7442	7442	11 $106,800; however, that amount shall annually thereafter be
7443	7443	12 increased by the lesser of (i) 3% of that amount, including all
7444	7444	13 previous adjustments, or (ii) one-half the annual unadjusted
7445	7445	14 percentage increase (but not less than zero) in the consumer
7446	7446	15 price index-u for the 12 months ending with the September
7447	7447	16 preceding each November 1, including all previous adjustments.
7448	7448	17 For the purposes of this Section, "consumer price index-u"
7449	7449	18 means the index published by the Bureau of Labor Statistics of
7450	7450	19 the United States Department of Labor that measures the
7451	7451	20 average change in prices of goods and services purchased by
7452	7452	21 all urban consumers, United States city average, all items,
7453	7453	22 1982-84 = 100. The new amount resulting from each annual
7454	7454	23 adjustment shall be determined by the Public Pension Division
7455	7455	24 of the Department of Insurance and made available to the
7456	7456	25 boards of the retirement systems and pension funds by November
7457	7457	26 1 of each year.
7458	7458
7459	7459
7460	7460
7461	7461
7462	7462
7463	7463	SB0280 - 209 - LRB103 24970 AMQ 51304 b
7464	7464
7465	7465
7466	7466	SB0280- 210 -LRB103 24970 AMQ 51304 b SB0280 - 210 - LRB103 24970 AMQ 51304 b
7467	7467	SB0280 - 210 - LRB103 24970 AMQ 51304 b
7468	7468	1 (c) A member or participant is entitled to a retirement
7469	7469	2 annuity upon written application if he or she has attained age
7470	7470	3 67 (age 65, with respect to service under Article 12 that is
7471	7471	4 subject to this Section, for a member or participant under
7472	7472	5 Article 12 who first becomes a member or participant under
7473	7473	6 Article 12 on or after January 1, 2022 or who makes the
7474	7474	7 election under item (i) of subsection (d-15) of this Section)
7475	7475	8 and has at least 10 years of service credit and is otherwise
7476	7476	9 eligible under the requirements of the applicable Article.
7477	7477	10 A member or participant who has attained age 62 (age 60,
7478	7478	11 with respect to service under Article 12 that is subject to
7479	7479	12 this Section, for a member or participant under Article 12 who
7480	7480	13 first becomes a member or participant under Article 12 on or
7481	7481	14 after January 1, 2022 or who makes the election under item (i)
7482	7482	15 of subsection (d-15) of this Section) and has at least 10 years
7483	7483	16 of service credit and is otherwise eligible under the
7484	7484	17 requirements of the applicable Article may elect to receive
7485	7485	18 the lower retirement annuity provided in subsection (d) of
7486	7486	19 this Section.
7487	7487	20 (c-5) A person who first becomes a member or a participant
7488	7488	21 subject to this Section on or after July 6, 2017 (the effective
7489	7489	22 date of Public Act 100-23), notwithstanding any other
7490	7490	23 provision of this Code to the contrary, is entitled to a
7491	7491	24 retirement annuity under Article 8 or Article 11 upon written
7492	7492	25 application if he or she has attained age 65 and has at least
7493	7493	26 10 years of service credit and is otherwise eligible under the
7494	7494
7495	7495
7496	7496
7497	7497
7498	7498
7499	7499	SB0280 - 210 - LRB103 24970 AMQ 51304 b
7500	7500
7501	7501
7502	7502	SB0280- 211 -LRB103 24970 AMQ 51304 b SB0280 - 211 - LRB103 24970 AMQ 51304 b
7503	7503	SB0280 - 211 - LRB103 24970 AMQ 51304 b
7504	7504	1 requirements of Article 8 or Article 11 of this Code,
7505	7505	2 whichever is applicable.
7506	7506	3 (d) The retirement annuity of a member or participant who
7507	7507	4 is retiring after attaining age 62 (age 60, with respect to
7508	7508	5 service under Article 12 that is subject to this Section, for a
7509	7509	6 member or participant under Article 12 who first becomes a
7510	7510	7 member or participant under Article 12 on or after January 1,
7511	7511	8 2022 or who makes the election under item (i) of subsection
7512	7512	9 (d-15) of this Section) with at least 10 years of service
7513	7513	10 credit shall be reduced by one-half of 1% for each full month
7514	7514	11 that the member's age is under age 67 (age 65, with respect to
7515	7515	12 service under Article 12 that is subject to this Section, for a
7516	7516	13 member or participant under Article 12 who first becomes a
7517	7517	14 member or participant under Article 12 on or after January 1,
7518	7518	15 2022 or who makes the election under item (i) of subsection
7519	7519	16 (d-15) of this Section).
7520	7520	17 (d-5) The retirement annuity payable under Article 8 or
7521	7521	18 Article 11 to an eligible person subject to subsection (c-5)
7522	7522	19 of this Section who is retiring at age 60 with at least 10
7523	7523	20 years of service credit shall be reduced by one-half of 1% for
7524	7524	21 each full month that the member's age is under age 65.
7525	7525	22 (d-10) Each person who first became a member or
7526	7526	23 participant under Article 8 or Article 11 of this Code on or
7527	7527	24 after January 1, 2011 and prior to July 6, 2017 (the effective
7528	7528	25 date of Public Act 100-23) shall make an irrevocable election
7529	7529	26 either:
7530	7530
7531	7531
7532	7532
7533	7533
7534	7534
7535	7535	SB0280 - 211 - LRB103 24970 AMQ 51304 b
7536	7536
7537	7537
7538	7538	SB0280- 212 -LRB103 24970 AMQ 51304 b SB0280 - 212 - LRB103 24970 AMQ 51304 b
7539	7539	SB0280 - 212 - LRB103 24970 AMQ 51304 b
7540	7540	1 (i) to be eligible for the reduced retirement age
7541	7541	2 provided in subsections (c-5) and (d-5) of this Section,
7542	7542	3 the eligibility for which is conditioned upon the member
7543	7543	4 or participant agreeing to the increases in employee
7544	7544	5 contributions for age and service annuities provided in
7545	7545	6 subsection (a-5) of Section 8-174 of this Code (for
7546	7546	7 service under Article 8) or subsection (a-5) of Section
7547	7547	8 11-170 of this Code (for service under Article 11); or
7548	7548	9 (ii) to not agree to item (i) of this subsection
7549	7549	10 (d-10), in which case the member or participant shall
7550	7550	11 continue to be subject to the retirement age provisions in
7551	7551	12 subsections (c) and (d) of this Section and the employee
7552	7552	13 contributions for age and service annuity as provided in
7553	7553	14 subsection (a) of Section 8-174 of this Code (for service
7554	7554	15 under Article 8) or subsection (a) of Section 11-170 of
7555	7555	16 this Code (for service under Article 11).
7556	7556	17 The election provided for in this subsection shall be made
7557	7557	18 between October 1, 2017 and November 15, 2017. A person
7558	7558	19 subject to this subsection who makes the required election
7559	7559	20 shall remain bound by that election. A person subject to this
7560	7560	21 subsection who fails for any reason to make the required
7561	7561	22 election within the time specified in this subsection shall be
7562	7562	23 deemed to have made the election under item (ii).
7563	7563	24 (d-15) Each person who first becomes a member or
7564	7564	25 participant under Article 12 on or after January 1, 2011 and
7565	7565	26 prior to January 1, 2022 shall make an irrevocable election
7566	7566
7567	7567
7568	7568
7569	7569
7570	7570
7571	7571	SB0280 - 212 - LRB103 24970 AMQ 51304 b
7572	7572
7573	7573
7574	7574	SB0280- 213 -LRB103 24970 AMQ 51304 b SB0280 - 213 - LRB103 24970 AMQ 51304 b
7575	7575	SB0280 - 213 - LRB103 24970 AMQ 51304 b
7576	7576	1 either:
7577	7577	2 (i) to be eligible for the reduced retirement age
7578	7578	3 specified in subsections (c) and (d) of this Section, the
7579	7579	4 eligibility for which is conditioned upon the member or
7580	7580	5 participant agreeing to the increase in employee
7581	7581	6 contributions for service annuities specified in
7582	7582	7 subsection (b) of Section 12-150; or
7583	7583	8 (ii) to not agree to item (i) of this subsection
7584	7584	9 (d-15), in which case the member or participant shall not
7585	7585	10 be eligible for the reduced retirement age specified in
7586	7586	11 subsections (c) and (d) of this Section and shall not be
7587	7587	12 subject to the increase in employee contributions for
7588	7588	13 service annuities specified in subsection (b) of Section
7589	7589	14 12-150.
7590	7590	15 The election provided for in this subsection shall be made
7591	7591	16 between January 1, 2022 and April 1, 2022. A person subject to
7592	7592	17 this subsection who makes the required election shall remain
7593	7593	18 bound by that election. A person subject to this subsection
7594	7594	19 who fails for any reason to make the required election within
7595	7595	20 the time specified in this subsection shall be deemed to have
7596	7596	21 made the election under item (ii).
7597	7597	22 (e) Any retirement annuity or supplemental annuity shall
7598	7598	23 be subject to annual increases on the January 1 occurring
7599	7599	24 either on or after the attainment of age 67 (age 65, with
7600	7600	25 respect to service under Article 12 that is subject to this
7601	7601	26 Section, for a member or participant under Article 12 who
7602	7602
7603	7603
7604	7604
7605	7605
7606	7606
7607	7607	SB0280 - 213 - LRB103 24970 AMQ 51304 b
7608	7608
7609	7609
7610	7610	SB0280- 214 -LRB103 24970 AMQ 51304 b SB0280 - 214 - LRB103 24970 AMQ 51304 b
7611	7611	SB0280 - 214 - LRB103 24970 AMQ 51304 b
7612	7612	1 first becomes a member or participant under Article 12 on or
7613	7613	2 after January 1, 2022 or who makes the election under item (i)
7614	7614	3 of subsection (d-15); and beginning on July 6, 2017 (the
7615	7615	4 effective date of Public Act 100-23), age 65 with respect to
7616	7616	5 service under Article 8 or Article 11 for eligible persons
7617	7617	6 who: (i) are subject to subsection (c-5) of this Section; or
7618	7618	7 (ii) made the election under item (i) of subsection (d-10) of
7619	7619	8 this Section) or the first anniversary of the annuity start
7620	7620	9 date, whichever is later. Each annual increase shall be
7621	7621	10 calculated at 3% or one-half the annual unadjusted percentage
7622	7622	11 increase (but not less than zero) in the consumer price
7623	7623	12 index-u for the 12 months ending with the September preceding
7624	7624	13 each November 1, whichever is less, of the originally granted
7625	7625	14 retirement annuity. If the annual unadjusted percentage change
7626	7626	15 in the consumer price index-u for the 12 months ending with the
7627	7627	16 September preceding each November 1 is zero or there is a
7628	7628	17 decrease, then the annuity shall not be increased.
7629	7629	18 For the purposes of Section 1-103.1 of this Code, the
7630	7630	19 changes made to this Section by Public Act 102-263 are
7631	7631	20 applicable without regard to whether the employee was in
7632	7632	21 active service on or after August 6, 2021 (the effective date
7633	7633	22 of Public Act 102-263).
7634	7634	23 For the purposes of Section 1-103.1 of this Code, the
7635	7635	24 changes made to this Section by Public Act 100-23 are
7636	7636	25 applicable without regard to whether the employee was in
7637	7637	26 active service on or after July 6, 2017 (the effective date of
7638	7638
7639	7639
7640	7640
7641	7641
7642	7642
7643	7643	SB0280 - 214 - LRB103 24970 AMQ 51304 b
7644	7644
7645	7645
7646	7646	SB0280- 215 -LRB103 24970 AMQ 51304 b SB0280 - 215 - LRB103 24970 AMQ 51304 b
7647	7647	SB0280 - 215 - LRB103 24970 AMQ 51304 b
7648	7648	1 Public Act 100-23).
7649	7649	2 (f) The initial survivor's or widow's annuity of an
7650	7650	3 otherwise eligible survivor or widow of a retired member or
7651	7651	4 participant who first became a member or participant on or
7652	7652	5 after January 1, 2011 shall be in the amount of 66 2/3% of the
7653	7653	6 retired member's or participant's retirement annuity at the
7654	7654	7 date of death. In the case of the death of a member or
7655	7655	8 participant who has not retired and who first became a member
7656	7656	9 or participant on or after January 1, 2011, eligibility for a
7657	7657	10 survivor's or widow's annuity shall be determined by the
7658	7658	11 applicable Article of this Code. The initial benefit shall be
7659	7659	12 66 2/3% of the earned annuity without a reduction due to age. A
7660	7660	13 child's annuity of an otherwise eligible child shall be in the
7661	7661	14 amount prescribed under each Article if applicable. Any
7662	7662	15 survivor's or widow's annuity shall be increased (1) on each
7663	7663	16 January 1 occurring on or after the commencement of the
7664	7664	17 annuity if the deceased member died while receiving a
7665	7665	18 retirement annuity or (2) in other cases, on each January 1
7666	7666	19 occurring after the first anniversary of the commencement of
7667	7667	20 the annuity. Each annual increase shall be calculated at 3% or
7668	7668	21 one-half the annual unadjusted percentage increase (but not
7669	7669	22 less than zero) in the consumer price index-u for the 12 months
7670	7670	23 ending with the September preceding each November 1, whichever
7671	7671	24 is less, of the originally granted survivor's annuity. If the
7672	7672	25 annual unadjusted percentage change in the consumer price
7673	7673	26 index-u for the 12 months ending with the September preceding
7674	7674
7675	7675
7676	7676
7677	7677
7678	7678
7679	7679	SB0280 - 215 - LRB103 24970 AMQ 51304 b
7680	7680
7681	7681
7682	7682	SB0280- 216 -LRB103 24970 AMQ 51304 b SB0280 - 216 - LRB103 24970 AMQ 51304 b
7683	7683	SB0280 - 216 - LRB103 24970 AMQ 51304 b
7684	7684	1 each November 1 is zero or there is a decrease, then the
7685	7685	2 annuity shall not be increased.
7686	7686	3 (g) The benefits in Section 14-110 apply if the person is a
7687	7687	4 fire fighter in the fire protection service of a department, a
7688	7688	5 security employee of the Department of Corrections or the
7689	7689	6 Department of Juvenile Justice, or a security employee of the
7690	7690	7 Department of Innovation and Technology, as those terms are
7691	7691	8 defined in subsection (b) and subsection (c) of Section
7692	7692	9 14-110. A person who meets the requirements of this Section is
7693	7693	10 entitled to an annuity calculated under the provisions of
7694	7694	11 Section 14-110, in lieu of the regular or minimum retirement
7695	7695	12 annuity, only if the person has withdrawn from service with
7696	7696	13 not less than 20 years of eligible creditable service and has
7697	7697	14 attained age 60, regardless of whether the attainment of age
7698	7698	15 60 occurs while the person is still in service.
7699	7699	16 (g-5) The benefits in Section 14-110 apply if the person
7700	7700	17 is a State policeman, investigator for the Secretary of State,
7701	7701	18 conservation police officer, investigator for the Department
7702	7702	19 of Revenue or the Department of Lottery and Gaming Illinois
7703	7703	20 Gaming Board, investigator for the Office of the Attorney
7704	7704	21 General, Commerce Commission police officer, or arson
7705	7705	22 investigator, as those terms are defined in subsection (b) and
7706	7706	23 subsection (c) of Section 14-110. A person who meets the
7707	7707	24 requirements of this Section is entitled to an annuity
7708	7708	25 calculated under the provisions of Section 14-110, in lieu of
7709	7709	26 the regular or minimum retirement annuity, only if the person
7710	7710
7711	7711
7712	7712
7713	7713
7714	7714
7715	7715	SB0280 - 216 - LRB103 24970 AMQ 51304 b
7716	7716
7717	7717
7718	7718	SB0280- 217 -LRB103 24970 AMQ 51304 b SB0280 - 217 - LRB103 24970 AMQ 51304 b
7719	7719	SB0280 - 217 - LRB103 24970 AMQ 51304 b
7720	7720	1 has withdrawn from service with not less than 20 years of
7721	7721	2 eligible creditable service and has attained age 55,
7722	7722	3 regardless of whether the attainment of age 55 occurs while
7723	7723	4 the person is still in service.
7724	7724	5 (h) If a person who first becomes a member or a participant
7725	7725	6 of a retirement system or pension fund subject to this Section
7726	7726	7 on or after January 1, 2011 is receiving a retirement annuity
7727	7727	8 or retirement pension under that system or fund and becomes a
7728	7728	9 member or participant under any other system or fund created
7729	7729	10 by this Code and is employed on a full-time basis, except for
7730	7730	11 those members or participants exempted from the provisions of
7731	7731	12 this Section under subsection (a) of this Section, then the
7732	7732	13 person's retirement annuity or retirement pension under that
7733	7733	14 system or fund shall be suspended during that employment. Upon
7734	7734	15 termination of that employment, the person's retirement
7735	7735	16 annuity or retirement pension payments shall resume and be
7736	7736	17 recalculated if recalculation is provided for under the
7737	7737	18 applicable Article of this Code.
7738	7738	19 If a person who first becomes a member of a retirement
7739	7739	20 system or pension fund subject to this Section on or after
7740	7740	21 January 1, 2012 and is receiving a retirement annuity or
7741	7741	22 retirement pension under that system or fund and accepts on a
7742	7742	23 contractual basis a position to provide services to a
7743	7743	24 governmental entity from which he or she has retired, then
7744	7744	25 that person's annuity or retirement pension earned as an
7745	7745	26 active employee of the employer shall be suspended during that
7746	7746
7747	7747
7748	7748
7749	7749
7750	7750
7751	7751	SB0280 - 217 - LRB103 24970 AMQ 51304 b
7752	7752
7753	7753
7754	7754	SB0280- 218 -LRB103 24970 AMQ 51304 b SB0280 - 218 - LRB103 24970 AMQ 51304 b
7755	7755	SB0280 - 218 - LRB103 24970 AMQ 51304 b
7756	7756	1 contractual service. A person receiving an annuity or
7757	7757	2 retirement pension under this Code shall notify the pension
7758	7758	3 fund or retirement system from which he or she is receiving an
7759	7759	4 annuity or retirement pension, as well as his or her
7760	7760	5 contractual employer, of his or her retirement status before
7761	7761	6 accepting contractual employment. A person who fails to submit
7762	7762	7 such notification shall be guilty of a Class A misdemeanor and
7763	7763	8 required to pay a fine of $1,000. Upon termination of that
7764	7764	9 contractual employment, the person's retirement annuity or
7765	7765	10 retirement pension payments shall resume and, if appropriate,
7766	7766	11 be recalculated under the applicable provisions of this Code.
7767	7767	12 (i) (Blank).
7768	7768	13 (j) In the case of a conflict between the provisions of
7769	7769	14 this Section and any other provision of this Code, the
7770	7770	15 provisions of this Section shall control.
7771	7771	16 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
7772	7772	17 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff.
7773	7773	18 5-6-22.)
7774	7774	19 (Text of Section from P.A. 102-813)
7775	7775	20 Sec. 1-160. Provisions applicable to new hires.
7776	7776	21 (a) The provisions of this Section apply to a person who,
7777	7777	22 on or after January 1, 2011, first becomes a member or a
7778	7778	23 participant under any reciprocal retirement system or pension
7779	7779	24 fund established under this Code, other than a retirement
7780	7780	25 system or pension fund established under Article 2, 3, 4, 5, 6,
7781	7781
7782	7782
7783	7783
7784	7784
7785	7785
7786	7786	SB0280 - 218 - LRB103 24970 AMQ 51304 b
7787	7787
7788	7788
7789	7789	SB0280- 219 -LRB103 24970 AMQ 51304 b SB0280 - 219 - LRB103 24970 AMQ 51304 b
7790	7790	SB0280 - 219 - LRB103 24970 AMQ 51304 b
7791	7791	1 7, 15, or 18 of this Code, notwithstanding any other provision
7792	7792	2 of this Code to the contrary, but do not apply to any
7793	7793	3 self-managed plan established under this Code or to any
7794	7794	4 participant of the retirement plan established under Section
7795	7795	5 22-101; except that this Section applies to a person who
7796	7796	6 elected to establish alternative credits by electing in
7797	7797	7 writing after January 1, 2011, but before August 8, 2011,
7798	7798	8 under Section 7-145.1 of this Code. Notwithstanding anything
7799	7799	9 to the contrary in this Section, for purposes of this Section,
7800	7800	10 a person who is a Tier 1 regular employee as defined in Section
7801	7801	11 7-109.4 of this Code or who participated in a retirement
7802	7802	12 system under Article 15 prior to January 1, 2011 shall be
7803	7803	13 deemed a person who first became a member or participant prior
7804	7804	14 to January 1, 2011 under any retirement system or pension fund
7805	7805	15 subject to this Section. The changes made to this Section by
7806	7806	16 Public Act 98-596 are a clarification of existing law and are
7807	7807	17 intended to be retroactive to January 1, 2011 (the effective
7808	7808	18 date of Public Act 96-889), notwithstanding the provisions of
7809	7809	19 Section 1-103.1 of this Code.
7810	7810	20 This Section does not apply to a person who first becomes a
7811	7811	21 noncovered employee under Article 14 on or after the
7812	7812	22 implementation date of the plan created under Section 1-161
7813	7813	23 for that Article, unless that person elects under subsection
7814	7814	24 (b) of Section 1-161 to instead receive the benefits provided
7815	7815	25 under this Section and the applicable provisions of that
7816	7816	26 Article.
7817	7817
7818	7818
7819	7819
7820	7820
7821	7821
7822	7822	SB0280 - 219 - LRB103 24970 AMQ 51304 b
7823	7823
7824	7824
7825	7825	SB0280- 220 -LRB103 24970 AMQ 51304 b SB0280 - 220 - LRB103 24970 AMQ 51304 b
7826	7826	SB0280 - 220 - LRB103 24970 AMQ 51304 b
7827	7827	1 This Section does not apply to a person who first becomes a
7828	7828	2 member or participant under Article 16 on or after the
7829	7829	3 implementation date of the plan created under Section 1-161
7830	7830	4 for that Article, unless that person elects under subsection
7831	7831	5 (b) of Section 1-161 to instead receive the benefits provided
7832	7832	6 under this Section and the applicable provisions of that
7833	7833	7 Article.
7834	7834	8 This Section does not apply to a person who elects under
7835	7835	9 subsection (c-5) of Section 1-161 to receive the benefits
7836	7836	10 under Section 1-161.
7837	7837	11 This Section does not apply to a person who first becomes a
7838	7838	12 member or participant of an affected pension fund on or after 6
7839	7839	13 months after the resolution or ordinance date, as defined in
7840	7840	14 Section 1-162, unless that person elects under subsection (c)
7841	7841	15 of Section 1-162 to receive the benefits provided under this
7842	7842	16 Section and the applicable provisions of the Article under
7843	7843	17 which he or she is a member or participant.
7844	7844	18 (b) "Final average salary" means, except as otherwise
7845	7845	19 provided in this subsection, the average monthly (or annual)
7846	7846	20 salary obtained by dividing the total salary or earnings
7847	7847	21 calculated under the Article applicable to the member or
7848	7848	22 participant during the 96 consecutive months (or 8 consecutive
7849	7849	23 years) of service within the last 120 months (or 10 years) of
7850	7850	24 service in which the total salary or earnings calculated under
7851	7851	25 the applicable Article was the highest by the number of months
7852	7852	26 (or years) of service in that period. For the purposes of a
7853	7853
7854	7854
7855	7855
7856	7856
7857	7857
7858	7858	SB0280 - 220 - LRB103 24970 AMQ 51304 b
7859	7859
7860	7860
7861	7861	SB0280- 221 -LRB103 24970 AMQ 51304 b SB0280 - 221 - LRB103 24970 AMQ 51304 b
7862	7862	SB0280 - 221 - LRB103 24970 AMQ 51304 b
7863	7863	1 person who first becomes a member or participant of any
7864	7864	2 retirement system or pension fund to which this Section
7865	7865	3 applies on or after January 1, 2011, in this Code, "final
7866	7866	4 average salary" shall be substituted for the following:
7867	7867	5 (1) (Blank).
7868	7868	6 (2) In Articles 8, 9, 10, 11, and 12, "highest average
7869	7869	7 annual salary for any 4 consecutive years within the last
7870	7870	8 10 years of service immediately preceding the date of
7871	7871	9 withdrawal".
7872	7872	10 (3) In Article 13, "average final salary".
7873	7873	11 (4) In Article 14, "final average compensation".
7874	7874	12 (5) In Article 17, "average salary".
7875	7875	13 (6) In Section 22-207, "wages or salary received by
7876	7876	14 him at the date of retirement or discharge".
7877	7877	15 A member of the Teachers' Retirement System of the State
7878	7878	16 of Illinois who retires on or after June 1, 2021 and for whom
7879	7879	17 the 2020-2021 school year is used in the calculation of the
7880	7880	18 member's final average salary shall use the higher of the
7881	7881	19 following for the purpose of determining the member's final
7882	7882	20 average salary:
7883	7883	21 (A) the amount otherwise calculated under the first
7884	7884	22 paragraph of this subsection; or
7885	7885	23 (B) an amount calculated by the Teachers' Retirement
7886	7886	24 System of the State of Illinois using the average of the
7887	7887	25 monthly (or annual) salary obtained by dividing the total
7888	7888	26 salary or earnings calculated under Article 16 applicable
7889	7889
7890	7890
7891	7891
7892	7892
7893	7893
7894	7894	SB0280 - 221 - LRB103 24970 AMQ 51304 b
7895	7895
7896	7896
7897	7897	SB0280- 222 -LRB103 24970 AMQ 51304 b SB0280 - 222 - LRB103 24970 AMQ 51304 b
7898	7898	SB0280 - 222 - LRB103 24970 AMQ 51304 b
7899	7899	1 to the member or participant during the 96 months (or 8
7900	7900	2 years) of service within the last 120 months (or 10 years)
7901	7901	3 of service in which the total salary or earnings
7902	7902	4 calculated under the Article was the highest by the number
7903	7903	5 of months (or years) of service in that period.
7904	7904	6 (b-5) Beginning on January 1, 2011, for all purposes under
7905	7905	7 this Code (including without limitation the calculation of
7906	7906	8 benefits and employee contributions), the annual earnings,
7907	7907	9 salary, or wages (based on the plan year) of a member or
7908	7908	10 participant to whom this Section applies shall not exceed
7909	7909	11 $106,800; however, that amount shall annually thereafter be
7910	7910	12 increased by the lesser of (i) 3% of that amount, including all
7911	7911	13 previous adjustments, or (ii) one-half the annual unadjusted
7912	7912	14 percentage increase (but not less than zero) in the consumer
7913	7913	15 price index-u for the 12 months ending with the September
7914	7914	16 preceding each November 1, including all previous adjustments.
7915	7915	17 For the purposes of this Section, "consumer price index-u"
7916	7916	18 means the index published by the Bureau of Labor Statistics of
7917	7917	19 the United States Department of Labor that measures the
7918	7918	20 average change in prices of goods and services purchased by
7919	7919	21 all urban consumers, United States city average, all items,
7920	7920	22 1982-84 = 100. The new amount resulting from each annual
7921	7921	23 adjustment shall be determined by the Public Pension Division
7922	7922	24 of the Department of Insurance and made available to the
7923	7923	25 boards of the retirement systems and pension funds by November
7924	7924	26 1 of each year.
7925	7925
7926	7926
7927	7927
7928	7928
7929	7929
7930	7930	SB0280 - 222 - LRB103 24970 AMQ 51304 b
7931	7931
7932	7932
7933	7933	SB0280- 223 -LRB103 24970 AMQ 51304 b SB0280 - 223 - LRB103 24970 AMQ 51304 b
7934	7934	SB0280 - 223 - LRB103 24970 AMQ 51304 b
7935	7935	1 (c) A member or participant is entitled to a retirement
7936	7936	2 annuity upon written application if he or she has attained age
7937	7937	3 67 (age 65, with respect to service under Article 12 that is
7938	7938	4 subject to this Section, for a member or participant under
7939	7939	5 Article 12 who first becomes a member or participant under
7940	7940	6 Article 12 on or after January 1, 2022 or who makes the
7941	7941	7 election under item (i) of subsection (d-15) of this Section)
7942	7942	8 and has at least 10 years of service credit and is otherwise
7943	7943	9 eligible under the requirements of the applicable Article.
7944	7944	10 A member or participant who has attained age 62 (age 60,
7945	7945	11 with respect to service under Article 12 that is subject to
7946	7946	12 this Section, for a member or participant under Article 12 who
7947	7947	13 first becomes a member or participant under Article 12 on or
7948	7948	14 after January 1, 2022 or who makes the election under item (i)
7949	7949	15 of subsection (d-15) of this Section) and has at least 10 years
7950	7950	16 of service credit and is otherwise eligible under the
7951	7951	17 requirements of the applicable Article may elect to receive
7952	7952	18 the lower retirement annuity provided in subsection (d) of
7953	7953	19 this Section.
7954	7954	20 (c-5) A person who first becomes a member or a participant
7955	7955	21 subject to this Section on or after July 6, 2017 (the effective
7956	7956	22 date of Public Act 100-23), notwithstanding any other
7957	7957	23 provision of this Code to the contrary, is entitled to a
7958	7958	24 retirement annuity under Article 8 or Article 11 upon written
7959	7959	25 application if he or she has attained age 65 and has at least
7960	7960	26 10 years of service credit and is otherwise eligible under the
7961	7961
7962	7962
7963	7963
7964	7964
7965	7965
7966	7966	SB0280 - 223 - LRB103 24970 AMQ 51304 b
7967	7967
7968	7968
7969	7969	SB0280- 224 -LRB103 24970 AMQ 51304 b SB0280 - 224 - LRB103 24970 AMQ 51304 b
7970	7970	SB0280 - 224 - LRB103 24970 AMQ 51304 b
7971	7971	1 requirements of Article 8 or Article 11 of this Code,
7972	7972	2 whichever is applicable.
7973	7973	3 (d) The retirement annuity of a member or participant who
7974	7974	4 is retiring after attaining age 62 (age 60, with respect to
7975	7975	5 service under Article 12 that is subject to this Section, for a
7976	7976	6 member or participant under Article 12 who first becomes a
7977	7977	7 member or participant under Article 12 on or after January 1,
7978	7978	8 2022 or who makes the election under item (i) of subsection
7979	7979	9 (d-15) of this Section) with at least 10 years of service
7980	7980	10 credit shall be reduced by one-half of 1% for each full month
7981	7981	11 that the member's age is under age 67 (age 65, with respect to
7982	7982	12 service under Article 12 that is subject to this Section, for a
7983	7983	13 member or participant under Article 12 who first becomes a
7984	7984	14 member or participant under Article 12 on or after January 1,
7985	7985	15 2022 or who makes the election under item (i) of subsection
7986	7986	16 (d-15) of this Section).
7987	7987	17 (d-5) The retirement annuity payable under Article 8 or
7988	7988	18 Article 11 to an eligible person subject to subsection (c-5)
7989	7989	19 of this Section who is retiring at age 60 with at least 10
7990	7990	20 years of service credit shall be reduced by one-half of 1% for
7991	7991	21 each full month that the member's age is under age 65.
7992	7992	22 (d-10) Each person who first became a member or
7993	7993	23 participant under Article 8 or Article 11 of this Code on or
7994	7994	24 after January 1, 2011 and prior to July 6, 2017 (the effective
7995	7995	25 date of Public Act 100-23) shall make an irrevocable election
7996	7996	26 either:
7997	7997
7998	7998
7999	7999
8000	8000
8001	8001
8002	8002	SB0280 - 224 - LRB103 24970 AMQ 51304 b
8003	8003
8004	8004
8005	8005	SB0280- 225 -LRB103 24970 AMQ 51304 b SB0280 - 225 - LRB103 24970 AMQ 51304 b
8006	8006	SB0280 - 225 - LRB103 24970 AMQ 51304 b
8007	8007	1 (i) to be eligible for the reduced retirement age
8008	8008	2 provided in subsections (c-5) and (d-5) of this Section,
8009	8009	3 the eligibility for which is conditioned upon the member
8010	8010	4 or participant agreeing to the increases in employee
8011	8011	5 contributions for age and service annuities provided in
8012	8012	6 subsection (a-5) of Section 8-174 of this Code (for
8013	8013	7 service under Article 8) or subsection (a-5) of Section
8014	8014	8 11-170 of this Code (for service under Article 11); or
8015	8015	9 (ii) to not agree to item (i) of this subsection
8016	8016	10 (d-10), in which case the member or participant shall
8017	8017	11 continue to be subject to the retirement age provisions in
8018	8018	12 subsections (c) and (d) of this Section and the employee
8019	8019	13 contributions for age and service annuity as provided in
8020	8020	14 subsection (a) of Section 8-174 of this Code (for service
8021	8021	15 under Article 8) or subsection (a) of Section 11-170 of
8022	8022	16 this Code (for service under Article 11).
8023	8023	17 The election provided for in this subsection shall be made
8024	8024	18 between October 1, 2017 and November 15, 2017. A person
8025	8025	19 subject to this subsection who makes the required election
8026	8026	20 shall remain bound by that election. A person subject to this
8027	8027	21 subsection who fails for any reason to make the required
8028	8028	22 election within the time specified in this subsection shall be
8029	8029	23 deemed to have made the election under item (ii).
8030	8030	24 (d-15) Each person who first becomes a member or
8031	8031	25 participant under Article 12 on or after January 1, 2011 and
8032	8032	26 prior to January 1, 2022 shall make an irrevocable election
8033	8033
8034	8034
8035	8035
8036	8036
8037	8037
8038	8038	SB0280 - 225 - LRB103 24970 AMQ 51304 b
8039	8039
8040	8040
8041	8041	SB0280- 226 -LRB103 24970 AMQ 51304 b SB0280 - 226 - LRB103 24970 AMQ 51304 b
8042	8042	SB0280 - 226 - LRB103 24970 AMQ 51304 b
8043	8043	1 either:
8044	8044	2 (i) to be eligible for the reduced retirement age
8045	8045	3 specified in subsections (c) and (d) of this Section, the
8046	8046	4 eligibility for which is conditioned upon the member or
8047	8047	5 participant agreeing to the increase in employee
8048	8048	6 contributions for service annuities specified in
8049	8049	7 subsection (b) of Section 12-150; or
8050	8050	8 (ii) to not agree to item (i) of this subsection
8051	8051	9 (d-15), in which case the member or participant shall not
8052	8052	10 be eligible for the reduced retirement age specified in
8053	8053	11 subsections (c) and (d) of this Section and shall not be
8054	8054	12 subject to the increase in employee contributions for
8055	8055	13 service annuities specified in subsection (b) of Section
8056	8056	14 12-150.
8057	8057	15 The election provided for in this subsection shall be made
8058	8058	16 between January 1, 2022 and April 1, 2022. A person subject to
8059	8059	17 this subsection who makes the required election shall remain
8060	8060	18 bound by that election. A person subject to this subsection
8061	8061	19 who fails for any reason to make the required election within
8062	8062	20 the time specified in this subsection shall be deemed to have
8063	8063	21 made the election under item (ii).
8064	8064	22 (e) Any retirement annuity or supplemental annuity shall
8065	8065	23 be subject to annual increases on the January 1 occurring
8066	8066	24 either on or after the attainment of age 67 (age 65, with
8067	8067	25 respect to service under Article 12 that is subject to this
8068	8068	26 Section, for a member or participant under Article 12 who
8069	8069
8070	8070
8071	8071
8072	8072
8073	8073
8074	8074	SB0280 - 226 - LRB103 24970 AMQ 51304 b
8075	8075
8076	8076
8077	8077	SB0280- 227 -LRB103 24970 AMQ 51304 b SB0280 - 227 - LRB103 24970 AMQ 51304 b
8078	8078	SB0280 - 227 - LRB103 24970 AMQ 51304 b
8079	8079	1 first becomes a member or participant under Article 12 on or
8080	8080	2 after January 1, 2022 or who makes the election under item (i)
8081	8081	3 of subsection (d-15); and beginning on July 6, 2017 (the
8082	8082	4 effective date of Public Act 100-23), age 65 with respect to
8083	8083	5 service under Article 8 or Article 11 for eligible persons
8084	8084	6 who: (i) are subject to subsection (c-5) of this Section; or
8085	8085	7 (ii) made the election under item (i) of subsection (d-10) of
8086	8086	8 this Section) or the first anniversary of the annuity start
8087	8087	9 date, whichever is later. Each annual increase shall be
8088	8088	10 calculated at 3% or one-half the annual unadjusted percentage
8089	8089	11 increase (but not less than zero) in the consumer price
8090	8090	12 index-u for the 12 months ending with the September preceding
8091	8091	13 each November 1, whichever is less, of the originally granted
8092	8092	14 retirement annuity. If the annual unadjusted percentage change
8093	8093	15 in the consumer price index-u for the 12 months ending with the
8094	8094	16 September preceding each November 1 is zero or there is a
8095	8095	17 decrease, then the annuity shall not be increased.
8096	8096	18 For the purposes of Section 1-103.1 of this Code, the
8097	8097	19 changes made to this Section by Public Act 102-263 are
8098	8098	20 applicable without regard to whether the employee was in
8099	8099	21 active service on or after August 6, 2021 (the effective date
8100	8100	22 of Public Act 102-263).
8101	8101	23 For the purposes of Section 1-103.1 of this Code, the
8102	8102	24 changes made to this Section by Public Act 100-23 are
8103	8103	25 applicable without regard to whether the employee was in
8104	8104	26 active service on or after July 6, 2017 (the effective date of
8105	8105
8106	8106
8107	8107
8108	8108
8109	8109
8110	8110	SB0280 - 227 - LRB103 24970 AMQ 51304 b
8111	8111
8112	8112
8113	8113	SB0280- 228 -LRB103 24970 AMQ 51304 b SB0280 - 228 - LRB103 24970 AMQ 51304 b
8114	8114	SB0280 - 228 - LRB103 24970 AMQ 51304 b
8115	8115	1 Public Act 100-23).
8116	8116	2 (f) The initial survivor's or widow's annuity of an
8117	8117	3 otherwise eligible survivor or widow of a retired member or
8118	8118	4 participant who first became a member or participant on or
8119	8119	5 after January 1, 2011 shall be in the amount of 66 2/3% of the
8120	8120	6 retired member's or participant's retirement annuity at the
8121	8121	7 date of death. In the case of the death of a member or
8122	8122	8 participant who has not retired and who first became a member
8123	8123	9 or participant on or after January 1, 2011, eligibility for a
8124	8124	10 survivor's or widow's annuity shall be determined by the
8125	8125	11 applicable Article of this Code. The initial benefit shall be
8126	8126	12 66 2/3% of the earned annuity without a reduction due to age. A
8127	8127	13 child's annuity of an otherwise eligible child shall be in the
8128	8128	14 amount prescribed under each Article if applicable. Any
8129	8129	15 survivor's or widow's annuity shall be increased (1) on each
8130	8130	16 January 1 occurring on or after the commencement of the
8131	8131	17 annuity if the deceased member died while receiving a
8132	8132	18 retirement annuity or (2) in other cases, on each January 1
8133	8133	19 occurring after the first anniversary of the commencement of
8134	8134	20 the annuity. Each annual increase shall be calculated at 3% or
8135	8135	21 one-half the annual unadjusted percentage increase (but not
8136	8136	22 less than zero) in the consumer price index-u for the 12 months
8137	8137	23 ending with the September preceding each November 1, whichever
8138	8138	24 is less, of the originally granted survivor's annuity. If the
8139	8139	25 annual unadjusted percentage change in the consumer price
8140	8140	26 index-u for the 12 months ending with the September preceding
8141	8141
8142	8142
8143	8143
8144	8144
8145	8145
8146	8146	SB0280 - 228 - LRB103 24970 AMQ 51304 b
8147	8147
8148	8148
8149	8149	SB0280- 229 -LRB103 24970 AMQ 51304 b SB0280 - 229 - LRB103 24970 AMQ 51304 b
8150	8150	SB0280 - 229 - LRB103 24970 AMQ 51304 b
8151	8151	1 each November 1 is zero or there is a decrease, then the
8152	8152	2 annuity shall not be increased.
8153	8153	3 (g) The benefits in Section 14-110 apply only if the
8154	8154	4 person is a State policeman, a fire fighter in the fire
8155	8155	5 protection service of a department, a conservation police
8156	8156	6 officer, an investigator for the Secretary of State, an arson
8157	8157	7 investigator, a Commerce Commission police officer,
8158	8158	8 investigator for the Department of Revenue or the Department
8159	8159	9 of Lottery and Gaming Illinois Gaming Board, a security
8160	8160	10 employee of the Department of Corrections or the Department of
8161	8161	11 Juvenile Justice, or a security employee of the Department of
8162	8162	12 Innovation and Technology, as those terms are defined in
8163	8163	13 subsection (b) and subsection (c) of Section 14-110. A person
8164	8164	14 who meets the requirements of this Section is entitled to an
8165	8165	15 annuity calculated under the provisions of Section 14-110, in
8166	8166	16 lieu of the regular or minimum retirement annuity, only if the
8167	8167	17 person has withdrawn from service with not less than 20 years
8168	8168	18 of eligible creditable service and has attained age 60,
8169	8169	19 regardless of whether the attainment of age 60 occurs while
8170	8170	20 the person is still in service.
8171	8171	21 (h) If a person who first becomes a member or a participant
8172	8172	22 of a retirement system or pension fund subject to this Section
8173	8173	23 on or after January 1, 2011 is receiving a retirement annuity
8174	8174	24 or retirement pension under that system or fund and becomes a
8175	8175	25 member or participant under any other system or fund created
8176	8176	26 by this Code and is employed on a full-time basis, except for
8177	8177
8178	8178
8179	8179
8180	8180
8181	8181
8182	8182	SB0280 - 229 - LRB103 24970 AMQ 51304 b
8183	8183
8184	8184
8185	8185	SB0280- 230 -LRB103 24970 AMQ 51304 b SB0280 - 230 - LRB103 24970 AMQ 51304 b
8186	8186	SB0280 - 230 - LRB103 24970 AMQ 51304 b
8187	8187	1 those members or participants exempted from the provisions of
8188	8188	2 this Section under subsection (a) of this Section, then the
8189	8189	3 person's retirement annuity or retirement pension under that
8190	8190	4 system or fund shall be suspended during that employment. Upon
8191	8191	5 termination of that employment, the person's retirement
8192	8192	6 annuity or retirement pension payments shall resume and be
8193	8193	7 recalculated if recalculation is provided for under the
8194	8194	8 applicable Article of this Code.
8195	8195	9 If a person who first becomes a member of a retirement
8196	8196	10 system or pension fund subject to this Section on or after
8197	8197	11 January 1, 2012 and is receiving a retirement annuity or
8198	8198	12 retirement pension under that system or fund and accepts on a
8199	8199	13 contractual basis a position to provide services to a
8200	8200	14 governmental entity from which he or she has retired, then
8201	8201	15 that person's annuity or retirement pension earned as an
8202	8202	16 active employee of the employer shall be suspended during that
8203	8203	17 contractual service. A person receiving an annuity or
8204	8204	18 retirement pension under this Code shall notify the pension
8205	8205	19 fund or retirement system from which he or she is receiving an
8206	8206	20 annuity or retirement pension, as well as his or her
8207	8207	21 contractual employer, of his or her retirement status before
8208	8208	22 accepting contractual employment. A person who fails to submit
8209	8209	23 such notification shall be guilty of a Class A misdemeanor and
8210	8210	24 required to pay a fine of $1,000. Upon termination of that
8211	8211	25 contractual employment, the person's retirement annuity or
8212	8212	26 retirement pension payments shall resume and, if appropriate,
8213	8213
8214	8214
8215	8215
8216	8216
8217	8217
8218	8218	SB0280 - 230 - LRB103 24970 AMQ 51304 b
8219	8219
8220	8220
8221	8221	SB0280- 231 -LRB103 24970 AMQ 51304 b SB0280 - 231 - LRB103 24970 AMQ 51304 b
8222	8222	SB0280 - 231 - LRB103 24970 AMQ 51304 b
8223	8223	1 be recalculated under the applicable provisions of this Code.
8224	8224	2 (i) (Blank).
8225	8225	3 (j) In the case of a conflict between the provisions of
8226	8226	4 this Section and any other provision of this Code, the
8227	8227	5 provisions of this Section shall control.
8228	8228	6 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
8229	8229	7 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff.
8230	8230	8 5-13-22.)
8231	8231	9 (Text of Section from P.A. 102-956)
8232	8232	10 Sec. 1-160. Provisions applicable to new hires.
8233	8233	11 (a) The provisions of this Section apply to a person who,
8234	8234	12 on or after January 1, 2011, first becomes a member or a
8235	8235	13 participant under any reciprocal retirement system or pension
8236	8236	14 fund established under this Code, other than a retirement
8237	8237	15 system or pension fund established under Article 2, 3, 4, 5, 6,
8238	8238	16 7, 15, or 18 of this Code, notwithstanding any other provision
8239	8239	17 of this Code to the contrary, but do not apply to any
8240	8240	18 self-managed plan established under this Code or to any
8241	8241	19 participant of the retirement plan established under Section
8242	8242	20 22-101; except that this Section applies to a person who
8243	8243	21 elected to establish alternative credits by electing in
8244	8244	22 writing after January 1, 2011, but before August 8, 2011,
8245	8245	23 under Section 7-145.1 of this Code. Notwithstanding anything
8246	8246	24 to the contrary in this Section, for purposes of this Section,
8247	8247	25 a person who is a Tier 1 regular employee as defined in Section
8248	8248
8249	8249
8250	8250
8251	8251
8252	8252
8253	8253	SB0280 - 231 - LRB103 24970 AMQ 51304 b
8254	8254
8255	8255
8256	8256	SB0280- 232 -LRB103 24970 AMQ 51304 b SB0280 - 232 - LRB103 24970 AMQ 51304 b
8257	8257	SB0280 - 232 - LRB103 24970 AMQ 51304 b
8258	8258	1 7-109.4 of this Code or who participated in a retirement
8259	8259	2 system under Article 15 prior to January 1, 2011 shall be
8260	8260	3 deemed a person who first became a member or participant prior
8261	8261	4 to January 1, 2011 under any retirement system or pension fund
8262	8262	5 subject to this Section. The changes made to this Section by
8263	8263	6 Public Act 98-596 are a clarification of existing law and are
8264	8264	7 intended to be retroactive to January 1, 2011 (the effective
8265	8265	8 date of Public Act 96-889), notwithstanding the provisions of
8266	8266	9 Section 1-103.1 of this Code.
8267	8267	10 This Section does not apply to a person who first becomes a
8268	8268	11 noncovered employee under Article 14 on or after the
8269	8269	12 implementation date of the plan created under Section 1-161
8270	8270	13 for that Article, unless that person elects under subsection
8271	8271	14 (b) of Section 1-161 to instead receive the benefits provided
8272	8272	15 under this Section and the applicable provisions of that
8273	8273	16 Article.
8274	8274	17 This Section does not apply to a person who first becomes a
8275	8275	18 member or participant under Article 16 on or after the
8276	8276	19 implementation date of the plan created under Section 1-161
8277	8277	20 for that Article, unless that person elects under subsection
8278	8278	21 (b) of Section 1-161 to instead receive the benefits provided
8279	8279	22 under this Section and the applicable provisions of that
8280	8280	23 Article.
8281	8281	24 This Section does not apply to a person who elects under
8282	8282	25 subsection (c-5) of Section 1-161 to receive the benefits
8283	8283	26 under Section 1-161.
8284	8284
8285	8285
8286	8286
8287	8287
8288	8288
8289	8289	SB0280 - 232 - LRB103 24970 AMQ 51304 b
8290	8290
8291	8291
8292	8292	SB0280- 233 -LRB103 24970 AMQ 51304 b SB0280 - 233 - LRB103 24970 AMQ 51304 b
8293	8293	SB0280 - 233 - LRB103 24970 AMQ 51304 b
8294	8294	1 This Section does not apply to a person who first becomes a
8295	8295	2 member or participant of an affected pension fund on or after 6
8296	8296	3 months after the resolution or ordinance date, as defined in
8297	8297	4 Section 1-162, unless that person elects under subsection (c)
8298	8298	5 of Section 1-162 to receive the benefits provided under this
8299	8299	6 Section and the applicable provisions of the Article under
8300	8300	7 which he or she is a member or participant.
8301	8301	8 (b) "Final average salary" means, except as otherwise
8302	8302	9 provided in this subsection, the average monthly (or annual)
8303	8303	10 salary obtained by dividing the total salary or earnings
8304	8304	11 calculated under the Article applicable to the member or
8305	8305	12 participant during the 96 consecutive months (or 8 consecutive
8306	8306	13 years) of service within the last 120 months (or 10 years) of
8307	8307	14 service in which the total salary or earnings calculated under
8308	8308	15 the applicable Article was the highest by the number of months
8309	8309	16 (or years) of service in that period. For the purposes of a
8310	8310	17 person who first becomes a member or participant of any
8311	8311	18 retirement system or pension fund to which this Section
8312	8312	19 applies on or after January 1, 2011, in this Code, "final
8313	8313	20 average salary" shall be substituted for the following:
8314	8314	21 (1) (Blank).
8315	8315	22 (2) In Articles 8, 9, 10, 11, and 12, "highest average
8316	8316	23 annual salary for any 4 consecutive years within the last
8317	8317	24 10 years of service immediately preceding the date of
8318	8318	25 withdrawal".
8319	8319	26 (3) In Article 13, "average final salary".
8320	8320
8321	8321
8322	8322
8323	8323
8324	8324
8325	8325	SB0280 - 233 - LRB103 24970 AMQ 51304 b
8326	8326
8327	8327
8328	8328	SB0280- 234 -LRB103 24970 AMQ 51304 b SB0280 - 234 - LRB103 24970 AMQ 51304 b
8329	8329	SB0280 - 234 - LRB103 24970 AMQ 51304 b
8330	8330	1 (4) In Article 14, "final average compensation".
8331	8331	2 (5) In Article 17, "average salary".
8332	8332	3 (6) In Section 22-207, "wages or salary received by
8333	8333	4 him at the date of retirement or discharge".
8334	8334	5 A member of the Teachers' Retirement System of the State
8335	8335	6 of Illinois who retires on or after June 1, 2021 and for whom
8336	8336	7 the 2020-2021 school year is used in the calculation of the
8337	8337	8 member's final average salary shall use the higher of the
8338	8338	9 following for the purpose of determining the member's final
8339	8339	10 average salary:
8340	8340	11 (A) the amount otherwise calculated under the first
8341	8341	12 paragraph of this subsection; or
8342	8342	13 (B) an amount calculated by the Teachers' Retirement
8343	8343	14 System of the State of Illinois using the average of the
8344	8344	15 monthly (or annual) salary obtained by dividing the total
8345	8345	16 salary or earnings calculated under Article 16 applicable
8346	8346	17 to the member or participant during the 96 months (or 8
8347	8347	18 years) of service within the last 120 months (or 10 years)
8348	8348	19 of service in which the total salary or earnings
8349	8349	20 calculated under the Article was the highest by the number
8350	8350	21 of months (or years) of service in that period.
8351	8351	22 (b-5) Beginning on January 1, 2011, for all purposes under
8352	8352	23 this Code (including without limitation the calculation of
8353	8353	24 benefits and employee contributions), the annual earnings,
8354	8354	25 salary, or wages (based on the plan year) of a member or
8355	8355	26 participant to whom this Section applies shall not exceed
8356	8356
8357	8357
8358	8358
8359	8359
8360	8360
8361	8361	SB0280 - 234 - LRB103 24970 AMQ 51304 b
8362	8362
8363	8363
8364	8364	SB0280- 235 -LRB103 24970 AMQ 51304 b SB0280 - 235 - LRB103 24970 AMQ 51304 b
8365	8365	SB0280 - 235 - LRB103 24970 AMQ 51304 b
8366	8366	1 $106,800; however, that amount shall annually thereafter be
8367	8367	2 increased by the lesser of (i) 3% of that amount, including all
8368	8368	3 previous adjustments, or (ii) one-half the annual unadjusted
8369	8369	4 percentage increase (but not less than zero) in the consumer
8370	8370	5 price index-u for the 12 months ending with the September
8371	8371	6 preceding each November 1, including all previous adjustments.
8372	8372	7 For the purposes of this Section, "consumer price index-u"
8373	8373	8 means the index published by the Bureau of Labor Statistics of
8374	8374	9 the United States Department of Labor that measures the
8375	8375	10 average change in prices of goods and services purchased by
8376	8376	11 all urban consumers, United States city average, all items,
8377	8377	12 1982-84 = 100. The new amount resulting from each annual
8378	8378	13 adjustment shall be determined by the Public Pension Division
8379	8379	14 of the Department of Insurance and made available to the
8380	8380	15 boards of the retirement systems and pension funds by November
8381	8381	16 1 of each year.
8382	8382	17 (c) A member or participant is entitled to a retirement
8383	8383	18 annuity upon written application if he or she has attained age
8384	8384	19 67 (age 65, with respect to service under Article 12 that is
8385	8385	20 subject to this Section, for a member or participant under
8386	8386	21 Article 12 who first becomes a member or participant under
8387	8387	22 Article 12 on or after January 1, 2022 or who makes the
8388	8388	23 election under item (i) of subsection (d-15) of this Section)
8389	8389	24 and has at least 10 years of service credit and is otherwise
8390	8390	25 eligible under the requirements of the applicable Article.
8391	8391	26 A member or participant who has attained age 62 (age 60,
8392	8392
8393	8393
8394	8394
8395	8395
8396	8396
8397	8397	SB0280 - 235 - LRB103 24970 AMQ 51304 b
8398	8398
8399	8399
8400	8400	SB0280- 236 -LRB103 24970 AMQ 51304 b SB0280 - 236 - LRB103 24970 AMQ 51304 b
8401	8401	SB0280 - 236 - LRB103 24970 AMQ 51304 b
8402	8402	1 with respect to service under Article 12 that is subject to
8403	8403	2 this Section, for a member or participant under Article 12 who
8404	8404	3 first becomes a member or participant under Article 12 on or
8405	8405	4 after January 1, 2022 or who makes the election under item (i)
8406	8406	5 of subsection (d-15) of this Section) and has at least 10 years
8407	8407	6 of service credit and is otherwise eligible under the
8408	8408	7 requirements of the applicable Article may elect to receive
8409	8409	8 the lower retirement annuity provided in subsection (d) of
8410	8410	9 this Section.
8411	8411	10 (c-5) A person who first becomes a member or a participant
8412	8412	11 subject to this Section on or after July 6, 2017 (the effective
8413	8413	12 date of Public Act 100-23), notwithstanding any other
8414	8414	13 provision of this Code to the contrary, is entitled to a
8415	8415	14 retirement annuity under Article 8 or Article 11 upon written
8416	8416	15 application if he or she has attained age 65 and has at least
8417	8417	16 10 years of service credit and is otherwise eligible under the
8418	8418	17 requirements of Article 8 or Article 11 of this Code,
8419	8419	18 whichever is applicable.
8420	8420	19 (d) The retirement annuity of a member or participant who
8421	8421	20 is retiring after attaining age 62 (age 60, with respect to
8422	8422	21 service under Article 12 that is subject to this Section, for a
8423	8423	22 member or participant under Article 12 who first becomes a
8424	8424	23 member or participant under Article 12 on or after January 1,
8425	8425	24 2022 or who makes the election under item (i) of subsection
8426	8426	25 (d-15) of this Section) with at least 10 years of service
8427	8427	26 credit shall be reduced by one-half of 1% for each full month
8428	8428
8429	8429
8430	8430
8431	8431
8432	8432
8433	8433	SB0280 - 236 - LRB103 24970 AMQ 51304 b
8434	8434
8435	8435
8436	8436	SB0280- 237 -LRB103 24970 AMQ 51304 b SB0280 - 237 - LRB103 24970 AMQ 51304 b
8437	8437	SB0280 - 237 - LRB103 24970 AMQ 51304 b
8438	8438	1 that the member's age is under age 67 (age 65, with respect to
8439	8439	2 service under Article 12 that is subject to this Section, for a
8440	8440	3 member or participant under Article 12 who first becomes a
8441	8441	4 member or participant under Article 12 on or after January 1,
8442	8442	5 2022 or who makes the election under item (i) of subsection
8443	8443	6 (d-15) of this Section).
8444	8444	7 (d-5) The retirement annuity payable under Article 8 or
8445	8445	8 Article 11 to an eligible person subject to subsection (c-5)
8446	8446	9 of this Section who is retiring at age 60 with at least 10
8447	8447	10 years of service credit shall be reduced by one-half of 1% for
8448	8448	11 each full month that the member's age is under age 65.
8449	8449	12 (d-10) Each person who first became a member or
8450	8450	13 participant under Article 8 or Article 11 of this Code on or
8451	8451	14 after January 1, 2011 and prior to July 6, 2017 (the effective
8452	8452	15 date of Public Act 100-23) shall make an irrevocable election
8453	8453	16 either:
8454	8454	17 (i) to be eligible for the reduced retirement age
8455	8455	18 provided in subsections (c-5) and (d-5) of this Section,
8456	8456	19 the eligibility for which is conditioned upon the member
8457	8457	20 or participant agreeing to the increases in employee
8458	8458	21 contributions for age and service annuities provided in
8459	8459	22 subsection (a-5) of Section 8-174 of this Code (for
8460	8460	23 service under Article 8) or subsection (a-5) of Section
8461	8461	24 11-170 of this Code (for service under Article 11); or
8462	8462	25 (ii) to not agree to item (i) of this subsection
8463	8463	26 (d-10), in which case the member or participant shall
8464	8464
8465	8465
8466	8466
8467	8467
8468	8468
8469	8469	SB0280 - 237 - LRB103 24970 AMQ 51304 b
8470	8470
8471	8471
8472	8472	SB0280- 238 -LRB103 24970 AMQ 51304 b SB0280 - 238 - LRB103 24970 AMQ 51304 b
8473	8473	SB0280 - 238 - LRB103 24970 AMQ 51304 b
8474	8474	1 continue to be subject to the retirement age provisions in
8475	8475	2 subsections (c) and (d) of this Section and the employee
8476	8476	3 contributions for age and service annuity as provided in
8477	8477	4 subsection (a) of Section 8-174 of this Code (for service
8478	8478	5 under Article 8) or subsection (a) of Section 11-170 of
8479	8479	6 this Code (for service under Article 11).
8480	8480	7 The election provided for in this subsection shall be made
8481	8481	8 between October 1, 2017 and November 15, 2017. A person
8482	8482	9 subject to this subsection who makes the required election
8483	8483	10 shall remain bound by that election. A person subject to this
8484	8484	11 subsection who fails for any reason to make the required
8485	8485	12 election within the time specified in this subsection shall be
8486	8486	13 deemed to have made the election under item (ii).
8487	8487	14 (d-15) Each person who first becomes a member or
8488	8488	15 participant under Article 12 on or after January 1, 2011 and
8489	8489	16 prior to January 1, 2022 shall make an irrevocable election
8490	8490	17 either:
8491	8491	18 (i) to be eligible for the reduced retirement age
8492	8492	19 specified in subsections (c) and (d) of this Section, the
8493	8493	20 eligibility for which is conditioned upon the member or
8494	8494	21 participant agreeing to the increase in employee
8495	8495	22 contributions for service annuities specified in
8496	8496	23 subsection (b) of Section 12-150; or
8497	8497	24 (ii) to not agree to item (i) of this subsection
8498	8498	25 (d-15), in which case the member or participant shall not
8499	8499	26 be eligible for the reduced retirement age specified in
8500	8500
8501	8501
8502	8502
8503	8503
8504	8504
8505	8505	SB0280 - 238 - LRB103 24970 AMQ 51304 b
8506	8506
8507	8507
8508	8508	SB0280- 239 -LRB103 24970 AMQ 51304 b SB0280 - 239 - LRB103 24970 AMQ 51304 b
8509	8509	SB0280 - 239 - LRB103 24970 AMQ 51304 b
8510	8510	1 subsections (c) and (d) of this Section and shall not be
8511	8511	2 subject to the increase in employee contributions for
8512	8512	3 service annuities specified in subsection (b) of Section
8513	8513	4 12-150.
8514	8514	5 The election provided for in this subsection shall be made
8515	8515	6 between January 1, 2022 and April 1, 2022. A person subject to
8516	8516	7 this subsection who makes the required election shall remain
8517	8517	8 bound by that election. A person subject to this subsection
8518	8518	9 who fails for any reason to make the required election within
8519	8519	10 the time specified in this subsection shall be deemed to have
8520	8520	11 made the election under item (ii).
8521	8521	12 (e) Any retirement annuity or supplemental annuity shall
8522	8522	13 be subject to annual increases on the January 1 occurring
8523	8523	14 either on or after the attainment of age 67 (age 65, with
8524	8524	15 respect to service under Article 12 that is subject to this
8525	8525	16 Section, for a member or participant under Article 12 who
8526	8526	17 first becomes a member or participant under Article 12 on or
8527	8527	18 after January 1, 2022 or who makes the election under item (i)
8528	8528	19 of subsection (d-15); and beginning on July 6, 2017 (the
8529	8529	20 effective date of Public Act 100-23), age 65 with respect to
8530	8530	21 service under Article 8 or Article 11 for eligible persons
8531	8531	22 who: (i) are subject to subsection (c-5) of this Section; or
8532	8532	23 (ii) made the election under item (i) of subsection (d-10) of
8533	8533	24 this Section) or the first anniversary of the annuity start
8534	8534	25 date, whichever is later. Each annual increase shall be
8535	8535	26 calculated at 3% or one-half the annual unadjusted percentage
8536	8536
8537	8537
8538	8538
8539	8539
8540	8540
8541	8541	SB0280 - 239 - LRB103 24970 AMQ 51304 b
8542	8542
8543	8543
8544	8544	SB0280- 240 -LRB103 24970 AMQ 51304 b SB0280 - 240 - LRB103 24970 AMQ 51304 b
8545	8545	SB0280 - 240 - LRB103 24970 AMQ 51304 b
8546	8546	1 increase (but not less than zero) in the consumer price
8547	8547	2 index-u for the 12 months ending with the September preceding
8548	8548	3 each November 1, whichever is less, of the originally granted
8549	8549	4 retirement annuity. If the annual unadjusted percentage change
8550	8550	5 in the consumer price index-u for the 12 months ending with the
8551	8551	6 September preceding each November 1 is zero or there is a
8552	8552	7 decrease, then the annuity shall not be increased.
8553	8553	8 For the purposes of Section 1-103.1 of this Code, the
8554	8554	9 changes made to this Section by Public Act 102-263 are
8555	8555	10 applicable without regard to whether the employee was in
8556	8556	11 active service on or after August 6, 2021 (the effective date
8557	8557	12 of Public Act 102-263).
8558	8558	13 For the purposes of Section 1-103.1 of this Code, the
8559	8559	14 changes made to this Section by Public Act 100-23 are
8560	8560	15 applicable without regard to whether the employee was in
8561	8561	16 active service on or after July 6, 2017 (the effective date of
8562	8562	17 Public Act 100-23).
8563	8563	18 (f) The initial survivor's or widow's annuity of an
8564	8564	19 otherwise eligible survivor or widow of a retired member or
8565	8565	20 participant who first became a member or participant on or
8566	8566	21 after January 1, 2011 shall be in the amount of 66 2/3% of the
8567	8567	22 retired member's or participant's retirement annuity at the
8568	8568	23 date of death. In the case of the death of a member or
8569	8569	24 participant who has not retired and who first became a member
8570	8570	25 or participant on or after January 1, 2011, eligibility for a
8571	8571	26 survivor's or widow's annuity shall be determined by the
8572	8572
8573	8573
8574	8574
8575	8575
8576	8576
8577	8577	SB0280 - 240 - LRB103 24970 AMQ 51304 b
8578	8578
8579	8579
8580	8580	SB0280- 241 -LRB103 24970 AMQ 51304 b SB0280 - 241 - LRB103 24970 AMQ 51304 b
8581	8581	SB0280 - 241 - LRB103 24970 AMQ 51304 b
8582	8582	1 applicable Article of this Code. The initial benefit shall be
8583	8583	2 66 2/3% of the earned annuity without a reduction due to age. A
8584	8584	3 child's annuity of an otherwise eligible child shall be in the
8585	8585	4 amount prescribed under each Article if applicable. Any
8586	8586	5 survivor's or widow's annuity shall be increased (1) on each
8587	8587	6 January 1 occurring on or after the commencement of the
8588	8588	7 annuity if the deceased member died while receiving a
8589	8589	8 retirement annuity or (2) in other cases, on each January 1
8590	8590	9 occurring after the first anniversary of the commencement of
8591	8591	10 the annuity. Each annual increase shall be calculated at 3% or
8592	8592	11 one-half the annual unadjusted percentage increase (but not
8593	8593	12 less than zero) in the consumer price index-u for the 12 months
8594	8594	13 ending with the September preceding each November 1, whichever
8595	8595	14 is less, of the originally granted survivor's annuity. If the
8596	8596	15 annual unadjusted percentage change in the consumer price
8597	8597	16 index-u for the 12 months ending with the September preceding
8598	8598	17 each November 1 is zero or there is a decrease, then the
8599	8599	18 annuity shall not be increased.
8600	8600	19 (g) The benefits in Section 14-110 apply only if the
8601	8601	20 person is a State policeman, a fire fighter in the fire
8602	8602	21 protection service of a department, a conservation police
8603	8603	22 officer, an investigator for the Secretary of State, an
8604	8604	23 investigator for the Office of the Attorney General, an arson
8605	8605	24 investigator, a Commerce Commission police officer,
8606	8606	25 investigator for the Department of Revenue or Department of
8607	8607	26 Lottery and Gaming the Illinois Gaming Board, a security
8608	8608
8609	8609
8610	8610
8611	8611
8612	8612
8613	8613	SB0280 - 241 - LRB103 24970 AMQ 51304 b
8614	8614
8615	8615
8616	8616	SB0280- 242 -LRB103 24970 AMQ 51304 b SB0280 - 242 - LRB103 24970 AMQ 51304 b
8617	8617	SB0280 - 242 - LRB103 24970 AMQ 51304 b
8618	8618	1 employee of the Department of Corrections or the Department of
8619	8619	2 Juvenile Justice, or a security employee of the Department of
8620	8620	3 Innovation and Technology, as those terms are defined in
8621	8621	4 subsection (b) and subsection (c) of Section 14-110. A person
8622	8622	5 who meets the requirements of this Section is entitled to an
8623	8623	6 annuity calculated under the provisions of Section 14-110, in
8624	8624	7 lieu of the regular or minimum retirement annuity, only if the
8625	8625	8 person has withdrawn from service with not less than 20 years
8626	8626	9 of eligible creditable service and has attained age 60,
8627	8627	10 regardless of whether the attainment of age 60 occurs while
8628	8628	11 the person is still in service.
8629	8629	12 (h) If a person who first becomes a member or a participant
8630	8630	13 of a retirement system or pension fund subject to this Section
8631	8631	14 on or after January 1, 2011 is receiving a retirement annuity
8632	8632	15 or retirement pension under that system or fund and becomes a
8633	8633	16 member or participant under any other system or fund created
8634	8634	17 by this Code and is employed on a full-time basis, except for
8635	8635	18 those members or participants exempted from the provisions of
8636	8636	19 this Section under subsection (a) of this Section, then the
8637	8637	20 person's retirement annuity or retirement pension under that
8638	8638	21 system or fund shall be suspended during that employment. Upon
8639	8639	22 termination of that employment, the person's retirement
8640	8640	23 annuity or retirement pension payments shall resume and be
8641	8641	24 recalculated if recalculation is provided for under the
8642	8642	25 applicable Article of this Code.
8643	8643	26 If a person who first becomes a member of a retirement
8644	8644
8645	8645
8646	8646
8647	8647
8648	8648
8649	8649	SB0280 - 242 - LRB103 24970 AMQ 51304 b
8650	8650
8651	8651
8652	8652	SB0280- 243 -LRB103 24970 AMQ 51304 b SB0280 - 243 - LRB103 24970 AMQ 51304 b
8653	8653	SB0280 - 243 - LRB103 24970 AMQ 51304 b
8654	8654	1 system or pension fund subject to this Section on or after
8655	8655	2 January 1, 2012 and is receiving a retirement annuity or
8656	8656	3 retirement pension under that system or fund and accepts on a
8657	8657	4 contractual basis a position to provide services to a
8658	8658	5 governmental entity from which he or she has retired, then
8659	8659	6 that person's annuity or retirement pension earned as an
8660	8660	7 active employee of the employer shall be suspended during that
8661	8661	8 contractual service. A person receiving an annuity or
8662	8662	9 retirement pension under this Code shall notify the pension
8663	8663	10 fund or retirement system from which he or she is receiving an
8664	8664	11 annuity or retirement pension, as well as his or her
8665	8665	12 contractual employer, of his or her retirement status before
8666	8666	13 accepting contractual employment. A person who fails to submit
8667	8667	14 such notification shall be guilty of a Class A misdemeanor and
8668	8668	15 required to pay a fine of $1,000. Upon termination of that
8669	8669	16 contractual employment, the person's retirement annuity or
8670	8670	17 retirement pension payments shall resume and, if appropriate,
8671	8671	18 be recalculated under the applicable provisions of this Code.
8672	8672	19 (i) (Blank).
8673	8673	20 (j) In the case of a conflict between the provisions of
8674	8674	21 this Section and any other provision of this Code, the
8675	8675	22 provisions of this Section shall control.
8676	8676	23 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
8677	8677	24 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff.
8678	8678	25 5-27-22.)
8679	8679
8680	8680
8681	8681
8682	8682
8683	8683
8684	8684	SB0280 - 243 - LRB103 24970 AMQ 51304 b
8685	8685
8686	8686
8687	8687	SB0280- 244 -LRB103 24970 AMQ 51304 b SB0280 - 244 - LRB103 24970 AMQ 51304 b
8688	8688	SB0280 - 244 - LRB103 24970 AMQ 51304 b
8689	8689	1 (40 ILCS 5/4-108.8)
8690	8690	2 Sec. 4-108.8. Transfer of creditable service to the State
8691	8691	3 Employees' Retirement System.
8692	8692	4 (a) Any active member of the State Employees' Retirement
8693	8693	5 System who is an arson investigator, investigator for the
8694	8694	6 Department of Revenue, investigator for the Department of
8695	8695	7 Lottery and Gaming Illinois Gaming Board, or investigator for
8696	8696	8 the Secretary of State may apply for transfer of some or all of
8697	8697	9 his or her credits and creditable service accumulated in any
8698	8698	10 firefighters' pension fund under this Article to the State
8699	8699	11 Employees' Retirement System in accordance with Section
8700	8700	12 14-110. The creditable service shall be transferred only upon
8701	8701	13 payment by the firefighters' pension fund to the State
8702	8702	14 Employees' Retirement System of an amount equal to:
8703	8703	15 (1) the amounts accumulated to the credit of the
8704	8704	16 applicant for the service to be transferred on file with
8705	8705	17 the fund on the date of transfer;
8706	8706	18 (2) employer contributions in an amount equal to the
8707	8707	19 amount determined under paragraph (1); and
8708	8708	20 (3) any interest paid by the applicant in order to
8709	8709	21 reinstate service to be transferred.
8710	8710	22 Participation in the firefighters' pension fund with
8711	8711	23 respect to the service to be transferred shall terminate on
8712	8712	24 the date of transfer.
8713	8713	25 (b) Any person applying to transfer service under this
8714	8714	26 Section may reinstate service that was terminated by receipt
8715	8715
8716	8716
8717	8717
8718	8718
8719	8719
8720	8720	SB0280 - 244 - LRB103 24970 AMQ 51304 b
8721	8721
8722	8722
8723	8723	SB0280- 245 -LRB103 24970 AMQ 51304 b SB0280 - 245 - LRB103 24970 AMQ 51304 b
8724	8724	SB0280 - 245 - LRB103 24970 AMQ 51304 b
8725	8725	1 of a refund, by paying to the firefighters' pension fund the
8726	8726	2 amount of the refund with interest thereon at the actuarially
8727	8727	3 assumed rate of interest, compounded annually, from the date
8728	8728	4 of refund to the date of payment.
8729	8729	5 (Source: P.A. 102-210, eff. 7-30-21; 102-856, eff. 1-1-23.)
8730	8730	6 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
8731	8731	7 Sec. 7-139.8. Transfer to Article 14 System.
8732	8732	8 (a) Any active member of the State Employees' Retirement
8733	8733	9 System who is a State policeman, an investigator for the
8734	8734	10 Secretary of State, a conservation police officer, an
8735	8735	11 investigator for the Office of the Attorney General, an
8736	8736	12 investigator for the Department of Revenue, an investigator
8737	8737	13 for the Department of Lottery and Gaming Illinois Gaming
8738	8738	14 Board, an arson investigator, a Commerce Commission police
8739	8739	15 officer, an investigator for the Office of the State's
8740	8740	16 Attorneys Appellate Prosecutor, or a controlled substance
8741	8741	17 inspector may apply for transfer of some or all of his or her
8742	8742	18 credits and creditable service accumulated in this Fund for
8743	8743	19 service as a sheriff's law enforcement employee, person
8744	8744	20 employed by a participating municipality to perform police
8745	8745	21 duties, or law enforcement officer employed on a full-time
8746	8746	22 basis by a forest preserve district to the State Employees'
8747	8747	23 Retirement System in accordance with Section 14-110. The
8748	8748	24 creditable service shall be transferred only upon payment by
8749	8749	25 this Fund to the State Employees' Retirement System of an
8750	8750
8751	8751
8752	8752
8753	8753
8754	8754
8755	8755	SB0280 - 245 - LRB103 24970 AMQ 51304 b
8756	8756
8757	8757
8758	8758	SB0280- 246 -LRB103 24970 AMQ 51304 b SB0280 - 246 - LRB103 24970 AMQ 51304 b
8759	8759	SB0280 - 246 - LRB103 24970 AMQ 51304 b
8760	8760	1 amount equal to:
8761	8761	2 (1) the amounts accumulated to the credit of the
8762	8762	3 applicant for the service to be transferred, including
8763	8763	4 interest; and
8764	8764	5 (2) municipality credits based on such service,
8765	8765	6 including interest; and
8766	8766	7 (3) any interest paid by the applicant to reinstate
8767	8767	8 such service.
8768	8768	9 Participation in this Fund as to any credits transferred under
8769	8769	10 this Section shall terminate on the date of transfer.
8770	8770	11 (b) Any person applying to transfer service under this
8771	8771	12 Section may reinstate credits and creditable service
8772	8772	13 terminated upon receipt of a separation benefit, by paying to
8773	8773	14 the Fund the amount of the separation benefit plus interest
8774	8774	15 thereon at the actuarially assumed rate of interest to the
8775	8775	16 date of payment.
8776	8776	17 (Source: P.A. 102-210, eff. 7-30-21; 102-856, eff. 1-1-23.)
8777	8777	18 (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
8778	8778	19 Sec. 9-121.10. Transfer to Article 14.
8779	8779	20 (a) Any active member of the State Employees' Retirement
8780	8780	21 System who is a State policeman, investigator for the Office
8781	8781	22 of the Attorney General, an investigator for the Department of
8782	8782	23 Revenue, investigator for the Department of Lottery and Gaming
8783	8783	24 Illinois Gaming Board, arson investigator, investigator for
8784	8784	25 the Secretary of State, or conservation police officer may
8785	8785
8786	8786
8787	8787
8788	8788
8789	8789
8790	8790	SB0280 - 246 - LRB103 24970 AMQ 51304 b
8791	8791
8792	8792
8793	8793	SB0280- 247 -LRB103 24970 AMQ 51304 b SB0280 - 247 - LRB103 24970 AMQ 51304 b
8794	8794	SB0280 - 247 - LRB103 24970 AMQ 51304 b
8795	8795	1 apply for transfer of some or all of his creditable service as
8796	8796	2 a member of the County Police Department, a county corrections
8797	8797	3 officer, or a court services officer accumulated under this
8798	8798	4 Article to the State Employees' Retirement System in
8799	8799	5 accordance with Section 14-110. At the time of the transfer
8800	8800	6 the Fund shall pay to the State Employees' Retirement System
8801	8801	7 an amount equal to:
8802	8802	8 (1) the amounts accumulated to the credit of the
8803	8803	9 applicant on the books of the Fund on the date of transfer
8804	8804	10 for the service to be transferred; and
8805	8805	11 (2) the corresponding municipality credits, including
8806	8806	12 interest, on the books of the Fund on the date of transfer;
8807	8807	13 and
8808	8808	14 (3) any interest paid by the applicant in order to
8809	8809	15 reinstate such service.
8810	8810	16 Participation in this Fund with respect to the credits
8811	8811	17 transferred shall terminate on the date of transfer.
8812	8812	18 (b) Any person applying to transfer service under this
8813	8813	19 Section may reinstate credit for service as a member of the
8814	8814	20 County Police Department that was terminated by receipt of a
8815	8815	21 refund, by paying to the Fund the amount of the refund with
8816	8816	22 interest thereon at the actuarially assumed rate of interest,
8817	8817	23 compounded annually, from the date of refund to the date of
8818	8818	24 payment.
8819	8819	25 (Source: P.A. 102-856, eff. 1-1-23.)
8820	8820
8821	8821
8822	8822
8823	8823
8824	8824
8825	8825	SB0280 - 247 - LRB103 24970 AMQ 51304 b
8826	8826
8827	8827
8828	8828	SB0280- 248 -LRB103 24970 AMQ 51304 b SB0280 - 248 - LRB103 24970 AMQ 51304 b
8829	8829	SB0280 - 248 - LRB103 24970 AMQ 51304 b
8830	8830	1 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8831	8831	2 (Text of Section from P.A. 102-813)
8832	8832	3 Sec. 14-110. Alternative retirement annuity.
8833	8833	4 (a) Any member who has withdrawn from service with not
8834	8834	5 less than 20 years of eligible creditable service and has
8835	8835	6 attained age 55, and any member who has withdrawn from service
8836	8836	7 with not less than 25 years of eligible creditable service and
8837	8837	8 has attained age 50, regardless of whether the attainment of
8838	8838	9 either of the specified ages occurs while the member is still
8839	8839	10 in service, shall be entitled to receive at the option of the
8840	8840	11 member, in lieu of the regular or minimum retirement annuity,
8841	8841	12 a retirement annuity computed as follows:
8842	8842	13 (i) for periods of service as a noncovered employee:
8843	8843	14 if retirement occurs on or after January 1, 2001, 3% of
8844	8844	15 final average compensation for each year of creditable
8845	8845	16 service; if retirement occurs before January 1, 2001, 2
8846	8846	17 1/4% of final average compensation for each of the first
8847	8847	18 10 years of creditable service, 2 1/2% for each year above
8848	8848	19 10 years to and including 20 years of creditable service,
8849	8849	20 and 2 3/4% for each year of creditable service above 20
8850	8850	21 years; and
8851	8851	22 (ii) for periods of eligible creditable service as a
8852	8852	23 covered employee: if retirement occurs on or after January
8853	8853	24 1, 2001, 2.5% of final average compensation for each year
8854	8854	25 of creditable service; if retirement occurs before January
8855	8855	26 1, 2001, 1.67% of final average compensation for each of
8856	8856
8857	8857
8858	8858
8859	8859
8860	8860
8861	8861	SB0280 - 248 - LRB103 24970 AMQ 51304 b
8862	8862
8863	8863
8864	8864	SB0280- 249 -LRB103 24970 AMQ 51304 b SB0280 - 249 - LRB103 24970 AMQ 51304 b
8865	8865	SB0280 - 249 - LRB103 24970 AMQ 51304 b
8866	8866	1 the first 10 years of such service, 1.90% for each of the
8867	8867	2 next 10 years of such service, 2.10% for each year of such
8868	8868	3 service in excess of 20 but not exceeding 30, and 2.30% for
8869	8869	4 each year in excess of 30.
8870	8870	5 Such annuity shall be subject to a maximum of 75% of final
8871	8871	6 average compensation if retirement occurs before January 1,
8872	8872	7 2001 or to a maximum of 80% of final average compensation if
8873	8873	8 retirement occurs on or after January 1, 2001.
8874	8874	9 These rates shall not be applicable to any service
8875	8875	10 performed by a member as a covered employee which is not
8876	8876	11 eligible creditable service. Service as a covered employee
8877	8877	12 which is not eligible creditable service shall be subject to
8878	8878	13 the rates and provisions of Section 14-108.
8879	8879	14 (b) For the purpose of this Section, "eligible creditable
8880	8880	15 service" means creditable service resulting from service in
8881	8881	16 one or more of the following positions:
8882	8882	17 (1) State policeman;
8883	8883	18 (2) fire fighter in the fire protection service of a
8884	8884	19 department;
8885	8885	20 (3) air pilot;
8886	8886	21 (4) special agent;
8887	8887	22 (5) investigator for the Secretary of State;
8888	8888	23 (6) conservation police officer;
8889	8889	24 (7) investigator for the Department of Revenue or the
8890	8890	25 Department of Lottery and Gaming Illinois Gaming Board;
8891	8891	26 (8) security employee of the Department of Human
8892	8892
8893	8893
8894	8894
8895	8895
8896	8896
8897	8897	SB0280 - 249 - LRB103 24970 AMQ 51304 b
8898	8898
8899	8899
8900	8900	SB0280- 250 -LRB103 24970 AMQ 51304 b SB0280 - 250 - LRB103 24970 AMQ 51304 b
8901	8901	SB0280 - 250 - LRB103 24970 AMQ 51304 b
8902	8902	1 Services;
8903	8903	2 (9) Central Management Services security police
8904	8904	3 officer;
8905	8905	4 (10) security employee of the Department of
8906	8906	5 Corrections or the Department of Juvenile Justice;
8907	8907	6 (11) dangerous drugs investigator;
8908	8908	7 (12) investigator for the Illinois State Police;
8909	8909	8 (13) investigator for the Office of the Attorney
8910	8910	9 General;
8911	8911	10 (14) controlled substance inspector;
8912	8912	11 (15) investigator for the Office of the State's
8913	8913	12 Attorneys Appellate Prosecutor;
8914	8914	13 (16) Commerce Commission police officer;
8915	8915	14 (17) arson investigator;
8916	8916	15 (18) State highway maintenance worker;
8917	8917	16 (19) security employee of the Department of Innovation
8918	8918	17 and Technology; or
8919	8919	18 (20) transferred employee.
8920	8920	19 A person employed in one of the positions specified in
8921	8921	20 this subsection is entitled to eligible creditable service for
8922	8922	21 service credit earned under this Article while undergoing the
8923	8923	22 basic police training course approved by the Illinois Law
8924	8924	23 Enforcement Training Standards Board, if completion of that
8925	8925	24 training is required of persons serving in that position. For
8926	8926	25 the purposes of this Code, service during the required basic
8927	8927	26 police training course shall be deemed performance of the
8928	8928
8929	8929
8930	8930
8931	8931
8932	8932
8933	8933	SB0280 - 250 - LRB103 24970 AMQ 51304 b
8934	8934
8935	8935
8936	8936	SB0280- 251 -LRB103 24970 AMQ 51304 b SB0280 - 251 - LRB103 24970 AMQ 51304 b
8937	8937	SB0280 - 251 - LRB103 24970 AMQ 51304 b
8938	8938	1 duties of the specified position, even though the person is
8939	8939	2 not a sworn peace officer at the time of the training.
8940	8940	3 A person under paragraph (20) is entitled to eligible
8941	8941	4 creditable service for service credit earned under this
8942	8942	5 Article on and after his or her transfer by Executive Order No.
8943	8943	6 2003-10, Executive Order No. 2004-2, or Executive Order No.
8944	8944	7 2016-1.
8945	8945	8 (c) For the purposes of this Section:
8946	8946	9 (1) The term "State policeman" includes any title or
8947	8947	10 position in the Illinois State Police that is held by an
8948	8948	11 individual employed under the Illinois State Police Act.
8949	8949	12 (2) The term "fire fighter in the fire protection
8950	8950	13 service of a department" includes all officers in such
8951	8951	14 fire protection service including fire chiefs and
8952	8952	15 assistant fire chiefs.
8953	8953	16 (3) The term "air pilot" includes any employee whose
8954	8954	17 official job description on file in the Department of
8955	8955	18 Central Management Services, or in the department by which
8956	8956	19 he is employed if that department is not covered by the
8957	8957	20 Personnel Code, states that his principal duty is the
8958	8958	21 operation of aircraft, and who possesses a pilot's
8959	8959	22 license; however, the change in this definition made by
8960	8960	23 Public Act 83-842 shall not operate to exclude any
8961	8961	24 noncovered employee who was an "air pilot" for the
8962	8962	25 purposes of this Section on January 1, 1984.
8963	8963	26 (4) The term "special agent" means any person who by
8964	8964
8965	8965
8966	8966
8967	8967
8968	8968
8969	8969	SB0280 - 251 - LRB103 24970 AMQ 51304 b
8970	8970
8971	8971
8972	8972	SB0280- 252 -LRB103 24970 AMQ 51304 b SB0280 - 252 - LRB103 24970 AMQ 51304 b
8973	8973	SB0280 - 252 - LRB103 24970 AMQ 51304 b
8974	8974	1 reason of employment by the Division of Narcotic Control,
8975	8975	2 the Bureau of Investigation or, after July 1, 1977, the
8976	8976	3 Division of Criminal Investigation, the Division of
8977	8977	4 Internal Investigation, the Division of Operations, the
8978	8978	5 Division of Patrol Operations, or any other Division or
8979	8979	6 organizational entity in the Illinois State Police is
8980	8980	7 vested by law with duties to maintain public order,
8981	8981	8 investigate violations of the criminal law of this State,
8982	8982	9 enforce the laws of this State, make arrests and recover
8983	8983	10 property. The term "special agent" includes any title or
8984	8984	11 position in the Illinois State Police that is held by an
8985	8985	12 individual employed under the Illinois State Police Act.
8986	8986	13 (5) The term "investigator for the Secretary of State"
8987	8987	14 means any person employed by the Office of the Secretary
8988	8988	15 of State and vested with such investigative duties as
8989	8989	16 render him ineligible for coverage under the Social
8990	8990	17 Security Act by reason of Sections 218(d)(5)(A),
8991	8991	18 218(d)(8)(D) and 218(l)(1) of that Act.
8992	8992	19 A person who became employed as an investigator for
8993	8993	20 the Secretary of State between January 1, 1967 and
8994	8994	21 December 31, 1975, and who has served as such until
8995	8995	22 attainment of age 60, either continuously or with a single
8996	8996	23 break in service of not more than 3 years duration, which
8997	8997	24 break terminated before January 1, 1976, shall be entitled
8998	8998	25 to have his retirement annuity calculated in accordance
8999	8999	26 with subsection (a), notwithstanding that he has less than
9000	9000
9001	9001
9002	9002
9003	9003
9004	9004
9005	9005	SB0280 - 252 - LRB103 24970 AMQ 51304 b
9006	9006
9007	9007
9008	9008	SB0280- 253 -LRB103 24970 AMQ 51304 b SB0280 - 253 - LRB103 24970 AMQ 51304 b
9009	9009	SB0280 - 253 - LRB103 24970 AMQ 51304 b
9010	9010	1 20 years of credit for such service.
9011	9011	2 (6) The term "Conservation Police Officer" means any
9012	9012	3 person employed by the Division of Law Enforcement of the
9013	9013	4 Department of Natural Resources and vested with such law
9014	9014	5 enforcement duties as render him ineligible for coverage
9015	9015	6 under the Social Security Act by reason of Sections
9016	9016	7 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
9017	9017	8 term "Conservation Police Officer" includes the positions
9018	9018	9 of Chief Conservation Police Administrator and Assistant
9019	9019	10 Conservation Police Administrator.
9020	9020	11 (7) The term "investigator for the Department of
9021	9021	12 Revenue" means any person employed by the Department of
9022	9022	13 Revenue and vested with such investigative duties as
9023	9023	14 render him ineligible for coverage under the Social
9024	9024	15 Security Act by reason of Sections 218(d)(5)(A),
9025	9025	16 218(d)(8)(D) and 218(l)(1) of that Act.
9026	9026	17 The term "investigator for the Department of Lottery
9027	9027	18 and Gaming Illinois Gaming Board" means any person
9028	9028	19 employed as such by the Department of Lottery and Gaming
9029	9029	20 Illinois Gaming Board and vested with such peace officer
9030	9030	21 duties as render the person ineligible for coverage under
9031	9031	22 the Social Security Act by reason of Sections
9032	9032	23 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act.
9033	9033	24 (8) The term "security employee of the Department of
9034	9034	25 Human Services" means any person employed by the
9035	9035	26 Department of Human Services who (i) is employed at the
9036	9036
9037	9037
9038	9038
9039	9039
9040	9040
9041	9041	SB0280 - 253 - LRB103 24970 AMQ 51304 b
9042	9042
9043	9043
9044	9044	SB0280- 254 -LRB103 24970 AMQ 51304 b SB0280 - 254 - LRB103 24970 AMQ 51304 b
9045	9045	SB0280 - 254 - LRB103 24970 AMQ 51304 b
9046	9046	1 Chester Mental Health Center and has daily contact with
9047	9047	2 the residents thereof, (ii) is employed within a security
9048	9048	3 unit at a facility operated by the Department and has
9049	9049	4 daily contact with the residents of the security unit,
9050	9050	5 (iii) is employed at a facility operated by the Department
9051	9051	6 that includes a security unit and is regularly scheduled
9052	9052	7 to work at least 50% of his or her working hours within
9053	9053	8 that security unit, or (iv) is a mental health police
9054	9054	9 officer. "Mental health police officer" means any person
9055	9055	10 employed by the Department of Human Services in a position
9056	9056	11 pertaining to the Department's mental health and
9057	9057	12 developmental disabilities functions who is vested with
9058	9058	13 such law enforcement duties as render the person
9059	9059	14 ineligible for coverage under the Social Security Act by
9060	9060	15 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
9061	9061	16 218(l)(1) of that Act. "Security unit" means that portion
9062	9062	17 of a facility that is devoted to the care, containment,
9063	9063	18 and treatment of persons committed to the Department of
9064	9064	19 Human Services as sexually violent persons, persons unfit
9065	9065	20 to stand trial, or persons not guilty by reason of
9066	9066	21 insanity. With respect to past employment, references to
9067	9067	22 the Department of Human Services include its predecessor,
9068	9068	23 the Department of Mental Health and Developmental
9069	9069	24 Disabilities.
9070	9070	25 The changes made to this subdivision (c)(8) by Public
9071	9071	26 Act 92-14 apply to persons who retire on or after January
9072	9072
9073	9073
9074	9074
9075	9075
9076	9076
9077	9077	SB0280 - 254 - LRB103 24970 AMQ 51304 b
9078	9078
9079	9079
9080	9080	SB0280- 255 -LRB103 24970 AMQ 51304 b SB0280 - 255 - LRB103 24970 AMQ 51304 b
9081	9081	SB0280 - 255 - LRB103 24970 AMQ 51304 b
9082	9082	1 1, 2001, notwithstanding Section 1-103.1.
9083	9083	2 (9) "Central Management Services security police
9084	9084	3 officer" means any person employed by the Department of
9085	9085	4 Central Management Services who is vested with such law
9086	9086	5 enforcement duties as render him ineligible for coverage
9087	9087	6 under the Social Security Act by reason of Sections
9088	9088	7 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
9089	9089	8 (10) For a member who first became an employee under
9090	9090	9 this Article before July 1, 2005, the term "security
9091	9091	10 employee of the Department of Corrections or the
9092	9092	11 Department of Juvenile Justice" means any employee of the
9093	9093	12 Department of Corrections or the Department of Juvenile
9094	9094	13 Justice or the former Department of Personnel, and any
9095	9095	14 member or employee of the Prisoner Review Board, who has
9096	9096	15 daily contact with inmates or youth by working within a
9097	9097	16 correctional facility or Juvenile facility operated by the
9098	9098	17 Department of Juvenile Justice or who is a parole officer
9099	9099	18 or an employee who has direct contact with committed
9100	9100	19 persons in the performance of his or her job duties. For a
9101	9101	20 member who first becomes an employee under this Article on
9102	9102	21 or after July 1, 2005, the term means an employee of the
9103	9103	22 Department of Corrections or the Department of Juvenile
9104	9104	23 Justice who is any of the following: (i) officially
9105	9105	24 headquartered at a correctional facility or Juvenile
9106	9106	25 facility operated by the Department of Juvenile Justice,
9107	9107	26 (ii) a parole officer, (iii) a member of the apprehension
9108	9108
9109	9109
9110	9110
9111	9111
9112	9112
9113	9113	SB0280 - 255 - LRB103 24970 AMQ 51304 b
9114	9114
9115	9115
9116	9116	SB0280- 256 -LRB103 24970 AMQ 51304 b SB0280 - 256 - LRB103 24970 AMQ 51304 b
9117	9117	SB0280 - 256 - LRB103 24970 AMQ 51304 b
9118	9118	1 unit, (iv) a member of the intelligence unit, (v) a member
9119	9119	2 of the sort team, or (vi) an investigator.
9120	9120	3 (11) The term "dangerous drugs investigator" means any
9121	9121	4 person who is employed as such by the Department of Human
9122	9122	5 Services.
9123	9123	6 (12) The term "investigator for the Illinois State
9124	9124	7 Police" means a person employed by the Illinois State
9125	9125	8 Police who is vested under Section 4 of the Narcotic
9126	9126	9 Control Division Abolition Act with such law enforcement
9127	9127	10 powers as render him ineligible for coverage under the
9128	9128	11 Social Security Act by reason of Sections 218(d)(5)(A),
9129	9129	12 218(d)(8)(D) and 218(l)(1) of that Act.
9130	9130	13 (13) "Investigator for the Office of the Attorney
9131	9131	14 General" means any person who is employed as such by the
9132	9132	15 Office of the Attorney General and is vested with such
9133	9133	16 investigative duties as render him ineligible for coverage
9134	9134	17 under the Social Security Act by reason of Sections
9135	9135	18 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
9136	9136	19 the period before January 1, 1989, the term includes all
9137	9137	20 persons who were employed as investigators by the Office
9138	9138	21 of the Attorney General, without regard to social security
9139	9139	22 status.
9140	9140	23 (14) "Controlled substance inspector" means any person
9141	9141	24 who is employed as such by the Department of Professional
9142	9142	25 Regulation and is vested with such law enforcement duties
9143	9143	26 as render him ineligible for coverage under the Social
9144	9144
9145	9145
9146	9146
9147	9147
9148	9148
9149	9149	SB0280 - 256 - LRB103 24970 AMQ 51304 b
9150	9150
9151	9151
9152	9152	SB0280- 257 -LRB103 24970 AMQ 51304 b SB0280 - 257 - LRB103 24970 AMQ 51304 b
9153	9153	SB0280 - 257 - LRB103 24970 AMQ 51304 b
9154	9154	1 Security Act by reason of Sections 218(d)(5)(A),
9155	9155	2 218(d)(8)(D) and 218(l)(1) of that Act. The term
9156	9156	3 "controlled substance inspector" includes the Program
9157	9157	4 Executive of Enforcement and the Assistant Program
9158	9158	5 Executive of Enforcement.
9159	9159	6 (15) The term "investigator for the Office of the
9160	9160	7 State's Attorneys Appellate Prosecutor" means a person
9161	9161	8 employed in that capacity on a full-time basis under the
9162	9162	9 authority of Section 7.06 of the State's Attorneys
9163	9163	10 Appellate Prosecutor's Act.
9164	9164	11 (16) "Commerce Commission police officer" means any
9165	9165	12 person employed by the Illinois Commerce Commission who is
9166	9166	13 vested with such law enforcement duties as render him
9167	9167	14 ineligible for coverage under the Social Security Act by
9168	9168	15 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
9169	9169	16 218(l)(1) of that Act.
9170	9170	17 (17) "Arson investigator" means any person who is
9171	9171	18 employed as such by the Office of the State Fire Marshal
9172	9172	19 and is vested with such law enforcement duties as render
9173	9173	20 the person ineligible for coverage under the Social
9174	9174	21 Security Act by reason of Sections 218(d)(5)(A),
9175	9175	22 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
9176	9176	23 employed as an arson investigator on January 1, 1995 and
9177	9177	24 is no longer in service but not yet receiving a retirement
9178	9178	25 annuity may convert his or her creditable service for
9179	9179	26 employment as an arson investigator into eligible
9180	9180
9181	9181
9182	9182
9183	9183
9184	9184
9185	9185	SB0280 - 257 - LRB103 24970 AMQ 51304 b
9186	9186
9187	9187
9188	9188	SB0280- 258 -LRB103 24970 AMQ 51304 b SB0280 - 258 - LRB103 24970 AMQ 51304 b
9189	9189	SB0280 - 258 - LRB103 24970 AMQ 51304 b
9190	9190	1 creditable service by paying to the System the difference
9191	9191	2 between the employee contributions actually paid for that
9192	9192	3 service and the amounts that would have been contributed
9193	9193	4 if the applicant were contributing at the rate applicable
9194	9194	5 to persons with the same social security status earning
9195	9195	6 eligible creditable service on the date of application.
9196	9196	7 (18) The term "State highway maintenance worker" means
9197	9197	8 a person who is either of the following:
9198	9198	9 (i) A person employed on a full-time basis by the
9199	9199	10 Illinois Department of Transportation in the position
9200	9200	11 of highway maintainer, highway maintenance lead
9201	9201	12 worker, highway maintenance lead/lead worker, heavy
9202	9202	13 construction equipment operator, power shovel
9203	9203	14 operator, or bridge mechanic; and whose principal
9204	9204	15 responsibility is to perform, on the roadway, the
9205	9205	16 actual maintenance necessary to keep the highways that
9206	9206	17 form a part of the State highway system in serviceable
9207	9207	18 condition for vehicular traffic.
9208	9208	19 (ii) A person employed on a full-time basis by the
9209	9209	20 Illinois State Toll Highway Authority in the position
9210	9210	21 of equipment operator/laborer H-4, equipment
9211	9211	22 operator/laborer H-6, welder H-4, welder H-6,
9212	9212	23 mechanical/electrical H-4, mechanical/electrical H-6,
9213	9213	24 water/sewer H-4, water/sewer H-6, sign maker/hanger
9214	9214	25 H-4, sign maker/hanger H-6, roadway lighting H-4,
9215	9215	26 roadway lighting H-6, structural H-4, structural H-6,
9216	9216
9217	9217
9218	9218
9219	9219
9220	9220
9221	9221	SB0280 - 258 - LRB103 24970 AMQ 51304 b
9222	9222
9223	9223
9224	9224	SB0280- 259 -LRB103 24970 AMQ 51304 b SB0280 - 259 - LRB103 24970 AMQ 51304 b
9225	9225	SB0280 - 259 - LRB103 24970 AMQ 51304 b
9226	9226	1 painter H-4, or painter H-6; and whose principal
9227	9227	2 responsibility is to perform, on the roadway, the
9228	9228	3 actual maintenance necessary to keep the Authority's
9229	9229	4 tollways in serviceable condition for vehicular
9230	9230	5 traffic.
9231	9231	6 (19) The term "security employee of the Department of
9232	9232	7 Innovation and Technology" means a person who was a
9233	9233	8 security employee of the Department of Corrections or the
9234	9234	9 Department of Juvenile Justice, was transferred to the
9235	9235	10 Department of Innovation and Technology pursuant to
9236	9236	11 Executive Order 2016-01, and continues to perform similar
9237	9237	12 job functions under that Department.
9238	9238	13 (20) "Transferred employee" means an employee who was
9239	9239	14 transferred to the Department of Central Management
9240	9240	15 Services by Executive Order No. 2003-10 or Executive Order
9241	9241	16 No. 2004-2 or transferred to the Department of Innovation
9242	9242	17 and Technology by Executive Order No. 2016-1, or both, and
9243	9243	18 was entitled to eligible creditable service for services
9244	9244	19 immediately preceding the transfer.
9245	9245	20 (d) A security employee of the Department of Corrections
9246	9246	21 or the Department of Juvenile Justice, a security employee of
9247	9247	22 the Department of Human Services who is not a mental health
9248	9248	23 police officer, and a security employee of the Department of
9249	9249	24 Innovation and Technology shall not be eligible for the
9250	9250	25 alternative retirement annuity provided by this Section unless
9251	9251	26 he or she meets the following minimum age and service
9252	9252
9253	9253
9254	9254
9255	9255
9256	9256
9257	9257	SB0280 - 259 - LRB103 24970 AMQ 51304 b
9258	9258
9259	9259
9260	9260	SB0280- 260 -LRB103 24970 AMQ 51304 b SB0280 - 260 - LRB103 24970 AMQ 51304 b
9261	9261	SB0280 - 260 - LRB103 24970 AMQ 51304 b
9262	9262	1 requirements at the time of retirement:
9263	9263	2 (i) 25 years of eligible creditable service and age
9264	9264	3 55; or
9265	9265	4 (ii) beginning January 1, 1987, 25 years of eligible
9266	9266	5 creditable service and age 54, or 24 years of eligible
9267	9267	6 creditable service and age 55; or
9268	9268	7 (iii) beginning January 1, 1988, 25 years of eligible
9269	9269	8 creditable service and age 53, or 23 years of eligible
9270	9270	9 creditable service and age 55; or
9271	9271	10 (iv) beginning January 1, 1989, 25 years of eligible
9272	9272	11 creditable service and age 52, or 22 years of eligible
9273	9273	12 creditable service and age 55; or
9274	9274	13 (v) beginning January 1, 1990, 25 years of eligible
9275	9275	14 creditable service and age 51, or 21 years of eligible
9276	9276	15 creditable service and age 55; or
9277	9277	16 (vi) beginning January 1, 1991, 25 years of eligible
9278	9278	17 creditable service and age 50, or 20 years of eligible
9279	9279	18 creditable service and age 55.
9280	9280	19 Persons who have service credit under Article 16 of this
9281	9281	20 Code for service as a security employee of the Department of
9282	9282	21 Corrections or the Department of Juvenile Justice, or the
9283	9283	22 Department of Human Services in a position requiring
9284	9284	23 certification as a teacher may count such service toward
9285	9285	24 establishing their eligibility under the service requirements
9286	9286	25 of this Section; but such service may be used only for
9287	9287	26 establishing such eligibility, and not for the purpose of
9288	9288
9289	9289
9290	9290
9291	9291
9292	9292
9293	9293	SB0280 - 260 - LRB103 24970 AMQ 51304 b
9294	9294
9295	9295
9296	9296	SB0280- 261 -LRB103 24970 AMQ 51304 b SB0280 - 261 - LRB103 24970 AMQ 51304 b
9297	9297	SB0280 - 261 - LRB103 24970 AMQ 51304 b
9298	9298	1 increasing or calculating any benefit.
9299	9299	2 (e) If a member enters military service while working in a
9300	9300	3 position in which eligible creditable service may be earned,
9301	9301	4 and returns to State service in the same or another such
9302	9302	5 position, and fulfills in all other respects the conditions
9303	9303	6 prescribed in this Article for credit for military service,
9304	9304	7 such military service shall be credited as eligible creditable
9305	9305	8 service for the purposes of the retirement annuity prescribed
9306	9306	9 in this Section.
9307	9307	10 (f) For purposes of calculating retirement annuities under
9308	9308	11 this Section, periods of service rendered after December 31,
9309	9309	12 1968 and before October 1, 1975 as a covered employee in the
9310	9310	13 position of special agent, conservation police officer, mental
9311	9311	14 health police officer, or investigator for the Secretary of
9312	9312	15 State, shall be deemed to have been service as a noncovered
9313	9313	16 employee, provided that the employee pays to the System prior
9314	9314	17 to retirement an amount equal to (1) the difference between
9315	9315	18 the employee contributions that would have been required for
9316	9316	19 such service as a noncovered employee, and the amount of
9317	9317	20 employee contributions actually paid, plus (2) if payment is
9318	9318	21 made after July 31, 1987, regular interest on the amount
9319	9319	22 specified in item (1) from the date of service to the date of
9320	9320	23 payment.
9321	9321	24 For purposes of calculating retirement annuities under
9322	9322	25 this Section, periods of service rendered after December 31,
9323	9323	26 1968 and before January 1, 1982 as a covered employee in the
9324	9324
9325	9325
9326	9326
9327	9327
9328	9328
9329	9329	SB0280 - 261 - LRB103 24970 AMQ 51304 b
9330	9330
9331	9331
9332	9332	SB0280- 262 -LRB103 24970 AMQ 51304 b SB0280 - 262 - LRB103 24970 AMQ 51304 b
9333	9333	SB0280 - 262 - LRB103 24970 AMQ 51304 b
9334	9334	1 position of investigator for the Department of Revenue shall
9335	9335	2 be deemed to have been service as a noncovered employee,
9336	9336	3 provided that the employee pays to the System prior to
9337	9337	4 retirement an amount equal to (1) the difference between the
9338	9338	5 employee contributions that would have been required for such
9339	9339	6 service as a noncovered employee, and the amount of employee
9340	9340	7 contributions actually paid, plus (2) if payment is made after
9341	9341	8 January 1, 1990, regular interest on the amount specified in
9342	9342	9 item (1) from the date of service to the date of payment.
9343	9343	10 (g) A State policeman may elect, not later than January 1,
9344	9344	11 1990, to establish eligible creditable service for up to 10
9345	9345	12 years of his service as a policeman under Article 3, by filing
9346	9346	13 a written election with the Board, accompanied by payment of
9347	9347	14 an amount to be determined by the Board, equal to (i) the
9348	9348	15 difference between the amount of employee and employer
9349	9349	16 contributions transferred to the System under Section 3-110.5,
9350	9350	17 and the amounts that would have been contributed had such
9351	9351	18 contributions been made at the rates applicable to State
9352	9352	19 policemen, plus (ii) interest thereon at the effective rate
9353	9353	20 for each year, compounded annually, from the date of service
9354	9354	21 to the date of payment.
9355	9355	22 Subject to the limitation in subsection (i), a State
9356	9356	23 policeman may elect, not later than July 1, 1993, to establish
9357	9357	24 eligible creditable service for up to 10 years of his service
9358	9358	25 as a member of the County Police Department under Article 9, by
9359	9359	26 filing a written election with the Board, accompanied by
9360	9360
9361	9361
9362	9362
9363	9363
9364	9364
9365	9365	SB0280 - 262 - LRB103 24970 AMQ 51304 b
9366	9366
9367	9367
9368	9368	SB0280- 263 -LRB103 24970 AMQ 51304 b SB0280 - 263 - LRB103 24970 AMQ 51304 b
9369	9369	SB0280 - 263 - LRB103 24970 AMQ 51304 b
9370	9370	1 payment of an amount to be determined by the Board, equal to
9371	9371	2 (i) the difference between the amount of employee and employer
9372	9372	3 contributions transferred to the System under Section 9-121.10
9373	9373	4 and the amounts that would have been contributed had those
9374	9374	5 contributions been made at the rates applicable to State
9375	9375	6 policemen, plus (ii) interest thereon at the effective rate
9376	9376	7 for each year, compounded annually, from the date of service
9377	9377	8 to the date of payment.
9378	9378	9 (h) Subject to the limitation in subsection (i), a State
9379	9379	10 policeman or investigator for the Secretary of State may elect
9380	9380	11 to establish eligible creditable service for up to 12 years of
9381	9381	12 his service as a policeman under Article 5, by filing a written
9382	9382	13 election with the Board on or before January 31, 1992, and
9383	9383	14 paying to the System by January 31, 1994 an amount to be
9384	9384	15 determined by the Board, equal to (i) the difference between
9385	9385	16 the amount of employee and employer contributions transferred
9386	9386	17 to the System under Section 5-236, and the amounts that would
9387	9387	18 have been contributed had such contributions been made at the
9388	9388	19 rates applicable to State policemen, plus (ii) interest
9389	9389	20 thereon at the effective rate for each year, compounded
9390	9390	21 annually, from the date of service to the date of payment.
9391	9391	22 Subject to the limitation in subsection (i), a State
9392	9392	23 policeman, conservation police officer, or investigator for
9393	9393	24 the Secretary of State may elect to establish eligible
9394	9394	25 creditable service for up to 10 years of service as a sheriff's
9395	9395	26 law enforcement employee under Article 7, by filing a written
9396	9396
9397	9397
9398	9398
9399	9399
9400	9400
9401	9401	SB0280 - 263 - LRB103 24970 AMQ 51304 b
9402	9402
9403	9403
9404	9404	SB0280- 264 -LRB103 24970 AMQ 51304 b SB0280 - 264 - LRB103 24970 AMQ 51304 b
9405	9405	SB0280 - 264 - LRB103 24970 AMQ 51304 b
9406	9406	1 election with the Board on or before January 31, 1993, and
9407	9407	2 paying to the System by January 31, 1994 an amount to be
9408	9408	3 determined by the Board, equal to (i) the difference between
9409	9409	4 the amount of employee and employer contributions transferred
9410	9410	5 to the System under Section 7-139.7, and the amounts that
9411	9411	6 would have been contributed had such contributions been made
9412	9412	7 at the rates applicable to State policemen, plus (ii) interest
9413	9413	8 thereon at the effective rate for each year, compounded
9414	9414	9 annually, from the date of service to the date of payment.
9415	9415	10 Subject to the limitation in subsection (i), a State
9416	9416	11 policeman, conservation police officer, or investigator for
9417	9417	12 the Secretary of State may elect to establish eligible
9418	9418	13 creditable service for up to 5 years of service as a police
9419	9419	14 officer under Article 3, a policeman under Article 5, a
9420	9420	15 sheriff's law enforcement employee under Article 7, a member
9421	9421	16 of the county police department under Article 9, or a police
9422	9422	17 officer under Article 15 by filing a written election with the
9423	9423	18 Board and paying to the System an amount to be determined by
9424	9424	19 the Board, equal to (i) the difference between the amount of
9425	9425	20 employee and employer contributions transferred to the System
9426	9426	21 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
9427	9427	22 and the amounts that would have been contributed had such
9428	9428	23 contributions been made at the rates applicable to State
9429	9429	24 policemen, plus (ii) interest thereon at the effective rate
9430	9430	25 for each year, compounded annually, from the date of service
9431	9431	26 to the date of payment.
9432	9432
9433	9433
9434	9434
9435	9435
9436	9436
9437	9437	SB0280 - 264 - LRB103 24970 AMQ 51304 b
9438	9438
9439	9439
9440	9440	SB0280- 265 -LRB103 24970 AMQ 51304 b SB0280 - 265 - LRB103 24970 AMQ 51304 b
9441	9441	SB0280 - 265 - LRB103 24970 AMQ 51304 b
9442	9442	1 Subject to the limitation in subsection (i), an
9443	9443	2 investigator for the Office of the Attorney General, or an
9444	9444	3 investigator for the Department of Revenue, may elect to
9445	9445	4 establish eligible creditable service for up to 5 years of
9446	9446	5 service as a police officer under Article 3, a policeman under
9447	9447	6 Article 5, a sheriff's law enforcement employee under Article
9448	9448	7 7, or a member of the county police department under Article 9
9449	9449	8 by filing a written election with the Board within 6 months
9450	9450	9 after August 25, 2009 (the effective date of Public Act
9451	9451	10 96-745) and paying to the System an amount to be determined by
9452	9452	11 the Board, equal to (i) the difference between the amount of
9453	9453	12 employee and employer contributions transferred to the System
9454	9454	13 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
9455	9455	14 amounts that would have been contributed had such
9456	9456	15 contributions been made at the rates applicable to State
9457	9457	16 policemen, plus (ii) interest thereon at the actuarially
9458	9458	17 assumed rate for each year, compounded annually, from the date
9459	9459	18 of service to the date of payment.
9460	9460	19 Subject to the limitation in subsection (i), a State
9461	9461	20 policeman, conservation police officer, investigator for the
9462	9462	21 Office of the Attorney General, an investigator for the
9463	9463	22 Department of Revenue, or investigator for the Secretary of
9464	9464	23 State may elect to establish eligible creditable service for
9465	9465	24 up to 5 years of service as a person employed by a
9466	9466	25 participating municipality to perform police duties, or law
9467	9467	26 enforcement officer employed on a full-time basis by a forest
9468	9468
9469	9469
9470	9470
9471	9471
9472	9472
9473	9473	SB0280 - 265 - LRB103 24970 AMQ 51304 b
9474	9474
9475	9475
9476	9476	SB0280- 266 -LRB103 24970 AMQ 51304 b SB0280 - 266 - LRB103 24970 AMQ 51304 b
9477	9477	SB0280 - 266 - LRB103 24970 AMQ 51304 b
9478	9478	1 preserve district under Article 7, a county corrections
9479	9479	2 officer, or a court services officer under Article 9, by
9480	9480	3 filing a written election with the Board within 6 months after
9481	9481	4 August 25, 2009 (the effective date of Public Act 96-745) and
9482	9482	5 paying to the System an amount to be determined by the Board,
9483	9483	6 equal to (i) the difference between the amount of employee and
9484	9484	7 employer contributions transferred to the System under
9485	9485	8 Sections 7-139.8 and 9-121.10 and the amounts that would have
9486	9486	9 been contributed had such contributions been made at the rates
9487	9487	10 applicable to State policemen, plus (ii) interest thereon at
9488	9488	11 the actuarially assumed rate for each year, compounded
9489	9489	12 annually, from the date of service to the date of payment.
9490	9490	13 Subject to the limitation in subsection (i), a State
9491	9491	14 policeman, arson investigator, or Commerce Commission police
9492	9492	15 officer may elect to establish eligible creditable service for
9493	9493	16 up to 5 years of service as a person employed by a
9494	9494	17 participating municipality to perform police duties under
9495	9495	18 Article 7, a county corrections officer, a court services
9496	9496	19 officer under Article 9, or a firefighter under Article 4 by
9497	9497	20 filing a written election with the Board within 6 months after
9498	9498	21 July 30, 2021 (the effective date of Public Act 102-210) and
9499	9499	22 paying to the System an amount to be determined by the Board
9500	9500	23 equal to (i) the difference between the amount of employee and
9501	9501	24 employer contributions transferred to the System under
9502	9502	25 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
9503	9503	26 would have been contributed had such contributions been made
9504	9504
9505	9505
9506	9506
9507	9507
9508	9508
9509	9509	SB0280 - 266 - LRB103 24970 AMQ 51304 b
9510	9510
9511	9511
9512	9512	SB0280- 267 -LRB103 24970 AMQ 51304 b SB0280 - 267 - LRB103 24970 AMQ 51304 b
9513	9513	SB0280 - 267 - LRB103 24970 AMQ 51304 b
9514	9514	1 at the rates applicable to State policemen, plus (ii) interest
9515	9515	2 thereon at the actuarially assumed rate for each year,
9516	9516	3 compounded annually, from the date of service to the date of
9517	9517	4 payment.
9518	9518	5 Subject to the limitation in subsection (i), a
9519	9519	6 conservation police officer may elect to establish eligible
9520	9520	7 creditable service for up to 5 years of service as a person
9521	9521	8 employed by a participating municipality to perform police
9522	9522	9 duties under Article 7, a county corrections officer, or a
9523	9523	10 court services officer under Article 9 by filing a written
9524	9524	11 election with the Board within 6 months after July 30, 2021
9525	9525	12 (the effective date of Public Act 102-210) and paying to the
9526	9526	13 System an amount to be determined by the Board equal to (i) the
9527	9527	14 difference between the amount of employee and employer
9528	9528	15 contributions transferred to the System under Sections 7-139.8
9529	9529	16 and 9-121.10 and the amounts that would have been contributed
9530	9530	17 had such contributions been made at the rates applicable to
9531	9531	18 State policemen, plus (ii) interest thereon at the actuarially
9532	9532	19 assumed rate for each year, compounded annually, from the date
9533	9533	20 of service to the date of payment.
9534	9534	21 Notwithstanding the limitation in subsection (i), a State
9535	9535	22 policeman or conservation police officer may elect to convert
9536	9536	23 service credit earned under this Article to eligible
9537	9537	24 creditable service, as defined by this Section, by filing a
9538	9538	25 written election with the board within 6 months after July 30,
9539	9539	26 2021 (the effective date of Public Act 102-210) and paying to
9540	9540
9541	9541
9542	9542
9543	9543
9544	9544
9545	9545	SB0280 - 267 - LRB103 24970 AMQ 51304 b
9546	9546
9547	9547
9548	9548	SB0280- 268 -LRB103 24970 AMQ 51304 b SB0280 - 268 - LRB103 24970 AMQ 51304 b
9549	9549	SB0280 - 268 - LRB103 24970 AMQ 51304 b
9550	9550	1 the System an amount to be determined by the Board equal to (i)
9551	9551	2 the difference between the amount of employee contributions
9552	9552	3 originally paid for that service and the amounts that would
9553	9553	4 have been contributed had such contributions been made at the
9554	9554	5 rates applicable to State policemen, plus (ii) the difference
9555	9555	6 between the employer's normal cost of the credit prior to the
9556	9556	7 conversion authorized by Public Act 102-210 and the employer's
9557	9557	8 normal cost of the credit converted in accordance with Public
9558	9558	9 Act 102-210, plus (iii) interest thereon at the actuarially
9559	9559	10 assumed rate for each year, compounded annually, from the date
9560	9560	11 of service to the date of payment.
9561	9561	12 (i) The total amount of eligible creditable service
9562	9562	13 established by any person under subsections (g), (h), (j),
9563	9563	14 (k), (l), (l-5), and (o) of this Section shall not exceed 12
9564	9564	15 years.
9565	9565	16 (j) Subject to the limitation in subsection (i), an
9566	9566	17 investigator for the Office of the State's Attorneys Appellate
9567	9567	18 Prosecutor or a controlled substance inspector may elect to
9568	9568	19 establish eligible creditable service for up to 10 years of
9569	9569	20 his service as a policeman under Article 3 or a sheriff's law
9570	9570	21 enforcement employee under Article 7, by filing a written
9571	9571	22 election with the Board, accompanied by payment of an amount
9572	9572	23 to be determined by the Board, equal to (1) the difference
9573	9573	24 between the amount of employee and employer contributions
9574	9574	25 transferred to the System under Section 3-110.6 or 7-139.8,
9575	9575	26 and the amounts that would have been contributed had such
9576	9576
9577	9577
9578	9578
9579	9579
9580	9580
9581	9581	SB0280 - 268 - LRB103 24970 AMQ 51304 b
9582	9582
9583	9583
9584	9584	SB0280- 269 -LRB103 24970 AMQ 51304 b SB0280 - 269 - LRB103 24970 AMQ 51304 b
9585	9585	SB0280 - 269 - LRB103 24970 AMQ 51304 b
9586	9586	1 contributions been made at the rates applicable to State
9587	9587	2 policemen, plus (2) interest thereon at the effective rate for
9588	9588	3 each year, compounded annually, from the date of service to
9589	9589	4 the date of payment.
9590	9590	5 (k) Subject to the limitation in subsection (i) of this
9591	9591	6 Section, an alternative formula employee may elect to
9592	9592	7 establish eligible creditable service for periods spent as a
9593	9593	8 full-time law enforcement officer or full-time corrections
9594	9594	9 officer employed by the federal government or by a state or
9595	9595	10 local government located outside of Illinois, for which credit
9596	9596	11 is not held in any other public employee pension fund or
9597	9597	12 retirement system. To obtain this credit, the applicant must
9598	9598	13 file a written application with the Board by March 31, 1998,
9599	9599	14 accompanied by evidence of eligibility acceptable to the Board
9600	9600	15 and payment of an amount to be determined by the Board, equal
9601	9601	16 to (1) employee contributions for the credit being
9602	9602	17 established, based upon the applicant's salary on the first
9603	9603	18 day as an alternative formula employee after the employment
9604	9604	19 for which credit is being established and the rates then
9605	9605	20 applicable to alternative formula employees, plus (2) an
9606	9606	21 amount determined by the Board to be the employer's normal
9607	9607	22 cost of the benefits accrued for the credit being established,
9608	9608	23 plus (3) regular interest on the amounts in items (1) and (2)
9609	9609	24 from the first day as an alternative formula employee after
9610	9610	25 the employment for which credit is being established to the
9611	9611	26 date of payment.
9612	9612
9613	9613
9614	9614
9615	9615
9616	9616
9617	9617	SB0280 - 269 - LRB103 24970 AMQ 51304 b
9618	9618
9619	9619
9620	9620	SB0280- 270 -LRB103 24970 AMQ 51304 b SB0280 - 270 - LRB103 24970 AMQ 51304 b
9621	9621	SB0280 - 270 - LRB103 24970 AMQ 51304 b
9622	9622	1 (l) Subject to the limitation in subsection (i), a
9623	9623	2 security employee of the Department of Corrections may elect,
9624	9624	3 not later than July 1, 1998, to establish eligible creditable
9625	9625	4 service for up to 10 years of his or her service as a policeman
9626	9626	5 under Article 3, by filing a written election with the Board,
9627	9627	6 accompanied by payment of an amount to be determined by the
9628	9628	7 Board, equal to (i) the difference between the amount of
9629	9629	8 employee and employer contributions transferred to the System
9630	9630	9 under Section 3-110.5, and the amounts that would have been
9631	9631	10 contributed had such contributions been made at the rates
9632	9632	11 applicable to security employees of the Department of
9633	9633	12 Corrections, plus (ii) interest thereon at the effective rate
9634	9634	13 for each year, compounded annually, from the date of service
9635	9635	14 to the date of payment.
9636	9636	15 (l-5) Subject to the limitation in subsection (i) of this
9637	9637	16 Section, a State policeman may elect to establish eligible
9638	9638	17 creditable service for up to 5 years of service as a full-time
9639	9639	18 law enforcement officer employed by the federal government or
9640	9640	19 by a state or local government located outside of Illinois for
9641	9641	20 which credit is not held in any other public employee pension
9642	9642	21 fund or retirement system. To obtain this credit, the
9643	9643	22 applicant must file a written application with the Board no
9644	9644	23 later than 3 years after January 1, 2020 (the effective date of
9645	9645	24 Public Act 101-610), accompanied by evidence of eligibility
9646	9646	25 acceptable to the Board and payment of an amount to be
9647	9647	26 determined by the Board, equal to (1) employee contributions
9648	9648
9649	9649
9650	9650
9651	9651
9652	9652
9653	9653	SB0280 - 270 - LRB103 24970 AMQ 51304 b
9654	9654
9655	9655
9656	9656	SB0280- 271 -LRB103 24970 AMQ 51304 b SB0280 - 271 - LRB103 24970 AMQ 51304 b
9657	9657	SB0280 - 271 - LRB103 24970 AMQ 51304 b
9658	9658	1 for the credit being established, based upon the applicant's
9659	9659	2 salary on the first day as an alternative formula employee
9660	9660	3 after the employment for which credit is being established and
9661	9661	4 the rates then applicable to alternative formula employees,
9662	9662	5 plus (2) an amount determined by the Board to be the employer's
9663	9663	6 normal cost of the benefits accrued for the credit being
9664	9664	7 established, plus (3) regular interest on the amounts in items
9665	9665	8 (1) and (2) from the first day as an alternative formula
9666	9666	9 employee after the employment for which credit is being
9667	9667	10 established to the date of payment.
9668	9668	11 (m) The amendatory changes to this Section made by Public
9669	9669	12 Act 94-696 apply only to: (1) security employees of the
9670	9670	13 Department of Juvenile Justice employed by the Department of
9671	9671	14 Corrections before June 1, 2006 (the effective date of Public
9672	9672	15 Act 94-696) and transferred to the Department of Juvenile
9673	9673	16 Justice by Public Act 94-696; and (2) persons employed by the
9674	9674	17 Department of Juvenile Justice on or after June 1, 2006 (the
9675	9675	18 effective date of Public Act 94-696) who are required by
9676	9676	19 subsection (b) of Section 3-2.5-15 of the Unified Code of
9677	9677	20 Corrections to have any bachelor's or advanced degree from an
9678	9678	21 accredited college or university or, in the case of persons
9679	9679	22 who provide vocational training, who are required to have
9680	9680	23 adequate knowledge in the skill for which they are providing
9681	9681	24 the vocational training.
9682	9682	25 (n) A person employed in a position under subsection (b)
9683	9683	26 of this Section who has purchased service credit under
9684	9684
9685	9685
9686	9686
9687	9687
9688	9688
9689	9689	SB0280 - 271 - LRB103 24970 AMQ 51304 b
9690	9690
9691	9691
9692	9692	SB0280- 272 -LRB103 24970 AMQ 51304 b SB0280 - 272 - LRB103 24970 AMQ 51304 b
9693	9693	SB0280 - 272 - LRB103 24970 AMQ 51304 b
9694	9694	1 subsection (j) of Section 14-104 or subsection (b) of Section
9695	9695	2 14-105 in any other capacity under this Article may convert up
9696	9696	3 to 5 years of that service credit into service credit covered
9697	9697	4 under this Section by paying to the Fund an amount equal to (1)
9698	9698	5 the additional employee contribution required under Section
9699	9699	6 14-133, plus (2) the additional employer contribution required
9700	9700	7 under Section 14-131, plus (3) interest on items (1) and (2) at
9701	9701	8 the actuarially assumed rate from the date of the service to
9702	9702	9 the date of payment.
9703	9703	10 (o) Subject to the limitation in subsection (i), a
9704	9704	11 conservation police officer, investigator for the Secretary of
9705	9705	12 State, Commerce Commission police officer, investigator for
9706	9706	13 the Department of Revenue or the Department of Lottery and
9707	9707	14 Gaming Illinois Gaming Board, or arson investigator subject to
9708	9708	15 subsection (g) of Section 1-160 may elect to convert up to 8
9709	9709	16 years of service credit established before January 1, 2020
9710	9710	17 (the effective date of Public Act 101-610) as a conservation
9711	9711	18 police officer, investigator for the Secretary of State,
9712	9712	19 Commerce Commission police officer, investigator for the
9713	9713	20 Department of Revenue or the Department of Lottery and Gaming
9714	9714	21 Illinois Gaming Board, or arson investigator under this
9715	9715	22 Article into eligible creditable service by filing a written
9716	9716	23 election with the Board no later than one year after January 1,
9717	9717	24 2020 (the effective date of Public Act 101-610), accompanied
9718	9718	25 by payment of an amount to be determined by the Board equal to
9719	9719	26 (i) the difference between the amount of the employee
9720	9720
9721	9721
9722	9722
9723	9723
9724	9724
9725	9725	SB0280 - 272 - LRB103 24970 AMQ 51304 b
9726	9726
9727	9727
9728	9728	SB0280- 273 -LRB103 24970 AMQ 51304 b SB0280 - 273 - LRB103 24970 AMQ 51304 b
9729	9729	SB0280 - 273 - LRB103 24970 AMQ 51304 b
9730	9730	1 contributions actually paid for that service and the amount of
9731	9731	2 the employee contributions that would have been paid had the
9732	9732	3 employee contributions been made as a noncovered employee
9733	9733	4 serving in a position in which eligible creditable service, as
9734	9734	5 defined in this Section, may be earned, plus (ii) interest
9735	9735	6 thereon at the effective rate for each year, compounded
9736	9736	7 annually, from the date of service to the date of payment.
9737	9737	8 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
9738	9738	9 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
9739	9739	10 (Text of Section from P.A. 102-856)
9740	9740	11 Sec. 14-110. Alternative retirement annuity.
9741	9741	12 (a) Any member who has withdrawn from service with not
9742	9742	13 less than 20 years of eligible creditable service and has
9743	9743	14 attained age 55, and any member who has withdrawn from service
9744	9744	15 with not less than 25 years of eligible creditable service and
9745	9745	16 has attained age 50, regardless of whether the attainment of
9746	9746	17 either of the specified ages occurs while the member is still
9747	9747	18 in service, shall be entitled to receive at the option of the
9748	9748	19 member, in lieu of the regular or minimum retirement annuity,
9749	9749	20 a retirement annuity computed as follows:
9750	9750	21 (i) for periods of service as a noncovered employee:
9751	9751	22 if retirement occurs on or after January 1, 2001, 3% of
9752	9752	23 final average compensation for each year of creditable
9753	9753	24 service; if retirement occurs before January 1, 2001, 2
9754	9754	25 1/4% of final average compensation for each of the first
9755	9755
9756	9756
9757	9757
9758	9758
9759	9759
9760	9760	SB0280 - 273 - LRB103 24970 AMQ 51304 b
9761	9761
9762	9762
9763	9763	SB0280- 274 -LRB103 24970 AMQ 51304 b SB0280 - 274 - LRB103 24970 AMQ 51304 b
9764	9764	SB0280 - 274 - LRB103 24970 AMQ 51304 b
9765	9765	1 10 years of creditable service, 2 1/2% for each year above
9766	9766	2 10 years to and including 20 years of creditable service,
9767	9767	3 and 2 3/4% for each year of creditable service above 20
9768	9768	4 years; and
9769	9769	5 (ii) for periods of eligible creditable service as a
9770	9770	6 covered employee: if retirement occurs on or after January
9771	9771	7 1, 2001, 2.5% of final average compensation for each year
9772	9772	8 of creditable service; if retirement occurs before January
9773	9773	9 1, 2001, 1.67% of final average compensation for each of
9774	9774	10 the first 10 years of such service, 1.90% for each of the
9775	9775	11 next 10 years of such service, 2.10% for each year of such
9776	9776	12 service in excess of 20 but not exceeding 30, and 2.30% for
9777	9777	13 each year in excess of 30.
9778	9778	14 Such annuity shall be subject to a maximum of 75% of final
9779	9779	15 average compensation if retirement occurs before January 1,
9780	9780	16 2001 or to a maximum of 80% of final average compensation if
9781	9781	17 retirement occurs on or after January 1, 2001.
9782	9782	18 These rates shall not be applicable to any service
9783	9783	19 performed by a member as a covered employee which is not
9784	9784	20 eligible creditable service. Service as a covered employee
9785	9785	21 which is not eligible creditable service shall be subject to
9786	9786	22 the rates and provisions of Section 14-108.
9787	9787	23 (b) For the purpose of this Section, "eligible creditable
9788	9788	24 service" means creditable service resulting from service in
9789	9789	25 one or more of the following positions:
9790	9790	26 (1) State policeman;
9791	9791
9792	9792
9793	9793
9794	9794
9795	9795
9796	9796	SB0280 - 274 - LRB103 24970 AMQ 51304 b
9797	9797
9798	9798
9799	9799	SB0280- 275 -LRB103 24970 AMQ 51304 b SB0280 - 275 - LRB103 24970 AMQ 51304 b
9800	9800	SB0280 - 275 - LRB103 24970 AMQ 51304 b
9801	9801	1 (2) fire fighter in the fire protection service of a
9802	9802	2 department;
9803	9803	3 (3) air pilot;
9804	9804	4 (4) special agent;
9805	9805	5 (5) investigator for the Secretary of State;
9806	9806	6 (6) conservation police officer;
9807	9807	7 (7) investigator for the Department of Revenue or the
9808	9808	8 Department of Lottery and Gaming Illinois Gaming Board;
9809	9809	9 (8) security employee of the Department of Human
9810	9810	10 Services;
9811	9811	11 (9) Central Management Services security police
9812	9812	12 officer;
9813	9813	13 (10) security employee of the Department of
9814	9814	14 Corrections or the Department of Juvenile Justice;
9815	9815	15 (11) dangerous drugs investigator;
9816	9816	16 (12) investigator for the Illinois State Police;
9817	9817	17 (13) investigator for the Office of the Attorney
9818	9818	18 General;
9819	9819	19 (14) controlled substance inspector;
9820	9820	20 (15) investigator for the Office of the State's
9821	9821	21 Attorneys Appellate Prosecutor;
9822	9822	22 (16) Commerce Commission police officer;
9823	9823	23 (17) arson investigator;
9824	9824	24 (18) State highway maintenance worker;
9825	9825	25 (19) security employee of the Department of Innovation
9826	9826	26 and Technology; or
9827	9827
9828	9828
9829	9829
9830	9830
9831	9831
9832	9832	SB0280 - 275 - LRB103 24970 AMQ 51304 b
9833	9833
9834	9834
9835	9835	SB0280- 276 -LRB103 24970 AMQ 51304 b SB0280 - 276 - LRB103 24970 AMQ 51304 b
9836	9836	SB0280 - 276 - LRB103 24970 AMQ 51304 b
9837	9837	1 (20) transferred employee.
9838	9838	2 A person employed in one of the positions specified in
9839	9839	3 this subsection is entitled to eligible creditable service for
9840	9840	4 service credit earned under this Article while undergoing the
9841	9841	5 basic police training course approved by the Illinois Law
9842	9842	6 Enforcement Training Standards Board, if completion of that
9843	9843	7 training is required of persons serving in that position. For
9844	9844	8 the purposes of this Code, service during the required basic
9845	9845	9 police training course shall be deemed performance of the
9846	9846	10 duties of the specified position, even though the person is
9847	9847	11 not a sworn peace officer at the time of the training.
9848	9848	12 A person under paragraph (20) is entitled to eligible
9849	9849	13 creditable service for service credit earned under this
9850	9850	14 Article on and after his or her transfer by Executive Order No.
9851	9851	15 2003-10, Executive Order No. 2004-2, or Executive Order No.
9852	9852	16 2016-1.
9853	9853	17 (c) For the purposes of this Section:
9854	9854	18 (1) The term "State policeman" includes any title or
9855	9855	19 position in the Illinois State Police that is held by an
9856	9856	20 individual employed under the Illinois State Police Act.
9857	9857	21 (2) The term "fire fighter in the fire protection
9858	9858	22 service of a department" includes all officers in such
9859	9859	23 fire protection service including fire chiefs and
9860	9860	24 assistant fire chiefs.
9861	9861	25 (3) The term "air pilot" includes any employee whose
9862	9862	26 official job description on file in the Department of
9863	9863
9864	9864
9865	9865
9866	9866
9867	9867
9868	9868	SB0280 - 276 - LRB103 24970 AMQ 51304 b
9869	9869
9870	9870
9871	9871	SB0280- 277 -LRB103 24970 AMQ 51304 b SB0280 - 277 - LRB103 24970 AMQ 51304 b
9872	9872	SB0280 - 277 - LRB103 24970 AMQ 51304 b
9873	9873	1 Central Management Services, or in the department by which
9874	9874	2 he is employed if that department is not covered by the
9875	9875	3 Personnel Code, states that his principal duty is the
9876	9876	4 operation of aircraft, and who possesses a pilot's
9877	9877	5 license; however, the change in this definition made by
9878	9878	6 Public Act 83-842 shall not operate to exclude any
9879	9879	7 noncovered employee who was an "air pilot" for the
9880	9880	8 purposes of this Section on January 1, 1984.
9881	9881	9 (4) The term "special agent" means any person who by
9882	9882	10 reason of employment by the Division of Narcotic Control,
9883	9883	11 the Bureau of Investigation or, after July 1, 1977, the
9884	9884	12 Division of Criminal Investigation, the Division of
9885	9885	13 Internal Investigation, the Division of Operations, the
9886	9886	14 Division of Patrol Operations, or any other Division or
9887	9887	15 organizational entity in the Illinois State Police is
9888	9888	16 vested by law with duties to maintain public order,
9889	9889	17 investigate violations of the criminal law of this State,
9890	9890	18 enforce the laws of this State, make arrests and recover
9891	9891	19 property. The term "special agent" includes any title or
9892	9892	20 position in the Illinois State Police that is held by an
9893	9893	21 individual employed under the Illinois State Police Act.
9894	9894	22 (5) The term "investigator for the Secretary of State"
9895	9895	23 means any person employed by the Office of the Secretary
9896	9896	24 of State and vested with such investigative duties as
9897	9897	25 render him ineligible for coverage under the Social
9898	9898	26 Security Act by reason of Sections 218(d)(5)(A),
9899	9899
9900	9900
9901	9901
9902	9902
9903	9903
9904	9904	SB0280 - 277 - LRB103 24970 AMQ 51304 b
9905	9905
9906	9906
9907	9907	SB0280- 278 -LRB103 24970 AMQ 51304 b SB0280 - 278 - LRB103 24970 AMQ 51304 b
9908	9908	SB0280 - 278 - LRB103 24970 AMQ 51304 b
9909	9909	1 218(d)(8)(D) and 218(l)(1) of that Act.
9910	9910	2 A person who became employed as an investigator for
9911	9911	3 the Secretary of State between January 1, 1967 and
9912	9912	4 December 31, 1975, and who has served as such until
9913	9913	5 attainment of age 60, either continuously or with a single
9914	9914	6 break in service of not more than 3 years duration, which
9915	9915	7 break terminated before January 1, 1976, shall be entitled
9916	9916	8 to have his retirement annuity calculated in accordance
9917	9917	9 with subsection (a), notwithstanding that he has less than
9918	9918	10 20 years of credit for such service.
9919	9919	11 (6) The term "Conservation Police Officer" means any
9920	9920	12 person employed by the Division of Law Enforcement of the
9921	9921	13 Department of Natural Resources and vested with such law
9922	9922	14 enforcement duties as render him ineligible for coverage
9923	9923	15 under the Social Security Act by reason of Sections
9924	9924	16 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
9925	9925	17 term "Conservation Police Officer" includes the positions
9926	9926	18 of Chief Conservation Police Administrator and Assistant
9927	9927	19 Conservation Police Administrator.
9928	9928	20 (7) The term "investigator for the Department of
9929	9929	21 Revenue" means any person employed by the Department of
9930	9930	22 Revenue and vested with such investigative duties as
9931	9931	23 render him ineligible for coverage under the Social
9932	9932	24 Security Act by reason of Sections 218(d)(5)(A),
9933	9933	25 218(d)(8)(D) and 218(l)(1) of that Act.
9934	9934	26 The term "investigator for the Department of Lottery
9935	9935
9936	9936
9937	9937
9938	9938
9939	9939
9940	9940	SB0280 - 278 - LRB103 24970 AMQ 51304 b
9941	9941
9942	9942
9943	9943	SB0280- 279 -LRB103 24970 AMQ 51304 b SB0280 - 279 - LRB103 24970 AMQ 51304 b
9944	9944	SB0280 - 279 - LRB103 24970 AMQ 51304 b
9945	9945	1 and Gaming Illinois Gaming Board" means any person
9946	9946	2 employed as such by the Department of Lottery and Gaming
9947	9947	3 Illinois Gaming Board and vested with such peace officer
9948	9948	4 duties as render the person ineligible for coverage under
9949	9949	5 the Social Security Act by reason of Sections
9950	9950	6 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act.
9951	9951	7 (8) The term "security employee of the Department of
9952	9952	8 Human Services" means any person employed by the
9953	9953	9 Department of Human Services who (i) is employed at the
9954	9954	10 Chester Mental Health Center and has daily contact with
9955	9955	11 the residents thereof, (ii) is employed within a security
9956	9956	12 unit at a facility operated by the Department and has
9957	9957	13 daily contact with the residents of the security unit,
9958	9958	14 (iii) is employed at a facility operated by the Department
9959	9959	15 that includes a security unit and is regularly scheduled
9960	9960	16 to work at least 50% of his or her working hours within
9961	9961	17 that security unit, or (iv) is a mental health police
9962	9962	18 officer. "Mental health police officer" means any person
9963	9963	19 employed by the Department of Human Services in a position
9964	9964	20 pertaining to the Department's mental health and
9965	9965	21 developmental disabilities functions who is vested with
9966	9966	22 such law enforcement duties as render the person
9967	9967	23 ineligible for coverage under the Social Security Act by
9968	9968	24 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
9969	9969	25 218(l)(1) of that Act. "Security unit" means that portion
9970	9970	26 of a facility that is devoted to the care, containment,
9971	9971
9972	9972
9973	9973
9974	9974
9975	9975
9976	9976	SB0280 - 279 - LRB103 24970 AMQ 51304 b
9977	9977
9978	9978
9979	9979	SB0280- 280 -LRB103 24970 AMQ 51304 b SB0280 - 280 - LRB103 24970 AMQ 51304 b
9980	9980	SB0280 - 280 - LRB103 24970 AMQ 51304 b
9981	9981	1 and treatment of persons committed to the Department of
9982	9982	2 Human Services as sexually violent persons, persons unfit
9983	9983	3 to stand trial, or persons not guilty by reason of
9984	9984	4 insanity. With respect to past employment, references to
9985	9985	5 the Department of Human Services include its predecessor,
9986	9986	6 the Department of Mental Health and Developmental
9987	9987	7 Disabilities.
9988	9988	8 The changes made to this subdivision (c)(8) by Public
9989	9989	9 Act 92-14 apply to persons who retire on or after January
9990	9990	10 1, 2001, notwithstanding Section 1-103.1.
9991	9991	11 (9) "Central Management Services security police
9992	9992	12 officer" means any person employed by the Department of
9993	9993	13 Central Management Services who is vested with such law
9994	9994	14 enforcement duties as render him ineligible for coverage
9995	9995	15 under the Social Security Act by reason of Sections
9996	9996	16 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
9997	9997	17 (10) For a member who first became an employee under
9998	9998	18 this Article before July 1, 2005, the term "security
9999	9999	19 employee of the Department of Corrections or the
10000	10000	20 Department of Juvenile Justice" means any employee of the
10001	10001	21 Department of Corrections or the Department of Juvenile
10002	10002	22 Justice or the former Department of Personnel, and any
10003	10003	23 member or employee of the Prisoner Review Board, who has
10004	10004	24 daily contact with inmates or youth by working within a
10005	10005	25 correctional facility or Juvenile facility operated by the
10006	10006	26 Department of Juvenile Justice or who is a parole officer
10007	10007
10008	10008
10009	10009
10010	10010
10011	10011
10012	10012	SB0280 - 280 - LRB103 24970 AMQ 51304 b
10013	10013
10014	10014
10015	10015	SB0280- 281 -LRB103 24970 AMQ 51304 b SB0280 - 281 - LRB103 24970 AMQ 51304 b
10016	10016	SB0280 - 281 - LRB103 24970 AMQ 51304 b
10017	10017	1 or an employee who has direct contact with committed
10018	10018	2 persons in the performance of his or her job duties. For a
10019	10019	3 member who first becomes an employee under this Article on
10020	10020	4 or after July 1, 2005, the term means an employee of the
10021	10021	5 Department of Corrections or the Department of Juvenile
10022	10022	6 Justice who is any of the following: (i) officially
10023	10023	7 headquartered at a correctional facility or Juvenile
10024	10024	8 facility operated by the Department of Juvenile Justice,
10025	10025	9 (ii) a parole officer, (iii) a member of the apprehension
10026	10026	10 unit, (iv) a member of the intelligence unit, (v) a member
10027	10027	11 of the sort team, or (vi) an investigator.
10028	10028	12 (11) The term "dangerous drugs investigator" means any
10029	10029	13 person who is employed as such by the Department of Human
10030	10030	14 Services.
10031	10031	15 (12) The term "investigator for the Illinois State
10032	10032	16 Police" means a person employed by the Illinois State
10033	10033	17 Police who is vested under Section 4 of the Narcotic
10034	10034	18 Control Division Abolition Act with such law enforcement
10035	10035	19 powers as render him ineligible for coverage under the
10036	10036	20 Social Security Act by reason of Sections 218(d)(5)(A),
10037	10037	21 218(d)(8)(D) and 218(l)(1) of that Act.
10038	10038	22 (13) "Investigator for the Office of the Attorney
10039	10039	23 General" means any person who is employed as such by the
10040	10040	24 Office of the Attorney General and is vested with such
10041	10041	25 investigative duties as render him ineligible for coverage
10042	10042	26 under the Social Security Act by reason of Sections
10043	10043
10044	10044
10045	10045
10046	10046
10047	10047
10048	10048	SB0280 - 281 - LRB103 24970 AMQ 51304 b
10049	10049
10050	10050
10051	10051	SB0280- 282 -LRB103 24970 AMQ 51304 b SB0280 - 282 - LRB103 24970 AMQ 51304 b
10052	10052	SB0280 - 282 - LRB103 24970 AMQ 51304 b
10053	10053	1 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
10054	10054	2 the period before January 1, 1989, the term includes all
10055	10055	3 persons who were employed as investigators by the Office
10056	10056	4 of the Attorney General, without regard to social security
10057	10057	5 status.
10058	10058	6 (14) "Controlled substance inspector" means any person
10059	10059	7 who is employed as such by the Department of Professional
10060	10060	8 Regulation and is vested with such law enforcement duties
10061	10061	9 as render him ineligible for coverage under the Social
10062	10062	10 Security Act by reason of Sections 218(d)(5)(A),
10063	10063	11 218(d)(8)(D) and 218(l)(1) of that Act. The term
10064	10064	12 "controlled substance inspector" includes the Program
10065	10065	13 Executive of Enforcement and the Assistant Program
10066	10066	14 Executive of Enforcement.
10067	10067	15 (15) The term "investigator for the Office of the
10068	10068	16 State's Attorneys Appellate Prosecutor" means a person
10069	10069	17 employed in that capacity on a full-time basis under the
10070	10070	18 authority of Section 7.06 of the State's Attorneys
10071	10071	19 Appellate Prosecutor's Act.
10072	10072	20 (16) "Commerce Commission police officer" means any
10073	10073	21 person employed by the Illinois Commerce Commission who is
10074	10074	22 vested with such law enforcement duties as render him
10075	10075	23 ineligible for coverage under the Social Security Act by
10076	10076	24 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
10077	10077	25 218(l)(1) of that Act.
10078	10078	26 (17) "Arson investigator" means any person who is
10079	10079
10080	10080
10081	10081
10082	10082
10083	10083
10084	10084	SB0280 - 282 - LRB103 24970 AMQ 51304 b
10085	10085
10086	10086
10087	10087	SB0280- 283 -LRB103 24970 AMQ 51304 b SB0280 - 283 - LRB103 24970 AMQ 51304 b
10088	10088	SB0280 - 283 - LRB103 24970 AMQ 51304 b
10089	10089	1 employed as such by the Office of the State Fire Marshal
10090	10090	2 and is vested with such law enforcement duties as render
10091	10091	3 the person ineligible for coverage under the Social
10092	10092	4 Security Act by reason of Sections 218(d)(5)(A),
10093	10093	5 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
10094	10094	6 employed as an arson investigator on January 1, 1995 and
10095	10095	7 is no longer in service but not yet receiving a retirement
10096	10096	8 annuity may convert his or her creditable service for
10097	10097	9 employment as an arson investigator into eligible
10098	10098	10 creditable service by paying to the System the difference
10099	10099	11 between the employee contributions actually paid for that
10100	10100	12 service and the amounts that would have been contributed
10101	10101	13 if the applicant were contributing at the rate applicable
10102	10102	14 to persons with the same social security status earning
10103	10103	15 eligible creditable service on the date of application.
10104	10104	16 (18) The term "State highway maintenance worker" means
10105	10105	17 a person who is either of the following:
10106	10106	18 (i) A person employed on a full-time basis by the
10107	10107	19 Illinois Department of Transportation in the position
10108	10108	20 of highway maintainer, highway maintenance lead
10109	10109	21 worker, highway maintenance lead/lead worker, heavy
10110	10110	22 construction equipment operator, power shovel
10111	10111	23 operator, or bridge mechanic; and whose principal
10112	10112	24 responsibility is to perform, on the roadway, the
10113	10113	25 actual maintenance necessary to keep the highways that
10114	10114	26 form a part of the State highway system in serviceable
10115	10115
10116	10116
10117	10117
10118	10118
10119	10119
10120	10120	SB0280 - 283 - LRB103 24970 AMQ 51304 b
10121	10121
10122	10122
10123	10123	SB0280- 284 -LRB103 24970 AMQ 51304 b SB0280 - 284 - LRB103 24970 AMQ 51304 b
10124	10124	SB0280 - 284 - LRB103 24970 AMQ 51304 b
10125	10125	1 condition for vehicular traffic.
10126	10126	2 (ii) A person employed on a full-time basis by the
10127	10127	3 Illinois State Toll Highway Authority in the position
10128	10128	4 of equipment operator/laborer H-4, equipment
10129	10129	5 operator/laborer H-6, welder H-4, welder H-6,
10130	10130	6 mechanical/electrical H-4, mechanical/electrical H-6,
10131	10131	7 water/sewer H-4, water/sewer H-6, sign maker/hanger
10132	10132	8 H-4, sign maker/hanger H-6, roadway lighting H-4,
10133	10133	9 roadway lighting H-6, structural H-4, structural H-6,
10134	10134	10 painter H-4, or painter H-6; and whose principal
10135	10135	11 responsibility is to perform, on the roadway, the
10136	10136	12 actual maintenance necessary to keep the Authority's
10137	10137	13 tollways in serviceable condition for vehicular
10138	10138	14 traffic.
10139	10139	15 (19) The term "security employee of the Department of
10140	10140	16 Innovation and Technology" means a person who was a
10141	10141	17 security employee of the Department of Corrections or the
10142	10142	18 Department of Juvenile Justice, was transferred to the
10143	10143	19 Department of Innovation and Technology pursuant to
10144	10144	20 Executive Order 2016-01, and continues to perform similar
10145	10145	21 job functions under that Department.
10146	10146	22 (20) "Transferred employee" means an employee who was
10147	10147	23 transferred to the Department of Central Management
10148	10148	24 Services by Executive Order No. 2003-10 or Executive Order
10149	10149	25 No. 2004-2 or transferred to the Department of Innovation
10150	10150	26 and Technology by Executive Order No. 2016-1, or both, and
10151	10151
10152	10152
10153	10153
10154	10154
10155	10155
10156	10156	SB0280 - 284 - LRB103 24970 AMQ 51304 b
10157	10157
10158	10158
10159	10159	SB0280- 285 -LRB103 24970 AMQ 51304 b SB0280 - 285 - LRB103 24970 AMQ 51304 b
10160	10160	SB0280 - 285 - LRB103 24970 AMQ 51304 b
10161	10161	1 was entitled to eligible creditable service for services
10162	10162	2 immediately preceding the transfer.
10163	10163	3 (d) A security employee of the Department of Corrections
10164	10164	4 or the Department of Juvenile Justice, a security employee of
10165	10165	5 the Department of Human Services who is not a mental health
10166	10166	6 police officer, and a security employee of the Department of
10167	10167	7 Innovation and Technology shall not be eligible for the
10168	10168	8 alternative retirement annuity provided by this Section unless
10169	10169	9 he or she meets the following minimum age and service
10170	10170	10 requirements at the time of retirement:
10171	10171	11 (i) 25 years of eligible creditable service and age
10172	10172	12 55; or
10173	10173	13 (ii) beginning January 1, 1987, 25 years of eligible
10174	10174	14 creditable service and age 54, or 24 years of eligible
10175	10175	15 creditable service and age 55; or
10176	10176	16 (iii) beginning January 1, 1988, 25 years of eligible
10177	10177	17 creditable service and age 53, or 23 years of eligible
10178	10178	18 creditable service and age 55; or
10179	10179	19 (iv) beginning January 1, 1989, 25 years of eligible
10180	10180	20 creditable service and age 52, or 22 years of eligible
10181	10181	21 creditable service and age 55; or
10182	10182	22 (v) beginning January 1, 1990, 25 years of eligible
10183	10183	23 creditable service and age 51, or 21 years of eligible
10184	10184	24 creditable service and age 55; or
10185	10185	25 (vi) beginning January 1, 1991, 25 years of eligible
10186	10186	26 creditable service and age 50, or 20 years of eligible
10187	10187
10188	10188
10189	10189
10190	10190
10191	10191
10192	10192	SB0280 - 285 - LRB103 24970 AMQ 51304 b
10193	10193
10194	10194
10195	10195	SB0280- 286 -LRB103 24970 AMQ 51304 b SB0280 - 286 - LRB103 24970 AMQ 51304 b
10196	10196	SB0280 - 286 - LRB103 24970 AMQ 51304 b
10197	10197	1 creditable service and age 55.
10198	10198	2 Persons who have service credit under Article 16 of this
10199	10199	3 Code for service as a security employee of the Department of
10200	10200	4 Corrections or the Department of Juvenile Justice, or the
10201	10201	5 Department of Human Services in a position requiring
10202	10202	6 certification as a teacher may count such service toward
10203	10203	7 establishing their eligibility under the service requirements
10204	10204	8 of this Section; but such service may be used only for
10205	10205	9 establishing such eligibility, and not for the purpose of
10206	10206	10 increasing or calculating any benefit.
10207	10207	11 (e) If a member enters military service while working in a
10208	10208	12 position in which eligible creditable service may be earned,
10209	10209	13 and returns to State service in the same or another such
10210	10210	14 position, and fulfills in all other respects the conditions
10211	10211	15 prescribed in this Article for credit for military service,
10212	10212	16 such military service shall be credited as eligible creditable
10213	10213	17 service for the purposes of the retirement annuity prescribed
10214	10214	18 in this Section.
10215	10215	19 (f) For purposes of calculating retirement annuities under
10216	10216	20 this Section, periods of service rendered after December 31,
10217	10217	21 1968 and before October 1, 1975 as a covered employee in the
10218	10218	22 position of special agent, conservation police officer, mental
10219	10219	23 health police officer, or investigator for the Secretary of
10220	10220	24 State, shall be deemed to have been service as a noncovered
10221	10221	25 employee, provided that the employee pays to the System prior
10222	10222	26 to retirement an amount equal to (1) the difference between
10223	10223
10224	10224
10225	10225
10226	10226
10227	10227
10228	10228	SB0280 - 286 - LRB103 24970 AMQ 51304 b
10229	10229
10230	10230
10231	10231	SB0280- 287 -LRB103 24970 AMQ 51304 b SB0280 - 287 - LRB103 24970 AMQ 51304 b
10232	10232	SB0280 - 287 - LRB103 24970 AMQ 51304 b
10233	10233	1 the employee contributions that would have been required for
10234	10234	2 such service as a noncovered employee, and the amount of
10235	10235	3 employee contributions actually paid, plus (2) if payment is
10236	10236	4 made after July 31, 1987, regular interest on the amount
10237	10237	5 specified in item (1) from the date of service to the date of
10238	10238	6 payment.
10239	10239	7 For purposes of calculating retirement annuities under
10240	10240	8 this Section, periods of service rendered after December 31,
10241	10241	9 1968 and before January 1, 1982 as a covered employee in the
10242	10242	10 position of investigator for the Department of Revenue shall
10243	10243	11 be deemed to have been service as a noncovered employee,
10244	10244	12 provided that the employee pays to the System prior to
10245	10245	13 retirement an amount equal to (1) the difference between the
10246	10246	14 employee contributions that would have been required for such
10247	10247	15 service as a noncovered employee, and the amount of employee
10248	10248	16 contributions actually paid, plus (2) if payment is made after
10249	10249	17 January 1, 1990, regular interest on the amount specified in
10250	10250	18 item (1) from the date of service to the date of payment.
10251	10251	19 (g) A State policeman may elect, not later than January 1,
10252	10252	20 1990, to establish eligible creditable service for up to 10
10253	10253	21 years of his service as a policeman under Article 3, by filing
10254	10254	22 a written election with the Board, accompanied by payment of
10255	10255	23 an amount to be determined by the Board, equal to (i) the
10256	10256	24 difference between the amount of employee and employer
10257	10257	25 contributions transferred to the System under Section 3-110.5,
10258	10258	26 and the amounts that would have been contributed had such
10259	10259
10260	10260
10261	10261
10262	10262
10263	10263
10264	10264	SB0280 - 287 - LRB103 24970 AMQ 51304 b
10265	10265
10266	10266
10267	10267	SB0280- 288 -LRB103 24970 AMQ 51304 b SB0280 - 288 - LRB103 24970 AMQ 51304 b
10268	10268	SB0280 - 288 - LRB103 24970 AMQ 51304 b
10269	10269	1 contributions been made at the rates applicable to State
10270	10270	2 policemen, plus (ii) interest thereon at the effective rate
10271	10271	3 for each year, compounded annually, from the date of service
10272	10272	4 to the date of payment.
10273	10273	5 Subject to the limitation in subsection (i), a State
10274	10274	6 policeman may elect, not later than July 1, 1993, to establish
10275	10275	7 eligible creditable service for up to 10 years of his service
10276	10276	8 as a member of the County Police Department under Article 9, by
10277	10277	9 filing a written election with the Board, accompanied by
10278	10278	10 payment of an amount to be determined by the Board, equal to
10279	10279	11 (i) the difference between the amount of employee and employer
10280	10280	12 contributions transferred to the System under Section 9-121.10
10281	10281	13 and the amounts that would have been contributed had those
10282	10282	14 contributions been made at the rates applicable to State
10283	10283	15 policemen, plus (ii) interest thereon at the effective rate
10284	10284	16 for each year, compounded annually, from the date of service
10285	10285	17 to the date of payment.
10286	10286	18 (h) Subject to the limitation in subsection (i), a State
10287	10287	19 policeman or investigator for the Secretary of State may elect
10288	10288	20 to establish eligible creditable service for up to 12 years of
10289	10289	21 his service as a policeman under Article 5, by filing a written
10290	10290	22 election with the Board on or before January 31, 1992, and
10291	10291	23 paying to the System by January 31, 1994 an amount to be
10292	10292	24 determined by the Board, equal to (i) the difference between
10293	10293	25 the amount of employee and employer contributions transferred
10294	10294	26 to the System under Section 5-236, and the amounts that would
10295	10295
10296	10296
10297	10297
10298	10298
10299	10299
10300	10300	SB0280 - 288 - LRB103 24970 AMQ 51304 b
10301	10301
10302	10302
10303	10303	SB0280- 289 -LRB103 24970 AMQ 51304 b SB0280 - 289 - LRB103 24970 AMQ 51304 b
10304	10304	SB0280 - 289 - LRB103 24970 AMQ 51304 b
10305	10305	1 have been contributed had such contributions been made at the
10306	10306	2 rates applicable to State policemen, plus (ii) interest
10307	10307	3 thereon at the effective rate for each year, compounded
10308	10308	4 annually, from the date of service to the date of payment.
10309	10309	5 Subject to the limitation in subsection (i), a State
10310	10310	6 policeman, conservation police officer, or investigator for
10311	10311	7 the Secretary of State may elect to establish eligible
10312	10312	8 creditable service for up to 10 years of service as a sheriff's
10313	10313	9 law enforcement employee under Article 7, by filing a written
10314	10314	10 election with the Board on or before January 31, 1993, and
10315	10315	11 paying to the System by January 31, 1994 an amount to be
10316	10316	12 determined by the Board, equal to (i) the difference between
10317	10317	13 the amount of employee and employer contributions transferred
10318	10318	14 to the System under Section 7-139.7, and the amounts that
10319	10319	15 would have been contributed had such contributions been made
10320	10320	16 at the rates applicable to State policemen, plus (ii) interest
10321	10321	17 thereon at the effective rate for each year, compounded
10322	10322	18 annually, from the date of service to the date of payment.
10323	10323	19 Subject to the limitation in subsection (i), a State
10324	10324	20 policeman, conservation police officer, or investigator for
10325	10325	21 the Secretary of State may elect to establish eligible
10326	10326	22 creditable service for up to 5 years of service as a police
10327	10327	23 officer under Article 3, a policeman under Article 5, a
10328	10328	24 sheriff's law enforcement employee under Article 7, a member
10329	10329	25 of the county police department under Article 9, or a police
10330	10330	26 officer under Article 15 by filing a written election with the
10331	10331
10332	10332
10333	10333
10334	10334
10335	10335
10336	10336	SB0280 - 289 - LRB103 24970 AMQ 51304 b
10337	10337
10338	10338
10339	10339	SB0280- 290 -LRB103 24970 AMQ 51304 b SB0280 - 290 - LRB103 24970 AMQ 51304 b
10340	10340	SB0280 - 290 - LRB103 24970 AMQ 51304 b
10341	10341	1 Board and paying to the System an amount to be determined by
10342	10342	2 the Board, equal to (i) the difference between the amount of
10343	10343	3 employee and employer contributions transferred to the System
10344	10344	4 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
10345	10345	5 and the amounts that would have been contributed had such
10346	10346	6 contributions been made at the rates applicable to State
10347	10347	7 policemen, plus (ii) interest thereon at the effective rate
10348	10348	8 for each year, compounded annually, from the date of service
10349	10349	9 to the date of payment.
10350	10350	10 Subject to the limitation in subsection (i), an
10351	10351	11 investigator for the Office of the Attorney General, or an
10352	10352	12 investigator for the Department of Revenue, may elect to
10353	10353	13 establish eligible creditable service for up to 5 years of
10354	10354	14 service as a police officer under Article 3, a policeman under
10355	10355	15 Article 5, a sheriff's law enforcement employee under Article
10356	10356	16 7, or a member of the county police department under Article 9
10357	10357	17 by filing a written election with the Board within 6 months
10358	10358	18 after August 25, 2009 (the effective date of Public Act
10359	10359	19 96-745) and paying to the System an amount to be determined by
10360	10360	20 the Board, equal to (i) the difference between the amount of
10361	10361	21 employee and employer contributions transferred to the System
10362	10362	22 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
10363	10363	23 amounts that would have been contributed had such
10364	10364	24 contributions been made at the rates applicable to State
10365	10365	25 policemen, plus (ii) interest thereon at the actuarially
10366	10366	26 assumed rate for each year, compounded annually, from the date
10367	10367
10368	10368
10369	10369
10370	10370
10371	10371
10372	10372	SB0280 - 290 - LRB103 24970 AMQ 51304 b
10373	10373
10374	10374
10375	10375	SB0280- 291 -LRB103 24970 AMQ 51304 b SB0280 - 291 - LRB103 24970 AMQ 51304 b
10376	10376	SB0280 - 291 - LRB103 24970 AMQ 51304 b
10377	10377	1 of service to the date of payment.
10378	10378	2 Subject to the limitation in subsection (i), a State
10379	10379	3 policeman, conservation police officer, investigator for the
10380	10380	4 Office of the Attorney General, an investigator for the
10381	10381	5 Department of Revenue, or investigator for the Secretary of
10382	10382	6 State may elect to establish eligible creditable service for
10383	10383	7 up to 5 years of service as a person employed by a
10384	10384	8 participating municipality to perform police duties, or law
10385	10385	9 enforcement officer employed on a full-time basis by a forest
10386	10386	10 preserve district under Article 7, a county corrections
10387	10387	11 officer, or a court services officer under Article 9, by
10388	10388	12 filing a written election with the Board within 6 months after
10389	10389	13 August 25, 2009 (the effective date of Public Act 96-745) and
10390	10390	14 paying to the System an amount to be determined by the Board,
10391	10391	15 equal to (i) the difference between the amount of employee and
10392	10392	16 employer contributions transferred to the System under
10393	10393	17 Sections 7-139.8 and 9-121.10 and the amounts that would have
10394	10394	18 been contributed had such contributions been made at the rates
10395	10395	19 applicable to State policemen, plus (ii) interest thereon at
10396	10396	20 the actuarially assumed rate for each year, compounded
10397	10397	21 annually, from the date of service to the date of payment.
10398	10398	22 Subject to the limitation in subsection (i), a State
10399	10399	23 policeman, arson investigator, or Commerce Commission police
10400	10400	24 officer may elect to establish eligible creditable service for
10401	10401	25 up to 5 years of service as a person employed by a
10402	10402	26 participating municipality to perform police duties under
10403	10403
10404	10404
10405	10405
10406	10406
10407	10407
10408	10408	SB0280 - 291 - LRB103 24970 AMQ 51304 b
10409	10409
10410	10410
10411	10411	SB0280- 292 -LRB103 24970 AMQ 51304 b SB0280 - 292 - LRB103 24970 AMQ 51304 b
10412	10412	SB0280 - 292 - LRB103 24970 AMQ 51304 b
10413	10413	1 Article 7, a county corrections officer, a court services
10414	10414	2 officer under Article 9, or a firefighter under Article 4 by
10415	10415	3 filing a written election with the Board within 6 months after
10416	10416	4 July 30, 2021 (the effective date of Public Act 102-210) and
10417	10417	5 paying to the System an amount to be determined by the Board
10418	10418	6 equal to (i) the difference between the amount of employee and
10419	10419	7 employer contributions transferred to the System under
10420	10420	8 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
10421	10421	9 would have been contributed had such contributions been made
10422	10422	10 at the rates applicable to State policemen, plus (ii) interest
10423	10423	11 thereon at the actuarially assumed rate for each year,
10424	10424	12 compounded annually, from the date of service to the date of
10425	10425	13 payment.
10426	10426	14 Subject to the limitation in subsection (i), a
10427	10427	15 conservation police officer may elect to establish eligible
10428	10428	16 creditable service for up to 5 years of service as a person
10429	10429	17 employed by a participating municipality to perform police
10430	10430	18 duties under Article 7, a county corrections officer, or a
10431	10431	19 court services officer under Article 9 by filing a written
10432	10432	20 election with the Board within 6 months after July 30, 2021
10433	10433	21 (the effective date of Public Act 102-210) and paying to the
10434	10434	22 System an amount to be determined by the Board equal to (i) the
10435	10435	23 difference between the amount of employee and employer
10436	10436	24 contributions transferred to the System under Sections 7-139.8
10437	10437	25 and 9-121.10 and the amounts that would have been contributed
10438	10438	26 had such contributions been made at the rates applicable to
10439	10439
10440	10440
10441	10441
10442	10442
10443	10443
10444	10444	SB0280 - 292 - LRB103 24970 AMQ 51304 b
10445	10445
10446	10446
10447	10447	SB0280- 293 -LRB103 24970 AMQ 51304 b SB0280 - 293 - LRB103 24970 AMQ 51304 b
10448	10448	SB0280 - 293 - LRB103 24970 AMQ 51304 b
10449	10449	1 State policemen, plus (ii) interest thereon at the actuarially
10450	10450	2 assumed rate for each year, compounded annually, from the date
10451	10451	3 of service to the date of payment.
10452	10452	4 Subject to the limitation in subsection (i), an
10453	10453	5 investigator for the Department of Revenue, investigator for
10454	10454	6 the Department of Lottery and Gaming Illinois Gaming Board,
10455	10455	7 investigator for the Secretary of State, or arson investigator
10456	10456	8 may elect to establish eligible creditable service for up to 5
10457	10457	9 years of service as a person employed by a participating
10458	10458	10 municipality to perform police duties under Article 7, a
10459	10459	11 county corrections officer, a court services officer under
10460	10460	12 Article 9, or a firefighter under Article 4 by filing a written
10461	10461	13 election with the Board within 6 months after the effective
10462	10462	14 date of this amendatory Act of the 102nd General Assembly and
10463	10463	15 paying to the System an amount to be determined by the Board
10464	10464	16 equal to (i) the difference between the amount of employee and
10465	10465	17 employer contributions transferred to the System under
10466	10466	18 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
10467	10467	19 would have been contributed had such contributions been made
10468	10468	20 at the rates applicable to State policemen, plus (ii) interest
10469	10469	21 thereon at the actuarially assumed rate for each year,
10470	10470	22 compounded annually, from the date of service to the date of
10471	10471	23 payment.
10472	10472	24 Notwithstanding the limitation in subsection (i), a State
10473	10473	25 policeman or conservation police officer may elect to convert
10474	10474	26 service credit earned under this Article to eligible
10475	10475
10476	10476
10477	10477
10478	10478
10479	10479
10480	10480	SB0280 - 293 - LRB103 24970 AMQ 51304 b
10481	10481
10482	10482
10483	10483	SB0280- 294 -LRB103 24970 AMQ 51304 b SB0280 - 294 - LRB103 24970 AMQ 51304 b
10484	10484	SB0280 - 294 - LRB103 24970 AMQ 51304 b
10485	10485	1 creditable service, as defined by this Section, by filing a
10486	10486	2 written election with the board within 6 months after July 30,
10487	10487	3 2021 (the effective date of Public Act 102-210) and paying to
10488	10488	4 the System an amount to be determined by the Board equal to (i)
10489	10489	5 the difference between the amount of employee contributions
10490	10490	6 originally paid for that service and the amounts that would
10491	10491	7 have been contributed had such contributions been made at the
10492	10492	8 rates applicable to State policemen, plus (ii) the difference
10493	10493	9 between the employer's normal cost of the credit prior to the
10494	10494	10 conversion authorized by Public Act 102-210 and the employer's
10495	10495	11 normal cost of the credit converted in accordance with Public
10496	10496	12 Act 102-210, plus (iii) interest thereon at the actuarially
10497	10497	13 assumed rate for each year, compounded annually, from the date
10498	10498	14 of service to the date of payment.
10499	10499	15 Notwithstanding the limitation in subsection (i), an
10500	10500	16 investigator for the Department of Revenue, investigator for
10501	10501	17 the Department of Lottery and Gaming Illinois Gaming Board,
10502	10502	18 investigator for the Secretary of State, or arson investigator
10503	10503	19 may elect to convert service credit earned under this Article
10504	10504	20 to eligible creditable service, as defined by this Section, by
10505	10505	21 filing a written election with the Board within 6 months after
10506	10506	22 the effective date of this amendatory Act of the 102nd General
10507	10507	23 Assembly and paying to the System an amount to be determined by
10508	10508	24 the Board equal to (i) the difference between the amount of
10509	10509	25 employee contributions originally paid for that service and
10510	10510	26 the amounts that would have been contributed had such
10511	10511
10512	10512
10513	10513
10514	10514
10515	10515
10516	10516	SB0280 - 294 - LRB103 24970 AMQ 51304 b
10517	10517
10518	10518
10519	10519	SB0280- 295 -LRB103 24970 AMQ 51304 b SB0280 - 295 - LRB103 24970 AMQ 51304 b
10520	10520	SB0280 - 295 - LRB103 24970 AMQ 51304 b
10521	10521	1 contributions been made at the rates applicable to
10522	10522	2 investigators for the Department of Revenue, investigators for
10523	10523	3 the Department of Lottery and Gaming Illinois Gaming Board,
10524	10524	4 investigators for the Secretary of State, or arson
10525	10525	5 investigators, plus (ii) the difference between the employer's
10526	10526	6 normal cost of the credit prior to the conversion authorized
10527	10527	7 by this amendatory Act of the 102nd General Assembly and the
10528	10528	8 employer's normal cost of the credit converted in accordance
10529	10529	9 with this amendatory Act of the 102nd General Assembly, plus
10530	10530	10 (iii) interest thereon at the actuarially assumed rate for
10531	10531	11 each year, compounded annually, from the date of service to
10532	10532	12 the date of payment.
10533	10533	13 (i) The total amount of eligible creditable service
10534	10534	14 established by any person under subsections (g), (h), (j),
10535	10535	15 (k), (l), (l-5), and (o) of this Section shall not exceed 12
10536	10536	16 years.
10537	10537	17 (j) Subject to the limitation in subsection (i), an
10538	10538	18 investigator for the Office of the State's Attorneys Appellate
10539	10539	19 Prosecutor or a controlled substance inspector may elect to
10540	10540	20 establish eligible creditable service for up to 10 years of
10541	10541	21 his service as a policeman under Article 3 or a sheriff's law
10542	10542	22 enforcement employee under Article 7, by filing a written
10543	10543	23 election with the Board, accompanied by payment of an amount
10544	10544	24 to be determined by the Board, equal to (1) the difference
10545	10545	25 between the amount of employee and employer contributions
10546	10546	26 transferred to the System under Section 3-110.6 or 7-139.8,
10547	10547
10548	10548
10549	10549
10550	10550
10551	10551
10552	10552	SB0280 - 295 - LRB103 24970 AMQ 51304 b
10553	10553
10554	10554
10555	10555	SB0280- 296 -LRB103 24970 AMQ 51304 b SB0280 - 296 - LRB103 24970 AMQ 51304 b
10556	10556	SB0280 - 296 - LRB103 24970 AMQ 51304 b
10557	10557	1 and the amounts that would have been contributed had such
10558	10558	2 contributions been made at the rates applicable to State
10559	10559	3 policemen, plus (2) interest thereon at the effective rate for
10560	10560	4 each year, compounded annually, from the date of service to
10561	10561	5 the date of payment.
10562	10562	6 (k) Subject to the limitation in subsection (i) of this
10563	10563	7 Section, an alternative formula employee may elect to
10564	10564	8 establish eligible creditable service for periods spent as a
10565	10565	9 full-time law enforcement officer or full-time corrections
10566	10566	10 officer employed by the federal government or by a state or
10567	10567	11 local government located outside of Illinois, for which credit
10568	10568	12 is not held in any other public employee pension fund or
10569	10569	13 retirement system. To obtain this credit, the applicant must
10570	10570	14 file a written application with the Board by March 31, 1998,
10571	10571	15 accompanied by evidence of eligibility acceptable to the Board
10572	10572	16 and payment of an amount to be determined by the Board, equal
10573	10573	17 to (1) employee contributions for the credit being
10574	10574	18 established, based upon the applicant's salary on the first
10575	10575	19 day as an alternative formula employee after the employment
10576	10576	20 for which credit is being established and the rates then
10577	10577	21 applicable to alternative formula employees, plus (2) an
10578	10578	22 amount determined by the Board to be the employer's normal
10579	10579	23 cost of the benefits accrued for the credit being established,
10580	10580	24 plus (3) regular interest on the amounts in items (1) and (2)
10581	10581	25 from the first day as an alternative formula employee after
10582	10582	26 the employment for which credit is being established to the
10583	10583
10584	10584
10585	10585
10586	10586
10587	10587
10588	10588	SB0280 - 296 - LRB103 24970 AMQ 51304 b
10589	10589
10590	10590
10591	10591	SB0280- 297 -LRB103 24970 AMQ 51304 b SB0280 - 297 - LRB103 24970 AMQ 51304 b
10592	10592	SB0280 - 297 - LRB103 24970 AMQ 51304 b
10593	10593	1 date of payment.
10594	10594	2 (l) Subject to the limitation in subsection (i), a
10595	10595	3 security employee of the Department of Corrections may elect,
10596	10596	4 not later than July 1, 1998, to establish eligible creditable
10597	10597	5 service for up to 10 years of his or her service as a policeman
10598	10598	6 under Article 3, by filing a written election with the Board,
10599	10599	7 accompanied by payment of an amount to be determined by the
10600	10600	8 Board, equal to (i) the difference between the amount of
10601	10601	9 employee and employer contributions transferred to the System
10602	10602	10 under Section 3-110.5, and the amounts that would have been
10603	10603	11 contributed had such contributions been made at the rates
10604	10604	12 applicable to security employees of the Department of
10605	10605	13 Corrections, plus (ii) interest thereon at the effective rate
10606	10606	14 for each year, compounded annually, from the date of service
10607	10607	15 to the date of payment.
10608	10608	16 (l-5) Subject to the limitation in subsection (i) of this
10609	10609	17 Section, a State policeman may elect to establish eligible
10610	10610	18 creditable service for up to 5 years of service as a full-time
10611	10611	19 law enforcement officer employed by the federal government or
10612	10612	20 by a state or local government located outside of Illinois for
10613	10613	21 which credit is not held in any other public employee pension
10614	10614	22 fund or retirement system. To obtain this credit, the
10615	10615	23 applicant must file a written application with the Board no
10616	10616	24 later than 3 years after January 1, 2020 (the effective date of
10617	10617	25 Public Act 101-610), accompanied by evidence of eligibility
10618	10618	26 acceptable to the Board and payment of an amount to be
10619	10619
10620	10620
10621	10621
10622	10622
10623	10623
10624	10624	SB0280 - 297 - LRB103 24970 AMQ 51304 b
10625	10625
10626	10626
10627	10627	SB0280- 298 -LRB103 24970 AMQ 51304 b SB0280 - 298 - LRB103 24970 AMQ 51304 b
10628	10628	SB0280 - 298 - LRB103 24970 AMQ 51304 b
10629	10629	1 determined by the Board, equal to (1) employee contributions
10630	10630	2 for the credit being established, based upon the applicant's
10631	10631	3 salary on the first day as an alternative formula employee
10632	10632	4 after the employment for which credit is being established and
10633	10633	5 the rates then applicable to alternative formula employees,
10634	10634	6 plus (2) an amount determined by the Board to be the employer's
10635	10635	7 normal cost of the benefits accrued for the credit being
10636	10636	8 established, plus (3) regular interest on the amounts in items
10637	10637	9 (1) and (2) from the first day as an alternative formula
10638	10638	10 employee after the employment for which credit is being
10639	10639	11 established to the date of payment.
10640	10640	12 (m) The amendatory changes to this Section made by Public
10641	10641	13 Act 94-696 apply only to: (1) security employees of the
10642	10642	14 Department of Juvenile Justice employed by the Department of
10643	10643	15 Corrections before June 1, 2006 (the effective date of Public
10644	10644	16 Act 94-696) and transferred to the Department of Juvenile
10645	10645	17 Justice by Public Act 94-696; and (2) persons employed by the
10646	10646	18 Department of Juvenile Justice on or after June 1, 2006 (the
10647	10647	19 effective date of Public Act 94-696) who are required by
10648	10648	20 subsection (b) of Section 3-2.5-15 of the Unified Code of
10649	10649	21 Corrections to have any bachelor's or advanced degree from an
10650	10650	22 accredited college or university or, in the case of persons
10651	10651	23 who provide vocational training, who are required to have
10652	10652	24 adequate knowledge in the skill for which they are providing
10653	10653	25 the vocational training.
10654	10654	26 (n) A person employed in a position under subsection (b)
10655	10655
10656	10656
10657	10657
10658	10658
10659	10659
10660	10660	SB0280 - 298 - LRB103 24970 AMQ 51304 b
10661	10661
10662	10662
10663	10663	SB0280- 299 -LRB103 24970 AMQ 51304 b SB0280 - 299 - LRB103 24970 AMQ 51304 b
10664	10664	SB0280 - 299 - LRB103 24970 AMQ 51304 b
10665	10665	1 of this Section who has purchased service credit under
10666	10666	2 subsection (j) of Section 14-104 or subsection (b) of Section
10667	10667	3 14-105 in any other capacity under this Article may convert up
10668	10668	4 to 5 years of that service credit into service credit covered
10669	10669	5 under this Section by paying to the Fund an amount equal to (1)
10670	10670	6 the additional employee contribution required under Section
10671	10671	7 14-133, plus (2) the additional employer contribution required
10672	10672	8 under Section 14-131, plus (3) interest on items (1) and (2) at
10673	10673	9 the actuarially assumed rate from the date of the service to
10674	10674	10 the date of payment.
10675	10675	11 (o) Subject to the limitation in subsection (i), a
10676	10676	12 conservation police officer, investigator for the Secretary of
10677	10677	13 State, Commerce Commission police officer, investigator for
10678	10678	14 the Department of Revenue or the Department of Lottery and
10679	10679	15 Gaming Illinois Gaming Board, or arson investigator subject to
10680	10680	16 subsection (g) of Section 1-160 may elect to convert up to 8
10681	10681	17 years of service credit established before January 1, 2020
10682	10682	18 (the effective date of Public Act 101-610) as a conservation
10683	10683	19 police officer, investigator for the Secretary of State,
10684	10684	20 Commerce Commission police officer, investigator for the
10685	10685	21 Department of Revenue or the Department of Lottery and Gaming
10686	10686	22 Illinois Gaming Board, or arson investigator under this
10687	10687	23 Article into eligible creditable service by filing a written
10688	10688	24 election with the Board no later than one year after January 1,
10689	10689	25 2020 (the effective date of Public Act 101-610), accompanied
10690	10690	26 by payment of an amount to be determined by the Board equal to
10691	10691
10692	10692
10693	10693
10694	10694
10695	10695
10696	10696	SB0280 - 299 - LRB103 24970 AMQ 51304 b
10697	10697
10698	10698
10699	10699	SB0280- 300 -LRB103 24970 AMQ 51304 b SB0280 - 300 - LRB103 24970 AMQ 51304 b
10700	10700	SB0280 - 300 - LRB103 24970 AMQ 51304 b
10701	10701	1 (i) the difference between the amount of the employee
10702	10702	2 contributions actually paid for that service and the amount of
10703	10703	3 the employee contributions that would have been paid had the
10704	10704	4 employee contributions been made as a noncovered employee
10705	10705	5 serving in a position in which eligible creditable service, as
10706	10706	6 defined in this Section, may be earned, plus (ii) interest
10707	10707	7 thereon at the effective rate for each year, compounded
10708	10708	8 annually, from the date of service to the date of payment.
10709	10709	9 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
10710	10710	10 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
10711	10711	11 (Text of Section from P.A. 102-956)
10712	10712	12 Sec. 14-110. Alternative retirement annuity.
10713	10713	13 (a) Any member who has withdrawn from service with not
10714	10714	14 less than 20 years of eligible creditable service and has
10715	10715	15 attained age 55, and any member who has withdrawn from service
10716	10716	16 with not less than 25 years of eligible creditable service and
10717	10717	17 has attained age 50, regardless of whether the attainment of
10718	10718	18 either of the specified ages occurs while the member is still
10719	10719	19 in service, shall be entitled to receive at the option of the
10720	10720	20 member, in lieu of the regular or minimum retirement annuity,
10721	10721	21 a retirement annuity computed as follows:
10722	10722	22 (i) for periods of service as a noncovered employee:
10723	10723	23 if retirement occurs on or after January 1, 2001, 3% of
10724	10724	24 final average compensation for each year of creditable
10725	10725	25 service; if retirement occurs before January 1, 2001, 2
10726	10726
10727	10727
10728	10728
10729	10729
10730	10730
10731	10731	SB0280 - 300 - LRB103 24970 AMQ 51304 b
10732	10732
10733	10733
10734	10734	SB0280- 301 -LRB103 24970 AMQ 51304 b SB0280 - 301 - LRB103 24970 AMQ 51304 b
10735	10735	SB0280 - 301 - LRB103 24970 AMQ 51304 b
10736	10736	1 1/4% of final average compensation for each of the first
10737	10737	2 10 years of creditable service, 2 1/2% for each year above
10738	10738	3 10 years to and including 20 years of creditable service,
10739	10739	4 and 2 3/4% for each year of creditable service above 20
10740	10740	5 years; and
10741	10741	6 (ii) for periods of eligible creditable service as a
10742	10742	7 covered employee: if retirement occurs on or after January
10743	10743	8 1, 2001, 2.5% of final average compensation for each year
10744	10744	9 of creditable service; if retirement occurs before January
10745	10745	10 1, 2001, 1.67% of final average compensation for each of
10746	10746	11 the first 10 years of such service, 1.90% for each of the
10747	10747	12 next 10 years of such service, 2.10% for each year of such
10748	10748	13 service in excess of 20 but not exceeding 30, and 2.30% for
10749	10749	14 each year in excess of 30.
10750	10750	15 Such annuity shall be subject to a maximum of 75% of final
10751	10751	16 average compensation if retirement occurs before January 1,
10752	10752	17 2001 or to a maximum of 80% of final average compensation if
10753	10753	18 retirement occurs on or after January 1, 2001.
10754	10754	19 These rates shall not be applicable to any service
10755	10755	20 performed by a member as a covered employee which is not
10756	10756	21 eligible creditable service. Service as a covered employee
10757	10757	22 which is not eligible creditable service shall be subject to
10758	10758	23 the rates and provisions of Section 14-108.
10759	10759	24 (b) For the purpose of this Section, "eligible creditable
10760	10760	25 service" means creditable service resulting from service in
10761	10761	26 one or more of the following positions:
10762	10762
10763	10763
10764	10764
10765	10765
10766	10766
10767	10767	SB0280 - 301 - LRB103 24970 AMQ 51304 b
10768	10768
10769	10769
10770	10770	SB0280- 302 -LRB103 24970 AMQ 51304 b SB0280 - 302 - LRB103 24970 AMQ 51304 b
10771	10771	SB0280 - 302 - LRB103 24970 AMQ 51304 b
10772	10772	1 (1) State policeman;
10773	10773	2 (2) fire fighter in the fire protection service of a
10774	10774	3 department;
10775	10775	4 (3) air pilot;
10776	10776	5 (4) special agent;
10777	10777	6 (5) investigator for the Secretary of State;
10778	10778	7 (6) conservation police officer;
10779	10779	8 (7) investigator for the Department of Revenue or the
10780	10780	9 Department of Lottery and Gaming Illinois Gaming Board;
10781	10781	10 (8) security employee of the Department of Human
10782	10782	11 Services;
10783	10783	12 (9) Central Management Services security police
10784	10784	13 officer;
10785	10785	14 (10) security employee of the Department of
10786	10786	15 Corrections or the Department of Juvenile Justice;
10787	10787	16 (11) dangerous drugs investigator;
10788	10788	17 (12) investigator for the Illinois State Police;
10789	10789	18 (13) investigator for the Office of the Attorney
10790	10790	19 General;
10791	10791	20 (14) controlled substance inspector;
10792	10792	21 (15) investigator for the Office of the State's
10793	10793	22 Attorneys Appellate Prosecutor;
10794	10794	23 (16) Commerce Commission police officer;
10795	10795	24 (17) arson investigator;
10796	10796	25 (18) State highway maintenance worker;
10797	10797	26 (19) security employee of the Department of Innovation
10798	10798
10799	10799
10800	10800
10801	10801
10802	10802
10803	10803	SB0280 - 302 - LRB103 24970 AMQ 51304 b
10804	10804
10805	10805
10806	10806	SB0280- 303 -LRB103 24970 AMQ 51304 b SB0280 - 303 - LRB103 24970 AMQ 51304 b
10807	10807	SB0280 - 303 - LRB103 24970 AMQ 51304 b
10808	10808	1 and Technology; or
10809	10809	2 (20) transferred employee.
10810	10810	3 A person employed in one of the positions specified in
10811	10811	4 this subsection is entitled to eligible creditable service for
10812	10812	5 service credit earned under this Article while undergoing the
10813	10813	6 basic police training course approved by the Illinois Law
10814	10814	7 Enforcement Training Standards Board, if completion of that
10815	10815	8 training is required of persons serving in that position. For
10816	10816	9 the purposes of this Code, service during the required basic
10817	10817	10 police training course shall be deemed performance of the
10818	10818	11 duties of the specified position, even though the person is
10819	10819	12 not a sworn peace officer at the time of the training.
10820	10820	13 A person under paragraph (20) is entitled to eligible
10821	10821	14 creditable service for service credit earned under this
10822	10822	15 Article on and after his or her transfer by Executive Order No.
10823	10823	16 2003-10, Executive Order No. 2004-2, or Executive Order No.
10824	10824	17 2016-1.
10825	10825	18 (c) For the purposes of this Section:
10826	10826	19 (1) The term "State policeman" includes any title or
10827	10827	20 position in the Illinois State Police that is held by an
10828	10828	21 individual employed under the Illinois State Police Act.
10829	10829	22 (2) The term "fire fighter in the fire protection
10830	10830	23 service of a department" includes all officers in such
10831	10831	24 fire protection service including fire chiefs and
10832	10832	25 assistant fire chiefs.
10833	10833	26 (3) The term "air pilot" includes any employee whose
10834	10834
10835	10835
10836	10836
10837	10837
10838	10838
10839	10839	SB0280 - 303 - LRB103 24970 AMQ 51304 b
10840	10840
10841	10841
10842	10842	SB0280- 304 -LRB103 24970 AMQ 51304 b SB0280 - 304 - LRB103 24970 AMQ 51304 b
10843	10843	SB0280 - 304 - LRB103 24970 AMQ 51304 b
10844	10844	1 official job description on file in the Department of
10845	10845	2 Central Management Services, or in the department by which
10846	10846	3 he is employed if that department is not covered by the
10847	10847	4 Personnel Code, states that his principal duty is the
10848	10848	5 operation of aircraft, and who possesses a pilot's
10849	10849	6 license; however, the change in this definition made by
10850	10850	7 Public Act 83-842 shall not operate to exclude any
10851	10851	8 noncovered employee who was an "air pilot" for the
10852	10852	9 purposes of this Section on January 1, 1984.
10853	10853	10 (4) The term "special agent" means any person who by
10854	10854	11 reason of employment by the Division of Narcotic Control,
10855	10855	12 the Bureau of Investigation or, after July 1, 1977, the
10856	10856	13 Division of Criminal Investigation, the Division of
10857	10857	14 Internal Investigation, the Division of Operations, the
10858	10858	15 Division of Patrol Operations, or any other Division or
10859	10859	16 organizational entity in the Illinois State Police is
10860	10860	17 vested by law with duties to maintain public order,
10861	10861	18 investigate violations of the criminal law of this State,
10862	10862	19 enforce the laws of this State, make arrests and recover
10863	10863	20 property. The term "special agent" includes any title or
10864	10864	21 position in the Illinois State Police that is held by an
10865	10865	22 individual employed under the Illinois State Police Act.
10866	10866	23 (5) The term "investigator for the Secretary of State"
10867	10867	24 means any person employed by the Office of the Secretary
10868	10868	25 of State and vested with such investigative duties as
10869	10869	26 render him ineligible for coverage under the Social
10870	10870
10871	10871
10872	10872
10873	10873
10874	10874
10875	10875	SB0280 - 304 - LRB103 24970 AMQ 51304 b
10876	10876
10877	10877
10878	10878	SB0280- 305 -LRB103 24970 AMQ 51304 b SB0280 - 305 - LRB103 24970 AMQ 51304 b
10879	10879	SB0280 - 305 - LRB103 24970 AMQ 51304 b
10880	10880	1 Security Act by reason of Sections 218(d)(5)(A),
10881	10881	2 218(d)(8)(D) and 218(l)(1) of that Act.
10882	10882	3 A person who became employed as an investigator for
10883	10883	4 the Secretary of State between January 1, 1967 and
10884	10884	5 December 31, 1975, and who has served as such until
10885	10885	6 attainment of age 60, either continuously or with a single
10886	10886	7 break in service of not more than 3 years duration, which
10887	10887	8 break terminated before January 1, 1976, shall be entitled
10888	10888	9 to have his retirement annuity calculated in accordance
10889	10889	10 with subsection (a), notwithstanding that he has less than
10890	10890	11 20 years of credit for such service.
10891	10891	12 (6) The term "Conservation Police Officer" means any
10892	10892	13 person employed by the Division of Law Enforcement of the
10893	10893	14 Department of Natural Resources and vested with such law
10894	10894	15 enforcement duties as render him ineligible for coverage
10895	10895	16 under the Social Security Act by reason of Sections
10896	10896	17 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
10897	10897	18 term "Conservation Police Officer" includes the positions
10898	10898	19 of Chief Conservation Police Administrator and Assistant
10899	10899	20 Conservation Police Administrator.
10900	10900	21 (7) The term "investigator for the Department of
10901	10901	22 Revenue" means any person employed by the Department of
10902	10902	23 Revenue and vested with such investigative duties as
10903	10903	24 render him ineligible for coverage under the Social
10904	10904	25 Security Act by reason of Sections 218(d)(5)(A),
10905	10905	26 218(d)(8)(D) and 218(l)(1) of that Act.
10906	10906
10907	10907
10908	10908
10909	10909
10910	10910
10911	10911	SB0280 - 305 - LRB103 24970 AMQ 51304 b
10912	10912
10913	10913
10914	10914	SB0280- 306 -LRB103 24970 AMQ 51304 b SB0280 - 306 - LRB103 24970 AMQ 51304 b
10915	10915	SB0280 - 306 - LRB103 24970 AMQ 51304 b
10916	10916	1 The term "investigator for the Department of Lottery
10917	10917	2 and Gaming Illinois Gaming Board" means any person
10918	10918	3 employed as such by the Department of Lottery and Gaming
10919	10919	4 Illinois Gaming Board and vested with such peace officer
10920	10920	5 duties as render the person ineligible for coverage under
10921	10921	6 the Social Security Act by reason of Sections
10922	10922	7 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act.
10923	10923	8 (8) The term "security employee of the Department of
10924	10924	9 Human Services" means any person employed by the
10925	10925	10 Department of Human Services who (i) is employed at the
10926	10926	11 Chester Mental Health Center and has daily contact with
10927	10927	12 the residents thereof, (ii) is employed within a security
10928	10928	13 unit at a facility operated by the Department and has
10929	10929	14 daily contact with the residents of the security unit,
10930	10930	15 (iii) is employed at a facility operated by the Department
10931	10931	16 that includes a security unit and is regularly scheduled
10932	10932	17 to work at least 50% of his or her working hours within
10933	10933	18 that security unit, or (iv) is a mental health police
10934	10934	19 officer. "Mental health police officer" means any person
10935	10935	20 employed by the Department of Human Services in a position
10936	10936	21 pertaining to the Department's mental health and
10937	10937	22 developmental disabilities functions who is vested with
10938	10938	23 such law enforcement duties as render the person
10939	10939	24 ineligible for coverage under the Social Security Act by
10940	10940	25 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
10941	10941	26 218(l)(1) of that Act. "Security unit" means that portion
10942	10942
10943	10943
10944	10944
10945	10945
10946	10946
10947	10947	SB0280 - 306 - LRB103 24970 AMQ 51304 b
10948	10948
10949	10949
10950	10950	SB0280- 307 -LRB103 24970 AMQ 51304 b SB0280 - 307 - LRB103 24970 AMQ 51304 b
10951	10951	SB0280 - 307 - LRB103 24970 AMQ 51304 b
10952	10952	1 of a facility that is devoted to the care, containment,
10953	10953	2 and treatment of persons committed to the Department of
10954	10954	3 Human Services as sexually violent persons, persons unfit
10955	10955	4 to stand trial, or persons not guilty by reason of
10956	10956	5 insanity. With respect to past employment, references to
10957	10957	6 the Department of Human Services include its predecessor,
10958	10958	7 the Department of Mental Health and Developmental
10959	10959	8 Disabilities.
10960	10960	9 The changes made to this subdivision (c)(8) by Public
10961	10961	10 Act 92-14 apply to persons who retire on or after January
10962	10962	11 1, 2001, notwithstanding Section 1-103.1.
10963	10963	12 (9) "Central Management Services security police
10964	10964	13 officer" means any person employed by the Department of
10965	10965	14 Central Management Services who is vested with such law
10966	10966	15 enforcement duties as render him ineligible for coverage
10967	10967	16 under the Social Security Act by reason of Sections
10968	10968	17 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10969	10969	18 (10) For a member who first became an employee under
10970	10970	19 this Article before July 1, 2005, the term "security
10971	10971	20 employee of the Department of Corrections or the
10972	10972	21 Department of Juvenile Justice" means any employee of the
10973	10973	22 Department of Corrections or the Department of Juvenile
10974	10974	23 Justice or the former Department of Personnel, and any
10975	10975	24 member or employee of the Prisoner Review Board, who has
10976	10976	25 daily contact with inmates or youth by working within a
10977	10977	26 correctional facility or Juvenile facility operated by the
10978	10978
10979	10979
10980	10980
10981	10981
10982	10982
10983	10983	SB0280 - 307 - LRB103 24970 AMQ 51304 b
10984	10984
10985	10985
10986	10986	SB0280- 308 -LRB103 24970 AMQ 51304 b SB0280 - 308 - LRB103 24970 AMQ 51304 b
10987	10987	SB0280 - 308 - LRB103 24970 AMQ 51304 b
10988	10988	1 Department of Juvenile Justice or who is a parole officer
10989	10989	2 or an employee who has direct contact with committed
10990	10990	3 persons in the performance of his or her job duties. For a
10991	10991	4 member who first becomes an employee under this Article on
10992	10992	5 or after July 1, 2005, the term means an employee of the
10993	10993	6 Department of Corrections or the Department of Juvenile
10994	10994	7 Justice who is any of the following: (i) officially
10995	10995	8 headquartered at a correctional facility or Juvenile
10996	10996	9 facility operated by the Department of Juvenile Justice,
10997	10997	10 (ii) a parole officer, (iii) a member of the apprehension
10998	10998	11 unit, (iv) a member of the intelligence unit, (v) a member
10999	10999	12 of the sort team, or (vi) an investigator.
11000	11000	13 (11) The term "dangerous drugs investigator" means any
11001	11001	14 person who is employed as such by the Department of Human
11002	11002	15 Services.
11003	11003	16 (12) The term "investigator for the Illinois State
11004	11004	17 Police" means a person employed by the Illinois State
11005	11005	18 Police who is vested under Section 4 of the Narcotic
11006	11006	19 Control Division Abolition Act with such law enforcement
11007	11007	20 powers as render him ineligible for coverage under the
11008	11008	21 Social Security Act by reason of Sections 218(d)(5)(A),
11009	11009	22 218(d)(8)(D) and 218(l)(1) of that Act.
11010	11010	23 (13) "Investigator for the Office of the Attorney
11011	11011	24 General" means any person who is employed as such by the
11012	11012	25 Office of the Attorney General and is vested with such
11013	11013	26 investigative duties as render him ineligible for coverage
11014	11014
11015	11015
11016	11016
11017	11017
11018	11018
11019	11019	SB0280 - 308 - LRB103 24970 AMQ 51304 b
11020	11020
11021	11021
11022	11022	SB0280- 309 -LRB103 24970 AMQ 51304 b SB0280 - 309 - LRB103 24970 AMQ 51304 b
11023	11023	SB0280 - 309 - LRB103 24970 AMQ 51304 b
11024	11024	1 under the Social Security Act by reason of Sections
11025	11025	2 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
11026	11026	3 the period before January 1, 1989, the term includes all
11027	11027	4 persons who were employed as investigators by the Office
11028	11028	5 of the Attorney General, without regard to social security
11029	11029	6 status.
11030	11030	7 (14) "Controlled substance inspector" means any person
11031	11031	8 who is employed as such by the Department of Professional
11032	11032	9 Regulation and is vested with such law enforcement duties
11033	11033	10 as render him ineligible for coverage under the Social
11034	11034	11 Security Act by reason of Sections 218(d)(5)(A),
11035	11035	12 218(d)(8)(D) and 218(l)(1) of that Act. The term
11036	11036	13 "controlled substance inspector" includes the Program
11037	11037	14 Executive of Enforcement and the Assistant Program
11038	11038	15 Executive of Enforcement.
11039	11039	16 (15) The term "investigator for the Office of the
11040	11040	17 State's Attorneys Appellate Prosecutor" means a person
11041	11041	18 employed in that capacity on a full-time basis under the
11042	11042	19 authority of Section 7.06 of the State's Attorneys
11043	11043	20 Appellate Prosecutor's Act.
11044	11044	21 (16) "Commerce Commission police officer" means any
11045	11045	22 person employed by the Illinois Commerce Commission who is
11046	11046	23 vested with such law enforcement duties as render him
11047	11047	24 ineligible for coverage under the Social Security Act by
11048	11048	25 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
11049	11049	26 218(l)(1) of that Act.
11050	11050
11051	11051
11052	11052
11053	11053
11054	11054
11055	11055	SB0280 - 309 - LRB103 24970 AMQ 51304 b
11056	11056
11057	11057
11058	11058	SB0280- 310 -LRB103 24970 AMQ 51304 b SB0280 - 310 - LRB103 24970 AMQ 51304 b
11059	11059	SB0280 - 310 - LRB103 24970 AMQ 51304 b
11060	11060	1 (17) "Arson investigator" means any person who is
11061	11061	2 employed as such by the Office of the State Fire Marshal
11062	11062	3 and is vested with such law enforcement duties as render
11063	11063	4 the person ineligible for coverage under the Social
11064	11064	5 Security Act by reason of Sections 218(d)(5)(A),
11065	11065	6 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
11066	11066	7 employed as an arson investigator on January 1, 1995 and
11067	11067	8 is no longer in service but not yet receiving a retirement
11068	11068	9 annuity may convert his or her creditable service for
11069	11069	10 employment as an arson investigator into eligible
11070	11070	11 creditable service by paying to the System the difference
11071	11071	12 between the employee contributions actually paid for that
11072	11072	13 service and the amounts that would have been contributed
11073	11073	14 if the applicant were contributing at the rate applicable
11074	11074	15 to persons with the same social security status earning
11075	11075	16 eligible creditable service on the date of application.
11076	11076	17 (18) The term "State highway maintenance worker" means
11077	11077	18 a person who is either of the following:
11078	11078	19 (i) A person employed on a full-time basis by the
11079	11079	20 Illinois Department of Transportation in the position
11080	11080	21 of highway maintainer, highway maintenance lead
11081	11081	22 worker, highway maintenance lead/lead worker, heavy
11082	11082	23 construction equipment operator, power shovel
11083	11083	24 operator, or bridge mechanic; and whose principal
11084	11084	25 responsibility is to perform, on the roadway, the
11085	11085	26 actual maintenance necessary to keep the highways that
11086	11086
11087	11087
11088	11088
11089	11089
11090	11090
11091	11091	SB0280 - 310 - LRB103 24970 AMQ 51304 b
11092	11092
11093	11093
11094	11094	SB0280- 311 -LRB103 24970 AMQ 51304 b SB0280 - 311 - LRB103 24970 AMQ 51304 b
11095	11095	SB0280 - 311 - LRB103 24970 AMQ 51304 b
11096	11096	1 form a part of the State highway system in serviceable
11097	11097	2 condition for vehicular traffic.
11098	11098	3 (ii) A person employed on a full-time basis by the
11099	11099	4 Illinois State Toll Highway Authority in the position
11100	11100	5 of equipment operator/laborer H-4, equipment
11101	11101	6 operator/laborer H-6, welder H-4, welder H-6,
11102	11102	7 mechanical/electrical H-4, mechanical/electrical H-6,
11103	11103	8 water/sewer H-4, water/sewer H-6, sign maker/hanger
11104	11104	9 H-4, sign maker/hanger H-6, roadway lighting H-4,
11105	11105	10 roadway lighting H-6, structural H-4, structural H-6,
11106	11106	11 painter H-4, or painter H-6; and whose principal
11107	11107	12 responsibility is to perform, on the roadway, the
11108	11108	13 actual maintenance necessary to keep the Authority's
11109	11109	14 tollways in serviceable condition for vehicular
11110	11110	15 traffic.
11111	11111	16 (19) The term "security employee of the Department of
11112	11112	17 Innovation and Technology" means a person who was a
11113	11113	18 security employee of the Department of Corrections or the
11114	11114	19 Department of Juvenile Justice, was transferred to the
11115	11115	20 Department of Innovation and Technology pursuant to
11116	11116	21 Executive Order 2016-01, and continues to perform similar
11117	11117	22 job functions under that Department.
11118	11118	23 (20) "Transferred employee" means an employee who was
11119	11119	24 transferred to the Department of Central Management
11120	11120	25 Services by Executive Order No. 2003-10 or Executive Order
11121	11121	26 No. 2004-2 or transferred to the Department of Innovation
11122	11122
11123	11123
11124	11124
11125	11125
11126	11126
11127	11127	SB0280 - 311 - LRB103 24970 AMQ 51304 b
11128	11128
11129	11129
11130	11130	SB0280- 312 -LRB103 24970 AMQ 51304 b SB0280 - 312 - LRB103 24970 AMQ 51304 b
11131	11131	SB0280 - 312 - LRB103 24970 AMQ 51304 b
11132	11132	1 and Technology by Executive Order No. 2016-1, or both, and
11133	11133	2 was entitled to eligible creditable service for services
11134	11134	3 immediately preceding the transfer.
11135	11135	4 (d) A security employee of the Department of Corrections
11136	11136	5 or the Department of Juvenile Justice, a security employee of
11137	11137	6 the Department of Human Services who is not a mental health
11138	11138	7 police officer, and a security employee of the Department of
11139	11139	8 Innovation and Technology shall not be eligible for the
11140	11140	9 alternative retirement annuity provided by this Section unless
11141	11141	10 he or she meets the following minimum age and service
11142	11142	11 requirements at the time of retirement:
11143	11143	12 (i) 25 years of eligible creditable service and age
11144	11144	13 55; or
11145	11145	14 (ii) beginning January 1, 1987, 25 years of eligible
11146	11146	15 creditable service and age 54, or 24 years of eligible
11147	11147	16 creditable service and age 55; or
11148	11148	17 (iii) beginning January 1, 1988, 25 years of eligible
11149	11149	18 creditable service and age 53, or 23 years of eligible
11150	11150	19 creditable service and age 55; or
11151	11151	20 (iv) beginning January 1, 1989, 25 years of eligible
11152	11152	21 creditable service and age 52, or 22 years of eligible
11153	11153	22 creditable service and age 55; or
11154	11154	23 (v) beginning January 1, 1990, 25 years of eligible
11155	11155	24 creditable service and age 51, or 21 years of eligible
11156	11156	25 creditable service and age 55; or
11157	11157	26 (vi) beginning January 1, 1991, 25 years of eligible
11158	11158
11159	11159
11160	11160
11161	11161
11162	11162
11163	11163	SB0280 - 312 - LRB103 24970 AMQ 51304 b
11164	11164
11165	11165
11166	11166	SB0280- 313 -LRB103 24970 AMQ 51304 b SB0280 - 313 - LRB103 24970 AMQ 51304 b
11167	11167	SB0280 - 313 - LRB103 24970 AMQ 51304 b
11168	11168	1 creditable service and age 50, or 20 years of eligible
11169	11169	2 creditable service and age 55.
11170	11170	3 Persons who have service credit under Article 16 of this
11171	11171	4 Code for service as a security employee of the Department of
11172	11172	5 Corrections or the Department of Juvenile Justice, or the
11173	11173	6 Department of Human Services in a position requiring
11174	11174	7 certification as a teacher may count such service toward
11175	11175	8 establishing their eligibility under the service requirements
11176	11176	9 of this Section; but such service may be used only for
11177	11177	10 establishing such eligibility, and not for the purpose of
11178	11178	11 increasing or calculating any benefit.
11179	11179	12 (e) If a member enters military service while working in a
11180	11180	13 position in which eligible creditable service may be earned,
11181	11181	14 and returns to State service in the same or another such
11182	11182	15 position, and fulfills in all other respects the conditions
11183	11183	16 prescribed in this Article for credit for military service,
11184	11184	17 such military service shall be credited as eligible creditable
11185	11185	18 service for the purposes of the retirement annuity prescribed
11186	11186	19 in this Section.
11187	11187	20 (f) For purposes of calculating retirement annuities under
11188	11188	21 this Section, periods of service rendered after December 31,
11189	11189	22 1968 and before October 1, 1975 as a covered employee in the
11190	11190	23 position of special agent, conservation police officer, mental
11191	11191	24 health police officer, or investigator for the Secretary of
11192	11192	25 State, shall be deemed to have been service as a noncovered
11193	11193	26 employee, provided that the employee pays to the System prior
11194	11194
11195	11195
11196	11196
11197	11197
11198	11198
11199	11199	SB0280 - 313 - LRB103 24970 AMQ 51304 b
11200	11200
11201	11201
11202	11202	SB0280- 314 -LRB103 24970 AMQ 51304 b SB0280 - 314 - LRB103 24970 AMQ 51304 b
11203	11203	SB0280 - 314 - LRB103 24970 AMQ 51304 b
11204	11204	1 to retirement an amount equal to (1) the difference between
11205	11205	2 the employee contributions that would have been required for
11206	11206	3 such service as a noncovered employee, and the amount of
11207	11207	4 employee contributions actually paid, plus (2) if payment is
11208	11208	5 made after July 31, 1987, regular interest on the amount
11209	11209	6 specified in item (1) from the date of service to the date of
11210	11210	7 payment.
11211	11211	8 For purposes of calculating retirement annuities under
11212	11212	9 this Section, periods of service rendered after December 31,
11213	11213	10 1968 and before January 1, 1982 as a covered employee in the
11214	11214	11 position of investigator for the Department of Revenue shall
11215	11215	12 be deemed to have been service as a noncovered employee,
11216	11216	13 provided that the employee pays to the System prior to
11217	11217	14 retirement an amount equal to (1) the difference between the
11218	11218	15 employee contributions that would have been required for such
11219	11219	16 service as a noncovered employee, and the amount of employee
11220	11220	17 contributions actually paid, plus (2) if payment is made after
11221	11221	18 January 1, 1990, regular interest on the amount specified in
11222	11222	19 item (1) from the date of service to the date of payment.
11223	11223	20 (g) A State policeman may elect, not later than January 1,
11224	11224	21 1990, to establish eligible creditable service for up to 10
11225	11225	22 years of his service as a policeman under Article 3, by filing
11226	11226	23 a written election with the Board, accompanied by payment of
11227	11227	24 an amount to be determined by the Board, equal to (i) the
11228	11228	25 difference between the amount of employee and employer
11229	11229	26 contributions transferred to the System under Section 3-110.5,
11230	11230
11231	11231
11232	11232
11233	11233
11234	11234
11235	11235	SB0280 - 314 - LRB103 24970 AMQ 51304 b
11236	11236
11237	11237
11238	11238	SB0280- 315 -LRB103 24970 AMQ 51304 b SB0280 - 315 - LRB103 24970 AMQ 51304 b
11239	11239	SB0280 - 315 - LRB103 24970 AMQ 51304 b
11240	11240	1 and the amounts that would have been contributed had such
11241	11241	2 contributions been made at the rates applicable to State
11242	11242	3 policemen, plus (ii) interest thereon at the effective rate
11243	11243	4 for each year, compounded annually, from the date of service
11244	11244	5 to the date of payment.
11245	11245	6 Subject to the limitation in subsection (i), a State
11246	11246	7 policeman may elect, not later than July 1, 1993, to establish
11247	11247	8 eligible creditable service for up to 10 years of his service
11248	11248	9 as a member of the County Police Department under Article 9, by
11249	11249	10 filing a written election with the Board, accompanied by
11250	11250	11 payment of an amount to be determined by the Board, equal to
11251	11251	12 (i) the difference between the amount of employee and employer
11252	11252	13 contributions transferred to the System under Section 9-121.10
11253	11253	14 and the amounts that would have been contributed had those
11254	11254	15 contributions been made at the rates applicable to State
11255	11255	16 policemen, plus (ii) interest thereon at the effective rate
11256	11256	17 for each year, compounded annually, from the date of service
11257	11257	18 to the date of payment.
11258	11258	19 (h) Subject to the limitation in subsection (i), a State
11259	11259	20 policeman or investigator for the Secretary of State may elect
11260	11260	21 to establish eligible creditable service for up to 12 years of
11261	11261	22 his service as a policeman under Article 5, by filing a written
11262	11262	23 election with the Board on or before January 31, 1992, and
11263	11263	24 paying to the System by January 31, 1994 an amount to be
11264	11264	25 determined by the Board, equal to (i) the difference between
11265	11265	26 the amount of employee and employer contributions transferred
11266	11266
11267	11267
11268	11268
11269	11269
11270	11270
11271	11271	SB0280 - 315 - LRB103 24970 AMQ 51304 b
11272	11272
11273	11273
11274	11274	SB0280- 316 -LRB103 24970 AMQ 51304 b SB0280 - 316 - LRB103 24970 AMQ 51304 b
11275	11275	SB0280 - 316 - LRB103 24970 AMQ 51304 b
11276	11276	1 to the System under Section 5-236, and the amounts that would
11277	11277	2 have been contributed had such contributions been made at the
11278	11278	3 rates applicable to State policemen, plus (ii) interest
11279	11279	4 thereon at the effective rate for each year, compounded
11280	11280	5 annually, from the date of service to the date of payment.
11281	11281	6 Subject to the limitation in subsection (i), a State
11282	11282	7 policeman, conservation police officer, or investigator for
11283	11283	8 the Secretary of State may elect to establish eligible
11284	11284	9 creditable service for up to 10 years of service as a sheriff's
11285	11285	10 law enforcement employee under Article 7, by filing a written
11286	11286	11 election with the Board on or before January 31, 1993, and
11287	11287	12 paying to the System by January 31, 1994 an amount to be
11288	11288	13 determined by the Board, equal to (i) the difference between
11289	11289	14 the amount of employee and employer contributions transferred
11290	11290	15 to the System under Section 7-139.7, and the amounts that
11291	11291	16 would have been contributed had such contributions been made
11292	11292	17 at the rates applicable to State policemen, plus (ii) interest
11293	11293	18 thereon at the effective rate for each year, compounded
11294	11294	19 annually, from the date of service to the date of payment.
11295	11295	20 Subject to the limitation in subsection (i), a State
11296	11296	21 policeman, conservation police officer, or investigator for
11297	11297	22 the Secretary of State may elect to establish eligible
11298	11298	23 creditable service for up to 5 years of service as a police
11299	11299	24 officer under Article 3, a policeman under Article 5, a
11300	11300	25 sheriff's law enforcement employee under Article 7, a member
11301	11301	26 of the county police department under Article 9, or a police
11302	11302
11303	11303
11304	11304
11305	11305
11306	11306
11307	11307	SB0280 - 316 - LRB103 24970 AMQ 51304 b
11308	11308
11309	11309
11310	11310	SB0280- 317 -LRB103 24970 AMQ 51304 b SB0280 - 317 - LRB103 24970 AMQ 51304 b
11311	11311	SB0280 - 317 - LRB103 24970 AMQ 51304 b
11312	11312	1 officer under Article 15 by filing a written election with the
11313	11313	2 Board and paying to the System an amount to be determined by
11314	11314	3 the Board, equal to (i) the difference between the amount of
11315	11315	4 employee and employer contributions transferred to the System
11316	11316	5 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
11317	11317	6 and the amounts that would have been contributed had such
11318	11318	7 contributions been made at the rates applicable to State
11319	11319	8 policemen, plus (ii) interest thereon at the effective rate
11320	11320	9 for each year, compounded annually, from the date of service
11321	11321	10 to the date of payment.
11322	11322	11 Subject to the limitation in subsection (i), an
11323	11323	12 investigator for the Office of the Attorney General, or an
11324	11324	13 investigator for the Department of Revenue, may elect to
11325	11325	14 establish eligible creditable service for up to 5 years of
11326	11326	15 service as a police officer under Article 3, a policeman under
11327	11327	16 Article 5, a sheriff's law enforcement employee under Article
11328	11328	17 7, or a member of the county police department under Article 9
11329	11329	18 by filing a written election with the Board within 6 months
11330	11330	19 after August 25, 2009 (the effective date of Public Act
11331	11331	20 96-745) and paying to the System an amount to be determined by
11332	11332	21 the Board, equal to (i) the difference between the amount of
11333	11333	22 employee and employer contributions transferred to the System
11334	11334	23 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
11335	11335	24 amounts that would have been contributed had such
11336	11336	25 contributions been made at the rates applicable to State
11337	11337	26 policemen, plus (ii) interest thereon at the actuarially
11338	11338
11339	11339
11340	11340
11341	11341
11342	11342
11343	11343	SB0280 - 317 - LRB103 24970 AMQ 51304 b
11344	11344
11345	11345
11346	11346	SB0280- 318 -LRB103 24970 AMQ 51304 b SB0280 - 318 - LRB103 24970 AMQ 51304 b
11347	11347	SB0280 - 318 - LRB103 24970 AMQ 51304 b
11348	11348	1 assumed rate for each year, compounded annually, from the date
11349	11349	2 of service to the date of payment.
11350	11350	3 Subject to the limitation in subsection (i), a State
11351	11351	4 policeman, conservation police officer, investigator for the
11352	11352	5 Office of the Attorney General, an investigator for the
11353	11353	6 Department of Revenue, or investigator for the Secretary of
11354	11354	7 State may elect to establish eligible creditable service for
11355	11355	8 up to 5 years of service as a person employed by a
11356	11356	9 participating municipality to perform police duties, or law
11357	11357	10 enforcement officer employed on a full-time basis by a forest
11358	11358	11 preserve district under Article 7, a county corrections
11359	11359	12 officer, or a court services officer under Article 9, by
11360	11360	13 filing a written election with the Board within 6 months after
11361	11361	14 August 25, 2009 (the effective date of Public Act 96-745) and
11362	11362	15 paying to the System an amount to be determined by the Board,
11363	11363	16 equal to (i) the difference between the amount of employee and
11364	11364	17 employer contributions transferred to the System under
11365	11365	18 Sections 7-139.8 and 9-121.10 and the amounts that would have
11366	11366	19 been contributed had such contributions been made at the rates
11367	11367	20 applicable to State policemen, plus (ii) interest thereon at
11368	11368	21 the actuarially assumed rate for each year, compounded
11369	11369	22 annually, from the date of service to the date of payment.
11370	11370	23 Subject to the limitation in subsection (i), a State
11371	11371	24 policeman, arson investigator, or Commerce Commission police
11372	11372	25 officer may elect to establish eligible creditable service for
11373	11373	26 up to 5 years of service as a person employed by a
11374	11374
11375	11375
11376	11376
11377	11377
11378	11378
11379	11379	SB0280 - 318 - LRB103 24970 AMQ 51304 b
11380	11380
11381	11381
11382	11382	SB0280- 319 -LRB103 24970 AMQ 51304 b SB0280 - 319 - LRB103 24970 AMQ 51304 b
11383	11383	SB0280 - 319 - LRB103 24970 AMQ 51304 b
11384	11384	1 participating municipality to perform police duties under
11385	11385	2 Article 7, a county corrections officer, a court services
11386	11386	3 officer under Article 9, or a firefighter under Article 4 by
11387	11387	4 filing a written election with the Board within 6 months after
11388	11388	5 July 30, 2021 (the effective date of Public Act 102-210) and
11389	11389	6 paying to the System an amount to be determined by the Board
11390	11390	7 equal to (i) the difference between the amount of employee and
11391	11391	8 employer contributions transferred to the System under
11392	11392	9 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
11393	11393	10 would have been contributed had such contributions been made
11394	11394	11 at the rates applicable to State policemen, plus (ii) interest
11395	11395	12 thereon at the actuarially assumed rate for each year,
11396	11396	13 compounded annually, from the date of service to the date of
11397	11397	14 payment.
11398	11398	15 Subject to the limitation in subsection (i), a
11399	11399	16 conservation police officer may elect to establish eligible
11400	11400	17 creditable service for up to 5 years of service as a person
11401	11401	18 employed by a participating municipality to perform police
11402	11402	19 duties under Article 7, a county corrections officer, or a
11403	11403	20 court services officer under Article 9 by filing a written
11404	11404	21 election with the Board within 6 months after July 30, 2021
11405	11405	22 (the effective date of Public Act 102-210) and paying to the
11406	11406	23 System an amount to be determined by the Board equal to (i) the
11407	11407	24 difference between the amount of employee and employer
11408	11408	25 contributions transferred to the System under Sections 7-139.8
11409	11409	26 and 9-121.10 and the amounts that would have been contributed
11410	11410
11411	11411
11412	11412
11413	11413
11414	11414
11415	11415	SB0280 - 319 - LRB103 24970 AMQ 51304 b
11416	11416
11417	11417
11418	11418	SB0280- 320 -LRB103 24970 AMQ 51304 b SB0280 - 320 - LRB103 24970 AMQ 51304 b
11419	11419	SB0280 - 320 - LRB103 24970 AMQ 51304 b
11420	11420	1 had such contributions been made at the rates applicable to
11421	11421	2 State policemen, plus (ii) interest thereon at the actuarially
11422	11422	3 assumed rate for each year, compounded annually, from the date
11423	11423	4 of service to the date of payment.
11424	11424	5 Notwithstanding the limitation in subsection (i), a State
11425	11425	6 policeman or conservation police officer may elect to convert
11426	11426	7 service credit earned under this Article to eligible
11427	11427	8 creditable service, as defined by this Section, by filing a
11428	11428	9 written election with the board within 6 months after July 30,
11429	11429	10 2021 (the effective date of Public Act 102-210) and paying to
11430	11430	11 the System an amount to be determined by the Board equal to (i)
11431	11431	12 the difference between the amount of employee contributions
11432	11432	13 originally paid for that service and the amounts that would
11433	11433	14 have been contributed had such contributions been made at the
11434	11434	15 rates applicable to State policemen, plus (ii) the difference
11435	11435	16 between the employer's normal cost of the credit prior to the
11436	11436	17 conversion authorized by Public Act 102-210 and the employer's
11437	11437	18 normal cost of the credit converted in accordance with Public
11438	11438	19 Act 102-210, plus (iii) interest thereon at the actuarially
11439	11439	20 assumed rate for each year, compounded annually, from the date
11440	11440	21 of service to the date of payment.
11441	11441	22 (i) The total amount of eligible creditable service
11442	11442	23 established by any person under subsections (g), (h), (j),
11443	11443	24 (k), (l), (l-5), (o), and (p) of this Section shall not exceed
11444	11444	25 12 years.
11445	11445	26 (j) Subject to the limitation in subsection (i), an
11446	11446
11447	11447
11448	11448
11449	11449
11450	11450
11451	11451	SB0280 - 320 - LRB103 24970 AMQ 51304 b
11452	11452
11453	11453
11454	11454	SB0280- 321 -LRB103 24970 AMQ 51304 b SB0280 - 321 - LRB103 24970 AMQ 51304 b
11455	11455	SB0280 - 321 - LRB103 24970 AMQ 51304 b
11456	11456	1 investigator for the Office of the State's Attorneys Appellate
11457	11457	2 Prosecutor or a controlled substance inspector may elect to
11458	11458	3 establish eligible creditable service for up to 10 years of
11459	11459	4 his service as a policeman under Article 3 or a sheriff's law
11460	11460	5 enforcement employee under Article 7, by filing a written
11461	11461	6 election with the Board, accompanied by payment of an amount
11462	11462	7 to be determined by the Board, equal to (1) the difference
11463	11463	8 between the amount of employee and employer contributions
11464	11464	9 transferred to the System under Section 3-110.6 or 7-139.8,
11465	11465	10 and the amounts that would have been contributed had such
11466	11466	11 contributions been made at the rates applicable to State
11467	11467	12 policemen, plus (2) interest thereon at the effective rate for
11468	11468	13 each year, compounded annually, from the date of service to
11469	11469	14 the date of payment.
11470	11470	15 (k) Subject to the limitation in subsection (i) of this
11471	11471	16 Section, an alternative formula employee may elect to
11472	11472	17 establish eligible creditable service for periods spent as a
11473	11473	18 full-time law enforcement officer or full-time corrections
11474	11474	19 officer employed by the federal government or by a state or
11475	11475	20 local government located outside of Illinois, for which credit
11476	11476	21 is not held in any other public employee pension fund or
11477	11477	22 retirement system. To obtain this credit, the applicant must
11478	11478	23 file a written application with the Board by March 31, 1998,
11479	11479	24 accompanied by evidence of eligibility acceptable to the Board
11480	11480	25 and payment of an amount to be determined by the Board, equal
11481	11481	26 to (1) employee contributions for the credit being
11482	11482
11483	11483
11484	11484
11485	11485
11486	11486
11487	11487	SB0280 - 321 - LRB103 24970 AMQ 51304 b
11488	11488
11489	11489
11490	11490	SB0280- 322 -LRB103 24970 AMQ 51304 b SB0280 - 322 - LRB103 24970 AMQ 51304 b
11491	11491	SB0280 - 322 - LRB103 24970 AMQ 51304 b
11492	11492	1 established, based upon the applicant's salary on the first
11493	11493	2 day as an alternative formula employee after the employment
11494	11494	3 for which credit is being established and the rates then
11495	11495	4 applicable to alternative formula employees, plus (2) an
11496	11496	5 amount determined by the Board to be the employer's normal
11497	11497	6 cost of the benefits accrued for the credit being established,
11498	11498	7 plus (3) regular interest on the amounts in items (1) and (2)
11499	11499	8 from the first day as an alternative formula employee after
11500	11500	9 the employment for which credit is being established to the
11501	11501	10 date of payment.
11502	11502	11 (l) Subject to the limitation in subsection (i), a
11503	11503	12 security employee of the Department of Corrections may elect,
11504	11504	13 not later than July 1, 1998, to establish eligible creditable
11505	11505	14 service for up to 10 years of his or her service as a policeman
11506	11506	15 under Article 3, by filing a written election with the Board,
11507	11507	16 accompanied by payment of an amount to be determined by the
11508	11508	17 Board, equal to (i) the difference between the amount of
11509	11509	18 employee and employer contributions transferred to the System
11510	11510	19 under Section 3-110.5, and the amounts that would have been
11511	11511	20 contributed had such contributions been made at the rates
11512	11512	21 applicable to security employees of the Department of
11513	11513	22 Corrections, plus (ii) interest thereon at the effective rate
11514	11514	23 for each year, compounded annually, from the date of service
11515	11515	24 to the date of payment.
11516	11516	25 (l-5) Subject to the limitation in subsection (i) of this
11517	11517	26 Section, a State policeman may elect to establish eligible
11518	11518
11519	11519
11520	11520
11521	11521
11522	11522
11523	11523	SB0280 - 322 - LRB103 24970 AMQ 51304 b
11524	11524
11525	11525
11526	11526	SB0280- 323 -LRB103 24970 AMQ 51304 b SB0280 - 323 - LRB103 24970 AMQ 51304 b
11527	11527	SB0280 - 323 - LRB103 24970 AMQ 51304 b
11528	11528	1 creditable service for up to 5 years of service as a full-time
11529	11529	2 law enforcement officer employed by the federal government or
11530	11530	3 by a state or local government located outside of Illinois for
11531	11531	4 which credit is not held in any other public employee pension
11532	11532	5 fund or retirement system. To obtain this credit, the
11533	11533	6 applicant must file a written application with the Board no
11534	11534	7 later than 3 years after January 1, 2020 (the effective date of
11535	11535	8 Public Act 101-610), accompanied by evidence of eligibility
11536	11536	9 acceptable to the Board and payment of an amount to be
11537	11537	10 determined by the Board, equal to (1) employee contributions
11538	11538	11 for the credit being established, based upon the applicant's
11539	11539	12 salary on the first day as an alternative formula employee
11540	11540	13 after the employment for which credit is being established and
11541	11541	14 the rates then applicable to alternative formula employees,
11542	11542	15 plus (2) an amount determined by the Board to be the employer's
11543	11543	16 normal cost of the benefits accrued for the credit being
11544	11544	17 established, plus (3) regular interest on the amounts in items
11545	11545	18 (1) and (2) from the first day as an alternative formula
11546	11546	19 employee after the employment for which credit is being
11547	11547	20 established to the date of payment.
11548	11548	21 (m) The amendatory changes to this Section made by Public
11549	11549	22 Act 94-696 apply only to: (1) security employees of the
11550	11550	23 Department of Juvenile Justice employed by the Department of
11551	11551	24 Corrections before June 1, 2006 (the effective date of Public
11552	11552	25 Act 94-696) and transferred to the Department of Juvenile
11553	11553	26 Justice by Public Act 94-696; and (2) persons employed by the
11554	11554
11555	11555
11556	11556
11557	11557
11558	11558
11559	11559	SB0280 - 323 - LRB103 24970 AMQ 51304 b
11560	11560
11561	11561
11562	11562	SB0280- 324 -LRB103 24970 AMQ 51304 b SB0280 - 324 - LRB103 24970 AMQ 51304 b
11563	11563	SB0280 - 324 - LRB103 24970 AMQ 51304 b
11564	11564	1 Department of Juvenile Justice on or after June 1, 2006 (the
11565	11565	2 effective date of Public Act 94-696) who are required by
11566	11566	3 subsection (b) of Section 3-2.5-15 of the Unified Code of
11567	11567	4 Corrections to have any bachelor's or advanced degree from an
11568	11568	5 accredited college or university or, in the case of persons
11569	11569	6 who provide vocational training, who are required to have
11570	11570	7 adequate knowledge in the skill for which they are providing
11571	11571	8 the vocational training.
11572	11572	9 (n) A person employed in a position under subsection (b)
11573	11573	10 of this Section who has purchased service credit under
11574	11574	11 subsection (j) of Section 14-104 or subsection (b) of Section
11575	11575	12 14-105 in any other capacity under this Article may convert up
11576	11576	13 to 5 years of that service credit into service credit covered
11577	11577	14 under this Section by paying to the Fund an amount equal to (1)
11578	11578	15 the additional employee contribution required under Section
11579	11579	16 14-133, plus (2) the additional employer contribution required
11580	11580	17 under Section 14-131, plus (3) interest on items (1) and (2) at
11581	11581	18 the actuarially assumed rate from the date of the service to
11582	11582	19 the date of payment.
11583	11583	20 (o) Subject to the limitation in subsection (i), a
11584	11584	21 conservation police officer, investigator for the Secretary of
11585	11585	22 State, Commerce Commission police officer, investigator for
11586	11586	23 the Department of Revenue or the Department of Lottery and
11587	11587	24 Gaming Illinois Gaming Board, or arson investigator subject to
11588	11588	25 subsection (g) of Section 1-160 may elect to convert up to 8
11589	11589	26 years of service credit established before January 1, 2020
11590	11590
11591	11591
11592	11592
11593	11593
11594	11594
11595	11595	SB0280 - 324 - LRB103 24970 AMQ 51304 b
11596	11596
11597	11597
11598	11598	SB0280- 325 -LRB103 24970 AMQ 51304 b SB0280 - 325 - LRB103 24970 AMQ 51304 b
11599	11599	SB0280 - 325 - LRB103 24970 AMQ 51304 b
11600	11600	1 (the effective date of Public Act 101-610) as a conservation
11601	11601	2 police officer, investigator for the Secretary of State,
11602	11602	3 Commerce Commission police officer, investigator for the
11603	11603	4 Department of Revenue or the Department of Lottery and Gaming
11604	11604	5 Illinois Gaming Board, or arson investigator under this
11605	11605	6 Article into eligible creditable service by filing a written
11606	11606	7 election with the Board no later than one year after January 1,
11607	11607	8 2020 (the effective date of Public Act 101-610), accompanied
11608	11608	9 by payment of an amount to be determined by the Board equal to
11609	11609	10 (i) the difference between the amount of the employee
11610	11610	11 contributions actually paid for that service and the amount of
11611	11611	12 the employee contributions that would have been paid had the
11612	11612	13 employee contributions been made as a noncovered employee
11613	11613	14 serving in a position in which eligible creditable service, as
11614	11614	15 defined in this Section, may be earned, plus (ii) interest
11615	11615	16 thereon at the effective rate for each year, compounded
11616	11616	17 annually, from the date of service to the date of payment.
11617	11617	18 (p) Subject to the limitation in subsection (i), an
11618	11618	19 investigator for the Office of the Attorney General subject to
11619	11619	20 subsection (g) of Section 1-160 may elect to convert up to 8
11620	11620	21 years of service credit established before the effective date
11621	11621	22 of this amendatory Act of the 102nd General Assembly as an
11622	11622	23 investigator for the Office of the Attorney General under this
11623	11623	24 Article into eligible creditable service by filing a written
11624	11624	25 election with the Board no later than one year after the
11625	11625	26 effective date of this amendatory Act of the 102nd General
11626	11626
11627	11627
11628	11628
11629	11629
11630	11630
11631	11631	SB0280 - 325 - LRB103 24970 AMQ 51304 b
11632	11632
11633	11633
11634	11634	SB0280- 326 -LRB103 24970 AMQ 51304 b SB0280 - 326 - LRB103 24970 AMQ 51304 b
11635	11635	SB0280 - 326 - LRB103 24970 AMQ 51304 b
11636	11636	1 Assembly, accompanied by payment of an amount to be determined
11637	11637	2 by the Board equal to (i) the difference between the amount of
11638	11638	3 the employee contributions actually paid for that service and
11639	11639	4 the amount of the employee contributions that would have been
11640	11640	5 paid had the employee contributions been made as a noncovered
11641	11641	6 employee serving in a position in which eligible creditable
11642	11642	7 service, as defined in this Section, may be earned, plus (ii)
11643	11643	8 interest thereon at the effective rate for each year,
11644	11644	9 compounded annually, from the date of service to the date of
11645	11645	10 payment.
11646	11646	11 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
11647	11647	12 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
11648	11648	13 Section 120. The Illinois Urban Development Authority Act
11649	11649	14 is amended by changing Section 3 as follows:
11650	11650	15 (70 ILCS 531/3)
11651	11651	16 Sec. 3. Definitions. The following terms, whenever used or
11652	11652	17 referred to in this Act, shall have the following meanings,
11653	11653	18 except in such instances where the context may clearly
11654	11654	19 indicate otherwise:
11655	11655	20 "Authority" means the Illinois Urban Development Authority
11656	11656	21 created by this Act.
11657	11657	22 "Board" means the Illinois Urban Development Authority
11658	11658	23 Board of Directors.
11659	11659	24 "Bonds" shall include bonds, notes, or other evidence of
11660	11660
11661	11661
11662	11662
11663	11663
11664	11664
11665	11665	SB0280 - 326 - LRB103 24970 AMQ 51304 b
11666	11666
11667	11667
11668	11668	SB0280- 327 -LRB103 24970 AMQ 51304 b SB0280 - 327 - LRB103 24970 AMQ 51304 b
11669	11669	SB0280 - 327 - LRB103 24970 AMQ 51304 b
11670	11670	1 indebtedness.
11671	11671	2 "Commercial project" means any project, including but not
11672	11672	3 limited to one or more buildings and other structures,
11673	11673	4 improvements, machinery, and equipment whether or not on the
11674	11674	5 same site or sites now existing or hereafter acquired,
11675	11675	6 suitable for use by any retail or wholesale concern,
11676	11676	7 distributorship, or agency, any cultural facilities of a
11677	11677	8 for-profit or not-for-profit type including but not limited to
11678	11678	9 educational, theatrical, recreational and entertainment,
11679	11679	10 sports facilities, racetracks, stadiums, convention centers,
11680	11680	11 exhibition halls, arenas, opera houses and theaters,
11681	11681	12 waterfront improvements, swimming pools, boat storage,
11682	11682	13 moorage, docking facilities, restaurants, coliseums, sports
11683	11683	14 training facilities, parking facilities, terminals, hotels and
11684	11684	15 motels, gymnasiums, medical facilities, and port facilities.
11685	11685	16 "Costs incurred in connection with the development,
11686	11686	17 construction, acquisition, or improvement of a project" means
11687	11687	18 the cost of purchase and construction of all lands and
11688	11688	19 improvements in connection with a project and equipment and
11689	11689	20 other property, rights, easements, and franchises acquired
11690	11690	21 that are deemed necessary for such construction; financing
11691	11691	22 charges; interest costs with respect to bonds, notes, and
11692	11692	23 other evidences of indebtedness of the Authority prior to and
11693	11693	24 during construction and for a period of 6 months thereafter;
11694	11694	25 engineering and legal expenses; the costs of plans,
11695	11695	26 specifications, surveys, and estimates of costs and other
11696	11696
11697	11697
11698	11698
11699	11699
11700	11700
11701	11701	SB0280 - 327 - LRB103 24970 AMQ 51304 b
11702	11702
11703	11703
11704	11704	SB0280- 328 -LRB103 24970 AMQ 51304 b SB0280 - 328 - LRB103 24970 AMQ 51304 b
11705	11705	SB0280 - 328 - LRB103 24970 AMQ 51304 b
11706	11706	1 expenses necessary or incident to determining the feasibility
11707	11707	2 or practicability of any project, together with such other
11708	11708	3 expenses as may be necessary or incident to the financing,
11709	11709	4 insuring, acquisition, and construction of a specific project
11710	11710	5 and the placing of the same in operation.
11711	11711	6 "Develop" or "development" means to do one or more of the
11712	11712	7 following: plan, design, develop, lease, acquire, install,
11713	11713	8 construct, reconstruct, rehabilitate, extend, or expand.
11714	11714	9 "Financial aid" means the expenditure of Authority funds
11715	11715	10 or funds provided by the Authority through the issuance of its
11716	11716	11 revenue bonds, notes, or other evidences of indebtedness for
11717	11717	12 the development, construction, acquisition, or improvement of
11718	11718	13 a project.
11719	11719	14 "Governmental agency" means any federal, State or local
11720	11720	15 governmental body, and any agency or instrumentality thereof,
11721	11721	16 corporate or otherwise.
11722	11722	17 "Governor" means the Governor of the State of Illinois.
11723	11723	18 "Housing project" or "residential project" includes a
11724	11724	19 specific work or improvement undertaken to provide dwelling
11725	11725	20 accommodations, including the acquisition, construction,
11726	11726	21 leasing, or rehabilitation of lands, buildings, and community
11727	11727	22 facilities and in connection therewith to provide nonhousing
11728	11728	23 facilities which are an integral part of a planned large-scale
11729	11729	24 project or new community.
11730	11730	25 "Industrial project" means (1) a capital project,
11731	11731	26 including one or more buildings and other structures,
11732	11732
11733	11733
11734	11734
11735	11735
11736	11736
11737	11737	SB0280 - 328 - LRB103 24970 AMQ 51304 b
11738	11738
11739	11739
11740	11740	SB0280- 329 -LRB103 24970 AMQ 51304 b SB0280 - 329 - LRB103 24970 AMQ 51304 b
11741	11741	SB0280 - 329 - LRB103 24970 AMQ 51304 b
11742	11742	1 improvements, machinery, and equipment whether or not on the
11743	11743	2 same site or sites now existing or hereafter acquired,
11744	11744	3 suitable for use by any manufacturing, industrial, research,
11745	11745	4 transportation, or commercial enterprise including but not
11746	11746	5 limited to use as a factory, mill, processing plant, assembly
11747	11747	6 plant, packaging plant, fabricating plant, office building,
11748	11748	7 industrial distribution center, warehouse, repair, overhaul or
11749	11749	8 service facility, freight terminal, research facility, test
11750	11750	9 facility, railroad facility, solid waste and wastewater
11751	11751	10 treatment and disposal sites and other pollution control
11752	11752	11 facilities, resource or waste reduction, recovery, treatment
11753	11753	12 and disposal facilities, and including also the sites thereof
11754	11754	13 and other rights in land therefor whether improved or
11755	11755	14 unimproved, site preparation and landscaping and all
11756	11756	15 appurtenances and facilities incidental thereto such as
11757	11757	16 utilities, access roads, railroad sidings, truck docking and
11758	11758	17 similar facilities, parking facilities, dockage, wharfage,
11759	11759	18 railroad roadbed, track, trestle, depot, terminal, switching,
11760	11760	19 and signaling equipment or related equipment and other
11761	11761	20 improvements necessary or convenient thereto; or (2) any land,
11762	11762	21 buildings, machinery or equipment comprising an addition to or
11763	11763	22 renovation, rehabilitation or improvement of any existing
11764	11764	23 capital project.
11765	11765	24 "Lease agreement" means an agreement whereby a project
11766	11766	25 acquired by the Authority by purchase, gift, or lease is
11767	11767	26 leased to any person or corporation that will use or cause the
11768	11768
11769	11769
11770	11770
11771	11771
11772	11772
11773	11773	SB0280 - 329 - LRB103 24970 AMQ 51304 b
11774	11774
11775	11775
11776	11776	SB0280- 330 -LRB103 24970 AMQ 51304 b SB0280 - 330 - LRB103 24970 AMQ 51304 b
11777	11777	SB0280 - 330 - LRB103 24970 AMQ 51304 b
11778	11778	1 project to be used as a project as defined in this Act upon
11779	11779	2 terms providing for lease rental payments at least sufficient
11780	11780	3 to pay when due all principal of and interest and premium, if
11781	11781	4 any, on any bonds, notes or other evidences of indebtedness of
11782	11782	5 the Authority issued with respect to such project, providing
11783	11783	6 for the maintenance, insurance, and operation of the project
11784	11784	7 on terms satisfactory to the Authority, and providing for
11785	11785	8 disposition of the project upon termination of the lease term,
11786	11786	9 including purchase options or abandonment of the premises,
11787	11787	10 with such other terms as may be deemed desirable by the
11788	11788	11 Authority. The Authority may, directly or indirectly, lease or
11789	11789	12 otherwise transfer property the Authority owns to another and
11790	11790	13 such leased property shall remain tax exempt.
11791	11791	14 "Loan agreement" means any agreement pursuant to which the
11792	11792	15 Authority agrees to loan the proceeds of its bonds, notes, or
11793	11793	16 other evidences of indebtedness issued with respect to a
11794	11794	17 project to any person or corporation that will use or cause the
11795	11795	18 project to be used as a project as defined in this Act upon
11796	11796	19 terms providing for loan repayment installments at least
11797	11797	20 sufficient to pay when due all principal and interest and
11798	11798	21 premium, if any, on any bonds, notes, or other evidences of
11799	11799	22 indebtedness of the Authority issued with respect to the
11800	11800	23 project, providing for maintenance, insurance, and operation
11801	11801	24 of the project on terms satisfactory to the Authority and
11802	11802	25 providing for other matters as may be deemed advisable by the
11803	11803	26 Authority.
11804	11804
11805	11805
11806	11806
11807	11807
11808	11808
11809	11809	SB0280 - 330 - LRB103 24970 AMQ 51304 b
11810	11810
11811	11811
11812	11812	SB0280- 331 -LRB103 24970 AMQ 51304 b SB0280 - 331 - LRB103 24970 AMQ 51304 b
11813	11813	SB0280 - 331 - LRB103 24970 AMQ 51304 b
11814	11814	1 "Maintain" or "maintenance" includes ordinary maintenance,
11815	11815	2 repair, rehabilitation, capital maintenance, maintenance
11816	11816	3 replacement, and any other categories of maintenance that may
11817	11817	4 be designated by the local, regional, or State transportation
11818	11818	5 agency.
11819	11819	6 "Municipal poverty rate" is the percentage of total
11820	11820	7 population of the municipality having income levels below the
11821	11821	8 poverty level as determined by the Authority based upon the
11822	11822	9 most recent data released by the United States Census Bureau
11823	11823	10 before the beginning of such calendar year.
11824	11824	11 "Occupational license" means a license issued by the
11825	11825	12 Casino Gambling Division of the Department of Lottery and
11826	11826	13 Gaming Illinois Gaming Board to a person or entity to perform
11827	11827	14 an occupation which the Division Illinois Gaming Board has
11828	11828	15 identified as requiring a license to engage in riverboat,
11829	11829	16 dockside, or land-based gambling in Illinois.
11830	11830	17 "Operate" or "operation" means to do one or more of the
11831	11831	18 following: maintain, improve, equip, modify, or otherwise
11832	11832	19 operate.
11833	11833	20 "Person" means any natural person, firm, partnership,
11834	11834	21 corporation, both domestic and foreign, company, association,
11835	11835	22 or joint stock association and includes any trustee, receiver,
11836	11836	23 assignee, or personal representative thereof.
11837	11837	24 "Project" means an industrial, housing, residential,
11838	11838	25 commercial, transportation, or service project, or any
11839	11839	26 combination thereof, provided that all uses shall fall within
11840	11840
11841	11841
11842	11842
11843	11843
11844	11844
11845	11845	SB0280 - 331 - LRB103 24970 AMQ 51304 b
11846	11846
11847	11847
11848	11848	SB0280- 332 -LRB103 24970 AMQ 51304 b SB0280 - 332 - LRB103 24970 AMQ 51304 b
11849	11849	SB0280 - 332 - LRB103 24970 AMQ 51304 b
11850	11850	1 one of those categories. Any project, of any nature
11851	11851	2 whatsoever, shall automatically include all site improvements
11852	11852	3 and new construction involving sidewalks, sewers, solid waste
11853	11853	4 and wastewater treatment and disposal sites and other
11854	11854	5 pollution control facilities, resource or waste reduction,
11855	11855	6 recovery, treatment and disposal facilities, parks, open
11856	11856	7 spaces, wildlife sanctuaries, streets, highways, and runways.
11857	11857	8 "Revenue bond" means any bond issued by the Authority
11858	11858	9 under the supervision of the Illinois Finance Authority, the
11859	11859	10 principal and interest of which are payable solely from
11860	11860	11 revenues or income derived from any project or activity of the
11861	11861	12 Authority.
11862	11862	13 "Transportation facility" means any new or existing road,
11863	11863	14 highway, toll highway, bridge, tunnel, intermodal facility,
11864	11864	15 intercity or high-speed passenger rail, or other
11865	11865	16 transportation facility or infrastructure, excluding airports.
11866	11866	17 The term "transportation facility" may refer to one or more
11867	11867	18 transportation facilities that are proposed to be developed or
11868	11868	19 operated as part of a single transportation project.
11869	11869	20 "Transportation project" means one or more transportation
11870	11870	21 improvement projects including, but not limited to, new or
11871	11871	22 existing roads or highways, new or expanded intermodal
11872	11872	23 projects, and new or expanded transit projects,
11873	11873	24 transit-oriented development, intercity rail, and passenger
11874	11874	25 rail. "Transportation project" does not include airport
11875	11875	26 projects.
11876	11876
11877	11877
11878	11878
11879	11879
11880	11880
11881	11881	SB0280 - 332 - LRB103 24970 AMQ 51304 b
11882	11882
11883	11883
11884	11884	SB0280- 333 -LRB103 24970 AMQ 51304 b SB0280 - 333 - LRB103 24970 AMQ 51304 b
11885	11885	SB0280 - 333 - LRB103 24970 AMQ 51304 b
11886	11886	1 (Source: P.A. 98-384, eff. 8-16-13.)
11887	11887	2 Section 125. The Joliet Regional Port District Act is
11888	11888	3 amended by changing Section 5.1 as follows:
11889	11889	4 (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
11890	11890	5 Sec. 5.1. Riverboat and casino gambling. Notwithstanding
11891	11891	6 any other provision of this Act, the District may not regulate
11892	11892	7 the operation, conduct, or navigation of any riverboat
11893	11893	8 gambling casino licensed under the Illinois Gambling Act, and
11894	11894	9 the District may not license, tax, or otherwise levy any
11895	11895	10 assessment of any kind on any riverboat gambling casino
11896	11896	11 licensed under the Illinois Gambling Act. The General Assembly
11897	11897	12 declares that the powers to regulate the operation, conduct,
11898	11898	13 and navigation of riverboat gambling casinos and to license,
11899	11899	14 tax, and levy assessments upon riverboat gambling casinos are
11900	11900	15 exclusive powers of the State of Illinois and the Department
11901	11901	16 of Lottery and Gaming Illinois Gaming Board as provided in the
11902	11902	17 Illinois Gambling Act.
11903	11903	18 (Source: P.A. 101-31, eff. 6-28-19.)
11904	11904	19 Section 130. The Illinois Horse Racing Act of 1975 is
11905	11905	20 amended by changing Sections 2, 2.5, 3.01, 3.04, 3.07, 3.075,
11906	11906	21 3.080, 3.11, 3.12, 3.13, 3.17, 3.18, 3.19, 3.29, 3.35, 4, 9,
11907	11907	22 10, 12, 12.1, 12.2, 13, 14, 14a, 15, 15.1, 15.2, 15.3, 15.4,
11908	11908	23 15.5, 16, 18, 19, 19.5, 20, 20.1, 21, 23, 24, 25, 26, 26.9, 27,
11909	11909
11910	11910
11911	11911
11912	11912
11913	11913
11914	11914	SB0280 - 333 - LRB103 24970 AMQ 51304 b
11915	11915
11916	11916
11917	11917	SB0280- 334 -LRB103 24970 AMQ 51304 b SB0280 - 334 - LRB103 24970 AMQ 51304 b
11918	11918	SB0280 - 334 - LRB103 24970 AMQ 51304 b
11919	11919	1 27.2, 28, 28.1, 30, 30.5, 31, 31.1, 32, 32.1, 34.3, 35, 36,
11920	11920	2 36a, 37, 38, 39, 40, 45, 46, 49, 51, 54.75, 55, and 56 as
11921	11921	3 follows:
11922	11922	4 (230 ILCS 5/2) (from Ch. 8, par. 37-2)
11923	11923	5 Sec. 2. There is hereby created and established a Division
11924	11924	6 of Horse Racing within the Department of Lottery and Gaming an
11925	11925	7 Illinois Racing Board which shall have the powers and duties
11926	11926	8 specified in this Act, and also the powers necessary and
11927	11927	9 proper to enable it to fully and effectively execute all the
11928	11928	10 provisions and purposes of this Act. The jurisdiction,
11929	11929	11 supervision, powers, and duties of the Division Board shall
11930	11930	12 extend under this Act to every person who holds or conducts any
11931	11931	13 meeting within the State of Illinois where horse racing is
11932	11932	14 permitted for any stake, purse or reward.
11933	11933	15 (Source: P.A. 89-16, eff. 5-30-95.)
11934	11934	16 (230 ILCS 5/2.5)
11935	11935	17 Sec. 2.5. Separation from Department of Revenue. On the
11936	11936	18 effective date of this amendatory Act of the 96th General
11937	11937	19 Assembly, all of the powers, duties, assets, liabilities,
11938	11938	20 employees, contracts, property, records, pending business, and
11939	11939	21 unexpended appropriations of the Department of Revenue related
11940	11940	22 to the administration and enforcement of this Act are
11941	11941	23 transferred to the former Illinois Racing Board.
11942	11942	24 The status and rights of the transferred employees, and
11943	11943
11944	11944
11945	11945
11946	11946
11947	11947
11948	11948	SB0280 - 334 - LRB103 24970 AMQ 51304 b
11949	11949
11950	11950
11951	11951	SB0280- 335 -LRB103 24970 AMQ 51304 b SB0280 - 335 - LRB103 24970 AMQ 51304 b
11952	11952	SB0280 - 335 - LRB103 24970 AMQ 51304 b
11953	11953	1 the rights of the State of Illinois and its agencies, under the
11954	11954	2 Personnel Code and applicable collective bargaining agreements
11955	11955	3 or under any pension, retirement, or annuity plan are not
11956	11956	4 affected (except as provided in the Illinois Pension Code) by
11957	11957	5 that transfer or by any other provision of this amendatory Act
11958	11958	6 of the 96th General Assembly.
11959	11959	7 (Source: P.A. 96-796, eff. 10-29-09.)
11960	11960	8 (230 ILCS 5/3.01) (from Ch. 8, par. 37-3.01)
11961	11961	9 Sec. 3.01. "Division" means the Division of Horse Racing
11962	11962	10 within the Department of Lottery and Gaming "Board" means the
11963	11963	11 Illinois Racing Board.
11964	11964	12 (Source: P.A. 79-1185.)
11965	11965	13 (230 ILCS 5/3.04) (from Ch. 8, par. 37-3.04)
11966	11966	14 Sec. 3.04. "Director of mutuels" means the individual
11967	11967	15 representing the Division Board in the supervision and
11968	11968	16 verification of the pari-mutuel wagering pool totals for each
11969	11969	17 racing day, which verification shall be the basis for
11970	11970	18 computing State privilege or pari-mutuel taxes, licensee
11971	11971	19 commissions and purses.
11972	11972	20 (Source: P.A. 91-40, eff. 6-25-99.)
11973	11973	21 (230 ILCS 5/3.07) (from Ch. 8, par. 37-3.07)
11974	11974	22 Sec. 3.07. "Horse race meeting" or "race meeting" or
11975	11975	23 "meeting" shall mean the whole period of time, whether
11976	11976
11977	11977
11978	11978
11979	11979
11980	11980
11981	11981	SB0280 - 335 - LRB103 24970 AMQ 51304 b
11982	11982
11983	11983
11984	11984	SB0280- 336 -LRB103 24970 AMQ 51304 b SB0280 - 336 - LRB103 24970 AMQ 51304 b
11985	11985	SB0280 - 336 - LRB103 24970 AMQ 51304 b
11986	11986	1 consecutive dates or those instances where nonconsecutive
11987	11987	2 dates are granted, for which an organization license to race
11988	11988	3 has been granted to any one organization licensee by the
11989	11989	4 Division Board.
11990	11990	5 (Source: P.A. 89-16. eff. 5-30-95.)
11991	11991	6 (230 ILCS 5/3.075)
11992	11992	7 Sec. 3.075. (a) "Host track" means the organization
11993	11993	8 licensee (i) conducting live thoroughbred racing between the
11994	11994	9 hours of 6:30 a.m. and 6:30 p.m. from the first day to the last
11995	11995	10 day of its horse racing meet as awarded by the Division Board
11996	11996	11 (including all days within that period when no live racing
11997	11997	12 occurs), except as otherwise provided in subsections (c) and
11998	11998	13 (e) of this Section, or (ii) conducting live standardbred
11999	11999	14 racing between the hours of 6:30 p.m. to 6:30 a.m. of the
12000	12000	15 following day from the first day to the last day of its horse
12001	12001	16 racing meet as awarded by the Division Board (including all
12002	12002	17 days within that period when no live racing occurs, except as
12003	12003	18 otherwise provided in subsections (b), (d), and (e) of this
12004	12004	19 Section); provided that the organization licensee conducts
12005	12005	20 live racing no fewer than 5 days per week with no fewer than 9
12006	12006	21 races per day, unless a lesser schedule of live racing is the
12007	12007	22 result of (1) weather, unsafe track conditions, or other acts
12008	12008	23 of God; (2) an agreement between the organization licensee and
12009	12009	24 the associations representing the largest number of owners,
12010	12010	25 trainers, and standardbred drivers who race horses at that
12011	12011
12012	12012
12013	12013
12014	12014
12015	12015
12016	12016	SB0280 - 336 - LRB103 24970 AMQ 51304 b
12017	12017
12018	12018
12019	12019	SB0280- 337 -LRB103 24970 AMQ 51304 b SB0280 - 337 - LRB103 24970 AMQ 51304 b
12020	12020	SB0280 - 337 - LRB103 24970 AMQ 51304 b
12021	12021	1 organization licensee's race meeting, with the Division's
12022	12022	2 Board's consent; or (3) a decision by the Division Board after
12023	12023	3 a public hearing (in which the associations representing the
12024	12024	4 owners, trainers, jockeys, or standardbred drivers who race
12025	12025	5 horses at that organization licensee's race meeting shall
12026	12026	6 participate) either at the time racing dates are awarded or
12027	12027	7 after those dates are awarded due to changed financial
12028	12028	8 circumstances, upon a written petition from the organization
12029	12029	9 licensee, accompanied by supporting financial data as
12030	12030	10 requested by the Division Board, stating that the organization
12031	12031	11 licensee has and will continue to incur significant financial
12032	12032	12 losses. No organization licensee conducting its race meeting
12033	12033	13 in a county bordering the Mississippi River and having a
12034	12034	14 population greater than 230,000 may be a host track for its
12035	12035	15 race meeting.
12036	12036	16 (b) (Blank).
12037	12037	17 (c) (Blank).
12038	12038	18 (d) Notwithstanding the provisions of subsection (a) of
12039	12039	19 this Section and except as otherwise provided in subsection
12040	12040	20 (e) of this Section, in the event that 2 organization
12041	12041	21 licensees conduct their standardbred race meetings
12042	12042	22 concurrently on any date after January 1, 1996, between the
12043	12043	23 hours of 6:30 p.m. and 6:30 a.m., the organization licensee
12044	12044	24 awarded the most racing dates between 6:30 p.m. and 6:30 a.m.
12045	12045	25 during the calendar year in which that concurrent racing
12046	12046	26 occurs will be deemed the host track, provided that the 2
12047	12047
12048	12048
12049	12049
12050	12050
12051	12051
12052	12052	SB0280 - 337 - LRB103 24970 AMQ 51304 b
12053	12053
12054	12054
12055	12055	SB0280- 338 -LRB103 24970 AMQ 51304 b SB0280 - 338 - LRB103 24970 AMQ 51304 b
12056	12056	SB0280 - 338 - LRB103 24970 AMQ 51304 b
12057	12057	1 organization licensees collectively conduct live standardbred
12058	12058	2 racing between 6:30 p.m. and 6:30 a.m. during the week in which
12059	12059	3 concurrent race meetings occur no less than 5 days per week
12060	12060	4 with no less than 9 races per day. During each week of the
12061	12061	5 calendar year in which 2 organization licensees are conducting
12062	12062	6 live standardbred race meetings between 6:30 p.m. and 6:30
12063	12063	7 a.m., if there is any day in that week on which only one
12064	12064	8 organization licensee is conducting a standardbred race
12065	12065	9 meeting between 6:30 p.m. and 6:30 a.m., that organization
12066	12066	10 licensee shall be the host track provided that the 2
12067	12067	11 organization licensees collectively conduct live standardbred
12068	12068	12 racing between 6:30 p.m. and 6:30 a.m. during the week in which
12069	12069	13 concurrent race meetings occur no less than 5 days per week
12070	12070	14 with no less than 9 races per day. During each week of the
12071	12071	15 calendar year in which 2 organization licensees are
12072	12072	16 concurrently conducting live standardbred race meetings on one
12073	12073	17 or more days between 6:30 p.m. and 6:30 a.m., if there is any
12074	12074	18 day in that week on which no organization licensee is
12075	12075	19 conducting a standardbred race meeting between 6:30 p.m. and
12076	12076	20 6:30 a.m., the organization licensee conducting a standardbred
12077	12077	21 race meeting during that week and time period that has been
12078	12078	22 awarded the most racing dates during the calendar year between
12079	12079	23 6:30 p.m. and 6:30 a.m. shall be the host track, provided that
12080	12080	24 the 2 organization licensees collectively conduct live
12081	12081	25 standardbred racing between 6:30 p.m. and 6:30 a.m. during the
12082	12082	26 week in which concurrent race meetings occur no less than 5
12083	12083
12084	12084
12085	12085
12086	12086
12087	12087
12088	12088	SB0280 - 338 - LRB103 24970 AMQ 51304 b
12089	12089
12090	12090
12091	12091	SB0280- 339 -LRB103 24970 AMQ 51304 b SB0280 - 339 - LRB103 24970 AMQ 51304 b
12092	12092	SB0280 - 339 - LRB103 24970 AMQ 51304 b
12093	12093	1 days per week with no less than 9 races per day. The
12094	12094	2 requirement in this subsection (d) that live racing be
12095	12095	3 conducted no less than 5 days per week with no less than 9
12096	12096	4 races per day shall be subject to exceptions set forth in items
12097	12097	5 (1), (2), and (3) of subsection (a) of Section 3.075.
12098	12098	6 (e) During any calendar period in which no organization
12099	12099	7 licensee has been awarded a thoroughbred race meeting, the
12100	12100	8 host track, between the hours of 6:30 a.m. and 6:30 p.m. of
12101	12101	9 such period, shall be an organization licensee determined by
12102	12102	10 the Division Board, provided the organization licensee has
12103	12103	11 been awarded a thoroughbred race meeting in the current year
12104	12104	12 and is eligible to be a host track.
12105	12105	13 (Source: P.A. 91-40, eff. 6-25-99.)
12106	12106	14 (230 ILCS 5/3.080)
12107	12107	15 Sec. 3.080. "Simulcast program" means the program of
12108	12108	16 simultaneously televised horse races, including (i) the signal
12109	12109	17 of any out-of-state horse race selected by the host track
12110	12110	18 subject to the disapproval of the Division Board, (ii) the
12111	12111	19 signals of live racing of all organization licensees, which
12112	12112	20 must be included by the host track; and (iii) the signal of
12113	12113	21 live racing at the DuQuoin and Springfield State fairs, if
12114	12114	22 mandated by the Division Board.
12115	12115	23 (Source: P.A. 89-16, eff. 5-30-95.)
12116	12116	24 (230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
12117	12117
12118	12118
12119	12119
12120	12120
12121	12121
12122	12122	SB0280 - 339 - LRB103 24970 AMQ 51304 b
12123	12123
12124	12124
12125	12125	SB0280- 340 -LRB103 24970 AMQ 51304 b SB0280 - 340 - LRB103 24970 AMQ 51304 b
12126	12126	SB0280 - 340 - LRB103 24970 AMQ 51304 b
12127	12127	1 Sec. 3.11. "Organization licensee" means any person
12128	12128	2 receiving an organization license from the Division Board to
12129	12129	3 conduct a race meeting or meetings. With respect only to
12130	12130	4 organization gaming, "organization licensee" includes the
12131	12131	5 authorization for an organization gaming license under
12132	12132	6 subsection (a) of Section 56 of this Act.
12133	12133	7 (Source: P.A. 101-31, eff. 6-28-19.)
12134	12134	8 (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
12135	12135	9 Sec. 3.12. Pari-mutuel system of wagering. "Pari-mutuel
12136	12136	10 system of wagering" means a form of wagering on the outcome of
12137	12137	11 horse races in which wagers are made in various denominations
12138	12138	12 on a horse or horses and all wagers for each race are pooled
12139	12139	13 and held by a licensee for distribution in a manner approved by
12140	12140	14 the Division Board. "Pari-mutuel system of wagering" shall not
12141	12141	15 include wagering on historic races. Wagers may be placed via
12142	12142	16 any method or at any location authorized under this Act.
12143	12143	17 (Source: P.A. 101-31, eff. 6-28-19.)
12144	12144	18 (230 ILCS 5/3.13) (from Ch. 8, par. 37-3.13)
12145	12145	19 Sec. 3.13. "Pari-mutuel pool" or "mutuel pool" or "pool"
12146	12146	20 means the total money wagered by patrons and held by a licensee
12147	12147	21 under the pari-mutuel system on any horse or horses in a
12148	12148	22 particular race. There is a separate mutuel pool for win,
12149	12149	23 place and show, and for each of the various forms of betting as
12150	12150	24 defined by the rules and regulations of the Division Board.
12151	12151
12152	12152
12153	12153
12154	12154
12155	12155
12156	12156	SB0280 - 340 - LRB103 24970 AMQ 51304 b
12157	12157
12158	12158
12159	12159	SB0280- 341 -LRB103 24970 AMQ 51304 b SB0280 - 341 - LRB103 24970 AMQ 51304 b
12160	12160	SB0280 - 341 - LRB103 24970 AMQ 51304 b
12161	12161	1 Subject to the prior consent of the Division Board, any such
12162	12162	2 pool may be supplemented by a licensee in order to guarantee a
12163	12163	3 minimum distribution.
12164	12164	4 (Source: P.A. 89-16, eff. 5-30-95.)
12165	12165	5 (230 ILCS 5/3.17) (from Ch. 8, par. 37-3.17)
12166	12166	6 Sec. 3.17. "Racing days" (or dates) are days within a
12167	12167	7 horse race meeting on which an organization licensee is
12168	12168	8 authorized by the Division Board to conduct horse racing.
12169	12169	9 (Source: P.A. 89-16, eff. 5-30-95.)
12170	12170	10 (230 ILCS 5/3.18) (from Ch. 8, par. 37-3.18)
12171	12171	11 Sec. 3.18. "Director" means the Director of the Division
12172	12172	12 of Horse Racing of the Department of Lottery and Gaming.
12173	12173	13 "Executive Director" means the executive director of the
12174	12174	14 Illinois Racing Board.
12175	12175	15 (Source: P.A. 84-531.)
12176	12176	16 (230 ILCS 5/3.19) (from Ch. 8, par. 37-3.19)
12177	12177	17 Sec. 3.19. "Stewards" means the steward or stewards
12178	12178	18 representing the Division Board, the steward or stewards
12179	12179	19 representing the organization licensee, and any other steward
12180	12180	20 or stewards whose duty it shall be to supervise any horse race
12181	12181	21 meeting as may be provided for by rules and regulations of the
12182	12182	22 Division Board; such rules and regulations shall specify the
12183	12183	23 number of stewards to be appointed, the method and manner of
12184	12184
12185	12185
12186	12186
12187	12187
12188	12188
12189	12189	SB0280 - 341 - LRB103 24970 AMQ 51304 b
12190	12190
12191	12191
12192	12192	SB0280- 342 -LRB103 24970 AMQ 51304 b SB0280 - 342 - LRB103 24970 AMQ 51304 b
12193	12193	SB0280 - 342 - LRB103 24970 AMQ 51304 b
12194	12194	1 their appointment, and their powers, authority and duties.
12195	12195	2 Stewards shall have the power to administer oaths and
12196	12196	3 affirmations.
12197	12197	4 (Source: P.A. 83-589.)
12198	12198	5 (230 ILCS 5/3.29)
12199	12199	6 Sec. 3.29. Advance deposit wagering. "Advance deposit
12200	12200	7 wagering" means a method of pari-mutuel wagering in which an
12201	12201	8 individual may establish an account, deposit money into the
12202	12202	9 account, and use the account balance to pay for pari-mutuel
12203	12203	10 wagering authorized by this Act. An advance deposit wager may
12204	12204	11 be placed in person at a wagering facility or from any other
12205	12205	12 location via a telephone-type device or any other electronic
12206	12206	13 means. Any person who accepts an advance deposit wager who is
12207	12207	14 not licensed by the Division Board as an advance deposit
12208	12208	15 wagering licensee shall be considered in violation of this Act
12209	12209	16 and the Criminal Code of 2012. Any advance deposit wager
12210	12210	17 placed in person at a wagering facility shall be deemed to have
12211	12211	18 been placed at that wagering facility.
12212	12212	19 (Source: P.A. 96-762, eff. 8-25-09; 97-1150, eff. 1-25-13.)
12213	12213	20 (230 ILCS 5/3.35)
12214	12214	21 Sec. 3.35. Organization gaming license. "Organization
12215	12215	22 gaming license" means a license issued by the Department of
12216	12216	23 Lottery and Gaming Illinois Gaming Board under Section 7.7 of
12217	12217	24 the Illinois Gambling Act authorizing gaming pursuant to that
12218	12218
12219	12219
12220	12220
12221	12221
12222	12222
12223	12223	SB0280 - 342 - LRB103 24970 AMQ 51304 b
12224	12224
12225	12225
12226	12226	SB0280- 343 -LRB103 24970 AMQ 51304 b SB0280 - 343 - LRB103 24970 AMQ 51304 b
12227	12227	SB0280 - 343 - LRB103 24970 AMQ 51304 b
12228	12228	1 Section at an organization gaming facility.
12229	12229	2 (Source: P.A. 101-31, eff. 6-28-19.)
12230	12230	3 (230 ILCS 5/4) (from Ch. 8, par. 37-4)
12231	12231	4 Sec. 4. The Division Board shall consist of 11 members to
12232	12232	5 be appointed by the Governor with the advice and consent of the
12233	12233	6 Senate, not more than 6 of whom shall be of the same political
12234	12234	7 party, and one of whom shall be designated by the Governor to
12235	12235	8 be chairman. Each member shall have a reasonable knowledge of
12236	12236	9 harness or thoroughbred racing practices and procedure and of
12237	12237	10 the principles of harness or thoroughbred racing and breeding
12238	12238	11 and, at the time of his appointment, shall be a resident of the
12239	12239	12 State of Illinois and shall have resided therein for a period
12240	12240	13 of at least 5 years next preceding his appointment and
12241	12241	14 qualification and he shall be a qualified voter therein and
12242	12242	15 not less than 25 years of age.
12243	12243	16 (Source: P.A. 91-798, eff. 7-9-00.)
12244	12244	17 (230 ILCS 5/9) (from Ch. 8, par. 37-9)
12245	12245	18 Sec. 9. The Division Board shall have all powers necessary
12246	12246	19 and proper to fully and effectively execute the provisions of
12247	12247	20 this Act, including, but not limited to, the following:
12248	12248	21 (a) The Division Board is vested with jurisdiction and
12249	12249	22 supervision over all race meetings in this State, over all
12250	12250	23 licensees doing business in this State, over all occupation
12251	12251	24 licensees, and over all persons on the facilities of any
12252	12252
12253	12253
12254	12254
12255	12255
12256	12256
12257	12257	SB0280 - 343 - LRB103 24970 AMQ 51304 b
12258	12258
12259	12259
12260	12260	SB0280- 344 -LRB103 24970 AMQ 51304 b SB0280 - 344 - LRB103 24970 AMQ 51304 b
12261	12261	SB0280 - 344 - LRB103 24970 AMQ 51304 b
12262	12262	1 licensee. Such jurisdiction shall include the power to issue
12263	12263	2 licenses to the Illinois Department of Agriculture authorizing
12264	12264	3 the pari-mutuel system of wagering on harness and Quarter
12265	12265	4 Horse races held (1) at the Illinois State Fair in Sangamon
12266	12266	5 County, and (2) at the DuQuoin State Fair in Perry County. The
12267	12267	6 jurisdiction of the Division Board shall also include the
12268	12268	7 power to issue licenses to county fairs which are eligible to
12269	12269	8 receive funds pursuant to the Agricultural Fair Act, as now or
12270	12270	9 hereafter amended, or their agents, authorizing the
12271	12271	10 pari-mutuel system of wagering on horse races conducted at the
12272	12272	11 county fairs receiving such licenses. Such licenses shall be
12273	12273	12 governed by subsection (n) of this Section.
12274	12274	13 Upon application, the Division Board shall issue a license
12275	12275	14 to the Illinois Department of Agriculture to conduct harness
12276	12276	15 and Quarter Horse races at the Illinois State Fair and at the
12277	12277	16 DuQuoin State Fairgrounds during the scheduled dates of each
12278	12278	17 fair. The Division Board shall not require and the Department
12279	12279	18 of Agriculture shall be exempt from the requirements of
12280	12280	19 Sections 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d),
12281	12281	20 (e), (e-5), (e-10), (f), (g), and (h) of Section 20, and
12282	12282	21 Sections 21, 24 and 25. The Division Board and the Department
12283	12283	22 of Agriculture may extend any or all of these exemptions to any
12284	12284	23 contractor or agent engaged by the Department of Agriculture
12285	12285	24 to conduct its race meetings when the Division Board
12286	12286	25 determines that this would best serve the public interest and
12287	12287	26 the interest of horse racing.
12288	12288
12289	12289
12290	12290
12291	12291
12292	12292
12293	12293	SB0280 - 344 - LRB103 24970 AMQ 51304 b
12294	12294
12295	12295
12296	12296	SB0280- 345 -LRB103 24970 AMQ 51304 b SB0280 - 345 - LRB103 24970 AMQ 51304 b
12297	12297	SB0280 - 345 - LRB103 24970 AMQ 51304 b
12298	12298	1 Notwithstanding any provision of law to the contrary, it
12299	12299	2 shall be lawful for any licensee to operate pari-mutuel
12300	12300	3 wagering or contract with the Department of Agriculture to
12301	12301	4 operate pari-mutuel wagering at the DuQuoin State Fairgrounds
12302	12302	5 or for the Department to enter into contracts with a licensee,
12303	12303	6 employ its owners, employees or agents and employ such other
12304	12304	7 occupation licensees as the Department deems necessary in
12305	12305	8 connection with race meetings and wagerings.
12306	12306	9 (b) The Division Board is vested with the full power to
12307	12307	10 promulgate reasonable rules and regulations for the purpose of
12308	12308	11 administering the provisions of this Act and to prescribe
12309	12309	12 reasonable rules, regulations and conditions under which all
12310	12310	13 horse race meetings or wagering in the State shall be
12311	12311	14 conducted. Such reasonable rules and regulations are to
12312	12312	15 provide for the prevention of practices detrimental to the
12313	12313	16 public interest and to promote the best interests of horse
12314	12314	17 racing and to impose penalties for violations thereof.
12315	12315	18 (c) The Division Board, and any person or persons to whom
12316	12316	19 it delegates this power, is vested with the power to enter the
12317	12317	20 facilities and other places of business of any licensee to
12318	12318	21 determine whether there has been compliance with the
12319	12319	22 provisions of this Act and its rules and regulations.
12320	12320	23 (d) The Division Board, and any person or persons to whom
12321	12321	24 it delegates this power, is vested with the authority to
12322	12322	25 investigate alleged violations of the provisions of this Act,
12323	12323	26 its reasonable rules and regulations, orders and final
12324	12324
12325	12325
12326	12326
12327	12327
12328	12328
12329	12329	SB0280 - 345 - LRB103 24970 AMQ 51304 b
12330	12330
12331	12331
12332	12332	SB0280- 346 -LRB103 24970 AMQ 51304 b SB0280 - 346 - LRB103 24970 AMQ 51304 b
12333	12333	SB0280 - 346 - LRB103 24970 AMQ 51304 b
12334	12334	1 decisions; the Division Board shall take appropriate
12335	12335	2 disciplinary action against any licensee or occupation
12336	12336	3 licensee for violation thereof or institute appropriate legal
12337	12337	4 action for the enforcement thereof.
12338	12338	5 (e) The Division Board, and any person or persons to whom
12339	12339	6 it delegates this power, may eject or exclude from any race
12340	12340	7 meeting or the facilities of any licensee, or any part
12341	12341	8 thereof, any occupation licensee or any other individual whose
12342	12342	9 conduct or reputation is such that his presence on those
12343	12343	10 facilities may, in the opinion of the Division Board, call
12344	12344	11 into question the honesty and integrity of horse racing or
12345	12345	12 wagering or interfere with the orderly conduct of horse racing
12346	12346	13 or wagering; provided, however, that no person shall be
12347	12347	14 excluded or ejected from the facilities of any licensee solely
12348	12348	15 on the grounds of race, color, creed, national origin,
12349	12349	16 ancestry, or sex. The power to eject or exclude an occupation
12350	12350	17 licensee or other individual may be exercised for just cause
12351	12351	18 by the licensee or the Division Board, subject to subsequent
12352	12352	19 hearing by the Division Board as to the propriety of said
12353	12353	20 exclusion.
12354	12354	21 (f) The Division Board is vested with the power to
12355	12355	22 acquire, establish, maintain and operate (or provide by
12356	12356	23 contract to maintain and operate) testing laboratories and
12357	12357	24 related facilities, for the purpose of conducting saliva,
12358	12358	25 blood, urine and other tests on the horses run or to be run in
12359	12359	26 any horse race meeting, including races run at county fairs,
12360	12360
12361	12361
12362	12362
12363	12363
12364	12364
12365	12365	SB0280 - 346 - LRB103 24970 AMQ 51304 b
12366	12366
12367	12367
12368	12368	SB0280- 347 -LRB103 24970 AMQ 51304 b SB0280 - 347 - LRB103 24970 AMQ 51304 b
12369	12369	SB0280 - 347 - LRB103 24970 AMQ 51304 b
12370	12370	1 and to purchase all equipment and supplies deemed necessary or
12371	12371	2 desirable in connection with any such testing laboratories and
12372	12372	3 related facilities and all such tests.
12373	12373	4 (g) The Division Board may require that the records,
12374	12374	5 including financial or other statements of any licensee or any
12375	12375	6 person affiliated with the licensee who is involved directly
12376	12376	7 or indirectly in the activities of any licensee as regulated
12377	12377	8 under this Act to the extent that those financial or other
12378	12378	9 statements relate to such activities be kept in such manner as
12379	12379	10 prescribed by the Division Board, and that Division Board
12380	12380	11 employees shall have access to those records during reasonable
12381	12381	12 business hours. Within 120 days of the end of its fiscal year,
12382	12382	13 each licensee shall transmit to the Division Board an audit of
12383	12383	14 the financial transactions and condition of the licensee's
12384	12384	15 total operations. All audits shall be conducted by certified
12385	12385	16 public accountants. Each certified public accountant must be
12386	12386	17 registered in the State of Illinois under the Illinois Public
12387	12387	18 Accounting Act. The compensation for each certified public
12388	12388	19 accountant shall be paid directly by the licensee to the
12389	12389	20 certified public accountant. A licensee shall also submit any
12390	12390	21 other financial or related information the Division Board
12391	12391	22 deems necessary to effectively administer this Act and all
12392	12392	23 rules, regulations, and final decisions promulgated under this
12393	12393	24 Act.
12394	12394	25 (h) The Division Board shall name and appoint in the
12395	12395	26 manner provided by the rules and regulations of the Division
12396	12396
12397	12397
12398	12398
12399	12399
12400	12400
12401	12401	SB0280 - 347 - LRB103 24970 AMQ 51304 b
12402	12402
12403	12403
12404	12404	SB0280- 348 -LRB103 24970 AMQ 51304 b SB0280 - 348 - LRB103 24970 AMQ 51304 b
12405	12405	SB0280 - 348 - LRB103 24970 AMQ 51304 b
12406	12406	1 Board: an Executive Director; a State director of mutuels;
12407	12407	2 State veterinarians and representatives to take saliva, blood,
12408	12408	3 urine and other tests on horses; licensing personnel; revenue
12409	12409	4 inspectors; and State seasonal employees (excluding admission
12410	12410	5 ticket sellers and mutuel clerks). All of those named and
12411	12411	6 appointed as provided in this subsection shall serve during
12412	12412	7 the pleasure of the Division Board; their compensation shall
12413	12413	8 be determined by the Division Board and be paid in the same
12414	12414	9 manner as other employees of the Division Board under this
12415	12415	10 Act.
12416	12416	11 (i) The Division Board shall require that there shall be 3
12417	12417	12 stewards at each horse race meeting, at least 2 of whom shall
12418	12418	13 be named and appointed by the Board. Stewards appointed or
12419	12419	14 approved by the Division Board, while performing duties
12420	12420	15 required by this Act or by the Division Board, shall be
12421	12421	16 entitled to the same rights and immunities as granted to
12422	12422	17 Division Board members and Board employees in Section 10 of
12423	12423	18 this Act.
12424	12424	19 (j) The Division Board may discharge any Division Board
12425	12425	20 employee who fails or refuses for any reason to comply with the
12426	12426	21 rules and regulations of the Division Board, or who, in the
12427	12427	22 opinion of the Division Board, is guilty of fraud, dishonesty
12428	12428	23 or who is proven to be incompetent. The Division Board shall
12429	12429	24 have no right or power to determine who shall be officers,
12430	12430	25 directors or employees of any licensee, or their salaries
12431	12431	26 except the Division Board may, by rule, require that all or any
12432	12432
12433	12433
12434	12434
12435	12435
12436	12436
12437	12437	SB0280 - 348 - LRB103 24970 AMQ 51304 b
12438	12438
12439	12439
12440	12440	SB0280- 349 -LRB103 24970 AMQ 51304 b SB0280 - 349 - LRB103 24970 AMQ 51304 b
12441	12441	SB0280 - 349 - LRB103 24970 AMQ 51304 b
12442	12442	1 officials or employees in charge of or whose duties relate to
12443	12443	2 the actual running of races be approved by the Division Board.
12444	12444	3 (k) The Division Board is vested with the power to appoint
12445	12445	4 delegates to execute any of the powers granted to it under this
12446	12446	5 Section for the purpose of administering this Act and any
12447	12447	6 rules or regulations promulgated in accordance with this Act.
12448	12448	7 (l) The Division Board is vested with the power to impose
12449	12449	8 civil penalties of up to $5,000 against an individual and up to
12450	12450	9 $10,000 against a licensee for each violation of any provision
12451	12451	10 of this Act, any rules adopted by the Division Board, any order
12452	12452	11 of the Division Board or any other action which, in the
12453	12453	12 Division's Board's discretion, is a detriment or impediment to
12454	12454	13 horse racing or wagering. Beginning on the date when any
12455	12455	14 organization licensee begins conducting gaming pursuant to an
12456	12456	15 organization gaming license issued under the Illinois Gambling
12457	12457	16 Act, the power granted to the Division Board pursuant to this
12458	12458	17 subsection (l) shall authorize the Division Board to impose
12459	12459	18 penalties of up to $10,000 against an individual and up to
12460	12460	19 $25,000 against a licensee. All such civil penalties shall be
12461	12461	20 deposited into the Horse Racing Fund.
12462	12462	21 (m) The Division Board is vested with the power to
12463	12463	22 prescribe a form to be used by licensees as an application for
12464	12464	23 employment for employees of each licensee.
12465	12465	24 (n) The Division Board shall have the power to issue a
12466	12466	25 license to any county fair, or its agent, authorizing the
12467	12467	26 conduct of the pari-mutuel system of wagering. The Division
12468	12468
12469	12469
12470	12470
12471	12471
12472	12472
12473	12473	SB0280 - 349 - LRB103 24970 AMQ 51304 b
12474	12474
12475	12475
12476	12476	SB0280- 350 -LRB103 24970 AMQ 51304 b SB0280 - 350 - LRB103 24970 AMQ 51304 b
12477	12477	SB0280 - 350 - LRB103 24970 AMQ 51304 b
12478	12478	1 Board is vested with the full power to promulgate reasonable
12479	12479	2 rules, regulations and conditions under which all horse race
12480	12480	3 meetings licensed pursuant to this subsection shall be held
12481	12481	4 and conducted, including rules, regulations and conditions for
12482	12482	5 the conduct of the pari-mutuel system of wagering. The rules,
12483	12483	6 regulations and conditions shall provide for the prevention of
12484	12484	7 practices detrimental to the public interest and for the best
12485	12485	8 interests of horse racing, and shall prescribe penalties for
12486	12486	9 violations thereof. Any authority granted the Division Board
12487	12487	10 under this Act shall extend to its jurisdiction and
12488	12488	11 supervision over county fairs, or their agents, licensed
12489	12489	12 pursuant to this subsection. However, the Division Board may
12490	12490	13 waive any provision of this Act or its rules or regulations
12491	12491	14 which would otherwise apply to such county fairs or their
12492	12492	15 agents.
12493	12493	16 (o) Whenever the Division Board is authorized or required
12494	12494	17 by law to consider some aspect of criminal history record
12495	12495	18 information for the purpose of carrying out its statutory
12496	12496	19 powers and responsibilities, then, upon request and payment of
12497	12497	20 fees in conformance with the requirements of Section 2605-400
12498	12498	21 of the Illinois State Police Law, the Illinois State Police
12499	12499	22 are is authorized to furnish, pursuant to positive
12500	12500	23 identification, such information contained in State files as
12501	12501	24 is necessary to fulfill the request.
12502	12502	25 (p) To insure the convenience, comfort, and wagering
12503	12503	26 accessibility of race track patrons, to provide for the
12504	12504
12505	12505
12506	12506
12507	12507
12508	12508
12509	12509	SB0280 - 350 - LRB103 24970 AMQ 51304 b
12510	12510
12511	12511
12512	12512	SB0280- 351 -LRB103 24970 AMQ 51304 b SB0280 - 351 - LRB103 24970 AMQ 51304 b
12513	12513	SB0280 - 351 - LRB103 24970 AMQ 51304 b
12514	12514	1 maximization of State revenue, and to generate increases in
12515	12515	2 purse allotments to the horsemen, the Division Board shall
12516	12516	3 require any licensee to staff the pari-mutuel department with
12517	12517	4 adequate personnel.
12518	12518	5 (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
12519	12519	6 (230 ILCS 5/10) (from Ch. 8, par. 37-10)
12520	12520	7 Sec. 10. Any Division Board member or Board employee who
12521	12521	8 is subject to any civil action arising from any act executed by
12522	12522	9 him while serving as a Division Board member or Board employee
12523	12523	10 shall be represented by the Attorney General. All costs of
12524	12524	11 defending such law suit and satisfaction of any judgment
12525	12525	12 rendered against a Division Board member or Board employee
12526	12526	13 shall be incurred by the Division Board. Any Division Board
12527	12527	14 member or Board employee is entitled to the benefit of this
12528	12528	15 Section provided the act was committed in good faith.
12529	12529	16 (Source: P.A. 79-1185.)
12530	12530	17 (230 ILCS 5/12) (from Ch. 8, par. 37-12)
12531	12531	18 Sec. 12. (a) Board members shall employ under the
12532	12532	19 "Personnel Code", as now or hereafter amended, such
12533	12533	20 representatives, accountants, clerks, stenographers,
12534	12534	21 inspectors, and other employees as may be necessary. No person
12535	12535	22 shall be appointed or hold any office or position under the
12536	12536	23 Division Board who, or any member of whose family, is:
12537	12537	24 (1) an official of, or has any financial or ownership
12538	12538
12539	12539
12540	12540
12541	12541
12542	12542
12543	12543	SB0280 - 351 - LRB103 24970 AMQ 51304 b
12544	12544
12545	12545
12546	12546	SB0280- 352 -LRB103 24970 AMQ 51304 b SB0280 - 352 - LRB103 24970 AMQ 51304 b
12547	12547	SB0280 - 352 - LRB103 24970 AMQ 51304 b
12548	12548	1 interest in any licensee or occupation licensee engaged in
12549	12549	2 conducting racing within this State, or,
12550	12550	3 (2) an owner, trainer, jockey, or harness driver of a
12551	12551	4 horse competing at a race meeting under the jurisdiction
12552	12552	5 of the Board.
12553	12553	6 (b) Any employee violating the prohibitions set forth in
12554	12554	7 subsection (a) of this Section shall be subject to the
12555	12555	8 termination of his or her employment. If the Division Board
12556	12556	9 determines that an employee is in violation of subsection (a)
12557	12557	10 of this Section and should be discharged, it must observe the
12558	12558	11 procedures outlined in the "Personnel Code", as now or
12559	12559	12 hereafter amended, as they apply to discharge proceedings.
12560	12560	13 (c) No person employed by the Board during the 12 months
12561	12561	14 preceding the effective date of this Act shall be terminated
12562	12562	15 from employment due to a violation of the prohibitions set
12563	12563	16 forth in subsection (a) of this Section.
12564	12564	17 (Source: P.A. 89-16, eff. 5-30-95.)
12565	12565	18 (230 ILCS 5/12.1) (from Ch. 8, par. 37-12.1)
12566	12566	19 Sec. 12.1. (a) The General Assembly finds that the
12567	12567	20 Illinois Racing Industry does not include a fair proportion of
12568	12568	21 minority or female workers.
12569	12569	22 Therefore, the General Assembly urges that the job
12570	12570	23 training institutes, trade associations and employers involved
12571	12571	24 in the Illinois Horse Racing Industry take affirmative action
12572	12572	25 to encourage equal employment opportunity to all workers
12573	12573
12574	12574
12575	12575
12576	12576
12577	12577
12578	12578	SB0280 - 352 - LRB103 24970 AMQ 51304 b
12579	12579
12580	12580
12581	12581	SB0280- 353 -LRB103 24970 AMQ 51304 b SB0280 - 353 - LRB103 24970 AMQ 51304 b
12582	12582	SB0280 - 353 - LRB103 24970 AMQ 51304 b
12583	12583	1 regardless of race, color, creed or sex.
12584	12584	2 Before an organization license, inter-track wagering
12585	12585	3 license or inter-track wagering location license can be
12586	12586	4 granted, the applicant for any such license shall execute and
12587	12587	5 file with the Division Board a good faith affirmative action
12588	12588	6 plan to recruit, train and upgrade minorities and females in
12589	12589	7 all classifications with the applicant for license. One year
12590	12590	8 after issuance of any such license, and each year thereafter,
12591	12591	9 the licensee shall file a report with the Division Board
12592	12592	10 evidencing and certifying compliance with the originally filed
12593	12593	11 affirmative action plan.
12594	12594	12 (b) At least 10% of the total amount of all State contracts
12595	12595	13 for the infrastructure improvement of any race track grounds
12596	12596	14 in this State shall be let to minority-owned businesses or
12597	12597	15 women-owned businesses. "State contract", "minority-owned
12598	12598	16 business" and "women-owned business" shall have the meanings
12599	12599	17 ascribed to them under the Business Enterprise for Minorities,
12600	12600	18 Women, and Persons with Disabilities Act.
12601	12601	19 (Source: P.A. 100-391, eff. 8-25-17.)
12602	12602	20 (230 ILCS 5/12.2)
12603	12603	21 Sec. 12.2. Business enterprise program.
12604	12604	22 (a) For the purposes of this Section, the terms
12605	12605	23 "minority", "minority-owned business", "woman", "women-owned
12606	12606	24 business", "person with a disability", and "business owned by
12607	12607	25 a person with a disability" have the meanings ascribed to them
12608	12608
12609	12609
12610	12610
12611	12611
12612	12612
12613	12613	SB0280 - 353 - LRB103 24970 AMQ 51304 b
12614	12614
12615	12615
12616	12616	SB0280- 354 -LRB103 24970 AMQ 51304 b SB0280 - 354 - LRB103 24970 AMQ 51304 b
12617	12617	SB0280 - 354 - LRB103 24970 AMQ 51304 b
12618	12618	1 in the Business Enterprise for Minorities, Women, and Persons
12619	12619	2 with Disabilities Act.
12620	12620	3 (b) The Division Board shall, by rule, establish goals for
12621	12621	4 the award of contracts by each organization licensee or
12622	12622	5 inter-track wagering licensee to businesses owned by
12623	12623	6 minorities, women, and persons with disabilities, expressed as
12624	12624	7 percentages of an organization licensee's or inter-track
12625	12625	8 wagering licensee's total dollar amount of contracts awarded
12626	12626	9 during each calendar year. Each organization licensee or
12627	12627	10 inter-track wagering licensee must make every effort to meet
12628	12628	11 the goals established by the Division Board pursuant to this
12629	12629	12 Section. When setting the goals for the award of contracts,
12630	12630	13 the Division Board shall not include contracts where: (1)
12631	12631	14 licensees are purchasing goods or services from vendors or
12632	12632	15 suppliers or in markets where there are no or a limited number
12633	12633	16 of minority-owned businesses, women-owned businesses, or
12634	12634	17 businesses owned by persons with disabilities that would be
12635	12635	18 sufficient to satisfy the goal; (2) there are no or a limited
12636	12636	19 number of suppliers licensed by the Division Board; (3) the
12637	12637	20 licensee or its parent company owns a company that provides
12638	12638	21 the goods or services; or (4) the goods or services are
12639	12639	22 provided to the licensee by a publicly traded company.
12640	12640	23 (c) Each organization licensee or inter-track wagering
12641	12641	24 licensee shall file with the Division Board an annual report
12642	12642	25 of its utilization of minority-owned businesses, women-owned
12643	12643	26 businesses, and businesses owned by persons with disabilities
12644	12644
12645	12645
12646	12646
12647	12647
12648	12648
12649	12649	SB0280 - 354 - LRB103 24970 AMQ 51304 b
12650	12650
12651	12651
12652	12652	SB0280- 355 -LRB103 24970 AMQ 51304 b SB0280 - 355 - LRB103 24970 AMQ 51304 b
12653	12653	SB0280 - 355 - LRB103 24970 AMQ 51304 b
12654	12654	1 during the preceding calendar year. The reports shall include
12655	12655	2 a self-evaluation of the efforts of the organization licensee
12656	12656	3 or inter-track wagering licensee to meet its goals under this
12657	12657	4 Section.
12658	12658	5 (d) The organization licensee or inter-track wagering
12659	12659	6 licensee shall have the right to request a waiver from the
12660	12660	7 requirements of this Section. The Division Board shall grant
12661	12661	8 the waiver where the organization licensee or inter-track
12662	12662	9 wagering licensee demonstrates that there has been made a good
12663	12663	10 faith effort to comply with the goals for participation by
12664	12664	11 minority-owned businesses, women-owned businesses, and
12665	12665	12 businesses owned by persons with disabilities.
12666	12666	13 (e) If the Division Board determines that its goals and
12667	12667	14 policies are not being met by any organization licensee or
12668	12668	15 inter-track wagering licensee, then the Division Board may:
12669	12669	16 (1) adopt remedies for such violations; and
12670	12670	17 (2) recommend that the organization licensee or
12671	12671	18 inter-track wagering licensee provide additional
12672	12672	19 opportunities for participation by minority-owned
12673	12673	20 businesses, women-owned businesses, and businesses owned
12674	12674	21 by persons with disabilities; such recommendations may
12675	12675	22 include, but shall not be limited to:
12676	12676	23 (A) assurances of stronger and better focused
12677	12677	24 solicitation efforts to obtain more minority-owned
12678	12678	25 businesses, women-owned businesses, and businesses
12679	12679	26 owned by persons with disabilities as potential
12680	12680
12681	12681
12682	12682
12683	12683
12684	12684
12685	12685	SB0280 - 355 - LRB103 24970 AMQ 51304 b
12686	12686
12687	12687
12688	12688	SB0280- 356 -LRB103 24970 AMQ 51304 b SB0280 - 356 - LRB103 24970 AMQ 51304 b
12689	12689	SB0280 - 356 - LRB103 24970 AMQ 51304 b
12690	12690	1 sources of supply;
12691	12691	2 (B) division of job or project requirements, when
12692	12692	3 economically feasible, into tasks or quantities to
12693	12693	4 permit participation of minority-owned businesses,
12694	12694	5 women-owned businesses, and businesses owned by
12695	12695	6 persons with disabilities;
12696	12696	7 (C) elimination of extended experience or
12697	12697	8 capitalization requirements, when programmatically
12698	12698	9 feasible, to permit participation of minority-owned
12699	12699	10 businesses, women-owned businesses, and businesses
12700	12700	11 owned by persons with disabilities;
12701	12701	12 (D) identification of specific proposed contracts
12702	12702	13 as particularly attractive or appropriate for
12703	12703	14 participation by minority-owned businesses,
12704	12704	15 women-owned businesses, and businesses owned by
12705	12705	16 persons with disabilities, such identification to
12706	12706	17 result from and be coupled with the efforts of items
12707	12707	18 (A) through (C); and
12708	12708	19 (E) implementation of regulations established for
12709	12709	20 the use of the sheltered market process.
12710	12710	21 (f) The Division Board shall file, no later than March 1 of
12711	12711	22 each year, an annual report that shall detail the level of
12712	12712	23 achievement toward the goals specified in this Section over
12713	12713	24 the 3 most recent fiscal years. The annual report shall
12714	12714	25 include, but need not be limited to:
12715	12715	26 (1) a summary detailing expenditures subject to the
12716	12716
12717	12717
12718	12718
12719	12719
12720	12720
12721	12721	SB0280 - 356 - LRB103 24970 AMQ 51304 b
12722	12722
12723	12723
12724	12724	SB0280- 357 -LRB103 24970 AMQ 51304 b SB0280 - 357 - LRB103 24970 AMQ 51304 b
12725	12725	SB0280 - 357 - LRB103 24970 AMQ 51304 b
12726	12726	1 goals, the actual goals specified, and the goals attained
12727	12727	2 by each organization licensee or inter-track wagering
12728	12728	3 licensee;
12729	12729	4 (2) a summary of the number of contracts awarded and
12730	12730	5 the average contract amount by each organization licensee
12731	12731	6 or inter-track wagering licensee;
12732	12732	7 (3) an analysis of the level of overall goal
12733	12733	8 achievement concerning purchases from minority-owned
12734	12734	9 businesses, women-owned businesses, and businesses owned
12735	12735	10 by persons with disabilities;
12736	12736	11 (4) an analysis of the number of minority-owned
12737	12737	12 businesses, women-owned businesses, and businesses owned
12738	12738	13 by persons with disabilities that are certified under the
12739	12739	14 program as well as the number of those businesses that
12740	12740	15 received State procurement contracts; and
12741	12741	16 (5) (blank).
12742	12742	17 (Source: P.A. 99-78, eff. 7-20-15; 99-891, eff. 1-1-17;
12743	12743	18 100-391, eff. 8-25-17.)
12744	12744	19 (230 ILCS 5/13) (from Ch. 8, par. 37-13)
12745	12745	20 Sec. 13. The Director shall serve as the executive officer
12746	12746	21 of the Division. executive director shall perform any and all
12747	12747	22 duties that the Board shall assign him. The salary of the
12748	12748	23 executive director shall be determined by the Board and, in
12749	12749	24 addition, he shall be reimbursed for all actual and necessary
12750	12750	25 expenses incurred by him in discharge of his official duties.
12751	12751
12752	12752
12753	12753
12754	12754
12755	12755
12756	12756	SB0280 - 357 - LRB103 24970 AMQ 51304 b
12757	12757
12758	12758
12759	12759	SB0280- 358 -LRB103 24970 AMQ 51304 b SB0280 - 358 - LRB103 24970 AMQ 51304 b
12760	12760	SB0280 - 358 - LRB103 24970 AMQ 51304 b
12761	12761	1 The Director executive director shall keep records of all
12762	12762	2 proceedings of the Board and shall preserve all records,
12763	12763	3 books, documents and other papers belonging to the Division
12764	12764	4 Board or entrusted to its care. The Director executive
12765	12765	5 director shall devote his full time to the duties of the office
12766	12766	6 and shall not hold any other office or employment.
12767	12767	7 (Source: P.A. 84-531.)
12768	12768	8 (230 ILCS 5/14) (from Ch. 8, par. 37-14)
12769	12769	9 Sec. 14. (a) (Blank). The Board shall hold regular and
12770	12770	10 special meetings at such times and places as may be necessary
12771	12771	11 to perform properly and effectively all duties required under
12772	12772	12 this Act. A majority of the members of the Board shall
12773	12773	13 constitute a quorum for the transaction of any business, for
12774	12774	14 the performance of any duty, or for the exercise of any power
12775	12775	15 which this Act requires the Board members to transact, perform
12776	12776	16 or exercise en banc, except that upon order of the Board one of
12777	12777	17 the Board members may conduct the hearing provided in Section
12778	12778	18 16. The Board member conducting such hearing shall have all
12779	12779	19 powers and rights granted to the Board in this Act. The record
12780	12780	20 made at the hearing shall be reviewed by the Board, or a
12781	12781	21 majority thereof, and the findings and decision of the
12782	12782	22 majority of the Board shall constitute the order of the Board
12783	12783	23 in such case.
12784	12784	24 (b) (Blank). The Board shall obtain a court reporter who
12785	12785	25 will be present at each regular and special meeting and
12786	12786
12787	12787
12788	12788
12789	12789
12790	12790
12791	12791	SB0280 - 358 - LRB103 24970 AMQ 51304 b
12792	12792
12793	12793
12794	12794	SB0280- 359 -LRB103 24970 AMQ 51304 b SB0280 - 359 - LRB103 24970 AMQ 51304 b
12795	12795	SB0280 - 359 - LRB103 24970 AMQ 51304 b
12796	12796	1 proceeding and who shall make accurate transcriptions thereof
12797	12797	2 except that when in the judgment of the Board an emergency
12798	12798	3 situation requires a meeting by teleconference, the executive
12799	12799	4 director shall prepare minutes of the meeting indicating the
12800	12800	5 date and time of the meeting and which members of the Board
12801	12801	6 were present or absent, summarizing all matters proposed,
12802	12802	7 deliberated, or decided at the meeting, and indicating the
12803	12803	8 results of all votes taken. The public shall be allowed to
12804	12804	9 listen to the proceedings of that meeting at all Board branch
12805	12805	10 offices.
12806	12806	11 (c) (Blank). The Board shall provide records which are
12807	12807	12 separate and distinct from the records of any other State
12808	12808	13 board or commission. Such records shall be available for
12809	12809	14 public inspection and shall accurately reflect all Board
12810	12810	15 proceedings.
12811	12811	16 (d) The Division Board shall file a written annual report
12812	12812	17 with the Governor on or before March 1 each year and such
12813	12813	18 additional reports as the Governor may request. The annual
12814	12814	19 report shall include a statement of receipts and disbursements
12815	12815	20 by the Division Board, actions taken by the Division Board, a
12816	12816	21 report on the industry's progress toward the policy objectives
12817	12817	22 established in Section 1.2 of this Act, and any additional
12818	12818	23 information and recommendations which the Division Board may
12819	12819	24 deem valuable or which the Governor may request.
12820	12820	25 (e) The Division Board shall maintain a branch office on
12821	12821	26 the ground of every organization licensee during the
12822	12822
12823	12823
12824	12824
12825	12825
12826	12826
12827	12827	SB0280 - 359 - LRB103 24970 AMQ 51304 b
12828	12828
12829	12829
12830	12830	SB0280- 360 -LRB103 24970 AMQ 51304 b SB0280 - 360 - LRB103 24970 AMQ 51304 b
12831	12831	SB0280 - 360 - LRB103 24970 AMQ 51304 b
12832	12832	1 organization licensee's race meeting, which office shall be
12833	12833	2 kept open throughout the time the race meeting is held. The
12834	12834	3 Division Board shall designate one of its members, or an
12835	12835	4 authorized agent of the Division Board who shall have the
12836	12836	5 authority to act for the Division Board, to be in charge of the
12837	12837	6 branch office during the time it is required to be kept open.
12838	12838	7 (Source: P.A. 91-40, eff. 6-25-99.)
12839	12839	8 (230 ILCS 5/14a) (from Ch. 8, par. 37-14a)
12840	12840	9 Sec. 14a. The Division Board may employ hearing officers
12841	12841	10 qualified by professional training or previous experience
12842	12842	11 according to rules established by the Division Board. The
12843	12843	12 Division Board shall also establish rules providing for the
12844	12844	13 disqualification of hearing officers for bias or conflict of
12845	12845	14 interest. Such hearing officers shall, under the direction of
12846	12846	15 the Division Board, take testimony of witnesses, examine
12847	12847	16 accounts, records, books, papers and facilities, either by
12848	12848	17 holding hearings or making independent investigations, in any
12849	12849	18 matter referred to them by the Division Board; and make report
12850	12850	19 thereof to the Division Board, and attend at hearings before
12851	12851	20 the Director Board when so directed by the Director Board, for
12852	12852	21 the purpose of explaining their investigations and the result
12853	12853	22 thereof to the Division Board and the parties interested; and
12854	12854	23 perform such other duties as the Division Board may direct,
12855	12855	24 subject to its orders. The Director Board may make final
12856	12856	25 administrative decisions based upon reports presented to it
12857	12857
12858	12858
12859	12859
12860	12860
12861	12861
12862	12862	SB0280 - 360 - LRB103 24970 AMQ 51304 b
12863	12863
12864	12864
12865	12865	SB0280- 361 -LRB103 24970 AMQ 51304 b SB0280 - 361 - LRB103 24970 AMQ 51304 b
12866	12866	SB0280 - 361 - LRB103 24970 AMQ 51304 b
12867	12867	1 and investigations and hearings conducted by hearing officers.
12868	12868	2 (Source: P.A. 89-16, eff. 5-30-95.)
12869	12869	3 (230 ILCS 5/15) (from Ch. 8, par. 37-15)
12870	12870	4 Sec. 15. (a) The Division Board shall, in its discretion,
12871	12871	5 issue occupation licenses to horse owners, trainers, harness
12872	12872	6 drivers, jockeys, agents, apprentices, grooms, stable foremen,
12873	12873	7 exercise persons, veterinarians, valets, blacksmiths,
12874	12874	8 concessionaires and others designated by the Division Board
12875	12875	9 whose work, in whole or in part, is conducted upon facilities
12876	12876	10 within the State. Such occupation licenses will be obtained
12877	12877	11 prior to the persons engaging in their vocation upon such
12878	12878	12 facilities. The Division Board shall not license pari-mutuel
12879	12879	13 clerks, parking attendants, security guards and employees of
12880	12880	14 concessionaires. No occupation license shall be required of
12881	12881	15 any person who works at facilities within this State as a
12882	12882	16 pari-mutuel clerk, parking attendant, security guard or as an
12883	12883	17 employee of a concessionaire. Concessionaires of the Illinois
12884	12884	18 State Fair and DuQuoin State Fair and employees of the
12885	12885	19 Illinois Department of Agriculture shall not be required to
12886	12886	20 obtain an occupation license by the Division Board.
12887	12887	21 (b) Each application for an occupation license shall be on
12888	12888	22 forms prescribed by the Division Board. Such license, when
12889	12889	23 issued, shall be for the period ending December 31 of each
12890	12890	24 year, except that the Division Board in its discretion may
12891	12891	25 grant 3-year licenses. The application shall be accompanied by
12892	12892
12893	12893
12894	12894
12895	12895
12896	12896
12897	12897	SB0280 - 361 - LRB103 24970 AMQ 51304 b
12898	12898
12899	12899
12900	12900	SB0280- 362 -LRB103 24970 AMQ 51304 b SB0280 - 362 - LRB103 24970 AMQ 51304 b
12901	12901	SB0280 - 362 - LRB103 24970 AMQ 51304 b
12902	12902	1 a fee of not more than $25 per year or, in the case of 3-year
12903	12903	2 occupation license applications, a fee of not more than $60.
12904	12904	3 Each applicant shall set forth in the application his full
12905	12905	4 name and address, and if he had been issued prior occupation
12906	12906	5 licenses or has been licensed in any other state under any
12907	12907	6 other name, such name, his age, whether or not a permit or
12908	12908	7 license issued to him in any other state has been suspended or
12909	12909	8 revoked and if so whether such suspension or revocation is in
12910	12910	9 effect at the time of the application, and such other
12911	12911	10 information as the Division Board may require. Fees for
12912	12912	11 registration of stable names shall not exceed $50.00.
12913	12913	12 Beginning on the date when any organization licensee begins
12914	12914	13 conducting gaming pursuant to an organization gaming license
12915	12915	14 issued under the Illinois Gambling Act, the fee for
12916	12916	15 registration of stable names shall not exceed $150, and the
12917	12917	16 application fee for an occupation license shall not exceed
12918	12918	17 $75, per year or, in the case of a 3-year occupation license
12919	12919	18 application, the fee shall not exceed $180.
12920	12920	19 (c) The Division Board may in its discretion refuse an
12921	12921	20 occupation license to any person:
12922	12922	21 (1) who has been convicted of a crime;
12923	12923	22 (2) who is unqualified to perform the duties required
12924	12924	23 of such applicant;
12925	12925	24 (3) who fails to disclose or states falsely any
12926	12926	25 information called for in the application;
12927	12927	26 (4) who has been found guilty of a violation of this
12928	12928
12929	12929
12930	12930
12931	12931
12932	12932
12933	12933	SB0280 - 362 - LRB103 24970 AMQ 51304 b
12934	12934
12935	12935
12936	12936	SB0280- 363 -LRB103 24970 AMQ 51304 b SB0280 - 363 - LRB103 24970 AMQ 51304 b
12937	12937	SB0280 - 363 - LRB103 24970 AMQ 51304 b
12938	12938	1 Act or of the rules and regulations of the Division Board;
12939	12939	2 or
12940	12940	3 (5) whose license or permit has been suspended,
12941	12941	4 revoked or denied for just cause in any other state.
12942	12942	5 (d) The Division Board may suspend or revoke any
12943	12943	6 occupation license:
12944	12944	7 (1) for violation of any of the provisions of this
12945	12945	8 Act; or
12946	12946	9 (2) for violation of any of the rules or regulations
12947	12947	10 of the Division Board; or
12948	12948	11 (3) for any cause which, if known to the Division
12949	12949	12 Board, would have justified the Division Board in refusing
12950	12950	13 to issue such occupation license; or
12951	12951	14 (4) for any other just cause.
12952	12952	15 (e) Each applicant shall submit his or her fingerprints
12953	12953	16 to the Illinois State Police in the form and manner prescribed
12954	12954	17 by the Illinois State Police. These fingerprints shall be
12955	12955	18 checked against the fingerprint records now and hereafter
12956	12956	19 filed in the Illinois State Police and Federal Bureau of
12957	12957	20 Investigation criminal history records databases. The Illinois
12958	12958	21 State Police shall charge a fee for conducting the criminal
12959	12959	22 history records check, which shall be deposited in the State
12960	12960	23 Police Services Fund and shall not exceed the actual cost of
12961	12961	24 the records check. The Illinois State Police shall furnish,
12962	12962	25 pursuant to positive identification, records of conviction to
12963	12963	26 the Division Board. Each applicant for licensure shall submit
12964	12964
12965	12965
12966	12966
12967	12967
12968	12968
12969	12969	SB0280 - 363 - LRB103 24970 AMQ 51304 b
12970	12970
12971	12971
12972	12972	SB0280- 364 -LRB103 24970 AMQ 51304 b SB0280 - 364 - LRB103 24970 AMQ 51304 b
12973	12973	SB0280 - 364 - LRB103 24970 AMQ 51304 b
12974	12974	1 with his occupation license application, on forms provided by
12975	12975	2 the Division Board, 2 sets of his fingerprints. All such
12976	12976	3 applicants shall appear in person at the location designated
12977	12977	4 by the Division Board for the purpose of submitting such sets
12978	12978	5 of fingerprints; however, with the prior approval of a State
12979	12979	6 steward, an applicant may have such sets of fingerprints taken
12980	12980	7 by an official law enforcement agency and submitted to the
12981	12981	8 Division Board.
12982	12982	9 (f) The Division Board may, in its discretion, issue an
12983	12983	10 occupation license without submission of fingerprints if an
12984	12984	11 applicant has been duly licensed in another recognized racing
12985	12985	12 jurisdiction after submitting fingerprints that were subjected
12986	12986	13 to a Federal Bureau of Investigation criminal history
12987	12987	14 background check in that jurisdiction.
12988	12988	15 (g) Beginning on the date when any organization licensee
12989	12989	16 begins conducting gaming pursuant to an organization gaming
12990	12990	17 license issued under the Illinois Gambling Act, the Division
12991	12991	18 Board may charge each applicant a reasonable nonrefundable fee
12992	12992	19 to defray the costs associated with the background
12993	12993	20 investigation conducted by the Division Board. This fee shall
12994	12994	21 be exclusive of any other fee or fees charged in connection
12995	12995	22 with an application for and, if applicable, the issuance of,
12996	12996	23 an organization gaming license. If the costs of the
12997	12997	24 investigation exceed the amount of the fee charged, the
12998	12998	25 Division Board shall immediately notify the applicant of the
12999	12999	26 additional amount owed, payment of which must be submitted to
13000	13000
13001	13001
13002	13002
13003	13003
13004	13004
13005	13005	SB0280 - 364 - LRB103 24970 AMQ 51304 b
13006	13006
13007	13007
13008	13008	SB0280- 365 -LRB103 24970 AMQ 51304 b SB0280 - 365 - LRB103 24970 AMQ 51304 b
13009	13009	SB0280 - 365 - LRB103 24970 AMQ 51304 b
13010	13010	1 the Division Board within 7 days after such notification. All
13011	13011	2 information, records, interviews, reports, statements,
13012	13012	3 memoranda, or other data supplied to or used by the Division
13013	13013	4 Board in the course of its review or investigation of an
13014	13014	5 applicant for a license or renewal under this Act shall be
13015	13015	6 privileged, strictly confidential, and shall be used only for
13016	13016	7 the purpose of evaluating an applicant for a license or a
13017	13017	8 renewal. Such information, records, interviews, reports,
13018	13018	9 statements, memoranda, or other data shall not be admissible
13019	13019	10 as evidence, nor discoverable, in any action of any kind in any
13020	13020	11 court or before any tribunal, board, agency, or person, except
13021	13021	12 for any action deemed necessary by the Division Board.
13022	13022	13 (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
13023	13023	14 (230 ILCS 5/15.1) (from Ch. 8, par. 37-15.1)
13024	13024	15 Sec. 15.1. Upon collection of the fee accompanying the
13025	13025	16 application for an occupation license, the Division Board
13026	13026	17 shall be authorized to make daily temporary deposits of the
13027	13027	18 fees, for a period not to exceed 7 days, with the horsemen's
13028	13028	19 bookkeeper at a race meeting. The horsemen's bookkeeper shall
13029	13029	20 issue a check, payable to the order of the Division of Horse
13030	13030	21 Racing Illinois Racing Board, for monies deposited under this
13031	13031	22 Section within 24 hours of receipt of the monies. Provided
13032	13032	23 however, upon the issuance of the check by the horsemen's
13033	13033	24 bookkeeper the check shall be deposited into the Horse Racing
13034	13034	25 Fund.
13035	13035
13036	13036
13037	13037
13038	13038
13039	13039
13040	13040	SB0280 - 365 - LRB103 24970 AMQ 51304 b
13041	13041
13042	13042
13043	13043	SB0280- 366 -LRB103 24970 AMQ 51304 b SB0280 - 366 - LRB103 24970 AMQ 51304 b
13044	13044	SB0280 - 366 - LRB103 24970 AMQ 51304 b
13045	13045	1 (Source: P.A. 97-1060, eff. 8-24-12.)
13046	13046	2 (230 ILCS 5/15.2) (from Ch. 8, par. 37-15.2)
13047	13047	3 Sec. 15.2. (a) No pari-mutuel clerk, parking attendant or
13048	13048	4 security guard employed by a licensee at a wagering facility
13049	13049	5 shall commit any of the following acts: theft; fraud; wagering
13050	13050	6 during the course of employment; touting; bookmaking; or any
13051	13051	7 other act which is detrimental to the best interests of racing
13052	13052	8 in Illinois. For purposes of this Section:
13053	13053	9 (1) "Theft" means the act of knowingly:
13054	13054	10 (A) obtaining or exerting unauthorized control
13055	13055	11 over State revenue or revenue of a licensee; or
13056	13056	12 (B) by deception obtaining control over patron
13057	13057	13 dollars.
13058	13058	14 (2) "Fraud" means the act of knowingly providing
13059	13059	15 false, misleading or deceptive information to a federal,
13060	13060	16 State or local governmental body.
13061	13061	17 (3) "Wagering" means the act of placing a wager at a
13062	13062	18 wagering facility on the outcome of a horse race under the
13063	13063	19 jurisdiction of the Division Board by a pari-mutuel clerk
13064	13064	20 during the course of employment.
13065	13065	21 (4) "Touting" means the act of soliciting anything of
13066	13066	22 value in exchange for information regarding the outcome of
13067	13067	23 a horse race on which wagers are made at a wagering
13068	13068	24 facility under the jurisdiction of the Division Board.
13069	13069	25 (5) "Bookmaking" means the act of accepting a wager
13070	13070
13071	13071
13072	13072
13073	13073
13074	13074
13075	13075	SB0280 - 366 - LRB103 24970 AMQ 51304 b
13076	13076
13077	13077
13078	13078	SB0280- 367 -LRB103 24970 AMQ 51304 b SB0280 - 367 - LRB103 24970 AMQ 51304 b
13079	13079	SB0280 - 367 - LRB103 24970 AMQ 51304 b
13080	13080	1 from an individual with the intent to withhold the wager
13081	13081	2 from being placed by the individual at a wagering
13082	13082	3 facility.
13083	13083	4 (b) A licensee, or occupation licensee upon receiving
13084	13084	5 information that a pari-mutuel clerk, parking attendant or
13085	13085	6 security guard in his employ has been accused of committing
13086	13086	7 any act prohibited by subsection (a) of this Section shall:
13087	13087	8 (1) give immediate written notice of such accusation
13088	13088	9 to the stewards of the race meeting and to the accused
13089	13089	10 pari-mutuel clerk, parking attendant or security guard,
13090	13090	11 and
13091	13091	12 (2) give written notice of such accusation within a
13092	13092	13 reasonable time to the Division Board.
13093	13093	14 The Division Board may impose a civil penalty authorized
13094	13094	15 by subsection (l) of Section 9 of this Act against a licensee
13095	13095	16 or occupation licensee who fails to give any notice required
13096	13096	17 by this subsection.
13097	13097	18 (c) Upon receiving the notice required by subsection (b)
13098	13098	19 of this Section the stewards shall conduct an inquiry into the
13099	13099	20 matter.
13100	13100	21 If the stewards determine that the accused has committed
13101	13101	22 any of the acts prohibited by subsection (a) of this Section,
13102	13102	23 they may exclude the accused or declare that person ineligible
13103	13103	24 for employment at any pari-mutuel race meeting or wagering
13104	13104	25 facility under the jurisdiction of the Division Board. A
13105	13105	26 person so excluded or declared ineligible for employment may
13106	13106
13107	13107
13108	13108
13109	13109
13110	13110
13111	13111	SB0280 - 367 - LRB103 24970 AMQ 51304 b
13112	13112
13113	13113
13114	13114	SB0280- 368 -LRB103 24970 AMQ 51304 b SB0280 - 368 - LRB103 24970 AMQ 51304 b
13115	13115	SB0280 - 368 - LRB103 24970 AMQ 51304 b
13116	13116	1 request a hearing before the Division Board as provided in
13117	13117	2 Section 16 of this Act.
13118	13118	3 (Source: P.A. 89-16, eff. 5-30-95.)
13119	13119	4 (230 ILCS 5/15.3) (from Ch. 8, par. 37-15.3)
13120	13120	5 Sec. 15.3. Any person who makes application for an
13121	13121	6 employment position as a pari-mutuel clerk, parking attendant
13122	13122	7 or security guard with a licensee, where such position would
13123	13123	8 involve work conducted in whole or in part at a wagering
13124	13124	9 facility within this State shall be required to fill out an
13125	13125	10 employment application form prescribed by the Division
13126	13126	11 Illinois Racing Board. Such application form shall require the
13127	13127	12 applicant to state the following:
13128	13128	13 (a) whether the applicant has ever been convicted of a
13129	13129	14 felony offense under the laws of this State, the laws of any
13130	13130	15 other state, or the laws of the United States;
13131	13131	16 (b) whether the applicant has ever been convicted of a
13132	13132	17 misdemeanor offense under the laws of this State, the laws of
13133	13133	18 any other state, or the laws of the United States, which
13134	13134	19 offense involved dishonesty, fraud, deception or moral
13135	13135	20 turpitude;
13136	13136	21 (c) whether the applicant has ever been excluded by the
13137	13137	22 Division Board or any other jurisdiction where wagering is
13138	13138	23 conducted;
13139	13139	24 (d) whether the applicant has ever committed an act of
13140	13140	25 touting, bookmaking, theft, or fraud, as those terms are
13141	13141
13142	13142
13143	13143
13144	13144
13145	13145
13146	13146	SB0280 - 368 - LRB103 24970 AMQ 51304 b
13147	13147
13148	13148
13149	13149	SB0280- 369 -LRB103 24970 AMQ 51304 b SB0280 - 369 - LRB103 24970 AMQ 51304 b
13150	13150	SB0280 - 369 - LRB103 24970 AMQ 51304 b
13151	13151	1 defined in Section 15.2 of this Act; and
13152	13152	2 (e) any other information that the Division Board may deem
13153	13153	3 necessary to carry out the purposes of Public Act 84-1468.
13154	13154	4 The applicant shall sign the application form and certify
13155	13155	5 that, under the penalties of perjury of this State, the
13156	13156	6 statements set forth in the application form are true and
13157	13157	7 correct.
13158	13158	8 The licensee shall, upon its decision to hire the
13159	13159	9 applicant, forward a copy of the application form to the
13160	13160	10 Division Board. The Division Board shall review the
13161	13161	11 application form immediately upon receipt.
13162	13162	12 The Division's Board's review of the application form
13163	13163	13 shall include an inquiry as to whether the applicant has been
13164	13164	14 accused of any of the acts prohibited under Section 15.2 of
13165	13165	15 this Act and, if the Division Board does find that the
13166	13166	16 applicant has been so accused, it shall conduct an
13167	13167	17 investigation to determine whether, by a standard of
13168	13168	18 reasonable certainty, the applicant committed the act. If the
13169	13169	19 Division Board determines that the applicant did commit any of
13170	13170	20 the acts prohibited under that Section, it may exclude the
13171	13171	21 applicant or declare that the applicant is ineligible for
13172	13172	22 employment.
13173	13173	23 The Division Board may declare an applicant ineligible for
13174	13174	24 employment if it finds that the applicant has been previously
13175	13175	25 excluded by the Division Board. In making such a declaration,
13176	13176	26 the Division Board shall consider: (a) the reasons the
13177	13177
13178	13178
13179	13179
13180	13180
13181	13181
13182	13182	SB0280 - 369 - LRB103 24970 AMQ 51304 b
13183	13183
13184	13184
13185	13185	SB0280- 370 -LRB103 24970 AMQ 51304 b SB0280 - 370 - LRB103 24970 AMQ 51304 b
13186	13186	SB0280 - 370 - LRB103 24970 AMQ 51304 b
13187	13187	1 applicant had been previously excluded; (b) the period of time
13188	13188	2 that has elapsed since the applicant was excluded; and (c) how
13189	13189	3 the previous exclusion relates to the applicant's ability to
13190	13190	4 perform the duties of the employment position for which he or
13191	13191	5 she is applying.
13192	13192	6 When the Division Board excludes an applicant or declares
13193	13193	7 an applicant ineligible for employment, it shall immediately
13194	13194	8 notify such applicant and the licensee of its action. A person
13195	13195	9 so excluded or declared ineligible for employment may request
13196	13196	10 a hearing before the Division Board in accordance with Section
13197	13197	11 16 of this Act.
13198	13198	12 No licensee may employ a pari-mutuel clerk, parking
13199	13199	13 attendant or security guard at a wagering facility after such
13200	13200	14 licensee has been notified that such person has been declared
13201	13201	15 ineligible by the Division Board.
13202	13202	16 Nothing herein shall be construed to limit the Division's
13203	13203	17 Board's exclusionary authority under Section 16.
13204	13204	18 Sections 15.2 and 15.3 of this Act shall apply to any
13205	13205	19 person who holds an employment position as a pari-mutuel
13206	13206	20 clerk, parking attendant, or security guard subsequent to July
13207	13207	21 1, 1987 with a licensee. All such employees employed prior to
13208	13208	22 July 1, 1987 shall be required to file employment applications
13209	13209	23 with the Division Board, and the information required under
13210	13210	24 subparagraphs (a) through (e) of this Section pertaining to
13211	13211	25 conduct or activities prior to July 1, 1987 shall only be used
13212	13212	26 by the Division Board in its determination to exclude an
13213	13213
13214	13214
13215	13215
13216	13216
13217	13217
13218	13218	SB0280 - 370 - LRB103 24970 AMQ 51304 b
13219	13219
13220	13220
13221	13221	SB0280- 371 -LRB103 24970 AMQ 51304 b SB0280 - 371 - LRB103 24970 AMQ 51304 b
13222	13222	SB0280 - 371 - LRB103 24970 AMQ 51304 b
13223	13223	1 applicant or its declaration that an applicant is ineligible
13224	13224	2 for employment based on conduct that occurs after July 1,
13225	13225	3 1987.
13226	13226	4 (Source: P.A. 89-16, eff. 5-30-95.)
13227	13227	5 (230 ILCS 5/15.4) (from Ch. 8, par. 37-15.4)
13228	13228	6 Sec. 15.4. The Division Board shall take disciplinary
13229	13229	7 action authorized by subsection (d) of Section 9 of this Act or
13230	13230	8 impose a civil penalty authorized by subsection (1) of Section
13231	13231	9 9 of this Act against any licensee which requires, as a
13232	13232	10 condition precedent to employment, membership in any labor
13233	13233	11 organization or association. Nothing in this Section shall
13234	13234	12 prohibit an agreement between a labor organization or
13235	13235	13 association and any such licensee which requires that, once
13236	13236	14 employed, an employee be a member of the labor organization or
13237	13237	15 association.
13238	13238	16 (Source: P.A. 89-16, eff. 5-30-95.)
13239	13239	17 (230 ILCS 5/15.5)
13240	13240	18 Sec. 15.5. Labor agreements.
13241	13241	19 (a) This Section applies to each entity subject to this
13242	13242	20 Act that has at least 10 employees on average over the 12
13243	13243	21 months preceding application for an organization gaming
13244	13244	22 license.
13245	13245	23 (b) Before an organization gaming license may be granted
13246	13246	24 or renewed, the applicant or licensee seeking an organization
13247	13247
13248	13248
13249	13249
13250	13250
13251	13251
13252	13252	SB0280 - 371 - LRB103 24970 AMQ 51304 b
13253	13253
13254	13254
13255	13255	SB0280- 372 -LRB103 24970 AMQ 51304 b SB0280 - 372 - LRB103 24970 AMQ 51304 b
13256	13256	SB0280 - 372 - LRB103 24970 AMQ 51304 b
13257	13257	1 gaming license or renewal shall:
13258	13258	2 (1) Enter into, and observe, the terms of a collective
13259	13259	3 bargaining agreement with any labor organization seeking
13260	13260	4 to represent a majority of the licensee's employees in a
13261	13261	5 bargaining unit consisting of all non-supervisory and
13262	13262	6 non-management employees in the classifications identified
13263	13263	7 by the labor organization. Any new employees hired by the
13264	13264	8 licensee who perform work substantially similar to current
13265	13265	9 employees in an existing bargaining unit already
13266	13266	10 represented by a labor organization at the facility shall
13267	13267	11 be incorporated into that existing bargaining unit.
13268	13268	12 (2) Upon written notice by a labor organization of its
13269	13269	13 desire to represent employees in a designated bargaining
13270	13270	14 unit, the licensee shall:
13271	13271	15 (A) provide the names, classifications, and home
13272	13272	16 addresses of each and every employee in the identified
13273	13273	17 bargaining unit;
13274	13274	18 (B) refrain from expressing any views on the
13275	13275	19 question whether its employees should be represented
13276	13276	20 by a labor organization;
13277	13277	21 (C) refrain from restraining or coercing its
13278	13278	22 employees in choosing to be represented or not
13279	13279	23 represented by a labor organization; and
13280	13280	24 (D) allow designated representatives of the labor
13281	13281	25 organization access to its non-work areas for the
13282	13282	26 purpose of meeting privately with its employees during
13283	13283
13284	13284
13285	13285
13286	13286
13287	13287
13288	13288	SB0280 - 372 - LRB103 24970 AMQ 51304 b
13289	13289
13290	13290
13291	13291	SB0280- 373 -LRB103 24970 AMQ 51304 b SB0280 - 373 - LRB103 24970 AMQ 51304 b
13292	13292	SB0280 - 373 - LRB103 24970 AMQ 51304 b
13293	13293	1 non-working times.
13294	13294	2 (3) Upon a showing of majority interest, to be
13295	13295	3 certified through card check by the Federal Mediation and
13296	13296	4 Conciliation Service or from a designated arbitrator from
13297	13297	5 a permanent panel of arbitrators appointed by the Division
13298	13298	6 Illinois Racing Board, the licensee and the labor
13299	13299	7 organization shall immediately enter into negotiations for
13300	13300	8 a collective bargaining agreement.
13301	13301	9 (4) If the parties are unable to conclude a labor
13302	13302	10 agreement within 60 days following the date of
13303	13303	11 certification, the terms of the agreement shall be set by
13304	13304	12 an arbitrator jointly selected by the parties from a panel
13305	13305	13 of arbitrators designated by the Division Illinois Racing
13306	13306	14 Board, who shall issue a final and binding award within
13307	13307	15 120 days after the date of certification, if the parties
13308	13308	16 fail to conclude an agreement by that date. Except with
13309	13309	17 regard to the minimum requirements in paragraph (5), the
13310	13310	18 arbitrator shall be guided by the terms of labor
13311	13311	19 agreements covering the same or similar classifications of
13312	13312	20 employees within 100 miles of the facility or facilities
13313	13313	21 for which the agreement is negotiated. The arbitrator
13314	13314	22 shall also resolve all disputes regarding the scope and
13315	13315	23 composition of the bargaining unit covered under the labor
13316	13316	24 agreement. The licensee and the labor organization shall
13317	13317	25 share equally the expenses of the arbitrator. No labor
13318	13318	26 agreement shall cover employees in a bargaining unit for
13319	13319
13320	13320
13321	13321
13322	13322
13323	13323
13324	13324	SB0280 - 373 - LRB103 24970 AMQ 51304 b
13325	13325
13326	13326
13327	13327	SB0280- 374 -LRB103 24970 AMQ 51304 b SB0280 - 374 - LRB103 24970 AMQ 51304 b
13328	13328	SB0280 - 374 - LRB103 24970 AMQ 51304 b
13329	13329	1 which another labor organization has been certified as a
13330	13330	2 bargaining representative under this Act and that
13331	13331	3 continues to actively represent such employees.
13332	13332	4 (5) All labor agreements required under this Section
13333	13333	5 shall, at a minimum, include a:
13334	13334	6 (A) term of at least 3 years;
13335	13335	7 (B) prohibition on strikes or other work stoppages
13336	13336	8 by the labor organization and the represented
13337	13337	9 employees during the term of the labor agreement; and
13338	13338	10 (C) restriction on subcontracting any work
13339	13339	11 performed on or about the licensee's premises as part
13340	13340	12 of its normal operations except by mutual agreement
13341	13341	13 with the labor organization, and then only to a person
13342	13342	14 or firm that is signatory to a labor agreement with a
13343	13343	15 labor organization that has indicated its interest in
13344	13344	16 representing the employees of the subcontractor,
13345	13345	17 provided, the subcontractor's employees are not
13346	13346	18 lawfully represented by another labor organization.
13347	13347	19 (6) A copy of the fully executed labor agreement shall
13348	13348	20 be submitted to the Division Illinois Racing Board prior
13349	13349	21 to the issuance or renewal of any organization gaming
13350	13350	22 license required under this Act.
13351	13351	23 (c) Upon the expiration of a labor agreement required
13352	13352	24 under this Section, the parties shall negotiate a successor
13353	13353	25 agreement under the procedures set forth in paragraphs (4) and
13354	13354	26 (5) of subsection (b), except that the negotiation and
13355	13355
13356	13356
13357	13357
13358	13358
13359	13359
13360	13360	SB0280 - 374 - LRB103 24970 AMQ 51304 b
13361	13361
13362	13362
13363	13363	SB0280- 375 -LRB103 24970 AMQ 51304 b SB0280 - 375 - LRB103 24970 AMQ 51304 b
13364	13364	SB0280 - 375 - LRB103 24970 AMQ 51304 b
13365	13365	1 arbitration procedures shall commence upon the last effective
13366	13366	2 day of the expiring labor agreement.
13367	13367	3 (d) The provisions of this Section, except for paragraph
13368	13368	4 (2) of subsection (b), do not apply to any entity that is
13369	13369	5 covered, or subsequently becomes covered, under the National
13370	13370	6 Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in
13371	13371	7 this Act shall affect or diminish the validity and
13372	13372	8 enforceability of any collective bargaining agreement entered
13373	13373	9 into during the period that this Act applies.
13374	13374	10 (Source: P.A. 101-651, eff. 8-7-20.)
13375	13375	11 (230 ILCS 5/16) (from Ch. 8, par. 37-16)
13376	13376	12 Sec. 16. (a) The Division Board shall, in accordance with
13377	13377	13 Section 15, have the power to revoke or suspend an occupation
13378	13378	14 license, and the steward or judges at a race meeting shall have
13379	13379	15 the power to suspend an occupation license of any horse owner,
13380	13380	16 trainer, harness driver, jockey, agent, apprentice, groom,
13381	13381	17 stable foreman, exercise boy, veterinarian, valet, blacksmith
13382	13382	18 or concessionaire whose work, in whole or in part, is
13383	13383	19 conducted at facilities within the State, or to determine the
13384	13384	20 eligibility for employment at a wagering facility of a
13385	13385	21 pari-mutuel clerk, parking attendant or security guard. The
13386	13386	22 Illinois Administrative Procedure Act shall not apply to the
13387	13387	23 actions of the Division Board or of the stewards or judges at a
13388	13388	24 race meeting, and those actions shall instead be subject to
13389	13389	25 the procedures outlined in subsections (b) through (e) of this
13390	13390
13391	13391
13392	13392
13393	13393
13394	13394
13395	13395	SB0280 - 375 - LRB103 24970 AMQ 51304 b
13396	13396
13397	13397
13398	13398	SB0280- 376 -LRB103 24970 AMQ 51304 b SB0280 - 376 - LRB103 24970 AMQ 51304 b
13399	13399	SB0280 - 376 - LRB103 24970 AMQ 51304 b
13400	13400	1 Section.
13401	13401	2 The Division Board may refuse to issue or may suspend the
13402	13402	3 occupation license of any person who fails to file a return, or
13403	13403	4 to pay the tax, penalty or interest shown in a filed return, or
13404	13404	5 to pay any final assessment of tax, penalty or interest, as
13405	13405	6 required by any tax Act administered by the Illinois
13406	13406	7 Department of Revenue, until such time as the requirements of
13407	13407	8 any such tax Act are satisfied.
13408	13408	9 (b) In the event the Division Board, for violation of the
13409	13409	10 provisions of this Act or the rules and regulations of the
13410	13410	11 Division Board or other just cause, refuses, revokes or
13411	13411	12 suspends an occupation license, or a steward or the judges at
13412	13412	13 any race meeting suspend an occupation license of any horse
13413	13413	14 owner, trainer, harness driver, jockey, agent, apprentice,
13414	13414	15 groom, stable foreman, exercise person, veterinarian, valet,
13415	13415	16 blacksmith, concessionaire or other occupation licensee whose
13416	13416	17 work, in whole or in part is conducted at facilities within the
13417	13417	18 State and owned by a licensee, or declare a person ineligible
13418	13418	19 for employment, then the occupation license of the person or
13419	13419	20 his eligibility for employment shall be suspended pending a
13420	13420	21 hearing before the Director of the Board.
13421	13421	22 (c) The person affected by such action at any race meeting
13422	13422	23 may request a hearing before the Director Board within 5 days
13423	13423	24 after receipt of notice of the suspension from the Division
13424	13424	25 Board, the steward or the judges at any race meeting. The
13425	13425	26 hearing shall be held by the Director Board within 7 days after
13426	13426
13427	13427
13428	13428
13429	13429
13430	13430
13431	13431	SB0280 - 376 - LRB103 24970 AMQ 51304 b
13432	13432
13433	13433
13434	13434	SB0280- 377 -LRB103 24970 AMQ 51304 b SB0280 - 377 - LRB103 24970 AMQ 51304 b
13435	13435	SB0280 - 377 - LRB103 24970 AMQ 51304 b
13436	13436	1 such request has been received by the Director Board. Any
13437	13437	2 action of a steward or the judges with respect to any
13438	13438	3 occupation license or eligibility for employment may be heard
13439	13439	4 before the Director on his or her by the Board on its own
13440	13440	5 motion by giving the aggrieved party at least 3 days' notice in
13441	13441	6 writing of the time and place of the hearing.
13442	13442	7 (d) All hearings before the Director by the Board under
13443	13443	8 this Section shall be held at such place in the State as the
13444	13444	9 Director Board may designate and any notice provided for shall
13445	13445	10 be served by mailing it postage prepaid by certified mail to
13446	13446	11 the parties affected. Any such notice so mailed is deemed to
13447	13447	12 have been served on the business day next following the date of
13448	13448	13 such mailing.
13449	13449	14 (e) The Director Board in conducting such hearings shall
13450	13450	15 not be bound by technical rules of evidence, but all evidence
13451	13451	16 offered before the Director Board shall be reduced to writing
13452	13452	17 and shall, with petition and exhibits, if any, and the
13453	13453	18 findings of the Director Board, be permanently preserved and
13454	13454	19 constitute the record of the Director Board in such case. The
13455	13455	20 Director Board may require that appellants bear reasonable
13456	13456	21 costs of the production of hearing transcripts. Any of the
13457	13457	22 parties affected in such hearing may be represented by counsel
13458	13458	23 and introduce evidence. At the request of the Director Board,
13459	13459	24 the Attorney General shall assist and participate in the
13460	13460	25 conduct of such hearing.
13461	13461	26 (f) The Director Every member of the Board has the power to
13462	13462
13463	13463
13464	13464
13465	13465
13466	13466
13467	13467	SB0280 - 377 - LRB103 24970 AMQ 51304 b
13468	13468
13469	13469
13470	13470	SB0280- 378 -LRB103 24970 AMQ 51304 b SB0280 - 378 - LRB103 24970 AMQ 51304 b
13471	13471	SB0280 - 378 - LRB103 24970 AMQ 51304 b
13472	13472	1 administer oaths and affirmations, certify all official acts,
13473	13473	2 issue subpoenas, compel the attendance and testimony of
13474	13474	3 witnesses and the production of papers, books, accounts, and
13475	13475	4 documents.
13476	13476	5 (g) Any person who is served with a subpoena (issued by the
13477	13477	6 Director Board or any member thereof) to appear and testify,
13478	13478	7 or to produce books, papers, accounts or documents in the
13479	13479	8 course of an inquiry or hearing conducted under this Act, and
13480	13480	9 who refuses or neglects to appear or to testify or to produce
13481	13481	10 books, papers, accounts and documents relative to the hearings
13482	13482	11 as commanded in such subpoenas, may be punished by the Circuit
13483	13483	12 Court in the county where the violation is committed in the
13484	13484	13 same manner as the Circuit Court may punish such refusal or
13485	13485	14 neglect in a case filed in court.
13486	13486	15 (h) In case of disobedience to a subpoena, the Director
13487	13487	16 Board may petition the Circuit Court in the county where the
13488	13488	17 violation was committed for an order requiring the attendance
13489	13489	18 and testimony of witnesses or the production of documentary
13490	13490	19 evidence or both. A copy of such petition shall be served by
13491	13491	20 personal notice or by registered or certified mail upon the
13492	13492	21 person who has failed to obey that subpoena, and such person
13493	13493	22 shall be advised in writing that a hearing upon the petition
13494	13494	23 will be requested in a court room to be designated in that
13495	13495	24 notice before the judge occupying the courtroom on a specified
13496	13496	25 date and at a specified time.
13497	13497	26 (i) The court, upon the filing of such a petition, may
13498	13498
13499	13499
13500	13500
13501	13501
13502	13502
13503	13503	SB0280 - 378 - LRB103 24970 AMQ 51304 b
13504	13504
13505	13505
13506	13506	SB0280- 379 -LRB103 24970 AMQ 51304 b SB0280 - 379 - LRB103 24970 AMQ 51304 b
13507	13507	SB0280 - 379 - LRB103 24970 AMQ 51304 b
13508	13508	1 order the person refusing to obey the subpoena to appear
13509	13509	2 before the Director Board at a designated time, or to there
13510	13510	3 produce documentary evidence, if so ordered, or to give
13511	13511	4 evidence relating to the subject matter of the hearing. Any
13512	13512	5 failure to obey such order of the Circuit Court may be punished
13513	13513	6 by that court as a civil or criminal contempt upon itself.
13514	13514	7 (j) The Director Board, any member thereof or any
13515	13515	8 applicant may, in connection with any hearing before the
13516	13516	9 Director Board, cause the deposition of witnesses within or
13517	13517	10 without the State to be taken on oral or written
13518	13518	11 interrogatories in the manner prescribed for depositions in
13519	13519	12 the courts of this State.
13520	13520	13 (k) At the conclusion of such hearing, the Director shall
13521	13521	14 make his or her Board shall make its findings which shall be
13522	13522	15 the basis of the refusal, suspension or revocation of the
13523	13523	16 occupation license or other action taken by the Division
13524	13524	17 Board. Such findings and the action of the Director Board
13525	13525	18 shall be final. However, the action of the Director Board and
13526	13526	19 the propriety thereof are subject to review under Section 46.
13527	13527	20 (Source: P.A. 89-16, eff. 5-30-95.)
13528	13528	21 (230 ILCS 5/18) (from Ch. 8, par. 37-18)
13529	13529	22 Sec. 18. (a) Together with its application, each applicant
13530	13530	23 for racing dates shall deliver to the Division Board a
13531	13531	24 certified check or bank draft payable to the order of the
13532	13532	25 Division Board for $1,000. In the event the applicant applies
13533	13533
13534	13534
13535	13535
13536	13536
13537	13537
13538	13538	SB0280 - 379 - LRB103 24970 AMQ 51304 b
13539	13539
13540	13540
13541	13541	SB0280- 380 -LRB103 24970 AMQ 51304 b SB0280 - 380 - LRB103 24970 AMQ 51304 b
13542	13542	SB0280 - 380 - LRB103 24970 AMQ 51304 b
13543	13543	1 for racing dates in 2 or 3 successive calendar years as
13544	13544	2 provided in subsection (b) of Section 21, the fee shall be
13545	13545	3 $2,000. Filing fees shall not be refunded in the event the
13546	13546	4 application is denied. Beginning on the date when any
13547	13547	5 organization licensee begins conducting gaming pursuant to an
13548	13548	6 organization gaming license issued under the Illinois Gambling
13549	13549	7 Act, the application fee for racing dates imposed by this
13550	13550	8 subsection (a) shall be $10,000 and the application fee for
13551	13551	9 racing dates in 2 or 3 successive calendar years as provided in
13552	13552	10 subsection (b) of Section 21 shall be $20,000. All filing fees
13553	13553	11 shall be deposited into the Horse Racing Fund.
13554	13554	12 (b) In addition to the filing fee imposed by subsection
13555	13555	13 (a) and the fees provided in subsection (j) of Section 20, each
13556	13556	14 organization licensee shall pay a license fee of $100 for each
13557	13557	15 racing program on which its daily pari-mutuel handle is
13558	13558	16 $400,000 or more but less than $700,000, and a license fee of
13559	13559	17 $200 for each racing program on which its daily pari-mutuel
13560	13560	18 handle is $700,000 or more. The additional fees required to be
13561	13561	19 paid under this Section by this amendatory Act of 1982 shall be
13562	13562	20 remitted by the organization licensee to the Division Illinois
13563	13563	21 Racing Board with each day's graduated privilege tax or
13564	13564	22 pari-mutuel tax and breakage as provided under Section 27.
13565	13565	23 Beginning on the date when any organization licensee begins
13566	13566	24 conducting gaming pursuant to an organization gaming license
13567	13567	25 issued under the Illinois Gambling Act, the license fee
13568	13568	26 imposed by this subsection (b) shall be $200 for each racing
13569	13569
13570	13570
13571	13571
13572	13572
13573	13573
13574	13574	SB0280 - 380 - LRB103 24970 AMQ 51304 b
13575	13575
13576	13576
13577	13577	SB0280- 381 -LRB103 24970 AMQ 51304 b SB0280 - 381 - LRB103 24970 AMQ 51304 b
13578	13578	SB0280 - 381 - LRB103 24970 AMQ 51304 b
13579	13579	1 program on which the organization licensee's daily pari-mutuel
13580	13580	2 handle is $100,000 or more, but less than $400,000, and the
13581	13581	3 license fee imposed by this subsection (b) shall be $400 for
13582	13582	4 each racing program on which the organization licensee's daily
13583	13583	5 pari-mutuel handle is $400,000 or more.
13584	13584	6 (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the Illinois
13585	13585	7 Municipal Code shall not apply to any license under this Act.
13586	13586	8 (Source: P.A. 101-31, eff. 6-28-19.)
13587	13587	9 (230 ILCS 5/19) (from Ch. 8, par. 37-19)
13588	13588	10 Sec. 19. (a) No organization license may be granted to
13589	13589	11 conduct a horse race meeting:
13590	13590	12 (1) except as provided in subsection (c) of Section 21
13591	13591	13 of this Act, to any person at any place within 35 miles of
13592	13592	14 any other place licensed by the Division Board to hold a
13593	13593	15 race meeting on the same date during the same hours, the
13594	13594	16 mileage measurement used in this subsection (a) shall be
13595	13595	17 certified to the Division Board by the Bureau of Systems
13596	13596	18 and Services in the Illinois Department of Transportation
13597	13597	19 as the most commonly used public way of vehicular travel;
13598	13598	20 (2) to any person in default in the payment of any
13599	13599	21 obligation or debt due the State under this Act, provided
13600	13600	22 no applicant shall be deemed in default in the payment of
13601	13601	23 any obligation or debt due to the State under this Act as
13602	13602	24 long as there is pending a hearing of any kind relevant to
13603	13603	25 such matter;
13604	13604
13605	13605
13606	13606
13607	13607
13608	13608
13609	13609	SB0280 - 381 - LRB103 24970 AMQ 51304 b
13610	13610
13611	13611
13612	13612	SB0280- 382 -LRB103 24970 AMQ 51304 b SB0280 - 382 - LRB103 24970 AMQ 51304 b
13613	13613	SB0280 - 382 - LRB103 24970 AMQ 51304 b
13614	13614	1 (3) to any person who has been convicted of the
13615	13615	2 violation of any law of the United States or any State law
13616	13616	3 which provided as all or part of its penalty imprisonment
13617	13617	4 in any penal institution; to any person against whom there
13618	13618	5 is pending a Federal or State criminal charge; to any
13619	13619	6 person who is or has been connected with or engaged in the
13620	13620	7 operation of any illegal business; to any person who does
13621	13621	8 not enjoy a general reputation in his community of being
13622	13622	9 an honest, upright, law-abiding person; provided that none
13623	13623	10 of the matters set forth in this subparagraph (3) shall
13624	13624	11 make any person ineligible to be granted an organization
13625	13625	12 license if the Division Board determines, based on
13626	13626	13 circumstances of any such case, that the granting of a
13627	13627	14 license would not be detrimental to the interests of horse
13628	13628	15 racing and of the public;
13629	13629	16 (4) to any person who does not at the time of
13630	13630	17 application for the organization license own or have a
13631	13631	18 contract or lease for the possession of a finished race
13632	13632	19 track suitable for the type of racing intended to be held
13633	13633	20 by the applicant and for the accommodation of the public.
13634	13634	21 (b) (Blank).
13635	13635	22 (c) If any person is ineligible to receive an organization
13636	13636	23 license because of any of the matters set forth in subsection
13637	13637	24 (a) (2) or subsection (a) (3) of this Section, any other or
13638	13638	25 separate person that either (i) controls, directly or
13639	13639	26 indirectly, such ineligible person or (ii) is controlled,
13640	13640
13641	13641
13642	13642
13643	13643
13644	13644
13645	13645	SB0280 - 382 - LRB103 24970 AMQ 51304 b
13646	13646
13647	13647
13648	13648	SB0280- 383 -LRB103 24970 AMQ 51304 b SB0280 - 383 - LRB103 24970 AMQ 51304 b
13649	13649	SB0280 - 383 - LRB103 24970 AMQ 51304 b
13650	13650	1 directly or indirectly, by such ineligible person or by a
13651	13651	2 person which controls, directly or indirectly, such ineligible
13652	13652	3 person shall also be ineligible.
13653	13653	4 (Source: P.A. 101-31, eff. 6-28-19.)
13654	13654	5 (230 ILCS 5/19.5)
13655	13655	6 Sec. 19.5. Standardbred racetrack in Cook County.
13656	13656	7 Notwithstanding anything in this Act to the contrary, in
13657	13657	8 addition to organization licenses issued by the Division Board
13658	13658	9 on the effective date of this amendatory Act of the 101st
13659	13659	10 General Assembly, the Division Board shall issue an
13660	13660	11 organization license limited to standardbred racing to a
13661	13661	12 racetrack located in one of the following townships of Cook
13662	13662	13 County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
13663	13663	14 Worth. This additional organization license shall not be
13664	13664	15 issued within a 35-mile radius of another organization license
13665	13665	16 issued by the former Illinois Racing Board on the effective
13666	13666	17 date of this amendatory Act of the 101st General Assembly,
13667	13667	18 unless the person having operating control of such racetrack
13668	13668	19 has given written consent to the organization licensee
13669	13669	20 applicant, which consent must be filed with the Division Board
13670	13670	21 at or prior to the time application is made. The organization
13671	13671	22 license application shall be submitted to the Division Board
13672	13672	23 and the Division Board may grant the organization license at
13673	13673	24 any meeting of the Division Board. The Division Board shall
13674	13674	25 examine the application within 21 days after receipt of the
13675	13675
13676	13676
13677	13677
13678	13678
13679	13679
13680	13680	SB0280 - 383 - LRB103 24970 AMQ 51304 b
13681	13681
13682	13682
13683	13683	SB0280- 384 -LRB103 24970 AMQ 51304 b SB0280 - 384 - LRB103 24970 AMQ 51304 b
13684	13684	SB0280 - 384 - LRB103 24970 AMQ 51304 b
13685	13685	1 application with respect to its conformity with this Act and
13686	13686	2 the rules adopted by the Division Board. If the application
13687	13687	3 does not comply with this Act or the rules adopted by the
13688	13688	4 Division Board, the application may be rejected and an
13689	13689	5 organization license refused to the applicant, or the Division
13690	13690	6 Board may, within 21 days after receipt of the application,
13691	13691	7 advise the applicant of the deficiencies of the application
13692	13692	8 under the Act or the rules of the Division Board and require
13693	13693	9 the submittal of an amended application within a reasonable
13694	13694	10 time determined by the Division Board; upon submittal of the
13695	13695	11 amended application by the applicant, the Division Board may
13696	13696	12 consider the application consistent with the process described
13697	13697	13 in subsection (e-5) of Section 20. If the application is found
13698	13698	14 to be in compliance with this Act and the rules of the Division
13699	13699	15 Board, the Division Board shall then issue an organization
13700	13700	16 license to the applicant. Once the organization license is
13701	13701	17 granted, the licensee shall have all of the current and future
13702	13702	18 rights of existing Illinois racetracks, including, but not
13703	13703	19 limited to, the ability to obtain an inter-track wagering
13704	13704	20 license, the ability to obtain inter-track wagering location
13705	13705	21 licenses, the ability to obtain an organization gaming license
13706	13706	22 pursuant to the Illinois Gambling Act with 1,200 gaming
13707	13707	23 positions, and the ability to offer Internet wagering on horse
13708	13708	24 racing.
13709	13709	25 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
13710	13710
13711	13711
13712	13712
13713	13713
13714	13714
13715	13715	SB0280 - 384 - LRB103 24970 AMQ 51304 b
13716	13716
13717	13717
13718	13718	SB0280- 385 -LRB103 24970 AMQ 51304 b SB0280 - 385 - LRB103 24970 AMQ 51304 b
13719	13719	SB0280 - 385 - LRB103 24970 AMQ 51304 b
13720	13720	1 (230 ILCS 5/20) (from Ch. 8, par. 37-20)
13721	13721	2 Sec. 20. (a) Any person desiring to conduct a horse race
13722	13722	3 meeting may apply to the Division Board for an organization
13723	13723	4 license. The application shall be made on a form prescribed
13724	13724	5 and furnished by the Division Board. The application shall
13725	13725	6 specify:
13726	13726	7 (1) the dates on which it intends to conduct the horse
13727	13727	8 race meeting, which dates shall be provided under Section
13728	13728	9 21;
13729	13729	10 (2) the hours of each racing day between which it
13730	13730	11 intends to hold or conduct horse racing at such meeting;
13731	13731	12 (3) the location where it proposes to conduct the
13732	13732	13 meeting; and
13733	13733	14 (4) any other information the Division Board may
13734	13734	15 reasonably require.
13735	13735	16 (b) A separate application for an organization license
13736	13736	17 shall be filed for each horse race meeting which such person
13737	13737	18 proposes to hold. Any such application, if made by an
13738	13738	19 individual, or by any individual as trustee, shall be signed
13739	13739	20 and verified under oath by such individual. If the application
13740	13740	21 is made by individuals, then it shall be signed and verified
13741	13741	22 under oath by at least 2 of the individuals; if the application
13742	13742	23 is made by a partnership, an association, a corporation, a
13743	13743	24 corporate trustee, a limited liability company, or any other
13744	13744	25 entity, it shall be signed by an authorized officer, a
13745	13745	26 partner, a member, or a manager, as the case may be, of the
13746	13746
13747	13747
13748	13748
13749	13749
13750	13750
13751	13751	SB0280 - 385 - LRB103 24970 AMQ 51304 b
13752	13752
13753	13753
13754	13754	SB0280- 386 -LRB103 24970 AMQ 51304 b SB0280 - 386 - LRB103 24970 AMQ 51304 b
13755	13755	SB0280 - 386 - LRB103 24970 AMQ 51304 b
13756	13756	1 entity.
13757	13757	2 (c) The application shall specify:
13758	13758	3 (1) the name of the persons, association, trust, or
13759	13759	4 corporation making such application;
13760	13760	5 (2) the principal address of the applicant;
13761	13761	6 (3) if the applicant is a trustee, the names and
13762	13762	7 addresses of the beneficiaries; if the applicant is a
13763	13763	8 corporation, the names and addresses of all officers,
13764	13764	9 stockholders and directors; or if such stockholders hold
13765	13765	10 stock as a nominee or fiduciary, the names and addresses
13766	13766	11 of the parties who are the beneficial owners thereof or
13767	13767	12 who are beneficially interested therein; if the applicant
13768	13768	13 is a partnership, the names and addresses of all partners,
13769	13769	14 general or limited; if the applicant is a limited
13770	13770	15 liability company, the names and addresses of the manager
13771	13771	16 and members; and if the applicant is any other entity, the
13772	13772	17 names and addresses of all officers or other authorized
13773	13773	18 persons of the entity.
13774	13774	19 (d) The applicant shall execute and file with the Division
13775	13775	20 Board a good faith affirmative action plan to recruit, train,
13776	13776	21 and upgrade minorities in all classifications within the
13777	13777	22 association.
13778	13778	23 (e) With such application there shall be delivered to the
13779	13779	24 Division Board a certified check or bank draft payable to the
13780	13780	25 order of the Division Board for an amount equal to $1,000. All
13781	13781	26 applications for the issuance of an organization license shall
13782	13782
13783	13783
13784	13784
13785	13785
13786	13786
13787	13787	SB0280 - 386 - LRB103 24970 AMQ 51304 b
13788	13788
13789	13789
13790	13790	SB0280- 387 -LRB103 24970 AMQ 51304 b SB0280 - 387 - LRB103 24970 AMQ 51304 b
13791	13791	SB0280 - 387 - LRB103 24970 AMQ 51304 b
13792	13792	1 be filed with the Division Board before August 1 of the year
13793	13793	2 prior to the year for which application is made and shall be
13794	13794	3 acted upon by the Division Board at a meeting to be held on
13795	13795	4 such date as shall be fixed by the Division Board during the
13796	13796	5 last 15 days of September of such prior year. At such meeting,
13797	13797	6 the Division Board shall announce the award of the racing
13798	13798	7 meets, live racing schedule, and designation of host track to
13799	13799	8 the applicants and its approval or disapproval of each
13800	13800	9 application. No announcement shall be considered binding until
13801	13801	10 a formal order is executed by the Division Board, which shall
13802	13802	11 be executed no later than October 15 of that prior year. Absent
13803	13803	12 the agreement of the affected organization licensees, the
13804	13804	13 Division Board shall not grant overlapping race meetings to 2
13805	13805	14 or more tracks that are within 100 miles of each other to
13806	13806	15 conduct the thoroughbred racing.
13807	13807	16 (e-1) The Division Board shall award standardbred racing
13808	13808	17 dates to organization licensees with an organization gaming
13809	13809	18 license pursuant to the following schedule:
13810	13810	19 (1) For the first calendar year of operation of
13811	13811	20 gambling games by an organization gaming licensee under
13812	13812	21 this amendatory Act of the 101st General Assembly, when a
13813	13813	22 single entity requests standardbred racing dates, the
13814	13814	23 Division Board shall award no fewer than 100 days of
13815	13815	24 racing. The 100-day requirement may be reduced to no fewer
13816	13816	25 than 80 days if no dates are requested for the first 3
13817	13817	26 months of a calendar year. If more than one entity
13818	13818
13819	13819
13820	13820
13821	13821
13822	13822
13823	13823	SB0280 - 387 - LRB103 24970 AMQ 51304 b
13824	13824
13825	13825
13826	13826	SB0280- 388 -LRB103 24970 AMQ 51304 b SB0280 - 388 - LRB103 24970 AMQ 51304 b
13827	13827	SB0280 - 388 - LRB103 24970 AMQ 51304 b
13828	13828	1 requests standardbred racing dates, the Division Board
13829	13829	2 shall award no fewer than 140 days of racing between the
13830	13830	3 applicants.
13831	13831	4 (2) For the second calendar year of operation of
13832	13832	5 gambling games by an organization gaming licensee under
13833	13833	6 this amendatory Act of the 101st General Assembly, when a
13834	13834	7 single entity requests standardbred racing dates, the
13835	13835	8 Division Board shall award no fewer than 100 days of
13836	13836	9 racing. The 100-day requirement may be reduced to no fewer
13837	13837	10 than 80 days if no dates are requested for the first 3
13838	13838	11 months of a calendar year. If more than one entity
13839	13839	12 requests standardbred racing dates, the Division Board
13840	13840	13 shall award no fewer than 160 days of racing between the
13841	13841	14 applicants.
13842	13842	15 (3) For the third calendar year of operation of
13843	13843	16 gambling games by an organization gaming licensee under
13844	13844	17 this amendatory Act of the 101st General Assembly, and
13845	13845	18 each calendar year thereafter, when a single entity
13846	13846	19 requests standardbred racing dates, the Division Board
13847	13847	20 shall award no fewer than 120 days of racing. The 120-day
13848	13848	21 requirement may be reduced to no fewer than 100 days if no
13849	13849	22 dates are requested for the first 3 months of a calendar
13850	13850	23 year. If more than one entity requests standardbred racing
13851	13851	24 dates, the Division Board shall award no fewer than 200
13852	13852	25 days of racing between the applicants.
13853	13853	26 An organization licensee shall apply for racing dates
13854	13854
13855	13855
13856	13856
13857	13857
13858	13858
13859	13859	SB0280 - 388 - LRB103 24970 AMQ 51304 b
13860	13860
13861	13861
13862	13862	SB0280- 389 -LRB103 24970 AMQ 51304 b SB0280 - 389 - LRB103 24970 AMQ 51304 b
13863	13863	SB0280 - 389 - LRB103 24970 AMQ 51304 b
13864	13864	1 pursuant to this subsection (e-1). In awarding racing dates
13865	13865	2 under this subsection (e-1), the Division Board shall have the
13866	13866	3 discretion to allocate those standardbred racing dates among
13867	13867	4 these organization licensees.
13868	13868	5 (e-2) The Division Board shall award thoroughbred racing
13869	13869	6 days to Cook County organization licensees pursuant to the
13870	13870	7 following schedule:
13871	13871	8 (1) During the first year in which only one
13872	13872	9 organization licensee is awarded an organization gaming
13873	13873	10 license, the Division Board shall award no fewer than 110
13874	13874	11 days of racing.
13875	13875	12 During the second year in which only one organization
13876	13876	13 licensee is awarded an organization gaming license, the
13877	13877	14 Division Board shall award no fewer than 115 racing days.
13878	13878	15 During the third year and every year thereafter, in
13879	13879	16 which only one organization licensee is awarded an
13880	13880	17 organization gaming license, the Division Board shall
13881	13881	18 award no fewer than 120 racing days.
13882	13882	19 (2) During the first year in which 2 organization
13883	13883	20 licensees are awarded an organization gaming license, the
13884	13884	21 Division Board shall award no fewer than 139 total racing
13885	13885	22 days.
13886	13886	23 During the second year in which 2 organization
13887	13887	24 licensees are awarded an organization gaming license, the
13888	13888	25 Division Board shall award no fewer than 160 total racing
13889	13889	26 days.
13890	13890
13891	13891
13892	13892
13893	13893
13894	13894
13895	13895	SB0280 - 389 - LRB103 24970 AMQ 51304 b
13896	13896
13897	13897
13898	13898	SB0280- 390 -LRB103 24970 AMQ 51304 b SB0280 - 390 - LRB103 24970 AMQ 51304 b
13899	13899	SB0280 - 390 - LRB103 24970 AMQ 51304 b
13900	13900	1 During the third year and every year thereafter in
13901	13901	2 which 2 organization licensees are awarded an organization
13902	13902	3 gaming license, the Division Board shall award no fewer
13903	13903	4 than 174 total racing days.
13904	13904	5 A Cook County organization licensee shall apply for racing
13905	13905	6 dates pursuant to this subsection (e-2). In awarding racing
13906	13906	7 dates under this subsection (e-2), the Division Board shall
13907	13907	8 have the discretion to allocate those thoroughbred racing
13908	13908	9 dates among these Cook County organization licensees.
13909	13909	10 (e-3) In awarding racing dates for calendar year 2020 and
13910	13910	11 thereafter in connection with a racetrack in Madison County,
13911	13911	12 the Division Board shall award racing dates and such
13912	13912	13 organization licensee shall run at least 700 thoroughbred
13913	13913	14 races at the racetrack in Madison County each year.
13914	13914	15 Notwithstanding Section 7.7 of the Illinois Gambling Act
13915	13915	16 or any provision of this Act other than subsection (e-4.5),
13916	13916	17 for each calendar year for which an organization gaming
13917	13917	18 licensee located in Madison County requests racing dates
13918	13918	19 resulting in less than 700 live thoroughbred races at its
13919	13919	20 racetrack facility, the organization gaming licensee may not
13920	13920	21 conduct gaming pursuant to an organization gaming license
13921	13921	22 issued under the Illinois Gambling Act for the calendar year
13922	13922	23 of such requested live races.
13923	13923	24 (e-4) Notwithstanding the provisions of Section 7.7 of the
13924	13924	25 Illinois Gambling Act or any provision of this Act other than
13925	13925	26 subsections (e-3) and (e-4.5), for each calendar year for
13926	13926
13927	13927
13928	13928
13929	13929
13930	13930
13931	13931	SB0280 - 390 - LRB103 24970 AMQ 51304 b
13932	13932
13933	13933
13934	13934	SB0280- 391 -LRB103 24970 AMQ 51304 b SB0280 - 391 - LRB103 24970 AMQ 51304 b
13935	13935	SB0280 - 391 - LRB103 24970 AMQ 51304 b
13936	13936	1 which an organization gaming licensee requests thoroughbred
13937	13937	2 racing dates which results in a number of live races under its
13938	13938	3 organization license that is less than the total number of
13939	13939	4 live races which it conducted in 2017 at its racetrack
13940	13940	5 facility, the organization gaming licensee may not conduct
13941	13941	6 gaming pursuant to its organization gaming license for the
13942	13942	7 calendar year of such requested live races.
13943	13943	8 (e-4.1) Notwithstanding the provisions of Section 7.7 of
13944	13944	9 the Illinois Gambling Act or any provision of this Act other
13945	13945	10 than subsections (e-3) and (e-4.5), for each calendar year for
13946	13946	11 which an organization licensee requests racing dates for
13947	13947	12 standardbred racing which results in a number of live races
13948	13948	13 that is less than the total number of live races required in
13949	13949	14 subsection (e-1), the organization gaming licensee may not
13950	13950	15 conduct gaming pursuant to its organization gaming license for
13951	13951	16 the calendar year of such requested live races.
13952	13952	17 (e-4.5) The Division Board shall award the minimum live
13953	13953	18 racing guarantees contained in subsections (e-1), (e-2), and
13954	13954	19 (e-3) to ensure that each organization licensee shall
13955	13955	20 individually run a sufficient number of races per year to
13956	13956	21 qualify for an organization gaming license under this Act. The
13957	13957	22 General Assembly finds that the minimum live racing guarantees
13958	13958	23 contained in subsections (e-1), (e-2), and (e-3) are in the
13959	13959	24 best interest of the sport of horse racing, and that such
13960	13960	25 guarantees may only be reduced in the calendar year in which
13961	13961	26 they will be conducted in the limited circumstances described
13962	13962
13963	13963
13964	13964
13965	13965
13966	13966
13967	13967	SB0280 - 391 - LRB103 24970 AMQ 51304 b
13968	13968
13969	13969
13970	13970	SB0280- 392 -LRB103 24970 AMQ 51304 b SB0280 - 392 - LRB103 24970 AMQ 51304 b
13971	13971	SB0280 - 392 - LRB103 24970 AMQ 51304 b
13972	13972	1 in this subsection. The Division Board may decrease the number
13973	13973	2 of racing days without affecting an organization licensee's
13974	13974	3 ability to conduct gaming pursuant to an organization gaming
13975	13975	4 license issued under the Illinois Gambling Act only if the
13976	13976	5 Director Board determines, after notice and hearing, that:
13977	13977	6 (i) a decrease is necessary to maintain a sufficient
13978	13978	7 number of betting interests per race to ensure the
13979	13979	8 integrity of racing;
13980	13980	9 (ii) there are unsafe track conditions due to weather
13981	13981	10 or acts of God;
13982	13982	11 (iii) there is an agreement between an organization
13983	13983	12 licensee and the breed association that is applicable to
13984	13984	13 the involved live racing guarantee, such association
13985	13985	14 representing either the largest number of thoroughbred
13986	13986	15 owners and trainers or the largest number of standardbred
13987	13987	16 owners, trainers and drivers who race horses at the
13988	13988	17 involved organization licensee's racing meeting, so long
13989	13989	18 as the agreement does not compromise the integrity of the
13990	13990	19 sport of horse racing; or
13991	13991	20 (iv) the horse population or purse levels are
13992	13992	21 insufficient to provide the number of racing opportunities
13993	13993	22 otherwise required in this Act.
13994	13994	23 In decreasing the number of racing dates in accordance
13995	13995	24 with this subsection, the Director Board shall hold a hearing
13996	13996	25 and shall provide the public and all interested parties notice
13997	13997	26 and an opportunity to be heard. The Director Board shall
13998	13998
13999	13999
14000	14000
14001	14001
14002	14002
14003	14003	SB0280 - 392 - LRB103 24970 AMQ 51304 b
14004	14004
14005	14005
14006	14006	SB0280- 393 -LRB103 24970 AMQ 51304 b SB0280 - 393 - LRB103 24970 AMQ 51304 b
14007	14007	SB0280 - 393 - LRB103 24970 AMQ 51304 b
14008	14008	1 accept testimony from all interested parties, including any
14009	14009	2 association representing owners, trainers, jockeys, or drivers
14010	14010	3 who will be affected by the decrease in racing dates. The
14011	14011	4 Director Board shall provide a written explanation of the
14012	14012	5 reasons for the decrease and the Board's findings. The written
14013	14013	6 explanation shall include a listing and content of all
14014	14014	7 communication between any party and any Division Illinois
14015	14015	8 Racing Board member or staff that does not take place at a
14016	14016	9 public hearing before the Director meeting of the Board.
14017	14017	10 (e-5) In reviewing an application for the purpose of
14018	14018	11 granting an organization license consistent with the best
14019	14019	12 interests of the public and the sport of horse racing, the
14020	14020	13 Director Board shall consider:
14021	14021	14 (1) the character, reputation, experience, and
14022	14022	15 financial integrity of the applicant and of any other
14023	14023	16 separate person that either:
14024	14024	17 (i) controls the applicant, directly or
14025	14025	18 indirectly, or
14026	14026	19 (ii) is controlled, directly or indirectly, by
14027	14027	20 that applicant or by a person who controls, directly
14028	14028	21 or indirectly, that applicant;
14029	14029	22 (2) the applicant's facilities or proposed facilities
14030	14030	23 for conducting horse racing;
14031	14031	24 (3) the total revenue without regard to Section 32.1
14032	14032	25 to be derived by the State and horsemen from the
14033	14033	26 applicant's conducting a race meeting;
14034	14034
14035	14035
14036	14036
14037	14037
14038	14038
14039	14039	SB0280 - 393 - LRB103 24970 AMQ 51304 b
14040	14040
14041	14041
14042	14042	SB0280- 394 -LRB103 24970 AMQ 51304 b SB0280 - 394 - LRB103 24970 AMQ 51304 b
14043	14043	SB0280 - 394 - LRB103 24970 AMQ 51304 b
14044	14044	1 (4) the applicant's good faith affirmative action plan
14045	14045	2 to recruit, train, and upgrade minorities in all
14046	14046	3 employment classifications;
14047	14047	4 (5) the applicant's financial ability to purchase and
14048	14048	5 maintain adequate liability and casualty insurance;
14049	14049	6 (6) the applicant's proposed and prior year's
14050	14050	7 promotional and marketing activities and expenditures of
14051	14051	8 the applicant associated with those activities;
14052	14052	9 (7) an agreement, if any, among organization licensees
14053	14053	10 as provided in subsection (b) of Section 21 of this Act;
14054	14054	11 and
14055	14055	12 (8) the extent to which the applicant exceeds or meets
14056	14056	13 other standards for the issuance of an organization
14057	14057	14 license that the Division Board shall adopt by rule.
14058	14058	15 In granting organization licenses and allocating dates for
14059	14059	16 horse race meetings, the Division Board shall have discretion
14060	14060	17 to determine an overall schedule, including required
14061	14061	18 simulcasts of Illinois races by host tracks that will, in its
14062	14062	19 judgment, be conducive to the best interests of the public and
14063	14063	20 the sport of horse racing.
14064	14064	21 (e-10) The Illinois Administrative Procedure Act shall
14065	14065	22 apply to administrative procedures of the Director and the
14066	14066	23 Division Board under this Act for the granting of an
14067	14067	24 organization license, except that (1) notwithstanding the
14068	14068	25 provisions of subsection (b) of Section 10-40 of the Illinois
14069	14069	26 Administrative Procedure Act regarding cross-examination, the
14070	14070
14071	14071
14072	14072
14073	14073
14074	14074
14075	14075	SB0280 - 394 - LRB103 24970 AMQ 51304 b
14076	14076
14077	14077
14078	14078	SB0280- 395 -LRB103 24970 AMQ 51304 b SB0280 - 395 - LRB103 24970 AMQ 51304 b
14079	14079	SB0280 - 395 - LRB103 24970 AMQ 51304 b
14080	14080	1 Division Board may prescribe rules limiting the right of an
14081	14081	2 applicant or participant in any proceeding to award an
14082	14082	3 organization license to conduct cross-examination of witnesses
14083	14083	4 at that proceeding where that cross-examination would unduly
14084	14084	5 obstruct the timely award of an organization license under
14085	14085	6 subsection (e) of Section 20 of this Act; (2) the provisions of
14086	14086	7 Section 10-45 of the Illinois Administrative Procedure Act
14087	14087	8 regarding proposals for decision are excluded under this Act;
14088	14088	9 (3) notwithstanding the provisions of subsection (a) of
14089	14089	10 Section 10-60 of the Illinois Administrative Procedure Act
14090	14090	11 regarding ex parte communications, the Division Board may
14091	14091	12 prescribe rules allowing ex parte communications with
14092	14092	13 applicants or participants in a proceeding to award an
14093	14093	14 organization license where conducting those communications
14094	14094	15 would be in the best interest of racing, provided all those
14095	14095	16 communications are made part of the record of that proceeding
14096	14096	17 pursuant to subsection (c) of Section 10-60 of the Illinois
14097	14097	18 Administrative Procedure Act; (4) the provisions of Section
14098	14098	19 14a of this Act and the rules of the Division Board promulgated
14099	14099	20 under that Section shall apply instead of the provisions of
14100	14100	21 Article 10 of the Illinois Administrative Procedure Act
14101	14101	22 regarding administrative law judges; and (5) the provisions of
14102	14102	23 subsection (d) of Section 10-65 of the Illinois Administrative
14103	14103	24 Procedure Act that prevent summary suspension of a license
14104	14104	25 pending revocation or other action shall not apply.
14105	14105	26 (f) The Division Board may allot racing dates to an
14106	14106
14107	14107
14108	14108
14109	14109
14110	14110
14111	14111	SB0280 - 395 - LRB103 24970 AMQ 51304 b
14112	14112
14113	14113
14114	14114	SB0280- 396 -LRB103 24970 AMQ 51304 b SB0280 - 396 - LRB103 24970 AMQ 51304 b
14115	14115	SB0280 - 396 - LRB103 24970 AMQ 51304 b
14116	14116	1 organization licensee for more than one calendar year but for
14117	14117	2 no more than 3 successive calendar years in advance, provided
14118	14118	3 that the Division Board shall review such allotment for more
14119	14119	4 than one calendar year prior to each year for which such
14120	14120	5 allotment has been made. The granting of an organization
14121	14121	6 license to a person constitutes a privilege to conduct a horse
14122	14122	7 race meeting under the provisions of this Act, and no person
14123	14123	8 granted an organization license shall be deemed to have a
14124	14124	9 vested interest, property right, or future expectation to
14125	14125	10 receive an organization license in any subsequent year as a
14126	14126	11 result of the granting of an organization license.
14127	14127	12 Organization licenses shall be subject to revocation if the
14128	14128	13 organization licensee has violated any provision of this Act
14129	14129	14 or the rules and regulations promulgated under this Act or has
14130	14130	15 been convicted of a crime or has failed to disclose or has
14131	14131	16 stated falsely any information called for in the application
14132	14132	17 for an organization license. Any organization license
14133	14133	18 revocation proceeding shall be in accordance with Section 16
14134	14134	19 regarding suspension and revocation of occupation licenses.
14135	14135	20 (f-5) If, (i) an applicant does not file an acceptance of
14136	14136	21 the racing dates awarded by the Division Board as required
14137	14137	22 under part (1) of subsection (h) of this Section 20, or (ii) an
14138	14138	23 organization licensee has its license suspended or revoked
14139	14139	24 under this Act, the Director Board, upon conducting an
14140	14140	25 emergency hearing as provided for in this Act, may reaward on
14141	14141	26 an emergency basis pursuant to rules established by the
14142	14142
14143	14143
14144	14144
14145	14145
14146	14146
14147	14147	SB0280 - 396 - LRB103 24970 AMQ 51304 b
14148	14148
14149	14149
14150	14150	SB0280- 397 -LRB103 24970 AMQ 51304 b SB0280 - 397 - LRB103 24970 AMQ 51304 b
14151	14151	SB0280 - 397 - LRB103 24970 AMQ 51304 b
14152	14152	1 Division Board, racing dates not accepted or the racing dates
14153	14153	2 associated with any suspension or revocation period to one or
14154	14154	3 more organization licensees, new applicants, or any
14155	14155	4 combination thereof, upon terms and conditions that the
14156	14156	5 Division Board determines are in the best interest of racing,
14157	14157	6 provided, the organization licensees or new applicants
14158	14158	7 receiving the awarded racing dates file an acceptance of those
14159	14159	8 reawarded racing dates as required under paragraph (1) of
14160	14160	9 subsection (h) of this Section 20 and comply with the other
14161	14161	10 provisions of this Act. The Illinois Administrative Procedure
14162	14162	11 Act shall not apply to the administrative procedures of the
14163	14163	12 Division Board in conducting the emergency hearing and the
14164	14164	13 reallocation of racing dates on an emergency basis.
14165	14165	14 (g) (Blank).
14166	14166	15 (h) The Division Board shall send the applicant a copy of
14167	14167	16 its formally executed order by certified mail addressed to the
14168	14168	17 applicant at the address stated in his application, which
14169	14169	18 notice shall be mailed within 5 days of the date the formal
14170	14170	19 order is executed.
14171	14171	20 Each applicant notified shall, within 10 days after
14172	14172	21 receipt of the final executed order of the Division Board
14173	14173	22 awarding racing dates:
14174	14174	23 (1) file with the Division Board an acceptance of such
14175	14175	24 award in the form prescribed by the Division Board;
14176	14176	25 (2) pay to the Division Board an additional amount
14177	14177	26 equal to $110 for each racing date awarded; and
14178	14178
14179	14179
14180	14180
14181	14181
14182	14182
14183	14183	SB0280 - 397 - LRB103 24970 AMQ 51304 b
14184	14184
14185	14185
14186	14186	SB0280- 398 -LRB103 24970 AMQ 51304 b SB0280 - 398 - LRB103 24970 AMQ 51304 b
14187	14187	SB0280 - 398 - LRB103 24970 AMQ 51304 b
14188	14188	1 (3) file with the Division Board the bonds required in
14189	14189	2 Sections 21 and 25 at least 20 days prior to the first day
14190	14190	3 of each race meeting.
14191	14191	4 Upon compliance with the provisions of paragraphs (1), (2),
14192	14192	5 and (3) of this subsection (h), the applicant shall be issued
14193	14193	6 an organization license.
14194	14194	7 If any applicant fails to comply with this Section or
14195	14195	8 fails to pay the organization license fees herein provided, no
14196	14196	9 organization license shall be issued to such applicant.
14197	14197	10 (Source: P.A. 101-31, eff. 6-28-19.)
14198	14198	11 (230 ILCS 5/20.1)
14199	14199	12 Sec. 20.1. Authority of licensees.
14200	14200	13 (a) Notwithstanding anything in this Act to the contrary,
14201	14201	14 an organization licensee shall have authority to:
14202	14202	15 (1) determine prices charged for goods and services;
14203	14203	16 (2) determine prices charged for wagering products,
14204	14204	17 subject to Sections 26 and 26.2 of this Act;
14205	14205	18 (3) determine its hours of operation, subject to at
14206	14206	19 least 30 days prior notice to the Division Board if such
14207	14207	20 hours are different than provided such licensee's racing
14208	14208	21 dates application; and
14209	14209	22 (4) otherwise manage its business operations.
14210	14210	23 (b) The Division Board may disapprove of any business
14211	14211	24 practices by organization licensees identified in subsection
14212	14212	25 (a) of this Section if the Division Board finds that such
14213	14213
14214	14214
14215	14215
14216	14216
14217	14217
14218	14218	SB0280 - 398 - LRB103 24970 AMQ 51304 b
14219	14219
14220	14220
14221	14221	SB0280- 399 -LRB103 24970 AMQ 51304 b SB0280 - 399 - LRB103 24970 AMQ 51304 b
14222	14222	SB0280 - 399 - LRB103 24970 AMQ 51304 b
14223	14223	1 practices are detrimental to the public interest.
14224	14224	2 (Source: P.A. 91-40, eff. 6-25-99.)
14225	14225	3 (230 ILCS 5/21) (from Ch. 8, par. 37-21)
14226	14226	4 Sec. 21. (a) Applications for organization licenses must
14227	14227	5 be filed with the Division Board at a time and place prescribed
14228	14228	6 by the rules and regulations of the Division Board. The
14229	14229	7 Division Board shall examine the applications within 21 days
14230	14230	8 after the date allowed for filing with respect to their
14231	14231	9 conformity with this Act and such rules and regulations as may
14232	14232	10 be prescribed by the Division Board. If any application does
14233	14233	11 not comply with this Act or the rules and regulations
14234	14234	12 prescribed by the Division Board, such application may be
14235	14235	13 rejected and an organization license refused to the applicant,
14236	14236	14 or the Division Board may, within 21 days of the receipt of
14237	14237	15 such application, advise the applicant of the deficiencies of
14238	14238	16 the application under the Act or the rules and regulations of
14239	14239	17 the Division Board, and require the submittal of an amended
14240	14240	18 application within a reasonable time determined by the
14241	14241	19 Division Board; and upon submittal of the amended application
14242	14242	20 by the applicant, the Division Board may consider the
14243	14243	21 application consistent with the process described in
14244	14244	22 subsection (e-5) of Section 20 of this Act. If it is found to
14245	14245	23 be in compliance with this Act and the rules and regulations of
14246	14246	24 the Division Board, the Division Board may then issue an
14247	14247	25 organization license to such applicant.
14248	14248
14249	14249
14250	14250
14251	14251
14252	14252
14253	14253	SB0280 - 399 - LRB103 24970 AMQ 51304 b
14254	14254
14255	14255
14256	14256	SB0280- 400 -LRB103 24970 AMQ 51304 b SB0280 - 400 - LRB103 24970 AMQ 51304 b
14257	14257	SB0280 - 400 - LRB103 24970 AMQ 51304 b
14258	14258	1 (b) The Division Board may exercise discretion in granting
14259	14259	2 racing dates to qualified applicants different from those
14260	14260	3 requested by the applicants in their applications. However, if
14261	14261	4 all eligible applicants for organization licenses whose tracks
14262	14262	5 are located within 100 miles of each other execute and submit
14263	14263	6 to the Division Board a written agreement among such
14264	14264	7 applicants as to the award of racing dates, including where
14265	14265	8 applicable racing programs, for up to 3 consecutive years,
14266	14266	9 then subject to annual review of each applicant's compliance
14267	14267	10 with Division Board rules and regulations, provisions of this
14268	14268	11 Act and conditions contained in annual dates orders issued by
14269	14269	12 the Division Board, the Division Board may grant such dates
14270	14270	13 and programs to such applicants as so agreed by them if the
14271	14271	14 Board determines that the grant of these racing dates is in the
14272	14272	15 best interests of racing. The Division Board shall treat any
14273	14273	16 such agreement as the agreement signatories' joint and several
14274	14274	17 application for racing dates during the term of the agreement.
14275	14275	18 (c) Where 2 or more applicants propose to conduct horse
14276	14276	19 race meetings within 35 miles of each other, as certified to
14277	14277	20 the Division Board under Section 19 (a) (1) of this Act, on
14278	14278	21 conflicting dates, the Division Board may determine and grant
14279	14279	22 the number of racing days to be awarded to the several
14280	14280	23 applicants in accordance with the provisions of subsection
14281	14281	24 (e-5) of Section 20 of this Act.
14282	14282	25 (d) (Blank).
14283	14283	26 (e) Prior to the issuance of an organization license, the
14284	14284
14285	14285
14286	14286
14287	14287
14288	14288
14289	14289	SB0280 - 400 - LRB103 24970 AMQ 51304 b
14290	14290
14291	14291
14292	14292	SB0280- 401 -LRB103 24970 AMQ 51304 b SB0280 - 401 - LRB103 24970 AMQ 51304 b
14293	14293	SB0280 - 401 - LRB103 24970 AMQ 51304 b
14294	14294	1 applicant shall file with the Division Board the bond required
14295	14295	2 in subsection (d) of Section 27 payable to the State of
14296	14296	3 Illinois, executed by the applicant and a surety company or
14297	14297	4 companies authorized to do business in this State, and
14298	14298	5 conditioned upon the payment by the organization licensee of
14299	14299	6 all taxes due under Section 27, other monies due and payable
14300	14300	7 under this Act, all purses due and payable, and that the
14301	14301	8 organization licensee will upon presentation of the winning
14302	14302	9 ticket or tickets distribute all sums due to the patrons of
14303	14303	10 pari-mutuel pools.
14304	14304	11 (f) Each organization license shall specify the person to
14305	14305	12 whom it is issued, the dates upon which horse racing is
14306	14306	13 permitted, and the location, place, track, or enclosure where
14307	14307	14 the horse race meeting is to be held.
14308	14308	15 (g) Any person who owns one or more race tracks within the
14309	14309	16 State may seek, in its own name, a separate organization
14310	14310	17 license for each race track.
14311	14311	18 (h) All racing conducted under such organization license
14312	14312	19 is subject to this Act and to the rules and regulations from
14313	14313	20 time to time prescribed by the Division Board, and every such
14314	14314	21 organization license issued by the Division Board shall
14315	14315	22 contain a recital to that effect.
14316	14316	23 (i) Each such organization licensee may provide that at
14317	14317	24 least one race per day may be devoted to the racing of quarter
14318	14318	25 horses, appaloosas, arabians, or paints.
14319	14319	26 (j) In acting on applications for organization licenses,
14320	14320
14321	14321
14322	14322
14323	14323
14324	14324
14325	14325	SB0280 - 401 - LRB103 24970 AMQ 51304 b
14326	14326
14327	14327
14328	14328	SB0280- 402 -LRB103 24970 AMQ 51304 b SB0280 - 402 - LRB103 24970 AMQ 51304 b
14329	14329	SB0280 - 402 - LRB103 24970 AMQ 51304 b
14330	14330	1 the Division Board shall give weight to an organization
14331	14331	2 license which has implemented a good faith affirmative action
14332	14332	3 effort to recruit, train and upgrade minorities in all
14333	14333	4 classifications within the organization license.
14334	14334	5 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
14335	14335	6 (230 ILCS 5/23) (from Ch. 8, par. 37-23)
14336	14336	7 Sec. 23. (a) The Division Board shall promulgate as part
14337	14337	8 of its rules and regulations a set of minimum standards
14338	14338	9 (including, but not limited to, a workers' compensation plan)
14339	14339	10 to be observed by race tracks.
14340	14340	11 (b) The failure of a person who has been awarded racing
14341	14341	12 dates to observe the minimum standards to be promulgated by
14342	14342	13 the Division Board under subsection (a) of this Section shall
14343	14343	14 result in the mandatory suspension of the organization license
14344	14344	15 of that person by the Division Board. The suspended
14345	14345	16 organization license of the person shall not be reinstated
14346	14346	17 until the minimum standards are observed. Those persons and
14347	14347	18 tracks which apply for dates shall not be granted organization
14348	14348	19 licenses if they are not in observance of the minimum
14349	14349	20 standards to be promulgated by the Division Board under
14350	14350	21 subsection (a) of this Section.
14351	14351	22 The Division Board may refuse to issue or may suspend the
14352	14352	23 organization license of any person who fails to file a return,
14353	14353	24 or to pay the tax, penalty or interest shown in a filed return,
14354	14354	25 or to pay any final assessment of tax, penalty or interest, as
14355	14355
14356	14356
14357	14357
14358	14358
14359	14359
14360	14360	SB0280 - 402 - LRB103 24970 AMQ 51304 b
14361	14361
14362	14362
14363	14363	SB0280- 403 -LRB103 24970 AMQ 51304 b SB0280 - 403 - LRB103 24970 AMQ 51304 b
14364	14364	SB0280 - 403 - LRB103 24970 AMQ 51304 b
14365	14365	1 required by any tax Act administered by the Illinois
14366	14366	2 Department of Revenue, until such time as the requirements of
14367	14367	3 any such tax Act are satisfied.
14368	14368	4 (c) The Division Board shall consider the operational
14369	14369	5 needs of the Illinois State Fair and the DuQuoin State Fair as
14370	14370	6 this Section applies to the Illinois Department of
14371	14371	7 Agriculture. In considering the operational needs of the
14372	14372	8 Illinois Department of Agriculture, the Division Board may
14373	14373	9 waive any rule or portion of a rule when the physical
14374	14374	10 structure, improvement cost or other use of the facilities
14375	14375	11 prohibits compliance within this Act or the Division's Board's
14376	14376	12 rules.
14377	14377	13 (Source: P.A. 89-16, eff. 5-30-95.)
14378	14378	14 (230 ILCS 5/24) (from Ch. 8, par. 37-24)
14379	14379	15 Sec. 24. (a) No license shall be issued to or held by an
14380	14380	16 organization licensee unless all of its officers, directors,
14381	14381	17 and holders of ownership interests of at least 5% are first
14382	14382	18 approved by the Division Board. The Division Board shall not
14383	14383	19 give approval of an organization license application to any
14384	14384	20 person who has been convicted of or is under an indictment for
14385	14385	21 a crime of moral turpitude or has violated any provision of the
14386	14386	22 racing law of this State or any rules of the Division Board.
14387	14387	23 (b) An organization licensee must notify the Division
14388	14388	24 Board within 10 days of any change in the holders of a direct
14389	14389	25 or indirect interest in the ownership of the organization
14390	14390
14391	14391
14392	14392
14393	14393
14394	14394
14395	14395	SB0280 - 403 - LRB103 24970 AMQ 51304 b
14396	14396
14397	14397
14398	14398	SB0280- 404 -LRB103 24970 AMQ 51304 b SB0280 - 404 - LRB103 24970 AMQ 51304 b
14399	14399	SB0280 - 404 - LRB103 24970 AMQ 51304 b
14400	14400	1 licensee. The Division Board may, after a hearing before the
14401	14401	2 Director, revoke the organization license of any person who
14402	14402	3 registers on its books or knowingly permits a direct or
14403	14403	4 indirect interest in the ownership of that person without
14404	14404	5 notifying the Division Board of the name of the holder in
14405	14405	6 interest within this period.
14406	14406	7 (c) In addition to the provisions of subsection (a) of
14407	14407	8 this Section, no person shall be granted an organization
14408	14408	9 license if any public official of the State or member of his or
14409	14409	10 her family holds any ownership or financial interest, directly
14410	14410	11 or indirectly, in the person.
14411	14411	12 (d) No person which has been granted an organization
14412	14412	13 license to hold a race meeting shall give to any public
14413	14413	14 official or member of his family, directly or indirectly, for
14414	14414	15 or without consideration, any interest in the person. The
14415	14415	16 Division Board shall, after a hearing before the Director,
14416	14416	17 revoke the organization license granted to a person which has
14417	14417	18 violated this subsection.
14418	14418	19 (e) (Blank).
14419	14419	20 (f) No organization licensee or concessionaire or officer,
14420	14420	21 director or holder or controller of 5% or more legal or
14421	14421	22 beneficial interest in any organization licensee or concession
14422	14422	23 shall make any sort of gift or contribution that is prohibited
14423	14423	24 under Article 10 of the State Officials and Employees Ethics
14424	14424	25 Act or pay or give any money or other thing of value to any
14425	14425	26 person who is a public official, or a candidate or nominee for
14426	14426
14427	14427
14428	14428
14429	14429
14430	14430
14431	14431	SB0280 - 404 - LRB103 24970 AMQ 51304 b
14432	14432
14433	14433
14434	14434	SB0280- 405 -LRB103 24970 AMQ 51304 b SB0280 - 405 - LRB103 24970 AMQ 51304 b
14435	14435	SB0280 - 405 - LRB103 24970 AMQ 51304 b
14436	14436	1 public office if that payment or gift is prohibited under
14437	14437	2 Article 10 of the State Officials and Employees Ethics Act.
14438	14438	3 (Source: P.A. 101-31, eff. 6-28-19.)
14439	14439	4 (230 ILCS 5/25) (from Ch. 8, par. 37-25)
14440	14440	5 Sec. 25. Admission charge; bond; fine.
14441	14441	6 (a) There shall be paid to the Division Board at such time
14442	14442	7 or times as it shall prescribe, the sum of fifteen cents (15)
14443	14443	8 for each person entering the grounds or enclosure of each
14444	14444	9 organization licensee and inter-track wagering licensee upon a
14445	14445	10 ticket of admission except as provided in subsection (g) of
14446	14446	11 Section 27 of this Act. If tickets are issued for more than one
14447	14447	12 day then the sum of fifteen cents (15) shall be paid for each
14448	14448	13 person using such ticket on each day that the same shall be
14449	14449	14 used. Provided, however, that no charge shall be made on
14450	14450	15 tickets of admission issued to and in the name of directors,
14451	14451	16 officers, agents or employees of the organization licensee, or
14452	14452	17 inter-track wagering licensee, or to owners, trainers,
14453	14453	18 jockeys, drivers and their employees or to any person or
14454	14454	19 persons entering the grounds or enclosure for the transaction
14455	14455	20 of business in connection with such race meeting. The
14456	14456	21 organization licensee or inter-track wagering licensee may, if
14457	14457	22 it desires, collect such amount from each ticket holder in
14458	14458	23 addition to the amount or amounts charged for such ticket of
14459	14459	24 admission. Beginning on the date when any organization
14460	14460	25 licensee begins conducting gaming pursuant to an organization
14461	14461
14462	14462
14463	14463
14464	14464
14465	14465
14466	14466	SB0280 - 405 - LRB103 24970 AMQ 51304 b
14467	14467
14468	14468
14469	14469	SB0280- 406 -LRB103 24970 AMQ 51304 b SB0280 - 406 - LRB103 24970 AMQ 51304 b
14470	14470	SB0280 - 406 - LRB103 24970 AMQ 51304 b
14471	14471	1 gaming license issued under the Illinois Gambling Act, the
14472	14472	2 admission charge imposed by this subsection (a) shall be 40
14473	14473	3 cents for each person entering the grounds or enclosure of
14474	14474	4 each organization licensee and inter-track wagering licensee
14475	14475	5 upon a ticket of admission, and if such tickets are issued for
14476	14476	6 more than one day, 40 cents shall be paid for each person using
14477	14477	7 such ticket on each day that the same shall be used.
14478	14478	8 (b) Accurate records and books shall at all times be kept
14479	14479	9 and maintained by the organization licensees and inter-track
14480	14480	10 wagering licensees showing the admission tickets issued and
14481	14481	11 used on each racing day and the attendance thereat of each
14482	14482	12 horse racing meeting. The Division Board or its duly
14483	14483	13 authorized representative or representatives shall at all
14484	14484	14 reasonable times have access to the admission records of any
14485	14485	15 organization licensee and inter-track wagering licensee for
14486	14486	16 the purpose of examining and checking the same and
14487	14487	17 ascertaining whether or not the proper amount has been or is
14488	14488	18 being paid the State of Illinois as herein provided. The
14489	14489	19 Division Board shall also require, before issuing any license,
14490	14490	20 that the licensee shall execute and deliver to it a bond,
14491	14491	21 payable to the State of Illinois, in such sum as it shall
14492	14492	22 determine, not, however, in excess of fifty thousand dollars
14493	14493	23 ($50,000), with a surety or sureties to be approved by it,
14494	14494	24 conditioned for the payment of all sums due and payable or
14495	14495	25 collected by it under this Section upon admission fees
14496	14496	26 received for any particular racing meetings. The Division
14497	14497
14498	14498
14499	14499
14500	14500
14501	14501
14502	14502	SB0280 - 406 - LRB103 24970 AMQ 51304 b
14503	14503
14504	14504
14505	14505	SB0280- 407 -LRB103 24970 AMQ 51304 b SB0280 - 407 - LRB103 24970 AMQ 51304 b
14506	14506	SB0280 - 407 - LRB103 24970 AMQ 51304 b
14507	14507	1 Board may also from time to time require sworn statements of
14508	14508	2 the number or numbers of such admissions and may prescribe
14509	14509	3 blanks upon which such reports shall be made. Any organization
14510	14510	4 licensee or inter-track wagering licensee failing or refusing
14511	14511	5 to pay the amount found to be due as herein provided, shall be
14512	14512	6 deemed guilty of a business offense and upon conviction shall
14513	14513	7 be punished by a fine of not more than five thousand dollars
14514	14514	8 ($5,000) in addition to the amount due from such organization
14515	14515	9 licensee or inter-track wagering licensee as herein provided.
14516	14516	10 All fines paid into court by an organization licensee or
14517	14517	11 inter-track wagering licensee found guilty of violating this
14518	14518	12 Section shall be transmitted and paid over by the clerk of the
14519	14519	13 court to the Division Board. Beginning on the date when any
14520	14520	14 organization licensee begins conducting gaming pursuant to an
14521	14521	15 organization gaming license issued under the Illinois Gambling
14522	14522	16 Act, any fine imposed pursuant to this subsection (b) shall
14523	14523	17 not exceed $10,000.
14524	14524	18 (Source: P.A. 101-31, eff. 6-28-19.)
14525	14525	19 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
14526	14526	20 Sec. 26. Wagering.
14527	14527	21 (a) Any licensee may conduct and supervise the pari-mutuel
14528	14528	22 system of wagering, as defined in Section 3.12 of this Act, on
14529	14529	23 horse races conducted by an Illinois organization licensee or
14530	14530	24 conducted at a racetrack located in another state or country
14531	14531	25 in accordance with subsection (g) of Section 26 of this Act.
14532	14532
14533	14533
14534	14534
14535	14535
14536	14536
14537	14537	SB0280 - 407 - LRB103 24970 AMQ 51304 b
14538	14538
14539	14539
14540	14540	SB0280- 408 -LRB103 24970 AMQ 51304 b SB0280 - 408 - LRB103 24970 AMQ 51304 b
14541	14541	SB0280 - 408 - LRB103 24970 AMQ 51304 b
14542	14542	1 Subject to the prior consent of the Division Board, licensees
14543	14543	2 may supplement any pari-mutuel pool in order to guarantee a
14544	14544	3 minimum distribution. Such pari-mutuel method of wagering
14545	14545	4 shall not, under any circumstances if conducted under the
14546	14546	5 provisions of this Act, be held or construed to be unlawful,
14547	14547	6 other statutes of this State to the contrary notwithstanding.
14548	14548	7 Subject to rules for advance wagering promulgated by the
14549	14549	8 Division Board, any licensee may accept wagers in advance of
14550	14550	9 the day the race wagered upon occurs.
14551	14551	10 (b) Except for those gaming activities for which a license
14552	14552	11 is obtained and authorized under the Illinois Lottery Law, the
14553	14553	12 Charitable Games Act, the Raffles and Poker Runs Act, or the
14554	14554	13 Illinois Gambling Act, no other method of betting, pool
14555	14555	14 making, wagering or gambling shall be used or permitted by the
14556	14556	15 licensee. Each licensee may retain, subject to the payment of
14557	14557	16 all applicable taxes and purses, an amount not to exceed 17% of
14558	14558	17 all money wagered under subsection (a) of this Section, except
14559	14559	18 as may otherwise be permitted under this Act.
14560	14560	19 (b-5) An individual may place a wager under the
14561	14561	20 pari-mutuel system from any licensed location authorized under
14562	14562	21 this Act provided that wager is electronically recorded in the
14563	14563	22 manner described in Section 3.12 of this Act. Any wager made
14564	14564	23 electronically by an individual while physically on the
14565	14565	24 premises of a licensee shall be deemed to have been made at the
14566	14566	25 premises of that licensee.
14567	14567	26 (c) (Blank).
14568	14568
14569	14569
14570	14570
14571	14571
14572	14572
14573	14573	SB0280 - 408 - LRB103 24970 AMQ 51304 b
14574	14574
14575	14575
14576	14576	SB0280- 409 -LRB103 24970 AMQ 51304 b SB0280 - 409 - LRB103 24970 AMQ 51304 b
14577	14577	SB0280 - 409 - LRB103 24970 AMQ 51304 b
14578	14578	1 (c-5) The sum held by any licensee for payment of
14579	14579	2 outstanding pari-mutuel tickets, if unclaimed prior to
14580	14580	3 December 31 of the next year, shall be retained by the licensee
14581	14581	4 for payment of such tickets until that date. Within 10 days
14582	14582	5 thereafter, the balance of such sum remaining unclaimed, less
14583	14583	6 any uncashed supplements contributed by such licensee for the
14584	14584	7 purpose of guaranteeing minimum distributions of any
14585	14585	8 pari-mutuel pool, shall be evenly distributed to the purse
14586	14586	9 account of the organization licensee and the organization
14587	14587	10 licensee, except that the balance of the sum of all
14588	14588	11 outstanding pari-mutuel tickets generated from simulcast
14589	14589	12 wagering and inter-track wagering by an organization licensee
14590	14590	13 located in a county with a population in excess of 230,000 and
14591	14591	14 borders the Mississippi River or any licensee that derives its
14592	14592	15 license from that organization licensee shall be evenly
14593	14593	16 distributed to the purse account of the organization licensee
14594	14594	17 and the organization licensee.
14595	14595	18 (d) A pari-mutuel ticket shall be honored until December
14596	14596	19 31 of the next calendar year, and the licensee shall pay the
14597	14597	20 same and may charge the amount thereof against unpaid money
14598	14598	21 similarly accumulated on account of pari-mutuel tickets not
14599	14599	22 presented for payment.
14600	14600	23 (e) No licensee shall knowingly permit any minor, other
14601	14601	24 than an employee of such licensee or an owner, trainer,
14602	14602	25 jockey, driver, or employee thereof, to be admitted during a
14603	14603	26 racing program unless accompanied by a parent or guardian, or
14604	14604
14605	14605
14606	14606
14607	14607
14608	14608
14609	14609	SB0280 - 409 - LRB103 24970 AMQ 51304 b
14610	14610
14611	14611
14612	14612	SB0280- 410 -LRB103 24970 AMQ 51304 b SB0280 - 410 - LRB103 24970 AMQ 51304 b
14613	14613	SB0280 - 410 - LRB103 24970 AMQ 51304 b
14614	14614	1 any minor to be a patron of the pari-mutuel system of wagering
14615	14615	2 conducted or supervised by it. The admission of any
14616	14616	3 unaccompanied minor, other than an employee of the licensee or
14617	14617	4 an owner, trainer, jockey, driver, or employee thereof at a
14618	14618	5 race track is a Class C misdemeanor.
14619	14619	6 (f) Notwithstanding the other provisions of this Act, an
14620	14620	7 organization licensee may contract with an entity in another
14621	14621	8 state or country to permit any legal wagering entity in
14622	14622	9 another state or country to accept wagers solely within such
14623	14623	10 other state or country on races conducted by the organization
14624	14624	11 licensee in this State. Beginning January 1, 2000, these
14625	14625	12 wagers shall not be subject to State taxation. Until January
14626	14626	13 1, 2000, when the out-of-State entity conducts a pari-mutuel
14627	14627	14 pool separate from the organization licensee, a privilege tax
14628	14628	15 equal to 7 1/2% of all monies received by the organization
14629	14629	16 licensee from entities in other states or countries pursuant
14630	14630	17 to such contracts is imposed on the organization licensee, and
14631	14631	18 such privilege tax shall be remitted to the Department of
14632	14632	19 Revenue within 48 hours of receipt of the moneys from the
14633	14633	20 simulcast. When the out-of-State entity conducts a combined
14634	14634	21 pari-mutuel pool with the organization licensee, the tax shall
14635	14635	22 be 10% of all monies received by the organization licensee
14636	14636	23 with 25% of the receipts from this 10% tax to be distributed to
14637	14637	24 the county in which the race was conducted.
14638	14638	25 An organization licensee may permit one or more of its
14639	14639	26 races to be utilized for pari-mutuel wagering at one or more
14640	14640
14641	14641
14642	14642
14643	14643
14644	14644
14645	14645	SB0280 - 410 - LRB103 24970 AMQ 51304 b
14646	14646
14647	14647
14648	14648	SB0280- 411 -LRB103 24970 AMQ 51304 b SB0280 - 411 - LRB103 24970 AMQ 51304 b
14649	14649	SB0280 - 411 - LRB103 24970 AMQ 51304 b
14650	14650	1 locations in other states and may transmit audio and visual
14651	14651	2 signals of races the organization licensee conducts to one or
14652	14652	3 more locations outside the State or country and may also
14653	14653	4 permit pari-mutuel pools in other states or countries to be
14654	14654	5 combined with its gross or net wagering pools or with wagering
14655	14655	6 pools established by other states.
14656	14656	7 (g) A host track may accept interstate simulcast wagers on
14657	14657	8 horse races conducted in other states or countries and shall
14658	14658	9 control the number of signals and types of breeds of racing in
14659	14659	10 its simulcast program, subject to the disapproval of the
14660	14660	11 Division Board. The Division Board may prohibit a simulcast
14661	14661	12 program only if it finds that the simulcast program is clearly
14662	14662	13 adverse to the integrity of racing. The host track simulcast
14663	14663	14 program shall include the signal of live racing of all
14664	14664	15 organization licensees. All non-host licensees and advance
14665	14665	16 deposit wagering licensees shall carry the signal of and
14666	14666	17 accept wagers on live racing of all organization licensees.
14667	14667	18 Advance deposit wagering licensees shall not be permitted to
14668	14668	19 accept out-of-state wagers on any Illinois signal provided
14669	14669	20 pursuant to this Section without the approval and consent of
14670	14670	21 the organization licensee providing the signal. For one year
14671	14671	22 after August 15, 2014 (the effective date of Public Act
14672	14672	23 98-968), non-host licensees may carry the host track simulcast
14673	14673	24 program and shall accept wagers on all races included as part
14674	14674	25 of the simulcast program of horse races conducted at race
14675	14675	26 tracks located within North America upon which wagering is
14676	14676
14677	14677
14678	14678
14679	14679
14680	14680
14681	14681	SB0280 - 411 - LRB103 24970 AMQ 51304 b
14682	14682
14683	14683
14684	14684	SB0280- 412 -LRB103 24970 AMQ 51304 b SB0280 - 412 - LRB103 24970 AMQ 51304 b
14685	14685	SB0280 - 412 - LRB103 24970 AMQ 51304 b
14686	14686	1 permitted. For a period of one year after August 15, 2014 (the
14687	14687	2 effective date of Public Act 98-968), on horse races conducted
14688	14688	3 at race tracks located outside of North America, non-host
14689	14689	4 licensees may accept wagers on all races included as part of
14690	14690	5 the simulcast program upon which wagering is permitted.
14691	14691	6 Beginning August 15, 2015 (one year after the effective date
14692	14692	7 of Public Act 98-968), non-host licensees may carry the host
14693	14693	8 track simulcast program and shall accept wagers on all races
14694	14694	9 included as part of the simulcast program upon which wagering
14695	14695	10 is permitted. All organization licensees shall provide their
14696	14696	11 live signal to all advance deposit wagering licensees for a
14697	14697	12 simulcast commission fee not to exceed 6% of the advance
14698	14698	13 deposit wagering licensee's Illinois handle on the
14699	14699	14 organization licensee's signal without prior approval by the
14700	14700	15 Division Board. The Division Board may adopt rules under which
14701	14701	16 it may permit simulcast commission fees in excess of 6%. The
14702	14702	17 Division Board shall adopt rules limiting the interstate
14703	14703	18 commission fees charged to an advance deposit wagering
14704	14704	19 licensee. The Division Board shall adopt rules regarding
14705	14705	20 advance deposit wagering on interstate simulcast races that
14706	14706	21 shall reflect, among other things, the General Assembly's
14707	14707	22 desire to maximize revenues to the State, horsemen purses, and
14708	14708	23 organization licensees. However, organization licensees
14709	14709	24 providing live signals pursuant to the requirements of this
14710	14710	25 subsection (g) may petition the Division Board to withhold
14711	14711	26 their live signals from an advance deposit wagering licensee
14712	14712
14713	14713
14714	14714
14715	14715
14716	14716
14717	14717	SB0280 - 412 - LRB103 24970 AMQ 51304 b
14718	14718
14719	14719
14720	14720	SB0280- 413 -LRB103 24970 AMQ 51304 b SB0280 - 413 - LRB103 24970 AMQ 51304 b
14721	14721	SB0280 - 413 - LRB103 24970 AMQ 51304 b
14722	14722	1 if the organization licensee discovers and the Division Board
14723	14723	2 finds reputable or credible information that the advance
14724	14724	3 deposit wagering licensee is under investigation by another
14725	14725	4 state or federal governmental agency, the advance deposit
14726	14726	5 wagering licensee's license has been suspended in another
14727	14727	6 state, or the advance deposit wagering licensee's license is
14728	14728	7 in revocation proceedings in another state. The organization
14729	14729	8 licensee's provision of their live signal to an advance
14730	14730	9 deposit wagering licensee under this subsection (g) pertains
14731	14731	10 to wagers placed from within Illinois. Advance deposit
14732	14732	11 wagering licensees may place advance deposit wagering
14733	14733	12 terminals at wagering facilities as a convenience to
14734	14734	13 customers. The advance deposit wagering licensee shall not
14735	14735	14 charge or collect any fee from purses for the placement of the
14736	14736	15 advance deposit wagering terminals. The costs and expenses of
14737	14737	16 the host track and non-host licensees associated with
14738	14738	17 interstate simulcast wagering, other than the interstate
14739	14739	18 commission fee, shall be borne by the host track and all
14740	14740	19 non-host licensees incurring these costs. The interstate
14741	14741	20 commission fee shall not exceed 5% of Illinois handle on the
14742	14742	21 interstate simulcast race or races without prior approval of
14743	14743	22 the Division Board. The Division Board shall promulgate rules
14744	14744	23 under which it may permit interstate commission fees in excess
14745	14745	24 of 5%. The interstate commission fee and other fees charged by
14746	14746	25 the sending racetrack, including, but not limited to,
14747	14747	26 satellite decoder fees, shall be uniformly applied to the host
14748	14748
14749	14749
14750	14750
14751	14751
14752	14752
14753	14753	SB0280 - 413 - LRB103 24970 AMQ 51304 b
14754	14754
14755	14755
14756	14756	SB0280- 414 -LRB103 24970 AMQ 51304 b SB0280 - 414 - LRB103 24970 AMQ 51304 b
14757	14757	SB0280 - 414 - LRB103 24970 AMQ 51304 b
14758	14758	1 track and all non-host licensees.
14759	14759	2 Notwithstanding any other provision of this Act, an
14760	14760	3 organization licensee, with the consent of the horsemen
14761	14761	4 association representing the largest number of owners,
14762	14762	5 trainers, jockeys, or standardbred drivers who race horses at
14763	14763	6 that organization licensee's racing meeting, may maintain a
14764	14764	7 system whereby advance deposit wagering may take place or an
14765	14765	8 organization licensee, with the consent of the horsemen
14766	14766	9 association representing the largest number of owners,
14767	14767	10 trainers, jockeys, or standardbred drivers who race horses at
14768	14768	11 that organization licensee's racing meeting, may contract with
14769	14769	12 another person to carry out a system of advance deposit
14770	14770	13 wagering. Such consent may not be unreasonably withheld. Only
14771	14771	14 with respect to an appeal to the Division Board that consent
14772	14772	15 for an organization licensee that maintains its own advance
14773	14773	16 deposit wagering system is being unreasonably withheld, the
14774	14774	17 Division Board shall issue a final order within 30 days after
14775	14775	18 initiation of the appeal, and the organization licensee's
14776	14776	19 advance deposit wagering system may remain operational during
14777	14777	20 that 30-day period. The actions of any organization licensee
14778	14778	21 who conducts advance deposit wagering or any person who has a
14779	14779	22 contract with an organization licensee to conduct advance
14780	14780	23 deposit wagering who conducts advance deposit wagering on or
14781	14781	24 after January 1, 2013 and prior to June 7, 2013 (the effective
14782	14782	25 date of Public Act 98-18) taken in reliance on the changes made
14783	14783	26 to this subsection (g) by Public Act 98-18 are hereby
14784	14784
14785	14785
14786	14786
14787	14787
14788	14788
14789	14789	SB0280 - 414 - LRB103 24970 AMQ 51304 b
14790	14790
14791	14791
14792	14792	SB0280- 415 -LRB103 24970 AMQ 51304 b SB0280 - 415 - LRB103 24970 AMQ 51304 b
14793	14793	SB0280 - 415 - LRB103 24970 AMQ 51304 b
14794	14794	1 validated, provided payment of all applicable pari-mutuel
14795	14795	2 taxes are remitted to the Division Board. All advance deposit
14796	14796	3 wagers placed from within Illinois must be placed through a
14797	14797	4 Division-approved Board-approved advance deposit wagering
14798	14798	5 licensee; no other entity may accept an advance deposit wager
14799	14799	6 from a person within Illinois. All advance deposit wagering is
14800	14800	7 subject to any rules adopted by the Division Board. The
14801	14801	8 Division Board may adopt rules necessary to regulate advance
14802	14802	9 deposit wagering through the use of emergency rulemaking in
14803	14803	10 accordance with Section 5-45 of the Illinois Administrative
14804	14804	11 Procedure Act. The General Assembly finds that the adoption of
14805	14805	12 rules to regulate advance deposit wagering is deemed an
14806	14806	13 emergency and necessary for the public interest, safety, and
14807	14807	14 welfare. An advance deposit wagering licensee may retain all
14808	14808	15 moneys as agreed to by contract with an organization licensee.
14809	14809	16 Any moneys retained by the organization licensee from advance
14810	14810	17 deposit wagering, not including moneys retained by the advance
14811	14811	18 deposit wagering licensee, shall be paid 50% to the
14812	14812	19 organization licensee's purse account and 50% to the
14813	14813	20 organization licensee. With the exception of any organization
14814	14814	21 licensee that is owned by a publicly traded company that is
14815	14815	22 incorporated in a state other than Illinois and advance
14816	14816	23 deposit wagering licensees under contract with such
14817	14817	24 organization licensees, organization licensees that maintain
14818	14818	25 advance deposit wagering systems and advance deposit wagering
14819	14819	26 licensees that contract with organization licensees shall
14820	14820
14821	14821
14822	14822
14823	14823
14824	14824
14825	14825	SB0280 - 415 - LRB103 24970 AMQ 51304 b
14826	14826
14827	14827
14828	14828	SB0280- 416 -LRB103 24970 AMQ 51304 b SB0280 - 416 - LRB103 24970 AMQ 51304 b
14829	14829	SB0280 - 416 - LRB103 24970 AMQ 51304 b
14830	14830	1 provide sufficiently detailed monthly accountings to the
14831	14831	2 horsemen association representing the largest number of
14832	14832	3 owners, trainers, jockeys, or standardbred drivers who race
14833	14833	4 horses at that organization licensee's racing meeting so that
14834	14834	5 the horsemen association, as an interested party, can confirm
14835	14835	6 the accuracy of the amounts paid to the purse account at the
14836	14836	7 horsemen association's affiliated organization licensee from
14837	14837	8 advance deposit wagering. If more than one breed races at the
14838	14838	9 same race track facility, then the 50% of the moneys to be paid
14839	14839	10 to an organization licensee's purse account shall be allocated
14840	14840	11 among all organization licensees' purse accounts operating at
14841	14841	12 that race track facility proportionately based on the actual
14842	14842	13 number of host days that the Division Board grants to that
14843	14843	14 breed at that race track facility in the current calendar
14844	14844	15 year. To the extent any fees from advance deposit wagering
14845	14845	16 conducted in Illinois for wagers in Illinois or other states
14846	14846	17 have been placed in escrow or otherwise withheld from wagers
14847	14847	18 pending a determination of the legality of advance deposit
14848	14848	19 wagering, no action shall be brought to declare such wagers or
14849	14849	20 the disbursement of any fees previously escrowed illegal.
14850	14850	21 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
14851	14851	22 inter-track wagering licensee other than the host track
14852	14852	23 may supplement the host track simulcast program with
14853	14853	24 additional simulcast races or race programs, provided that
14854	14854	25 between January 1 and the third Friday in February of any
14855	14855	26 year, inclusive, if no live thoroughbred racing is
14856	14856
14857	14857
14858	14858
14859	14859
14860	14860
14861	14861	SB0280 - 416 - LRB103 24970 AMQ 51304 b
14862	14862
14863	14863
14864	14864	SB0280- 417 -LRB103 24970 AMQ 51304 b SB0280 - 417 - LRB103 24970 AMQ 51304 b
14865	14865	SB0280 - 417 - LRB103 24970 AMQ 51304 b
14866	14866	1 occurring in Illinois during this period, only
14867	14867	2 thoroughbred races may be used for supplemental interstate
14868	14868	3 simulcast purposes. The Division Board shall withhold
14869	14869	4 approval for a supplemental interstate simulcast only if
14870	14870	5 it finds that the simulcast is clearly adverse to the
14871	14871	6 integrity of racing. A supplemental interstate simulcast
14872	14872	7 may be transmitted from an inter-track wagering licensee
14873	14873	8 to its affiliated non-host licensees. The interstate
14874	14874	9 commission fee for a supplemental interstate simulcast
14875	14875	10 shall be paid by the non-host licensee and its affiliated
14876	14876	11 non-host licensees receiving the simulcast.
14877	14877	12 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
14878	14878	13 inter-track wagering licensee other than the host track
14879	14879	14 may receive supplemental interstate simulcasts only with
14880	14880	15 the consent of the host track, except when the Division
14881	14881	16 Board finds that the simulcast is clearly adverse to the
14882	14882	17 integrity of racing. Consent granted under this paragraph
14883	14883	18 (2) to any inter-track wagering licensee shall be deemed
14884	14884	19 consent to all non-host licensees. The interstate
14885	14885	20 commission fee for the supplemental interstate simulcast
14886	14886	21 shall be paid by all participating non-host licensees.
14887	14887	22 (3) Each licensee conducting interstate simulcast
14888	14888	23 wagering may retain, subject to the payment of all
14889	14889	24 applicable taxes and the purses, an amount not to exceed
14890	14890	25 17% of all money wagered. If any licensee conducts the
14891	14891	26 pari-mutuel system wagering on races conducted at
14892	14892
14893	14893
14894	14894
14895	14895
14896	14896
14897	14897	SB0280 - 417 - LRB103 24970 AMQ 51304 b
14898	14898
14899	14899
14900	14900	SB0280- 418 -LRB103 24970 AMQ 51304 b SB0280 - 418 - LRB103 24970 AMQ 51304 b
14901	14901	SB0280 - 418 - LRB103 24970 AMQ 51304 b
14902	14902	1 racetracks in another state or country, each such race or
14903	14903	2 race program shall be considered a separate racing day for
14904	14904	3 the purpose of determining the daily handle and computing
14905	14905	4 the privilege tax of that daily handle as provided in
14906	14906	5 subsection (a) of Section 27. Until January 1, 2000, from
14907	14907	6 the sums permitted to be retained pursuant to this
14908	14908	7 subsection, each inter-track wagering location licensee
14909	14909	8 shall pay 1% of the pari-mutuel handle wagered on
14910	14910	9 simulcast wagering to the Horse Racing Tax Allocation
14911	14911	10 Fund, subject to the provisions of subparagraph (B) of
14912	14912	11 paragraph (11) of subsection (h) of Section 26 of this
14913	14913	12 Act.
14914	14914	13 (4) A licensee who receives an interstate simulcast
14915	14915	14 may combine its gross or net pools with pools at the
14916	14916	15 sending racetracks pursuant to rules established by the
14917	14917	16 Division Board. All licensees combining their gross pools
14918	14918	17 at a sending racetrack shall adopt the takeout percentages
14919	14919	18 of the sending racetrack. A licensee may also establish a
14920	14920	19 separate pool and takeout structure for wagering purposes
14921	14921	20 on races conducted at race tracks outside of the State of
14922	14922	21 Illinois. The licensee may permit pari-mutuel wagers
14923	14923	22 placed in other states or countries to be combined with
14924	14924	23 its gross or net wagering pools or other wagering pools.
14925	14925	24 (5) After the payment of the interstate commission fee
14926	14926	25 (except for the interstate commission fee on a
14927	14927	26 supplemental interstate simulcast, which shall be paid by
14928	14928
14929	14929
14930	14930
14931	14931
14932	14932
14933	14933	SB0280 - 418 - LRB103 24970 AMQ 51304 b
14934	14934
14935	14935
14936	14936	SB0280- 419 -LRB103 24970 AMQ 51304 b SB0280 - 419 - LRB103 24970 AMQ 51304 b
14937	14937	SB0280 - 419 - LRB103 24970 AMQ 51304 b
14938	14938	1 the host track and by each non-host licensee through the
14939	14939	2 host track) and all applicable State and local taxes,
14940	14940	3 except as provided in subsection (g) of Section 27 of this
14941	14941	4 Act, the remainder of moneys retained from simulcast
14942	14942	5 wagering pursuant to this subsection (g), and Section 26.2
14943	14943	6 shall be divided as follows:
14944	14944	7 (A) For interstate simulcast wagers made at a host
14945	14945	8 track, 50% to the host track and 50% to purses at the
14946	14946	9 host track.
14947	14947	10 (B) For wagers placed on interstate simulcast
14948	14948	11 races, supplemental simulcasts as defined in
14949	14949	12 subparagraphs (1) and (2), and separately pooled races
14950	14950	13 conducted outside of the State of Illinois made at a
14951	14951	14 non-host licensee, 25% to the host track, 25% to the
14952	14952	15 non-host licensee, and 50% to the purses at the host
14953	14953	16 track.
14954	14954	17 (6) Notwithstanding any provision in this Act to the
14955	14955	18 contrary, non-host licensees who derive their licenses
14956	14956	19 from a track located in a county with a population in
14957	14957	20 excess of 230,000 and that borders the Mississippi River
14958	14958	21 may receive supplemental interstate simulcast races at all
14959	14959	22 times subject to Division Board approval, which shall be
14960	14960	23 withheld only upon a finding that a supplemental
14961	14961	24 interstate simulcast is clearly adverse to the integrity
14962	14962	25 of racing.
14963	14963	26 (7) Effective January 1, 2017, notwithstanding any
14964	14964
14965	14965
14966	14966
14967	14967
14968	14968
14969	14969	SB0280 - 419 - LRB103 24970 AMQ 51304 b
14970	14970
14971	14971
14972	14972	SB0280- 420 -LRB103 24970 AMQ 51304 b SB0280 - 420 - LRB103 24970 AMQ 51304 b
14973	14973	SB0280 - 420 - LRB103 24970 AMQ 51304 b
14974	14974	1 provision of this Act to the contrary, after payment of
14975	14975	2 all applicable State and local taxes and interstate
14976	14976	3 commission fees, non-host licensees who derive their
14977	14977	4 licenses from a track located in a county with a
14978	14978	5 population in excess of 230,000 and that borders the
14979	14979	6 Mississippi River shall retain 50% of the retention from
14980	14980	7 interstate simulcast wagers and shall pay 50% to purses at
14981	14981	8 the track from which the non-host licensee derives its
14982	14982	9 license.
14983	14983	10 (7.1) Notwithstanding any other provision of this Act
14984	14984	11 to the contrary, if no standardbred racing is conducted at
14985	14985	12 a racetrack located in Madison County during any calendar
14986	14986	13 year beginning on or after January 1, 2002, all moneys
14987	14987	14 derived by that racetrack from simulcast wagering and
14988	14988	15 inter-track wagering that (1) are to be used for purses
14989	14989	16 and (2) are generated between the hours of 6:30 p.m. and
14990	14990	17 6:30 a.m. during that calendar year shall be paid as
14991	14991	18 follows:
14992	14992	19 (A) If the licensee that conducts horse racing at
14993	14993	20 that racetrack requests from the Division Board at
14994	14994	21 least as many racing dates as were conducted in
14995	14995	22 calendar year 2000, 80% shall be paid to its
14996	14996	23 thoroughbred purse account; and
14997	14997	24 (B) Twenty percent shall be deposited into the
14998	14998	25 Illinois Colt Stakes Purse Distribution Fund and shall
14999	14999	26 be paid to purses for standardbred races for Illinois
15000	15000
15001	15001
15002	15002
15003	15003
15004	15004
15005	15005	SB0280 - 420 - LRB103 24970 AMQ 51304 b
15006	15006
15007	15007
15008	15008	SB0280- 421 -LRB103 24970 AMQ 51304 b SB0280 - 421 - LRB103 24970 AMQ 51304 b
15009	15009	SB0280 - 421 - LRB103 24970 AMQ 51304 b
15010	15010	1 conceived and foaled horses conducted at any county
15011	15011	2 fairgrounds. The moneys deposited into the Fund
15012	15012	3 pursuant to this subparagraph (B) shall be deposited
15013	15013	4 within 2 weeks after the day they were generated,
15014	15014	5 shall be in addition to and not in lieu of any other
15015	15015	6 moneys paid to standardbred purses under this Act, and
15016	15016	7 shall not be commingled with other moneys paid into
15017	15017	8 that Fund. The moneys deposited pursuant to this
15018	15018	9 subparagraph (B) shall be allocated as provided by the
15019	15019	10 Department of Agriculture, with the advice and
15020	15020	11 assistance of the Illinois Standardbred Breeders Fund
15021	15021	12 Advisory Board.
15022	15022	13 (7.2) Notwithstanding any other provision of this Act
15023	15023	14 to the contrary, if no thoroughbred racing is conducted at
15024	15024	15 a racetrack located in Madison County during any calendar
15025	15025	16 year beginning on or after January 1, 2002, all moneys
15026	15026	17 derived by that racetrack from simulcast wagering and
15027	15027	18 inter-track wagering that (1) are to be used for purses
15028	15028	19 and (2) are generated between the hours of 6:30 a.m. and
15029	15029	20 6:30 p.m. during that calendar year shall be deposited as
15030	15030	21 follows:
15031	15031	22 (A) If the licensee that conducts horse racing at
15032	15032	23 that racetrack requests from the Division Board at
15033	15033	24 least as many racing dates as were conducted in
15034	15034	25 calendar year 2000, 80% shall be deposited into its
15035	15035	26 standardbred purse account; and
15036	15036
15037	15037
15038	15038
15039	15039
15040	15040
15041	15041	SB0280 - 421 - LRB103 24970 AMQ 51304 b
15042	15042
15043	15043
15044	15044	SB0280- 422 -LRB103 24970 AMQ 51304 b SB0280 - 422 - LRB103 24970 AMQ 51304 b
15045	15045	SB0280 - 422 - LRB103 24970 AMQ 51304 b
15046	15046	1 (B) Twenty percent shall be deposited into the
15047	15047	2 Illinois Colt Stakes Purse Distribution Fund. Moneys
15048	15048	3 deposited into the Illinois Colt Stakes Purse
15049	15049	4 Distribution Fund pursuant to this subparagraph (B)
15050	15050	5 shall be paid to Illinois conceived and foaled
15051	15051	6 thoroughbred breeders' programs and to thoroughbred
15052	15052	7 purses for races conducted at any county fairgrounds
15053	15053	8 for Illinois conceived and foaled horses at the
15054	15054	9 discretion of the Department of Agriculture, with the
15055	15055	10 advice and assistance of the Illinois Thoroughbred
15056	15056	11 Breeders Fund Advisory Board. The moneys deposited
15057	15057	12 into the Illinois Colt Stakes Purse Distribution Fund
15058	15058	13 pursuant to this subparagraph (B) shall be deposited
15059	15059	14 within 2 weeks after the day they were generated,
15060	15060	15 shall be in addition to and not in lieu of any other
15061	15061	16 moneys paid to thoroughbred purses under this Act, and
15062	15062	17 shall not be commingled with other moneys deposited
15063	15063	18 into that Fund.
15064	15064	19 (8) Notwithstanding any provision in this Act to the
15065	15065	20 contrary, an organization licensee from a track located in
15066	15066	21 a county with a population in excess of 230,000 and that
15067	15067	22 borders the Mississippi River and its affiliated non-host
15068	15068	23 licensees shall not be entitled to share in any retention
15069	15069	24 generated on racing, inter-track wagering, or simulcast
15070	15070	25 wagering at any other Illinois wagering facility.
15071	15071	26 (8.1) Notwithstanding any provisions in this Act to
15072	15072
15073	15073
15074	15074
15075	15075
15076	15076
15077	15077	SB0280 - 422 - LRB103 24970 AMQ 51304 b
15078	15078
15079	15079
15080	15080	SB0280- 423 -LRB103 24970 AMQ 51304 b SB0280 - 423 - LRB103 24970 AMQ 51304 b
15081	15081	SB0280 - 423 - LRB103 24970 AMQ 51304 b
15082	15082	1 the contrary, if 2 organization licensees are conducting
15083	15083	2 standardbred race meetings concurrently between the hours
15084	15084	3 of 6:30 p.m. and 6:30 a.m., after payment of all
15085	15085	4 applicable State and local taxes and interstate commission
15086	15086	5 fees, the remainder of the amount retained from simulcast
15087	15087	6 wagering otherwise attributable to the host track and to
15088	15088	7 host track purses shall be split daily between the 2
15089	15089	8 organization licensees and the purses at the tracks of the
15090	15090	9 2 organization licensees, respectively, based on each
15091	15091	10 organization licensee's share of the total live handle for
15092	15092	11 that day, provided that this provision shall not apply to
15093	15093	12 any non-host licensee that derives its license from a
15094	15094	13 track located in a county with a population in excess of
15095	15095	14 230,000 and that borders the Mississippi River.
15096	15096	15 (9) (Blank).
15097	15097	16 (10) (Blank).
15098	15098	17 (11) (Blank).
15099	15099	18 (12) The Division Board shall have authority to compel
15100	15100	19 all host tracks to receive the simulcast of any or all
15101	15101	20 races conducted at the Springfield or DuQuoin State
15102	15102	21 fairgrounds and include all such races as part of their
15103	15103	22 simulcast programs.
15104	15104	23 (13) Notwithstanding any other provision of this Act,
15105	15105	24 in the event that the total Illinois pari-mutuel handle on
15106	15106	25 Illinois horse races at all wagering facilities in any
15107	15107	26 calendar year is less than 75% of the total Illinois
15108	15108
15109	15109
15110	15110
15111	15111
15112	15112
15113	15113	SB0280 - 423 - LRB103 24970 AMQ 51304 b
15114	15114
15115	15115
15116	15116	SB0280- 424 -LRB103 24970 AMQ 51304 b SB0280 - 424 - LRB103 24970 AMQ 51304 b
15117	15117	SB0280 - 424 - LRB103 24970 AMQ 51304 b
15118	15118	1 pari-mutuel handle on Illinois horse races at all such
15119	15119	2 wagering facilities for calendar year 1994, then each
15120	15120	3 wagering facility that has an annual total Illinois
15121	15121	4 pari-mutuel handle on Illinois horse races that is less
15122	15122	5 than 75% of the total Illinois pari-mutuel handle on
15123	15123	6 Illinois horse races at such wagering facility for
15124	15124	7 calendar year 1994, shall be permitted to receive, from
15125	15125	8 any amount otherwise payable to the purse account at the
15126	15126	9 race track with which the wagering facility is affiliated
15127	15127	10 in the succeeding calendar year, an amount equal to 2% of
15128	15128	11 the differential in total Illinois pari-mutuel handle on
15129	15129	12 Illinois horse races at the wagering facility between that
15130	15130	13 calendar year in question and 1994 provided, however, that
15131	15131	14 a wagering facility shall not be entitled to any such
15132	15132	15 payment until the Division Board certifies in writing to
15133	15133	16 the wagering facility the amount to which the wagering
15134	15134	17 facility is entitled and a schedule for payment of the
15135	15135	18 amount to the wagering facility, based on: (i) the racing
15136	15136	19 dates awarded to the race track affiliated with the
15137	15137	20 wagering facility during the succeeding year; (ii) the
15138	15138	21 sums available or anticipated to be available in the purse
15139	15139	22 account of the race track affiliated with the wagering
15140	15140	23 facility for purses during the succeeding year; and (iii)
15141	15141	24 the need to ensure reasonable purse levels during the
15142	15142	25 payment period. The Division's Board's certification shall
15143	15143	26 be provided no later than January 31 of the succeeding
15144	15144
15145	15145
15146	15146
15147	15147
15148	15148
15149	15149	SB0280 - 424 - LRB103 24970 AMQ 51304 b
15150	15150
15151	15151
15152	15152	SB0280- 425 -LRB103 24970 AMQ 51304 b SB0280 - 425 - LRB103 24970 AMQ 51304 b
15153	15153	SB0280 - 425 - LRB103 24970 AMQ 51304 b
15154	15154	1 year. In the event a wagering facility entitled to a
15155	15155	2 payment under this paragraph (13) is affiliated with a
15156	15156	3 race track that maintains purse accounts for both
15157	15157	4 standardbred and thoroughbred racing, the amount to be
15158	15158	5 paid to the wagering facility shall be divided between
15159	15159	6 each purse account pro rata, based on the amount of
15160	15160	7 Illinois handle on Illinois standardbred and thoroughbred
15161	15161	8 racing respectively at the wagering facility during the
15162	15162	9 previous calendar year. Annually, the General Assembly
15163	15163	10 shall appropriate sufficient funds from the General
15164	15164	11 Revenue Fund to the Department of Agriculture for payment
15165	15165	12 into the thoroughbred and standardbred horse racing purse
15166	15166	13 accounts at Illinois pari-mutuel tracks. The amount paid
15167	15167	14 to each purse account shall be the amount certified by the
15168	15168	15 Division Illinois Racing Board in January to be
15169	15169	16 transferred from each account to each eligible racing
15170	15170	17 facility in accordance with the provisions of this
15171	15171	18 Section. Beginning in the calendar year in which an
15172	15172	19 organization licensee that is eligible to receive payment
15173	15173	20 under this paragraph (13) begins to receive funds from
15174	15174	21 gaming pursuant to an organization gaming license issued
15175	15175	22 under the Illinois Gambling Act, the amount of the payment
15176	15176	23 due to all wagering facilities licensed under that
15177	15177	24 organization licensee under this paragraph (13) shall be
15178	15178	25 the amount certified by the Division Board in January of
15179	15179	26 that year. An organization licensee and its related
15180	15180
15181	15181
15182	15182
15183	15183
15184	15184
15185	15185	SB0280 - 425 - LRB103 24970 AMQ 51304 b
15186	15186
15187	15187
15188	15188	SB0280- 426 -LRB103 24970 AMQ 51304 b SB0280 - 426 - LRB103 24970 AMQ 51304 b
15189	15189	SB0280 - 426 - LRB103 24970 AMQ 51304 b
15190	15190	1 wagering facilities shall no longer be able to receive
15191	15191	2 payments under this paragraph (13) beginning in the year
15192	15192	3 subsequent to the first year in which the organization
15193	15193	4 licensee begins to receive funds from gaming pursuant to
15194	15194	5 an organization gaming license issued under the Illinois
15195	15195	6 Gambling Act.
15196	15196	7 (h) The Division Board may approve and license the conduct
15197	15197	8 of inter-track wagering and simulcast wagering by inter-track
15198	15198	9 wagering licensees and inter-track wagering location licensees
15199	15199	10 subject to the following terms and conditions:
15200	15200	11 (1) Any person licensed to conduct a race meeting (i)
15201	15201	12 at a track where 60 or more days of racing were conducted
15202	15202	13 during the immediately preceding calendar year or where
15203	15203	14 over the 5 immediately preceding calendar years an average
15204	15204	15 of 30 or more days of racing were conducted annually may be
15205	15205	16 issued an inter-track wagering license; (ii) at a track
15206	15206	17 located in a county that is bounded by the Mississippi
15207	15207	18 River, which has a population of less than 150,000
15208	15208	19 according to the 1990 decennial census, and an average of
15209	15209	20 at least 60 days of racing per year between 1985 and 1993
15210	15210	21 may be issued an inter-track wagering license; (iii) at a
15211	15211	22 track awarded standardbred racing dates; or (iv) at a
15212	15212	23 track located in Madison County that conducted at least
15213	15213	24 100 days of live racing during the immediately preceding
15214	15214	25 calendar year may be issued an inter-track wagering
15215	15215	26 license, unless a lesser schedule of live racing is the
15216	15216
15217	15217
15218	15218
15219	15219
15220	15220
15221	15221	SB0280 - 426 - LRB103 24970 AMQ 51304 b
15222	15222
15223	15223
15224	15224	SB0280- 427 -LRB103 24970 AMQ 51304 b SB0280 - 427 - LRB103 24970 AMQ 51304 b
15225	15225	SB0280 - 427 - LRB103 24970 AMQ 51304 b
15226	15226	1 result of (A) weather, unsafe track conditions, or other
15227	15227	2 acts of God; (B) an agreement between the organization
15228	15228	3 licensee and the associations representing the largest
15229	15229	4 number of owners, trainers, jockeys, or standardbred
15230	15230	5 drivers who race horses at that organization licensee's
15231	15231	6 racing meeting; or (C) a finding by the Division Board of
15232	15232	7 extraordinary circumstances and that it was in the best
15233	15233	8 interest of the public and the sport to conduct fewer than
15234	15234	9 100 days of live racing. Any such person having operating
15235	15235	10 control of the racing facility may receive inter-track
15236	15236	11 wagering location licenses. An eligible race track located
15237	15237	12 in a county that has a population of more than 230,000 and
15238	15238	13 that is bounded by the Mississippi River may establish up
15239	15239	14 to 9 inter-track wagering locations, an eligible race
15240	15240	15 track located in Stickney Township in Cook County may
15241	15241	16 establish up to 16 inter-track wagering locations, and an
15242	15242	17 eligible race track located in Palatine Township in Cook
15243	15243	18 County may establish up to 18 inter-track wagering
15244	15244	19 locations. An eligible racetrack conducting standardbred
15245	15245	20 racing may have up to 16 inter-track wagering locations.
15246	15246	21 An application for said license shall be filed with the
15247	15247	22 Division Board prior to such dates as may be fixed by the
15248	15248	23 Division Board. With an application for an inter-track
15249	15249	24 wagering location license there shall be delivered to the
15250	15250	25 Division Board a certified check or bank draft payable to
15251	15251	26 the order of the Division Board for an amount equal to
15252	15252
15253	15253
15254	15254
15255	15255
15256	15256
15257	15257	SB0280 - 427 - LRB103 24970 AMQ 51304 b
15258	15258
15259	15259
15260	15260	SB0280- 428 -LRB103 24970 AMQ 51304 b SB0280 - 428 - LRB103 24970 AMQ 51304 b
15261	15261	SB0280 - 428 - LRB103 24970 AMQ 51304 b
15262	15262	1 $500. The application shall be on forms prescribed and
15263	15263	2 furnished by the Division Board. The application shall
15264	15264	3 comply with all other rules, regulations and conditions
15265	15265	4 imposed by the Division Board in connection therewith.
15266	15266	5 (2) The Division Board shall examine the applications
15267	15267	6 with respect to their conformity with this Act and the
15268	15268	7 rules and regulations imposed by the Division Board. If
15269	15269	8 found to be in compliance with the Act and rules and
15270	15270	9 regulations of the Division Board, the Division Board may
15271	15271	10 then issue a license to conduct inter-track wagering and
15272	15272	11 simulcast wagering to such applicant. All such
15273	15273	12 applications shall be acted upon by the Board at a meeting
15274	15274	13 to be held on such date as may be fixed by the Division
15275	15275	14 Board.
15276	15276	15 (3) In granting licenses to conduct inter-track
15277	15277	16 wagering and simulcast wagering, the Division Board shall
15278	15278	17 give due consideration to the best interests of the
15279	15279	18 public, of horse racing, and of maximizing revenue to the
15280	15280	19 State.
15281	15281	20 (4) Prior to the issuance of a license to conduct
15282	15282	21 inter-track wagering and simulcast wagering, the applicant
15283	15283	22 shall file with the Division Board a bond payable to the
15284	15284	23 State of Illinois in the sum of $50,000, executed by the
15285	15285	24 applicant and a surety company or companies authorized to
15286	15286	25 do business in this State, and conditioned upon (i) the
15287	15287	26 payment by the licensee of all taxes due under Section 27
15288	15288
15289	15289
15290	15290
15291	15291
15292	15292
15293	15293	SB0280 - 428 - LRB103 24970 AMQ 51304 b
15294	15294
15295	15295
15296	15296	SB0280- 429 -LRB103 24970 AMQ 51304 b SB0280 - 429 - LRB103 24970 AMQ 51304 b
15297	15297	SB0280 - 429 - LRB103 24970 AMQ 51304 b
15298	15298	1 or 27.1 and any other monies due and payable under this
15299	15299	2 Act, and (ii) distribution by the licensee, upon
15300	15300	3 presentation of the winning ticket or tickets, of all sums
15301	15301	4 payable to the patrons of pari-mutuel pools.
15302	15302	5 (5) Each license to conduct inter-track wagering and
15303	15303	6 simulcast wagering shall specify the person to whom it is
15304	15304	7 issued, the dates on which such wagering is permitted, and
15305	15305	8 the track or location where the wagering is to be
15306	15306	9 conducted.
15307	15307	10 (6) All wagering under such license is subject to this
15308	15308	11 Act and to the rules and regulations from time to time
15309	15309	12 prescribed by the Division Board, and every such license
15310	15310	13 issued by the Division Board shall contain a recital to
15311	15311	14 that effect.
15312	15312	15 (7) An inter-track wagering licensee or inter-track
15313	15313	16 wagering location licensee may accept wagers at the track
15314	15314	17 or location where it is licensed, or as otherwise provided
15315	15315	18 under this Act.
15316	15316	19 (8) Inter-track wagering or simulcast wagering shall
15317	15317	20 not be conducted at any track less than 4 miles from a
15318	15318	21 track at which a racing meeting is in progress.
15319	15319	22 (8.1) Inter-track wagering location licensees who
15320	15320	23 derive their licenses from a particular organization
15321	15321	24 licensee shall conduct inter-track wagering and simulcast
15322	15322	25 wagering only at locations that are within 160 miles of
15323	15323	26 that race track where the particular organization licensee
15324	15324
15325	15325
15326	15326
15327	15327
15328	15328
15329	15329	SB0280 - 429 - LRB103 24970 AMQ 51304 b
15330	15330
15331	15331
15332	15332	SB0280- 430 -LRB103 24970 AMQ 51304 b SB0280 - 430 - LRB103 24970 AMQ 51304 b
15333	15333	SB0280 - 430 - LRB103 24970 AMQ 51304 b
15334	15334	1 is licensed to conduct racing. However, inter-track
15335	15335	2 wagering and simulcast wagering shall not be conducted by
15336	15336	3 those licensees at any location within 5 miles of any race
15337	15337	4 track at which a horse race meeting has been licensed in
15338	15338	5 the current year, unless the person having operating
15339	15339	6 control of such race track has given its written consent
15340	15340	7 to such inter-track wagering location licensees, which
15341	15341	8 consent must be filed with the Division Board at or prior
15342	15342	9 to the time application is made. In the case of any
15343	15343	10 inter-track wagering location licensee initially licensed
15344	15344	11 after December 31, 2013, inter-track wagering and
15345	15345	12 simulcast wagering shall not be conducted by those
15346	15346	13 inter-track wagering location licensees that are located
15347	15347	14 outside the City of Chicago at any location within 8 miles
15348	15348	15 of any race track at which a horse race meeting has been
15349	15349	16 licensed in the current year, unless the person having
15350	15350	17 operating control of such race track has given its written
15351	15351	18 consent to such inter-track wagering location licensees,
15352	15352	19 which consent must be filed with the Division Board at or
15353	15353	20 prior to the time application is made.
15354	15354	21 (8.2) Inter-track wagering or simulcast wagering shall
15355	15355	22 not be conducted by an inter-track wagering location
15356	15356	23 licensee at any location within 100 feet of an existing
15357	15357	24 church, an existing elementary or secondary public school,
15358	15358	25 or an existing elementary or secondary private school
15359	15359	26 registered with or recognized by the State Board of
15360	15360
15361	15361
15362	15362
15363	15363
15364	15364
15365	15365	SB0280 - 430 - LRB103 24970 AMQ 51304 b
15366	15366
15367	15367
15368	15368	SB0280- 431 -LRB103 24970 AMQ 51304 b SB0280 - 431 - LRB103 24970 AMQ 51304 b
15369	15369	SB0280 - 431 - LRB103 24970 AMQ 51304 b
15370	15370	1 Education. The distance of 100 feet shall be measured to
15371	15371	2 the nearest part of any building used for worship
15372	15372	3 services, education programs, or conducting inter-track
15373	15373	4 wagering by an inter-track wagering location licensee, and
15374	15374	5 not to property boundaries. However, inter-track wagering
15375	15375	6 or simulcast wagering may be conducted at a site within
15376	15376	7 100 feet of a church or school if such church or school has
15377	15377	8 been erected or established after the Division Board
15378	15378	9 issues the original inter-track wagering location license
15379	15379	10 at the site in question. Inter-track wagering location
15380	15380	11 licensees may conduct inter-track wagering and simulcast
15381	15381	12 wagering only in areas that are zoned for commercial or
15382	15382	13 manufacturing purposes or in areas for which a special use
15383	15383	14 has been approved by the local zoning authority. However,
15384	15384	15 no license to conduct inter-track wagering and simulcast
15385	15385	16 wagering shall be granted by the Division Board with
15386	15386	17 respect to any inter-track wagering location within the
15387	15387	18 jurisdiction of any local zoning authority which has, by
15388	15388	19 ordinance or by resolution, prohibited the establishment
15389	15389	20 of an inter-track wagering location within its
15390	15390	21 jurisdiction. However, inter-track wagering and simulcast
15391	15391	22 wagering may be conducted at a site if such ordinance or
15392	15392	23 resolution is enacted after the Division Board licenses
15393	15393	24 the original inter-track wagering location licensee for
15394	15394	25 the site in question.
15395	15395	26 (9) (Blank).
15396	15396
15397	15397
15398	15398
15399	15399
15400	15400
15401	15401	SB0280 - 431 - LRB103 24970 AMQ 51304 b
15402	15402
15403	15403
15404	15404	SB0280- 432 -LRB103 24970 AMQ 51304 b SB0280 - 432 - LRB103 24970 AMQ 51304 b
15405	15405	SB0280 - 432 - LRB103 24970 AMQ 51304 b
15406	15406	1 (10) An inter-track wagering licensee or an
15407	15407	2 inter-track wagering location licensee may retain, subject
15408	15408	3 to the payment of the privilege taxes and the purses, an
15409	15409	4 amount not to exceed 17% of all money wagered. Each
15410	15410	5 program of racing conducted by each inter-track wagering
15411	15411	6 licensee or inter-track wagering location licensee shall
15412	15412	7 be considered a separate racing day for the purpose of
15413	15413	8 determining the daily handle and computing the privilege
15414	15414	9 tax or pari-mutuel tax on such daily handle as provided in
15415	15415	10 Section 27.
15416	15416	11 (10.1) Except as provided in subsection (g) of Section
15417	15417	12 27 of this Act, inter-track wagering location licensees
15418	15418	13 shall pay 1% of the pari-mutuel handle at each location to
15419	15419	14 the municipality in which such location is situated and 1%
15420	15420	15 of the pari-mutuel handle at each location to the county
15421	15421	16 in which such location is situated. In the event that an
15422	15422	17 inter-track wagering location licensee is situated in an
15423	15423	18 unincorporated area of a county, such licensee shall pay
15424	15424	19 2% of the pari-mutuel handle from such location to such
15425	15425	20 county. Inter-track wagering location licensees must pay
15426	15426	21 the handle percentage required under this paragraph to the
15427	15427	22 municipality and county no later than the 20th of the
15428	15428	23 month following the month such handle was generated.
15429	15429	24 (10.2) Notwithstanding any other provision of this
15430	15430	25 Act, with respect to inter-track wagering at a race track
15431	15431	26 located in a county that has a population of more than
15432	15432
15433	15433
15434	15434
15435	15435
15436	15436
15437	15437	SB0280 - 432 - LRB103 24970 AMQ 51304 b
15438	15438
15439	15439
15440	15440	SB0280- 433 -LRB103 24970 AMQ 51304 b SB0280 - 433 - LRB103 24970 AMQ 51304 b
15441	15441	SB0280 - 433 - LRB103 24970 AMQ 51304 b
15442	15442	1 230,000 and that is bounded by the Mississippi River ("the
15443	15443	2 first race track"), or at a facility operated by an
15444	15444	3 inter-track wagering licensee or inter-track wagering
15445	15445	4 location licensee that derives its license from the
15446	15446	5 organization licensee that operates the first race track,
15447	15447	6 on races conducted at the first race track or on races
15448	15448	7 conducted at another Illinois race track and
15449	15449	8 simultaneously televised to the first race track or to a
15450	15450	9 facility operated by an inter-track wagering licensee or
15451	15451	10 inter-track wagering location licensee that derives its
15452	15452	11 license from the organization licensee that operates the
15453	15453	12 first race track, those moneys shall be allocated as
15454	15454	13 follows:
15455	15455	14 (A) That portion of all moneys wagered on
15456	15456	15 standardbred racing that is required under this Act to
15457	15457	16 be paid to purses shall be paid to purses for
15458	15458	17 standardbred races.
15459	15459	18 (B) That portion of all moneys wagered on
15460	15460	19 thoroughbred racing that is required under this Act to
15461	15461	20 be paid to purses shall be paid to purses for
15462	15462	21 thoroughbred races.
15463	15463	22 (11) (A) After payment of the privilege or pari-mutuel
15464	15464	23 tax, any other applicable taxes, and the costs and
15465	15465	24 expenses in connection with the gathering, transmission,
15466	15466	25 and dissemination of all data necessary to the conduct of
15467	15467	26 inter-track wagering, the remainder of the monies retained
15468	15468
15469	15469
15470	15470
15471	15471
15472	15472
15473	15473	SB0280 - 433 - LRB103 24970 AMQ 51304 b
15474	15474
15475	15475
15476	15476	SB0280- 434 -LRB103 24970 AMQ 51304 b SB0280 - 434 - LRB103 24970 AMQ 51304 b
15477	15477	SB0280 - 434 - LRB103 24970 AMQ 51304 b
15478	15478	1 under either Section 26 or Section 26.2 of this Act by the
15479	15479	2 inter-track wagering licensee on inter-track wagering
15480	15480	3 shall be allocated with 50% to be split between the 2
15481	15481	4 participating licensees and 50% to purses, except that an
15482	15482	5 inter-track wagering licensee that derives its license
15483	15483	6 from a track located in a county with a population in
15484	15484	7 excess of 230,000 and that borders the Mississippi River
15485	15485	8 shall not divide any remaining retention with the Illinois
15486	15486	9 organization licensee that provides the race or races, and
15487	15487	10 an inter-track wagering licensee that accepts wagers on
15488	15488	11 races conducted by an organization licensee that conducts
15489	15489	12 a race meet in a county with a population in excess of
15490	15490	13 230,000 and that borders the Mississippi River shall not
15491	15491	14 divide any remaining retention with that organization
15492	15492	15 licensee.
15493	15493	16 (B) From the sums permitted to be retained pursuant to
15494	15494	17 this Act each inter-track wagering location licensee shall
15495	15495	18 pay (i) the privilege or pari-mutuel tax to the State;
15496	15496	19 (ii) 4.75% of the pari-mutuel handle on inter-track
15497	15497	20 wagering at such location on races as purses, except that
15498	15498	21 an inter-track wagering location licensee that derives its
15499	15499	22 license from a track located in a county with a population
15500	15500	23 in excess of 230,000 and that borders the Mississippi
15501	15501	24 River shall retain all purse moneys for its own purse
15502	15502	25 account consistent with distribution set forth in this
15503	15503	26 subsection (h), and inter-track wagering location
15504	15504
15505	15505
15506	15506
15507	15507
15508	15508
15509	15509	SB0280 - 434 - LRB103 24970 AMQ 51304 b
15510	15510
15511	15511
15512	15512	SB0280- 435 -LRB103 24970 AMQ 51304 b SB0280 - 435 - LRB103 24970 AMQ 51304 b
15513	15513	SB0280 - 435 - LRB103 24970 AMQ 51304 b
15514	15514	1 licensees that accept wagers on races conducted by an
15515	15515	2 organization licensee located in a county with a
15516	15516	3 population in excess of 230,000 and that borders the
15517	15517	4 Mississippi River shall distribute all purse moneys to
15518	15518	5 purses at the operating host track; (iii) until January 1,
15519	15519	6 2000, except as provided in subsection (g) of Section 27
15520	15520	7 of this Act, 1% of the pari-mutuel handle wagered on
15521	15521	8 inter-track wagering and simulcast wagering at each
15522	15522	9 inter-track wagering location licensee facility to the
15523	15523	10 Horse Racing Tax Allocation Fund, provided that, to the
15524	15524	11 extent the total amount collected and distributed to the
15525	15525	12 Horse Racing Tax Allocation Fund under this subsection (h)
15526	15526	13 during any calendar year exceeds the amount collected and
15527	15527	14 distributed to the Horse Racing Tax Allocation Fund during
15528	15528	15 calendar year 1994, that excess amount shall be
15529	15529	16 redistributed (I) to all inter-track wagering location
15530	15530	17 licensees, based on each licensee's pro rata share of the
15531	15531	18 total handle from inter-track wagering and simulcast
15532	15532	19 wagering for all inter-track wagering location licensees
15533	15533	20 during the calendar year in which this provision is
15534	15534	21 applicable; then (II) the amounts redistributed to each
15535	15535	22 inter-track wagering location licensee as described in
15536	15536	23 subpart (I) shall be further redistributed as provided in
15537	15537	24 subparagraph (B) of paragraph (5) of subsection (g) of
15538	15538	25 this Section 26 provided first, that the shares of those
15539	15539	26 amounts, which are to be redistributed to the host track
15540	15540
15541	15541
15542	15542
15543	15543
15544	15544
15545	15545	SB0280 - 435 - LRB103 24970 AMQ 51304 b
15546	15546
15547	15547
15548	15548	SB0280- 436 -LRB103 24970 AMQ 51304 b SB0280 - 436 - LRB103 24970 AMQ 51304 b
15549	15549	SB0280 - 436 - LRB103 24970 AMQ 51304 b
15550	15550	1 or to purses at the host track under subparagraph (B) of
15551	15551	2 paragraph (5) of subsection (g) of this Section 26 shall
15552	15552	3 be redistributed based on each host track's pro rata share
15553	15553	4 of the total inter-track wagering and simulcast wagering
15554	15554	5 handle at all host tracks during the calendar year in
15555	15555	6 question, and second, that any amounts redistributed as
15556	15556	7 described in part (I) to an inter-track wagering location
15557	15557	8 licensee that accepts wagers on races conducted by an
15558	15558	9 organization licensee that conducts a race meet in a
15559	15559	10 county with a population in excess of 230,000 and that
15560	15560	11 borders the Mississippi River shall be further
15561	15561	12 redistributed, effective January 1, 2017, as provided in
15562	15562	13 paragraph (7) of subsection (g) of this Section 26, with
15563	15563	14 the portion of that further redistribution allocated to
15564	15564	15 purses at that organization licensee to be divided between
15565	15565	16 standardbred purses and thoroughbred purses based on the
15566	15566	17 amounts otherwise allocated to purses at that organization
15567	15567	18 licensee during the calendar year in question; and (iv) 8%
15568	15568	19 of the pari-mutuel handle on inter-track wagering wagered
15569	15569	20 at such location to satisfy all costs and expenses of
15570	15570	21 conducting its wagering. The remainder of the monies
15571	15571	22 retained by the inter-track wagering location licensee
15572	15572	23 shall be allocated 40% to the location licensee and 60% to
15573	15573	24 the organization licensee which provides the Illinois
15574	15574	25 races to the location, except that an inter-track wagering
15575	15575	26 location licensee that derives its license from a track
15576	15576
15577	15577
15578	15578
15579	15579
15580	15580
15581	15581	SB0280 - 436 - LRB103 24970 AMQ 51304 b
15582	15582
15583	15583
15584	15584	SB0280- 437 -LRB103 24970 AMQ 51304 b SB0280 - 437 - LRB103 24970 AMQ 51304 b
15585	15585	SB0280 - 437 - LRB103 24970 AMQ 51304 b
15586	15586	1 located in a county with a population in excess of 230,000
15587	15587	2 and that borders the Mississippi River shall not divide
15588	15588	3 any remaining retention with the organization licensee
15589	15589	4 that provides the race or races and an inter-track
15590	15590	5 wagering location licensee that accepts wagers on races
15591	15591	6 conducted by an organization licensee that conducts a race
15592	15592	7 meet in a county with a population in excess of 230,000 and
15593	15593	8 that borders the Mississippi River shall not divide any
15594	15594	9 remaining retention with the organization licensee.
15595	15595	10 Notwithstanding the provisions of clauses (ii) and (iv) of
15596	15596	11 this paragraph, in the case of the additional inter-track
15597	15597	12 wagering location licenses authorized under paragraph (1)
15598	15598	13 of this subsection (h) by Public Act 87-110, those
15599	15599	14 licensees shall pay the following amounts as purses:
15600	15600	15 during the first 12 months the licensee is in operation,
15601	15601	16 5.25% of the pari-mutuel handle wagered at the location on
15602	15602	17 races; during the second 12 months, 5.25%; during the
15603	15603	18 third 12 months, 5.75%; during the fourth 12 months,
15604	15604	19 6.25%; and during the fifth 12 months and thereafter,
15605	15605	20 6.75%. The following amounts shall be retained by the
15606	15606	21 licensee to satisfy all costs and expenses of conducting
15607	15607	22 its wagering: during the first 12 months the licensee is
15608	15608	23 in operation, 8.25% of the pari-mutuel handle wagered at
15609	15609	24 the location; during the second 12 months, 8.25%; during
15610	15610	25 the third 12 months, 7.75%; during the fourth 12 months,
15611	15611	26 7.25%; and during the fifth 12 months and thereafter,
15612	15612
15613	15613
15614	15614
15615	15615
15616	15616
15617	15617	SB0280 - 437 - LRB103 24970 AMQ 51304 b
15618	15618
15619	15619
15620	15620	SB0280- 438 -LRB103 24970 AMQ 51304 b SB0280 - 438 - LRB103 24970 AMQ 51304 b
15621	15621	SB0280 - 438 - LRB103 24970 AMQ 51304 b
15622	15622	1 6.75%. For additional inter-track wagering location
15623	15623	2 licensees authorized under Public Act 89-16, purses for
15624	15624	3 the first 12 months the licensee is in operation shall be
15625	15625	4 5.75% of the pari-mutuel wagered at the location, purses
15626	15626	5 for the second 12 months the licensee is in operation
15627	15627	6 shall be 6.25%, and purses thereafter shall be 6.75%. For
15628	15628	7 additional inter-track location licensees authorized under
15629	15629	8 Public Act 89-16, the licensee shall be allowed to retain
15630	15630	9 to satisfy all costs and expenses: 7.75% of the
15631	15631	10 pari-mutuel handle wagered at the location during its
15632	15632	11 first 12 months of operation, 7.25% during its second 12
15633	15633	12 months of operation, and 6.75% thereafter.
15634	15634	13 (C) There is hereby created the Horse Racing Tax
15635	15635	14 Allocation Fund which shall remain in existence until
15636	15636	15 December 31, 1999. Moneys remaining in the Fund after
15637	15637	16 December 31, 1999 shall be paid into the General Revenue
15638	15638	17 Fund. Until January 1, 2000, all monies paid into the
15639	15639	18 Horse Racing Tax Allocation Fund pursuant to this
15640	15640	19 paragraph (11) by inter-track wagering location licensees
15641	15641	20 located in park districts of 500,000 population or less,
15642	15642	21 or in a municipality that is not included within any park
15643	15643	22 district but is included within a conservation district
15644	15644	23 and is the county seat of a county that (i) is contiguous
15645	15645	24 to the state of Indiana and (ii) has a 1990 population of
15646	15646	25 88,257 according to the United States Bureau of the
15647	15647	26 Census, and operating on May 1, 1994 shall be allocated by
15648	15648
15649	15649
15650	15650
15651	15651
15652	15652
15653	15653	SB0280 - 438 - LRB103 24970 AMQ 51304 b
15654	15654
15655	15655
15656	15656	SB0280- 439 -LRB103 24970 AMQ 51304 b SB0280 - 439 - LRB103 24970 AMQ 51304 b
15657	15657	SB0280 - 439 - LRB103 24970 AMQ 51304 b
15658	15658	1 appropriation as follows:
15659	15659	2 Two-sevenths to the Department of Agriculture.
15660	15660	3 Fifty percent of this two-sevenths shall be used to
15661	15661	4 promote the Illinois horse racing and breeding
15662	15662	5 industry, and shall be distributed by the Department
15663	15663	6 of Agriculture upon the advice of a 9-member committee
15664	15664	7 appointed by the Governor consisting of the following
15665	15665	8 members: the Director of Agriculture, who shall serve
15666	15666	9 as chairman; 2 representatives of organization
15667	15667	10 licensees conducting thoroughbred race meetings in
15668	15668	11 this State, recommended by those licensees; 2
15669	15669	12 representatives of organization licensees conducting
15670	15670	13 standardbred race meetings in this State, recommended
15671	15671	14 by those licensees; a representative of the Illinois
15672	15672	15 Thoroughbred Breeders and Owners Foundation,
15673	15673	16 recommended by that Foundation; a representative of
15674	15674	17 the Illinois Standardbred Owners and Breeders
15675	15675	18 Association, recommended by that Association; a
15676	15676	19 representative of the Horsemen's Benevolent and
15677	15677	20 Protective Association or any successor organization
15678	15678	21 thereto established in Illinois comprised of the
15679	15679	22 largest number of owners and trainers, recommended by
15680	15680	23 that Association or that successor organization; and a
15681	15681	24 representative of the Illinois Harness Horsemen's
15682	15682	25 Association, recommended by that Association.
15683	15683	26 Committee members shall serve for terms of 2 years,
15684	15684
15685	15685
15686	15686
15687	15687
15688	15688
15689	15689	SB0280 - 439 - LRB103 24970 AMQ 51304 b
15690	15690
15691	15691
15692	15692	SB0280- 440 -LRB103 24970 AMQ 51304 b SB0280 - 440 - LRB103 24970 AMQ 51304 b
15693	15693	SB0280 - 440 - LRB103 24970 AMQ 51304 b
15694	15694	1 commencing January 1 of each even-numbered year. If a
15695	15695	2 representative of any of the above-named entities has
15696	15696	3 not been recommended by January 1 of any even-numbered
15697	15697	4 year, the Governor shall appoint a committee member to
15698	15698	5 fill that position. Committee members shall receive no
15699	15699	6 compensation for their services as members but shall
15700	15700	7 be reimbursed for all actual and necessary expenses
15701	15701	8 and disbursements incurred in the performance of their
15702	15702	9 official duties. The remaining 50% of this
15703	15703	10 two-sevenths shall be distributed to county fairs for
15704	15704	11 premiums and rehabilitation as set forth in the
15705	15705	12 Agricultural Fair Act;
15706	15706	13 Four-sevenths to park districts or municipalities
15707	15707	14 that do not have a park district of 500,000 population
15708	15708	15 or less for museum purposes (if an inter-track
15709	15709	16 wagering location licensee is located in such a park
15710	15710	17 district) or to conservation districts for museum
15711	15711	18 purposes (if an inter-track wagering location licensee
15712	15712	19 is located in a municipality that is not included
15713	15713	20 within any park district but is included within a
15714	15714	21 conservation district and is the county seat of a
15715	15715	22 county that (i) is contiguous to the state of Indiana
15716	15716	23 and (ii) has a 1990 population of 88,257 according to
15717	15717	24 the United States Bureau of the Census, except that if
15718	15718	25 the conservation district does not maintain a museum,
15719	15719	26 the monies shall be allocated equally between the
15720	15720
15721	15721
15722	15722
15723	15723
15724	15724
15725	15725	SB0280 - 440 - LRB103 24970 AMQ 51304 b
15726	15726
15727	15727
15728	15728	SB0280- 441 -LRB103 24970 AMQ 51304 b SB0280 - 441 - LRB103 24970 AMQ 51304 b
15729	15729	SB0280 - 441 - LRB103 24970 AMQ 51304 b
15730	15730	1 county and the municipality in which the inter-track
15731	15731	2 wagering location licensee is located for general
15732	15732	3 purposes) or to a municipal recreation board for park
15733	15733	4 purposes (if an inter-track wagering location licensee
15734	15734	5 is located in a municipality that is not included
15735	15735	6 within any park district and park maintenance is the
15736	15736	7 function of the municipal recreation board and the
15737	15737	8 municipality has a 1990 population of 9,302 according
15738	15738	9 to the United States Bureau of the Census); provided
15739	15739	10 that the monies are distributed to each park district
15740	15740	11 or conservation district or municipality that does not
15741	15741	12 have a park district in an amount equal to
15742	15742	13 four-sevenths of the amount collected by each
15743	15743	14 inter-track wagering location licensee within the park
15744	15744	15 district or conservation district or municipality for
15745	15745	16 the Fund. Monies that were paid into the Horse Racing
15746	15746	17 Tax Allocation Fund before August 9, 1991 (the
15747	15747	18 effective date of Public Act 87-110) by an inter-track
15748	15748	19 wagering location licensee located in a municipality
15749	15749	20 that is not included within any park district but is
15750	15750	21 included within a conservation district as provided in
15751	15751	22 this paragraph shall, as soon as practicable after
15752	15752	23 August 9, 1991 (the effective date of Public Act
15753	15753	24 87-110), be allocated and paid to that conservation
15754	15754	25 district as provided in this paragraph. Any park
15755	15755	26 district or municipality not maintaining a museum may
15756	15756
15757	15757
15758	15758
15759	15759
15760	15760
15761	15761	SB0280 - 441 - LRB103 24970 AMQ 51304 b
15762	15762
15763	15763
15764	15764	SB0280- 442 -LRB103 24970 AMQ 51304 b SB0280 - 442 - LRB103 24970 AMQ 51304 b
15765	15765	SB0280 - 442 - LRB103 24970 AMQ 51304 b
15766	15766	1 deposit the monies in the corporate fund of the park
15767	15767	2 district or municipality where the inter-track
15768	15768	3 wagering location is located, to be used for general
15769	15769	4 purposes; and
15770	15770	5 One-seventh to the Agricultural Premium Fund to be
15771	15771	6 used for distribution to agricultural home economics
15772	15772	7 extension councils in accordance with "An Act in
15773	15773	8 relation to additional support and finances for the
15774	15774	9 Agricultural and Home Economic Extension Councils in
15775	15775	10 the several counties of this State and making an
15776	15776	11 appropriation therefor", approved July 24, 1967.
15777	15777	12 Until January 1, 2000, all other monies paid into the
15778	15778	13 Horse Racing Tax Allocation Fund pursuant to this
15779	15779	14 paragraph (11) shall be allocated by appropriation as
15780	15780	15 follows:
15781	15781	16 Two-sevenths to the Department of Agriculture.
15782	15782	17 Fifty percent of this two-sevenths shall be used to
15783	15783	18 promote the Illinois horse racing and breeding
15784	15784	19 industry, and shall be distributed by the Department
15785	15785	20 of Agriculture upon the advice of a 9-member committee
15786	15786	21 appointed by the Governor consisting of the following
15787	15787	22 members: the Director of Agriculture, who shall serve
15788	15788	23 as chairman; 2 representatives of organization
15789	15789	24 licensees conducting thoroughbred race meetings in
15790	15790	25 this State, recommended by those licensees; 2
15791	15791	26 representatives of organization licensees conducting
15792	15792
15793	15793
15794	15794
15795	15795
15796	15796
15797	15797	SB0280 - 442 - LRB103 24970 AMQ 51304 b
15798	15798
15799	15799
15800	15800	SB0280- 443 -LRB103 24970 AMQ 51304 b SB0280 - 443 - LRB103 24970 AMQ 51304 b
15801	15801	SB0280 - 443 - LRB103 24970 AMQ 51304 b
15802	15802	1 standardbred race meetings in this State, recommended
15803	15803	2 by those licensees; a representative of the Illinois
15804	15804	3 Thoroughbred Breeders and Owners Foundation,
15805	15805	4 recommended by that Foundation; a representative of
15806	15806	5 the Illinois Standardbred Owners and Breeders
15807	15807	6 Association, recommended by that Association; a
15808	15808	7 representative of the Horsemen's Benevolent and
15809	15809	8 Protective Association or any successor organization
15810	15810	9 thereto established in Illinois comprised of the
15811	15811	10 largest number of owners and trainers, recommended by
15812	15812	11 that Association or that successor organization; and a
15813	15813	12 representative of the Illinois Harness Horsemen's
15814	15814	13 Association, recommended by that Association.
15815	15815	14 Committee members shall serve for terms of 2 years,
15816	15816	15 commencing January 1 of each even-numbered year. If a
15817	15817	16 representative of any of the above-named entities has
15818	15818	17 not been recommended by January 1 of any even-numbered
15819	15819	18 year, the Governor shall appoint a committee member to
15820	15820	19 fill that position. Committee members shall receive no
15821	15821	20 compensation for their services as members but shall
15822	15822	21 be reimbursed for all actual and necessary expenses
15823	15823	22 and disbursements incurred in the performance of their
15824	15824	23 official duties. The remaining 50% of this
15825	15825	24 two-sevenths shall be distributed to county fairs for
15826	15826	25 premiums and rehabilitation as set forth in the
15827	15827	26 Agricultural Fair Act;
15828	15828
15829	15829
15830	15830
15831	15831
15832	15832
15833	15833	SB0280 - 443 - LRB103 24970 AMQ 51304 b
15834	15834
15835	15835
15836	15836	SB0280- 444 -LRB103 24970 AMQ 51304 b SB0280 - 444 - LRB103 24970 AMQ 51304 b
15837	15837	SB0280 - 444 - LRB103 24970 AMQ 51304 b
15838	15838	1 Four-sevenths to museums and aquariums located in
15839	15839	2 park districts of over 500,000 population; provided
15840	15840	3 that the monies are distributed in accordance with the
15841	15841	4 previous year's distribution of the maintenance tax
15842	15842	5 for such museums and aquariums as provided in Section
15843	15843	6 2 of the Park District Aquarium and Museum Act; and
15844	15844	7 One-seventh to the Agricultural Premium Fund to be
15845	15845	8 used for distribution to agricultural home economics
15846	15846	9 extension councils in accordance with "An Act in
15847	15847	10 relation to additional support and finances for the
15848	15848	11 Agricultural and Home Economic Extension Councils in
15849	15849	12 the several counties of this State and making an
15850	15850	13 appropriation therefor", approved July 24, 1967. This
15851	15851	14 subparagraph (C) shall be inoperative and of no force
15852	15852	15 and effect on and after January 1, 2000.
15853	15853	16 (D) Except as provided in paragraph (11) of this
15854	15854	17 subsection (h), with respect to purse allocation from
15855	15855	18 inter-track wagering, the monies so retained shall be
15856	15856	19 divided as follows:
15857	15857	20 (i) If the inter-track wagering licensee,
15858	15858	21 except an inter-track wagering licensee that
15859	15859	22 derives its license from an organization licensee
15860	15860	23 located in a county with a population in excess of
15861	15861	24 230,000 and bounded by the Mississippi River, is
15862	15862	25 not conducting its own race meeting during the
15863	15863	26 same dates, then the entire purse allocation shall
15864	15864
15865	15865
15866	15866
15867	15867
15868	15868
15869	15869	SB0280 - 444 - LRB103 24970 AMQ 51304 b
15870	15870
15871	15871
15872	15872	SB0280- 445 -LRB103 24970 AMQ 51304 b SB0280 - 445 - LRB103 24970 AMQ 51304 b
15873	15873	SB0280 - 445 - LRB103 24970 AMQ 51304 b
15874	15874	1 be to purses at the track where the races wagered
15875	15875	2 on are being conducted.
15876	15876	3 (ii) If the inter-track wagering licensee,
15877	15877	4 except an inter-track wagering licensee that
15878	15878	5 derives its license from an organization licensee
15879	15879	6 located in a county with a population in excess of
15880	15880	7 230,000 and bounded by the Mississippi River, is
15881	15881	8 also conducting its own race meeting during the
15882	15882	9 same dates, then the purse allocation shall be as
15883	15883	10 follows: 50% to purses at the track where the
15884	15884	11 races wagered on are being conducted; 50% to
15885	15885	12 purses at the track where the inter-track wagering
15886	15886	13 licensee is accepting such wagers.
15887	15887	14 (iii) If the inter-track wagering is being
15888	15888	15 conducted by an inter-track wagering location
15889	15889	16 licensee, except an inter-track wagering location
15890	15890	17 licensee that derives its license from an
15891	15891	18 organization licensee located in a county with a
15892	15892	19 population in excess of 230,000 and bounded by the
15893	15893	20 Mississippi River, the entire purse allocation for
15894	15894	21 Illinois races shall be to purses at the track
15895	15895	22 where the race meeting being wagered on is being
15896	15896	23 held.
15897	15897	24 (12) The Division Board shall have all powers
15898	15898	25 necessary and proper to fully supervise and control the
15899	15899	26 conduct of inter-track wagering and simulcast wagering by
15900	15900
15901	15901
15902	15902
15903	15903
15904	15904
15905	15905	SB0280 - 445 - LRB103 24970 AMQ 51304 b
15906	15906
15907	15907
15908	15908	SB0280- 446 -LRB103 24970 AMQ 51304 b SB0280 - 446 - LRB103 24970 AMQ 51304 b
15909	15909	SB0280 - 446 - LRB103 24970 AMQ 51304 b
15910	15910	1 inter-track wagering licensees and inter-track wagering
15911	15911	2 location licensees, including, but not limited to, the
15912	15912	3 following:
15913	15913	4 (A) The Division Board is vested with power to
15914	15914	5 promulgate reasonable rules and regulations for the
15915	15915	6 purpose of administering the conduct of this wagering
15916	15916	7 and to prescribe reasonable rules, regulations and
15917	15917	8 conditions under which such wagering shall be held and
15918	15918	9 conducted. Such rules and regulations are to provide
15919	15919	10 for the prevention of practices detrimental to the
15920	15920	11 public interest and for the best interests of said
15921	15921	12 wagering and to impose penalties for violations
15922	15922	13 thereof.
15923	15923	14 (B) The Division Board, and any person or persons
15924	15924	15 to whom it delegates this power, is vested with the
15925	15925	16 power to enter the facilities of any licensee to
15926	15926	17 determine whether there has been compliance with the
15927	15927	18 provisions of this Act and the rules and regulations
15928	15928	19 relating to the conduct of such wagering.
15929	15929	20 (C) The Division Board, and any person or persons
15930	15930	21 to whom it delegates this power, may eject or exclude
15931	15931	22 from any licensee's facilities, any person whose
15932	15932	23 conduct or reputation is such that his presence on
15933	15933	24 such premises may, in the opinion of the Division
15934	15934	25 Board, call into the question the honesty and
15935	15935	26 integrity of, or interfere with the orderly conduct of
15936	15936
15937	15937
15938	15938
15939	15939
15940	15940
15941	15941	SB0280 - 446 - LRB103 24970 AMQ 51304 b
15942	15942
15943	15943
15944	15944	SB0280- 447 -LRB103 24970 AMQ 51304 b SB0280 - 447 - LRB103 24970 AMQ 51304 b
15945	15945	SB0280 - 447 - LRB103 24970 AMQ 51304 b
15946	15946	1 such wagering; provided, however, that no person shall
15947	15947	2 be excluded or ejected from such premises solely on
15948	15948	3 the grounds of race, color, creed, national origin,
15949	15949	4 ancestry, or sex.
15950	15950	5 (D) (Blank).
15951	15951	6 (E) The Division Board is vested with the power to
15952	15952	7 appoint delegates to execute any of the powers granted
15953	15953	8 to it under this Section for the purpose of
15954	15954	9 administering this wagering and any rules and
15955	15955	10 regulations promulgated in accordance with this Act.
15956	15956	11 (F) The Division Board shall name and appoint a
15957	15957	12 State director of this wagering who shall be a
15958	15958	13 representative of the Division Board and whose duty it
15959	15959	14 shall be to supervise the conduct of inter-track
15960	15960	15 wagering as may be provided for by the rules and
15961	15961	16 regulations of the Division Board; such rules and
15962	15962	17 regulation shall specify the method of appointment and
15963	15963	18 the Director's powers, authority and duties.
15964	15964	19 (G) The Division Board is vested with the power to
15965	15965	20 impose civil penalties of up to $5,000 against
15966	15966	21 individuals and up to $10,000 against licensees for
15967	15967	22 each violation of any provision of this Act relating
15968	15968	23 to the conduct of this wagering, any rules adopted by
15969	15969	24 the Division Board, any order of the Division Board or
15970	15970	25 any other action which in the Division's Board's
15971	15971	26 discretion, is a detriment or impediment to such
15972	15972
15973	15973
15974	15974
15975	15975
15976	15976
15977	15977	SB0280 - 447 - LRB103 24970 AMQ 51304 b
15978	15978
15979	15979
15980	15980	SB0280- 448 -LRB103 24970 AMQ 51304 b SB0280 - 448 - LRB103 24970 AMQ 51304 b
15981	15981	SB0280 - 448 - LRB103 24970 AMQ 51304 b
15982	15982	1 wagering.
15983	15983	2 (13) The Department of Agriculture may enter into
15984	15984	3 agreements with licensees authorizing such licensees to
15985	15985	4 conduct inter-track wagering on races to be held at the
15986	15986	5 licensed race meetings conducted by the Department of
15987	15987	6 Agriculture. Such agreement shall specify the races of the
15988	15988	7 Department of Agriculture's licensed race meeting upon
15989	15989	8 which the licensees will conduct wagering. In the event
15990	15990	9 that a licensee conducts inter-track pari-mutuel wagering
15991	15991	10 on races from the Illinois State Fair or DuQuoin State
15992	15992	11 Fair which are in addition to the licensee's previously
15993	15993	12 approved racing program, those races shall be considered a
15994	15994	13 separate racing day for the purpose of determining the
15995	15995	14 daily handle and computing the privilege or pari-mutuel
15996	15996	15 tax on that daily handle as provided in Sections 27 and
15997	15997	16 27.1. Such agreements shall be approved by the Division
15998	15998	17 Board before such wagering may be conducted. In
15999	15999	18 determining whether to grant approval, the Division Board
16000	16000	19 shall give due consideration to the best interests of the
16001	16001	20 public and of horse racing. The provisions of paragraphs
16002	16002	21 (1), (8), (8.1), and (8.2) of subsection (h) of this
16003	16003	22 Section which are not specified in this paragraph (13)
16004	16004	23 shall not apply to licensed race meetings conducted by the
16005	16005	24 Department of Agriculture at the Illinois State Fair in
16006	16006	25 Sangamon County or the DuQuoin State Fair in Perry County,
16007	16007	26 or to any wagering conducted on those race meetings.
16008	16008
16009	16009
16010	16010
16011	16011
16012	16012
16013	16013	SB0280 - 448 - LRB103 24970 AMQ 51304 b
16014	16014
16015	16015
16016	16016	SB0280- 449 -LRB103 24970 AMQ 51304 b SB0280 - 449 - LRB103 24970 AMQ 51304 b
16017	16017	SB0280 - 449 - LRB103 24970 AMQ 51304 b
16018	16018	1 (14) An inter-track wagering location license
16019	16019	2 authorized by the Board in 2016 that is owned and operated
16020	16020	3 by a race track in Rock Island County shall be transferred
16021	16021	4 to a commonly owned race track in Cook County on August 12,
16022	16022	5 2016 (the effective date of Public Act 99-757). The
16023	16023	6 licensee shall retain its status in relation to purse
16024	16024	7 distribution under paragraph (11) of this subsection (h)
16025	16025	8 following the transfer to the new entity. The pari-mutuel
16026	16026	9 tax credit under Section 32.1 shall not be applied toward
16027	16027	10 any pari-mutuel tax obligation of the inter-track wagering
16028	16028	11 location licensee of the license that is transferred under
16029	16029	12 this paragraph (14).
16030	16030	13 (i) Notwithstanding the other provisions of this Act, the
16031	16031	14 conduct of wagering at wagering facilities is authorized on
16032	16032	15 all days, except as limited by subsection (b) of Section 19 of
16033	16033	16 this Act.
16034	16034	17 (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
16035	16035	18 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
16036	16036	19 8-20-21; 102-813, eff. 5-13-22.)
16037	16037	20 (230 ILCS 5/26.9)
16038	16038	21 Sec. 26.9. Beginning on February 1, 2014, in addition to
16039	16039	22 the surcharge imposed in Sections 26.3, 26.4, 26.5, 26.7, and
16040	16040	23 26.8 of this Act, each licensee shall impose a surcharge of
16041	16041	24 0.2% on winning wagers and winnings from wagers. The surcharge
16042	16042	25 shall be deducted from winnings prior to payout. All amounts
16043	16043
16044	16044
16045	16045
16046	16046
16047	16047
16048	16048	SB0280 - 449 - LRB103 24970 AMQ 51304 b
16049	16049
16050	16050
16051	16051	SB0280- 450 -LRB103 24970 AMQ 51304 b SB0280 - 450 - LRB103 24970 AMQ 51304 b
16052	16052	SB0280 - 450 - LRB103 24970 AMQ 51304 b
16053	16053	1 collected from the surcharges imposed under this Section shall
16054	16054	2 be remitted to the Division Board. From amounts collected
16055	16055	3 under this Section, the Division Board shall deposit an amount
16056	16056	4 not to exceed $100,000 annually into the Quarter Horse Purse
16057	16057	5 Fund and all remaining amounts into the Horse Racing Fund.
16058	16058	6 (Source: P.A. 100-627, eff. 7-20-18; 101-31, eff. 6-28-19.)
16059	16059	7 (230 ILCS 5/27) (from Ch. 8, par. 37-27)
16060	16060	8 Sec. 27. (a) In addition to the organization license fee
16061	16061	9 provided by this Act, until January 1, 2000, a graduated
16062	16062	10 privilege tax is hereby imposed for conducting the pari-mutuel
16063	16063	11 system of wagering permitted under this Act. Until January 1,
16064	16064	12 2000, except as provided in subsection (g) of Section 27 of
16065	16065	13 this Act, all of the breakage of each racing day held by any
16066	16066	14 licensee in the State shall be paid to the State. Until January
16067	16067	15 1, 2000, such daily graduated privilege tax shall be paid by
16068	16068	16 the licensee from the amount permitted to be retained under
16069	16069	17 this Act. Until January 1, 2000, each day's graduated
16070	16070	18 privilege tax, breakage, and Horse Racing Tax Allocation funds
16071	16071	19 shall be remitted to the Department of Revenue within 48 hours
16072	16072	20 after the close of the racing day upon which it is assessed or
16073	16073	21 within such other time as the Division Board prescribes. The
16074	16074	22 privilege tax hereby imposed, until January 1, 2000, shall be
16075	16075	23 a flat tax at the rate of 2% of the daily pari-mutuel handle
16076	16076	24 except as provided in Section 27.1.
16077	16077	25 In addition, every organization licensee, except as
16078	16078
16079	16079
16080	16080
16081	16081
16082	16082
16083	16083	SB0280 - 450 - LRB103 24970 AMQ 51304 b
16084	16084
16085	16085
16086	16086	SB0280- 451 -LRB103 24970 AMQ 51304 b SB0280 - 451 - LRB103 24970 AMQ 51304 b
16087	16087	SB0280 - 451 - LRB103 24970 AMQ 51304 b
16088	16088	1 provided in Section 27.1 of this Act, which conducts multiple
16089	16089	2 wagering shall pay, until January 1, 2000, as a privilege tax
16090	16090	3 on multiple wagers an amount equal to 1.25% of all moneys
16091	16091	4 wagered each day on such multiple wagers, plus an additional
16092	16092	5 amount equal to 3.5% of the amount wagered each day on any
16093	16093	6 other multiple wager which involves a single betting interest
16094	16094	7 on 3 or more horses. The licensee shall remit the amount of
16095	16095	8 such taxes to the Department of Revenue within 48 hours after
16096	16096	9 the close of the racing day on which it is assessed or within
16097	16097	10 such other time as the Division Board prescribes.
16098	16098	11 This subsection (a) shall be inoperative and of no force
16099	16099	12 and effect on and after January 1, 2000.
16100	16100	13 (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
16101	16101	14 at the rate of 1.5% of the daily pari-mutuel handle is imposed
16102	16102	15 at all pari-mutuel wagering facilities and on advance deposit
16103	16103	16 wagering from a location other than a wagering facility,
16104	16104	17 except as otherwise provided for in this subsection (a-5). In
16105	16105	18 addition to the pari-mutuel tax imposed on advance deposit
16106	16106	19 wagering pursuant to this subsection (a-5), beginning on
16107	16107	20 August 24, 2012 (the effective date of Public Act 97-1060), an
16108	16108	21 additional pari-mutuel tax at the rate of 0.25% shall be
16109	16109	22 imposed on advance deposit wagering. Until August 25, 2012,
16110	16110	23 the additional 0.25% pari-mutuel tax imposed on advance
16111	16111	24 deposit wagering by Public Act 96-972 shall be deposited into
16112	16112	25 the Quarter Horse Purse Fund, which shall be created as a
16113	16113	26 non-appropriated trust fund administered by the Division Board
16114	16114
16115	16115
16116	16116
16117	16117
16118	16118
16119	16119	SB0280 - 451 - LRB103 24970 AMQ 51304 b
16120	16120
16121	16121
16122	16122	SB0280- 452 -LRB103 24970 AMQ 51304 b SB0280 - 452 - LRB103 24970 AMQ 51304 b
16123	16123	SB0280 - 452 - LRB103 24970 AMQ 51304 b
16124	16124	1 for grants to thoroughbred organization licensees for payment
16125	16125	2 of purses for quarter horse races conducted by the
16126	16126	3 organization licensee. Beginning on August 26, 2012, the
16127	16127	4 additional 0.25% pari-mutuel tax imposed on advance deposit
16128	16128	5 wagering shall be deposited into the Standardbred Purse Fund,
16129	16129	6 which shall be created as a non-appropriated trust fund
16130	16130	7 administered by the Division Board, for grants to the
16131	16131	8 standardbred organization licensees for payment of purses for
16132	16132	9 standardbred horse races conducted by the organization
16133	16133	10 licensee. Thoroughbred organization licensees may petition the
16134	16134	11 Board to conduct quarter horse racing and receive purse grants
16135	16135	12 from the Quarter Horse Purse Fund. The Division Board shall
16136	16136	13 have complete discretion in distributing the Quarter Horse
16137	16137	14 Purse Fund to the petitioning organization licensees.
16138	16138	15 Beginning on July 26, 2010 (the effective date of Public Act
16139	16139	16 96-1287), a pari-mutuel tax at the rate of 0.75% of the daily
16140	16140	17 pari-mutuel handle is imposed at a pari-mutuel facility whose
16141	16141	18 license is derived from a track located in a county that
16142	16142	19 borders the Mississippi River and conducted live racing in the
16143	16143	20 previous year. The pari-mutuel tax imposed by this subsection
16144	16144	21 (a-5) shall be remitted to the Department of Revenue within 48
16145	16145	22 hours after the close of the racing day upon which it is
16146	16146	23 assessed or within such other time as the Division Board
16147	16147	24 prescribes.
16148	16148	25 (a-10) Beginning on the date when an organization licensee
16149	16149	26 begins conducting gaming pursuant to an organization gaming
16150	16150
16151	16151
16152	16152
16153	16153
16154	16154
16155	16155	SB0280 - 452 - LRB103 24970 AMQ 51304 b
16156	16156
16157	16157
16158	16158	SB0280- 453 -LRB103 24970 AMQ 51304 b SB0280 - 453 - LRB103 24970 AMQ 51304 b
16159	16159	SB0280 - 453 - LRB103 24970 AMQ 51304 b
16160	16160	1 license, the following pari-mutuel tax is imposed upon an
16161	16161	2 organization licensee on Illinois races at the licensee's
16162	16162	3 racetrack:
16163	16163	4 1.5% of the pari-mutuel handle at or below the average
16164	16164	5 daily pari-mutuel handle for 2011.
16165	16165	6 2% of the pari-mutuel handle above the average daily
16166	16166	7 pari-mutuel handle for 2011 up to 125% of the average
16167	16167	8 daily pari-mutuel handle for 2011.
16168	16168	9 2.5% of the pari-mutuel handle 125% or more above the
16169	16169	10 average daily pari-mutuel handle for 2011 up to 150% of
16170	16170	11 the average daily pari-mutuel handle for 2011.
16171	16171	12 3% of the pari-mutuel handle 150% or more above the
16172	16172	13 average daily pari-mutuel handle for 2011 up to 175% of
16173	16173	14 the average daily pari-mutuel handle for 2011.
16174	16174	15 3.5% of the pari-mutuel handle 175% or more above the
16175	16175	16 average daily pari-mutuel handle for 2011.
16176	16176	17 The pari-mutuel tax imposed by this subsection (a-10)
16177	16177	18 shall be remitted to the Division Board within 48 hours after
16178	16178	19 the close of the racing day upon which it is assessed or within
16179	16179	20 such other time as the Division Board prescribes.
16180	16180	21 (b) On or before December 31, 1999, in the event that any
16181	16181	22 organization licensee conducts 2 separate programs of races on
16182	16182	23 any day, each such program shall be considered a separate
16183	16183	24 racing day for purposes of determining the daily handle and
16184	16184	25 computing the privilege tax on such daily handle as provided
16185	16185	26 in subsection (a) of this Section.
16186	16186
16187	16187
16188	16188
16189	16189
16190	16190
16191	16191	SB0280 - 453 - LRB103 24970 AMQ 51304 b
16192	16192
16193	16193
16194	16194	SB0280- 454 -LRB103 24970 AMQ 51304 b SB0280 - 454 - LRB103 24970 AMQ 51304 b
16195	16195	SB0280 - 454 - LRB103 24970 AMQ 51304 b
16196	16196	1 (c) Licensees shall at all times keep accurate books and
16197	16197	2 records of all monies wagered on each day of a race meeting and
16198	16198	3 of the taxes paid to the Department of Revenue under the
16199	16199	4 provisions of this Section. The Division Board or its duly
16200	16200	5 authorized representative or representatives shall at all
16201	16201	6 reasonable times have access to such records for the purpose
16202	16202	7 of examining and checking the same and ascertaining whether
16203	16203	8 the proper amount of taxes is being paid as provided. The
16204	16204	9 Division Board shall require verified reports and a statement
16205	16205	10 of the total of all monies wagered daily at each wagering
16206	16206	11 facility upon which the taxes are assessed and may prescribe
16207	16207	12 forms upon which such reports and statement shall be made.
16208	16208	13 (d) Before a license is issued or re-issued, the licensee
16209	16209	14 shall post a bond in the sum of $500,000 to the State of
16210	16210	15 Illinois. The bond shall be used to guarantee that the
16211	16211	16 licensee faithfully makes the payments, keeps the books and
16212	16212	17 records, makes reports, and conducts games of chance in
16213	16213	18 conformity with this Act and the rules adopted by the Division
16214	16214	19 Board. The bond shall not be canceled by a surety on less than
16215	16215	20 30 days' notice in writing to the Division Board. If a bond is
16216	16216	21 canceled and the licensee fails to file a new bond with the
16217	16217	22 Division Board in the required amount on or before the
16218	16218	23 effective date of cancellation, the licensee's license shall
16219	16219	24 be revoked. The total and aggregate liability of the surety on
16220	16220	25 the bond is limited to the amount specified in the bond.
16221	16221	26 (e) No other license fee, privilege tax, excise tax, or
16222	16222
16223	16223
16224	16224
16225	16225
16226	16226
16227	16227	SB0280 - 454 - LRB103 24970 AMQ 51304 b
16228	16228
16229	16229
16230	16230	SB0280- 455 -LRB103 24970 AMQ 51304 b SB0280 - 455 - LRB103 24970 AMQ 51304 b
16231	16231	SB0280 - 455 - LRB103 24970 AMQ 51304 b
16232	16232	1 racing fee, except as provided in this Act, shall be assessed
16233	16233	2 or collected from any such licensee by the State.
16234	16234	3 (f) No other license fee, privilege tax, excise tax or
16235	16235	4 racing fee shall be assessed or collected from any such
16236	16236	5 licensee by units of local government except as provided in
16237	16237	6 paragraph 10.1 of subsection (h) and subsection (f) of Section
16238	16238	7 26 of this Act. However, any municipality that has a
16239	16239	8 Division-licensed Board licensed horse race meeting at a race
16240	16240	9 track wholly within its corporate boundaries or a township
16241	16241	10 that has a Division-licensed Board licensed horse race meeting
16242	16242	11 at a race track wholly within the unincorporated area of the
16243	16243	12 township may charge a local amusement tax not to exceed 10 per
16244	16244	13 admission to such horse race meeting by the enactment of an
16245	16245	14 ordinance. However, any municipality or county that has a
16246	16246	15 Division-licensed Board licensed inter-track wagering location
16247	16247	16 facility wholly within its corporate boundaries may each
16248	16248	17 impose an admission fee not to exceed $1.00 per admission to
16249	16249	18 such inter-track wagering location facility, so that a total
16250	16250	19 of not more than $2.00 per admission may be imposed. Except as
16251	16251	20 provided in subparagraph (g) of Section 27 of this Act, the
16252	16252	21 inter-track wagering location licensee shall collect any and
16253	16253	22 all such fees. Inter-track wagering location licensees must
16254	16254	23 pay the admission fees required under this subsection (f) to
16255	16255	24 the municipality and county no later than the 20th of the month
16256	16256	25 following the month such admission fees were imposed.
16257	16257	26 (g) Notwithstanding any provision in this Act to the
16258	16258
16259	16259
16260	16260
16261	16261
16262	16262
16263	16263	SB0280 - 455 - LRB103 24970 AMQ 51304 b
16264	16264
16265	16265
16266	16266	SB0280- 456 -LRB103 24970 AMQ 51304 b SB0280 - 456 - LRB103 24970 AMQ 51304 b
16267	16267	SB0280 - 456 - LRB103 24970 AMQ 51304 b
16268	16268	1 contrary, if in any calendar year the total taxes and fees from
16269	16269	2 wagering on live racing and from inter-track wagering required
16270	16270	3 to be collected from licensees and distributed under this Act
16271	16271	4 to all State and local governmental authorities exceeds the
16272	16272	5 amount of such taxes and fees distributed to each State and
16273	16273	6 local governmental authority to which each State and local
16274	16274	7 governmental authority was entitled under this Act for
16275	16275	8 calendar year 1994, then the first $11 million of that excess
16276	16276	9 amount shall be allocated at the earliest possible date for
16277	16277	10 distribution as purse money for the succeeding calendar year.
16278	16278	11 Upon reaching the 1994 level, and until the excess amount of
16279	16279	12 taxes and fees exceeds $11 million, the Division Board shall
16280	16280	13 direct all licensees to cease paying the subject taxes and
16281	16281	14 fees and the Division Board shall direct all licensees to
16282	16282	15 allocate any such excess amount for purses as follows:
16283	16283	16 (i) the excess amount shall be initially divided
16284	16284	17 between thoroughbred and standardbred purses based on the
16285	16285	18 thoroughbred's and standardbred's respective percentages
16286	16286	19 of total Illinois live wagering in calendar year 1994;
16287	16287	20 (ii) each thoroughbred and standardbred organization
16288	16288	21 licensee issued an organization licensee in that
16289	16289	22 succeeding allocation year shall be allocated an amount
16290	16290	23 equal to the product of its percentage of total Illinois
16291	16291	24 live thoroughbred or standardbred wagering in calendar
16292	16292	25 year 1994 (the total to be determined based on the sum of
16293	16293	26 1994 on-track wagering for all organization licensees
16294	16294
16295	16295
16296	16296
16297	16297
16298	16298
16299	16299	SB0280 - 456 - LRB103 24970 AMQ 51304 b
16300	16300
16301	16301
16302	16302	SB0280- 457 -LRB103 24970 AMQ 51304 b SB0280 - 457 - LRB103 24970 AMQ 51304 b
16303	16303	SB0280 - 457 - LRB103 24970 AMQ 51304 b
16304	16304	1 issued organization licenses in both the allocation year
16305	16305	2 and the preceding year) multiplied by the total amount
16306	16306	3 allocated for standardbred or thoroughbred purses,
16307	16307	4 provided that the first $1,500,000 of the amount allocated
16308	16308	5 to standardbred purses under item (i) shall be allocated
16309	16309	6 to the Department of Agriculture to be expended with the
16310	16310	7 assistance and advice of the Illinois Standardbred
16311	16311	8 Breeders Funds Advisory Board for the purposes listed in
16312	16312	9 subsection (g) of Section 31 of this Act, before the
16313	16313	10 amount allocated to standardbred purses under item (i) is
16314	16314	11 allocated to standardbred organization licensees in the
16315	16315	12 succeeding allocation year.
16316	16316	13 To the extent the excess amount of taxes and fees to be
16317	16317	14 collected and distributed to State and local governmental
16318	16318	15 authorities exceeds $11 million, that excess amount shall be
16319	16319	16 collected and distributed to State and local authorities as
16320	16320	17 provided for under this Act.
16321	16321	18 (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
16322	16322	19 102-558, eff. 8-20-21.)
16323	16323	20 (230 ILCS 5/27.2)
16324	16324	21 Sec. 27.2. Withholding of delinquent child support.
16325	16325	22 (a) From winnings required to be reported to the Internal
16326	16326	23 Revenue Service and subject to withholding on Form W-2G,
16327	16327	24 organization licensees and advance deposit wagering licensees
16328	16328	25 licensed under this Act shall withhold up to the full amount of
16329	16329
16330	16330
16331	16331
16332	16332
16333	16333
16334	16334	SB0280 - 457 - LRB103 24970 AMQ 51304 b
16335	16335
16336	16336
16337	16337	SB0280- 458 -LRB103 24970 AMQ 51304 b SB0280 - 458 - LRB103 24970 AMQ 51304 b
16338	16338	SB0280 - 458 - LRB103 24970 AMQ 51304 b
16339	16339	1 winnings necessary to pay the winner's past due child support
16340	16340	2 amount as certified by the Department of Healthcare and Family
16341	16341	3 Services under Section 10-17.15 of the Illinois Public Aid
16342	16342	4 Code. Amounts withheld shall be paid to the Department of
16343	16343	5 Healthcare and Family Services by the organization licensee or
16344	16344	6 the advance deposit wagering licensee, as applicable.
16345	16345	7 (b) For withholding of winnings, the organization licensee
16346	16346	8 or advance deposit wagering licensee shall be entitled to an
16347	16347	9 administrative fee not to exceed the lesser of 4% of the total
16348	16348	10 amount of cash winnings paid to the gambling winner or $150.
16349	16349	11 (c) In no event may the total amount withheld from the cash
16350	16350	12 payout, including the administrative fee, exceed the total
16351	16351	13 cash winnings claimed by the obligor. If the cash payout
16352	16352	14 claimed is greater than the amount sufficient to satisfy the
16353	16353	15 obligor's delinquent child support payments, the organization
16354	16354	16 licensee or advance deposit wagering licensee shall pay the
16355	16355	17 obligor the remaining balance of the payout, less the
16356	16356	18 administrative fee authorized by subsection (b) of this
16357	16357	19 Section, at the time it is claimed.
16358	16358	20 (d) An organization licensee or an advance deposit
16359	16359	21 wagering licensee that in good faith complies with the
16360	16360	22 requirements of this Section shall not be liable to the gaming
16361	16361	23 winner or any other individual or entity.
16362	16362	24 (e) For an organization licensee under this Act, an agent
16363	16363	25 of the Division Board (such as an employee of the Division
16364	16364	26 Board) shall be responsible for notifying the person
16365	16365
16366	16366
16367	16367
16368	16368
16369	16369
16370	16370	SB0280 - 458 - LRB103 24970 AMQ 51304 b
16371	16371
16372	16372
16373	16373	SB0280- 459 -LRB103 24970 AMQ 51304 b SB0280 - 459 - LRB103 24970 AMQ 51304 b
16374	16374	SB0280 - 459 - LRB103 24970 AMQ 51304 b
16375	16375	1 identified as being delinquent in child support payments that
16376	16376	2 the organization licensee is required by law to withhold all
16377	16377	3 or a portion of his or her winnings. This notification must be
16378	16378	4 provided at the time the winnings are withheld.
16379	16379	5 (f) The provisions of this Section shall be operative on
16380	16380	6 and after the date that rules are adopted by the Department of
16381	16381	7 Healthcare and Family Services pursuant to Section 10-17.15 of
16382	16382	8 the Illinois Public Aid Code.
16383	16383	9 (g) The delinquent child support required to be withheld
16384	16384	10 under this Section and the administrative fee under subsection
16385	16385	11 (b) of this Section have priority over any secured or
16386	16386	12 unsecured claim on cash winnings, except claims for federal or
16387	16387	13 State taxes that are required to be withheld under federal or
16388	16388	14 State law.
16389	16389	15 (Source: P.A. 98-318, eff. 8-12-13.)
16390	16390	16 (230 ILCS 5/28) (from Ch. 8, par. 37-28)
16391	16391	17 Sec. 28. Except as provided in subsection (g) of Section
16392	16392	18 27 of this Act, moneys collected shall be distributed
16393	16393	19 according to the provisions of this Section 28.
16394	16394	20 (a) Thirty per cent of the total of all monies received by
16395	16395	21 the State as privilege taxes shall be paid into the
16396	16396	22 Metropolitan Exposition, Auditorium and Office Building Fund
16397	16397	23 in the State treasury until such Fund is repealed, and
16398	16398	24 thereafter shall be paid into the General Revenue Fund in the
16399	16399	25 State treasury.
16400	16400
16401	16401
16402	16402
16403	16403
16404	16404
16405	16405	SB0280 - 459 - LRB103 24970 AMQ 51304 b
16406	16406
16407	16407
16408	16408	SB0280- 460 -LRB103 24970 AMQ 51304 b SB0280 - 460 - LRB103 24970 AMQ 51304 b
16409	16409	SB0280 - 460 - LRB103 24970 AMQ 51304 b
16410	16410	1 (b) In addition, 4.5% of the total of all monies received
16411	16411	2 by the State as privilege taxes shall be paid into the State
16412	16412	3 treasury into the Metropolitan Exposition, Auditorium and
16413	16413	4 Office Building Fund until such Fund is repealed, and
16414	16414	5 thereafter shall be paid into the General Revenue Fund in the
16415	16415	6 State treasury.
16416	16416	7 (c) Fifty per cent of the total of all monies received by
16417	16417	8 the State as privilege taxes under the provisions of this Act
16418	16418	9 shall be paid into the Agricultural Premium Fund.
16419	16419	10 (d) Seven per cent of the total of all monies received by
16420	16420	11 the State as privilege taxes shall be paid into the Fair and
16421	16421	12 Exposition Fund in the State treasury; provided, however, that
16422	16422	13 when all bonds issued prior to July 1, 1984 by the Metropolitan
16423	16423	14 Fair and Exposition Authority shall have been paid or payment
16424	16424	15 shall have been provided for upon a refunding of those bonds,
16425	16425	16 thereafter 1/12 of $1,665,662 of such monies shall be paid
16426	16426	17 each month into the Build Illinois Fund, and the remainder
16427	16427	18 into the Fair and Exposition Fund. All excess monies shall be
16428	16428	19 allocated to the Department of Agriculture for distribution to
16429	16429	20 county fairs for premiums and rehabilitation as set forth in
16430	16430	21 the Agricultural Fair Act.
16431	16431	22 (e) The monies provided for in Section 30 shall be paid
16432	16432	23 into the Illinois Thoroughbred Breeders Fund.
16433	16433	24 (f) The monies provided for in Section 31 shall be paid
16434	16434	25 into the Illinois Standardbred Breeders Fund.
16435	16435	26 (g) Until January 1, 2000, that part representing 1/2 of
16436	16436
16437	16437
16438	16438
16439	16439
16440	16440
16441	16441	SB0280 - 460 - LRB103 24970 AMQ 51304 b
16442	16442
16443	16443
16444	16444	SB0280- 461 -LRB103 24970 AMQ 51304 b SB0280 - 461 - LRB103 24970 AMQ 51304 b
16445	16445	SB0280 - 461 - LRB103 24970 AMQ 51304 b
16446	16446	1 the total breakage in Thoroughbred, Harness, Appaloosa,
16447	16447	2 Arabian, and Quarter Horse racing in the State shall be paid
16448	16448	3 into the Illinois Race Track Improvement Fund as established
16449	16449	4 in Section 32.
16450	16450	5 (h) All other monies received by the Division Board under
16451	16451	6 this Act shall be paid into the Horse Racing Fund.
16452	16452	7 (i) The salaries of the Division Board members, secretary,
16453	16453	8 stewards, directors of mutuels, veterinarians,
16454	16454	9 representatives, accountants, clerks, stenographers,
16455	16455	10 inspectors and other employees of the Division Board, and all
16456	16456	11 expenses of the Division Board incident to the administration
16457	16457	12 of this Act, including, but not limited to, all expenses and
16458	16458	13 salaries incident to the taking of saliva and urine samples in
16459	16459	14 accordance with the rules and regulations of the Division
16460	16460	15 Board shall be paid out of the Agricultural Premium Fund.
16461	16461	16 (j) The Agricultural Premium Fund shall also be used:
16462	16462	17 (1) for the expenses of operating the Illinois State
16463	16463	18 Fair and the DuQuoin State Fair, including the payment of
16464	16464	19 prize money or premiums;
16465	16465	20 (2) for the distribution to county fairs, vocational
16466	16466	21 agriculture section fairs, agricultural societies, and
16467	16467	22 agricultural extension clubs in accordance with the
16468	16468	23 Agricultural Fair Act, as amended;
16469	16469	24 (3) for payment of prize monies and premiums awarded
16470	16470	25 and for expenses incurred in connection with the
16471	16471	26 International Livestock Exposition and the Mid-Continent
16472	16472
16473	16473
16474	16474
16475	16475
16476	16476
16477	16477	SB0280 - 461 - LRB103 24970 AMQ 51304 b
16478	16478
16479	16479
16480	16480	SB0280- 462 -LRB103 24970 AMQ 51304 b SB0280 - 462 - LRB103 24970 AMQ 51304 b
16481	16481	SB0280 - 462 - LRB103 24970 AMQ 51304 b
16482	16482	1 Livestock Exposition held in Illinois, which premiums, and
16483	16483	2 awards must be approved, and paid by the Illinois
16484	16484	3 Department of Agriculture;
16485	16485	4 (4) for personal service of county agricultural
16486	16486	5 advisors and county home advisors;
16487	16487	6 (5) for distribution to agricultural home economic
16488	16488	7 extension councils in accordance with "An Act in relation
16489	16489	8 to additional support and finance for the Agricultural and
16490	16490	9 Home Economic Extension Councils in the several counties
16491	16491	10 in this State and making an appropriation therefor",
16492	16492	11 approved July 24, 1967, as amended;
16493	16493	12 (6) for research on equine disease, including a
16494	16494	13 development center therefor;
16495	16495	14 (7) for training scholarships for study on equine
16496	16496	15 diseases to students at the University of Illinois College
16497	16497	16 of Veterinary Medicine;
16498	16498	17 (8) for the rehabilitation, repair and maintenance of
16499	16499	18 the Illinois and DuQuoin State Fair Grounds and the
16500	16500	19 structures and facilities thereon and the construction of
16501	16501	20 permanent improvements on such Fair Grounds, including
16502	16502	21 such structures, facilities and property located on such
16503	16503	22 State Fair Grounds which are under the custody and control
16504	16504	23 of the Department of Agriculture;
16505	16505	24 (9) (blank);
16506	16506	25 (10) for the expenses of the Department of Commerce
16507	16507	26 and Economic Opportunity under Sections 605-620, 605-625,
16508	16508
16509	16509
16510	16510
16511	16511
16512	16512
16513	16513	SB0280 - 462 - LRB103 24970 AMQ 51304 b
16514	16514
16515	16515
16516	16516	SB0280- 463 -LRB103 24970 AMQ 51304 b SB0280 - 463 - LRB103 24970 AMQ 51304 b
16517	16517	SB0280 - 463 - LRB103 24970 AMQ 51304 b
16518	16518	1 and 605-630 of the Department of Commerce and Economic
16519	16519	2 Opportunity Law;
16520	16520	3 (11) for remodeling, expanding, and reconstructing
16521	16521	4 facilities destroyed by fire of any Fair and Exposition
16522	16522	5 Authority in counties with a population of 1,000,000 or
16523	16523	6 more inhabitants;
16524	16524	7 (12) for the purpose of assisting in the care and
16525	16525	8 general rehabilitation of veterans with disabilities of
16526	16526	9 any war and their surviving spouses and orphans;
16527	16527	10 (13) for expenses of the Illinois State Police for
16528	16528	11 duties performed under this Act;
16529	16529	12 (14) for the Department of Agriculture for soil
16530	16530	13 surveys and soil and water conservation purposes;
16531	16531	14 (15) for the Department of Agriculture for grants to
16532	16532	15 the City of Chicago for conducting the Chicagofest;
16533	16533	16 (16) for the State Comptroller for grants and
16534	16534	17 operating expenses authorized by the Illinois Global
16535	16535	18 Partnership Act.
16536	16536	19 (k) To the extent that monies paid by the Division Board to
16537	16537	20 the Agricultural Premium Fund are in the opinion of the
16538	16538	21 Governor in excess of the amount necessary for the purposes
16539	16539	22 herein stated, the Governor shall notify the Comptroller and
16540	16540	23 the State Treasurer of such fact, who, upon receipt of such
16541	16541	24 notification, shall transfer such excess monies from the
16542	16542	25 Agricultural Premium Fund to the General Revenue Fund.
16543	16543	26 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
16544	16544
16545	16545
16546	16546
16547	16547
16548	16548
16549	16549	SB0280 - 463 - LRB103 24970 AMQ 51304 b
16550	16550
16551	16551
16552	16552	SB0280- 464 -LRB103 24970 AMQ 51304 b SB0280 - 464 - LRB103 24970 AMQ 51304 b
16553	16553	SB0280 - 464 - LRB103 24970 AMQ 51304 b
16554	16554	1 102-813, eff. 5-13-22.)
16555	16555	2 (230 ILCS 5/28.1)
16556	16556	3 Sec. 28.1. Payments.
16557	16557	4 (a) Beginning on January 1, 2000, moneys collected by the
16558	16558	5 Department of Revenue and the Division Racing Board pursuant
16559	16559	6 to Section 26 or Section 27 of this Act shall be deposited into
16560	16560	7 the Horse Racing Fund, which is hereby created as a special
16561	16561	8 fund in the State Treasury.
16562	16562	9 (b) Appropriations, as approved by the General Assembly,
16563	16563	10 may be made from the Horse Racing Fund to the Division Board to
16564	16564	11 pay the salaries of the Division Board members, secretary,
16565	16565	12 stewards, directors of mutuels, veterinarians,
16566	16566	13 representatives, accountants, clerks, stenographers,
16567	16567	14 inspectors and other employees of the Division Board, and all
16568	16568	15 expenses of the Board incident to the administration of this
16569	16569	16 Act, including, but not limited to, all expenses and salaries
16570	16570	17 incident to the taking of saliva and urine samples in
16571	16571	18 accordance with the rules and regulations of the Division
16572	16572	19 Board.
16573	16573	20 (c) (Blank).
16574	16574	21 (d) Beginning January 1, 2000, payments to all programs in
16575	16575	22 existence on the effective date of this amendatory Act of 1999
16576	16576	23 that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
16577	16577	24 and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
16578	16578	25 of Section 30, and subsections (a), (b), (c), (d), (e), (f),
16579	16579
16580	16580
16581	16581
16582	16582
16583	16583
16584	16584	SB0280 - 464 - LRB103 24970 AMQ 51304 b
16585	16585
16586	16586
16587	16587	SB0280- 465 -LRB103 24970 AMQ 51304 b SB0280 - 465 - LRB103 24970 AMQ 51304 b
16588	16588	SB0280 - 465 - LRB103 24970 AMQ 51304 b
16589	16589	1 (g), and (h) of Section 31 shall be made from the General
16590	16590	2 Revenue Fund at the funding levels determined by amounts paid
16591	16591	3 under this Act in calendar year 1998. Beginning on the
16592	16592	4 effective date of this amendatory Act of the 93rd General
16593	16593	5 Assembly, payments to the Peoria Park District shall be made
16594	16594	6 from the General Revenue Fund at the funding level determined
16595	16595	7 by amounts paid to that park district for museum purposes
16596	16596	8 under this Act in calendar year 1994.
16597	16597	9 If an inter-track wagering location licensee's facility
16598	16598	10 changes its location, then the payments associated with that
16599	16599	11 facility under this subsection (d) for museum purposes shall
16600	16600	12 be paid to the park district in the area where the facility
16601	16601	13 relocates, and the payments shall be used for museum purposes.
16602	16602	14 If the facility does not relocate to a park district, then the
16603	16603	15 payments shall be paid to the taxing district that is
16604	16604	16 responsible for park or museum expenditures.
16605	16605	17 (e) Beginning July 1, 2006, the payment authorized under
16606	16606	18 subsection (d) to museums and aquariums located in park
16607	16607	19 districts of over 500,000 population shall be paid to museums,
16608	16608	20 aquariums, and zoos in amounts determined by Museums in the
16609	16609	21 Park, an association of museums, aquariums, and zoos located
16610	16610	22 on Chicago Park District property.
16611	16611	23 (f) Beginning July 1, 2007, the Children's Discovery
16612	16612	24 Museum in Normal, Illinois shall receive payments from the
16613	16613	25 General Revenue Fund at the funding level determined by the
16614	16614	26 amounts paid to the Miller Park Zoo in Bloomington, Illinois
16615	16615
16616	16616
16617	16617
16618	16618
16619	16619
16620	16620	SB0280 - 465 - LRB103 24970 AMQ 51304 b
16621	16621
16622	16622
16623	16623	SB0280- 466 -LRB103 24970 AMQ 51304 b SB0280 - 466 - LRB103 24970 AMQ 51304 b
16624	16624	SB0280 - 466 - LRB103 24970 AMQ 51304 b
16625	16625	1 under this Section in calendar year 2006.
16626	16626	2 (g) On August 31, 2021, after subtracting all lapse period
16627	16627	3 spending from the June 30 balance of the prior fiscal year, the
16628	16628	4 Comptroller shall transfer to the Horse Racing Purse Equity
16629	16629	5 Fund 50% of the balance within the Horse Racing Fund.
16630	16630	6 (Source: P.A. 102-16, eff. 6-17-21.)
16631	16631	7 (230 ILCS 5/30) (from Ch. 8, par. 37-30)
16632	16632	8 Sec. 30. (a) The General Assembly declares that it is the
16633	16633	9 policy of this State to encourage the breeding of thoroughbred
16634	16634	10 horses in this State and the ownership of such horses by
16635	16635	11 residents of this State in order to provide for: sufficient
16636	16636	12 numbers of high quality thoroughbred horses to participate in
16637	16637	13 thoroughbred racing meetings in this State, and to establish
16638	16638	14 and preserve the agricultural and commercial benefits of such
16639	16639	15 breeding and racing industries to the State of Illinois. It is
16640	16640	16 the intent of the General Assembly to further this policy by
16641	16641	17 the provisions of this Act.
16642	16642	18 (b) Each organization licensee conducting a thoroughbred
16643	16643	19 racing meeting pursuant to this Act shall provide at least two
16644	16644	20 races each day limited to Illinois conceived and foaled horses
16645	16645	21 or Illinois foaled horses or both. A minimum of 6 races shall
16646	16646	22 be conducted each week limited to Illinois conceived and
16647	16647	23 foaled or Illinois foaled horses or both. No horses shall be
16648	16648	24 permitted to start in such races unless duly registered under
16649	16649	25 the rules of the Department of Agriculture.
16650	16650
16651	16651
16652	16652
16653	16653
16654	16654
16655	16655	SB0280 - 466 - LRB103 24970 AMQ 51304 b
16656	16656
16657	16657
16658	16658	SB0280- 467 -LRB103 24970 AMQ 51304 b SB0280 - 467 - LRB103 24970 AMQ 51304 b
16659	16659	SB0280 - 467 - LRB103 24970 AMQ 51304 b
16660	16660	1 (c) Conditions of races under subsection (b) shall be
16661	16661	2 commensurate with past performance, quality, and class of
16662	16662	3 Illinois conceived and foaled and Illinois foaled horses
16663	16663	4 available. If, however, sufficient competition cannot be had
16664	16664	5 among horses of that class on any day, the races may, with
16665	16665	6 consent of the Division Board, be eliminated for that day and
16666	16666	7 substitute races provided.
16667	16667	8 (d) There is hereby created a special fund of the State
16668	16668	9 Treasury to be known as the Illinois Thoroughbred Breeders
16669	16669	10 Fund.
16670	16670	11 Beginning on the effective date of this amendatory Act of
16671	16671	12 the 101st General Assembly, the Illinois Thoroughbred Breeders
16672	16672	13 Fund shall become a non-appropriated trust fund held separate
16673	16673	14 from State moneys. Expenditures from this Fund shall no longer
16674	16674	15 be subject to appropriation.
16675	16675	16 Except as provided in subsection (g) of Section 27 of this
16676	16676	17 Act, 8.5% of all the monies received by the State as privilege
16677	16677	18 taxes on Thoroughbred racing meetings shall be paid into the
16678	16678	19 Illinois Thoroughbred Breeders Fund.
16679	16679	20 Notwithstanding any provision of law to the contrary,
16680	16680	21 amounts deposited into the Illinois Thoroughbred Breeders Fund
16681	16681	22 from revenues generated by gaming pursuant to an organization
16682	16682	23 gaming license issued under the Illinois Gambling Act after
16683	16683	24 the effective date of this amendatory Act of the 101st General
16684	16684	25 Assembly shall be in addition to tax and fee amounts paid under
16685	16685	26 this Section for calendar year 2019 and thereafter.
16686	16686
16687	16687
16688	16688
16689	16689
16690	16690
16691	16691	SB0280 - 467 - LRB103 24970 AMQ 51304 b
16692	16692
16693	16693
16694	16694	SB0280- 468 -LRB103 24970 AMQ 51304 b SB0280 - 468 - LRB103 24970 AMQ 51304 b
16695	16695	SB0280 - 468 - LRB103 24970 AMQ 51304 b
16696	16696	1 (e) The Illinois Thoroughbred Breeders Fund shall be
16697	16697	2 administered by the Department of Agriculture with the advice
16698	16698	3 and assistance of the Advisory Board created in subsection (f)
16699	16699	4 of this Section.
16700	16700	5 (f) The Illinois Thoroughbred Breeders Fund Advisory Board
16701	16701	6 shall consist of the Director of the Department of
16702	16702	7 Agriculture, who shall serve as Chairman; the Director or his
16703	16703	8 or her designee a member of the Illinois Racing Board,
16704	16704	9 designated by it; 2 representatives of the organization
16705	16705	10 licensees conducting thoroughbred racing meetings, recommended
16706	16706	11 by them; 2 representatives of the Illinois Thoroughbred
16707	16707	12 Breeders and Owners Foundation, recommended by it; one
16708	16708	13 representative of the Horsemen's Benevolent Protective
16709	16709	14 Association; and one representative from the Illinois
16710	16710	15 Thoroughbred Horsemen's Association. Advisory Board members
16711	16711	16 shall serve for 2 years commencing January 1 of each odd
16712	16712	17 numbered year. If representatives of the organization
16713	16713	18 licensees conducting thoroughbred racing meetings, the
16714	16714	19 Illinois Thoroughbred Breeders and Owners Foundation, the
16715	16715	20 Horsemen's Benevolent Protection Association, and the Illinois
16716	16716	21 Thoroughbred Horsemen's Association have not been recommended
16717	16717	22 by January 1, of each odd numbered year, the Director of the
16718	16718	23 Department of Agriculture shall make an appointment for the
16719	16719	24 organization failing to so recommend a member of the Advisory
16720	16720	25 Board. Advisory Board members shall receive no compensation
16721	16721	26 for their services as members but shall be reimbursed for all
16722	16722
16723	16723
16724	16724
16725	16725
16726	16726
16727	16727	SB0280 - 468 - LRB103 24970 AMQ 51304 b
16728	16728
16729	16729
16730	16730	SB0280- 469 -LRB103 24970 AMQ 51304 b SB0280 - 469 - LRB103 24970 AMQ 51304 b
16731	16731	SB0280 - 469 - LRB103 24970 AMQ 51304 b
16732	16732	1 actual and necessary expenses and disbursements incurred in
16733	16733	2 the execution of their official duties.
16734	16734	3 (g) Monies expended from the Illinois Thoroughbred
16735	16735	4 Breeders Fund shall be expended by the Department of
16736	16736	5 Agriculture, with the advice and assistance of the Illinois
16737	16737	6 Thoroughbred Breeders Fund Advisory Board, for the following
16738	16738	7 purposes only:
16739	16739	8 (1) To provide purse supplements to owners of horses
16740	16740	9 participating in races limited to Illinois conceived and
16741	16741	10 foaled and Illinois foaled horses. Any such purse
16742	16742	11 supplements shall not be included in and shall be paid in
16743	16743	12 addition to any purses, stakes, or breeders' awards
16744	16744	13 offered by each organization licensee as determined by
16745	16745	14 agreement between such organization licensee and an
16746	16746	15 organization representing the horsemen. No monies from the
16747	16747	16 Illinois Thoroughbred Breeders Fund shall be used to
16748	16748	17 provide purse supplements for claiming races in which the
16749	16749	18 minimum claiming price is less than $7,500.
16750	16750	19 (2) To provide stakes and awards to be paid to the
16751	16751	20 owners of the winning horses in certain races limited to
16752	16752	21 Illinois conceived and foaled and Illinois foaled horses
16753	16753	22 designated as stakes races.
16754	16754	23 (2.5) To provide an award to the owner or owners of an
16755	16755	24 Illinois conceived and foaled or Illinois foaled horse
16756	16756	25 that wins a maiden special weight, an allowance, overnight
16757	16757	26 handicap race, or claiming race with claiming price of
16758	16758
16759	16759
16760	16760
16761	16761
16762	16762
16763	16763	SB0280 - 469 - LRB103 24970 AMQ 51304 b
16764	16764
16765	16765
16766	16766	SB0280- 470 -LRB103 24970 AMQ 51304 b SB0280 - 470 - LRB103 24970 AMQ 51304 b
16767	16767	SB0280 - 470 - LRB103 24970 AMQ 51304 b
16768	16768	1 $10,000 or more providing the race is not restricted to
16769	16769	2 Illinois conceived and foaled or Illinois foaled horses.
16770	16770	3 Awards shall also be provided to the owner or owners of
16771	16771	4 Illinois conceived and foaled and Illinois foaled horses
16772	16772	5 that place second or third in those races. To the extent
16773	16773	6 that additional moneys are required to pay the minimum
16774	16774	7 additional awards of 40% of the purse the horse earns for
16775	16775	8 placing first, second or third in those races for Illinois
16776	16776	9 foaled horses and of 60% of the purse the horse earns for
16777	16777	10 placing first, second or third in those races for Illinois
16778	16778	11 conceived and foaled horses, those moneys shall be
16779	16779	12 provided from the purse account at the track where earned.
16780	16780	13 (3) To provide stallion awards to the owner or owners
16781	16781	14 of any stallion that is duly registered with the Illinois
16782	16782	15 Thoroughbred Breeders Fund Program whose duly registered
16783	16783	16 Illinois conceived and foaled offspring wins a race
16784	16784	17 conducted at an Illinois thoroughbred racing meeting other
16785	16785	18 than a claiming race, provided that the stallion stood
16786	16786	19 service within Illinois at the time the offspring was
16787	16787	20 conceived and that the stallion did not stand for service
16788	16788	21 outside of Illinois at any time during the year in which
16789	16789	22 the offspring was conceived.
16790	16790	23 (4) To provide $75,000 annually for purses to be
16791	16791	24 distributed to county fairs that provide for the running
16792	16792	25 of races during each county fair exclusively for the
16793	16793	26 thoroughbreds conceived and foaled in Illinois. The
16794	16794
16795	16795
16796	16796
16797	16797
16798	16798
16799	16799	SB0280 - 470 - LRB103 24970 AMQ 51304 b
16800	16800
16801	16801
16802	16802	SB0280- 471 -LRB103 24970 AMQ 51304 b SB0280 - 471 - LRB103 24970 AMQ 51304 b
16803	16803	SB0280 - 471 - LRB103 24970 AMQ 51304 b
16804	16804	1 conditions of the races shall be developed by the county
16805	16805	2 fair association and reviewed by the Department with the
16806	16806	3 advice and assistance of the Illinois Thoroughbred
16807	16807	4 Breeders Fund Advisory Board. There shall be no wagering
16808	16808	5 of any kind on the running of Illinois conceived and
16809	16809	6 foaled races at county fairs.
16810	16810	7 (4.1) To provide purse money for an Illinois stallion
16811	16811	8 stakes program.
16812	16812	9 (5) No less than 90% of all monies expended from the
16813	16813	10 Illinois Thoroughbred Breeders Fund shall be expended for
16814	16814	11 the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5)
16815	16815	12 as shown above.
16816	16816	13 (6) To provide for educational programs regarding the
16817	16817	14 thoroughbred breeding industry.
16818	16818	15 (7) To provide for research programs concerning the
16819	16819	16 health, development and care of the thoroughbred horse.
16820	16820	17 (8) To provide for a scholarship and training program
16821	16821	18 for students of equine veterinary medicine.
16822	16822	19 (9) To provide for dissemination of public information
16823	16823	20 designed to promote the breeding of thoroughbred horses in
16824	16824	21 Illinois.
16825	16825	22 (10) To provide for all expenses incurred in the
16826	16826	23 administration of the Illinois Thoroughbred Breeders Fund.
16827	16827	24 (h) The Illinois Thoroughbred Breeders Fund is not subject
16828	16828	25 to administrative charges or chargebacks, including, but not
16829	16829	26 limited to, those authorized under Section 8h of the State
16830	16830
16831	16831
16832	16832
16833	16833
16834	16834
16835	16835	SB0280 - 471 - LRB103 24970 AMQ 51304 b
16836	16836
16837	16837
16838	16838	SB0280- 472 -LRB103 24970 AMQ 51304 b SB0280 - 472 - LRB103 24970 AMQ 51304 b
16839	16839	SB0280 - 472 - LRB103 24970 AMQ 51304 b
16840	16840	1 Finance Act.
16841	16841	2 (i) A sum equal to 13% of the first prize money of every
16842	16842	3 purse won by an Illinois foaled or Illinois conceived and
16843	16843	4 foaled horse in races not limited to Illinois foaled horses or
16844	16844	5 Illinois conceived and foaled horses, or both, shall be paid
16845	16845	6 by the organization licensee conducting the horse race
16846	16846	7 meeting. Such sum shall be paid 50% from the organization
16847	16847	8 licensee's share of the money wagered and 50% from the purse
16848	16848	9 account as follows: 11 1/2% to the breeder of the winning horse
16849	16849	10 and 1 1/2% to the organization representing thoroughbred
16850	16850	11 breeders and owners who representative serves on the Illinois
16851	16851	12 Thoroughbred Breeders Fund Advisory Board for verifying the
16852	16852	13 amounts of breeders' awards earned, ensuring their
16853	16853	14 distribution in accordance with this Act, and servicing and
16854	16854	15 promoting the Illinois thoroughbred horse racing industry.
16855	16855	16 Beginning in the calendar year in which an organization
16856	16856	17 licensee that is eligible to receive payments under paragraph
16857	16857	18 (13) of subsection (g) of Section 26 of this Act begins to
16858	16858	19 receive funds from gaming pursuant to an organization gaming
16859	16859	20 license issued under the Illinois Gambling Act, a sum equal to
16860	16860	21 21 1/2% of the first prize money of every purse won by an
16861	16861	22 Illinois foaled or an Illinois conceived and foaled horse in
16862	16862	23 races not limited to an Illinois conceived and foaled horse,
16863	16863	24 or both, shall be paid 30% from the organization licensee's
16864	16864	25 account and 70% from the purse account as follows: 20% to the
16865	16865	26 breeder of the winning horse and 1 1/2% to the organization
16866	16866
16867	16867
16868	16868
16869	16869
16870	16870
16871	16871	SB0280 - 472 - LRB103 24970 AMQ 51304 b
16872	16872
16873	16873
16874	16874	SB0280- 473 -LRB103 24970 AMQ 51304 b SB0280 - 473 - LRB103 24970 AMQ 51304 b
16875	16875	SB0280 - 473 - LRB103 24970 AMQ 51304 b
16876	16876	1 representing thoroughbred breeders and owners whose
16877	16877	2 representatives serve on the Illinois Thoroughbred Breeders
16878	16878	3 Fund Advisory Board for verifying the amounts of breeders'
16879	16879	4 awards earned, ensuring their distribution in accordance with
16880	16880	5 this Act, and servicing and promoting the Illinois
16881	16881	6 Thoroughbred racing industry. The organization representing
16882	16882	7 thoroughbred breeders and owners shall cause all expenditures
16883	16883	8 of monies received under this subsection (i) to be audited at
16884	16884	9 least annually by a registered public accountant. The
16885	16885	10 organization shall file copies of each annual audit with the
16886	16886	11 Division Racing Board, the Clerk of the House of
16887	16887	12 Representatives and the Secretary of the Senate, and shall
16888	16888	13 make copies of each annual audit available to the public upon
16889	16889	14 request and upon payment of the reasonable cost of
16890	16890	15 photocopying the requested number of copies. Such payments
16891	16891	16 shall not reduce any award to the owner of the horse or reduce
16892	16892	17 the taxes payable under this Act. Upon completion of its
16893	16893	18 racing meet, each organization licensee shall deliver to the
16894	16894	19 organization representing thoroughbred breeders and owners
16895	16895	20 whose representative serves on the Illinois Thoroughbred
16896	16896	21 Breeders Fund Advisory Board a listing of all the Illinois
16897	16897	22 foaled and the Illinois conceived and foaled horses which won
16898	16898	23 breeders' awards and the amount of such breeders' awards under
16899	16899	24 this subsection to verify accuracy of payments and assure
16900	16900	25 proper distribution of breeders' awards in accordance with the
16901	16901	26 provisions of this Act. Such payments shall be delivered by
16902	16902
16903	16903
16904	16904
16905	16905
16906	16906
16907	16907	SB0280 - 473 - LRB103 24970 AMQ 51304 b
16908	16908
16909	16909
16910	16910	SB0280- 474 -LRB103 24970 AMQ 51304 b SB0280 - 474 - LRB103 24970 AMQ 51304 b
16911	16911	SB0280 - 474 - LRB103 24970 AMQ 51304 b
16912	16912	1 the organization licensee within 30 days of the end of each
16913	16913	2 race meeting.
16914	16914	3 (j) A sum equal to 13% of the first prize money won in
16915	16915	4 every race limited to Illinois foaled horses or Illinois
16916	16916	5 conceived and foaled horses, or both, shall be paid in the
16917	16917	6 following manner by the organization licensee conducting the
16918	16918	7 horse race meeting, 50% from the organization licensee's share
16919	16919	8 of the money wagered and 50% from the purse account as follows:
16920	16920	9 11 1/2% to the breeders of the horses in each such race which
16921	16921	10 are the official first, second, third, and fourth finishers
16922	16922	11 and 1 1/2% to the organization representing thoroughbred
16923	16923	12 breeders and owners whose representatives serve on the
16924	16924	13 Illinois Thoroughbred Breeders Fund Advisory Board for
16925	16925	14 verifying the amounts of breeders' awards earned, ensuring
16926	16926	15 their proper distribution in accordance with this Act, and
16927	16927	16 servicing and promoting the Illinois horse racing industry.
16928	16928	17 Beginning in the calendar year in which an organization
16929	16929	18 licensee that is eligible to receive payments under paragraph
16930	16930	19 (13) of subsection (g) of Section 26 of this Act begins to
16931	16931	20 receive funds from gaming pursuant to an organization gaming
16932	16932	21 license issued under the Illinois Gambling Act, a sum of 21
16933	16933	22 1/2% of every purse in a race limited to Illinois foaled horses
16934	16934	23 or Illinois conceived and foaled horses, or both, shall be
16935	16935	24 paid by the organization licensee conducting the horse race
16936	16936	25 meeting. Such sum shall be paid 30% from the organization
16937	16937	26 licensee's account and 70% from the purse account as follows:
16938	16938
16939	16939
16940	16940
16941	16941
16942	16942
16943	16943	SB0280 - 474 - LRB103 24970 AMQ 51304 b
16944	16944
16945	16945
16946	16946	SB0280- 475 -LRB103 24970 AMQ 51304 b SB0280 - 475 - LRB103 24970 AMQ 51304 b
16947	16947	SB0280 - 475 - LRB103 24970 AMQ 51304 b
16948	16948	1 20% to the breeders of the horses in each such race who are
16949	16949	2 official first, second, third and fourth finishers and 1 1/2%
16950	16950	3 to the organization representing thoroughbred breeders and
16951	16951	4 owners whose representatives serve on the Illinois
16952	16952	5 Thoroughbred Breeders Fund Advisory Board for verifying the
16953	16953	6 amounts of breeders' awards earned, ensuring their proper
16954	16954	7 distribution in accordance with this Act, and servicing and
16955	16955	8 promoting the Illinois thoroughbred horse racing industry. The
16956	16956	9 organization representing thoroughbred breeders and owners
16957	16957	10 shall cause all expenditures of moneys received under this
16958	16958	11 subsection (j) to be audited at least annually by a registered
16959	16959	12 public accountant. The organization shall file copies of each
16960	16960	13 annual audit with the Division Racing Board, the Clerk of the
16961	16961	14 House of Representatives and the Secretary of the Senate, and
16962	16962	15 shall make copies of each annual audit available to the public
16963	16963	16 upon request and upon payment of the reasonable cost of
16964	16964	17 photocopying the requested number of copies. The copies of the
16965	16965	18 audit to the General Assembly shall be filed with the Clerk of
16966	16966	19 the House of Representatives and the Secretary of the Senate
16967	16967	20 in electronic form only, in the manner that the Clerk and the
16968	16968	21 Secretary shall direct.
16969	16969	22 The amounts paid to the breeders in accordance with this
16970	16970	23 subsection shall be distributed as follows:
16971	16971	24 (1) 60% of such sum shall be paid to the breeder of the
16972	16972	25 horse which finishes in the official first position;
16973	16973	26 (2) 20% of such sum shall be paid to the breeder of the
16974	16974
16975	16975
16976	16976
16977	16977
16978	16978
16979	16979	SB0280 - 475 - LRB103 24970 AMQ 51304 b
16980	16980
16981	16981
16982	16982	SB0280- 476 -LRB103 24970 AMQ 51304 b SB0280 - 476 - LRB103 24970 AMQ 51304 b
16983	16983	SB0280 - 476 - LRB103 24970 AMQ 51304 b
16984	16984	1 horse which finishes in the official second position;
16985	16985	2 (3) 15% of such sum shall be paid to the breeder of the
16986	16986	3 horse which finishes in the official third position; and
16987	16987	4 (4) 5% of such sum shall be paid to the breeder of the
16988	16988	5 horse which finishes in the official fourth position.
16989	16989	6 Such payments shall not reduce any award to the owners of a
16990	16990	7 horse or reduce the taxes payable under this Act. Upon
16991	16991	8 completion of its racing meet, each organization licensee
16992	16992	9 shall deliver to the organization representing thoroughbred
16993	16993	10 breeders and owners whose representative serves on the
16994	16994	11 Illinois Thoroughbred Breeders Fund Advisory Board a listing
16995	16995	12 of all the Illinois foaled and the Illinois conceived and
16996	16996	13 foaled horses which won breeders' awards and the amount of
16997	16997	14 such breeders' awards in accordance with the provisions of
16998	16998	15 this Act. Such payments shall be delivered by the organization
16999	16999	16 licensee within 30 days of the end of each race meeting.
17000	17000	17 (k) The term "breeder", as used herein, means the owner of
17001	17001	18 the mare at the time the foal is dropped. An "Illinois foaled
17002	17002	19 horse" is a foal dropped by a mare which enters this State on
17003	17003	20 or before December 1, in the year in which the horse is bred,
17004	17004	21 provided the mare remains continuously in this State until its
17005	17005	22 foal is born. An "Illinois foaled horse" also means a foal born
17006	17006	23 of a mare in the same year as the mare enters this State on or
17007	17007	24 before March 1, and remains in this State at least 30 days
17008	17008	25 after foaling, is bred back during the season of the foaling to
17009	17009	26 an Illinois Registered Stallion (unless a veterinarian
17010	17010
17011	17011
17012	17012
17013	17013
17014	17014
17015	17015	SB0280 - 476 - LRB103 24970 AMQ 51304 b
17016	17016
17017	17017
17018	17018	SB0280- 477 -LRB103 24970 AMQ 51304 b SB0280 - 477 - LRB103 24970 AMQ 51304 b
17019	17019	SB0280 - 477 - LRB103 24970 AMQ 51304 b
17020	17020	1 certifies that the mare should not be bred for health
17021	17021	2 reasons), and is not bred to a stallion standing in any other
17022	17022	3 state during the season of foaling. An "Illinois foaled horse"
17023	17023	4 also means a foal born in Illinois of a mare purchased at
17024	17024	5 public auction subsequent to the mare entering this State on
17025	17025	6 or before March 1 of the foaling year providing the mare is
17026	17026	7 owned solely by one or more Illinois residents or an Illinois
17027	17027	8 entity that is entirely owned by one or more Illinois
17028	17028	9 residents.
17029	17029	10 (l) The Department of Agriculture shall, by rule, with the
17030	17030	11 advice and assistance of the Illinois Thoroughbred Breeders
17031	17031	12 Fund Advisory Board:
17032	17032	13 (1) Qualify stallions for Illinois breeding; such
17033	17033	14 stallions to stand for service within the State of
17034	17034	15 Illinois at the time of a foal's conception. Such stallion
17035	17035	16 must not stand for service at any place outside the State
17036	17036	17 of Illinois during the calendar year in which the foal is
17037	17037	18 conceived. The Department of Agriculture may assess and
17038	17038	19 collect an application fee of up to $500 for the
17039	17039	20 registration of Illinois-eligible stallions. All fees
17040	17040	21 collected are to be held in trust accounts for the
17041	17041	22 purposes set forth in this Act and in accordance with
17042	17042	23 Section 205-15 of the Department of Agriculture Law.
17043	17043	24 (2) Provide for the registration of Illinois conceived
17044	17044	25 and foaled horses and Illinois foaled horses. No such
17045	17045	26 horse shall compete in the races limited to Illinois
17046	17046
17047	17047
17048	17048
17049	17049
17050	17050
17051	17051	SB0280 - 477 - LRB103 24970 AMQ 51304 b
17052	17052
17053	17053
17054	17054	SB0280- 478 -LRB103 24970 AMQ 51304 b SB0280 - 478 - LRB103 24970 AMQ 51304 b
17055	17055	SB0280 - 478 - LRB103 24970 AMQ 51304 b
17056	17056	1 conceived and foaled horses or Illinois foaled horses or
17057	17057	2 both unless registered with the Department of Agriculture.
17058	17058	3 The Department of Agriculture may prescribe such forms as
17059	17059	4 are necessary to determine the eligibility of such horses.
17060	17060	5 The Department of Agriculture may assess and collect
17061	17061	6 application fees for the registration of Illinois-eligible
17062	17062	7 foals. All fees collected are to be held in trust accounts
17063	17063	8 for the purposes set forth in this Act and in accordance
17064	17064	9 with Section 205-15 of the Department of Agriculture Law.
17065	17065	10 No person shall knowingly prepare or cause preparation of
17066	17066	11 an application for registration of such foals containing
17067	17067	12 false information.
17068	17068	13 (m) The Department of Agriculture, with the advice and
17069	17069	14 assistance of the Illinois Thoroughbred Breeders Fund Advisory
17070	17070	15 Board, shall provide that certain races limited to Illinois
17071	17071	16 conceived and foaled and Illinois foaled horses be stakes
17072	17072	17 races and determine the total amount of stakes and awards to be
17073	17073	18 paid to the owners of the winning horses in such races.
17074	17074	19 In determining the stakes races and the amount of awards
17075	17075	20 for such races, the Department of Agriculture shall consider
17076	17076	21 factors, including but not limited to, the amount of money
17077	17077	22 appropriated for the Illinois Thoroughbred Breeders Fund
17078	17078	23 program, organization licensees' contributions, availability
17079	17079	24 of stakes caliber horses as demonstrated by past performances,
17080	17080	25 whether the race can be coordinated into the proposed racing
17081	17081	26 dates within organization licensees' racing dates, opportunity
17082	17082
17083	17083
17084	17084
17085	17085
17086	17086
17087	17087	SB0280 - 478 - LRB103 24970 AMQ 51304 b
17088	17088
17089	17089
17090	17090	SB0280- 479 -LRB103 24970 AMQ 51304 b SB0280 - 479 - LRB103 24970 AMQ 51304 b
17091	17091	SB0280 - 479 - LRB103 24970 AMQ 51304 b
17092	17092	1 for colts and fillies and various age groups to race, public
17093	17093	2 wagering on such races, and the previous racing schedule.
17094	17094	3 (n) The Division Board and the organization licensee shall
17095	17095	4 notify the Department of the conditions and minimum purses for
17096	17096	5 races limited to Illinois conceived and foaled and Illinois
17097	17097	6 foaled horses conducted for each organization licensee
17098	17098	7 conducting a thoroughbred racing meeting. The Department of
17099	17099	8 Agriculture with the advice and assistance of the Illinois
17100	17100	9 Thoroughbred Breeders Fund Advisory Board may allocate monies
17101	17101	10 for purse supplements for such races. In determining whether
17102	17102	11 to allocate money and the amount, the Department of
17103	17103	12 Agriculture shall consider factors, including but not limited
17104	17104	13 to, the amount of money appropriated for the Illinois
17105	17105	14 Thoroughbred Breeders Fund program, the number of races that
17106	17106	15 may occur, and the organization licensee's purse structure.
17107	17107	16 (o) (Blank).
17108	17108	17 (Source: P.A. 101-31, eff. 6-28-19.)
17109	17109	18 (230 ILCS 5/30.5)
17110	17110	19 Sec. 30.5. Illinois Racing Quarter Horse Breeders Fund.
17111	17111	20 (a) The General Assembly declares that it is the policy of
17112	17112	21 this State to encourage the breeding of racing quarter horses
17113	17113	22 in this State and the ownership of such horses by residents of
17114	17114	23 this State in order to provide for sufficient numbers of high
17115	17115	24 quality racing quarter horses in this State and to establish
17116	17116	25 and preserve the agricultural and commercial benefits of such
17117	17117
17118	17118
17119	17119
17120	17120
17121	17121
17122	17122	SB0280 - 479 - LRB103 24970 AMQ 51304 b
17123	17123
17124	17124
17125	17125	SB0280- 480 -LRB103 24970 AMQ 51304 b SB0280 - 480 - LRB103 24970 AMQ 51304 b
17126	17126	SB0280 - 480 - LRB103 24970 AMQ 51304 b
17127	17127	1 breeding and racing industries to the State of Illinois. It is
17128	17128	2 the intent of the General Assembly to further this policy by
17129	17129	3 the provisions of this Act.
17130	17130	4 (b) There is hereby created a special fund in the State
17131	17131	5 Treasury to be known as the Illinois Racing Quarter Horse
17132	17132	6 Breeders Fund. Except as provided in subsection (g) of Section
17133	17133	7 27 of this Act, 8.5% of all the moneys received by the State as
17134	17134	8 pari-mutuel taxes on quarter horse racing shall be paid into
17135	17135	9 the Illinois Racing Quarter Horse Breeders Fund. The Illinois
17136	17136	10 Racing Quarter Horse Breeders Fund shall not be subject to
17137	17137	11 administrative charges or chargebacks, including, but not
17138	17138	12 limited to, those authorized under Section 8h of the State
17139	17139	13 Finance Act.
17140	17140	14 (c) The Illinois Racing Quarter Horse Breeders Fund shall
17141	17141	15 be administered by the Department of Agriculture with the
17142	17142	16 advice and assistance of the Advisory Board created in
17143	17143	17 subsection (d) of this Section.
17144	17144	18 (d) The Illinois Racing Quarter Horse Breeders Fund
17145	17145	19 Advisory Board shall consist of the Director of the Department
17146	17146	20 of Agriculture, who shall serve as Chairman; the Director or
17147	17147	21 the Director's designee a member of the Illinois Racing Board,
17148	17148	22 designated by it; one representative of the organization
17149	17149	23 licensees conducting pari-mutuel quarter horse racing
17150	17150	24 meetings, recommended by them; 2 representatives of the
17151	17151	25 Illinois Running Quarter Horse Association, recommended by it;
17152	17152	26 and the Superintendent of Fairs and Promotions from the
17153	17153
17154	17154
17155	17155
17156	17156
17157	17157
17158	17158	SB0280 - 480 - LRB103 24970 AMQ 51304 b
17159	17159
17160	17160
17161	17161	SB0280- 481 -LRB103 24970 AMQ 51304 b SB0280 - 481 - LRB103 24970 AMQ 51304 b
17162	17162	SB0280 - 481 - LRB103 24970 AMQ 51304 b
17163	17163	1 Department of Agriculture. Advisory Board members shall serve
17164	17164	2 for 2 years commencing January 1 of each odd numbered year. If
17165	17165	3 representatives have not been recommended by January 1 of each
17166	17166	4 odd numbered year, the Director of the Department of
17167	17167	5 Agriculture may make an appointment for the organization
17168	17168	6 failing to so recommend a member of the Advisory Board.
17169	17169	7 Advisory Board members shall receive no compensation for their
17170	17170	8 services as members but may be reimbursed for all actual and
17171	17171	9 necessary expenses and disbursements incurred in the execution
17172	17172	10 of their official duties.
17173	17173	11 (e) Moneys in the Illinois Racing Quarter Horse Breeders
17174	17174	12 Fund shall be expended by the Department of Agriculture, with
17175	17175	13 the advice and assistance of the Illinois Racing Quarter Horse
17176	17176	14 Breeders Fund Advisory Board, for the following purposes only:
17177	17177	15 (1) To provide stakes and awards to be paid to the
17178	17178	16 owners of the winning horses in certain races. This
17179	17179	17 provision is limited to Illinois conceived and foaled
17180	17180	18 horses.
17181	17181	19 (2) To provide an award to the owner or owners of an
17182	17182	20 Illinois conceived and foaled horse that wins a race when
17183	17183	21 pari-mutuel wagering is conducted; providing the race is
17184	17184	22 not restricted to Illinois conceived and foaled horses.
17185	17185	23 (3) To provide purse money for an Illinois stallion
17186	17186	24 stakes program.
17187	17187	25 (4) To provide for purses to be distributed for the
17188	17188	26 running of races during the Illinois State Fair and the
17189	17189
17190	17190
17191	17191
17192	17192
17193	17193
17194	17194	SB0280 - 481 - LRB103 24970 AMQ 51304 b
17195	17195
17196	17196
17197	17197	SB0280- 482 -LRB103 24970 AMQ 51304 b SB0280 - 482 - LRB103 24970 AMQ 51304 b
17198	17198	SB0280 - 482 - LRB103 24970 AMQ 51304 b
17199	17199	1 DuQuoin State Fair exclusively for quarter horses
17200	17200	2 conceived and foaled in Illinois.
17201	17201	3 (5) To provide for purses to be distributed for the
17202	17202	4 running of races at Illinois county fairs exclusively for
17203	17203	5 quarter horses conceived and foaled in Illinois.
17204	17204	6 (6) To provide for purses to be distributed for
17205	17205	7 running races exclusively for quarter horses conceived and
17206	17206	8 foaled in Illinois at locations in Illinois determined by
17207	17207	9 the Department of Agriculture with advice and consent of
17208	17208	10 the Illinois Racing Quarter Horse Breeders Fund Advisory
17209	17209	11 Board.
17210	17210	12 (7) No less than 90% of all moneys appropriated from
17211	17211	13 the Illinois Racing Quarter Horse Breeders Fund shall be
17212	17212	14 expended for the purposes in items (1), (2), (3), (4), and
17213	17213	15 (5) of this subsection (e).
17214	17214	16 (8) To provide for research programs concerning the
17215	17215	17 health, development, and care of racing quarter horses.
17216	17216	18 (9) To provide for dissemination of public information
17217	17217	19 designed to promote the breeding of racing quarter horses
17218	17218	20 in Illinois.
17219	17219	21 (10) To provide for expenses incurred in the
17220	17220	22 administration of the Illinois Racing Quarter Horse
17221	17221	23 Breeders Fund.
17222	17222	24 (f) The Department of Agriculture shall, by rule, with the
17223	17223	25 advice and assistance of the Illinois Racing Quarter Horse
17224	17224	26 Breeders Fund Advisory Board:
17225	17225
17226	17226
17227	17227
17228	17228
17229	17229
17230	17230	SB0280 - 482 - LRB103 24970 AMQ 51304 b
17231	17231
17232	17232
17233	17233	SB0280- 483 -LRB103 24970 AMQ 51304 b SB0280 - 483 - LRB103 24970 AMQ 51304 b
17234	17234	SB0280 - 483 - LRB103 24970 AMQ 51304 b
17235	17235	1 (1) Qualify stallions for Illinois breeding; such
17236	17236	2 stallions to stand for service within the State of
17237	17237	3 Illinois, at the time of a foal's conception. Such
17238	17238	4 stallion must not stand for service at any place outside
17239	17239	5 the State of Illinois during the calendar year in which
17240	17240	6 the foal is conceived. The Department of Agriculture may
17241	17241	7 assess and collect application fees for the registration
17242	17242	8 of Illinois-eligible stallions. All fees collected are to
17243	17243	9 be paid into the Illinois Racing Quarter Horse Breeders
17244	17244	10 Fund.
17245	17245	11 (2) Provide for the registration of Illinois conceived
17246	17246	12 and foaled horses. No such horse shall compete in the
17247	17247	13 races limited to Illinois conceived and foaled horses
17248	17248	14 unless it is registered with the Department of
17249	17249	15 Agriculture. The Department of Agriculture may prescribe
17250	17250	16 such forms as are necessary to determine the eligibility
17251	17251	17 of such horses. The Department of Agriculture may assess
17252	17252	18 and collect application fees for the registration of
17253	17253	19 Illinois-eligible foals. All fees collected are to be paid
17254	17254	20 into the Illinois Racing Quarter Horse Breeders Fund. No
17255	17255	21 person shall knowingly prepare or cause preparation of an
17256	17256	22 application for registration of such foals that contains
17257	17257	23 false information.
17258	17258	24 (g) The Department of Agriculture, with the advice and
17259	17259	25 assistance of the Illinois Racing Quarter Horse Breeders Fund
17260	17260	26 Advisory Board, shall provide that certain races limited to
17261	17261
17262	17262
17263	17263
17264	17264
17265	17265
17266	17266	SB0280 - 483 - LRB103 24970 AMQ 51304 b
17267	17267
17268	17268
17269	17269	SB0280- 484 -LRB103 24970 AMQ 51304 b SB0280 - 484 - LRB103 24970 AMQ 51304 b
17270	17270	SB0280 - 484 - LRB103 24970 AMQ 51304 b
17271	17271	1 Illinois conceived and foaled be stakes races and determine
17272	17272	2 the total amount of stakes and awards to be paid to the owners
17273	17273	3 of the winning horses in such races.
17274	17274	4 (Source: P.A. 101-31, eff. 6-28-19.)
17275	17275	5 (230 ILCS 5/31) (from Ch. 8, par. 37-31)
17276	17276	6 Sec. 31. (a) The General Assembly declares that it is the
17277	17277	7 policy of this State to encourage the breeding of standardbred
17278	17278	8 horses in this State and the ownership of such horses by
17279	17279	9 residents of this State in order to provide for: sufficient
17280	17280	10 numbers of high quality standardbred horses to participate in
17281	17281	11 harness racing meetings in this State, and to establish and
17282	17282	12 preserve the agricultural and commercial benefits of such
17283	17283	13 breeding and racing industries to the State of Illinois. It is
17284	17284	14 the intent of the General Assembly to further this policy by
17285	17285	15 the provisions of this Section of this Act.
17286	17286	16 (b) Each organization licensee conducting a harness racing
17287	17287	17 meeting pursuant to this Act shall provide for at least two
17288	17288	18 races each race program limited to Illinois conceived and
17289	17289	19 foaled horses. A minimum of 6 races shall be conducted each
17290	17290	20 week limited to Illinois conceived and foaled horses. No
17291	17291	21 horses shall be permitted to start in such races unless duly
17292	17292	22 registered under the rules of the Department of Agriculture.
17293	17293	23 (b-5) Organization licensees, not including the Illinois
17294	17294	24 State Fair or the DuQuoin State Fair, shall provide stake
17295	17295	25 races and early closer races for Illinois conceived and foaled
17296	17296
17297	17297
17298	17298
17299	17299
17300	17300
17301	17301	SB0280 - 484 - LRB103 24970 AMQ 51304 b
17302	17302
17303	17303
17304	17304	SB0280- 485 -LRB103 24970 AMQ 51304 b SB0280 - 485 - LRB103 24970 AMQ 51304 b
17305	17305	SB0280 - 485 - LRB103 24970 AMQ 51304 b
17306	17306	1 horses so that purses distributed for such races shall be no
17307	17307	2 less than 17% of total purses distributed for harness racing
17308	17308	3 in that calendar year in addition to any stakes payments and
17309	17309	4 starting fees contributed by horse owners.
17310	17310	5 (b-10) Each organization licensee conducting a harness
17311	17311	6 racing meeting pursuant to this Act shall provide an owner
17312	17312	7 award to be paid from the purse account equal to 12% of the
17313	17313	8 amount earned by Illinois conceived and foaled horses
17314	17314	9 finishing in the first 3 positions in races that are not
17315	17315	10 restricted to Illinois conceived and foaled horses. The owner
17316	17316	11 awards shall not be paid on races below the $10,000 claiming
17317	17317	12 class.
17318	17318	13 (c) Conditions of races under subsection (b) shall be
17319	17319	14 commensurate with past performance, quality and class of
17320	17320	15 Illinois conceived and foaled horses available. If, however,
17321	17321	16 sufficient competition cannot be had among horses of that
17322	17322	17 class on any day, the races may, with consent of the Division
17323	17323	18 Board, be eliminated for that day and substitute races
17324	17324	19 provided.
17325	17325	20 (d) There is hereby created a special fund of the State
17326	17326	21 Treasury to be known as the Illinois Standardbred Breeders
17327	17327	22 Fund. Beginning on June 28, 2019 (the effective date of Public
17328	17328	23 Act 101-31), the Illinois Standardbred Breeders Fund shall
17329	17329	24 become a non-appropriated trust fund held separate and apart
17330	17330	25 from State moneys. Expenditures from this Fund shall no longer
17331	17331	26 be subject to appropriation.
17332	17332
17333	17333
17334	17334
17335	17335
17336	17336
17337	17337	SB0280 - 485 - LRB103 24970 AMQ 51304 b
17338	17338
17339	17339
17340	17340	SB0280- 486 -LRB103 24970 AMQ 51304 b SB0280 - 486 - LRB103 24970 AMQ 51304 b
17341	17341	SB0280 - 486 - LRB103 24970 AMQ 51304 b
17342	17342	1 During the calendar year 1981, and each year thereafter,
17343	17343	2 except as provided in subsection (g) of Section 27 of this Act,
17344	17344	3 eight and one-half per cent of all the monies received by the
17345	17345	4 State as privilege taxes on harness racing meetings shall be
17346	17346	5 paid into the Illinois Standardbred Breeders Fund.
17347	17347	6 (e) Notwithstanding any provision of law to the contrary,
17348	17348	7 amounts deposited into the Illinois Standardbred Breeders Fund
17349	17349	8 from revenues generated by gaming pursuant to an organization
17350	17350	9 gaming license issued under the Illinois Gambling Act after
17351	17351	10 June 28, 2019 (the effective date of Public Act 101-31) shall
17352	17352	11 be in addition to tax and fee amounts paid under this Section
17353	17353	12 for calendar year 2019 and thereafter. The Illinois
17354	17354	13 Standardbred Breeders Fund shall be administered by the
17355	17355	14 Department of Agriculture with the assistance and advice of
17356	17356	15 the Advisory Board created in subsection (f) of this Section.
17357	17357	16 (f) The Illinois Standardbred Breeders Fund Advisory Board
17358	17358	17 is hereby created. The Advisory Board shall consist of the
17359	17359	18 Director of the Department of Agriculture, who shall serve as
17360	17360	19 Chairman; the Superintendent of the Illinois State Fair; the
17361	17361	20 Director or his or her designee a member of the Illinois Racing
17362	17362	21 Board, designated by it; a representative of the largest
17363	17363	22 association of Illinois standardbred owners and breeders,
17364	17364	23 recommended by it; a representative of a statewide association
17365	17365	24 representing agricultural fairs in Illinois, recommended by
17366	17366	25 it, such representative to be from a fair at which Illinois
17367	17367	26 conceived and foaled racing is conducted; a representative of
17368	17368
17369	17369
17370	17370
17371	17371
17372	17372
17373	17373	SB0280 - 486 - LRB103 24970 AMQ 51304 b
17374	17374
17375	17375
17376	17376	SB0280- 487 -LRB103 24970 AMQ 51304 b SB0280 - 487 - LRB103 24970 AMQ 51304 b
17377	17377	SB0280 - 487 - LRB103 24970 AMQ 51304 b
17378	17378	1 the organization licensees conducting harness racing meetings,
17379	17379	2 recommended by them; a representative of the Breeder's
17380	17380	3 Committee of the association representing the largest number
17381	17381	4 of standardbred owners, breeders, trainers, caretakers, and
17382	17382	5 drivers, recommended by it; and a representative of the
17383	17383	6 association representing the largest number of standardbred
17384	17384	7 owners, breeders, trainers, caretakers, and drivers,
17385	17385	8 recommended by it. Advisory Board members shall serve for 2
17386	17386	9 years commencing January 1 of each odd numbered year. If
17387	17387	10 representatives of the largest association of Illinois
17388	17388	11 standardbred owners and breeders, a statewide association of
17389	17389	12 agricultural fairs in Illinois, the association representing
17390	17390	13 the largest number of standardbred owners, breeders, trainers,
17391	17391	14 caretakers, and drivers, a member of the Breeder's Committee
17392	17392	15 of the association representing the largest number of
17393	17393	16 standardbred owners, breeders, trainers, caretakers, and
17394	17394	17 drivers, and the organization licensees conducting harness
17395	17395	18 racing meetings have not been recommended by January 1 of each
17396	17396	19 odd numbered year, the Director of the Department of
17397	17397	20 Agriculture shall make an appointment for the organization
17398	17398	21 failing to so recommend a member of the Advisory Board.
17399	17399	22 Advisory Board members shall receive no compensation for their
17400	17400	23 services as members but shall be reimbursed for all actual and
17401	17401	24 necessary expenses and disbursements incurred in the execution
17402	17402	25 of their official duties.
17403	17403	26 (g) Monies expended from the Illinois Standardbred
17404	17404
17405	17405
17406	17406
17407	17407
17408	17408
17409	17409	SB0280 - 487 - LRB103 24970 AMQ 51304 b
17410	17410
17411	17411
17412	17412	SB0280- 488 -LRB103 24970 AMQ 51304 b SB0280 - 488 - LRB103 24970 AMQ 51304 b
17413	17413	SB0280 - 488 - LRB103 24970 AMQ 51304 b
17414	17414	1 Breeders Fund shall be expended by the Department of
17415	17415	2 Agriculture, with the assistance and advice of the Illinois
17416	17416	3 Standardbred Breeders Fund Advisory Board for the following
17417	17417	4 purposes only:
17418	17418	5 1. To provide purses for races limited to Illinois
17419	17419	6 conceived and foaled horses at the State Fair and the
17420	17420	7 DuQuoin State Fair.
17421	17421	8 2. To provide purses for races limited to Illinois
17422	17422	9 conceived and foaled horses at county fairs.
17423	17423	10 3. To provide purse supplements for races limited to
17424	17424	11 Illinois conceived and foaled horses conducted by
17425	17425	12 associations conducting harness racing meetings.
17426	17426	13 4. No less than 75% of all monies in the Illinois
17427	17427	14 Standardbred Breeders Fund shall be expended for purses in
17428	17428	15 1, 2, and 3 as shown above.
17429	17429	16 5. In the discretion of the Department of Agriculture
17430	17430	17 to provide awards to harness breeders of Illinois
17431	17431	18 conceived and foaled horses which win races conducted by
17432	17432	19 organization licensees conducting harness racing meetings.
17433	17433	20 A breeder is the owner of a mare at the time of conception.
17434	17434	21 No more than 10% of all monies appropriated from the
17435	17435	22 Illinois Standardbred Breeders Fund shall be expended for
17436	17436	23 such harness breeders awards. No more than 25% of the
17437	17437	24 amount expended for harness breeders awards shall be
17438	17438	25 expended for expenses incurred in the administration of
17439	17439	26 such harness breeders awards.
17440	17440
17441	17441
17442	17442
17443	17443
17444	17444
17445	17445	SB0280 - 488 - LRB103 24970 AMQ 51304 b
17446	17446
17447	17447
17448	17448	SB0280- 489 -LRB103 24970 AMQ 51304 b SB0280 - 489 - LRB103 24970 AMQ 51304 b
17449	17449	SB0280 - 489 - LRB103 24970 AMQ 51304 b
17450	17450	1 6. To pay for the improvement of racing facilities
17451	17451	2 located at the State Fair and County fairs.
17452	17452	3 7. To pay the expenses incurred in the administration
17453	17453	4 of the Illinois Standardbred Breeders Fund.
17454	17454	5 8. To promote the sport of harness racing, including
17455	17455	6 grants up to a maximum of $7,500 per fair per year for
17456	17456	7 conducting pari-mutuel wagering during the advertised
17457	17457	8 dates of a county fair.
17458	17458	9 9. To pay up to $50,000 annually for the Department of
17459	17459	10 Agriculture to conduct drug testing at county fairs racing
17460	17460	11 standardbred horses.
17461	17461	12 (h) The Illinois Standardbred Breeders Fund is not subject
17462	17462	13 to administrative charges or chargebacks, including, but not
17463	17463	14 limited to, those authorized under Section 8h of the State
17464	17464	15 Finance Act.
17465	17465	16 (i) A sum equal to 13% of the first prize money of the
17466	17466	17 gross purse won by an Illinois conceived and foaled horse
17467	17467	18 shall be paid 50% by the organization licensee conducting the
17468	17468	19 horse race meeting to the breeder of such winning horse from
17469	17469	20 the organization licensee's account and 50% from the purse
17470	17470	21 account of the licensee. Such payment shall not reduce any
17471	17471	22 award to the owner of the horse or reduce the taxes payable
17472	17472	23 under this Act. Such payment shall be delivered by the
17473	17473	24 organization licensee at the end of each quarter.
17474	17474	25 (j) The Department of Agriculture shall, by rule, with the
17475	17475	26 assistance and advice of the Illinois Standardbred Breeders
17476	17476
17477	17477
17478	17478
17479	17479
17480	17480
17481	17481	SB0280 - 489 - LRB103 24970 AMQ 51304 b
17482	17482
17483	17483
17484	17484	SB0280- 490 -LRB103 24970 AMQ 51304 b SB0280 - 490 - LRB103 24970 AMQ 51304 b
17485	17485	SB0280 - 490 - LRB103 24970 AMQ 51304 b
17486	17486	1 Fund Advisory Board:
17487	17487	2 1. Qualify stallions for Illinois Standardbred
17488	17488	3 Breeders Fund breeding. Such stallion shall stand for
17489	17489	4 service at and within the State of Illinois at the time of
17490	17490	5 a foal's conception, and such stallion must not stand for
17491	17491	6 service at any place outside the State of Illinois during
17492	17492	7 that calendar year in which the foal is conceived.
17493	17493	8 However, on and after January 1, 2018, semen from an
17494	17494	9 Illinois stallion may be transported outside the State of
17495	17495	10 Illinois.
17496	17496	11 2. Provide for the registration of Illinois conceived
17497	17497	12 and foaled horses and no such horse shall compete in the
17498	17498	13 races limited to Illinois conceived and foaled horses
17499	17499	14 unless registered with the Department of Agriculture. The
17500	17500	15 Department of Agriculture may prescribe such forms as may
17501	17501	16 be necessary to determine the eligibility of such horses.
17502	17502	17 No person shall knowingly prepare or cause preparation of
17503	17503	18 an application for registration of such foals containing
17504	17504	19 false information. A mare (dam) must be in the State at
17505	17505	20 least 30 days prior to foaling or remain in the State at
17506	17506	21 least 30 days at the time of foaling. However, the
17507	17507	22 requirement that a mare (dam) must be in the State at least
17508	17508	23 30 days before foaling or remain in the State at least 30
17509	17509	24 days at the time of foaling shall not be in effect from
17510	17510	25 January 1, 2018 until January 1, 2022. Beginning with the
17511	17511	26 1996 breeding season and for foals of 1997 and thereafter,
17512	17512
17513	17513
17514	17514
17515	17515
17516	17516
17517	17517	SB0280 - 490 - LRB103 24970 AMQ 51304 b
17518	17518
17519	17519
17520	17520	SB0280- 491 -LRB103 24970 AMQ 51304 b SB0280 - 491 - LRB103 24970 AMQ 51304 b
17521	17521	SB0280 - 491 - LRB103 24970 AMQ 51304 b
17522	17522	1 a foal conceived by transported semen may be eligible for
17523	17523	2 Illinois conceived and foaled registration provided all
17524	17524	3 breeding and foaling requirements are met. The stallion
17525	17525	4 must be qualified for Illinois Standardbred Breeders Fund
17526	17526	5 breeding at the time of conception. The foal must be
17527	17527	6 dropped in Illinois and properly registered with the
17528	17528	7 Department of Agriculture in accordance with this Act.
17529	17529	8 However, from January 1, 2018 until January 1, 2022, the
17530	17530	9 requirement for a mare to be inseminated within the State
17531	17531	10 of Illinois and the requirement for a foal to be dropped in
17532	17532	11 Illinois are inapplicable.
17533	17533	12 3. Provide that at least a 5-day racing program shall
17534	17534	13 be conducted at the State Fair each year, unless an
17535	17535	14 alternate racing program is requested by the Illinois
17536	17536	15 Standardbred Breeders Fund Advisory Board, which program
17537	17537	16 shall include at least the following races limited to
17538	17538	17 Illinois conceived and foaled horses: (a) a 2-year-old
17539	17539	18 Trot and Pace, and Filly Division of each; (b) a
17540	17540	19 3-year-old Trot and Pace, and Filly Division of each; (c)
17541	17541	20 an aged Trot and Pace, and Mare Division of each.
17542	17542	21 4. Provide for the payment of nominating, sustaining
17543	17543	22 and starting fees for races promoting the sport of harness
17544	17544	23 racing and for the races to be conducted at the State Fair
17545	17545	24 as provided in subsection (j) 3 of this Section provided
17546	17546	25 that the nominating, sustaining and starting payment
17547	17547	26 required from an entrant shall not exceed 2% of the purse
17548	17548
17549	17549
17550	17550
17551	17551
17552	17552
17553	17553	SB0280 - 491 - LRB103 24970 AMQ 51304 b
17554	17554
17555	17555
17556	17556	SB0280- 492 -LRB103 24970 AMQ 51304 b SB0280 - 492 - LRB103 24970 AMQ 51304 b
17557	17557	SB0280 - 492 - LRB103 24970 AMQ 51304 b
17558	17558	1 of such race. All nominating, sustaining and starting
17559	17559	2 payments shall be held for the benefit of entrants and
17560	17560	3 shall be paid out as part of the respective purses for such
17561	17561	4 races. Nominating, sustaining and starting fees shall be
17562	17562	5 held in trust accounts for the purposes as set forth in
17563	17563	6 this Act and in accordance with Section 205-15 of the
17564	17564	7 Department of Agriculture Law.
17565	17565	8 5. Provide for the registration with the Department of
17566	17566	9 Agriculture of Colt Associations or county fairs desiring
17567	17567	10 to sponsor races at county fairs.
17568	17568	11 6. Provide for the promotion of producing standardbred
17569	17569	12 racehorses by providing a bonus award program for owners
17570	17570	13 of 2-year-old horses that win multiple major stakes races
17571	17571	14 that are limited to Illinois conceived and foaled horses.
17572	17572	15 (k) The Department of Agriculture, with the advice and
17573	17573	16 assistance of the Illinois Standardbred Breeders Fund Advisory
17574	17574	17 Board, may allocate monies for purse supplements for such
17575	17575	18 races. In determining whether to allocate money and the
17576	17576	19 amount, the Department of Agriculture shall consider factors,
17577	17577	20 including, but not limited to, the amount of money
17578	17578	21 appropriated for the Illinois Standardbred Breeders Fund
17579	17579	22 program, the number of races that may occur, and an
17580	17580	23 organization licensee's purse structure. The organization
17581	17581	24 licensee shall notify the Department of Agriculture of the
17582	17582	25 conditions and minimum purses for races limited to Illinois
17583	17583	26 conceived and foaled horses to be conducted by each
17584	17584
17585	17585
17586	17586
17587	17587
17588	17588
17589	17589	SB0280 - 492 - LRB103 24970 AMQ 51304 b
17590	17590
17591	17591
17592	17592	SB0280- 493 -LRB103 24970 AMQ 51304 b SB0280 - 493 - LRB103 24970 AMQ 51304 b
17593	17593	SB0280 - 493 - LRB103 24970 AMQ 51304 b
17594	17594	1 organization licensee conducting a harness racing meeting for
17595	17595	2 which purse supplements have been negotiated.
17596	17596	3 (l) All races held at county fairs and the State Fair which
17597	17597	4 receive funds from the Illinois Standardbred Breeders Fund
17598	17598	5 shall be conducted in accordance with the rules of the United
17599	17599	6 States Trotting Association unless otherwise modified by the
17600	17600	7 Department of Agriculture.
17601	17601	8 (m) At all standardbred race meetings held or conducted
17602	17602	9 under authority of a license granted by the Division Board,
17603	17603	10 and at all standardbred races held at county fairs which are
17604	17604	11 approved by the Department of Agriculture or at the Illinois
17605	17605	12 or DuQuoin State Fairs, no one shall jog, train, warm up or
17606	17606	13 drive a standardbred horse unless he or she is wearing a
17607	17607	14 protective safety helmet, with the chin strap fastened and in
17608	17608	15 place, which meets the standards and requirements as set forth
17609	17609	16 in the 1984 Standard for Protective Headgear for Use in
17610	17610	17 Harness Racing and Other Equestrian Sports published by the
17611	17611	18 Snell Memorial Foundation, or any standards and requirements
17612	17612	19 for headgear the Division Illinois Racing Board may approve.
17613	17613	20 Any other standards and requirements so approved by the
17614	17614	21 Division Board shall equal or exceed those published by the
17615	17615	22 Snell Memorial Foundation. Any equestrian helmet bearing the
17616	17616	23 Snell label shall be deemed to have met those standards and
17617	17617	24 requirements.
17618	17618	25 (Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19;
17619	17619	26 102-558, eff. 8-20-21; 102-689, eff. 12-17-21.)
17620	17620
17621	17621
17622	17622
17623	17623
17624	17624
17625	17625	SB0280 - 493 - LRB103 24970 AMQ 51304 b
17626	17626
17627	17627
17628	17628	SB0280- 494 -LRB103 24970 AMQ 51304 b SB0280 - 494 - LRB103 24970 AMQ 51304 b
17629	17629	SB0280 - 494 - LRB103 24970 AMQ 51304 b
17630	17630	1 (230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
17631	17631	2 Sec. 31.1. (a) Unless subsection (a-5) applies,
17632	17632	3 organization licensees collectively shall contribute annually
17633	17633	4 to charity the sum of $750,000 to non-profit organizations
17634	17634	5 that provide medical and family, counseling, and similar
17635	17635	6 services to persons who reside or work on the backstretch of
17636	17636	7 Illinois racetracks. Unless subsection (a-5) applies, these
17637	17637	8 contributions shall be collected as follows: (i) no later than
17638	17638	9 July 1st of each year the Division Board shall assess each
17639	17639	10 organization licensee, except those tracks located in Madison
17640	17640	11 County, which tracks shall pay $30,000 annually apiece into
17641	17641	12 the Division Board charity fund, that amount which equals
17642	17642	13 $690,000 multiplied by the amount of pari-mutuel wagering
17643	17643	14 handled by the organization licensee in the year preceding
17644	17644	15 assessment and divided by the total pari-mutuel wagering
17645	17645	16 handled by all Illinois organization licensees, except those
17646	17646	17 tracks located in Madison and Rock Island counties, in the
17647	17647	18 year preceding assessment; (ii) notice of the assessed
17648	17648	19 contribution shall be mailed to each organization licensee;
17649	17649	20 (iii) within thirty days of its receipt of such notice, each
17650	17650	21 organization licensee shall remit the assessed contribution to
17651	17651	22 the Division Board. Unless subsection (a-5) applies, if an
17652	17652	23 organization licensee commences operation of gaming at its
17653	17653	24 facility pursuant to an organization gaming license under the
17654	17654	25 Illinois Gambling Act, then the organization licensee shall
17655	17655
17656	17656
17657	17657
17658	17658
17659	17659
17660	17660	SB0280 - 494 - LRB103 24970 AMQ 51304 b
17661	17661
17662	17662
17663	17663	SB0280- 495 -LRB103 24970 AMQ 51304 b SB0280 - 495 - LRB103 24970 AMQ 51304 b
17664	17664	SB0280 - 495 - LRB103 24970 AMQ 51304 b
17665	17665	1 contribute an additional $83,000 per year beginning in the
17666	17666	2 year subsequent to the first year in which the organization
17667	17667	3 licensee begins receiving funds from gaming pursuant to an
17668	17668	4 organization gaming license. If an organization licensee
17669	17669	5 wilfully fails to so remit the contribution, the Division
17670	17670	6 Board may revoke its license to conduct horse racing.
17671	17671	7 (a-5) If (1) an organization licensee that did not operate
17672	17672	8 live racing in 2017 is awarded racing dates in 2018 or in any
17673	17673	9 subsequent year and (2) all organization licensees are
17674	17674	10 operating gaming pursuant to an organization gaming license
17675	17675	11 under the Illinois Gambling Act, then subsection (a) does not
17676	17676	12 apply and organization licensees collectively shall contribute
17677	17677	13 annually to charity the sum of $1,000,000 to non-profit
17678	17678	14 organizations that provide medical and family, counseling, and
17679	17679	15 similar services to persons who reside or work on the
17680	17680	16 backstretch of Illinois racetracks. These contributions shall
17681	17681	17 be collected as follows: (i) no later than July 1st of each
17682	17682	18 year the Division Board shall assess each organization
17683	17683	19 licensee an amount based on the proportionate amount of live
17684	17684	20 racing days in the calendar year for which the Division Board
17685	17685	21 has awarded to the organization licensee out of the total
17686	17686	22 aggregate number of live racing days awarded; (ii) notice of
17687	17687	23 the assessed contribution shall be mailed to each organization
17688	17688	24 licensee; (iii) within 30 days after its receipt of such
17689	17689	25 notice, each organization licensee shall remit the assessed
17690	17690	26 contribution to the Division Board. If an organization
17691	17691
17692	17692
17693	17693
17694	17694
17695	17695
17696	17696	SB0280 - 495 - LRB103 24970 AMQ 51304 b
17697	17697
17698	17698
17699	17699	SB0280- 496 -LRB103 24970 AMQ 51304 b SB0280 - 496 - LRB103 24970 AMQ 51304 b
17700	17700	SB0280 - 496 - LRB103 24970 AMQ 51304 b
17701	17701	1 licensee willfully fails to so remit the contribution, the
17702	17702	2 Division Board may revoke its license to conduct horse racing.
17703	17703	3 (b) No later than October 1st of each year, any qualified
17704	17704	4 charitable organization seeking an allotment of contributed
17705	17705	5 funds shall submit to the Division Board an application for
17706	17706	6 those funds, using the Division's Board's approved form. No
17707	17707	7 later than December 31st of each year, the Division Board
17708	17708	8 shall distribute all such amounts collected that year to such
17709	17709	9 charitable organization applicants.
17710	17710	10 (Source: P.A. 101-31, eff. 6-28-19.)
17711	17711	11 (230 ILCS 5/32) (from Ch. 8, par. 37-32)
17712	17712	12 Sec. 32. Illinois Race Track Improvement Fund. Within 30
17713	17713	13 days after the effective date of this Act, the Division Board
17714	17714	14 shall cause all moneys previously deposited in the Illinois
17715	17715	15 Race Track Improvement Fund to be remitted to the racetrack
17716	17716	16 from which the licensee derives its license in accordance to
17717	17717	17 the amounts generated by each licensee.
17718	17718	18 (Source: P.A. 91-40, eff. 1-1-00.)
17719	17719	19 (230 ILCS 5/32.1)
17720	17720	20 Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
17721	17721	21 real estate equalization.
17722	17722	22 (a) In order to encourage new investment in Illinois
17723	17723	23 racetrack facilities and mitigate differing real estate tax
17724	17724	24 burdens among all racetracks, the licensees affiliated or
17725	17725
17726	17726
17727	17727
17728	17728
17729	17729
17730	17730	SB0280 - 496 - LRB103 24970 AMQ 51304 b
17731	17731
17732	17732
17733	17733	SB0280- 497 -LRB103 24970 AMQ 51304 b SB0280 - 497 - LRB103 24970 AMQ 51304 b
17734	17734	SB0280 - 497 - LRB103 24970 AMQ 51304 b
17735	17735	1 associated with each racetrack that has been awarded live
17736	17736	2 racing dates in the current year shall receive an immediate
17737	17737	3 pari-mutuel tax credit in an amount equal to the greater of (i)
17738	17738	4 50% of the amount of the real estate taxes paid in the prior
17739	17739	5 year attributable to that racetrack, or (ii) the amount by
17740	17740	6 which the real estate taxes paid in the prior year
17741	17741	7 attributable to that racetrack exceeds 60% of the average real
17742	17742	8 estate taxes paid in the prior year for all racetracks awarded
17743	17743	9 live horse racing meets in the current year.
17744	17744	10 Each year, regardless of whether the organization licensee
17745	17745	11 conducted live racing in the year of certification, the
17746	17746	12 Division Board shall certify in writing, prior to December 31,
17747	17747	13 the real estate taxes paid in that year for each racetrack and
17748	17748	14 the amount of the pari-mutuel tax credit that each
17749	17749	15 organization licensee, inter-track wagering licensee, and
17750	17750	16 inter-track wagering location licensee that derives its
17751	17751	17 license from such racetrack is entitled in the succeeding
17752	17752	18 calendar year. The real estate taxes considered under this
17753	17753	19 Section for any racetrack shall be those taxes on the real
17754	17754	20 estate parcels and related facilities used to conduct a horse
17755	17755	21 race meeting and inter-track wagering at such racetrack under
17756	17756	22 this Act. In no event shall the amount of the tax credit under
17757	17757	23 this Section exceed the amount of pari-mutuel taxes otherwise
17758	17758	24 calculated under this Act. The amount of the tax credit under
17759	17759	25 this Section shall be retained by each licensee and shall not
17760	17760	26 be subject to any reallocation or further distribution under
17761	17761
17762	17762
17763	17763
17764	17764
17765	17765
17766	17766	SB0280 - 497 - LRB103 24970 AMQ 51304 b
17767	17767
17768	17768
17769	17769	SB0280- 498 -LRB103 24970 AMQ 51304 b SB0280 - 498 - LRB103 24970 AMQ 51304 b
17770	17770	SB0280 - 498 - LRB103 24970 AMQ 51304 b
17771	17771	1 this Act. The Board may promulgate emergency rules to
17772	17772	2 implement this Section.
17773	17773	3 (b) If the organization licensee is operating gaming
17774	17774	4 pursuant to an organization gaming license issued under the
17775	17775	5 Illinois Gambling Act, except the organization licensee
17776	17776	6 described in Section 19.5, then, for the 5-year period
17777	17777	7 beginning on the January 1 of the calendar year immediately
17778	17778	8 following the calendar year during which an organization
17779	17779	9 licensee begins conducting gaming operations pursuant to an
17780	17780	10 organization gaming license issued under the Illinois Gambling
17781	17781	11 Act, the organization licensee shall make capital
17782	17782	12 expenditures, in an amount equal to no less than 50% of the tax
17783	17783	13 credit under this Section, to the improvement and maintenance
17784	17784	14 of the backstretch, including, but not limited to, backstretch
17785	17785	15 barns, dormitories, and services for backstretch workers.
17786	17786	16 Those capital expenditures must be in addition to, and not in
17787	17787	17 lieu of, the capital expenditures made for backstretch
17788	17788	18 improvements in calendar year 2015, as reported to the
17789	17789	19 Division Board in the organization licensee's application for
17790	17790	20 racing dates and as certified by the Division Board. The
17791	17791	21 organization licensee is required to annually submit the list
17792	17792	22 and amounts of these capital expenditures to the Division
17793	17793	23 Board by January 30th of the year following the expenditure.
17794	17794	24 (c) If the organization licensee is conducting gaming in
17795	17795	25 accordance with paragraph (b), then, after the 5-year period
17796	17796	26 beginning on January 1 of the calendar year immediately
17797	17797
17798	17798
17799	17799
17800	17800
17801	17801
17802	17802	SB0280 - 498 - LRB103 24970 AMQ 51304 b
17803	17803
17804	17804
17805	17805	SB0280- 499 -LRB103 24970 AMQ 51304 b SB0280 - 499 - LRB103 24970 AMQ 51304 b
17806	17806	SB0280 - 499 - LRB103 24970 AMQ 51304 b
17807	17807	1 following the calendar year during which an organization
17808	17808	2 licensee begins conducting gaming operations pursuant to an
17809	17809	3 organization gaming license issued under the Illinois Gambling
17810	17810	4 Act, the organization license is ineligible to receive a tax
17811	17811	5 credit under this Section.
17812	17812	6 (Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19.)
17813	17813	7 (230 ILCS 5/34.3)
17814	17814	8 Sec. 34.3. Drug testing. The Division Illinois Racing
17815	17815	9 Board and the Department of Agriculture shall jointly
17816	17816	10 establish a program for the purpose of conducting drug testing
17817	17817	11 of horses at county fairs and shall adopt any rules necessary
17818	17818	12 for enforcement of the program. The rules shall include
17819	17819	13 appropriate penalties for violations.
17820	17820	14 (Source: P.A. 101-31, eff. 6-28-19.)
17821	17821	15 (230 ILCS 5/35) (from Ch. 8, par. 37-35)
17822	17822	16 Sec. 35. Any person holding or conducting any meeting
17823	17823	17 within the State at which racing of horses shall be permitted
17824	17824	18 for any stake, purse or reward or any person or persons aiding,
17825	17825	19 assisting or abetting in the holding or conducting of such
17826	17826	20 meeting where racing is held or conducted contrary to or in
17827	17827	21 violation of any of the provisions and requirements of this
17828	17828	22 Act shall be guilty of a Class 4 felony. For the purpose of
17829	17829	23 this Section, each day of racing in violation of the
17830	17830	24 provisions of this Act shall be considered as a separate and
17831	17831
17832	17832
17833	17833
17834	17834
17835	17835
17836	17836	SB0280 - 499 - LRB103 24970 AMQ 51304 b
17837	17837
17838	17838
17839	17839	SB0280- 500 -LRB103 24970 AMQ 51304 b SB0280 - 500 - LRB103 24970 AMQ 51304 b
17840	17840	SB0280 - 500 - LRB103 24970 AMQ 51304 b
17841	17841	1 distinct offense. Any failure by any member of the Division
17842	17842	2 Board to make public any violation of this Act within a
17843	17843	3 reasonable time of learning thereof shall be punished as a
17844	17844	4 Class A misdemeanor and issuance of a license prior to
17845	17845	5 compliance with Section 20 shall be punishable as a Class A
17846	17846	6 misdemeanor.
17847	17847	7 (Source: P.A. 89-16, eff. 5-30-95.)
17848	17848	8 (230 ILCS 5/36) (from Ch. 8, par. 37-36)
17849	17849	9 Sec. 36. (a) Whoever administers or conspires to
17850	17850	10 administer to any horse a hypnotic, narcotic, stimulant,
17851	17851	11 depressant or any chemical substance which may affect the
17852	17852	12 speed of a horse at any time in any race where the purse or any
17853	17853	13 part of the purse is made of money authorized by any Section of
17854	17854	14 this Act, except those chemical substances permitted by ruling
17855	17855	15 of the Director Board, internally, externally or by hypodermic
17856	17856	16 method in a race or prior thereto, or whoever knowingly enters
17857	17857	17 a horse in any race within a period of 24 hours after any
17858	17858	18 hypnotic, narcotic, stimulant, depressant or any other
17859	17859	19 chemical substance which may affect the speed of a horse at any
17860	17860	20 time, except those chemical substances permitted by ruling of
17861	17861	21 the Director Board, has been administered to such horse either
17862	17862	22 internally or externally or by hypodermic method for the
17863	17863	23 purpose of increasing or retarding the speed of such horse
17864	17864	24 shall be guilty of a Class 4 felony. The Division Board shall
17865	17865	25 suspend or revoke such violator's license.
17866	17866
17867	17867
17868	17868
17869	17869
17870	17870
17871	17871	SB0280 - 500 - LRB103 24970 AMQ 51304 b
17872	17872
17873	17873
17874	17874	SB0280- 501 -LRB103 24970 AMQ 51304 b SB0280 - 501 - LRB103 24970 AMQ 51304 b
17875	17875	SB0280 - 501 - LRB103 24970 AMQ 51304 b
17876	17876	1 (b) The term "hypnotic" as used in this Section includes
17877	17877	2 all barbituric acid preparations and derivatives.
17878	17878	3 (c) The term "narcotic" as used in this Section includes
17879	17879	4 opium and all its alkaloids, salts, preparations and
17880	17880	5 derivatives, cocaine and all its salts, preparations and
17881	17881	6 derivatives and substitutes.
17882	17882	7 (d) The provisions of this Section and the treatment
17883	17883	8 authorized in this Section apply to horses entered in and
17884	17884	9 competing in race meetings as defined in Section 3.07 of this
17885	17885	10 Act and to horses entered in and competing at any county fair.
17886	17886	11 (Source: P.A. 101-31, eff. 6-28-19.)
17887	17887	12 (230 ILCS 5/36a) (from Ch. 8, par. 37-36a)
17888	17888	13 Sec. 36a. (a) It is recognized that there are horses which
17889	17889	14 exhibit symptoms of epistaxis or respiratory tract hemorrhage
17890	17890	15 which with proper treatment are sound and able to compete in
17891	17891	16 races. The Division Board shall establish by rule the
17892	17892	17 appropriate standards for the administration of furosemide
17893	17893	18 (Lasix) or other Division-approved Board approved bleeder
17894	17894	19 medications in such circumstances.
17895	17895	20 (b) Every horse entered to race shall be placed in a
17896	17896	21 security area as designated by the Division Board. The
17897	17897	22 Division Board, in designating a security area, shall not
17898	17898	23 require that a horse be placed in a barn or stall other than
17899	17899	24 the barn or stall assigned to that horse by the racing
17900	17900	25 secretary. The barn or stall shall be posted as a security
17901	17901
17902	17902
17903	17903
17904	17904
17905	17905
17906	17906	SB0280 - 501 - LRB103 24970 AMQ 51304 b
17907	17907
17908	17908
17909	17909	SB0280- 502 -LRB103 24970 AMQ 51304 b SB0280 - 502 - LRB103 24970 AMQ 51304 b
17910	17910	SB0280 - 502 - LRB103 24970 AMQ 51304 b
17911	17911	1 area. The trainer of record shall be responsible for the
17912	17912	2 security of the horse and barn or stall area. The security area
17913	17913	3 shall be under the supervision of the Division Board.
17914	17914	4 No unauthorized person shall approach the security area.
17915	17915	5 If any unauthorized person does approach the security area, a
17916	17916	6 report of the incident is to be made immediately to one of the
17917	17917	7 State veterinarians or the stewards, or a board investigator.
17918	17918	8 The provisions of this Section 36a and the treatment
17919	17919	9 authorized herein shall apply to and be available only for
17920	17920	10 horses entered in and competing in race meetings as defined in
17921	17921	11 Section 3.07 of this Act.
17922	17922	12 (Source: P.A. 89-16, eff. 5-30-95.)
17923	17923	13 (230 ILCS 5/37) (from Ch. 8, par. 37-37)
17924	17924	14 Sec. 37. (a) It shall be unlawful for any person:
17925	17925	15 (1) to use or conspire to use any battery, buzzer,
17926	17926	16 electrical, mechanical or other appliances other than the
17927	17927	17 ordinary whip or spur for the purpose of stimulating or
17928	17928	18 depressing a horse or affecting its speed in a race or workout
17929	17929	19 or at any time; or
17930	17930	20 (2) to sponge a horse's nostrils or windpipe or use any
17931	17931	21 method injurious or otherwise for the purpose of stimulating
17932	17932	22 or depressing a horse or affecting its speed in a race or a
17933	17933	23 workout at any time; or
17934	17934	24 (3) to have in his possession within the confines of a race
17935	17935	25 track, sheds, buildings or grounds, or within the confines of
17936	17936
17937	17937
17938	17938
17939	17939
17940	17940
17941	17941	SB0280 - 502 - LRB103 24970 AMQ 51304 b
17942	17942
17943	17943
17944	17944	SB0280- 503 -LRB103 24970 AMQ 51304 b SB0280 - 503 - LRB103 24970 AMQ 51304 b
17945	17945	SB0280 - 503 - LRB103 24970 AMQ 51304 b
17946	17946	1 a stable, shed, building or ground where horses are kept which
17947	17947	2 are eligible to race over a race track of any racing
17948	17948	3 association or licensee, any appliance other than the ordinary
17949	17949	4 whip or spur which may or can be used for the purpose of
17950	17950	5 stimulating or depressing a horse or affecting its speed at
17951	17951	6 any time; or
17952	17952	7 (4) to have in his possession with the intent to sell, give
17953	17953	8 away or exchange any of such instrumentalities.
17954	17954	9 (b) Such possession of such instrumentalities by anyone
17955	17955	10 within the confines of a race track, stables, sheds, buildings
17956	17956	11 or grounds where horses are kept which are eligible to race
17957	17957	12 over the race tracks of any racing association or licensee
17958	17958	13 shall be prima facie evidence of intention to so use such
17959	17959	14 instrumentalities.
17960	17960	15 (c) Any persons who violate this Section shall be guilty
17961	17961	16 of a Class 4 felony. The Division Board shall suspend or revoke
17962	17962	17 such violator's license.
17963	17963	18 (Source: P.A. 79-1185.)
17964	17964	19 (230 ILCS 5/38) (from Ch. 8, par. 37-38)
17965	17965	20 Sec. 38. (a) It is unlawful for any person knowingly to
17966	17966	21 enter or cause to be entered any horse - mare, stallion,
17967	17967	22 gelding, colt or filly - for competition or knowingly to
17968	17968	23 compete with any horse - mare, stallion, gelding, colt or
17969	17969	24 filly -- entered for competition under any name other than its
17970	17970	25 true name or out of its proper class for any purse, prize,
17971	17971
17972	17972
17973	17973
17974	17974
17975	17975
17976	17976	SB0280 - 503 - LRB103 24970 AMQ 51304 b
17977	17977
17978	17978
17979	17979	SB0280- 504 -LRB103 24970 AMQ 51304 b SB0280 - 504 - LRB103 24970 AMQ 51304 b
17980	17980	SB0280 - 504 - LRB103 24970 AMQ 51304 b
17981	17981	1 premium, stake or sweepstakes offered or given by any
17982	17982	2 agricultural or other society, association or persons in the
17983	17983	3 State where such prize, purse, premium, stake or sweepstakes
17984	17984	4 is to be decided by a contest of speed.
17985	17985	5 (b) Any person who violates this Section is guilty of a
17986	17986	6 Class 4 felony. The Division Board shall suspend or revoke the
17987	17987	7 violator's license.
17988	17988	8 (c) The true name of any horse -- mare, stallion, gelding,
17989	17989	9 colt or filly -- for the purpose of entry for competition or
17990	17990	10 performance in any contest of speed shall be the name under
17991	17991	11 which the horse has publicly performed and shall not be
17992	17992	12 changed after having once so performed or contested for a
17993	17993	13 prize, purse, premium, stake or sweepstakes, except as
17994	17994	14 provided by the code of printed rules of the society or
17995	17995	15 association under which the contest is advertised to be
17996	17996	16 conducted.
17997	17997	17 (d) It is further provided that the official records shall
17998	17998	18 be received in all courts as evidence upon the trial of any
17999	17999	19 person under this Section.
18000	18000	20 (Source: P.A. 79-1185.)
18001	18001	21 (230 ILCS 5/39) (from Ch. 8, par. 37-39)
18002	18002	22 Sec. 39. (a) It shall be unlawful for any person to engage
18003	18003	23 directly or indirectly or for any person to conspire with or to
18004	18004	24 aid, assist or abet any other person in the engagement or
18005	18005	25 commission of any corrupt act or practice, including, but not
18006	18006
18007	18007
18008	18008
18009	18009
18010	18010
18011	18011	SB0280 - 504 - LRB103 24970 AMQ 51304 b
18012	18012
18013	18013
18014	18014	SB0280- 505 -LRB103 24970 AMQ 51304 b SB0280 - 505 - LRB103 24970 AMQ 51304 b
18015	18015	SB0280 - 505 - LRB103 24970 AMQ 51304 b
18016	18016	1 limited to:
18017	18017	2 (1) the giving or offering or promising to give,
18018	18018	3 directly or indirectly, a bribe in any form to any public
18019	18019	4 official or person having official duties in relation to
18020	18020	5 any race or race horse or to any trainer, jockey or agent
18021	18021	6 or to any other person having charge of, or access to, any
18022	18022	7 race horse;
18023	18023	8 (2) the passing or attempting to pass or the cashing
18024	18024	9 or attempting to cash any altered or fraudulent mutuel
18025	18025	10 ticket;
18026	18026	11 (3) the unauthorized sale or the attempt to make an
18027	18027	12 unauthorized sale of any race track admission ticket.
18028	18028	13 (b) Any person who violates this Section is guilty of a
18029	18029	14 Class 4 felony.
18030	18030	15 (c) If any person who violates this Section is licensed
18031	18031	16 under this Act, the Division Board shall suspend or revoke the
18032	18032	17 organization or occupation license of that person, in addition
18033	18033	18 to the penalty and fine imposed in subsection (b).
18034	18034	19 (Source: P.A. 89-16, eff. 5-30-95.)
18035	18035	20 (230 ILCS 5/40) (from Ch. 8, par. 37-40)
18036	18036	21 Sec. 40. (a) The imposition of any fine or penalty
18037	18037	22 provided in this Act shall not preclude the Division Board in
18038	18038	23 its rules and regulations from imposing a fine or penalty for
18039	18039	24 any other action which, in the Division's Board's discretion,
18040	18040	25 is a detriment or impediment to horse racing.
18041	18041
18042	18042
18043	18043
18044	18044
18045	18045
18046	18046	SB0280 - 505 - LRB103 24970 AMQ 51304 b
18047	18047
18048	18048
18049	18049	SB0280- 506 -LRB103 24970 AMQ 51304 b SB0280 - 506 - LRB103 24970 AMQ 51304 b
18050	18050	SB0280 - 506 - LRB103 24970 AMQ 51304 b
18051	18051	1 (b) The Director of Agriculture or his or her authorized
18052	18052	2 representative shall impose the following monetary penalties
18053	18053	3 and hold administrative hearings as required for failure to
18054	18054	4 submit the following applications, lists, or reports within
18055	18055	5 the time period, date or manner required by statute or rule or
18056	18056	6 for removing a foal from Illinois prior to inspection:
18057	18057	7 (1) late filing of a renewal application for offering
18058	18058	8 or standing stallion for service:
18059	18059	9 (A) if an application is submitted no more than 30
18060	18060	10 days late, $50;
18061	18061	11 (B) if an application is submitted no more than 45
18062	18062	12 days late, $150; or
18063	18063	13 (C) if an application is submitted more than 45
18064	18064	14 days late, if filing of the application is allowed
18065	18065	15 under an administrative hearing, $250;
18066	18066	16 (2) late filing of list or report of mares bred:
18067	18067	17 (A) if a list or report is submitted no more than
18068	18068	18 30 days late, $50;
18069	18069	19 (B) if a list or report is submitted no more than
18070	18070	20 60 days late, $150; or
18071	18071	21 (C) if a list or report is submitted more than 60
18072	18072	22 days late, if filing of the list or report is allowed
18073	18073	23 under an administrative hearing, $250;
18074	18074	24 (3) filing an Illinois foaled thoroughbred mare status
18075	18075	25 report after the statutory deadline as provided in
18076	18076	26 subsection (k) of Section 30 of this Act:
18077	18077
18078	18078
18079	18079
18080	18080
18081	18081
18082	18082	SB0280 - 506 - LRB103 24970 AMQ 51304 b
18083	18083
18084	18084
18085	18085	SB0280- 507 -LRB103 24970 AMQ 51304 b SB0280 - 507 - LRB103 24970 AMQ 51304 b
18086	18086	SB0280 - 507 - LRB103 24970 AMQ 51304 b
18087	18087	1 (A) if a report is submitted no more than 30 days
18088	18088	2 late, $50;
18089	18089	3 (B) if a report is submitted no more than 90 days
18090	18090	4 late, $150;
18091	18091	5 (C) if a report is submitted no more than 150 days
18092	18092	6 late, $250; or
18093	18093	7 (D) if a report is submitted more than 150 days
18094	18094	8 late, if filing of the report is allowed under an
18095	18095	9 administrative hearing, $500;
18096	18096	10 (4) late filing of application for foal eligibility
18097	18097	11 certificate:
18098	18098	12 (A) if an application is submitted no more than 30
18099	18099	13 days late, $50;
18100	18100	14 (B) if an application is submitted no more than 90
18101	18101	15 days late, $150;
18102	18102	16 (C) if an application is submitted no more than
18103	18103	17 150 days late, $250; or
18104	18104	18 (D) if an application is submitted more than 150
18105	18105	19 days late, if filing of the application is allowed
18106	18106	20 under an administrative hearing, $500;
18107	18107	21 (5) failure to report the intent to remove a foal from
18108	18108	22 Illinois prior to inspection, identification and
18109	18109	23 certification by a Department of Agriculture investigator,
18110	18110	24 $50; and
18111	18111	25 (6) if a list or report of mares bred is incomplete,
18112	18112	26 $50 per mare not included on the list or report.
18113	18113
18114	18114
18115	18115
18116	18116
18117	18117
18118	18118	SB0280 - 507 - LRB103 24970 AMQ 51304 b
18119	18119
18120	18120
18121	18121	SB0280- 508 -LRB103 24970 AMQ 51304 b SB0280 - 508 - LRB103 24970 AMQ 51304 b
18122	18122	SB0280 - 508 - LRB103 24970 AMQ 51304 b
18123	18123	1 Any person upon whom monetary penalties are imposed under
18124	18124	2 this Section 3 times within a 5-year period shall have any
18125	18125	3 further monetary penalties imposed at double the amounts set
18126	18126	4 forth above. All monies assessed and collected for violations
18127	18127	5 relating to thoroughbreds shall be paid into the Illinois
18128	18128	6 Thoroughbred Breeders Fund. All monies assessed and collected
18129	18129	7 for violations relating to standardbreds shall be paid into
18130	18130	8 the Illinois Standardbred Breeders Fund.
18131	18131	9 (Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19.)
18132	18132	10 (230 ILCS 5/45) (from Ch. 8, par. 37-45)
18133	18133	11 Sec. 45. It shall be the duty of the Attorney General and
18134	18134	12 the various State's attorneys in this State in cooperation
18135	18135	13 with the Illinois State Police to enforce this Act. The
18136	18136	14 Governor may, upon request of the Illinois State Police, order
18137	18137	15 the law enforcing officers of the various cities and counties
18138	18138	16 to assign a sufficient number of deputies to aid members of the
18139	18139	17 Illinois State Police in preventing horse racing at any track
18140	18140	18 within the respective jurisdiction of such cities or counties
18141	18141	19 an organization license for which has been refused, suspended
18142	18142	20 or revoked by the Division Board. The Governor may similarly
18143	18143	21 assign such deputies to aid the Illinois State Police when, by
18144	18144	22 his determination, additional forces are needed to preserve
18145	18145	23 the health, welfare or safety of any person or animal within
18146	18146	24 the grounds of any race track in the State.
18147	18147	25 (Source: P.A. 102-538, eff. 8-20-21.)
18148	18148
18149	18149
18150	18150
18151	18151
18152	18152
18153	18153	SB0280 - 508 - LRB103 24970 AMQ 51304 b
18154	18154
18155	18155
18156	18156	SB0280- 509 -LRB103 24970 AMQ 51304 b SB0280 - 509 - LRB103 24970 AMQ 51304 b
18157	18157	SB0280 - 509 - LRB103 24970 AMQ 51304 b
18158	18158	1 (230 ILCS 5/46) (from Ch. 8, par. 37-46)
18159	18159	2 Sec. 46. All final decisions of the Director or the
18160	18160	3 Division Board hereunder shall be subject to judicial review
18161	18161	4 pursuant to the provisions of the "Administrative Review Law",
18162	18162	5 as now or hereafter amended, and the rules adopted pursuant
18163	18163	6 thereto. The term "administrative decision" is as defined in
18164	18164	7 Section 3-101 of the Administrative Review Law, as now or
18165	18165	8 hereafter amended.
18166	18166	9 (Source: P.A. 83-1539.)
18167	18167	10 (230 ILCS 5/49) (from Ch. 8, par. 37-49)
18168	18168	11 Sec. 49. The General Assembly declares that it is the
18169	18169	12 policy of this State to foster the running of the Hambletonian
18170	18170	13 Stakes in Illinois. Should the Hambletonian stakes no longer
18171	18171	14 be run in Illinois then it is the policy of the State to foster
18172	18172	15 a race or races at the DuQuoin State Fair, the Illinois State
18173	18173	16 Fair, and the Illinois county fairs for the benefit of the
18174	18174	17 harness horse racing industry. In order to further this
18175	18175	18 policy, the Division Board shall keep a record of the moneys
18176	18176	19 deposited in the Agricultural Premium Fund which are derived
18177	18177	20 from the third and fourth races conducted on each Friday and
18178	18178	21 Saturday during each harness racing meeting licensed under
18179	18179	22 this Act, provided that each such Friday and Saturday program
18180	18180	23 has at least 11 races. Each year, from the moneys in the
18181	18181	24 Agricultural Premium Fund provided from such races, an
18182	18182
18183	18183
18184	18184
18185	18185
18186	18186
18187	18187	SB0280 - 509 - LRB103 24970 AMQ 51304 b
18188	18188
18189	18189
18190	18190	SB0280- 510 -LRB103 24970 AMQ 51304 b SB0280 - 510 - LRB103 24970 AMQ 51304 b
18191	18191	SB0280 - 510 - LRB103 24970 AMQ 51304 b
18192	18192	1 appropriation shall be made to the Department of Agriculture
18193	18193	2 to be used to supplement the purses offered for, and for other
18194	18194	3 expenses in connection with, the Hambletonian Stakes or other
18195	18195	4 harness races as authorized in this Section.
18196	18196	5 (Source: P.A. 86-1458.)
18197	18197	6 (230 ILCS 5/51) (from Ch. 8, par. 37-51)
18198	18198	7 Sec. 51. (a) (Blank).
18199	18199	8 (b) All proceedings respecting acts done before the
18200	18200	9 effective date of this Act shall be determined in accordance
18201	18201	10 with law and regulations enforced at the time the acts
18202	18202	11 occurred. All proceedings instituted for actions taken after
18203	18203	12 the effective date of this Act shall be governed by this Act.
18204	18204	13 (c) All rules and regulations of the Division Board
18205	18205	14 relating to subjects embraced by this Act shall remain in full
18206	18206	15 force and effect unless repealed, amended or superseded by
18207	18207	16 rules and regulations issued under this Act.
18208	18208	17 (d) All orders entered, licenses granted, and pending
18209	18209	18 proceedings instituted by the Division Board relating to
18210	18210	19 subjects embraced within this Act shall remain in full force
18211	18211	20 and effect until superseded by actions taken under this Act.
18212	18212	21 (Source: P.A. 89-16, eff. 5-30-95.)
18213	18213	22 (230 ILCS 5/54.75)
18214	18214	23 Sec. 54.75. Horse Racing Equity Trust Fund.
18215	18215	24 (a) There is created a Fund to be known as the Horse Racing
18216	18216
18217	18217
18218	18218
18219	18219
18220	18220
18221	18221	SB0280 - 510 - LRB103 24970 AMQ 51304 b
18222	18222
18223	18223
18224	18224	SB0280- 511 -LRB103 24970 AMQ 51304 b SB0280 - 511 - LRB103 24970 AMQ 51304 b
18225	18225	SB0280 - 511 - LRB103 24970 AMQ 51304 b
18226	18226	1 Equity Trust Fund, which is a non-appropriated trust fund held
18227	18227	2 separate and apart from State moneys. The Fund shall consist
18228	18228	3 of moneys paid into it by owners licensees under the Illinois
18229	18229	4 Gambling Act for the purposes described in this Section. The
18230	18230	5 Fund shall be administered by the Division Board. Moneys in
18231	18231	6 the Fund shall be distributed as directed and certified by the
18232	18232	7 Division Board in accordance with the provisions of subsection
18233	18233	8 (b).
18234	18234	9 (b) The moneys deposited into the Fund, plus any accrued
18235	18235	10 interest on those moneys, shall be distributed within 10 days
18236	18236	11 after those moneys are deposited into the Fund as follows:
18237	18237	12 (1) Sixty percent of all moneys distributed under this
18238	18238	13 subsection shall be distributed to organization licensees
18239	18239	14 to be distributed at their race meetings as purses.
18240	18240	15 Fifty-seven percent of the amount distributed under this
18241	18241	16 paragraph (1) shall be distributed for thoroughbred race
18242	18242	17 meetings and 43% shall be distributed for standardbred
18243	18243	18 race meetings. Within each breed, moneys shall be
18244	18244	19 allocated to each organization licensee's purse fund in
18245	18245	20 accordance with the ratio between the purses generated for
18246	18246	21 that breed by that licensee during the prior calendar year
18247	18247	22 and the total purses generated throughout the State for
18248	18248	23 that breed during the prior calendar year by licensees in
18249	18249	24 the current calendar year.
18250	18250	25 (2) The remaining 40% of the moneys distributed under
18251	18251	26 this subsection (b) shall be distributed as follows:
18252	18252
18253	18253
18254	18254
18255	18255
18256	18256
18257	18257	SB0280 - 511 - LRB103 24970 AMQ 51304 b
18258	18258
18259	18259
18260	18260	SB0280- 512 -LRB103 24970 AMQ 51304 b SB0280 - 512 - LRB103 24970 AMQ 51304 b
18261	18261	SB0280 - 512 - LRB103 24970 AMQ 51304 b
18262	18262	1 (A) 11% shall be distributed to any person (or its
18263	18263	2 successors or assigns) who had operating control of a
18264	18264	3 racetrack that conducted live racing in 2002 at a
18265	18265	4 racetrack in a county with at least 230,000
18266	18266	5 inhabitants that borders the Mississippi River and is
18267	18267	6 a licensee in the current year; and
18268	18268	7 (B) the remaining 89% shall be distributed pro
18269	18269	8 rata according to the aggregate proportion of total
18270	18270	9 handle from wagering on live races conducted in
18271	18271	10 Illinois (irrespective of where the wagers are placed)
18272	18272	11 for calendar years 2004 and 2005 to any person (or its
18273	18273	12 successors or assigns) who (i) had majority operating
18274	18274	13 control of a racing facility at which live racing was
18275	18275	14 conducted in calendar year 2002, (ii) is a licensee in
18276	18276	15 the current year, and (iii) is not eligible to receive
18277	18277	16 moneys under subparagraph (A) of this paragraph (2).
18278	18278	17 The moneys received by an organization licensee
18279	18279	18 under this paragraph (2) shall be used by each
18280	18280	19 organization licensee to improve, maintain, market,
18281	18281	20 and otherwise operate its racing facilities to conduct
18282	18282	21 live racing, which shall include backstretch services
18283	18283	22 and capital improvements related to live racing and
18284	18284	23 the backstretch. Any organization licensees sharing
18285	18285	24 common ownership may pool the moneys received and
18286	18286	25 spent at all racing facilities commonly owned in order
18287	18287	26 to meet these requirements.
18288	18288
18289	18289
18290	18290
18291	18291
18292	18292
18293	18293	SB0280 - 512 - LRB103 24970 AMQ 51304 b
18294	18294
18295	18295
18296	18296	SB0280- 513 -LRB103 24970 AMQ 51304 b SB0280 - 513 - LRB103 24970 AMQ 51304 b
18297	18297	SB0280 - 513 - LRB103 24970 AMQ 51304 b
18298	18298	1 If any person identified in this paragraph (2) becomes
18299	18299	2 ineligible to receive moneys from the Fund, such amount
18300	18300	3 shall be redistributed among the remaining persons in
18301	18301	4 proportion to their percentages otherwise calculated.
18302	18302	5 (c) The Division Board shall monitor organization
18303	18303	6 licensees to ensure that moneys paid to organization licensees
18304	18304	7 under this Section are distributed by the organization
18305	18305	8 licensees as provided in subsection (b).
18306	18306	9 (Source: P.A. 101-31, eff. 6-28-19.)
18307	18307	10 (230 ILCS 5/56)
18308	18308	11 Sec. 56. Gaming pursuant to an organization gaming
18309	18309	12 license.
18310	18310	13 (a) A person, firm, corporation, partnership, or limited
18311	18311	14 liability company having operating control of a racetrack may
18312	18312	15 apply to the Department of Lottery and Gaming Board for an
18313	18313	16 organization gaming license. An organization gaming license
18314	18314	17 shall authorize its holder to conduct gaming on the grounds of
18315	18315	18 the racetrack of which the organization gaming licensee has
18316	18316	19 operating control. Only one organization gaming license may be
18317	18317	20 awarded for any racetrack. A holder of an organization gaming
18318	18318	21 license shall be subject to the Illinois Gambling Act and
18319	18319	22 rules of the Department of Lottery and Gaming Illinois Gaming
18320	18320	23 Board concerning gaming pursuant to an organization gaming
18321	18321	24 license issued under the Illinois Gambling Act. If the person,
18322	18322	25 firm, corporation, or limited liability company having
18323	18323
18324	18324
18325	18325
18326	18326
18327	18327
18328	18328	SB0280 - 513 - LRB103 24970 AMQ 51304 b
18329	18329
18330	18330
18331	18331	SB0280- 514 -LRB103 24970 AMQ 51304 b SB0280 - 514 - LRB103 24970 AMQ 51304 b
18332	18332	SB0280 - 514 - LRB103 24970 AMQ 51304 b
18333	18333	1 operating control of a racetrack is found by the Department of
18334	18334	2 Lottery and Gaming Illinois Gaming Board to be unsuitable for
18335	18335	3 an organization gaming license under the Illinois Gambling Act
18336	18336	4 and rules of the Department of Lottery and Gaming Board, that
18337	18337	5 person, firm, corporation, or limited liability company shall
18338	18338	6 not be granted an organization gaming license. Each license
18339	18339	7 shall specify the number of gaming positions that its holder
18340	18340	8 may operate.
18341	18341	9 An organization gaming licensee may not permit patrons
18342	18342	10 under 21 years of age to be present in its organization gaming
18343	18343	11 facility, but the licensee may accept wagers on live racing
18344	18344	12 and inter-track wagers at its organization gaming facility.
18345	18345	13 (b) For purposes of this subsection, "adjusted gross
18346	18346	14 receipts" means an organization gaming licensee's gross
18347	18347	15 receipts less winnings paid to wagerers and shall also include
18348	18348	16 any amounts that would otherwise be deducted pursuant to
18349	18349	17 subsection (a-9) of Section 13 of the Illinois Gambling Act.
18350	18350	18 The adjusted gross receipts by an organization gaming licensee
18351	18351	19 from gaming pursuant to an organization gaming license issued
18352	18352	20 under the Illinois Gambling Act remaining after the payment of
18353	18353	21 taxes under Section 13 of the Illinois Gambling Act shall be
18354	18354	22 distributed as follows:
18355	18355	23 (1) Amounts shall be paid to the purse account at the
18356	18356	24 track at which the organization licensee is conducting
18357	18357	25 racing equal to the following:
18358	18358	26 12.75% of annual adjusted gross receipts up to and
18359	18359
18360	18360
18361	18361
18362	18362
18363	18363
18364	18364	SB0280 - 514 - LRB103 24970 AMQ 51304 b
18365	18365
18366	18366
18367	18367	SB0280- 515 -LRB103 24970 AMQ 51304 b SB0280 - 515 - LRB103 24970 AMQ 51304 b
18368	18368	SB0280 - 515 - LRB103 24970 AMQ 51304 b
18369	18369	1 including $93,000,000;
18370	18370	2 20% of annual adjusted gross receipts in excess of
18371	18371	3 $93,000,000 but not exceeding $100,000,000;
18372	18372	4 26.5% of annual adjusted gross receipts in excess
18373	18373	5 of $100,000,000 but not exceeding $125,000,000; and
18374	18374	6 20.5% of annual adjusted gross receipts in excess
18375	18375	7 of $125,000,000.
18376	18376	8 If 2 different breeds race at the same racetrack in
18377	18377	9 the same calendar year, the purse moneys allocated under
18378	18378	10 this subsection (b) shall be divided pro rata based on
18379	18379	11 live racing days awarded by the Division Board to that
18380	18380	12 race track for each breed. However, the ratio may not
18381	18381	13 exceed 60% for either breed, except if one breed is
18382	18382	14 awarded fewer than 20 live racing days, in which case the
18383	18383	15 purse moneys allocated shall be divided pro rata based on
18384	18384	16 live racing days.
18385	18385	17 (2) The remainder shall be retained by the
18386	18386	18 organization gaming licensee.
18387	18387	19 (c) Annually, from the purse account of an organization
18388	18388	20 licensee racing thoroughbred horses in this State, except for
18389	18389	21 in Madison County, an amount equal to 12% of the gaming
18390	18390	22 receipts from gaming pursuant to an organization gaming
18391	18391	23 license placed into the purse accounts shall be paid to the
18392	18392	24 Illinois Thoroughbred Breeders Fund and shall be used for
18393	18393	25 owner awards; a stallion program pursuant to paragraph (3) of
18394	18394	26 subsection (g) of Section 30 of this Act; and Illinois
18395	18395
18396	18396
18397	18397
18398	18398
18399	18399
18400	18400	SB0280 - 515 - LRB103 24970 AMQ 51304 b
18401	18401
18402	18402
18403	18403	SB0280- 516 -LRB103 24970 AMQ 51304 b SB0280 - 516 - LRB103 24970 AMQ 51304 b
18404	18404	SB0280 - 516 - LRB103 24970 AMQ 51304 b
18405	18405	1 conceived and foaled stakes races pursuant to paragraph (2) of
18406	18406	2 subsection (g) of Section 30 of this Act, as specifically
18407	18407	3 designated by the horsemen association representing the
18408	18408	4 largest number of owners and trainers who race at the
18409	18409	5 organization licensee's race meetings.
18410	18410	6 Annually, from the purse account of an organization
18411	18411	7 licensee racing thoroughbred horses in Madison County, an
18412	18412	8 amount equal to 10% of the gaming receipts from gaming
18413	18413	9 pursuant to an organization gaming license placed into the
18414	18414	10 purse accounts shall be paid to the Illinois Thoroughbred
18415	18415	11 Breeders Fund and shall be used for owner awards; a stallion
18416	18416	12 program pursuant to paragraph (3) of subsection (g) of Section
18417	18417	13 30 of this Act; and Illinois conceived and foaled stakes races
18418	18418	14 pursuant to paragraph (2) of subsection (g) of Section 30 of
18419	18419	15 this Act, as specifically designated by the horsemen
18420	18420	16 association representing the largest number of owners and
18421	18421	17 trainers who race at the organization licensee's race
18422	18422	18 meetings.
18423	18423	19 Annually, from the amounts generated for purses from all
18424	18424	20 sources, including, but not limited to, amounts generated from
18425	18425	21 wagering conducted by organization licensees, organization
18426	18426	22 gaming licensees, inter-track wagering licensees, inter-track
18427	18427	23 wagering locations licensees, and advance deposit wagering
18428	18428	24 licensees, or an organization licensee to the purse account of
18429	18429	25 an organization licensee conducting thoroughbred races at a
18430	18430	26 track in Madison County, an amount equal to 10% of adjusted
18431	18431
18432	18432
18433	18433
18434	18434
18435	18435
18436	18436	SB0280 - 516 - LRB103 24970 AMQ 51304 b
18437	18437
18438	18438
18439	18439	SB0280- 517 -LRB103 24970 AMQ 51304 b SB0280 - 517 - LRB103 24970 AMQ 51304 b
18440	18440	SB0280 - 517 - LRB103 24970 AMQ 51304 b
18441	18441	1 gross receipts as defined in subsection (b) of this Section
18442	18442	2 shall be paid to the horsemen association representing the
18443	18443	3 largest number of owners and trainers who race at the
18444	18444	4 organization licensee's race meets, to be used to for
18445	18445	5 operational expenses and may be also used for after care
18446	18446	6 programs for retired thoroughbred race horses, backstretch
18447	18447	7 laundry and kitchen facilities, a health insurance or
18448	18448	8 retirement program, the Future Farmers of America, and such
18449	18449	9 other programs.
18450	18450	10 Annually, from the purse account of organization licensees
18451	18451	11 conducting thoroughbred races at racetracks in Cook County,
18452	18452	12 $100,000 shall be paid for division and equal distribution to
18453	18453	13 the animal sciences department of each Illinois public
18454	18454	14 university system engaged in equine research and education on
18455	18455	15 or before the effective date of this amendatory Act of the
18456	18456	16 101st General Assembly for equine research and education.
18457	18457	17 (d) Annually, from the purse account of an organization
18458	18458	18 licensee racing standardbred horses, an amount equal to 15% of
18459	18459	19 the gaming receipts from gaming pursuant to an organization
18460	18460	20 gaming license placed into that purse account shall be paid to
18461	18461	21 the Illinois Standardbred Breeders Fund. Moneys deposited into
18462	18462	22 the Illinois Standardbred Breeders Fund shall be used for
18463	18463	23 standardbred racing as authorized in paragraphs 1, 2, 3, 8,
18464	18464	24 and 9 of subsection (g) of Section 31 of this Act and for bonus
18465	18465	25 awards as authorized under paragraph 6 of subsection (j) of
18466	18466	26 Section 31 of this Act.
18467	18467
18468	18468
18469	18469
18470	18470
18471	18471
18472	18472	SB0280 - 517 - LRB103 24970 AMQ 51304 b
18473	18473
18474	18474
18475	18475	SB0280- 518 -LRB103 24970 AMQ 51304 b SB0280 - 518 - LRB103 24970 AMQ 51304 b
18476	18476	SB0280 - 518 - LRB103 24970 AMQ 51304 b
18477	18477	1 (Source: P.A. 101-31, eff. 6-28-19.)
18478	18478	2 (230 ILCS 5/5 rep.)
18479	18479	3 (230 ILCS 5/6 rep.)
18480	18480	4 (230 ILCS 5/7 rep.)
18481	18481	5 (230 ILCS 5/8 rep.)
18482	18482	6 Section 135. The Illinois Horse Racing Act of 1975 is
18483	18483	7 amended by repealing Sections 5, 6, 7, and 8.
18484	18484	8 Section 140. The Illinois Gambling Act is amended by
18485	18485	9 changing Sections 2, 4, 5, 5.1, 5.2, 5.3, 6, 7, 7.1, 7.3, 7.4,
18486	18486	10 7.5, 7.6, 7.7, 7.10, 7.11, 7.12, 8, 9, 10, 11, 11.2, 12, 13,
18487	18487	11 13.05, 14, 15, 16, 17, 17.1, 18, 18.1, and 22 as follows:
18488	18488	12 (230 ILCS 10/2) (from Ch. 120, par. 2402)
18489	18489	13 Sec. 2. Legislative intent.
18490	18490	14 (a) This Act is intended to benefit the people of the State
18491	18491	15 of Illinois by assisting economic development, promoting
18492	18492	16 Illinois tourism, and increasing the amount of revenues
18493	18493	17 available to the State to assist and support education, and to
18494	18494	18 defray State expenses.
18495	18495	19 (b) While authorization of riverboat and casino gambling
18496	18496	20 will enhance investment, beautification, development and
18497	18497	21 tourism in Illinois, it is recognized that it will do so
18498	18498	22 successfully only if public confidence and trust in the
18499	18499	23 credibility and integrity of the gambling operations and the
18500	18500
18501	18501
18502	18502
18503	18503
18504	18504
18505	18505	SB0280 - 518 - LRB103 24970 AMQ 51304 b
18506	18506
18507	18507
18508	18508	SB0280- 519 -LRB103 24970 AMQ 51304 b SB0280 - 519 - LRB103 24970 AMQ 51304 b
18509	18509	SB0280 - 519 - LRB103 24970 AMQ 51304 b
18510	18510	1 regulatory process is maintained. Therefore, regulatory
18511	18511	2 provisions of this Act are designed to strictly regulate the
18512	18512	3 facilities, persons, associations and practices related to
18513	18513	4 gambling operations pursuant to the police powers of the
18514	18514	5 State, including comprehensive law enforcement supervision.
18515	18515	6 (c) The Division of Casino Gambling of the Department of
18516	18516	7 Lottery and Gaming Illinois Gaming Board established under
18517	18517	8 this Act should, as soon as possible, inform each applicant
18518	18518	9 for an owners license of the Division's Board's intent to
18519	18519	10 grant or deny a license.
18520	18520	11 (Source: P.A. 101-31, eff. 6-28-19.)
18521	18521	12 (230 ILCS 10/4) (from Ch. 120, par. 2404)
18522	18522	13 Sec. 4. Definitions. As used in this Act:
18523	18523	14 "Board" means the Illinois Gaming Board.
18524	18524	15 "Director" means the Director of the Division of Casino
18525	18525	16 Gaming of the Department of Lottery and Gaming.
18526	18526	17 "Division" means the Division of Casino Gambling of the
18527	18527	18 Department of Lottery and Gaming.
18528	18528	19 "Occupational license" means a license issued by the
18529	18529	20 Division Board to a person or entity to perform an occupation
18530	18530	21 which the Division Board has identified as requiring a license
18531	18531	22 to engage in riverboat gambling, casino gambling, or gaming
18532	18532	23 pursuant to an organization gaming license issued under this
18533	18533	24 Act in Illinois.
18534	18534	25 "Gambling game" includes, but is not limited to, baccarat,
18535	18535
18536	18536
18537	18537
18538	18538
18539	18539
18540	18540	SB0280 - 519 - LRB103 24970 AMQ 51304 b
18541	18541
18542	18542
18543	18543	SB0280- 520 -LRB103 24970 AMQ 51304 b SB0280 - 520 - LRB103 24970 AMQ 51304 b
18544	18544	SB0280 - 520 - LRB103 24970 AMQ 51304 b
18545	18545	1 twenty-one, poker, craps, slot machine, video game of chance,
18546	18546	2 roulette wheel, klondike table, punchboard, faro layout, keno
18547	18547	3 layout, numbers ticket, push card, jar ticket, or pull tab
18548	18548	4 which is authorized by the Division Board as a wagering device
18549	18549	5 under this Act.
18550	18550	6 "Riverboat" means a self-propelled excursion boat, a
18551	18551	7 permanently moored barge, or permanently moored barges that
18552	18552	8 are permanently fixed together to operate as one vessel, on
18553	18553	9 which lawful gambling is authorized and licensed as provided
18554	18554	10 in this Act.
18555	18555	11 "Slot machine" means any mechanical, electrical, or other
18556	18556	12 device, contrivance, or machine that is authorized by the
18557	18557	13 Division Board as a wagering device under this Act which, upon
18558	18558	14 insertion of a coin, currency, token, or similar object
18559	18559	15 therein, or upon payment of any consideration whatsoever, is
18560	18560	16 available to play or operate, the play or operation of which
18561	18561	17 may deliver or entitle the person playing or operating the
18562	18562	18 machine to receive cash, premiums, merchandise, tokens, or
18563	18563	19 anything of value whatsoever, whether the payoff is made
18564	18564	20 automatically from the machine or in any other manner
18565	18565	21 whatsoever. A slot machine:
18566	18566	22 (1) may utilize spinning reels or video displays or
18567	18567	23 both;
18568	18568	24 (2) may or may not dispense coins, tickets, or tokens
18569	18569	25 to winning patrons;
18570	18570	26 (3) may use an electronic credit system for receiving
18571	18571
18572	18572
18573	18573
18574	18574
18575	18575
18576	18576	SB0280 - 520 - LRB103 24970 AMQ 51304 b
18577	18577
18578	18578
18579	18579	SB0280- 521 -LRB103 24970 AMQ 51304 b SB0280 - 521 - LRB103 24970 AMQ 51304 b
18580	18580	SB0280 - 521 - LRB103 24970 AMQ 51304 b
18581	18581	1 wagers and making payouts; and
18582	18582	2 (4) may simulate a table game.
18583	18583	3 "Slot machine" does not include table games authorized by
18584	18584	4 the Division Board as a wagering device under this Act.
18585	18585	5 "Managers license" means a license issued by the Division
18586	18586	6 Board to a person or entity to manage gambling operations
18587	18587	7 conducted by the State pursuant to Section 7.3.
18588	18588	8 "Dock" means the location where a riverboat moors for the
18589	18589	9 purpose of embarking passengers for and disembarking
18590	18590	10 passengers from the riverboat.
18591	18591	11 "Gross receipts" means the total amount of money exchanged
18592	18592	12 for the purchase of chips, tokens, or electronic cards by
18593	18593	13 riverboat patrons.
18594	18594	14 "Adjusted gross receipts" means the gross receipts less
18595	18595	15 winnings paid to wagerers.
18596	18596	16 "Cheat" means to alter the selection of criteria which
18597	18597	17 determine the result of a gambling game or the amount or
18598	18598	18 frequency of payment in a gambling game.
18599	18599	19 "Gambling operation" means the conduct of gambling games
18600	18600	20 authorized under this Act upon a riverboat or in a casino or
18601	18601	21 authorized under this Act and the Illinois Horse Racing Act of
18602	18602	22 1975 at an organization gaming facility.
18603	18603	23 "License bid" means the lump sum amount of money that an
18604	18604	24 applicant bids and agrees to pay the State in return for an
18605	18605	25 owners license that is issued or re-issued on or after July 1,
18606	18606	26 2003.
18607	18607
18608	18608
18609	18609
18610	18610
18611	18611
18612	18612	SB0280 - 521 - LRB103 24970 AMQ 51304 b
18613	18613
18614	18614
18615	18615	SB0280- 522 -LRB103 24970 AMQ 51304 b SB0280 - 522 - LRB103 24970 AMQ 51304 b
18616	18616	SB0280 - 522 - LRB103 24970 AMQ 51304 b
18617	18617	1 "Table game" means a live gaming apparatus upon which
18618	18618	2 gaming is conducted or that determines an outcome that is the
18619	18619	3 object of a wager, including, but not limited to, baccarat,
18620	18620	4 twenty-one, blackjack, poker, craps, roulette wheel, klondike
18621	18621	5 table, punchboard, faro layout, keno layout, numbers ticket,
18622	18622	6 push card, jar ticket, pull tab, or other similar games that
18623	18623	7 are authorized by the Division Board as a wagering device
18624	18624	8 under this Act. "Table game" does not include slot machines or
18625	18625	9 video games of chance.
18626	18626	10 The terms "minority person", "woman", and "person with a
18627	18627	11 disability" shall have the same meaning as defined in Section
18628	18628	12 2 of the Business Enterprise for Minorities, Women, and
18629	18629	13 Persons with Disabilities Act.
18630	18630	14 "Casino" means a facility at which lawful gambling is
18631	18631	15 authorized as provided in this Act.
18632	18632	16 "Owners license" means a license to conduct riverboat or
18633	18633	17 casino gambling operations, but does not include an
18634	18634	18 organization gaming license.
18635	18635	19 "Licensed owner" means a person who holds an owners
18636	18636	20 license.
18637	18637	21 "Organization gaming facility" means that portion of an
18638	18638	22 organization licensee's racetrack facilities at which gaming
18639	18639	23 authorized under Section 7.7 is conducted.
18640	18640	24 "Organization gaming license" means a license issued by
18641	18641	25 the Division Illinois Gaming Board under Section 7.7 of this
18642	18642	26 Act authorizing gaming pursuant to that Section at an
18643	18643
18644	18644
18645	18645
18646	18646
18647	18647
18648	18648	SB0280 - 522 - LRB103 24970 AMQ 51304 b
18649	18649
18650	18650
18651	18651	SB0280- 523 -LRB103 24970 AMQ 51304 b SB0280 - 523 - LRB103 24970 AMQ 51304 b
18652	18652	SB0280 - 523 - LRB103 24970 AMQ 51304 b
18653	18653	1 organization gaming facility.
18654	18654	2 "Organization gaming licensee" means an entity that holds
18655	18655	3 an organization gaming license.
18656	18656	4 "Organization licensee" means an entity authorized by the
18657	18657	5 Division of Horse Racing Illinois Racing Board to conduct
18658	18658	6 pari-mutuel wagering in accordance with the Illinois Horse
18659	18659	7 Racing Act of 1975. With respect only to gaming pursuant to an
18660	18660	8 organization gaming license, "organization licensee" includes
18661	18661	9 the authorization for gaming created under subsection (a) of
18662	18662	10 Section 56 of the Illinois Horse Racing Act of 1975.
18663	18663	11 (Source: P.A. 100-391, eff. 8-25-17; 101-31, eff. 6-28-19.)
18664	18664	12 (230 ILCS 10/5) (from Ch. 120, par. 2405)
18665	18665	13 Sec. 5. Division of Casino Gambling Gaming Board.
18666	18666	14 (a) (1) There is hereby established Division of Casino
18667	18667	15 Gaming of the Department of Lottery and Gaming the Illinois
18668	18668	16 Gaming Board, which shall have the powers and duties specified
18669	18669	17 in this Act, and all other powers necessary and proper to fully
18670	18670	18 and effectively execute this Act for the purpose of
18671	18671	19 administering, regulating, and enforcing the system of
18672	18672	20 riverboat and casino gambling established by this Act and
18673	18673	21 gaming pursuant to an organization gaming license issued under
18674	18674	22 this Act. Its jurisdiction shall extend under this Act to
18675	18675	23 every person, association, corporation, partnership and trust
18676	18676	24 involved in riverboat and casino gambling operations and
18677	18677	25 gaming pursuant to an organization gaming license issued under
18678	18678
18679	18679
18680	18680
18681	18681
18682	18682
18683	18683	SB0280 - 523 - LRB103 24970 AMQ 51304 b
18684	18684
18685	18685
18686	18686	SB0280- 524 -LRB103 24970 AMQ 51304 b SB0280 - 524 - LRB103 24970 AMQ 51304 b
18687	18687	SB0280 - 524 - LRB103 24970 AMQ 51304 b
18688	18688	1 this Act in the State of Illinois.
18689	18689	2 (2) (Blank). The Board shall consist of 5 members to be
18690	18690	3 appointed by the Governor with the advice and consent of the
18691	18691	4 Senate, one of whom shall be designated by the Governor to be
18692	18692	5 chairperson. Each member shall have a reasonable knowledge of
18693	18693	6 the practice, procedure and principles of gambling operations.
18694	18694	7 Each member shall either be a resident of Illinois or shall
18695	18695	8 certify that he or she will become a resident of Illinois
18696	18696	9 before taking office.
18697	18697	10 On and after the effective date of this amendatory Act of
18698	18698	11 the 101st General Assembly, new appointees to the Board must
18699	18699	12 include the following:
18700	18700	13 (A) One member who has received, at a minimum, a
18701	18701	14 bachelor's degree from an accredited school and at least
18702	18702	15 10 years of verifiable experience in the fields of
18703	18703	16 investigation and law enforcement.
18704	18704	17 (B) One member who is a certified public accountant
18705	18705	18 with experience in auditing and with knowledge of complex
18706	18706	19 corporate structures and transactions.
18707	18707	20 (C) One member who has 5 years' experience as a
18708	18708	21 principal, senior officer, or director of a company or
18709	18709	22 business with either material responsibility for the daily
18710	18710	23 operations and management of the overall company or
18711	18711	24 business or material responsibility for the policy making
18712	18712	25 of the company or business.
18713	18713	26 (D) One member who is an attorney licensed to practice
18714	18714
18715	18715
18716	18716
18717	18717
18718	18718
18719	18719	SB0280 - 524 - LRB103 24970 AMQ 51304 b
18720	18720
18721	18721
18722	18722	SB0280- 525 -LRB103 24970 AMQ 51304 b SB0280 - 525 - LRB103 24970 AMQ 51304 b
18723	18723	SB0280 - 525 - LRB103 24970 AMQ 51304 b
18724	18724	1 law in Illinois for at least 5 years.
18725	18725	2 Notwithstanding any provision of this subsection (a), the
18726	18726	3 requirements of subparagraphs (A) through (D) of this
18727	18727	4 paragraph (2) shall not apply to any person reappointed
18728	18728	5 pursuant to paragraph (3).
18729	18729	6 No more than 3 members of the Board may be from the same
18730	18730	7 political party. No Board member shall, within a period of one
18731	18731	8 year immediately preceding nomination, have been employed or
18732	18732	9 received compensation or fees for services from a person or
18733	18733	10 entity, or its parent or affiliate, that has engaged in
18734	18734	11 business with the Board, a licensee, or a licensee under the
18735	18735	12 Illinois Horse Racing Act of 1975. Board members must publicly
18736	18736	13 disclose all prior affiliations with gaming interests,
18737	18737	14 including any compensation, fees, bonuses, salaries, and other
18738	18738	15 reimbursement received from a person or entity, or its parent
18739	18739	16 or affiliate, that has engaged in business with the Board, a
18740	18740	17 licensee, or a licensee under the Illinois Horse Racing Act of
18741	18741	18 1975. This disclosure must be made within 30 days after
18742	18742	19 nomination but prior to confirmation by the Senate and must be
18743	18743	20 made available to the members of the Senate.
18744	18744	21 (3) (Blank). The terms of office of the Board members
18745	18745	22 shall be 3 years, except that the terms of office of the
18746	18746	23 initial Board members appointed pursuant to this Act will
18747	18747	24 commence from the effective date of this Act and run as
18748	18748	25 follows: one for a term ending July 1, 1991, 2 for a term
18749	18749	26 ending July 1, 1992, and 2 for a term ending July 1, 1993. Upon
18750	18750
18751	18751
18752	18752
18753	18753
18754	18754
18755	18755	SB0280 - 525 - LRB103 24970 AMQ 51304 b
18756	18756
18757	18757
18758	18758	SB0280- 526 -LRB103 24970 AMQ 51304 b SB0280 - 526 - LRB103 24970 AMQ 51304 b
18759	18759	SB0280 - 526 - LRB103 24970 AMQ 51304 b
18760	18760	1 the expiration of the foregoing terms, the successors of such
18761	18761	2 members shall serve a term for 3 years and until their
18762	18762	3 successors are appointed and qualified for like terms.
18763	18763	4 Vacancies in the Board shall be filled for the unexpired term
18764	18764	5 in like manner as original appointments. Each member of the
18765	18765	6 Board shall be eligible for reappointment at the discretion of
18766	18766	7 the Governor with the advice and consent of the Senate.
18767	18767	8 (4) (Blank). Each member of the Board shall receive $300
18768	18768	9 for each day the Board meets and for each day the member
18769	18769	10 conducts any hearing pursuant to this Act. Each member of the
18770	18770	11 Board shall also be reimbursed for all actual and necessary
18771	18771	12 expenses and disbursements incurred in the execution of
18772	18772	13 official duties.
18773	18773	14 (5) (Blank). No person shall be appointed a member of the
18774	18774	15 Board or continue to be a member of the Board who is, or whose
18775	18775	16 spouse, child or parent is, a member of the board of directors
18776	18776	17 of, or a person financially interested in, any gambling
18777	18777	18 operation subject to the jurisdiction of this Board, or any
18778	18778	19 race track, race meeting, racing association or the operations
18779	18779	20 thereof subject to the jurisdiction of the Illinois Racing
18780	18780	21 Board. No Board member shall hold any other public office. No
18781	18781	22 person shall be a member of the Board who is not of good moral
18782	18782	23 character or who has been convicted of, or is under indictment
18783	18783	24 for, a felony under the laws of Illinois or any other state, or
18784	18784	25 the United States.
18785	18785	26 (5.5) (Blank). No member of the Board shall engage in any
18786	18786
18787	18787
18788	18788
18789	18789
18790	18790
18791	18791	SB0280 - 526 - LRB103 24970 AMQ 51304 b
18792	18792
18793	18793
18794	18794	SB0280- 527 -LRB103 24970 AMQ 51304 b SB0280 - 527 - LRB103 24970 AMQ 51304 b
18795	18795	SB0280 - 527 - LRB103 24970 AMQ 51304 b
18796	18796	1 political activity. For the purposes of this Section,
18797	18797	2 "political" means any activity in support of or in connection
18798	18798	3 with any campaign for federal, State, or local elective office
18799	18799	4 or any political organization, but does not include activities
18800	18800	5 (i) relating to the support or opposition of any executive,
18801	18801	6 legislative, or administrative action (as those terms are
18802	18802	7 defined in Section 2 of the Lobbyist Registration Act), (ii)
18803	18803	8 relating to collective bargaining, or (iii) that are otherwise
18804	18804	9 in furtherance of the person's official State duties or
18805	18805	10 governmental and public service functions.
18806	18806	11 (6) (Blank). Any member of the Board may be removed by the
18807	18807	12 Governor for neglect of duty, misfeasance, malfeasance, or
18808	18808	13 nonfeasance in office or for engaging in any political
18809	18809	14 activity.
18810	18810	15 (7) (Blank). Before entering upon the discharge of the
18811	18811	16 duties of his office, each member of the Board shall take an
18812	18812	17 oath that he will faithfully execute the duties of his office
18813	18813	18 according to the laws of the State and the rules and
18814	18814	19 regulations adopted therewith and shall give bond to the State
18815	18815	20 of Illinois, approved by the Governor, in the sum of $25,000.
18816	18816	21 Every such bond, when duly executed and approved, shall be
18817	18817	22 recorded in the office of the Secretary of State. Whenever the
18818	18818	23 Governor determines that the bond of any member of the Board
18819	18819	24 has become or is likely to become invalid or insufficient, he
18820	18820	25 shall require such member forthwith to renew his bond, which
18821	18821	26 is to be approved by the Governor. Any member of the Board who
18822	18822
18823	18823
18824	18824
18825	18825
18826	18826
18827	18827	SB0280 - 527 - LRB103 24970 AMQ 51304 b
18828	18828
18829	18829
18830	18830	SB0280- 528 -LRB103 24970 AMQ 51304 b SB0280 - 528 - LRB103 24970 AMQ 51304 b
18831	18831	SB0280 - 528 - LRB103 24970 AMQ 51304 b
18832	18832	1 fails to take oath and give bond within 30 days from the date
18833	18833	2 of his appointment, or who fails to renew his bond within 30
18834	18834	3 days after it is demanded by the Governor, shall be guilty of
18835	18835	4 neglect of duty and may be removed by the Governor. The cost of
18836	18836	5 any bond given by any member of the Board under this Section
18837	18837	6 shall be taken to be a part of the necessary expenses of the
18838	18838	7 Board.
18839	18839	8 (7.5) For the examination of all mechanical,
18840	18840	9 electromechanical, or electronic table games, slot machines,
18841	18841	10 slot accounting systems, sports wagering systems, and other
18842	18842	11 electronic gaming equipment, and the field inspection of such
18843	18843	12 systems, games, and machines, for compliance with this Act,
18844	18844	13 the Division Board shall utilize the services of independent
18845	18845	14 outside testing laboratories that have been accredited in
18846	18846	15 accordance with ISO/IEC 17025 by an accreditation body that is
18847	18847	16 a signatory to the International Laboratory Accreditation
18848	18848	17 Cooperation Mutual Recognition Agreement signifying they are
18849	18849	18 qualified to perform such examinations. Notwithstanding any
18850	18850	19 law to the contrary, the Division Board shall consider the
18851	18851	20 licensing of independent outside testing laboratory applicants
18852	18852	21 in accordance with procedures established by the Division
18853	18853	22 Board by rule. The Board shall not withhold its approval of an
18854	18854	23 independent outside testing laboratory license applicant that
18855	18855	24 has been accredited as required under this paragraph (7.5) and
18856	18856	25 is licensed in gaming jurisdictions comparable to Illinois.
18857	18857	26 Upon the finalization of required rules, the Division Board
18858	18858
18859	18859
18860	18860
18861	18861
18862	18862
18863	18863	SB0280 - 528 - LRB103 24970 AMQ 51304 b
18864	18864
18865	18865
18866	18866	SB0280- 529 -LRB103 24970 AMQ 51304 b SB0280 - 529 - LRB103 24970 AMQ 51304 b
18867	18867	SB0280 - 529 - LRB103 24970 AMQ 51304 b
18868	18868	1 shall license independent testing laboratories and accept the
18869	18869	2 test reports of any licensed testing laboratory of the
18870	18870	3 system's, game's, or machine manufacturer's choice,
18871	18871	4 notwithstanding the existence of contracts between the
18872	18872	5 Division Board and any independent testing laboratory.
18873	18873	6 (8) The Division Board shall employ such personnel as may
18874	18874	7 be necessary to carry out its functions and shall determine
18875	18875	8 the salaries of all personnel, except those personnel whose
18876	18876	9 salaries are determined under the terms of a collective
18877	18877	10 bargaining agreement. No person shall be employed to serve the
18878	18878	11 Division Board who is, or whose spouse, parent or child is, an
18879	18879	12 official of, or has a financial interest in or financial
18880	18880	13 relation with, any operator engaged in gambling operations
18881	18881	14 within this State or any organization engaged in conducting
18882	18882	15 horse racing within this State. For the one year immediately
18883	18883	16 preceding employment, an employee shall not have been employed
18884	18884	17 or received compensation or fees for services from a person or
18885	18885	18 entity, or its parent or affiliate, that has engaged in
18886	18886	19 business with the Division Board, a licensee, or a licensee
18887	18887	20 under the Illinois Horse Racing Act of 1975. Any employee
18888	18888	21 violating these prohibitions shall be subject to termination
18889	18889	22 of employment.
18890	18890	23 (9) An Administrator shall perform any and all duties that
18891	18891	24 the Division Board shall assign him. The salary of the
18892	18892	25 Administrator shall be determined by the Division Board and,
18893	18893	26 in addition, he shall be reimbursed for all actual and
18894	18894
18895	18895
18896	18896
18897	18897
18898	18898
18899	18899	SB0280 - 529 - LRB103 24970 AMQ 51304 b
18900	18900
18901	18901
18902	18902	SB0280- 530 -LRB103 24970 AMQ 51304 b SB0280 - 530 - LRB103 24970 AMQ 51304 b
18903	18903	SB0280 - 530 - LRB103 24970 AMQ 51304 b
18904	18904	1 necessary expenses incurred by him in discharge of his
18905	18905	2 official duties. The Administrator shall keep records of all
18906	18906	3 proceedings of hearings before the Director the Board and
18907	18907	4 shall preserve all records, books, documents and other papers
18908	18908	5 belonging to the Division Board or entrusted to its care. The
18909	18909	6 Administrator shall devote his full time to the duties of the
18910	18910	7 office and shall not hold any other office or employment.
18911	18911	8 (b) The Division Board shall have general responsibility
18912	18912	9 for the implementation of this Act. Its duties include,
18913	18913	10 without limitation, the following:
18914	18914	11 (1) To decide promptly and in reasonable order all
18915	18915	12 license applications. Any party aggrieved by an action of
18916	18916	13 the Board denying, suspending, revoking, restricting or
18917	18917	14 refusing to renew a license may request a hearing before
18918	18918	15 the Director Board. A request for a hearing must be made to
18919	18919	16 the Director Board in writing within 5 days after service
18920	18920	17 of notice of the action of the Division Board. Notice of
18921	18921	18 the action of the Division Board shall be served either by
18922	18922	19 personal delivery or by certified mail, postage prepaid,
18923	18923	20 to the aggrieved party. Notice served by certified mail
18924	18924	21 shall be deemed complete on the business day following the
18925	18925	22 date of such mailing. The Director Board shall conduct any
18926	18926	23 such hearings promptly and in reasonable order;
18927	18927	24 (2) To conduct all hearings pertaining to civil
18928	18928	25 violations of this Act or rules and regulations
18929	18929	26 promulgated hereunder;
18930	18930
18931	18931
18932	18932
18933	18933
18934	18934
18935	18935	SB0280 - 530 - LRB103 24970 AMQ 51304 b
18936	18936
18937	18937
18938	18938	SB0280- 531 -LRB103 24970 AMQ 51304 b SB0280 - 531 - LRB103 24970 AMQ 51304 b
18939	18939	SB0280 - 531 - LRB103 24970 AMQ 51304 b
18940	18940	1 (3) To promulgate such rules and regulations as in its
18941	18941	2 judgment may be necessary to protect or enhance the
18942	18942	3 credibility and integrity of gambling operations
18943	18943	4 authorized by this Act and the regulatory process
18944	18944	5 hereunder;
18945	18945	6 (4) To provide for the establishment and collection of
18946	18946	7 all license and registration fees and taxes imposed by
18947	18947	8 this Act and the rules and regulations issued pursuant
18948	18948	9 hereto. All such fees and taxes shall be deposited into
18949	18949	10 the State Gaming Fund;
18950	18950	11 (5) To provide for the levy and collection of
18951	18951	12 penalties and fines for the violation of provisions of
18952	18952	13 this Act and the rules and regulations promulgated
18953	18953	14 hereunder. All such fines and penalties shall be deposited
18954	18954	15 into the Education Assistance Fund, created by Public Act
18955	18955	16 86-0018, of the State of Illinois;
18956	18956	17 (6) To be present through its inspectors and agents
18957	18957	18 any time gambling operations are conducted on any
18958	18958	19 riverboat, in any casino, or at any organization gaming
18959	18959	20 facility for the purpose of certifying the revenue
18960	18960	21 thereof, receiving complaints from the public, and
18961	18961	22 conducting such other investigations into the conduct of
18962	18962	23 the gambling games and the maintenance of the equipment as
18963	18963	24 from time to time the Division Board may deem necessary
18964	18964	25 and proper;
18965	18965	26 (7) To review and rule upon any complaint by a
18966	18966
18967	18967
18968	18968
18969	18969
18970	18970
18971	18971	SB0280 - 531 - LRB103 24970 AMQ 51304 b
18972	18972
18973	18973
18974	18974	SB0280- 532 -LRB103 24970 AMQ 51304 b SB0280 - 532 - LRB103 24970 AMQ 51304 b
18975	18975	SB0280 - 532 - LRB103 24970 AMQ 51304 b
18976	18976	1 licensee regarding any investigative procedures of the
18977	18977	2 State which are unnecessarily disruptive of gambling
18978	18978	3 operations. The need to inspect and investigate shall be
18979	18979	4 presumed at all times. The disruption of a licensee's
18980	18980	5 operations shall be proved by clear and convincing
18981	18981	6 evidence, and establish that: (A) the procedures had no
18982	18982	7 reasonable law enforcement purposes, and (B) the
18983	18983	8 procedures were so disruptive as to unreasonably inhibit
18984	18984	9 gambling operations;
18985	18985	10 (8) (Blank) To hold at least one meeting each quarter
18986	18986	11 of the fiscal year. In addition, special meetings may be
18987	18987	12 called by the Chairman or any 2 Board members upon 72 hours
18988	18988	13 written notice to each member. All Board meetings shall be
18989	18989	14 subject to the Open Meetings Act. Three members of the
18990	18990	15 Board shall constitute a quorum, and 3 votes shall be
18991	18991	16 required for any final determination by the Board. The
18992	18992	17 Board shall keep a complete and accurate record of all its
18993	18993	18 meetings. A majority of the members of the Board shall
18994	18994	19 constitute a quorum for the transaction of any business,
18995	18995	20 for the performance of any duty, or for the exercise of any
18996	18996	21 power which this Act requires the Board members to
18997	18997	22 transact, perform or exercise en banc, except that, upon
18998	18998	23 order of the Board, one of the Board members or an
18999	18999	24 administrative law judge designated by the Board may
19000	19000	25 conduct any hearing provided for under this Act or by
19001	19001	26 Board rule and may recommend findings and decisions to the
19002	19002
19003	19003
19004	19004
19005	19005
19006	19006
19007	19007	SB0280 - 532 - LRB103 24970 AMQ 51304 b
19008	19008
19009	19009
19010	19010	SB0280- 533 -LRB103 24970 AMQ 51304 b SB0280 - 533 - LRB103 24970 AMQ 51304 b
19011	19011	SB0280 - 533 - LRB103 24970 AMQ 51304 b
19012	19012	1 Board. The Board member or administrative law judge
19013	19013	2 conducting such hearing shall have all powers and rights
19014	19014	3 granted to the Board in this Act. The record made at the
19015	19015	4 time of the hearing shall be reviewed by the Board, or a
19016	19016	5 majority thereof, and the findings and decision of the
19017	19017	6 majority of the Board shall constitute the order of the
19018	19018	7 Board in such case;
19019	19019	8 (9) To maintain records which are separate and
19020	19020	9 distinct from the records of any other State board or
19021	19021	10 commission. Such records shall be available for public
19022	19022	11 inspection and shall accurately reflect all Board
19023	19023	12 proceedings before the Director;
19024	19024	13 (10) To file a written annual report with the Governor
19025	19025	14 on or before July 1 each year and such additional reports
19026	19026	15 as the Governor may request. The annual report shall
19027	19027	16 include a statement of receipts and disbursements by the
19028	19028	17 Division Board, actions taken by the Division Board, and
19029	19029	18 any additional information and recommendations which the
19030	19030	19 Board may deem valuable or which the Governor may request;
19031	19031	20 (11) (Blank);
19032	19032	21 (12) (Blank);
19033	19033	22 (13) (Blank); To assume responsibility for
19034	19034	23 administration and enforcement of the Video Gaming Act;
19035	19035	24 (13.1) To assume responsibility for the administration
19036	19036	25 and enforcement of operations at organization gaming
19037	19037	26 facilities pursuant to this Act and the Illinois Horse
19038	19038
19039	19039
19040	19040
19041	19041
19042	19042
19043	19043	SB0280 - 533 - LRB103 24970 AMQ 51304 b
19044	19044
19045	19045
19046	19046	SB0280- 534 -LRB103 24970 AMQ 51304 b SB0280 - 534 - LRB103 24970 AMQ 51304 b
19047	19047	SB0280 - 534 - LRB103 24970 AMQ 51304 b
19048	19048	1 Racing Act of 1975;
19049	19049	2 (13.2) (Blank); and To assume responsibility for the
19050	19050	3 administration and enforcement of the Sports Wagering Act;
19051	19051	4 and
19052	19052	5 (14) To adopt, by rule, a code of conduct governing
19053	19053	6 Division Board members and employees that ensure, to the
19054	19054	7 maximum extent possible, that persons subject to this Code
19055	19055	8 avoid situations, relationships, or associations that may
19056	19056	9 represent or lead to a conflict of interest.
19057	19057	10 Internal controls and changes submitted by licensees must
19058	19058	11 be reviewed and either approved or denied with cause within 90
19059	19059	12 days after receipt of submission is deemed final by the
19060	19060	13 Division Illinois Gaming Board. In the event an internal
19061	19061	14 control submission or change does not meet the standards set
19062	19062	15 by the Division Board, staff of the Division Board must
19063	19063	16 provide technical assistance to the licensee to rectify such
19064	19064	17 deficiencies within 90 days after the initial submission and
19065	19065	18 the revised submission must be reviewed and approved or denied
19066	19066	19 with cause within 90 days after the date the revised
19067	19067	20 submission is deemed final by the Division Board. For the
19068	19068	21 purposes of this paragraph, "with cause" means that the
19069	19069	22 approval of the submission would jeopardize the integrity of
19070	19070	23 gaming. In the event the Division Board staff has not acted
19071	19071	24 within the timeframe, the submission shall be deemed approved.
19072	19072	25 (c) The Division Board shall have jurisdiction over and
19073	19073	26 shall supervise all gambling operations governed by this Act.
19074	19074
19075	19075
19076	19076
19077	19077
19078	19078
19079	19079	SB0280 - 534 - LRB103 24970 AMQ 51304 b
19080	19080
19081	19081
19082	19082	SB0280- 535 -LRB103 24970 AMQ 51304 b SB0280 - 535 - LRB103 24970 AMQ 51304 b
19083	19083	SB0280 - 535 - LRB103 24970 AMQ 51304 b
19084	19084	1 The Division Board shall have all powers necessary and proper
19085	19085	2 to fully and effectively execute the provisions of this Act,
19086	19086	3 including, but not limited to, the following:
19087	19087	4 (1) To investigate applicants and determine the
19088	19088	5 eligibility of applicants for licenses and to select among
19089	19089	6 competing applicants the applicants which best serve the
19090	19090	7 interests of the citizens of Illinois.
19091	19091	8 (2) To have jurisdiction and supervision over all
19092	19092	9 riverboat gambling operations authorized under this Act
19093	19093	10 and all persons in places where gambling operations are
19094	19094	11 conducted.
19095	19095	12 (3) To promulgate rules and regulations for the
19096	19096	13 purpose of administering the provisions of this Act and to
19097	19097	14 prescribe rules, regulations and conditions under which
19098	19098	15 all gambling operations subject to this Act shall be
19099	19099	16 conducted. Such rules and regulations are to provide for
19100	19100	17 the prevention of practices detrimental to the public
19101	19101	18 interest and for the best interests of riverboat gambling,
19102	19102	19 including rules and regulations regarding the inspection
19103	19103	20 of organization gaming facilities, casinos, and
19104	19104	21 riverboats, and the review of any permits or licenses
19105	19105	22 necessary to operate a riverboat, casino, or organization
19106	19106	23 gaming facility under any laws or regulations applicable
19107	19107	24 to riverboats, casinos, or organization gaming facilities
19108	19108	25 and to impose penalties for violations thereof.
19109	19109	26 (4) To enter the office, riverboats, casinos,
19110	19110
19111	19111
19112	19112
19113	19113
19114	19114
19115	19115	SB0280 - 535 - LRB103 24970 AMQ 51304 b
19116	19116
19117	19117
19118	19118	SB0280- 536 -LRB103 24970 AMQ 51304 b SB0280 - 536 - LRB103 24970 AMQ 51304 b
19119	19119	SB0280 - 536 - LRB103 24970 AMQ 51304 b
19120	19120	1 organization gaming facilities, and other facilities, or
19121	19121	2 other places of business of a licensee, where evidence of
19122	19122	3 the compliance or noncompliance with the provisions of
19123	19123	4 this Act is likely to be found.
19124	19124	5 (5) To investigate alleged violations of this Act or
19125	19125	6 the rules of the Division Board and to take appropriate
19126	19126	7 disciplinary action against a licensee or a holder of an
19127	19127	8 occupational license for a violation, or institute
19128	19128	9 appropriate legal action for enforcement, or both.
19129	19129	10 (6) To adopt standards for the licensing of all
19130	19130	11 persons and entities under this Act, as well as for
19131	19131	12 electronic or mechanical gambling games, and to establish
19132	19132	13 fees for such licenses.
19133	19133	14 (7) To adopt appropriate standards for all
19134	19134	15 organization gaming facilities, riverboats, casinos, and
19135	19135	16 other facilities authorized under this Act.
19136	19136	17 (8) To require that the records, including financial
19137	19137	18 or other statements of any licensee under this Act, shall
19138	19138	19 be kept in such manner as prescribed by the Division Board
19139	19139	20 and that any such licensee involved in the ownership or
19140	19140	21 management of gambling operations submit to the Division
19141	19141	22 Board an annual balance sheet and profit and loss
19142	19142	23 statement, list of the stockholders or other persons
19143	19143	24 having a 1% or greater beneficial interest in the gambling
19144	19144	25 activities of each licensee, and any other information the
19145	19145	26 Division Board deems necessary in order to effectively
19146	19146
19147	19147
19148	19148
19149	19149
19150	19150
19151	19151	SB0280 - 536 - LRB103 24970 AMQ 51304 b
19152	19152
19153	19153
19154	19154	SB0280- 537 -LRB103 24970 AMQ 51304 b SB0280 - 537 - LRB103 24970 AMQ 51304 b
19155	19155	SB0280 - 537 - LRB103 24970 AMQ 51304 b
19156	19156	1 administer this Act and all rules, regulations, orders and
19157	19157	2 final decisions promulgated under this Act.
19158	19158	3 (9) To conduct hearings, issue subpoenas for the
19159	19159	4 attendance of witnesses and subpoenas duces tecum for the
19160	19160	5 production of books, records and other pertinent documents
19161	19161	6 in accordance with the Illinois Administrative Procedure
19162	19162	7 Act, and to administer oaths and affirmations to the
19163	19163	8 witnesses, when, in the judgment of the Division Board, it
19164	19164	9 is necessary to administer or enforce this Act or the
19165	19165	10 Division Board rules.
19166	19166	11 (10) To prescribe a form to be used by any licensee
19167	19167	12 involved in the ownership or management of gambling
19168	19168	13 operations as an application for employment for their
19169	19169	14 employees.
19170	19170	15 (11) To revoke or suspend licenses, as the Division
19171	19171	16 Board may see fit and in compliance with applicable laws
19172	19172	17 of the State regarding administrative procedures, and to
19173	19173	18 review applications for the renewal of licenses. The
19174	19174	19 Division Board may suspend an owners license or an
19175	19175	20 organization gaming license without notice or hearing upon
19176	19176	21 a determination that the safety or health of patrons or
19177	19177	22 employees is jeopardized by continuing a gambling
19178	19178	23 operation conducted under that license. The suspension may
19179	19179	24 remain in effect until the Division Board determines that
19180	19180	25 the cause for suspension has been abated. The Division
19181	19181	26 Board may revoke an owners license or organization gaming
19182	19182
19183	19183
19184	19184
19185	19185
19186	19186
19187	19187	SB0280 - 537 - LRB103 24970 AMQ 51304 b
19188	19188
19189	19189
19190	19190	SB0280- 538 -LRB103 24970 AMQ 51304 b SB0280 - 538 - LRB103 24970 AMQ 51304 b
19191	19191	SB0280 - 538 - LRB103 24970 AMQ 51304 b
19192	19192	1 license upon a determination that the licensee has not
19193	19193	2 made satisfactory progress toward abating the hazard.
19194	19194	3 (12) To eject or exclude or authorize the ejection or
19195	19195	4 exclusion of, any person from gambling facilities where
19196	19196	5 that person is in violation of this Act, rules and
19197	19197	6 regulations thereunder, or final orders of the Division
19198	19198	7 Board, or where such person's conduct or reputation is
19199	19199	8 such that his or her presence within the gambling
19200	19200	9 facilities may, in the opinion of the Division Board, call
19201	19201	10 into question the honesty and integrity of the gambling
19202	19202	11 operations or interfere with the orderly conduct thereof;
19203	19203	12 provided that the propriety of such ejection or exclusion
19204	19204	13 is subject to subsequent hearing by the Division Board.
19205	19205	14 (13) To require all licensees of gambling operations
19206	19206	15 to utilize a cashless wagering system whereby all players'
19207	19207	16 money is converted to tokens, electronic cards, or chips
19208	19208	17 which shall be used only for wagering in the gambling
19209	19209	18 establishment.
19210	19210	19 (14) (Blank).
19211	19211	20 (15) To suspend, revoke or restrict licenses, to
19212	19212	21 require the removal of a licensee or an employee of a
19213	19213	22 licensee for a violation of this Act or a Division Board
19214	19214	23 rule or for engaging in a fraudulent practice, and to
19215	19215	24 impose civil penalties of up to $5,000 against individuals
19216	19216	25 and up to $10,000 or an amount equal to the daily gross
19217	19217	26 receipts, whichever is larger, against licensees for each
19218	19218
19219	19219
19220	19220
19221	19221
19222	19222
19223	19223	SB0280 - 538 - LRB103 24970 AMQ 51304 b
19224	19224
19225	19225
19226	19226	SB0280- 539 -LRB103 24970 AMQ 51304 b SB0280 - 539 - LRB103 24970 AMQ 51304 b
19227	19227	SB0280 - 539 - LRB103 24970 AMQ 51304 b
19228	19228	1 violation of any provision of the Act, any rules adopted
19229	19229	2 by the Division Board, any order of the Division Board or
19230	19230	3 any other action which, in the Division's Board's
19231	19231	4 discretion, is a detriment or impediment to gambling
19232	19232	5 operations.
19233	19233	6 (16) To hire employees to gather information, conduct
19234	19234	7 investigations and carry out any other tasks contemplated
19235	19235	8 under this Act.
19236	19236	9 (17) To establish minimum levels of insurance to be
19237	19237	10 maintained by licensees.
19238	19238	11 (18) To authorize a licensee to sell or serve
19239	19239	12 alcoholic liquors, wine or beer as defined in the Liquor
19240	19240	13 Control Act of 1934 on board a riverboat or in a casino and
19241	19241	14 to have exclusive authority to establish the hours for
19242	19242	15 sale and consumption of alcoholic liquor on board a
19243	19243	16 riverboat or in a casino, notwithstanding any provision of
19244	19244	17 the Liquor Control Act of 1934 or any local ordinance, and
19245	19245	18 regardless of whether the riverboat makes excursions. The
19246	19246	19 establishment of the hours for sale and consumption of
19247	19247	20 alcoholic liquor on board a riverboat or in a casino is an
19248	19248	21 exclusive power and function of the State. A home rule
19249	19249	22 unit may not establish the hours for sale and consumption
19250	19250	23 of alcoholic liquor on board a riverboat or in a casino.
19251	19251	24 This subdivision (18) is a denial and limitation of home
19252	19252	25 rule powers and functions under subsection (h) of Section
19253	19253	26 6 of Article VII of the Illinois Constitution.
19254	19254
19255	19255
19256	19256
19257	19257
19258	19258
19259	19259	SB0280 - 539 - LRB103 24970 AMQ 51304 b
19260	19260
19261	19261
19262	19262	SB0280- 540 -LRB103 24970 AMQ 51304 b SB0280 - 540 - LRB103 24970 AMQ 51304 b
19263	19263	SB0280 - 540 - LRB103 24970 AMQ 51304 b
19264	19264	1 (19) After consultation with the U.S. Army Corps of
19265	19265	2 Engineers, to establish binding emergency orders upon the
19266	19266	3 concurrence of a majority of the members of the Division
19267	19267	4 Board regarding the navigability of water, relative to
19268	19268	5 excursions, in the event of extreme weather conditions,
19269	19269	6 acts of God or other extreme circumstances.
19270	19270	7 (20) To delegate the execution of any of its powers
19271	19271	8 under this Act for the purpose of administering and
19272	19272	9 enforcing this Act and the rules adopted by the Division
19273	19273	10 Board.
19274	19274	11 (20.5) To approve any contract entered into on its
19275	19275	12 behalf.
19276	19276	13 (20.6) To appoint investigators to conduct
19277	19277	14 investigations, searches, seizures, arrests, and other
19278	19278	15 duties imposed under this Act, as deemed necessary by the
19279	19279	16 Division Board. These investigators have and may exercise
19280	19280	17 all of the rights and powers of peace officers, provided
19281	19281	18 that these powers shall be limited to offenses or
19282	19282	19 violations occurring or committed in a casino, in an
19283	19283	20 organization gaming facility, or on a riverboat or dock,
19284	19284	21 as defined in subsections (d) and (f) of Section 4, or as
19285	19285	22 otherwise provided by this Act or any other law.
19286	19286	23 (20.7) To contract with the Illinois State Police for
19287	19287	24 the use of trained and qualified State police officers and
19288	19288	25 with the Department of Revenue for the use of trained and
19289	19289	26 qualified Department of Revenue investigators to conduct
19290	19290
19291	19291
19292	19292
19293	19293
19294	19294
19295	19295	SB0280 - 540 - LRB103 24970 AMQ 51304 b
19296	19296
19297	19297
19298	19298	SB0280- 541 -LRB103 24970 AMQ 51304 b SB0280 - 541 - LRB103 24970 AMQ 51304 b
19299	19299	SB0280 - 541 - LRB103 24970 AMQ 51304 b
19300	19300	1 investigations, searches, seizures, arrests, and other
19301	19301	2 duties imposed under this Act and to exercise all of the
19302	19302	3 rights and powers of peace officers, provided that the
19303	19303	4 powers of Department of Revenue investigators under this
19304	19304	5 subdivision (20.7) shall be limited to offenses or
19305	19305	6 violations occurring or committed in a casino, in an
19306	19306	7 organization gaming facility, or on a riverboat or dock,
19307	19307	8 as defined in subsections (d) and (f) of Section 4, or as
19308	19308	9 otherwise provided by this Act or any other law. In the
19309	19309	10 event the Illinois State Police or the Department of
19310	19310	11 Revenue is unable to fill contracted police or
19311	19311	12 investigative positions, the Division Board may appoint
19312	19312	13 investigators to fill those positions pursuant to
19313	19313	14 subdivision (20.6).
19314	19314	15 (21) To adopt rules concerning the conduct of gaming
19315	19315	16 pursuant to an organization gaming license issued under
19316	19316	17 this Act.
19317	19317	18 (22) To have the same jurisdiction and supervision
19318	19318	19 over casinos and organization gaming facilities as the
19319	19319	20 Division Board has over riverboats, including, but not
19320	19320	21 limited to, the power to (i) investigate, review, and
19321	19321	22 approve contracts as that power is applied to riverboats,
19322	19322	23 (ii) adopt rules for administering the provisions of this
19323	19323	24 Act, (iii) adopt standards for the licensing of all
19324	19324	25 persons involved with a casino or organization gaming
19325	19325	26 facility, (iv) investigate alleged violations of this Act
19326	19326
19327	19327
19328	19328
19329	19329
19330	19330
19331	19331	SB0280 - 541 - LRB103 24970 AMQ 51304 b
19332	19332
19333	19333
19334	19334	SB0280- 542 -LRB103 24970 AMQ 51304 b SB0280 - 542 - LRB103 24970 AMQ 51304 b
19335	19335	SB0280 - 542 - LRB103 24970 AMQ 51304 b
19336	19336	1 by any person involved with a casino or organization
19337	19337	2 gaming facility, and (v) require that records, including
19338	19338	3 financial or other statements of any casino or
19339	19339	4 organization gaming facility, shall be kept in such manner
19340	19340	5 as prescribed by the Division Board.
19341	19341	6 (23) To take any other action as may be reasonable or
19342	19342	7 appropriate to enforce this Act and the rules adopted by
19343	19343	8 the Division Board.
19344	19344	9 (d) The Division Board may seek and shall receive the
19345	19345	10 cooperation of the Illinois State Police in conducting
19346	19346	11 background investigations of applicants and in fulfilling its
19347	19347	12 responsibilities under this Section. Costs incurred by the
19348	19348	13 Illinois State Police as a result of such cooperation shall be
19349	19349	14 paid by the Division Board in conformance with the
19350	19350	15 requirements of Section 2605-400 of the Illinois State Police
19351	19351	16 Law.
19352	19352	17 (e) The Division Board must authorize to each investigator
19353	19353	18 and to any other employee of the Division Board exercising the
19354	19354	19 powers of a peace officer a distinct badge that, on its face,
19355	19355	20 (i) clearly states that the badge is authorized by the
19356	19356	21 Division Board and (ii) contains a unique identifying number.
19357	19357	22 No other badge shall be authorized by the Division Board.
19358	19358	23 (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
19359	19359	24 (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
19360	19360	25 Sec. 5.1. Disclosure of records.
19361	19361
19362	19362
19363	19363
19364	19364
19365	19365
19366	19366	SB0280 - 542 - LRB103 24970 AMQ 51304 b
19367	19367
19368	19368
19369	19369	SB0280- 543 -LRB103 24970 AMQ 51304 b SB0280 - 543 - LRB103 24970 AMQ 51304 b
19370	19370	SB0280 - 543 - LRB103 24970 AMQ 51304 b
19371	19371	1 (a) Notwithstanding any applicable statutory provision to
19372	19372	2 the contrary, the Division Board shall, on written request
19373	19373	3 from any person, provide information furnished by an applicant
19374	19374	4 or licensee concerning the applicant or licensee, his
19375	19375	5 products, services or gambling enterprises and his business
19376	19376	6 holdings, as follows:
19377	19377	7 (1) The name, business address and business telephone
19378	19378	8 number of any applicant or licensee.
19379	19379	9 (2) An identification of any applicant or licensee
19380	19380	10 including, if an applicant or licensee is not an
19381	19381	11 individual, the names and addresses of all stockholders
19382	19382	12 and directors, if the entity is a corporation; the names
19383	19383	13 and addresses of all members, if the entity is a limited
19384	19384	14 liability company; the names and addresses of all
19385	19385	15 partners, both general and limited, if the entity is a
19386	19386	16 partnership; and the names and addresses of all
19387	19387	17 beneficiaries, if the entity is a trust. If an applicant
19388	19388	18 or licensee has a pending registration statement filed
19389	19389	19 with the Securities and Exchange Commission, only the
19390	19390	20 names of those persons or entities holding interest of 5%
19391	19391	21 or more must be provided.
19392	19392	22 (3) An identification of any business, including, if
19393	19393	23 applicable, the state of incorporation or registration, in
19394	19394	24 which an applicant or licensee or an applicant's or
19395	19395	25 licensee's spouse or children has an equity interest of
19396	19396	26 more than 1%. If an applicant or licensee is a
19397	19397
19398	19398
19399	19399
19400	19400
19401	19401
19402	19402	SB0280 - 543 - LRB103 24970 AMQ 51304 b
19403	19403
19404	19404
19405	19405	SB0280- 544 -LRB103 24970 AMQ 51304 b SB0280 - 544 - LRB103 24970 AMQ 51304 b
19406	19406	SB0280 - 544 - LRB103 24970 AMQ 51304 b
19407	19407	1 corporation, partnership or other business entity, the
19408	19408	2 applicant or licensee shall identify any other
19409	19409	3 corporation, partnership or business entity in which it
19410	19410	4 has an equity interest of 1% or more, including, if
19411	19411	5 applicable, the state of incorporation or registration.
19412	19412	6 This information need not be provided by a corporation,
19413	19413	7 partnership or other business entity that has a pending
19414	19414	8 registration statement filed with the Securities and
19415	19415	9 Exchange Commission.
19416	19416	10 (4) Whether an applicant or licensee has been
19417	19417	11 indicted, convicted, pleaded guilty or nolo contendere, or
19418	19418	12 pretrial release has been revoked concerning any criminal
19419	19419	13 offense under the laws of any jurisdiction, either felony
19420	19420	14 or misdemeanor (except for traffic violations), including
19421	19421	15 the date, the name and location of the court, arresting
19422	19422	16 agency and prosecuting agency, the case number, the
19423	19423	17 offense, the disposition and the location and length of
19424	19424	18 incarceration.
19425	19425	19 (5) Whether an applicant or licensee has had any
19426	19426	20 license or certificate issued by a licensing authority in
19427	19427	21 Illinois or any other jurisdiction denied, restricted,
19428	19428	22 suspended, revoked or not renewed and a statement
19429	19429	23 describing the facts and circumstances concerning the
19430	19430	24 denial, restriction, suspension, revocation or
19431	19431	25 non-renewal, including the licensing authority, the date
19432	19432	26 each such action was taken, and the reason for each such
19433	19433
19434	19434
19435	19435
19436	19436
19437	19437
19438	19438	SB0280 - 544 - LRB103 24970 AMQ 51304 b
19439	19439
19440	19440
19441	19441	SB0280- 545 -LRB103 24970 AMQ 51304 b SB0280 - 545 - LRB103 24970 AMQ 51304 b
19442	19442	SB0280 - 545 - LRB103 24970 AMQ 51304 b
19443	19443	1 action.
19444	19444	2 (6) Whether an applicant or licensee has ever filed or
19445	19445	3 had filed against it a proceeding in bankruptcy or has
19446	19446	4 ever been involved in any formal process to adjust, defer,
19447	19447	5 suspend or otherwise work out the payment of any debt
19448	19448	6 including the date of filing, the name and location of the
19449	19449	7 court, the case and number of the disposition.
19450	19450	8 (7) Whether an applicant or licensee has filed, or
19451	19451	9 been served with a complaint or other notice filed with
19452	19452	10 any public body, regarding the delinquency in the payment
19453	19453	11 of, or a dispute over the filings concerning the payment
19454	19454	12 of, any tax required under federal, State or local law,
19455	19455	13 including the amount, type of tax, the taxing agency and
19456	19456	14 time periods involved.
19457	19457	15 (8) A statement listing the names and titles of all
19458	19458	16 public officials or officers of any unit of government,
19459	19459	17 and relatives of said public officials or officers who,
19460	19460	18 directly or indirectly, own any financial interest in,
19461	19461	19 have any beneficial interest in, are the creditors of or
19462	19462	20 hold any debt instrument issued by, or hold or have any
19463	19463	21 interest in any contractual or service relationship with,
19464	19464	22 an applicant or licensee.
19465	19465	23 (9) Whether an applicant or licensee has made,
19466	19466	24 directly or indirectly, any political contribution, or any
19467	19467	25 loans, donations or other payments, to any candidate or
19468	19468	26 office holder, within 5 years from the date of filing the
19469	19469
19470	19470
19471	19471
19472	19472
19473	19473
19474	19474	SB0280 - 545 - LRB103 24970 AMQ 51304 b
19475	19475
19476	19476
19477	19477	SB0280- 546 -LRB103 24970 AMQ 51304 b SB0280 - 546 - LRB103 24970 AMQ 51304 b
19478	19478	SB0280 - 546 - LRB103 24970 AMQ 51304 b
19479	19479	1 application, including the amount and the method of
19480	19480	2 payment.
19481	19481	3 (10) The name and business telephone number of the
19482	19482	4 counsel representing an applicant or licensee in matters
19483	19483	5 before the Division Board.
19484	19484	6 (11) A description of any proposed or approved
19485	19485	7 gambling operation, including the type of boat, home dock,
19486	19486	8 or casino or gaming location, expected economic benefit to
19487	19487	9 the community, anticipated or actual number of employees,
19488	19488	10 any statement from an applicant or licensee regarding
19489	19489	11 compliance with federal and State affirmative action
19490	19490	12 guidelines, projected or actual admissions and projected
19491	19491	13 or actual adjusted gross gaming receipts.
19492	19492	14 (12) A description of the product or service to be
19493	19493	15 supplied by an applicant for a supplier's license.
19494	19494	16 (b) Notwithstanding any applicable statutory provision to
19495	19495	17 the contrary, the Division Board shall, on written request
19496	19496	18 from any person, also provide the following information:
19497	19497	19 (1) The amount of the wagering tax and admission tax
19498	19498	20 paid daily to the State of Illinois by the holder of an
19499	19499	21 owner's license.
19500	19500	22 (2) Whenever the Division Board finds an applicant for
19501	19501	23 an owner's license unsuitable for licensing, a copy of the
19502	19502	24 written letter outlining the reasons for the denial.
19503	19503	25 (3) Whenever the Division Board has refused to grant
19504	19504	26 leave for an applicant to withdraw his application, a copy
19505	19505
19506	19506
19507	19507
19508	19508
19509	19509
19510	19510	SB0280 - 546 - LRB103 24970 AMQ 51304 b
19511	19511
19512	19512
19513	19513	SB0280- 547 -LRB103 24970 AMQ 51304 b SB0280 - 547 - LRB103 24970 AMQ 51304 b
19514	19514	SB0280 - 547 - LRB103 24970 AMQ 51304 b
19515	19515	1 of the letter outlining the reasons for the refusal.
19516	19516	2 (c) Subject to the above provisions, the Division Board
19517	19517	3 shall not disclose any information which would be barred by:
19518	19518	4 (1) Section 7 of the Freedom of Information Act; or
19519	19519	5 (2) The statutes, rules, regulations or
19520	19520	6 intergovernmental agreements of any jurisdiction.
19521	19521	7 (d) The Division Board may assess fees for the copying of
19522	19522	8 information in accordance with Section 6 of the Freedom of
19523	19523	9 Information Act.
19524	19524	10 (Source: P.A. 101-31, eff. 6-28-19; 101-652, eff. 1-1-23.)
19525	19525	11 (230 ILCS 10/5.2)
19526	19526	12 Sec. 5.2. Separation from Department of Revenue. As of
19527	19527	13 July 1, 2009, all of the powers, duties, assets, liabilities,
19528	19528	14 employees, contracts, property, records, pending business, and
19529	19529	15 unexpended appropriations of the Department of Revenue related
19530	19530	16 to the administration and enforcement of this Act are
19531	19531	17 transferred to the former Illinois Gaming Board.
19532	19532	18 The status and rights of the transferred employees, and
19533	19533	19 the rights of the State of Illinois and its agencies, under the
19534	19534	20 Personnel Code and applicable collective bargaining agreements
19535	19535	21 or under any pension, retirement, or annuity plan are not
19536	19536	22 affected (except as provided in Sections 14-110 and 18-127 of
19537	19537	23 the Illinois Pension Code) by that transfer or by any other
19538	19538	24 provision of this amendatory Act of the 96th General Assembly.
19539	19539	25 This Section is declarative of existing law.
19540	19540
19541	19541
19542	19542
19543	19543
19544	19544
19545	19545	SB0280 - 547 - LRB103 24970 AMQ 51304 b
19546	19546
19547	19547
19548	19548	SB0280- 548 -LRB103 24970 AMQ 51304 b SB0280 - 548 - LRB103 24970 AMQ 51304 b
19549	19549	SB0280 - 548 - LRB103 24970 AMQ 51304 b
19550	19550	1 (Source: P.A. 96-1392, eff. 1-1-11.)
19551	19551	2 (230 ILCS 10/5.3)
19552	19552	3 Sec. 5.3. Ethical conduct.
19553	19553	4 (a) Officials and employees of the corporate authority of
19554	19554	5 a host community must carry out their duties and
19555	19555	6 responsibilities in such a manner as to promote and preserve
19556	19556	7 public trust and confidence in the integrity and conduct of
19557	19557	8 gaming.
19558	19558	9 (b) Officials and employees of the corporate authority of
19559	19559	10 a host community shall not use or attempt to use his or her
19560	19560	11 official position to secure or attempt to secure any
19561	19561	12 privilege, advantage, favor, or influence for himself or
19562	19562	13 herself or others.
19563	19563	14 (c) Officials and employees of the corporate authority of
19564	19564	15 a host community may not have a financial interest, directly
19565	19565	16 or indirectly, in his or her own name or in the name of any
19566	19566	17 other person, partnership, association, trust, corporation, or
19567	19567	18 other entity in any contract or subcontract for the
19568	19568	19 performance of any work for a riverboat or casino that is
19569	19569	20 located in the host community. This prohibition shall extend
19570	19570	21 to the holding or acquisition of an interest in any entity
19571	19571	22 identified by Division Board action that, in the Division's
19572	19572	23 Board's judgment, could represent the potential for or the
19573	19573	24 appearance of a financial interest. The holding or acquisition
19574	19574	25 of an interest in such entities through an indirect means,
19575	19575
19576	19576
19577	19577
19578	19578
19579	19579
19580	19580	SB0280 - 548 - LRB103 24970 AMQ 51304 b
19581	19581
19582	19582
19583	19583	SB0280- 549 -LRB103 24970 AMQ 51304 b SB0280 - 549 - LRB103 24970 AMQ 51304 b
19584	19584	SB0280 - 549 - LRB103 24970 AMQ 51304 b
19585	19585	1 such as through a mutual fund, shall not be prohibited, except
19586	19586	2 that the Division Board may identify specific investments or
19587	19587	3 funds that, in its judgment, are so influenced by gaming
19588	19588	4 holdings as to represent the potential for or the appearance
19589	19589	5 of a conflict of interest.
19590	19590	6 (d) Officials and employees of the corporate authority of
19591	19591	7 a host community may not accept any gift, gratuity, service,
19592	19592	8 compensation, travel, lodging, or thing of value, with the
19593	19593	9 exception of unsolicited items of an incidental nature, from
19594	19594	10 any person, corporation, or entity doing business with the
19595	19595	11 riverboat or casino that is located in the host community.
19596	19596	12 (e) Officials and employees of the corporate authority of
19597	19597	13 a host community shall not, during the period that the person
19598	19598	14 is an official or employee of the corporate authority or for a
19599	19599	15 period of 2 years immediately after leaving such office,
19600	19600	16 knowingly accept employment or receive compensation or fees
19601	19601	17 for services from a person or entity, or its parent or
19602	19602	18 affiliate, that has engaged in business with the riverboat or
19603	19603	19 casino that is located in the host community that resulted in
19604	19604	20 contracts with an aggregate value of at least $25,000 or if
19605	19605	21 that official or employee has made a decision that directly
19606	19606	22 applied to the person or entity, or its parent or affiliate.
19607	19607	23 (f) A spouse, child, or parent of an official or employee
19608	19608	24 of the corporate authority of a host community may not have a
19609	19609	25 financial interest, directly or indirectly, in his or her own
19610	19610	26 name or in the name of any other person, partnership,
19611	19611
19612	19612
19613	19613
19614	19614
19615	19615
19616	19616	SB0280 - 549 - LRB103 24970 AMQ 51304 b
19617	19617
19618	19618
19619	19619	SB0280- 550 -LRB103 24970 AMQ 51304 b SB0280 - 550 - LRB103 24970 AMQ 51304 b
19620	19620	SB0280 - 550 - LRB103 24970 AMQ 51304 b
19621	19621	1 association, trust, corporation, or other entity in any
19622	19622	2 contract or subcontract for the performance of any work for a
19623	19623	3 riverboat or casino in the host community. This prohibition
19624	19624	4 shall extend to the holding or acquisition of an interest in
19625	19625	5 any entity identified by Division Board action that, in the
19626	19626	6 judgment of the Division Board, could represent the potential
19627	19627	7 for or the appearance of a conflict of interest. The holding or
19628	19628	8 acquisition of an interest in such entities through an
19629	19629	9 indirect means, such as through a mutual fund, shall not be
19630	19630	10 prohibited, expect that the Division Board may identify
19631	19631	11 specific investments or funds that, in its judgment, are so
19632	19632	12 influenced by gaming holdings as to represent the potential
19633	19633	13 for or the appearance of a conflict of interest.
19634	19634	14 (g) A spouse, child, or parent of an official or employee
19635	19635	15 of the corporate authority of a host community may not accept
19636	19636	16 any gift, gratuity, service, compensation, travel, lodging, or
19637	19637	17 thing of value, with the exception of unsolicited items of an
19638	19638	18 incidental nature, from any person, corporation, or entity
19639	19639	19 doing business with the riverboat or casino that is located in
19640	19640	20 the host community.
19641	19641	21 (h) A spouse, child, or parent of an official or employee
19642	19642	22 of the corporate authority of a host community may not, during
19643	19643	23 the period that the person is an official of the corporate
19644	19644	24 authority or for a period of 2 years immediately after leaving
19645	19645	25 such office or employment, knowingly accept employment or
19646	19646	26 receive compensation or fees for services from a person or
19647	19647
19648	19648
19649	19649
19650	19650
19651	19651
19652	19652	SB0280 - 550 - LRB103 24970 AMQ 51304 b
19653	19653
19654	19654
19655	19655	SB0280- 551 -LRB103 24970 AMQ 51304 b SB0280 - 551 - LRB103 24970 AMQ 51304 b
19656	19656	SB0280 - 551 - LRB103 24970 AMQ 51304 b
19657	19657	1 entity, or its parent or affiliate, that has engaged in
19658	19658	2 business with the riverboat or casino that is located in the
19659	19659	3 host community that resulted in contracts with an aggregate
19660	19660	4 value of at least $25,000 or if that official or employee has
19661	19661	5 made a decision that directly applied to the person or entity,
19662	19662	6 or its parent or affiliate.
19663	19663	7 (i) Officials and employees of the corporate authority of
19664	19664	8 a host community shall not attempt, in any way, to influence
19665	19665	9 any person or entity doing business with the riverboat or
19666	19666	10 casino that is located in the host community or any officer,
19667	19667	11 agent, or employee thereof to hire or contract with any person
19668	19668	12 or entity for any compensated work.
19669	19669	13 (j) Any communication between an official of the corporate
19670	19670	14 authority of a host community and any applicant for an owners
19671	19671	15 license in the host community, or an officer, director, or
19672	19672	16 employee of a riverboat or casino in the host community,
19673	19673	17 concerning any matter relating in any way to gaming shall be
19674	19674	18 disclosed to the Division Board. Such disclosure shall be in
19675	19675	19 writing by the official within 30 days after the communication
19676	19676	20 and shall be filed with the Division Board. Disclosure must
19677	19677	21 consist of the date of the communication, the identity and job
19678	19678	22 title of the person with whom the communication was made, a
19679	19679	23 brief summary of the communication, the action requested or
19680	19680	24 recommended, all responses made, the identity and job title of
19681	19681	25 the person making the response, and any other pertinent
19682	19682	26 information. Public disclosure of the written summary provided
19683	19683
19684	19684
19685	19685
19686	19686
19687	19687
19688	19688	SB0280 - 551 - LRB103 24970 AMQ 51304 b
19689	19689
19690	19690
19691	19691	SB0280- 552 -LRB103 24970 AMQ 51304 b SB0280 - 552 - LRB103 24970 AMQ 51304 b
19692	19692	SB0280 - 552 - LRB103 24970 AMQ 51304 b
19693	19693	1 to the Division Board and the Gaming Board shall be subject to
19694	19694	2 the exemptions provided under the Freedom of Information Act.
19695	19695	3 This subsection (j) shall not apply to communications
19696	19696	4 regarding traffic, law enforcement, security, environmental
19697	19697	5 issues, city services, transportation, or other routine
19698	19698	6 matters concerning the ordinary operations of the riverboat or
19699	19699	7 casino. For purposes of this subsection (j), "ordinary
19700	19700	8 operations" means operations relating to the casino or
19701	19701	9 riverboat facility other than the conduct of gambling
19702	19702	10 activities, and "routine matters" includes the application
19703	19703	11 for, issuance of, renewal of, and other processes associated
19704	19704	12 with municipal permits and licenses.
19705	19705	13 (k) Any official or employee who violates any provision of
19706	19706	14 this Section is guilty of a Class 4 felony.
19707	19707	15 (l) For purposes of this Section, "host community" or
19708	19708	16 "host municipality" means a unit of local government that
19709	19709	17 contains a riverboat or casino within its borders.
19710	19710	18 (Source: P.A. 101-31, eff. 6-28-19.)
19711	19711	19 (230 ILCS 10/6) (from Ch. 120, par. 2406)
19712	19712	20 Sec. 6. Application for owners license.
19713	19713	21 (a) A qualified person may apply to the Division Board for
19714	19714	22 an owners license to conduct a gambling operation as provided
19715	19715	23 in this Act. The application shall be made on forms provided by
19716	19716	24 the Division Board and shall contain such information as the
19717	19717	25 Division Board prescribes, including, but not limited to, the
19718	19718
19719	19719
19720	19720
19721	19721
19722	19722
19723	19723	SB0280 - 552 - LRB103 24970 AMQ 51304 b
19724	19724
19725	19725
19726	19726	SB0280- 553 -LRB103 24970 AMQ 51304 b SB0280 - 553 - LRB103 24970 AMQ 51304 b
19727	19727	SB0280 - 553 - LRB103 24970 AMQ 51304 b
19728	19728	1 identity of the riverboat on which such gambling operation is
19729	19729	2 to be conducted, if applicable, and the exact location where
19730	19730	3 such riverboat or casino will be located, a certification that
19731	19731	4 the riverboat will be registered under this Act at all times
19732	19732	5 during which gambling operations are conducted on board,
19733	19733	6 detailed information regarding the ownership and management of
19734	19734	7 the applicant, and detailed personal information regarding the
19735	19735	8 applicant. Any application for an owners license to be
19736	19736	9 re-issued on or after June 1, 2003 shall also include the
19737	19737	10 applicant's license bid in a form prescribed by the Division
19738	19738	11 Board. Information provided on the application shall be used
19739	19739	12 as a basis for a thorough background investigation which the
19740	19740	13 Division Board shall conduct with respect to each applicant.
19741	19741	14 An incomplete application shall be cause for denial of a
19742	19742	15 license by the Division Board.
19743	19743	16 (a-5) In addition to any other information required under
19744	19744	17 this Section, each application for an owners license must
19745	19745	18 include the following information:
19746	19746	19 (1) The history and success of the applicant and each
19747	19747	20 person and entity disclosed under subsection (c) of this
19748	19748	21 Section in developing tourism facilities ancillary to
19749	19749	22 gaming, if applicable.
19750	19750	23 (2) The likelihood that granting a license to the
19751	19751	24 applicant will lead to the creation of quality, living
19752	19752	25 wage jobs and permanent, full-time jobs for residents of
19753	19753	26 the State and residents of the unit of local government
19754	19754
19755	19755
19756	19756
19757	19757
19758	19758
19759	19759	SB0280 - 553 - LRB103 24970 AMQ 51304 b
19760	19760
19761	19761
19762	19762	SB0280- 554 -LRB103 24970 AMQ 51304 b SB0280 - 554 - LRB103 24970 AMQ 51304 b
19763	19763	SB0280 - 554 - LRB103 24970 AMQ 51304 b
19764	19764	1 that is designated as the home dock of the proposed
19765	19765	2 facility where gambling is to be conducted by the
19766	19766	3 applicant.
19767	19767	4 (3) The projected number of jobs that would be created
19768	19768	5 if the license is granted and the projected number of new
19769	19769	6 employees at the proposed facility where gambling is to be
19770	19770	7 conducted by the applicant.
19771	19771	8 (4) The record, if any, of the applicant and its
19772	19772	9 developer in meeting commitments to local agencies,
19773	19773	10 community-based organizations, and employees at other
19774	19774	11 locations where the applicant or its developer has
19775	19775	12 performed similar functions as they would perform if the
19776	19776	13 applicant were granted a license.
19777	19777	14 (5) Identification of adverse effects that might be
19778	19778	15 caused by the proposed facility where gambling is to be
19779	19779	16 conducted by the applicant, including the costs of meeting
19780	19780	17 increased demand for public health care, child care,
19781	19781	18 public transportation, affordable housing, and social
19782	19782	19 services, and a plan to mitigate those adverse effects.
19783	19783	20 (6) The record, if any, of the applicant and its
19784	19784	21 developer regarding compliance with:
19785	19785	22 (A) federal, state, and local discrimination, wage
19786	19786	23 and hour, disability, and occupational and
19787	19787	24 environmental health and safety laws; and
19788	19788	25 (B) state and local labor relations and employment
19789	19789	26 laws.
19790	19790
19791	19791
19792	19792
19793	19793
19794	19794
19795	19795	SB0280 - 554 - LRB103 24970 AMQ 51304 b
19796	19796
19797	19797
19798	19798	SB0280- 555 -LRB103 24970 AMQ 51304 b SB0280 - 555 - LRB103 24970 AMQ 51304 b
19799	19799	SB0280 - 555 - LRB103 24970 AMQ 51304 b
19800	19800	1 (7) The applicant's record, if any, in dealing with
19801	19801	2 its employees and their representatives at other
19802	19802	3 locations.
19803	19803	4 (8) A plan concerning the utilization of
19804	19804	5 minority-owned and women-owned businesses and concerning
19805	19805	6 the hiring of minorities and women.
19806	19806	7 (9) Evidence the applicant used its best efforts to
19807	19807	8 reach a goal of 25% ownership representation by minority
19808	19808	9 persons and 5% ownership representation by women.
19809	19809	10 (10) Evidence the applicant has entered into a fully
19810	19810	11 executed project labor agreement with the applicable local
19811	19811	12 building trades council. For any pending application
19812	19812	13 before the Division Board on June 10, 2021 (the effective
19813	19813	14 date of Public Act 102-13), the applicant shall submit
19814	19814	15 evidence complying with this paragraph within 30 days
19815	19815	16 after June 10, 2021 (the effective date of Public Act
19816	19816	17 102-13). The Division Board shall not award any pending
19817	19817	18 applications until the applicant has submitted this
19818	19818	19 information.
19819	19819	20 (b) Applicants shall submit with their application all
19820	19820	21 documents, resolutions, and letters of support from the
19821	19821	22 governing body that represents the municipality or county
19822	19822	23 wherein the licensee will be located.
19823	19823	24 (c) Each applicant shall disclose the identity of every
19824	19824	25 person or entity having a greater than 1% direct or indirect
19825	19825	26 pecuniary interest in the gambling operation with respect to
19826	19826
19827	19827
19828	19828
19829	19829
19830	19830
19831	19831	SB0280 - 555 - LRB103 24970 AMQ 51304 b
19832	19832
19833	19833
19834	19834	SB0280- 556 -LRB103 24970 AMQ 51304 b SB0280 - 556 - LRB103 24970 AMQ 51304 b
19835	19835	SB0280 - 556 - LRB103 24970 AMQ 51304 b
19836	19836	1 which the license is sought. If the disclosed entity is a
19837	19837	2 trust, the application shall disclose the names and addresses
19838	19838	3 of all beneficiaries; if a corporation, the names and
19839	19839	4 addresses of all stockholders and directors; if a partnership,
19840	19840	5 the names and addresses of all partners, both general and
19841	19841	6 limited.
19842	19842	7 (d) An application shall be filed and considered in
19843	19843	8 accordance with the rules of the Division Board. Each
19844	19844	9 application shall be accompanied by a nonrefundable
19845	19845	10 application fee of $250,000. In addition, a nonrefundable fee
19846	19846	11 of $50,000 shall be paid at the time of filing to defray the
19847	19847	12 costs associated with the background investigation conducted
19848	19848	13 by the Division Board. If the costs of the investigation
19849	19849	14 exceed $50,000, the applicant shall pay the additional amount
19850	19850	15 to the Division Board within 7 days after requested by the
19851	19851	16 Division Board. If the costs of the investigation are less
19852	19852	17 than $50,000, the applicant shall receive a refund of the
19853	19853	18 remaining amount. All information, records, interviews,
19854	19854	19 reports, statements, memoranda, or other data supplied to or
19855	19855	20 used by the Division Board in the course of its review or
19856	19856	21 investigation of an application for a license or a renewal
19857	19857	22 under this Act shall be privileged and strictly confidential
19858	19858	23 and shall be used only for the purpose of evaluating an
19859	19859	24 applicant for a license or a renewal. Such information,
19860	19860	25 records, interviews, reports, statements, memoranda, or other
19861	19861	26 data shall not be admissible as evidence, nor discoverable in
19862	19862
19863	19863
19864	19864
19865	19865
19866	19866
19867	19867	SB0280 - 556 - LRB103 24970 AMQ 51304 b
19868	19868
19869	19869
19870	19870	SB0280- 557 -LRB103 24970 AMQ 51304 b SB0280 - 557 - LRB103 24970 AMQ 51304 b
19871	19871	SB0280 - 557 - LRB103 24970 AMQ 51304 b
19872	19872	1 any action of any kind in any court or before any tribunal,
19873	19873	2 board, agency or person, except for any action deemed
19874	19874	3 necessary by the Division Board. The application fee shall be
19875	19875	4 deposited into the State Gaming Fund.
19876	19876	5 (e) The Division Board shall charge each applicant a fee
19877	19877	6 set by the Illinois State Police to defray the costs
19878	19878	7 associated with the search and classification of fingerprints
19879	19879	8 obtained by the Division Board with respect to the applicant's
19880	19880	9 application. These fees shall be paid into the State Police
19881	19881	10 Services Fund. In order to expedite the application process,
19882	19882	11 the Division Board may establish rules allowing applicants to
19883	19883	12 acquire criminal background checks and financial integrity
19884	19884	13 reviews as part of the initial application process from a list
19885	19885	14 of vendors approved by the Division Board.
19886	19886	15 (f) The licensed owner shall be the person primarily
19887	19887	16 responsible for the boat or casino itself. Only one gambling
19888	19888	17 operation may be authorized by the Division Board on any
19889	19889	18 riverboat or in any casino. The applicant must identify the
19890	19890	19 riverboat or premises it intends to use and certify that the
19891	19891	20 riverboat or premises: (1) has the authorized capacity
19892	19892	21 required in this Act; (2) is accessible to persons with
19893	19893	22 disabilities; and (3) is fully registered and licensed in
19894	19894	23 accordance with any applicable laws.
19895	19895	24 (g) A person who knowingly makes a false statement on an
19896	19896	25 application is guilty of a Class A misdemeanor.
19897	19897	26 (Source: P.A. 101-31, eff. 6-28-19; 102-13, eff. 6-10-21;
19898	19898
19899	19899
19900	19900
19901	19901
19902	19902
19903	19903	SB0280 - 557 - LRB103 24970 AMQ 51304 b
19904	19904
19905	19905
19906	19906	SB0280- 558 -LRB103 24970 AMQ 51304 b SB0280 - 558 - LRB103 24970 AMQ 51304 b
19907	19907	SB0280 - 558 - LRB103 24970 AMQ 51304 b
19908	19908	1 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
19909	19909	2 (230 ILCS 10/7) (from Ch. 120, par. 2407)
19910	19910	3 Sec. 7. Owners licenses.
19911	19911	4 (a) The Division Board shall issue owners licenses to
19912	19912	5 persons or entities that apply for such licenses upon payment
19913	19913	6 to the Division Board of the non-refundable license fee as
19914	19914	7 provided in subsection (e) or (e-5) and upon a determination
19915	19915	8 by the Division Board that the applicant is eligible for an
19916	19916	9 owners license pursuant to this Act and the rules of the
19917	19917	10 Division Board. From December 15, 2008 (the effective date of
19918	19918	11 Public Act 95-1008) until (i) 3 years after December 15, 2008
19919	19919	12 (the effective date of Public Act 95-1008), (ii) the date any
19920	19920	13 organization licensee begins to operate a slot machine or
19921	19921	14 video game of chance under the Illinois Horse Racing Act of
19922	19922	15 1975 or this Act, (iii) the date that payments begin under
19923	19923	16 subsection (c-5) of Section 13 of this Act, (iv) the wagering
19924	19924	17 tax imposed under Section 13 of this Act is increased by law to
19925	19925	18 reflect a tax rate that is at least as stringent or more
19926	19926	19 stringent than the tax rate contained in subsection (a-3) of
19927	19927	20 Section 13, or (v) when an owners licensee holding a license
19928	19928	21 issued pursuant to Section 7.1 of this Act begins conducting
19929	19929	22 gaming, whichever occurs first, as a condition of licensure
19930	19930	23 and as an alternative source of payment for those funds
19931	19931	24 payable under subsection (c-5) of Section 13 of this Act, any
19932	19932	25 owners licensee that holds or receives its owners license on
19933	19933
19934	19934
19935	19935
19936	19936
19937	19937
19938	19938	SB0280 - 558 - LRB103 24970 AMQ 51304 b
19939	19939
19940	19940
19941	19941	SB0280- 559 -LRB103 24970 AMQ 51304 b SB0280 - 559 - LRB103 24970 AMQ 51304 b
19942	19942	SB0280 - 559 - LRB103 24970 AMQ 51304 b
19943	19943	1 or after May 26, 2006 (the effective date of Public Act
19944	19944	2 94-804), other than an owners licensee operating a riverboat
19945	19945	3 with adjusted gross receipts in calendar year 2004 of less
19946	19946	4 than $200,000,000, must pay into the Horse Racing Equity Trust
19947	19947	5 Fund, in addition to any other payments required under this
19948	19948	6 Act, an amount equal to 3% of the adjusted gross receipts
19949	19949	7 received by the owners licensee. The payments required under
19950	19950	8 this Section shall be made by the owners licensee to the State
19951	19951	9 Treasurer no later than 3:00 o'clock p.m. of the day after the
19952	19952	10 day when the adjusted gross receipts were received by the
19953	19953	11 owners licensee. A person or entity is ineligible to receive
19954	19954	12 an owners license if:
19955	19955	13 (1) the person has been convicted of a felony under
19956	19956	14 the laws of this State, any other state, or the United
19957	19957	15 States;
19958	19958	16 (2) the person has been convicted of any violation of
19959	19959	17 Article 28 of the Criminal Code of 1961 or the Criminal
19960	19960	18 Code of 2012, or substantially similar laws of any other
19961	19961	19 jurisdiction;
19962	19962	20 (3) the person has submitted an application for a
19963	19963	21 license under this Act which contains false information;
19964	19964	22 (4) (blank) the person is a member of the Board;
19965	19965	23 (5) a person defined in (1), (2), (3), or (4) is an
19966	19966	24 officer, director, or managerial employee of the entity;
19967	19967	25 (6) the entity employs a person defined in (1), (2),
19968	19968	26 (3), or (4) who participates in the management or
19969	19969
19970	19970
19971	19971
19972	19972
19973	19973
19974	19974	SB0280 - 559 - LRB103 24970 AMQ 51304 b
19975	19975
19976	19976
19977	19977	SB0280- 560 -LRB103 24970 AMQ 51304 b SB0280 - 560 - LRB103 24970 AMQ 51304 b
19978	19978	SB0280 - 560 - LRB103 24970 AMQ 51304 b
19979	19979	1 operation of gambling operations authorized under this
19980	19980	2 Act;
19981	19981	3 (7) (blank); or
19982	19982	4 (8) a license of the person or entity issued under
19983	19983	5 this Act, or a license to own or operate gambling
19984	19984	6 facilities in any other jurisdiction, has been revoked.
19985	19985	7 The Division Board is expressly prohibited from making
19986	19986	8 changes to the requirement that licensees make payment into
19987	19987	9 the Horse Racing Equity Trust Fund without the express
19988	19988	10 authority of the Illinois General Assembly and making any
19989	19989	11 other rule to implement or interpret Public Act 95-1008. For
19990	19990	12 the purposes of this paragraph, "rules" is given the meaning
19991	19991	13 given to that term in Section 1-70 of the Illinois
19992	19992	14 Administrative Procedure Act.
19993	19993	15 (b) In determining whether to grant an owners license to
19994	19994	16 an applicant, the Division Board shall consider:
19995	19995	17 (1) the character, reputation, experience, and
19996	19996	18 financial integrity of the applicants and of any other or
19997	19997	19 separate person that either:
19998	19998	20 (A) controls, directly or indirectly, such
19999	19999	21 applicant; or
20000	20000	22 (B) is controlled, directly or indirectly, by such
20001	20001	23 applicant or by a person which controls, directly or
20002	20002	24 indirectly, such applicant;
20003	20003	25 (2) the facilities or proposed facilities for the
20004	20004	26 conduct of gambling;
20005	20005
20006	20006
20007	20007
20008	20008
20009	20009
20010	20010	SB0280 - 560 - LRB103 24970 AMQ 51304 b
20011	20011
20012	20012
20013	20013	SB0280- 561 -LRB103 24970 AMQ 51304 b SB0280 - 561 - LRB103 24970 AMQ 51304 b
20014	20014	SB0280 - 561 - LRB103 24970 AMQ 51304 b
20015	20015	1 (3) the highest prospective total revenue to be
20016	20016	2 derived by the State from the conduct of gambling;
20017	20017	3 (4) the extent to which the ownership of the applicant
20018	20018	4 reflects the diversity of the State by including minority
20019	20019	5 persons, women, and persons with a disability and the good
20020	20020	6 faith affirmative action plan of each applicant to
20021	20021	7 recruit, train and upgrade minority persons, women, and
20022	20022	8 persons with a disability in all employment
20023	20023	9 classifications; the Division Board shall further consider
20024	20024	10 granting an owners license and giving preference to an
20025	20025	11 applicant under this Section to applicants in which
20026	20026	12 minority persons and women hold ownership interest of at
20027	20027	13 least 16% and 4%, respectively;
20028	20028	14 (4.5) the extent to which the ownership of the
20029	20029	15 applicant includes veterans of service in the armed forces
20030	20030	16 of the United States, and the good faith affirmative
20031	20031	17 action plan of each applicant to recruit, train, and
20032	20032	18 upgrade veterans of service in the armed forces of the
20033	20033	19 United States in all employment classifications;
20034	20034	20 (5) the financial ability of the applicant to purchase
20035	20035	21 and maintain adequate liability and casualty insurance;
20036	20036	22 (6) whether the applicant has adequate capitalization
20037	20037	23 to provide and maintain, for the duration of a license, a
20038	20038	24 riverboat or casino;
20039	20039	25 (7) the extent to which the applicant exceeds or meets
20040	20040	26 other standards for the issuance of an owners license
20041	20041
20042	20042
20043	20043
20044	20044
20045	20045
20046	20046	SB0280 - 561 - LRB103 24970 AMQ 51304 b
20047	20047
20048	20048
20049	20049	SB0280- 562 -LRB103 24970 AMQ 51304 b SB0280 - 562 - LRB103 24970 AMQ 51304 b
20050	20050	SB0280 - 562 - LRB103 24970 AMQ 51304 b
20051	20051	1 which the Division Board may adopt by rule;
20052	20052	2 (8) the amount of the applicant's license bid;
20053	20053	3 (9) the extent to which the applicant or the proposed
20054	20054	4 host municipality plans to enter into revenue sharing
20055	20055	5 agreements with communities other than the host
20056	20056	6 municipality;
20057	20057	7 (10) the extent to which the ownership of an applicant
20058	20058	8 includes the most qualified number of minority persons,
20059	20059	9 women, and persons with a disability; and
20060	20060	10 (11) whether the applicant has entered into a fully
20061	20061	11 executed construction project labor agreement with the
20062	20062	12 applicable local building trades council.
20063	20063	13 (c) Each owners license shall specify the place where the
20064	20064	14 casino shall operate or the riverboat shall operate and dock.
20065	20065	15 (d) Each applicant shall submit with his or her
20066	20066	16 application, on forms provided by the Division Board, 2 sets
20067	20067	17 of his or her fingerprints.
20068	20068	18 (e) In addition to any licenses authorized under
20069	20069	19 subsection (e-5) of this Section, the Board may issue up to 10
20070	20070	20 licenses authorizing the holders of such licenses to own
20071	20071	21 riverboats. In the application for an owners license, the
20072	20072	22 applicant shall state the dock at which the riverboat is based
20073	20073	23 and the water on which the riverboat will be located. The Board
20074	20074	24 shall issue 5 licenses to become effective not earlier than
20075	20075	25 January 1, 1991. Three of such licenses shall authorize
20076	20076	26 riverboat gambling on the Mississippi River, or, with approval
20077	20077
20078	20078
20079	20079
20080	20080
20081	20081
20082	20082	SB0280 - 562 - LRB103 24970 AMQ 51304 b
20083	20083
20084	20084
20085	20085	SB0280- 563 -LRB103 24970 AMQ 51304 b SB0280 - 563 - LRB103 24970 AMQ 51304 b
20086	20086	SB0280 - 563 - LRB103 24970 AMQ 51304 b
20087	20087	1 by the municipality in which the riverboat was docked on
20088	20088	2 August 7, 2003 and with Board approval, be authorized to
20089	20089	3 relocate to a new location, in a municipality that (1) borders
20090	20090	4 on the Mississippi River or is within 5 miles of the city
20091	20091	5 limits of a municipality that borders on the Mississippi River
20092	20092	6 and (2) on August 7, 2003, had a riverboat conducting
20093	20093	7 riverboat gambling operations pursuant to a license issued
20094	20094	8 under this Act; one of which shall authorize riverboat
20095	20095	9 gambling from a home dock in the city of East St. Louis; and
20096	20096	10 one of which shall authorize riverboat gambling from a home
20097	20097	11 dock in the City of Alton. One other license shall authorize
20098	20098	12 riverboat gambling on the Illinois River in the City of East
20099	20099	13 Peoria or, with Board approval, shall authorize land-based
20100	20100	14 gambling operations anywhere within the corporate limits of
20101	20101	15 the City of Peoria. The Board shall issue one additional
20102	20102	16 license to become effective not earlier than March 1, 1992,
20103	20103	17 which shall authorize riverboat gambling on the Des Plaines
20104	20104	18 River in Will County. The Board may issue 4 additional
20105	20105	19 licenses to become effective not earlier than March 1, 1992.
20106	20106	20 In determining the water upon which riverboats will operate,
20107	20107	21 the Board shall consider the economic benefit which riverboat
20108	20108	22 gambling confers on the State, and shall seek to assure that
20109	20109	23 all regions of the State share in the economic benefits of
20110	20110	24 riverboat gambling.
20111	20111	25 In granting all licenses, the Board may give favorable
20112	20112	26 consideration to economically depressed areas of the State, to
20113	20113
20114	20114
20115	20115
20116	20116
20117	20117
20118	20118	SB0280 - 563 - LRB103 24970 AMQ 51304 b
20119	20119
20120	20120
20121	20121	SB0280- 564 -LRB103 24970 AMQ 51304 b SB0280 - 564 - LRB103 24970 AMQ 51304 b
20122	20122	SB0280 - 564 - LRB103 24970 AMQ 51304 b
20123	20123	1 applicants presenting plans which provide for significant
20124	20124	2 economic development over a large geographic area, and to
20125	20125	3 applicants who currently operate non-gambling riverboats in
20126	20126	4 Illinois. The Board shall review all applications for owners
20127	20127	5 licenses, and shall inform each applicant of the Board's
20128	20128	6 decision. The Board may grant an owners license to an
20129	20129	7 applicant that has not submitted the highest license bid, but
20130	20130	8 if it does not select the highest bidder, the Board shall issue
20131	20131	9 a written decision explaining why another applicant was
20132	20132	10 selected and identifying the factors set forth in this Section
20133	20133	11 that favored the winning bidder. The fee for issuance or
20134	20134	12 renewal of a license pursuant to this subsection (e) shall be
20135	20135	13 $250,000.
20136	20136	14 (e-5) In addition to licenses authorized under subsection
20137	20137	15 (e) of this Section:
20138	20138	16 (1) the Board may issue one owners license authorizing
20139	20139	17 the conduct of casino gambling in the City of Chicago;
20140	20140	18 (2) the Board may issue one owners license authorizing
20141	20141	19 the conduct of riverboat gambling in the City of Danville;
20142	20142	20 (3) the Board may issue one owners license authorizing
20143	20143	21 the conduct of riverboat gambling in the City of Waukegan;
20144	20144	22 (4) the Board may issue one owners license authorizing
20145	20145	23 the conduct of riverboat gambling in the City of Rockford;
20146	20146	24 (5) the Board may issue one owners license authorizing
20147	20147	25 the conduct of riverboat gambling in a municipality that
20148	20148	26 is wholly or partially located in one of the following
20149	20149
20150	20150
20151	20151
20152	20152
20153	20153
20154	20154	SB0280 - 564 - LRB103 24970 AMQ 51304 b
20155	20155
20156	20156
20157	20157	SB0280- 565 -LRB103 24970 AMQ 51304 b SB0280 - 565 - LRB103 24970 AMQ 51304 b
20158	20158	SB0280 - 565 - LRB103 24970 AMQ 51304 b
20159	20159	1 townships of Cook County: Bloom, Bremen, Calumet, Rich,
20160	20160	2 Thornton, or Worth Township; and
20161	20161	3 (6) the Board may issue one owners license authorizing
20162	20162	4 the conduct of riverboat gambling in the unincorporated
20163	20163	5 area of Williamson County adjacent to the Big Muddy River.
20164	20164	6 Except for the license authorized under paragraph (1),
20165	20165	7 each application for a license pursuant to this subsection
20166	20166	8 (e-5) shall be submitted to the Board no later than 120 days
20167	20167	9 after June 28, 2019 (the effective date of Public Act 101-31).
20168	20168	10 All applications for a license under this subsection (e-5)
20169	20169	11 shall include the nonrefundable application fee and the
20170	20170	12 nonrefundable background investigation fee as provided in
20171	20171	13 subsection (d) of Section 6 of this Act. In the event that an
20172	20172	14 applicant submits an application for a license pursuant to
20173	20173	15 this subsection (e-5) prior to June 28, 2019 (the effective
20174	20174	16 date of Public Act 101-31), such applicant shall submit the
20175	20175	17 nonrefundable application fee and background investigation fee
20176	20176	18 as provided in subsection (d) of Section 6 of this Act no later
20177	20177	19 than 6 months after June 28, 2019 (the effective date of Public
20178	20178	20 Act 101-31).
20179	20179	21 The Board shall consider issuing a license pursuant to
20180	20180	22 paragraphs (1) through (6) of this subsection only after the
20181	20181	23 corporate authority of the municipality or the county board of
20182	20182	24 the county in which the riverboat or casino shall be located
20183	20183	25 has certified to the Board the following:
20184	20184	26 (i) that the applicant has negotiated with the
20185	20185
20186	20186
20187	20187
20188	20188
20189	20189
20190	20190	SB0280 - 565 - LRB103 24970 AMQ 51304 b
20191	20191
20192	20192
20193	20193	SB0280- 566 -LRB103 24970 AMQ 51304 b SB0280 - 566 - LRB103 24970 AMQ 51304 b
20194	20194	SB0280 - 566 - LRB103 24970 AMQ 51304 b
20195	20195	1 corporate authority or county board in good faith;
20196	20196	2 (ii) that the applicant and the corporate authority or
20197	20197	3 county board have mutually agreed on the permanent
20198	20198	4 location of the riverboat or casino;
20199	20199	5 (iii) that the applicant and the corporate authority
20200	20200	6 or county board have mutually agreed on the temporary
20201	20201	7 location of the riverboat or casino;
20202	20202	8 (iv) that the applicant and the corporate authority or
20203	20203	9 the county board have mutually agreed on the percentage of
20204	20204	10 revenues that will be shared with the municipality or
20205	20205	11 county, if any;
20206	20206	12 (v) that the applicant and the corporate authority or
20207	20207	13 county board have mutually agreed on any zoning,
20208	20208	14 licensing, public health, or other issues that are within
20209	20209	15 the jurisdiction of the municipality or county;
20210	20210	16 (vi) that the corporate authority or county board has
20211	20211	17 passed a resolution or ordinance in support of the
20212	20212	18 riverboat or casino in the municipality or county;
20213	20213	19 (vii) the applicant for a license under paragraph (1)
20214	20214	20 has made a public presentation concerning its casino
20215	20215	21 proposal; and
20216	20216	22 (viii) the applicant for a license under paragraph (1)
20217	20217	23 has prepared a summary of its casino proposal and such
20218	20218	24 summary has been posted on a public website of the
20219	20219	25 municipality or the county.
20220	20220	26 At least 7 days before the corporate authority of a
20221	20221
20222	20222
20223	20223
20224	20224
20225	20225
20226	20226	SB0280 - 566 - LRB103 24970 AMQ 51304 b
20227	20227
20228	20228
20229	20229	SB0280- 567 -LRB103 24970 AMQ 51304 b SB0280 - 567 - LRB103 24970 AMQ 51304 b
20230	20230	SB0280 - 567 - LRB103 24970 AMQ 51304 b
20231	20231	1 municipality or county board of the county submits a
20232	20232	2 certification to the Board concerning items (i) through (viii)
20233	20233	3 of this subsection, it shall hold a public hearing to discuss
20234	20234	4 items (i) through (viii), as well as any other details
20235	20235	5 concerning the proposed riverboat or casino in the
20236	20236	6 municipality or county. The corporate authority or county
20237	20237	7 board must subsequently memorialize the details concerning the
20238	20238	8 proposed riverboat or casino in a resolution that must be
20239	20239	9 adopted by a majority of the corporate authority or county
20240	20240	10 board before any certification is sent to the Board. The Board
20241	20241	11 shall not alter, amend, change, or otherwise interfere with
20242	20242	12 any agreement between the applicant and the corporate
20243	20243	13 authority of the municipality or county board of the county
20244	20244	14 regarding the location of any temporary or permanent facility.
20245	20245	15 In addition, within 10 days after June 28, 2019 (the
20246	20246	16 effective date of Public Act 101-31), the Board, with consent
20247	20247	17 and at the expense of the City of Chicago, shall select and
20248	20248	18 retain the services of a nationally recognized casino gaming
20249	20249	19 feasibility consultant. Within 45 days after June 28, 2019
20250	20250	20 (the effective date of Public Act 101-31), the consultant
20251	20251	21 shall prepare and deliver to the Board a study concerning the
20252	20252	22 feasibility of, and the ability to finance, a casino in the
20253	20253	23 City of Chicago. The feasibility study shall be delivered to
20254	20254	24 the Mayor of the City of Chicago, the Governor, the President
20255	20255	25 of the Senate, and the Speaker of the House of
20256	20256	26 Representatives. Ninety days after receipt of the feasibility
20257	20257
20258	20258
20259	20259
20260	20260
20261	20261
20262	20262	SB0280 - 567 - LRB103 24970 AMQ 51304 b
20263	20263
20264	20264
20265	20265	SB0280- 568 -LRB103 24970 AMQ 51304 b SB0280 - 568 - LRB103 24970 AMQ 51304 b
20266	20266	SB0280 - 568 - LRB103 24970 AMQ 51304 b
20267	20267	1 study, the Board shall make a determination, based on the
20268	20268	2 results of the feasibility study, whether to recommend to the
20269	20269	3 General Assembly that the terms of the license under paragraph
20270	20270	4 (1) of this subsection (e-5) should be modified. The Board may
20271	20271	5 begin accepting applications for the owners license under
20272	20272	6 paragraph (1) of this subsection (e-5) upon the determination
20273	20273	7 to issue such an owners license.
20274	20274	8 In addition, prior to the Board issuing the owners license
20275	20275	9 authorized under paragraph (4) of subsection (e-5), an impact
20276	20276	10 study shall be completed to determine what location in the
20277	20277	11 city will provide the greater impact to the region, including
20278	20278	12 the creation of jobs and the generation of tax revenue.
20279	20279	13 (e-10) The licenses authorized under subsection (e-5) of
20280	20280	14 this Section shall be issued within 12 months after the date
20281	20281	15 the license application is submitted. If the Board does not
20282	20282	16 issue the licenses within that time period, then the Board
20283	20283	17 shall give a written explanation to the applicant as to why it
20284	20284	18 has not reached a determination and when it reasonably expects
20285	20285	19 to make a determination. The fee for the issuance or renewal of
20286	20286	20 a license issued pursuant to this subsection (e-10) shall be
20287	20287	21 $250,000. Additionally, a licensee located outside of Cook
20288	20288	22 County shall pay a minimum initial fee of $17,500 per gaming
20289	20289	23 position, and a licensee located in Cook County shall pay a
20290	20290	24 minimum initial fee of $30,000 per gaming position. The
20291	20291	25 initial fees payable under this subsection (e-10) shall be
20292	20292	26 deposited into the Rebuild Illinois Projects Fund. If at any
20293	20293
20294	20294
20295	20295
20296	20296
20297	20297
20298	20298	SB0280 - 568 - LRB103 24970 AMQ 51304 b
20299	20299
20300	20300
20301	20301	SB0280- 569 -LRB103 24970 AMQ 51304 b SB0280 - 569 - LRB103 24970 AMQ 51304 b
20302	20302	SB0280 - 569 - LRB103 24970 AMQ 51304 b
20303	20303	1 point after June 1, 2020 there are no pending applications for
20304	20304	2 a license under subsection (e-5) and not all licenses
20305	20305	3 authorized under subsection (e-5) have been issued, then the
20306	20306	4 Board shall reopen the license application process for those
20307	20307	5 licenses authorized under subsection (e-5) that have not been
20308	20308	6 issued. The Board shall follow the licensing process provided
20309	20309	7 in subsection (e-5) with all time frames tied to the last date
20310	20310	8 of a final order issued by the Board under subsection (e-5)
20311	20311	9 rather than the effective date of the amendatory Act.
20312	20312	10 (e-15) Each licensee of a license authorized under
20313	20313	11 subsection (e-5) of this Section shall make a reconciliation
20314	20314	12 payment 3 years after the date the licensee begins operating
20315	20315	13 in an amount equal to 75% of the adjusted gross receipts for
20316	20316	14 the most lucrative 12-month period of operations, minus an
20317	20317	15 amount equal to the initial payment per gaming position paid
20318	20318	16 by the specific licensee. Each licensee shall pay a
20319	20319	17 $15,000,000 reconciliation fee upon issuance of an owners
20320	20320	18 license. If this calculation results in a negative amount,
20321	20321	19 then the licensee is not entitled to any reimbursement of fees
20322	20322	20 previously paid. This reconciliation payment may be made in
20323	20323	21 installments over a period of no more than 6 years.
20324	20324	22 All payments by licensees under this subsection (e-15)
20325	20325	23 shall be deposited into the Rebuild Illinois Projects Fund.
20326	20326	24 (e-20) In addition to any other revocation powers granted
20327	20327	25 to the Division Board under this Act, the Division Board may
20328	20328	26 revoke the owners license of a licensee which fails to begin
20329	20329
20330	20330
20331	20331
20332	20332
20333	20333
20334	20334	SB0280 - 569 - LRB103 24970 AMQ 51304 b
20335	20335
20336	20336
20337	20337	SB0280- 570 -LRB103 24970 AMQ 51304 b SB0280 - 570 - LRB103 24970 AMQ 51304 b
20338	20338	SB0280 - 570 - LRB103 24970 AMQ 51304 b
20339	20339	1 conducting gambling within 15 months of receipt of the
20340	20340	2 Division's Board's approval of the application if the Division
20341	20341	3 Board determines that license revocation is in the best
20342	20342	4 interests of the State.
20343	20343	5 (f) The first 10 owners licenses issued under this Act
20344	20344	6 shall permit the holder to own up to 2 riverboats and equipment
20345	20345	7 thereon for a period of 3 years after the effective date of the
20346	20346	8 license. Holders of the first 10 owners licenses must pay the
20347	20347	9 annual license fee for each of the 3 years during which they
20348	20348	10 are authorized to own riverboats.
20349	20349	11 (g) Upon the termination, expiration, or revocation of
20350	20350	12 each of the first 10 licenses, which shall be issued for a
20351	20351	13 3-year period, all licenses are renewable annually upon
20352	20352	14 payment of the fee and a determination by the Division Board
20353	20353	15 that the licensee continues to meet all of the requirements of
20354	20354	16 this Act and the Division's Board's rules. However, for
20355	20355	17 licenses renewed on or after the effective date of this
20356	20356	18 amendatory Act of the 102nd General Assembly, renewal shall be
20357	20357	19 for a period of 4 years.
20358	20358	20 (h) An owners license, except for an owners license issued
20359	20359	21 under subsection (e-5) of this Section, shall entitle the
20360	20360	22 licensee to own up to 2 riverboats.
20361	20361	23 An owners licensee of a casino or riverboat that is
20362	20362	24 located in the City of Chicago pursuant to paragraph (1) of
20363	20363	25 subsection (e-5) of this Section shall limit the number of
20364	20364	26 gaming positions to 4,000 for such owner. An owners licensee
20365	20365
20366	20366
20367	20367
20368	20368
20369	20369
20370	20370	SB0280 - 570 - LRB103 24970 AMQ 51304 b
20371	20371
20372	20372
20373	20373	SB0280- 571 -LRB103 24970 AMQ 51304 b SB0280 - 571 - LRB103 24970 AMQ 51304 b
20374	20374	SB0280 - 571 - LRB103 24970 AMQ 51304 b
20375	20375	1 authorized under subsection (e) or paragraph (2), (3), (4), or
20376	20376	2 (5) of subsection (e-5) of this Section shall limit the number
20377	20377	3 of gaming positions to 2,000 for any such owners license. An
20378	20378	4 owners licensee authorized under paragraph (6) of subsection
20379	20379	5 (e-5) of this Section shall limit the number of gaming
20380	20380	6 positions to 1,200 for such owner. The initial fee for each
20381	20381	7 gaming position obtained on or after June 28, 2019 (the
20382	20382	8 effective date of Public Act 101-31) shall be a minimum of
20383	20383	9 $17,500 for licensees not located in Cook County and a minimum
20384	20384	10 of $30,000 for licensees located in Cook County, in addition
20385	20385	11 to the reconciliation payment, as set forth in subsection
20386	20386	12 (e-15) of this Section. The fees under this subsection (h)
20387	20387	13 shall be deposited into the Rebuild Illinois Projects Fund.
20388	20388	14 The fees under this subsection (h) that are paid by an owners
20389	20389	15 licensee authorized under subsection (e) shall be paid by July
20390	20390	16 1, 2021.
20391	20391	17 Each owners licensee under subsection (e) of this Section
20392	20392	18 shall reserve its gaming positions within 30 days after June
20393	20393	19 28, 2019 (the effective date of Public Act 101-31). The Board
20394	20394	20 may grant an extension to this 30-day period, provided that
20395	20395	21 the owners licensee submits a written request and explanation
20396	20396	22 as to why it is unable to reserve its positions within the
20397	20397	23 30-day period.
20398	20398	24 Each owners licensee under subsection (e-5) of this
20399	20399	25 Section shall reserve its gaming positions within 30 days
20400	20400	26 after issuance of its owners license. The Board may grant an
20401	20401
20402	20402
20403	20403
20404	20404
20405	20405
20406	20406	SB0280 - 571 - LRB103 24970 AMQ 51304 b
20407	20407
20408	20408
20409	20409	SB0280- 572 -LRB103 24970 AMQ 51304 b SB0280 - 572 - LRB103 24970 AMQ 51304 b
20410	20410	SB0280 - 572 - LRB103 24970 AMQ 51304 b
20411	20411	1 extension to this 30-day period, provided that the owners
20412	20412	2 licensee submits a written request and explanation as to why
20413	20413	3 it is unable to reserve its positions within the 30-day
20414	20414	4 period.
20415	20415	5 A licensee may operate both of its riverboats
20416	20416	6 concurrently, provided that the total number of gaming
20417	20417	7 positions on both riverboats does not exceed the limit
20418	20418	8 established pursuant to this subsection. Riverboats licensed
20419	20419	9 to operate on the Mississippi River and the Illinois River
20420	20420	10 south of Marshall County shall have an authorized capacity of
20421	20421	11 at least 500 persons. Any other riverboat licensed under this
20422	20422	12 Act shall have an authorized capacity of at least 400 persons.
20423	20423	13 (h-5) An owners licensee who conducted gambling operations
20424	20424	14 prior to January 1, 2012 and obtains positions pursuant to
20425	20425	15 Public Act 101-31 shall make a reconciliation payment 3 years
20426	20426	16 after any additional gaming positions begin operating in an
20427	20427	17 amount equal to 75% of the owners licensee's average gross
20428	20428	18 receipts for the most lucrative 12-month period of operations
20429	20429	19 minus an amount equal to the initial fee that the owners
20430	20430	20 licensee paid per additional gaming position. For purposes of
20431	20431	21 this subsection (h-5), "average gross receipts" means (i) the
20432	20432	22 increase in adjusted gross receipts for the most lucrative
20433	20433	23 12-month period of operations over the adjusted gross receipts
20434	20434	24 for 2019, multiplied by (ii) the percentage derived by
20435	20435	25 dividing the number of additional gaming positions that an
20436	20436	26 owners licensee had obtained by the total number of gaming
20437	20437
20438	20438
20439	20439
20440	20440
20441	20441
20442	20442	SB0280 - 572 - LRB103 24970 AMQ 51304 b
20443	20443
20444	20444
20445	20445	SB0280- 573 -LRB103 24970 AMQ 51304 b SB0280 - 573 - LRB103 24970 AMQ 51304 b
20446	20446	SB0280 - 573 - LRB103 24970 AMQ 51304 b
20447	20447	1 positions operated by the owners licensee. If this calculation
20448	20448	2 results in a negative amount, then the owners licensee is not
20449	20449	3 entitled to any reimbursement of fees previously paid. This
20450	20450	4 reconciliation payment may be made in installments over a
20451	20451	5 period of no more than 6 years. These reconciliation payments
20452	20452	6 shall be deposited into the Rebuild Illinois Projects Fund.
20453	20453	7 (i) A licensed owner is authorized to apply to the
20454	20454	8 Division Board for and, if approved therefor, to receive all
20455	20455	9 licenses from the Division Board necessary for the operation
20456	20456	10 of a riverboat or casino, including a liquor license, a
20457	20457	11 license to prepare and serve food for human consumption, and
20458	20458	12 other necessary licenses. All use, occupation, and excise
20459	20459	13 taxes which apply to the sale of food and beverages in this
20460	20460	14 State and all taxes imposed on the sale or use of tangible
20461	20461	15 personal property apply to such sales aboard the riverboat or
20462	20462	16 in the casino.
20463	20463	17 (j) The Division Board may issue or re-issue a license
20464	20464	18 authorizing a riverboat to dock in a municipality or approve a
20465	20465	19 relocation under Section 11.2 only if, prior to the issuance
20466	20466	20 or re-issuance of the license or approval, the governing body
20467	20467	21 of the municipality in which the riverboat will dock has by a
20468	20468	22 majority vote approved the docking of riverboats in the
20469	20469	23 municipality. The Division Board may issue or re-issue a
20470	20470	24 license authorizing a riverboat to dock in areas of a county
20471	20471	25 outside any municipality or approve a relocation under Section
20472	20472	26 11.2 only if, prior to the issuance or re-issuance of the
20473	20473
20474	20474
20475	20475
20476	20476
20477	20477
20478	20478	SB0280 - 573 - LRB103 24970 AMQ 51304 b
20479	20479
20480	20480
20481	20481	SB0280- 574 -LRB103 24970 AMQ 51304 b SB0280 - 574 - LRB103 24970 AMQ 51304 b
20482	20482	SB0280 - 574 - LRB103 24970 AMQ 51304 b
20483	20483	1 license or approval, the governing body of the county has by a
20484	20484	2 majority vote approved of the docking of riverboats within
20485	20485	3 such areas.
20486	20486	4 (k) An owners licensee may conduct land-based gambling
20487	20487	5 operations upon approval by the Division Board and payment of
20488	20488	6 a fee of $250,000, which shall be deposited into the State
20489	20489	7 Gaming Fund.
20490	20490	8 (l) An owners licensee may conduct gaming at a temporary
20491	20491	9 facility pending the construction of a permanent facility or
20492	20492	10 the remodeling or relocation of an existing facility to
20493	20493	11 accommodate gaming participants for up to 24 months after the
20494	20494	12 temporary facility begins to conduct gaming. Upon request by
20495	20495	13 an owners licensee and upon a showing of good cause by the
20496	20496	14 owners licensee, the Division Board shall extend the period
20497	20497	15 during which the licensee may conduct gaming at a temporary
20498	20498	16 facility by up to 12 months. The Division Board shall make
20499	20499	17 rules concerning the conduct of gaming from temporary
20500	20500	18 facilities.
20501	20501	19 (Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20;
20502	20502	20 102-13, eff. 6-10-21; 102-558, eff. 8-20-21.)
20503	20503	21 (230 ILCS 10/7.1)
20504	20504	22 Sec. 7.1. Re-issuance of revoked or non-renewed owners
20505	20505	23 licenses.
20506	20506	24 (a) If an owners license terminates or expires without
20507	20507	25 renewal or the Division Board revokes or determines not to
20508	20508
20509	20509
20510	20510
20511	20511
20512	20512
20513	20513	SB0280 - 574 - LRB103 24970 AMQ 51304 b
20514	20514
20515	20515
20516	20516	SB0280- 575 -LRB103 24970 AMQ 51304 b SB0280 - 575 - LRB103 24970 AMQ 51304 b
20517	20517	SB0280 - 575 - LRB103 24970 AMQ 51304 b
20518	20518	1 renew an owners license (including, without limitation, an
20519	20519	2 owners license for a licensee that was not conducting
20520	20520	3 riverboat gambling operations on January 1, 1998) and that
20521	20521	4 revocation or determination is final, the Division Board may
20522	20522	5 re-issue such license to a qualified applicant pursuant to an
20523	20523	6 open and competitive bidding process, as set forth in Section
20524	20524	7 7.5, and subject to the maximum number of authorized licenses
20525	20525	8 set forth in Section 7(e).
20526	20526	9 (b) To be a qualified applicant, a person, firm, or
20527	20527	10 corporation cannot be ineligible to receive an owners license
20528	20528	11 under Section 7(a) and must submit an application for an
20529	20529	12 owners license that complies with Section 6. Each such
20530	20530	13 applicant must also submit evidence to the Division Board that
20531	20531	14 minority persons and women hold ownership interests in the
20532	20532	15 applicant of at least 16% and 4% respectively.
20533	20533	16 (c) Notwithstanding anything to the contrary in Section
20534	20534	17 7(e), an applicant may apply to the Division Board for
20535	20535	18 approval of relocation of a re-issued license to a new home
20536	20536	19 dock location authorized under Section 3(c) upon receipt of
20537	20537	20 the approval from the municipality or county, as the case may
20538	20538	21 be, pursuant to Section 7(j).
20539	20539	22 (d) In determining whether to grant a re-issued owners
20540	20540	23 license to an applicant, the Division Board shall consider all
20541	20541	24 of the factors set forth in Sections 7(b) and (e) as well as
20542	20542	25 the amount of the applicant's license bid. The Division Board
20543	20543	26 may grant the re-issued owners license to an applicant that
20544	20544
20545	20545
20546	20546
20547	20547
20548	20548
20549	20549	SB0280 - 575 - LRB103 24970 AMQ 51304 b
20550	20550
20551	20551
20552	20552	SB0280- 576 -LRB103 24970 AMQ 51304 b SB0280 - 576 - LRB103 24970 AMQ 51304 b
20553	20553	SB0280 - 576 - LRB103 24970 AMQ 51304 b
20554	20554	1 has not submitted the highest license bid, but if it does not
20555	20555	2 select the highest bidder, the Division Board shall issue a
20556	20556	3 written decision explaining why another applicant was selected
20557	20557	4 and identifying the factors set forth in Sections 7(b) and (e)
20558	20558	5 that favored the winning bidder.
20559	20559	6 (e) Re-issued owners licenses shall be subject to annual
20560	20560	7 license fees as provided for in Section 7(a) and shall be
20561	20561	8 governed by the provisions of Sections 7(f), (g), (h), and
20562	20562	9 (i).
20563	20563	10 (Source: P.A. 100-391, eff. 8-25-17.)
20564	20564	11 (230 ILCS 10/7.3)
20565	20565	12 Sec. 7.3. State conduct of gambling operations.
20566	20566	13 (a) If, after reviewing each application for a re-issued
20567	20567	14 license, the Division Board determines that the highest
20568	20568	15 prospective total revenue to the State would be derived from
20569	20569	16 State conduct of the gambling operation in lieu of re-issuing
20570	20570	17 the license, the Division Board shall inform each applicant of
20571	20571	18 its decision. The Division Board shall thereafter have the
20572	20572	19 authority, without obtaining an owners license, to conduct
20573	20573	20 casino or riverboat gambling operations as previously
20574	20574	21 authorized by the terminated, expired, revoked, or nonrenewed
20575	20575	22 license through a licensed manager selected pursuant to an
20576	20576	23 open and competitive bidding process as set forth in Section
20577	20577	24 7.5 and as provided in Section 7.4.
20578	20578	25 (b) The Division Board may locate any casino or riverboat
20579	20579
20580	20580
20581	20581
20582	20582
20583	20583
20584	20584	SB0280 - 576 - LRB103 24970 AMQ 51304 b
20585	20585
20586	20586
20587	20587	SB0280- 577 -LRB103 24970 AMQ 51304 b SB0280 - 577 - LRB103 24970 AMQ 51304 b
20588	20588	SB0280 - 577 - LRB103 24970 AMQ 51304 b
20589	20589	1 on which a gambling operation is conducted by the State in any
20590	20590	2 home dock or other location authorized by Section 3(c) upon
20591	20591	3 receipt of approval from a majority vote of the governing body
20592	20592	4 of the municipality or county, as the case may be, in which the
20593	20593	5 riverboat will dock.
20594	20594	6 (c) The Division Board shall have jurisdiction over and
20595	20595	7 shall supervise all gambling operations conducted by the State
20596	20596	8 provided for in this Act and shall have all powers necessary
20597	20597	9 and proper to fully and effectively execute the provisions of
20598	20598	10 this Act relating to gambling operations conducted by the
20599	20599	11 State.
20600	20600	12 (d) The maximum number of owners licenses authorized under
20601	20601	13 Section 7 shall be reduced by one for each instance in which
20602	20602	14 the Division Board authorizes the State to conduct a casino or
20603	20603	15 riverboat gambling operation under subsection (a) in lieu of
20604	20604	16 re-issuing a license to an applicant under Section 7.1.
20605	20605	17 (Source: P.A. 101-31, eff. 6-28-19.)
20606	20606	18 (230 ILCS 10/7.4)
20607	20607	19 Sec. 7.4. Managers licenses.
20608	20608	20 (a) A qualified person may apply to the Division Board for
20609	20609	21 a managers license to operate and manage any gambling
20610	20610	22 operation conducted by the State. The application shall be
20611	20611	23 made on forms provided by the Division Board and shall contain
20612	20612	24 such information as the Division Board prescribes, including
20613	20613	25 but not limited to information required in Sections 6(a), (b),
20614	20614
20615	20615
20616	20616
20617	20617
20618	20618
20619	20619	SB0280 - 577 - LRB103 24970 AMQ 51304 b
20620	20620
20621	20621
20622	20622	SB0280- 578 -LRB103 24970 AMQ 51304 b SB0280 - 578 - LRB103 24970 AMQ 51304 b
20623	20623	SB0280 - 578 - LRB103 24970 AMQ 51304 b
20624	20624	1 and (c) and information relating to the applicant's proposed
20625	20625	2 price to manage State gambling operations and to provide the
20626	20626	3 riverboat, gambling equipment, and supplies necessary to
20627	20627	4 conduct State gambling operations.
20628	20628	5 (b) Each applicant must submit evidence to the Division
20629	20629	6 Board that minority persons and women hold ownership interests
20630	20630	7 in the applicant of at least 16% and 4%, respectively.
20631	20631	8 (c) A person, firm, or corporation is ineligible to
20632	20632	9 receive a managers license if:
20633	20633	10 (1) the person has been convicted of a felony under
20634	20634	11 the laws of this State, any other state, or the United
20635	20635	12 States;
20636	20636	13 (2) the person has been convicted of any violation of
20637	20637	14 Article 28 of the Criminal Code of 1961 or the Criminal
20638	20638	15 Code of 2012, or substantially similar laws of any other
20639	20639	16 jurisdiction;
20640	20640	17 (3) the person has submitted an application for a
20641	20641	18 license under this Act which contains false information;
20642	20642	19 (4) (blank) the person is a member of the Board;
20643	20643	20 (5) a person defined in (1), (2), (3), or (4) is an
20644	20644	21 officer, director, or managerial employee of the firm or
20645	20645	22 corporation;
20646	20646	23 (6) the firm or corporation employs a person defined
20647	20647	24 in (1), (2), (3), or (4) who participates in the
20648	20648	25 management or operation of gambling operations authorized
20649	20649	26 under this Act; or
20650	20650
20651	20651
20652	20652
20653	20653
20654	20654
20655	20655	SB0280 - 578 - LRB103 24970 AMQ 51304 b
20656	20656
20657	20657
20658	20658	SB0280- 579 -LRB103 24970 AMQ 51304 b SB0280 - 579 - LRB103 24970 AMQ 51304 b
20659	20659	SB0280 - 579 - LRB103 24970 AMQ 51304 b
20660	20660	1 (7) a license of the person, firm, or corporation
20661	20661	2 issued under this Act, or a license to own or operate
20662	20662	3 gambling facilities in any other jurisdiction, has been
20663	20663	4 revoked.
20664	20664	5 (d) Each applicant shall submit with his or her
20665	20665	6 application, on forms prescribed by the Division Board, 2 sets
20666	20666	7 of his or her fingerprints.
20667	20667	8 (e) The Division Board shall charge each applicant a fee,
20668	20668	9 set by the Division Board, to defray the costs associated with
20669	20669	10 the background investigation conducted by the Division Board.
20670	20670	11 (f) A person who knowingly makes a false statement on an
20671	20671	12 application is guilty of a Class A misdemeanor.
20672	20672	13 (g) The managers license shall be for a term not to exceed
20673	20673	14 10 years, shall be renewable at the Division's Board's option,
20674	20674	15 and shall contain such terms and provisions as the Division
20675	20675	16 Board deems necessary to protect or enhance the credibility
20676	20676	17 and integrity of State gambling operations, achieve the
20677	20677	18 highest prospective total revenue to the State, and otherwise
20678	20678	19 serve the interests of the citizens of Illinois.
20679	20679	20 (h) Issuance of a managers license shall be subject to an
20680	20680	21 open and competitive bidding process. The Division Board may
20681	20681	22 select an applicant other than the lowest bidder by price. If
20682	20682	23 it does not select the lowest bidder, the Division Board shall
20683	20683	24 issue a notice of who the lowest bidder was and a written
20684	20684	25 decision as to why another bidder was selected.
20685	20685	26 (Source: P.A. 100-391, eff. 8-25-17.)
20686	20686
20687	20687
20688	20688
20689	20689
20690	20690
20691	20691	SB0280 - 579 - LRB103 24970 AMQ 51304 b
20692	20692
20693	20693
20694	20694	SB0280- 580 -LRB103 24970 AMQ 51304 b SB0280 - 580 - LRB103 24970 AMQ 51304 b
20695	20695	SB0280 - 580 - LRB103 24970 AMQ 51304 b
20696	20696	1 (230 ILCS 10/7.5)
20697	20697	2 Sec. 7.5. Competitive bidding. When the Division Board
20698	20698	3 determines that (i) it will re-issue an owners license
20699	20699	4 pursuant to an open and competitive bidding process, as set
20700	20700	5 forth in Section 7.1, (ii) it will issue a managers license
20701	20701	6 pursuant to an open and competitive bidding process, as set
20702	20702	7 forth in Section 7.4, or (iii) it will issue an owners license
20703	20703	8 pursuant to an open and competitive bidding process, as set
20704	20704	9 forth in Section 7.12, the open and competitive bidding
20705	20705	10 process shall adhere to the following procedures:
20706	20706	11 (1) The Division Board shall make applications for
20707	20707	12 owners and managers licenses available to the public and
20708	20708	13 allow a reasonable time for applicants to submit
20709	20709	14 applications to the Division Board.
20710	20710	15 (2) During the filing period for owners or managers
20711	20711	16 license applications, the Division Board may retain the
20712	20712	17 services of an investment banking firm to assist the
20713	20713	18 Division Board in conducting the open and competitive
20714	20714	19 bidding process.
20715	20715	20 (3) After receiving all of the bid proposals, the
20716	20716	21 Division Board shall open all of the proposals in a public
20717	20717	22 forum and disclose the prospective owners or managers
20718	20718	23 names, venture partners, if any, and, in the case of
20719	20719	24 applicants for owners licenses, the locations of the
20720	20720	25 proposed development sites.
20721	20721
20722	20722
20723	20723
20724	20724
20725	20725
20726	20726	SB0280 - 580 - LRB103 24970 AMQ 51304 b
20727	20727
20728	20728
20729	20729	SB0280- 581 -LRB103 24970 AMQ 51304 b SB0280 - 581 - LRB103 24970 AMQ 51304 b
20730	20730	SB0280 - 581 - LRB103 24970 AMQ 51304 b
20731	20731	1 (4) The Division Board shall summarize the terms of
20732	20732	2 the proposals and may make this summary available to the
20733	20733	3 public.
20734	20734	4 (5) The Division Board shall evaluate the proposals
20735	20735	5 within a reasonable time and select no more than 3 final
20736	20736	6 applicants to make presentations of their proposals to the
20737	20737	7 Division Board.
20738	20738	8 (6) The final applicants shall make their
20739	20739	9 presentations to the Division Board on the same day during
20740	20740	10 an open session of the Division Board.
20741	20741	11 (7) As soon as practicable after the public
20742	20742	12 presentations by the final applicants, the Division Board,
20743	20743	13 in its discretion, may conduct further negotiations among
20744	20744	14 the 3 final applicants. During such negotiations, each
20745	20745	15 final applicant may increase its license bid or otherwise
20746	20746	16 enhance its bid proposal. At the conclusion of such
20747	20747	17 negotiations, the Division Board shall select the winning
20748	20748	18 proposal. In the case of negotiations for an owners
20749	20749	19 license, the Division Board may, at the conclusion of such
20750	20750	20 negotiations, make the determination allowed under Section
20751	20751	21 7.3(a).
20752	20752	22 (8) Upon selection of a winning bid, the Division
20753	20753	23 Board shall evaluate the winning bid within a reasonable
20754	20754	24 period of time for licensee suitability in accordance with
20755	20755	25 all applicable statutory and regulatory criteria.
20756	20756	26 (9) If the winning bidder is unable or otherwise fails
20757	20757
20758	20758
20759	20759
20760	20760
20761	20761
20762	20762	SB0280 - 581 - LRB103 24970 AMQ 51304 b
20763	20763
20764	20764
20765	20765	SB0280- 582 -LRB103 24970 AMQ 51304 b SB0280 - 582 - LRB103 24970 AMQ 51304 b
20766	20766	SB0280 - 582 - LRB103 24970 AMQ 51304 b
20767	20767	1 to consummate the transaction, (including if the Division
20768	20768	2 Board determines that the winning bidder does not satisfy
20769	20769	3 the suitability requirements), the Division Board may, on
20770	20770	4 the same criteria, select from the remaining bidders or
20771	20771	5 make the determination allowed under Section 7.3(a).
20772	20772	6 (Source: P.A. 101-31, eff. 6-28-19.)
20773	20773	7 (230 ILCS 10/7.6)
20774	20774	8 Sec. 7.6. Business enterprise program.
20775	20775	9 (a) For the purposes of this Section, the terms
20776	20776	10 "minority", "minority-owned business", "woman", "women-owned
20777	20777	11 business", "person with a disability", and "business owned by
20778	20778	12 a person with a disability" have the meanings ascribed to them
20779	20779	13 in the Business Enterprise for Minorities, Women, and Persons
20780	20780	14 with Disabilities Act.
20781	20781	15 (b) The Division Board shall, by rule, establish goals for
20782	20782	16 the award of contracts by each owners licensee to businesses
20783	20783	17 owned by minorities, women, and persons with disabilities,
20784	20784	18 expressed as percentages of an owners licensee's total dollar
20785	20785	19 amount of contracts awarded during each calendar year. Each
20786	20786	20 owners licensee must make every effort to meet the goals
20787	20787	21 established by the Division Board pursuant to this Section.
20788	20788	22 When setting the goals for the award of contracts, the
20789	20789	23 Division Board shall not include contracts where: (1) any
20790	20790	24 purchasing mandates would be dependent upon the availability
20791	20791	25 of minority-owned businesses, women-owned businesses, and
20792	20792
20793	20793
20794	20794
20795	20795
20796	20796
20797	20797	SB0280 - 582 - LRB103 24970 AMQ 51304 b
20798	20798
20799	20799
20800	20800	SB0280- 583 -LRB103 24970 AMQ 51304 b SB0280 - 583 - LRB103 24970 AMQ 51304 b
20801	20801	SB0280 - 583 - LRB103 24970 AMQ 51304 b
20802	20802	1 businesses owned by persons with disabilities ready, willing,
20803	20803	2 and able with capacity to provide quality goods and services
20804	20804	3 to a gaming operation at reasonable prices; (2) there are no or
20805	20805	4 a limited number of licensed suppliers as defined by this Act
20806	20806	5 for the goods or services provided to the licensee; (3) the
20807	20807	6 licensee or its parent company owns a company that provides
20808	20808	7 the goods or services; or (4) the goods or services are
20809	20809	8 provided to the licensee by a publicly traded company.
20810	20810	9 (c) Each owners licensee shall file with the Division
20811	20811	10 Board an annual report of its utilization of minority-owned
20812	20812	11 businesses, women-owned businesses, and businesses owned by
20813	20813	12 persons with disabilities during the preceding calendar year.
20814	20814	13 The reports shall include a self-evaluation of the efforts of
20815	20815	14 the owners licensee to meet its goals under this Section.
20816	20816	15 (c-5) The Division Board shall, by rule, establish goals
20817	20817	16 for the award of contracts by each owners licensee to
20818	20818	17 businesses owned by veterans of service in the armed forces of
20819	20819	18 the United States, expressed as percentages of an owners
20820	20820	19 licensee's total dollar amount of contracts awarded during
20821	20821	20 each calendar year. When setting the goals for the award of
20822	20822	21 contracts, the Division Board shall not include contracts
20823	20823	22 where: (1) any purchasing mandates would be dependent upon the
20824	20824	23 availability of veteran-owned businesses ready, willing, and
20825	20825	24 able with capacity to provide quality goods and services to a
20826	20826	25 gaming operation at reasonable prices; (2) there are no or a
20827	20827	26 limited number of licensed suppliers as defined in this Act
20828	20828
20829	20829
20830	20830
20831	20831
20832	20832
20833	20833	SB0280 - 583 - LRB103 24970 AMQ 51304 b
20834	20834
20835	20835
20836	20836	SB0280- 584 -LRB103 24970 AMQ 51304 b SB0280 - 584 - LRB103 24970 AMQ 51304 b
20837	20837	SB0280 - 584 - LRB103 24970 AMQ 51304 b
20838	20838	1 for the goods or services provided to the licensee; (3) the
20839	20839	2 licensee or its parent company owns a company that provides
20840	20840	3 the goods or services; or (4) the goods or services are
20841	20841	4 provided to the licensee by a publicly traded company.
20842	20842	5 Each owners licensee shall file with the Division Board an
20843	20843	6 annual report of its utilization of veteran-owned businesses
20844	20844	7 during the preceding calendar year. The reports shall include
20845	20845	8 a self-evaluation of the efforts of the owners licensee to
20846	20846	9 meet its goals under this Section.
20847	20847	10 (d) The owners licensee shall have the right to request a
20848	20848	11 waiver from the requirements of this Section. The Division
20849	20849	12 Board shall grant the waiver where the owners licensee
20850	20850	13 demonstrates that there has been made a good faith effort to
20851	20851	14 comply with the goals for participation by minority-owned
20852	20852	15 businesses, women-owned businesses, businesses owned by
20853	20853	16 persons with disabilities, and veteran-owned businesses.
20854	20854	17 (e) If the Division Board determines that its goals and
20855	20855	18 policies are not being met by any owners licensee, then the
20856	20856	19 Division Board may:
20857	20857	20 (1) adopt remedies for such violations; and
20858	20858	21 (2) recommend that the owners licensee provide
20859	20859	22 additional opportunities for participation by
20860	20860	23 minority-owned businesses, women-owned businesses,
20861	20861	24 businesses owned by persons with disabilities, and
20862	20862	25 veteran-owned businesses; such recommendations may
20863	20863	26 include, but shall not be limited to:
20864	20864
20865	20865
20866	20866
20867	20867
20868	20868
20869	20869	SB0280 - 584 - LRB103 24970 AMQ 51304 b
20870	20870
20871	20871
20872	20872	SB0280- 585 -LRB103 24970 AMQ 51304 b SB0280 - 585 - LRB103 24970 AMQ 51304 b
20873	20873	SB0280 - 585 - LRB103 24970 AMQ 51304 b
20874	20874	1 (A) assurances of stronger and better focused
20875	20875	2 solicitation efforts to obtain more minority-owned
20876	20876	3 businesses, women-owned businesses, businesses owned
20877	20877	4 by persons with disabilities, and veteran-owned
20878	20878	5 businesses as potential sources of supply;
20879	20879	6 (B) division of job or project requirements, when
20880	20880	7 economically feasible, into tasks or quantities to
20881	20881	8 permit participation of minority-owned businesses,
20882	20882	9 women-owned businesses, businesses owned by persons
20883	20883	10 with disabilities, and veteran-owned businesses;
20884	20884	11 (C) elimination of extended experience or
20885	20885	12 capitalization requirements, when programmatically
20886	20886	13 feasible, to permit participation of minority-owned
20887	20887	14 businesses, women-owned businesses, businesses owned
20888	20888	15 by persons with disabilities, and veteran-owned
20889	20889	16 businesses;
20890	20890	17 (D) identification of specific proposed contracts
20891	20891	18 as particularly attractive or appropriate for
20892	20892	19 participation by minority-owned businesses,
20893	20893	20 women-owned businesses, businesses owned by persons
20894	20894	21 with disabilities, and veteran-owned businesses, such
20895	20895	22 identification to result from and be coupled with the
20896	20896	23 efforts of items (A) through (C); and
20897	20897	24 (E) implementation of regulations established for
20898	20898	25 the use of the sheltered market process.
20899	20899	26 (f) The Division Board shall file, no later than March 1 of
20900	20900
20901	20901
20902	20902
20903	20903
20904	20904
20905	20905	SB0280 - 585 - LRB103 24970 AMQ 51304 b
20906	20906
20907	20907
20908	20908	SB0280- 586 -LRB103 24970 AMQ 51304 b SB0280 - 586 - LRB103 24970 AMQ 51304 b
20909	20909	SB0280 - 586 - LRB103 24970 AMQ 51304 b
20910	20910	1 each year, an annual report that shall detail the level of
20911	20911	2 achievement toward the goals specified in this Section over
20912	20912	3 the 3 most recent fiscal years. The annual report shall
20913	20913	4 include, but need not be limited to:
20914	20914	5 (1) a summary detailing expenditures subject to the
20915	20915	6 goals, the actual goals specified, and the goals attained
20916	20916	7 by each owners licensee; and
20917	20917	8 (2) an analysis of the level of overall goal
20918	20918	9 achievement concerning purchases from minority-owned
20919	20919	10 businesses, women-owned businesses, businesses owned by
20920	20920	11 persons with disabilities, and veteran-owned businesses.
20921	20921	12 (Source: P.A. 99-78, eff. 7-20-15; 100-391, eff. 8-25-17;
20922	20922	13 100-1152, eff. 12-14-18.)
20923	20923	14 (230 ILCS 10/7.7)
20924	20924	15 Sec. 7.7. Organization gaming licenses.
20925	20925	16 (a) The Division Illinois Gaming Board shall award one
20926	20926	17 organization gaming license to each person or entity having
20927	20927	18 operating control of a racetrack that applies under Section 56
20928	20928	19 of the Illinois Horse Racing Act of 1975, subject to the
20929	20929	20 application and eligibility requirements of this Section.
20930	20930	21 Within 60 days after the effective date of this amendatory Act
20931	20931	22 of the 101st General Assembly, a person or entity having
20932	20932	23 operating control of a racetrack may submit an application for
20933	20933	24 an organization gaming license. The application shall be made
20934	20934	25 on such forms as provided by the Division Board and shall
20935	20935
20936	20936
20937	20937
20938	20938
20939	20939
20940	20940	SB0280 - 586 - LRB103 24970 AMQ 51304 b
20941	20941
20942	20942
20943	20943	SB0280- 587 -LRB103 24970 AMQ 51304 b SB0280 - 587 - LRB103 24970 AMQ 51304 b
20944	20944	SB0280 - 587 - LRB103 24970 AMQ 51304 b
20945	20945	1 contain such information as the Division Board prescribes,
20946	20946	2 including, but not limited to, the identity of any racetrack
20947	20947	3 at which gaming will be conducted pursuant to an organization
20948	20948	4 gaming license, detailed information regarding the ownership
20949	20949	5 and management of the applicant, and detailed personal
20950	20950	6 information regarding the applicant. The application shall
20951	20951	7 specify the number of gaming positions the applicant intends
20952	20952	8 to use and the place where the organization gaming facility
20953	20953	9 will operate. A person who knowingly makes a false statement
20954	20954	10 on an application is guilty of a Class A misdemeanor.
20955	20955	11 Each applicant shall disclose the identity of every person
20956	20956	12 or entity having a direct or indirect pecuniary interest
20957	20957	13 greater than 1% in any racetrack with respect to which the
20958	20958	14 license is sought. If the disclosed entity is a corporation,
20959	20959	15 the applicant shall disclose the names and addresses of all
20960	20960	16 officers, stockholders, and directors. If the disclosed entity
20961	20961	17 is a limited liability company, the applicant shall disclose
20962	20962	18 the names and addresses of all members and managers. If the
20963	20963	19 disclosed entity is a partnership, the applicant shall
20964	20964	20 disclose the names and addresses of all partners, both general
20965	20965	21 and limited. If the disclosed entity is a trust, the applicant
20966	20966	22 shall disclose the names and addresses of all beneficiaries.
20967	20967	23 An application shall be filed and considered in accordance
20968	20968	24 with the rules of the Division Board. Each application for an
20969	20969	25 organization gaming license shall include a nonrefundable
20970	20970	26 application fee of $250,000. In addition, a nonrefundable fee
20971	20971
20972	20972
20973	20973
20974	20974
20975	20975
20976	20976	SB0280 - 587 - LRB103 24970 AMQ 51304 b
20977	20977
20978	20978
20979	20979	SB0280- 588 -LRB103 24970 AMQ 51304 b SB0280 - 588 - LRB103 24970 AMQ 51304 b
20980	20980	SB0280 - 588 - LRB103 24970 AMQ 51304 b
20981	20981	1 of $50,000 shall be paid at the time of filing to defray the
20982	20982	2 costs associated with background investigations conducted by
20983	20983	3 the Division Board. If the costs of the background
20984	20984	4 investigation exceed $50,000, the applicant shall pay the
20985	20985	5 additional amount to the Division Board within 7 days after a
20986	20986	6 request by the Division Board. If the costs of the
20987	20987	7 investigation are less than $50,000, the applicant shall
20988	20988	8 receive a refund of the remaining amount. All information,
20989	20989	9 records, interviews, reports, statements, memoranda, or other
20990	20990	10 data supplied to or used by the Division Board in the course of
20991	20991	11 this review or investigation of an applicant for an
20992	20992	12 organization gaming license under this Act shall be privileged
20993	20993	13 and strictly confidential and shall be used only for the
20994	20994	14 purpose of evaluating an applicant for an organization gaming
20995	20995	15 license or a renewal. Such information, records, interviews,
20996	20996	16 reports, statements, memoranda, or other data shall not be
20997	20997	17 admissible as evidence nor discoverable in any action of any
20998	20998	18 kind in any court or before any tribunal, board, agency or
20999	20999	19 person, except for any action deemed necessary by the Division
21000	21000	20 Board. The application fee shall be deposited into the State
21001	21001	21 Gaming Fund.
21002	21002	22 Any applicant or key person, including the applicant's
21003	21003	23 owners, officers, directors (if a corporation), managers and
21004	21004	24 members (if a limited liability company), and partners (if a
21005	21005	25 partnership), for an organization gaming license shall have
21006	21006	26 his or her fingerprints submitted to the Illinois State Police
21007	21007
21008	21008
21009	21009
21010	21010
21011	21011
21012	21012	SB0280 - 588 - LRB103 24970 AMQ 51304 b
21013	21013
21014	21014
21015	21015	SB0280- 589 -LRB103 24970 AMQ 51304 b SB0280 - 589 - LRB103 24970 AMQ 51304 b
21016	21016	SB0280 - 589 - LRB103 24970 AMQ 51304 b
21017	21017	1 in an electronic format that complies with the form and manner
21018	21018	2 for requesting and furnishing criminal history record
21019	21019	3 information as prescribed by the Illinois State Police. These
21020	21020	4 fingerprints shall be checked against the Illinois State
21021	21021	5 Police and Federal Bureau of Investigation criminal history
21022	21022	6 record databases now and hereafter filed, including, but not
21023	21023	7 limited to, civil, criminal, and latent fingerprint databases.
21024	21024	8 The Illinois State Police shall charge applicants a fee for
21025	21025	9 conducting the criminal history records check, which shall be
21026	21026	10 deposited into the State Police Services Fund and shall not
21027	21027	11 exceed the actual cost of the records check. The Illinois
21028	21028	12 State Police shall furnish, pursuant to positive
21029	21029	13 identification, records of Illinois criminal history to the
21030	21030	14 Illinois State Police.
21031	21031	15 (b) The Division Board shall determine within 120 days
21032	21032	16 after receiving an application for an organization gaming
21033	21033	17 license whether to grant an organization gaming license to the
21034	21034	18 applicant. If the Division Board does not make a determination
21035	21035	19 within that time period, then the Division Board shall give a
21036	21036	20 written explanation to the applicant as to why it has not
21037	21037	21 reached a determination and when it reasonably expects to make
21038	21038	22 a determination.
21039	21039	23 The organization gaming licensee shall purchase up to the
21040	21040	24 amount of gaming positions authorized under this Act within
21041	21041	25 120 days after receiving its organization gaming license. If
21042	21042	26 an organization gaming licensee is prepared to purchase the
21043	21043
21044	21044
21045	21045
21046	21046
21047	21047
21048	21048	SB0280 - 589 - LRB103 24970 AMQ 51304 b
21049	21049
21050	21050
21051	21051	SB0280- 590 -LRB103 24970 AMQ 51304 b SB0280 - 590 - LRB103 24970 AMQ 51304 b
21052	21052	SB0280 - 590 - LRB103 24970 AMQ 51304 b
21053	21053	1 gaming positions, but is temporarily prohibited from doing so
21054	21054	2 by order of a court of competent jurisdiction or the Division
21055	21055	3 Board, then the 120-day period is tolled until a resolution is
21056	21056	4 reached.
21057	21057	5 An organization gaming license shall authorize its holder
21058	21058	6 to conduct gaming under this Act at its racetracks on the same
21059	21059	7 days of the year and hours of the day that owners licenses are
21060	21060	8 allowed to operate under approval of the Division Board.
21061	21061	9 An organization gaming license and any renewal of an
21062	21062	10 organization gaming license shall authorize gaming pursuant to
21063	21063	11 this Section for a period of 4 years. The fee for the issuance
21064	21064	12 or renewal of an organization gaming license shall be
21065	21065	13 $250,000.
21066	21066	14 All payments by licensees under this subsection (b) shall
21067	21067	15 be deposited into the Rebuild Illinois Projects Fund.
21068	21068	16 (c) To be eligible to conduct gaming under this Section, a
21069	21069	17 person or entity having operating control of a racetrack must
21070	21070	18 (i) obtain an organization gaming license, (ii) hold an
21071	21071	19 organization license under the Illinois Horse Racing Act of
21072	21072	20 1975, (iii) hold an inter-track wagering license, (iv) pay an
21073	21073	21 initial fee of $30,000 per gaming position from organization
21074	21074	22 gaming licensees where gaming is conducted in Cook County and,
21075	21075	23 except as provided in subsection (c-5), $17,500 for
21076	21076	24 organization gaming licensees where gaming is conducted
21077	21077	25 outside of Cook County before beginning to conduct gaming plus
21078	21078	26 make the reconciliation payment required under subsection (k),
21079	21079
21080	21080
21081	21081
21082	21082
21083	21083
21084	21084	SB0280 - 590 - LRB103 24970 AMQ 51304 b
21085	21085
21086	21086
21087	21087	SB0280- 591 -LRB103 24970 AMQ 51304 b SB0280 - 591 - LRB103 24970 AMQ 51304 b
21088	21088	SB0280 - 591 - LRB103 24970 AMQ 51304 b
21089	21089	1 (v) conduct live racing in accordance with subsections (e-1),
21090	21090	2 (e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
21091	21091	3 of 1975, (vi) meet the requirements of subsection (a) of
21092	21092	4 Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
21093	21093	5 organization licensees conducting standardbred race meetings,
21094	21094	6 keep backstretch barns and dormitories open and operational
21095	21095	7 year-round unless a lesser schedule is mutually agreed to by
21096	21096	8 the organization licensee and the horsemen association racing
21097	21097	9 at that organization licensee's race meeting, (viii) for
21098	21098	10 organization licensees conducting thoroughbred race meetings,
21099	21099	11 the organization licensee must maintain accident medical
21100	21100	12 expense liability insurance coverage of $1,000,000 for
21101	21101	13 jockeys, and (ix) meet all other requirements of this Act that
21102	21102	14 apply to owners licensees.
21103	21103	15 An organization gaming licensee may enter into a joint
21104	21104	16 venture with a licensed owner to own, manage, conduct, or
21105	21105	17 otherwise operate the organization gaming licensee's
21106	21106	18 organization gaming facilities, unless the organization gaming
21107	21107	19 licensee has a parent company or other affiliated company that
21108	21108	20 is, directly or indirectly, wholly owned by a parent company
21109	21109	21 that is also licensed to conduct organization gaming, casino
21110	21110	22 gaming, or their equivalent in another state.
21111	21111	23 All payments by licensees under this subsection (c) shall
21112	21112	24 be deposited into the Rebuild Illinois Projects Fund.
21113	21113	25 (c-5) A person or entity having operating control of a
21114	21114	26 racetrack located in Madison County shall only pay the initial
21115	21115
21116	21116
21117	21117
21118	21118
21119	21119
21120	21120	SB0280 - 591 - LRB103 24970 AMQ 51304 b
21121	21121
21122	21122
21123	21123	SB0280- 592 -LRB103 24970 AMQ 51304 b SB0280 - 592 - LRB103 24970 AMQ 51304 b
21124	21124	SB0280 - 592 - LRB103 24970 AMQ 51304 b
21125	21125	1 fees specified in subsection (c) for 540 of the gaming
21126	21126	2 positions authorized under the license.
21127	21127	3 (d) A person or entity is ineligible to receive an
21128	21128	4 organization gaming license if:
21129	21129	5 (1) the person or entity has been convicted of a
21130	21130	6 felony under the laws of this State, any other state, or
21131	21131	7 the United States, including a conviction under the
21132	21132	8 Racketeer Influenced and Corrupt Organizations Act;
21133	21133	9 (2) the person or entity has been convicted of any
21134	21134	10 violation of Article 28 of the Criminal Code of 2012, or
21135	21135	11 substantially similar laws of any other jurisdiction;
21136	21136	12 (3) the person or entity has submitted an application
21137	21137	13 for a license under this Act that contains false
21138	21138	14 information;
21139	21139	15 (4) (blank); the person is a member of the Board;
21140	21140	16 (5) a person defined in (1), (2), (3), or (4) of this
21141	21141	17 subsection (d) is an officer, director, or managerial
21142	21142	18 employee of the entity;
21143	21143	19 (6) the person or entity employs a person defined in
21144	21144	20 (1), (2), (3), or (4) of this subsection (d) who
21145	21145	21 participates in the management or operation of gambling
21146	21146	22 operations authorized under this Act; or
21147	21147	23 (7) a license of the person or entity issued under
21148	21148	24 this Act or a license to own or operate gambling
21149	21149	25 facilities in any other jurisdiction has been revoked.
21150	21150	26 (e) The Division Board may approve gaming positions
21151	21151
21152	21152
21153	21153
21154	21154
21155	21155
21156	21156	SB0280 - 592 - LRB103 24970 AMQ 51304 b
21157	21157
21158	21158
21159	21159	SB0280- 593 -LRB103 24970 AMQ 51304 b SB0280 - 593 - LRB103 24970 AMQ 51304 b
21160	21160	SB0280 - 593 - LRB103 24970 AMQ 51304 b
21161	21161	1 pursuant to an organization gaming license statewide as
21162	21162	2 provided in this Section. The authority to operate gaming
21163	21163	3 positions under this Section shall be allocated as follows: up
21164	21164	4 to 1,200 gaming positions for any organization gaming licensee
21165	21165	5 in Cook County and up to 900 gaming positions for any
21166	21166	6 organization gaming licensee outside of Cook County.
21167	21167	7 (f) Each applicant for an organization gaming license
21168	21168	8 shall specify in its application for licensure the number of
21169	21169	9 gaming positions it will operate, up to the applicable
21170	21170	10 limitation set forth in subsection (e) of this Section. Any
21171	21171	11 unreserved gaming positions that are not specified shall be
21172	21172	12 forfeited and retained by the Division Board. For the purposes
21173	21173	13 of this subsection (f), an organization gaming licensee that
21174	21174	14 did not conduct live racing in 2010 and is located within 3
21175	21175	15 miles of the Mississippi River may reserve up to 900 positions
21176	21176	16 and shall not be penalized under this Section for not
21177	21177	17 operating those positions until it meets the requirements of
21178	21178	18 subsection (e) of this Section, but such licensee shall not
21179	21179	19 request unreserved gaming positions under this subsection (f)
21180	21180	20 until its 900 positions are all operational.
21181	21181	21 Thereafter, the Division Board shall publish the number of
21182	21182	22 unreserved gaming positions and shall accept requests for
21183	21183	23 additional positions from any organization gaming licensee
21184	21184	24 that initially reserved all of the positions that were
21185	21185	25 offered. The Division Board shall allocate expeditiously the
21186	21186	26 unreserved gaming positions to requesting organization gaming
21187	21187
21188	21188
21189	21189
21190	21190
21191	21191
21192	21192	SB0280 - 593 - LRB103 24970 AMQ 51304 b
21193	21193
21194	21194
21195	21195	SB0280- 594 -LRB103 24970 AMQ 51304 b SB0280 - 594 - LRB103 24970 AMQ 51304 b
21196	21196	SB0280 - 594 - LRB103 24970 AMQ 51304 b
21197	21197	1 licensees in a manner that maximizes revenue to the State. The
21198	21198	2 Division Board may allocate any such unused gaming positions
21199	21199	3 pursuant to an open and competitive bidding process, as
21200	21200	4 provided under Section 7.5 of this Act. This process shall
21201	21201	5 continue until all unreserved gaming positions have been
21202	21202	6 purchased. All positions obtained pursuant to this process and
21203	21203	7 all positions the organization gaming licensee specified it
21204	21204	8 would operate in its application must be in operation within
21205	21205	9 18 months after they were obtained or the organization gaming
21206	21206	10 licensee forfeits the right to operate those positions, but is
21207	21207	11 not entitled to a refund of any fees paid. The Division Board
21208	21208	12 may, after holding a public hearing, grant extensions so long
21209	21209	13 as the organization gaming licensee is working in good faith
21210	21210	14 to make the positions operational. The extension may be for a
21211	21211	15 period of 6 months. If, after the period of the extension, the
21212	21212	16 organization gaming licensee has not made the positions
21213	21213	17 operational, then another public hearing must be held by the
21214	21214	18 Division Board before it may grant another extension.
21215	21215	19 Unreserved gaming positions retained from and allocated to
21216	21216	20 organization gaming licensees by the Division Board pursuant
21217	21217	21 to this subsection (f) shall not be allocated to owners
21218	21218	22 licensees under this Act.
21219	21219	23 For the purpose of this subsection (f), the unreserved
21220	21220	24 gaming positions for each organization gaming licensee shall
21221	21221	25 be the applicable limitation set forth in subsection (e) of
21222	21222	26 this Section, less the number of reserved gaming positions by
21223	21223
21224	21224
21225	21225
21226	21226
21227	21227
21228	21228	SB0280 - 594 - LRB103 24970 AMQ 51304 b
21229	21229
21230	21230
21231	21231	SB0280- 595 -LRB103 24970 AMQ 51304 b SB0280 - 595 - LRB103 24970 AMQ 51304 b
21232	21232	SB0280 - 595 - LRB103 24970 AMQ 51304 b
21233	21233	1 such organization gaming licensee, and the total unreserved
21234	21234	2 gaming positions shall be the aggregate of the unreserved
21235	21235	3 gaming positions for all organization gaming licensees.
21236	21236	4 (g) An organization gaming licensee is authorized to
21237	21237	5 conduct the following at a racetrack:
21238	21238	6 (1) slot machine gambling;
21239	21239	7 (2) video game of chance gambling;
21240	21240	8 (3) gambling with electronic gambling games as defined
21241	21241	9 in this Act or defined by the Division Illinois Gaming
21242	21242	10 Board; and
21243	21243	11 (4) table games.
21244	21244	12 (h) Subject to the approval of the Division Illinois
21245	21245	13 Gaming Board, an organization gaming licensee may make
21246	21246	14 modification or additions to any existing buildings and
21247	21247	15 structures to comply with the requirements of this Act. The
21248	21248	16 Division Illinois Gaming Board shall make its decision after
21249	21249	17 consulting with the Division of Horse Racing Illinois Racing
21250	21250	18 Board. In no case, however, shall the Division Illinois Gaming
21251	21251	19 Board approve any modification or addition that alters the
21252	21252	20 grounds of the organization licensee such that the act of live
21253	21253	21 racing is an ancillary activity to gaming authorized under
21254	21254	22 this Section. Gaming authorized under this Section may take
21255	21255	23 place in existing structures where inter-track wagering is
21256	21256	24 conducted at the racetrack or a facility within 300 yards of
21257	21257	25 the racetrack in accordance with the provisions of this Act
21258	21258	26 and the Illinois Horse Racing Act of 1975.
21259	21259
21260	21260
21261	21261
21262	21262
21263	21263
21264	21264	SB0280 - 595 - LRB103 24970 AMQ 51304 b
21265	21265
21266	21266
21267	21267	SB0280- 596 -LRB103 24970 AMQ 51304 b SB0280 - 596 - LRB103 24970 AMQ 51304 b
21268	21268	SB0280 - 596 - LRB103 24970 AMQ 51304 b
21269	21269	1 (i) An organization gaming licensee may conduct gaming at
21270	21270	2 a temporary facility pending the construction of a permanent
21271	21271	3 facility or the remodeling or relocation of an existing
21272	21272	4 facility to accommodate gaming participants for up to 24
21273	21273	5 months after the temporary facility begins to conduct gaming
21274	21274	6 authorized under this Section. Upon request by an organization
21275	21275	7 gaming licensee and upon a showing of good cause by the
21276	21276	8 organization gaming licensee, the Division Board shall extend
21277	21277	9 the period during which the licensee may conduct gaming
21278	21278	10 authorized under this Section at a temporary facility by up to
21279	21279	11 12 months. The Division Board shall make rules concerning the
21280	21280	12 conduct of gaming authorized under this Section from temporary
21281	21281	13 facilities.
21282	21282	14 The gaming authorized under this Section may take place in
21283	21283	15 existing structures where inter-track wagering is conducted at
21284	21284	16 the racetrack or a facility within 300 yards of the racetrack
21285	21285	17 in accordance with the provisions of this Act and the Illinois
21286	21286	18 Horse Racing Act of 1975.
21287	21287	19 (i-5) Under no circumstances shall an organization gaming
21288	21288	20 licensee conduct gaming at any State or county fair.
21289	21289	21 (j) The Division Illinois Gaming Board must adopt
21290	21290	22 emergency rules in accordance with Section 5-45 of the
21291	21291	23 Illinois Administrative Procedure Act as necessary to ensure
21292	21292	24 compliance with the provisions of this amendatory Act of the
21293	21293	25 101st General Assembly concerning the conduct of gaming by an
21294	21294	26 organization gaming licensee. The adoption of emergency rules
21295	21295
21296	21296
21297	21297
21298	21298
21299	21299
21300	21300	SB0280 - 596 - LRB103 24970 AMQ 51304 b
21301	21301
21302	21302
21303	21303	SB0280- 597 -LRB103 24970 AMQ 51304 b SB0280 - 597 - LRB103 24970 AMQ 51304 b
21304	21304	SB0280 - 597 - LRB103 24970 AMQ 51304 b
21305	21305	1 authorized by this subsection (j) shall be deemed to be
21306	21306	2 necessary for the public interest, safety, and welfare.
21307	21307	3 (k) Each organization gaming licensee who obtains gaming
21308	21308	4 positions must make a reconciliation payment 3 years after the
21309	21309	5 date the organization gaming licensee begins operating the
21310	21310	6 positions in an amount equal to 75% of the difference between
21311	21311	7 its adjusted gross receipts from gaming authorized under this
21312	21312	8 Section and amounts paid to its purse accounts pursuant to
21313	21313	9 item (1) of subsection (b) of Section 56 of the Illinois Horse
21314	21314	10 Racing Act of 1975 for the 12-month period for which such
21315	21315	11 difference was the largest, minus an amount equal to the
21316	21316	12 initial per position fee paid by the organization gaming
21317	21317	13 licensee. If this calculation results in a negative amount,
21318	21318	14 then the organization gaming licensee is not entitled to any
21319	21319	15 reimbursement of fees previously paid. This reconciliation
21320	21320	16 payment may be made in installments over a period of no more
21321	21321	17 than 6 years.
21322	21322	18 All payments by licensees under this subsection (k) shall
21323	21323	19 be deposited into the Rebuild Illinois Projects Fund.
21324	21324	20 (l) As soon as practical after a request is made by the
21325	21325	21 Division Illinois Gaming Board, to minimize duplicate
21326	21326	22 submissions by the applicant, the Division of Horse Racing
21327	21327	23 Illinois Racing Board must provide information on an applicant
21328	21328	24 for an organization gaming license to the Division Illinois
21329	21329	25 Gaming Board.
21330	21330	26 (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;
21331	21331
21332	21332
21333	21333
21334	21334
21335	21335
21336	21336	SB0280 - 597 - LRB103 24970 AMQ 51304 b
21337	21337
21338	21338
21339	21339	SB0280- 598 -LRB103 24970 AMQ 51304 b SB0280 - 598 - LRB103 24970 AMQ 51304 b
21340	21340	SB0280 - 598 - LRB103 24970 AMQ 51304 b
21341	21341	1 101-648, eff. 6-30-20; 102-538, eff. 8-20-21.)
21342	21342	2 (230 ILCS 10/7.10)
21343	21343	3 Sec. 7.10. Diversity program.
21344	21344	4 (a) Each owners licensee, organization gaming licensee,
21345	21345	5 and suppliers licensee shall establish and maintain a
21346	21346	6 diversity program to ensure non-discrimination in the award
21347	21347	7 and administration of contracts. The programs shall establish
21348	21348	8 goals of awarding not less than 25% of the annual dollar value
21349	21349	9 of all contracts, purchase orders, or other agreements to
21350	21350	10 minority-owned businesses and 5% of the annual dollar value of
21351	21351	11 all contracts to women-owned businesses.
21352	21352	12 (b) Each owners licensee, organization gaming licensee,
21353	21353	13 and suppliers licensee shall establish and maintain a
21354	21354	14 diversity program designed to promote equal opportunity for
21355	21355	15 employment. The program shall establish hiring goals as the
21356	21356	16 Division Board and each licensee determines appropriate. The
21357	21357	17 Division Board shall monitor the progress of the gaming
21358	21358	18 licensee's progress with respect to the program's goals.
21359	21359	19 (c) No later than May 31 of each year, each licensee shall
21360	21360	20 report to the Division Board (1) the number of respective
21361	21361	21 employees and the number of its respective employees who have
21362	21362	22 designated themselves as members of a minority group and
21363	21363	23 gender and (2) the total goals achieved under subsection (a)
21364	21364	24 of this Section as a percentage of the total contracts awarded
21365	21365	25 by the license. In addition, all licensees shall submit a
21366	21366
21367	21367
21368	21368
21369	21369
21370	21370
21371	21371	SB0280 - 598 - LRB103 24970 AMQ 51304 b
21372	21372
21373	21373
21374	21374	SB0280- 599 -LRB103 24970 AMQ 51304 b SB0280 - 599 - LRB103 24970 AMQ 51304 b
21375	21375	SB0280 - 599 - LRB103 24970 AMQ 51304 b
21376	21376	1 report with respect to the minority-owned and women-owned
21377	21377	2 businesses program created in this Section to the Division
21378	21378	3 Board.
21379	21379	4 (d) When considering whether to re-issue or renew a
21380	21380	5 license to an owners licensee, organization gaming licensee,
21381	21381	6 or suppliers licensee, the Division Board shall take into
21382	21382	7 account the licensee's success in complying with the
21383	21383	8 provisions of this Section. If an owners licensee,
21384	21384	9 organization gaming licensee, or suppliers licensee has not
21385	21385	10 satisfied the goals contained in this Section, the Division
21386	21386	11 Board shall require a written explanation as to why the
21387	21387	12 licensee is not in compliance and shall require the licensee
21388	21388	13 to file multi-year metrics designed to achieve compliance with
21389	21389	14 the provisions by the next renewal period, consistent with
21390	21390	15 State and federal law.
21391	21391	16 (Source: P.A. 101-31, eff. 6-28-19.)
21392	21392	17 (230 ILCS 10/7.11)
21393	21393	18 Sec. 7.11. Annual report on diversity.
21394	21394	19 (a) Each licensee that receives a license under Sections
21395	21395	20 7, 7.1, and 7.7 shall execute and file a report with the
21396	21396	21 Division Board no later than December 31 of each year that
21397	21397	22 shall contain, but not be limited to, the following
21398	21398	23 information:
21399	21399	24 (i) a good faith affirmative action plan to recruit,
21400	21400	25 train, and upgrade minority persons, women, and persons
21401	21401
21402	21402
21403	21403
21404	21404
21405	21405
21406	21406	SB0280 - 599 - LRB103 24970 AMQ 51304 b
21407	21407
21408	21408
21409	21409	SB0280- 600 -LRB103 24970 AMQ 51304 b SB0280 - 600 - LRB103 24970 AMQ 51304 b
21410	21410	SB0280 - 600 - LRB103 24970 AMQ 51304 b
21411	21411	1 with a disability in all employment classifications;
21412	21412	2 (ii) the total dollar amount of contracts that were
21413	21413	3 awarded to businesses owned by minority persons, women,
21414	21414	4 and persons with a disability;
21415	21415	5 (iii) the total number of businesses owned by minority
21416	21416	6 persons, women, and persons with a disability that were
21417	21417	7 utilized by the licensee;
21418	21418	8 (iv) the utilization of businesses owned by minority
21419	21419	9 persons, women, and persons with disabilities during the
21420	21420	10 preceding year; and
21421	21421	11 (v) the outreach efforts used by the licensee to
21422	21422	12 attract investors and businesses consisting of minority
21423	21423	13 persons, women, and persons with a disability.
21424	21424	14 (b) The Division Board shall forward a copy of each
21425	21425	15 licensee's annual reports to the General Assembly no later
21426	21426	16 than February 1 of each year. The reports to the General
21427	21427	17 Assembly shall be filed with the Clerk of the House of
21428	21428	18 Representatives and the Secretary of the Senate in electronic
21429	21429	19 form only, in the manner that the Clerk and the Secretary shall
21430	21430	20 direct.
21431	21431	21 (Source: P.A. 101-31, eff. 6-28-19.)
21432	21432	22 (230 ILCS 10/7.12)
21433	21433	23 Sec. 7.12. Issuance of new owners licenses.
21434	21434	24 (a) Owners licenses newly authorized pursuant to this
21435	21435	25 amendatory Act of the 101st General Assembly may be issued by
21436	21436
21437	21437
21438	21438
21439	21439
21440	21440
21441	21441	SB0280 - 600 - LRB103 24970 AMQ 51304 b
21442	21442
21443	21443
21444	21444	SB0280- 601 -LRB103 24970 AMQ 51304 b SB0280 - 601 - LRB103 24970 AMQ 51304 b
21445	21445	SB0280 - 601 - LRB103 24970 AMQ 51304 b
21446	21446	1 the Division Board to a qualified applicant pursuant to an
21447	21447	2 open and competitive bidding process, as set forth in Section
21448	21448	3 7.5, and subject to the maximum number of authorized licenses
21449	21449	4 set forth in subsection (e-5) of Section 7 of this Act.
21450	21450	5 (b) To be a qualified applicant, a person or entity may not
21451	21451	6 be ineligible to receive an owners license under subsection
21452	21452	7 (a) of Section 7 of this Act and must submit an application for
21453	21453	8 an owners license that complies with Section 6 of this Act.
21454	21454	9 (c) In determining whether to grant an owners license to
21455	21455	10 an applicant, the Division Board shall consider all of the
21456	21456	11 factors set forth in subsections (b) and (e-10) of Section 7 of
21457	21457	12 this Act, as well as the amount of the applicant's license bid.
21458	21458	13 The Division Board may grant the owners license to an
21459	21459	14 applicant that has not submitted the highest license bid, but
21460	21460	15 if it does not select the highest bidder, the Division Board
21461	21461	16 shall issue a written decision explaining why another
21462	21462	17 applicant was selected and identifying the factors set forth
21463	21463	18 in subsections (b) and (e-10) of Section 7 of this Act that
21464	21464	19 favored the winning bidder.
21465	21465	20 (Source: P.A. 101-31, eff. 6-28-19.)
21466	21466	21 (230 ILCS 10/8) (from Ch. 120, par. 2408)
21467	21467	22 Sec. 8. Suppliers licenses.
21468	21468	23 (a) The Division Board may issue a suppliers license to
21469	21469	24 such persons, firms or corporations which apply therefor upon
21470	21470	25 the payment of a non-refundable application fee set by the
21471	21471
21472	21472
21473	21473
21474	21474
21475	21475
21476	21476	SB0280 - 601 - LRB103 24970 AMQ 51304 b
21477	21477
21478	21478
21479	21479	SB0280- 602 -LRB103 24970 AMQ 51304 b SB0280 - 602 - LRB103 24970 AMQ 51304 b
21480	21480	SB0280 - 602 - LRB103 24970 AMQ 51304 b
21481	21481	1 Division Board, upon a determination by the Division Board
21482	21482	2 that the applicant is eligible for a suppliers license and
21483	21483	3 upon payment of a $5,000 annual license fee. At the time of
21484	21484	4 application for a supplier license under this Act, a person
21485	21485	5 that holds a license as a manufacturer, distributor, or
21486	21486	6 supplier under the Video Gaming Act or a supplier license
21487	21487	7 under the Sports Wagering Act shall be entitled to licensure
21488	21488	8 under this Act as a supplier without additional Division Board
21489	21489	9 investigation or approval, except by vote of the Division
21490	21490	10 Board; however, the applicant shall pay all fees required for
21491	21491	11 a suppliers license under this Act.
21492	21492	12 (a-5) Except as provided by Section 8.1, the initial
21493	21493	13 suppliers license shall be issued for 4 years. Thereafter, the
21494	21494	14 license may be renewed for additional 4-year periods unless
21495	21495	15 sooner canceled or terminated.
21496	21496	16 (b) The holder of a suppliers license is authorized to
21497	21497	17 sell or lease, and to contract to sell or lease, gambling
21498	21498	18 equipment and supplies to any licensee involved in the
21499	21499	19 ownership or management of gambling operations.
21500	21500	20 (c) Gambling supplies and equipment may not be distributed
21501	21501	21 unless supplies and equipment conform to standards adopted by
21502	21502	22 rules of the Division Board.
21503	21503	23 (d) A person, firm or corporation is ineligible to receive
21504	21504	24 a suppliers license if:
21505	21505	25 (1) the person has been convicted of a felony under
21506	21506	26 the laws of this State, any other state, or the United
21507	21507
21508	21508
21509	21509
21510	21510
21511	21511
21512	21512	SB0280 - 602 - LRB103 24970 AMQ 51304 b
21513	21513
21514	21514
21515	21515	SB0280- 603 -LRB103 24970 AMQ 51304 b SB0280 - 603 - LRB103 24970 AMQ 51304 b
21516	21516	SB0280 - 603 - LRB103 24970 AMQ 51304 b
21517	21517	1 States;
21518	21518	2 (2) the person has been convicted of any violation of
21519	21519	3 Article 28 of the Criminal Code of 1961 or the Criminal
21520	21520	4 Code of 2012, or substantially similar laws of any other
21521	21521	5 jurisdiction;
21522	21522	6 (3) the person has submitted an application for a
21523	21523	7 license under this Act which contains false information;
21524	21524	8 (4) (blank); the person is a member of the Board;
21525	21525	9 (5) the entity is one in which a person defined in (1),
21526	21526	10 (2), (3) or (4), is an officer, director or managerial
21527	21527	11 employee;
21528	21528	12 (6) the firm or corporation employs a person who
21529	21529	13 participates in the management or operation of gambling
21530	21530	14 authorized under this Act;
21531	21531	15 (7) the license of the person, firm or corporation
21532	21532	16 issued under this Act, or a license to own or operate
21533	21533	17 gambling facilities in any other jurisdiction, has been
21534	21534	18 revoked.
21535	21535	19 (e) Any person that supplies any equipment, devices, or
21536	21536	20 supplies to a licensed gambling operation must first obtain a
21537	21537	21 suppliers license. A supplier shall furnish to the Division
21538	21538	22 Board a list of all equipment, devices and supplies offered
21539	21539	23 for sale or lease in connection with gambling games authorized
21540	21540	24 under this Act. A supplier shall keep books and records for the
21541	21541	25 furnishing of equipment, devices and supplies to gambling
21542	21542	26 operations separate and distinct from any other business that
21543	21543
21544	21544
21545	21545
21546	21546
21547	21547
21548	21548	SB0280 - 603 - LRB103 24970 AMQ 51304 b
21549	21549
21550	21550
21551	21551	SB0280- 604 -LRB103 24970 AMQ 51304 b SB0280 - 604 - LRB103 24970 AMQ 51304 b
21552	21552	SB0280 - 604 - LRB103 24970 AMQ 51304 b
21553	21553	1 the supplier might operate. A supplier shall file a quarterly
21554	21554	2 return with the Division Board listing all sales and leases. A
21555	21555	3 supplier shall permanently affix its name or a distinctive
21556	21556	4 logo or other mark or design element identifying the
21557	21557	5 manufacturer or supplier to all its equipment, devices, and
21558	21558	6 supplies, except gaming chips without a value impressed,
21559	21559	7 engraved, or imprinted on it, for gambling operations. The
21560	21560	8 Division Board may waive this requirement for any specific
21561	21561	9 product or products if it determines that the requirement is
21562	21562	10 not necessary to protect the integrity of the game. Items
21563	21563	11 purchased from a licensed supplier may continue to be used
21564	21564	12 even though the supplier subsequently changes its name,
21565	21565	13 distinctive logo, or other mark or design element; undergoes a
21566	21566	14 change in ownership; or ceases to be licensed as a supplier for
21567	21567	15 any reason. Any supplier's equipment, devices or supplies
21568	21568	16 which are used by any person in an unauthorized gambling
21569	21569	17 operation shall be forfeited to the State. A holder of an
21570	21570	18 owners license or an organization gaming license may own its
21571	21571	19 own equipment, devices and supplies. Each holder of an owners
21572	21572	20 license or an organization gaming license under the Act shall
21573	21573	21 file an annual report listing its inventories of gambling
21574	21574	22 equipment, devices and supplies.
21575	21575	23 (f) Any person who knowingly makes a false statement on an
21576	21576	24 application is guilty of a Class A misdemeanor.
21577	21577	25 (g) Any gambling equipment, devices and supplies provided
21578	21578	26 by any licensed supplier may either be repaired on the
21579	21579
21580	21580
21581	21581
21582	21582
21583	21583
21584	21584	SB0280 - 604 - LRB103 24970 AMQ 51304 b
21585	21585
21586	21586
21587	21587	SB0280- 605 -LRB103 24970 AMQ 51304 b SB0280 - 605 - LRB103 24970 AMQ 51304 b
21588	21588	SB0280 - 605 - LRB103 24970 AMQ 51304 b
21589	21589	1 riverboat, in the casino, or at the organization gaming
21590	21590	2 facility or removed from the riverboat, casino, or
21591	21591	3 organization gaming facility to a facility owned by the holder
21592	21592	4 of an owners license, organization gaming license, or
21593	21593	5 suppliers license for repair.
21594	21594	6 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
21595	21595	7 (230 ILCS 10/9) (from Ch. 120, par. 2409)
21596	21596	8 Sec. 9. Occupational licenses.
21597	21597	9 (a) The Division Board may issue an occupational license
21598	21598	10 to an applicant upon the payment of a non-refundable fee set by
21599	21599	11 the Division Board, upon a determination by the Division Board
21600	21600	12 that the applicant is eligible for an occupational license and
21601	21601	13 upon payment of an annual license fee in an amount to be
21602	21602	14 established. To be eligible for an occupational license, an
21603	21603	15 applicant must:
21604	21604	16 (1) be at least 21 years of age if the applicant will
21605	21605	17 perform any function involved in gaming by patrons. Any
21606	21606	18 applicant seeking an occupational license for a non-gaming
21607	21607	19 function shall be at least 18 years of age;
21608	21608	20 (2) not have been convicted of a felony offense, a
21609	21609	21 violation of Article 28 of the Criminal Code of 1961 or the
21610	21610	22 Criminal Code of 2012, or a similar statute of any other
21611	21611	23 jurisdiction;
21612	21612	24 (2.5) not have been convicted of a crime, other than a
21613	21613	25 crime described in item (2) of this subsection (a),
21614	21614
21615	21615
21616	21616
21617	21617
21618	21618
21619	21619	SB0280 - 605 - LRB103 24970 AMQ 51304 b
21620	21620
21621	21621
21622	21622	SB0280- 606 -LRB103 24970 AMQ 51304 b SB0280 - 606 - LRB103 24970 AMQ 51304 b
21623	21623	SB0280 - 606 - LRB103 24970 AMQ 51304 b
21624	21624	1 involving dishonesty or moral turpitude, except that the
21625	21625	2 Division Board may, in its discretion, issue an
21626	21626	3 occupational license to a person who has been convicted of
21627	21627	4 a crime described in this item (2.5) more than 10 years
21628	21628	5 prior to his or her application and has not subsequently
21629	21629	6 been convicted of any other crime;
21630	21630	7 (3) have demonstrated a level of skill or knowledge
21631	21631	8 which the Division Board determines to be necessary in
21632	21632	9 order to operate gambling aboard a riverboat, in a casino,
21633	21633	10 or at an organization gaming facility; and
21634	21634	11 (4) have met standards for the holding of an
21635	21635	12 occupational license as adopted by rules of the Division
21636	21636	13 Board. Such rules shall provide that any person or entity
21637	21637	14 seeking an occupational license to manage gambling
21638	21638	15 operations under this Act shall be subject to background
21639	21639	16 inquiries and further requirements similar to those
21640	21640	17 required of applicants for an owners license. Furthermore,
21641	21641	18 such rules shall provide that each such entity shall be
21642	21642	19 permitted to manage gambling operations for only one
21643	21643	20 licensed owner.
21644	21644	21 (b) Each application for an occupational license shall be
21645	21645	22 on forms prescribed by the Division Board and shall contain
21646	21646	23 all information required by the Division Board. The applicant
21647	21647	24 shall set forth in the application: whether he has been issued
21648	21648	25 prior gambling related licenses; whether he has been licensed
21649	21649	26 in any other state under any other name, and, if so, such name
21650	21650
21651	21651
21652	21652
21653	21653
21654	21654
21655	21655	SB0280 - 606 - LRB103 24970 AMQ 51304 b
21656	21656
21657	21657
21658	21658	SB0280- 607 -LRB103 24970 AMQ 51304 b SB0280 - 607 - LRB103 24970 AMQ 51304 b
21659	21659	SB0280 - 607 - LRB103 24970 AMQ 51304 b
21660	21660	1 and his age; and whether or not a permit or license issued to
21661	21661	2 him in any other state has been suspended, restricted or
21662	21662	3 revoked, and, if so, for what period of time.
21663	21663	4 (c) Each applicant shall submit with his application, on
21664	21664	5 forms provided by the Division Board, 2 sets of his
21665	21665	6 fingerprints. The Division Board shall charge each applicant a
21666	21666	7 fee set by the Illinois State Police to defray the costs
21667	21667	8 associated with the search and classification of fingerprints
21668	21668	9 obtained by the Division Board with respect to the applicant's
21669	21669	10 application. These fees shall be paid into the State Police
21670	21670	11 Services Fund.
21671	21671	12 (d) The Division Board may in its discretion refuse an
21672	21672	13 occupational license to any person: (1) who is unqualified to
21673	21673	14 perform the duties required of such applicant; (2) who fails
21674	21674	15 to disclose or states falsely any information called for in
21675	21675	16 the application; (3) who has been found guilty of a violation
21676	21676	17 of this Act or whose prior gambling related license or
21677	21677	18 application therefor has been suspended, restricted, revoked
21678	21678	19 or denied for just cause in any other state; or (4) for any
21679	21679	20 other just cause.
21680	21680	21 (e) The Division Board may suspend, revoke or restrict any
21681	21681	22 occupational licensee: (1) for violation of any provision of
21682	21682	23 this Act; (2) for violation of any of the rules and regulations
21683	21683	24 of the Division Board; (3) for any cause which, if known to the
21684	21684	25 Division Board, would have disqualified the applicant from
21685	21685	26 receiving such license; or (4) for default in the payment of
21686	21686
21687	21687
21688	21688
21689	21689
21690	21690
21691	21691	SB0280 - 607 - LRB103 24970 AMQ 51304 b
21692	21692
21693	21693
21694	21694	SB0280- 608 -LRB103 24970 AMQ 51304 b SB0280 - 608 - LRB103 24970 AMQ 51304 b
21695	21695	SB0280 - 608 - LRB103 24970 AMQ 51304 b
21696	21696	1 any obligation or debt due to the State of Illinois; or (5) for
21697	21697	2 any other just cause.
21698	21698	3 (f) A person who knowingly makes a false statement on an
21699	21699	4 application is guilty of a Class A misdemeanor.
21700	21700	5 (g) Any license issued pursuant to this Section shall be
21701	21701	6 valid for a period of one year from the date of issuance.
21702	21702	7 (h) Nothing in this Act shall be interpreted to prohibit a
21703	21703	8 licensed owner or organization gaming licensee from entering
21704	21704	9 into an agreement with a public community college or a school
21705	21705	10 approved under the Private Business and Vocational Schools Act
21706	21706	11 of 2012 for the training of any occupational licensee. Any
21707	21707	12 training offered by such a school shall be in accordance with a
21708	21708	13 written agreement between the licensed owner or organization
21709	21709	14 gaming licensee and the school.
21710	21710	15 (i) Any training provided for occupational licensees may
21711	21711	16 be conducted either at the site of the gambling facility or at
21712	21712	17 a school with which a licensed owner or organization gaming
21713	21713	18 licensee has entered into an agreement pursuant to subsection
21714	21714	19 (h).
21715	21715	20 (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
21716	21716	21 (230 ILCS 10/10) (from Ch. 120, par. 2410)
21717	21717	22 Sec. 10. Bond of licensee. Before an owners license is
21718	21718	23 issued or re-issued or a managers license is issued, the
21719	21719	24 licensee shall post a bond in the sum of $200,000 to the State
21720	21720	25 of Illinois. The bond shall be used to guarantee that the
21721	21721
21722	21722
21723	21723
21724	21724
21725	21725
21726	21726	SB0280 - 608 - LRB103 24970 AMQ 51304 b
21727	21727
21728	21728
21729	21729	SB0280- 609 -LRB103 24970 AMQ 51304 b SB0280 - 609 - LRB103 24970 AMQ 51304 b
21730	21730	SB0280 - 609 - LRB103 24970 AMQ 51304 b
21731	21731	1 licensee faithfully makes the payments, keeps his books and
21732	21732	2 records and makes reports, and conducts his games of chance in
21733	21733	3 conformity with this Act and the rules adopted by the Division
21734	21734	4 Board. The bond shall not be canceled by a surety on less than
21735	21735	5 30 days notice in writing to the Division Board. If a bond is
21736	21736	6 canceled and the licensee fails to file a new bond with the
21737	21737	7 Division Board in the required amount on or before the
21738	21738	8 effective date of cancellation, the licensee's license shall
21739	21739	9 be revoked. The total and aggregate liability of the surety on
21740	21740	10 the bond is limited to the amount specified in the bond.
21741	21741	11 (Source: P.A. 93-28, eff. 6-20-03.)
21742	21742	12 (230 ILCS 10/11) (from Ch. 120, par. 2411)
21743	21743	13 Sec. 11. Conduct of gambling. Gambling may be conducted by
21744	21744	14 licensed owners or licensed managers on behalf of the State
21745	21745	15 aboard riverboats. Gambling may be conducted by organization
21746	21746	16 gaming licensees at organization gaming facilities. Gambling
21747	21747	17 authorized under this Section is subject to the following
21748	21748	18 standards:
21749	21749	19 (1) A licensee may conduct riverboat gambling
21750	21750	20 authorized under this Act regardless of whether it
21751	21751	21 conducts excursion cruises. A licensee may permit the
21752	21752	22 continuous ingress and egress of patrons on a riverboat
21753	21753	23 not used for excursion cruises for the purpose of
21754	21754	24 gambling. Excursion cruises shall not exceed 4 hours for a
21755	21755	25 round trip. However, the Division Board may grant express
21756	21756
21757	21757
21758	21758
21759	21759
21760	21760
21761	21761	SB0280 - 609 - LRB103 24970 AMQ 51304 b
21762	21762
21763	21763
21764	21764	SB0280- 610 -LRB103 24970 AMQ 51304 b SB0280 - 610 - LRB103 24970 AMQ 51304 b
21765	21765	SB0280 - 610 - LRB103 24970 AMQ 51304 b
21766	21766	1 approval for an extended cruise on a case-by-case basis.
21767	21767	2 (1.5) An owners licensee may conduct gambling
21768	21768	3 operations authorized under this Act 24 hours a day.
21769	21769	4 (2) (Blank).
21770	21770	5 (3) Minimum and maximum wagers on games shall be set
21771	21771	6 by the licensee.
21772	21772	7 (4) Agents of the Division Board and the Illinois
21773	21773	8 State Police may board and inspect any riverboat, enter
21774	21774	9 and inspect any portion of a casino, or enter and inspect
21775	21775	10 any portion of an organization gaming facility at any time
21776	21776	11 for the purpose of determining whether this Act is being
21777	21777	12 complied with. Every riverboat, if under way and being
21778	21778	13 hailed by a law enforcement officer or agent of the
21779	21779	14 Division Board, must stop immediately and lay to.
21780	21780	15 (5) Employees of the Division Board shall have the
21781	21781	16 right to be present on the riverboat or in the casino or on
21782	21782	17 adjacent facilities under the control of the licensee and
21783	21783	18 at the organization gaming facility under the control of
21784	21784	19 the organization gaming licensee.
21785	21785	20 (6) Gambling equipment and supplies customarily used
21786	21786	21 in conducting gambling must be purchased or leased only
21787	21787	22 from suppliers licensed for such purpose under this Act.
21788	21788	23 The Division Board may approve the transfer, sale, or
21789	21789	24 lease of gambling equipment and supplies by a licensed
21790	21790	25 owner from or to an affiliate of the licensed owner as long
21791	21791	26 as the gambling equipment and supplies were initially
21792	21792
21793	21793
21794	21794
21795	21795
21796	21796
21797	21797	SB0280 - 610 - LRB103 24970 AMQ 51304 b
21798	21798
21799	21799
21800	21800	SB0280- 611 -LRB103 24970 AMQ 51304 b SB0280 - 611 - LRB103 24970 AMQ 51304 b
21801	21801	SB0280 - 611 - LRB103 24970 AMQ 51304 b
21802	21802	1 acquired from a supplier licensed in Illinois.
21803	21803	2 (7) Persons licensed under this Act shall permit no
21804	21804	3 form of wagering on gambling games except as permitted by
21805	21805	4 this Act.
21806	21806	5 (8) Wagers may be received only from a person present
21807	21807	6 on a licensed riverboat, in a casino, or at an
21808	21808	7 organization gaming facility. No person present on a
21809	21809	8 licensed riverboat, in a casino, or at an organization
21810	21810	9 gaming facility shall place or attempt to place a wager on
21811	21811	10 behalf of another person who is not present on the
21812	21812	11 riverboat, in a casino, or at the organization gaming
21813	21813	12 facility.
21814	21814	13 (9) Wagering, including gaming authorized under
21815	21815	14 Section 7.7, shall not be conducted with money or other
21816	21816	15 negotiable currency.
21817	21817	16 (10) A person under age 21 shall not be permitted on an
21818	21818	17 area of a riverboat or casino where gambling is being
21819	21819	18 conducted or at an organization gaming facility where
21820	21820	19 gambling is being conducted, except for a person at least
21821	21821	20 18 years of age who is an employee of the riverboat or
21822	21822	21 casino gambling operation or gaming operation. No employee
21823	21823	22 under age 21 shall perform any function involved in
21824	21824	23 gambling by the patrons. No person under age 21 shall be
21825	21825	24 permitted to make a wager under this Act, and any winnings
21826	21826	25 that are a result of a wager by a person under age 21,
21827	21827	26 whether or not paid by a licensee, shall be treated as
21828	21828
21829	21829
21830	21830
21831	21831
21832	21832
21833	21833	SB0280 - 611 - LRB103 24970 AMQ 51304 b
21834	21834
21835	21835
21836	21836	SB0280- 612 -LRB103 24970 AMQ 51304 b SB0280 - 612 - LRB103 24970 AMQ 51304 b
21837	21837	SB0280 - 612 - LRB103 24970 AMQ 51304 b
21838	21838	1 winnings for the privilege tax purposes, confiscated, and
21839	21839	2 forfeited to the State and deposited into the Education
21840	21840	3 Assistance Fund.
21841	21841	4 (11) Gambling excursion cruises are permitted only
21842	21842	5 when the waterway for which the riverboat is licensed is
21843	21843	6 navigable, as determined by the Division Board in
21844	21844	7 consultation with the U.S. Army Corps of Engineers. This
21845	21845	8 paragraph (11) does not limit the ability of a licensee to
21846	21846	9 conduct gambling authorized under this Act when gambling
21847	21847	10 excursion cruises are not permitted.
21848	21848	11 (12) All tickets, chips, or electronic cards used to
21849	21849	12 make wagers must be purchased (i) from a licensed owner or
21850	21850	13 manager, in the case of a riverboat, either aboard a
21851	21851	14 riverboat or at an onshore facility which has been
21852	21852	15 approved by the Division Board and which is located where
21853	21853	16 the riverboat docks, (ii) in the case of a casino, from a
21854	21854	17 licensed owner at the casino, or (iii) from an
21855	21855	18 organization gaming licensee at the organization gaming
21856	21856	19 facility. The tickets, chips, or electronic cards may be
21857	21857	20 purchased by means of an agreement under which the owner
21858	21858	21 or manager extends credit to the patron. Such tickets,
21859	21859	22 chips, or electronic cards may be used while aboard the
21860	21860	23 riverboat, in the casino, or at the organization gaming
21861	21861	24 facility only for the purpose of making wagers on gambling
21862	21862	25 games.
21863	21863	26 (13) Notwithstanding any other Section of this Act, in
21864	21864
21865	21865
21866	21866
21867	21867
21868	21868
21869	21869	SB0280 - 612 - LRB103 24970 AMQ 51304 b
21870	21870
21871	21871
21872	21872	SB0280- 613 -LRB103 24970 AMQ 51304 b SB0280 - 613 - LRB103 24970 AMQ 51304 b
21873	21873	SB0280 - 613 - LRB103 24970 AMQ 51304 b
21874	21874	1 addition to the other licenses authorized under this Act,
21875	21875	2 the Division Board may issue special event licenses
21876	21876	3 allowing persons who are not otherwise licensed to conduct
21877	21877	4 riverboat gambling to conduct such gambling on a specified
21878	21878	5 date or series of dates. Riverboat gambling under such a
21879	21879	6 license may take place on a riverboat not normally used
21880	21880	7 for riverboat gambling. The Division Board shall establish
21881	21881	8 standards, fees and fines for, and limitations upon, such
21882	21882	9 licenses, which may differ from the standards, fees, fines
21883	21883	10 and limitations otherwise applicable under this Act. All
21884	21884	11 such fees shall be deposited into the State Gaming Fund.
21885	21885	12 All such fines shall be deposited into the Education
21886	21886	13 Assistance Fund, created by Public Act 86-0018, of the
21887	21887	14 State of Illinois.
21888	21888	15 (14) In addition to the above, gambling must be
21889	21889	16 conducted in accordance with all rules adopted by the
21890	21890	17 Division Board.
21891	21891	18 (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
21892	21892	19 (230 ILCS 10/11.2)
21893	21893	20 Sec. 11.2. Relocation of riverboat home dock.
21894	21894	21 (a) A licensee that was not conducting riverboat gambling
21895	21895	22 on January 1, 1998 may apply to the Division Board for renewal
21896	21896	23 and approval of relocation to a new home dock location
21897	21897	24 authorized under Section 3(c) and the Division Board shall
21898	21898	25 grant the application and approval upon receipt by the
21899	21899
21900	21900
21901	21901
21902	21902
21903	21903
21904	21904	SB0280 - 613 - LRB103 24970 AMQ 51304 b
21905	21905
21906	21906
21907	21907	SB0280- 614 -LRB103 24970 AMQ 51304 b SB0280 - 614 - LRB103 24970 AMQ 51304 b
21908	21908	SB0280 - 614 - LRB103 24970 AMQ 51304 b
21909	21909	1 licensee of approval from the new municipality or county, as
21910	21910	2 the case may be, in which the licensee wishes to relocate
21911	21911	3 pursuant to Section 7(j).
21912	21912	4 (b) Any licensee that relocates its home dock pursuant to
21913	21913	5 this Section shall attain a level of at least 20% minority
21914	21914	6 person and woman ownership, at least 16% and 4% respectively,
21915	21915	7 within a time period prescribed by the Division Board, but not
21916	21916	8 to exceed 12 months from the date the licensee begins
21917	21917	9 conducting gambling at the new home dock location. The
21918	21918	10 12-month period shall be extended by the amount of time
21919	21919	11 necessary to conduct a background investigation pursuant to
21920	21920	12 Section 6. For the purposes of this Section, the terms "woman"
21921	21921	13 and "minority person" have the meanings provided in Section 2
21922	21922	14 of the Business Enterprise for Minorities, Women, and Persons
21923	21923	15 with Disabilities Act.
21924	21924	16 (Source: P.A. 100-391, eff. 8-25-17.)
21925	21925	17 (230 ILCS 10/12) (from Ch. 120, par. 2412)
21926	21926	18 Sec. 12. Admission tax; fees.
21927	21927	19 (a) A tax is hereby imposed upon admissions to riverboat
21928	21928	20 and casino gambling facilities operated by licensed owners
21929	21929	21 authorized pursuant to this Act. Until July 1, 2002, the rate
21930	21930	22 is $2 per person admitted. From July 1, 2002 until July 1,
21931	21931	23 2003, the rate is $3 per person admitted. From July 1, 2003
21932	21932	24 until August 23, 2005 (the effective date of Public Act
21933	21933	25 94-673), for a licensee that admitted 1,000,000 persons or
21934	21934
21935	21935
21936	21936
21937	21937
21938	21938
21939	21939	SB0280 - 614 - LRB103 24970 AMQ 51304 b
21940	21940
21941	21941
21942	21942	SB0280- 615 -LRB103 24970 AMQ 51304 b SB0280 - 615 - LRB103 24970 AMQ 51304 b
21943	21943	SB0280 - 615 - LRB103 24970 AMQ 51304 b
21944	21944	1 fewer in the previous calendar year, the rate is $3 per person
21945	21945	2 admitted; for a licensee that admitted more than 1,000,000 but
21946	21946	3 no more than 2,300,000 persons in the previous calendar year,
21947	21947	4 the rate is $4 per person admitted; and for a licensee that
21948	21948	5 admitted more than 2,300,000 persons in the previous calendar
21949	21949	6 year, the rate is $5 per person admitted. Beginning on August
21950	21950	7 23, 2005 (the effective date of Public Act 94-673), for a
21951	21951	8 licensee that admitted 1,000,000 persons or fewer in calendar
21952	21952	9 year 2004, the rate is $2 per person admitted, and for all
21953	21953	10 other licensees, including licensees that were not conducting
21954	21954	11 gambling operations in 2004, the rate is $3 per person
21955	21955	12 admitted. This admission tax is imposed upon the licensed
21956	21956	13 owner conducting gambling.
21957	21957	14 (1) The admission tax shall be paid for each
21958	21958	15 admission, except that a person who exits a riverboat
21959	21959	16 gambling facility and reenters that riverboat gambling
21960	21960	17 facility within the same gaming day shall be subject only
21961	21961	18 to the initial admission tax.
21962	21962	19 (2) (Blank).
21963	21963	20 (3) The riverboat licensee may issue tax-free passes
21964	21964	21 to actual and necessary officials and employees of the
21965	21965	22 licensee or other persons actually working on the
21966	21966	23 riverboat.
21967	21967	24 (4) The number and issuance of tax-free passes is
21968	21968	25 subject to the rules of the Division Board, and a list of
21969	21969	26 all persons to whom the tax-free passes are issued shall
21970	21970
21971	21971
21972	21972
21973	21973
21974	21974
21975	21975	SB0280 - 615 - LRB103 24970 AMQ 51304 b
21976	21976
21977	21977
21978	21978	SB0280- 616 -LRB103 24970 AMQ 51304 b SB0280 - 616 - LRB103 24970 AMQ 51304 b
21979	21979	SB0280 - 616 - LRB103 24970 AMQ 51304 b
21980	21980	1 be filed with the Division Board.
21981	21981	2 (a-5) A fee is hereby imposed upon admissions operated by
21982	21982	3 licensed managers on behalf of the State pursuant to Section
21983	21983	4 7.3 at the rates provided in this subsection (a-5). For a
21984	21984	5 licensee that admitted 1,000,000 persons or fewer in the
21985	21985	6 previous calendar year, the rate is $3 per person admitted;
21986	21986	7 for a licensee that admitted more than 1,000,000 but no more
21987	21987	8 than 2,300,000 persons in the previous calendar year, the rate
21988	21988	9 is $4 per person admitted; and for a licensee that admitted
21989	21989	10 more than 2,300,000 persons in the previous calendar year, the
21990	21990	11 rate is $5 per person admitted.
21991	21991	12 (1) The admission fee shall be paid for each
21992	21992	13 admission.
21993	21993	14 (2) (Blank).
21994	21994	15 (3) The licensed manager may issue fee-free passes to
21995	21995	16 actual and necessary officials and employees of the
21996	21996	17 manager or other persons actually working on the
21997	21997	18 riverboat.
21998	21998	19 (4) The number and issuance of fee-free passes is
21999	21999	20 subject to the rules of the Division Board, and a list of
22000	22000	21 all persons to whom the fee-free passes are issued shall
22001	22001	22 be filed with the Division Board.
22002	22002	23 (b) Except as provided in subsection (b-5), from the tax
22003	22003	24 imposed under subsection (a) and the fee imposed under
22004	22004	25 subsection (a-5), a municipality shall receive from the State
22005	22005	26 $1 for each person embarking on a riverboat docked within the
22006	22006
22007	22007
22008	22008
22009	22009
22010	22010
22011	22011	SB0280 - 616 - LRB103 24970 AMQ 51304 b
22012	22012
22013	22013
22014	22014	SB0280- 617 -LRB103 24970 AMQ 51304 b SB0280 - 617 - LRB103 24970 AMQ 51304 b
22015	22015	SB0280 - 617 - LRB103 24970 AMQ 51304 b
22016	22016	1 municipality or entering a casino located within the
22017	22017	2 municipality, and a county shall receive $1 for each person
22018	22018	3 entering a casino or embarking on a riverboat docked within
22019	22019	4 the county but outside the boundaries of any municipality. The
22020	22020	5 municipality's or county's share shall be collected by the
22021	22021	6 Division Board on behalf of the State and remitted quarterly
22022	22022	7 by the State, subject to appropriation, to the treasurer of
22023	22023	8 the unit of local government for deposit in the general fund.
22024	22024	9 (b-5) From the tax imposed under subsection (a) and the
22025	22025	10 fee imposed under subsection (a-5), $1 for each person
22026	22026	11 embarking on a riverboat designated in paragraph (4) of
22027	22027	12 subsection (e-5) of Section 7 shall be divided as follows:
22028	22028	13 $0.70 to the City of Rockford, $0.05 to the City of Loves Park,
22029	22029	14 $0.05 to the Village of Machesney Park, and $0.20 to Winnebago
22030	22030	15 County.
22031	22031	16 The municipality's or county's share shall be collected by
22032	22032	17 the Division Board on behalf of the State and remitted monthly
22033	22033	18 by the State, subject to appropriation, to the treasurer of
22034	22034	19 the unit of local government for deposit in the general fund.
22035	22035	20 (b-10) From the tax imposed under subsection (a) and the
22036	22036	21 fee imposed under subsection (a-5), $1 for each person
22037	22037	22 embarking on a riverboat or entering a casino designated in
22038	22038	23 paragraph (1) of subsection (e-5) of Section 7 shall be
22039	22039	24 divided as follows: $0.70 to the City of Chicago, $0.15 to the
22040	22040	25 Village of Maywood, and $0.15 to the Village of Summit.
22041	22041	26 The municipality's or county's share shall be collected by
22042	22042
22043	22043
22044	22044
22045	22045
22046	22046
22047	22047	SB0280 - 617 - LRB103 24970 AMQ 51304 b
22048	22048
22049	22049
22050	22050	SB0280- 618 -LRB103 24970 AMQ 51304 b SB0280 - 618 - LRB103 24970 AMQ 51304 b
22051	22051	SB0280 - 618 - LRB103 24970 AMQ 51304 b
22052	22052	1 the Division Board on behalf of the State and remitted monthly
22053	22053	2 by the State, subject to appropriation, to the treasurer of
22054	22054	3 the unit of local government for deposit in the general fund.
22055	22055	4 (b-15) From the tax imposed under subsection (a) and the
22056	22056	5 fee imposed under subsection (a-5), $1 for each person
22057	22057	6 embarking on a riverboat or entering a casino designated in
22058	22058	7 paragraph (2) of subsection (e-5) of Section 7 shall be
22059	22059	8 divided as follows: $0.70 to the City of Danville and $0.30 to
22060	22060	9 Vermilion County.
22061	22061	10 The municipality's or county's share shall be collected by
22062	22062	11 the Division Board on behalf of the State and remitted monthly
22063	22063	12 by the State, subject to appropriation, to the treasurer of
22064	22064	13 the unit of local government for deposit in the general fund.
22065	22065	14 (c) The licensed owner shall pay the entire admission tax
22066	22066	15 to the Division Board and the licensed manager shall pay the
22067	22067	16 entire admission fee to the Division Board. Such payments
22068	22068	17 shall be made daily. Accompanying each payment shall be a
22069	22069	18 return on forms provided by the Division Board which shall
22070	22070	19 include other information regarding admissions as the Division
22071	22071	20 Board may require. Failure to submit either the payment or the
22072	22072	21 return within the specified time may result in suspension or
22073	22073	22 revocation of the owners or managers license.
22074	22074	23 (c-5) A tax is imposed on admissions to organization
22075	22075	24 gaming facilities at the rate of $3 per person admitted by an
22076	22076	25 organization gaming licensee. The tax is imposed upon the
22077	22077	26 organization gaming licensee.
22078	22078
22079	22079
22080	22080
22081	22081
22082	22082
22083	22083	SB0280 - 618 - LRB103 24970 AMQ 51304 b
22084	22084
22085	22085
22086	22086	SB0280- 619 -LRB103 24970 AMQ 51304 b SB0280 - 619 - LRB103 24970 AMQ 51304 b
22087	22087	SB0280 - 619 - LRB103 24970 AMQ 51304 b
22088	22088	1 (1) The admission tax shall be paid for each
22089	22089	2 admission, except that a person who exits an organization
22090	22090	3 gaming facility and reenters that organization gaming
22091	22091	4 facility within the same gaming day, as the term "gaming
22092	22092	5 day" is defined by the Division Board by rule, shall be
22093	22093	6 subject only to the initial admission tax. The Division
22094	22094	7 Board shall establish, by rule, a procedure to determine
22095	22095	8 whether a person admitted to an organization gaming
22096	22096	9 facility has paid the admission tax.
22097	22097	10 (2) An organization gaming licensee may issue tax-free
22098	22098	11 passes to actual and necessary officials and employees of
22099	22099	12 the licensee and other persons associated with its gaming
22100	22100	13 operations.
22101	22101	14 (3) The number and issuance of tax-free passes is
22102	22102	15 subject to the rules of the Division Board, and a list of
22103	22103	16 all persons to whom the tax-free passes are issued shall
22104	22104	17 be filed with the Division Board.
22105	22105	18 (4) The organization gaming licensee shall pay the
22106	22106	19 entire admission tax to the Division Board.
22107	22107	20 Such payments shall be made daily. Accompanying each
22108	22108	21 payment shall be a return on forms provided by the Division
22109	22109	22 Board, which shall include other information regarding
22110	22110	23 admission as the Division Board may require. Failure to submit
22111	22111	24 either the payment or the return within the specified time may
22112	22112	25 result in suspension or revocation of the organization gaming
22113	22113	26 license.
22114	22114
22115	22115
22116	22116
22117	22117
22118	22118
22119	22119	SB0280 - 619 - LRB103 24970 AMQ 51304 b
22120	22120
22121	22121
22122	22122	SB0280- 620 -LRB103 24970 AMQ 51304 b SB0280 - 620 - LRB103 24970 AMQ 51304 b
22123	22123	SB0280 - 620 - LRB103 24970 AMQ 51304 b
22124	22124	1 From the tax imposed under this subsection (c-5), a
22125	22125	2 municipality other than the Village of Stickney or the City of
22126	22126	3 Collinsville in which an organization gaming facility is
22127	22127	4 located, or if the organization gaming facility is not located
22128	22128	5 within a municipality, then the county in which the
22129	22129	6 organization gaming facility is located, except as otherwise
22130	22130	7 provided in this Section, shall receive, subject to
22131	22131	8 appropriation, $1 for each person who enters the organization
22132	22132	9 gaming facility. For each admission to the organization gaming
22133	22133	10 facility in excess of 1,500,000 in a year, from the tax imposed
22134	22134	11 under this subsection (c-5), the county in which the
22135	22135	12 organization gaming facility is located shall receive, subject
22136	22136	13 to appropriation, $0.30, which shall be in addition to any
22137	22137	14 other moneys paid to the county under this Section.
22138	22138	15 From the tax imposed under this subsection (c-5) on an
22139	22139	16 organization gaming facility located in the Village of
22140	22140	17 Stickney, $1 for each person who enters the organization
22141	22141	18 gaming facility shall be distributed as follows, subject to
22142	22142	19 appropriation: $0.24 to the Village of Stickney, $0.49 to the
22143	22143	20 Town of Cicero, $0.05 to the City of Berwyn, and $0.17 to the
22144	22144	21 Stickney Public Health District, and $0.05 to the City of
22145	22145	22 Bridgeview.
22146	22146	23 From the tax imposed under this subsection (c-5) on an
22147	22147	24 organization gaming facility located in the City of
22148	22148	25 Collinsville, the following shall each receive 10 cents for
22149	22149	26 each person who enters the organization gaming facility,
22150	22150
22151	22151
22152	22152
22153	22153
22154	22154
22155	22155	SB0280 - 620 - LRB103 24970 AMQ 51304 b
22156	22156
22157	22157
22158	22158	SB0280- 621 -LRB103 24970 AMQ 51304 b SB0280 - 621 - LRB103 24970 AMQ 51304 b
22159	22159	SB0280 - 621 - LRB103 24970 AMQ 51304 b
22160	22160	1 subject to appropriation: the Village of Alorton; the Village
22161	22161	2 of Washington Park; State Park Place; the Village of Fairmont
22162	22162	3 City; the City of Centreville; the Village of Brooklyn; the
22163	22163	4 City of Venice; the City of Madison; the Village of
22164	22164	5 Caseyville; and the Village of Pontoon Beach.
22165	22165	6 On the 25th day of each month, all amounts remaining after
22166	22166	7 payments required under this subsection (c-5) have been made
22167	22167	8 shall be transferred into the Capital Projects Fund.
22168	22168	9 (d) The Division Board shall administer and collect the
22169	22169	10 admission tax imposed by this Section, to the extent
22170	22170	11 practicable, in a manner consistent with the provisions of
22171	22171	12 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
22172	22172	13 6c, 8, 9 and 10 of the Retailers' Occupation Tax Act and
22173	22173	14 Section 3-7 of the Uniform Penalty and Interest Act.
22174	22174	15 (Source: P.A. 101-31, eff. 6-28-19.)
22175	22175	16 (230 ILCS 10/13) (from Ch. 120, par. 2413)
22176	22176	17 Sec. 13. Wagering tax; rate; distribution.
22177	22177	18 (a) Until January 1, 1998, a tax is imposed on the adjusted
22178	22178	19 gross receipts received from gambling games authorized under
22179	22179	20 this Act at the rate of 20%.
22180	22180	21 (a-1) From January 1, 1998 until July 1, 2002, a privilege
22181	22181	22 tax is imposed on persons engaged in the business of
22182	22182	23 conducting riverboat gambling operations, based on the
22183	22183	24 adjusted gross receipts received by a licensed owner from
22184	22184	25 gambling games authorized under this Act at the following
22185	22185
22186	22186
22187	22187
22188	22188
22189	22189
22190	22190	SB0280 - 621 - LRB103 24970 AMQ 51304 b
22191	22191
22192	22192
22193	22193	SB0280- 622 -LRB103 24970 AMQ 51304 b SB0280 - 622 - LRB103 24970 AMQ 51304 b
22194	22194	SB0280 - 622 - LRB103 24970 AMQ 51304 b
22195	22195	1 rates:
22196	22196	2 15% of annual adjusted gross receipts up to and
22197	22197	3 including $25,000,000;
22198	22198	4 20% of annual adjusted gross receipts in excess of
22199	22199	5 $25,000,000 but not exceeding $50,000,000;
22200	22200	6 25% of annual adjusted gross receipts in excess of
22201	22201	7 $50,000,000 but not exceeding $75,000,000;
22202	22202	8 30% of annual adjusted gross receipts in excess of
22203	22203	9 $75,000,000 but not exceeding $100,000,000;
22204	22204	10 35% of annual adjusted gross receipts in excess of
22205	22205	11 $100,000,000.
22206	22206	12 (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
22207	22207	13 is imposed on persons engaged in the business of conducting
22208	22208	14 riverboat gambling operations, other than licensed managers
22209	22209	15 conducting riverboat gambling operations on behalf of the
22210	22210	16 State, based on the adjusted gross receipts received by a
22211	22211	17 licensed owner from gambling games authorized under this Act
22212	22212	18 at the following rates:
22213	22213	19 15% of annual adjusted gross receipts up to and
22214	22214	20 including $25,000,000;
22215	22215	21 22.5% of annual adjusted gross receipts in excess of
22216	22216	22 $25,000,000 but not exceeding $50,000,000;
22217	22217	23 27.5% of annual adjusted gross receipts in excess of
22218	22218	24 $50,000,000 but not exceeding $75,000,000;
22219	22219	25 32.5% of annual adjusted gross receipts in excess of
22220	22220	26 $75,000,000 but not exceeding $100,000,000;
22221	22221
22222	22222
22223	22223
22224	22224
22225	22225
22226	22226	SB0280 - 622 - LRB103 24970 AMQ 51304 b
22227	22227
22228	22228
22229	22229	SB0280- 623 -LRB103 24970 AMQ 51304 b SB0280 - 623 - LRB103 24970 AMQ 51304 b
22230	22230	SB0280 - 623 - LRB103 24970 AMQ 51304 b
22231	22231	1 37.5% of annual adjusted gross receipts in excess of
22232	22232	2 $100,000,000 but not exceeding $150,000,000;
22233	22233	3 45% of annual adjusted gross receipts in excess of
22234	22234	4 $150,000,000 but not exceeding $200,000,000;
22235	22235	5 50% of annual adjusted gross receipts in excess of
22236	22236	6 $200,000,000.
22237	22237	7 (a-3) Beginning July 1, 2003, a privilege tax is imposed
22238	22238	8 on persons engaged in the business of conducting riverboat
22239	22239	9 gambling operations, other than licensed managers conducting
22240	22240	10 riverboat gambling operations on behalf of the State, based on
22241	22241	11 the adjusted gross receipts received by a licensed owner from
22242	22242	12 gambling games authorized under this Act at the following
22243	22243	13 rates:
22244	22244	14 15% of annual adjusted gross receipts up to and
22245	22245	15 including $25,000,000;
22246	22246	16 27.5% of annual adjusted gross receipts in excess of
22247	22247	17 $25,000,000 but not exceeding $37,500,000;
22248	22248	18 32.5% of annual adjusted gross receipts in excess of
22249	22249	19 $37,500,000 but not exceeding $50,000,000;
22250	22250	20 37.5% of annual adjusted gross receipts in excess of
22251	22251	21 $50,000,000 but not exceeding $75,000,000;
22252	22252	22 45% of annual adjusted gross receipts in excess of
22253	22253	23 $75,000,000 but not exceeding $100,000,000;
22254	22254	24 50% of annual adjusted gross receipts in excess of
22255	22255	25 $100,000,000 but not exceeding $250,000,000;
22256	22256	26 70% of annual adjusted gross receipts in excess of
22257	22257
22258	22258
22259	22259
22260	22260
22261	22261
22262	22262	SB0280 - 623 - LRB103 24970 AMQ 51304 b
22263	22263
22264	22264
22265	22265	SB0280- 624 -LRB103 24970 AMQ 51304 b SB0280 - 624 - LRB103 24970 AMQ 51304 b
22266	22266	SB0280 - 624 - LRB103 24970 AMQ 51304 b
22267	22267	1 $250,000,000.
22268	22268	2 An amount equal to the amount of wagering taxes collected
22269	22269	3 under this subsection (a-3) that are in addition to the amount
22270	22270	4 of wagering taxes that would have been collected if the
22271	22271	5 wagering tax rates under subsection (a-2) were in effect shall
22272	22272	6 be paid into the Common School Fund.
22273	22273	7 The privilege tax imposed under this subsection (a-3)
22274	22274	8 shall no longer be imposed beginning on the earlier of (i) July
22275	22275	9 1, 2005; (ii) the first date after June 20, 2003 that riverboat
22276	22276	10 gambling operations are conducted pursuant to a dormant
22277	22277	11 license; or (iii) the first day that riverboat gambling
22278	22278	12 operations are conducted under the authority of an owners
22279	22279	13 license that is in addition to the 10 owners licenses
22280	22280	14 initially authorized under this Act. For the purposes of this
22281	22281	15 subsection (a-3), the term "dormant license" means an owners
22282	22282	16 license that is authorized by this Act under which no
22283	22283	17 riverboat gambling operations are being conducted on June 20,
22284	22284	18 2003.
22285	22285	19 (a-4) Beginning on the first day on which the tax imposed
22286	22286	20 under subsection (a-3) is no longer imposed and ending upon
22287	22287	21 the imposition of the privilege tax under subsection (a-5) of
22288	22288	22 this Section, a privilege tax is imposed on persons engaged in
22289	22289	23 the business of conducting gambling operations, other than
22290	22290	24 licensed managers conducting riverboat gambling operations on
22291	22291	25 behalf of the State, based on the adjusted gross receipts
22292	22292	26 received by a licensed owner from gambling games authorized
22293	22293
22294	22294
22295	22295
22296	22296
22297	22297
22298	22298	SB0280 - 624 - LRB103 24970 AMQ 51304 b
22299	22299
22300	22300
22301	22301	SB0280- 625 -LRB103 24970 AMQ 51304 b SB0280 - 625 - LRB103 24970 AMQ 51304 b
22302	22302	SB0280 - 625 - LRB103 24970 AMQ 51304 b
22303	22303	1 under this Act at the following rates:
22304	22304	2 15% of annual adjusted gross receipts up to and
22305	22305	3 including $25,000,000;
22306	22306	4 22.5% of annual adjusted gross receipts in excess of
22307	22307	5 $25,000,000 but not exceeding $50,000,000;
22308	22308	6 27.5% of annual adjusted gross receipts in excess of
22309	22309	7 $50,000,000 but not exceeding $75,000,000;
22310	22310	8 32.5% of annual adjusted gross receipts in excess of
22311	22311	9 $75,000,000 but not exceeding $100,000,000;
22312	22312	10 37.5% of annual adjusted gross receipts in excess of
22313	22313	11 $100,000,000 but not exceeding $150,000,000;
22314	22314	12 45% of annual adjusted gross receipts in excess of
22315	22315	13 $150,000,000 but not exceeding $200,000,000;
22316	22316	14 50% of annual adjusted gross receipts in excess of
22317	22317	15 $200,000,000.
22318	22318	16 For the imposition of the privilege tax in this subsection
22319	22319	17 (a-4), amounts paid pursuant to item (1) of subsection (b) of
22320	22320	18 Section 56 of the Illinois Horse Racing Act of 1975 shall not
22321	22321	19 be included in the determination of adjusted gross receipts.
22322	22322	20 (a-5)(1) Beginning on July 1, 2020, a privilege tax is
22323	22323	21 imposed on persons engaged in the business of conducting
22324	22324	22 gambling operations, other than the owners licensee under
22325	22325	23 paragraph (1) of subsection (e-5) of Section 7 and licensed
22326	22326	24 managers conducting riverboat gambling operations on behalf of
22327	22327	25 the State, based on the adjusted gross receipts received by
22328	22328	26 such licensee from the gambling games authorized under this
22329	22329
22330	22330
22331	22331
22332	22332
22333	22333
22334	22334	SB0280 - 625 - LRB103 24970 AMQ 51304 b
22335	22335
22336	22336
22337	22337	SB0280- 626 -LRB103 24970 AMQ 51304 b SB0280 - 626 - LRB103 24970 AMQ 51304 b
22338	22338	SB0280 - 626 - LRB103 24970 AMQ 51304 b
22339	22339	1 Act. The privilege tax for all gambling games other than table
22340	22340	2 games, including, but not limited to, slot machines, video
22341	22341	3 game of chance gambling, and electronic gambling games shall
22342	22342	4 be at the following rates:
22343	22343	5 15% of annual adjusted gross receipts up to and
22344	22344	6 including $25,000,000;
22345	22345	7 22.5% of annual adjusted gross receipts in excess of
22346	22346	8 $25,000,000 but not exceeding $50,000,000;
22347	22347	9 27.5% of annual adjusted gross receipts in excess of
22348	22348	10 $50,000,000 but not exceeding $75,000,000;
22349	22349	11 32.5% of annual adjusted gross receipts in excess of
22350	22350	12 $75,000,000 but not exceeding $100,000,000;
22351	22351	13 37.5% of annual adjusted gross receipts in excess of
22352	22352	14 $100,000,000 but not exceeding $150,000,000;
22353	22353	15 45% of annual adjusted gross receipts in excess of
22354	22354	16 $150,000,000 but not exceeding $200,000,000;
22355	22355	17 50% of annual adjusted gross receipts in excess of
22356	22356	18 $200,000,000.
22357	22357	19 The privilege tax for table games shall be at the
22358	22358	20 following rates:
22359	22359	21 15% of annual adjusted gross receipts up to and
22360	22360	22 including $25,000,000;
22361	22361	23 20% of annual adjusted gross receipts in excess of
22362	22362	24 $25,000,000.
22363	22363	25 For the imposition of the privilege tax in this subsection
22364	22364	26 (a-5), amounts paid pursuant to item (1) of subsection (b) of
22365	22365
22366	22366
22367	22367
22368	22368
22369	22369
22370	22370	SB0280 - 626 - LRB103 24970 AMQ 51304 b
22371	22371
22372	22372
22373	22373	SB0280- 627 -LRB103 24970 AMQ 51304 b SB0280 - 627 - LRB103 24970 AMQ 51304 b
22374	22374	SB0280 - 627 - LRB103 24970 AMQ 51304 b
22375	22375	1 Section 56 of the Illinois Horse Racing Act of 1975 shall not
22376	22376	2 be included in the determination of adjusted gross receipts.
22377	22377	3 (2) Beginning on the first day that an owners licensee
22378	22378	4 under paragraph (1) of subsection (e-5) of Section 7 conducts
22379	22379	5 gambling operations, either in a temporary facility or a
22380	22380	6 permanent facility, a privilege tax is imposed on persons
22381	22381	7 engaged in the business of conducting gambling operations
22382	22382	8 under paragraph (1) of subsection (e-5) of Section 7, other
22383	22383	9 than licensed managers conducting riverboat gambling
22384	22384	10 operations on behalf of the State, based on the adjusted gross
22385	22385	11 receipts received by such licensee from the gambling games
22386	22386	12 authorized under this Act. The privilege tax for all gambling
22387	22387	13 games other than table games, including, but not limited to,
22388	22388	14 slot machines, video game of chance gambling, and electronic
22389	22389	15 gambling games shall be at the following rates:
22390	22390	16 12% of annual adjusted gross receipts up to and
22391	22391	17 including $25,000,000 to the State and 10.5% of annual
22392	22392	18 adjusted gross receipts up to and including $25,000,000 to
22393	22393	19 the City of Chicago;
22394	22394	20 16% of annual adjusted gross receipts in excess of
22395	22395	21 $25,000,000 but not exceeding $50,000,000 to the State and
22396	22396	22 14% of annual adjusted gross receipts in excess of
22397	22397	23 $25,000,000 but not exceeding $50,000,000 to the City of
22398	22398	24 Chicago;
22399	22399	25 20.1% of annual adjusted gross receipts in excess of
22400	22400	26 $50,000,000 but not exceeding $75,000,000 to the State and
22401	22401
22402	22402
22403	22403
22404	22404
22405	22405
22406	22406	SB0280 - 627 - LRB103 24970 AMQ 51304 b
22407	22407
22408	22408
22409	22409	SB0280- 628 -LRB103 24970 AMQ 51304 b SB0280 - 628 - LRB103 24970 AMQ 51304 b
22410	22410	SB0280 - 628 - LRB103 24970 AMQ 51304 b
22411	22411	1 17.4% of annual adjusted gross receipts in excess of
22412	22412	2 $50,000,000 but not exceeding $75,000,000 to the City of
22413	22413	3 Chicago;
22414	22414	4 21.4% of annual adjusted gross receipts in excess of
22415	22415	5 $75,000,000 but not exceeding $100,000,000 to the State
22416	22416	6 and 18.6% of annual adjusted gross receipts in excess of
22417	22417	7 $75,000,000 but not exceeding $100,000,000 to the City of
22418	22418	8 Chicago;
22419	22419	9 22.7% of annual adjusted gross receipts in excess of
22420	22420	10 $100,000,000 but not exceeding $150,000,000 to the State
22421	22421	11 and 19.8% of annual adjusted gross receipts in excess of
22422	22422	12 $100,000,000 but not exceeding $150,000,000 to the City of
22423	22423	13 Chicago;
22424	22424	14 24.1% of annual adjusted gross receipts in excess of
22425	22425	15 $150,000,000 but not exceeding $225,000,000 to the State
22426	22426	16 and 20.9% of annual adjusted gross receipts in excess of
22427	22427	17 $150,000,000 but not exceeding $225,000,000 to the City of
22428	22428	18 Chicago;
22429	22429	19 26.8% of annual adjusted gross receipts in excess of
22430	22430	20 $225,000,000 but not exceeding $1,000,000,000 to the State
22431	22431	21 and 23.2% of annual adjusted gross receipts in excess of
22432	22432	22 $225,000,000 but not exceeding $1,000,000,000 to the City
22433	22433	23 of Chicago;
22434	22434	24 40% of annual adjusted gross receipts in excess of
22435	22435	25 $1,000,000,000 to the State and 34.7% of annual gross
22436	22436	26 receipts in excess of $1,000,000,000 to the City of
22437	22437
22438	22438
22439	22439
22440	22440
22441	22441
22442	22442	SB0280 - 628 - LRB103 24970 AMQ 51304 b
22443	22443
22444	22444
22445	22445	SB0280- 629 -LRB103 24970 AMQ 51304 b SB0280 - 629 - LRB103 24970 AMQ 51304 b
22446	22446	SB0280 - 629 - LRB103 24970 AMQ 51304 b
22447	22447	1 Chicago.
22448	22448	2 The privilege tax for table games shall be at the
22449	22449	3 following rates:
22450	22450	4 8.1% of annual adjusted gross receipts up to and
22451	22451	5 including $25,000,000 to the State and 6.9% of annual
22452	22452	6 adjusted gross receipts up to and including $25,000,000 to
22453	22453	7 the City of Chicago;
22454	22454	8 10.7% of annual adjusted gross receipts in excess of
22455	22455	9 $25,000,000 but not exceeding $75,000,000 to the State and
22456	22456	10 9.3% of annual adjusted gross receipts in excess of
22457	22457	11 $25,000,000 but not exceeding $75,000,000 to the City of
22458	22458	12 Chicago;
22459	22459	13 11.2% of annual adjusted gross receipts in excess of
22460	22460	14 $75,000,000 but not exceeding $175,000,000 to the State
22461	22461	15 and 9.8% of annual adjusted gross receipts in excess of
22462	22462	16 $75,000,000 but not exceeding $175,000,000 to the City of
22463	22463	17 Chicago;
22464	22464	18 13.5% of annual adjusted gross receipts in excess of
22465	22465	19 $175,000,000 but not exceeding $225,000,000 to the State
22466	22466	20 and 11.5% of annual adjusted gross receipts in excess of
22467	22467	21 $175,000,000 but not exceeding $225,000,000 to the City of
22468	22468	22 Chicago;
22469	22469	23 15.1% of annual adjusted gross receipts in excess of
22470	22470	24 $225,000,000 but not exceeding $275,000,000 to the State
22471	22471	25 and 12.9% of annual adjusted gross receipts in excess of
22472	22472	26 $225,000,000 but not exceeding $275,000,000 to the City of
22473	22473
22474	22474
22475	22475
22476	22476
22477	22477
22478	22478	SB0280 - 629 - LRB103 24970 AMQ 51304 b
22479	22479
22480	22480
22481	22481	SB0280- 630 -LRB103 24970 AMQ 51304 b SB0280 - 630 - LRB103 24970 AMQ 51304 b
22482	22482	SB0280 - 630 - LRB103 24970 AMQ 51304 b
22483	22483	1 Chicago;
22484	22484	2 16.2% of annual adjusted gross receipts in excess of
22485	22485	3 $275,000,000 but not exceeding $375,000,000 to the State
22486	22486	4 and 13.8% of annual adjusted gross receipts in excess of
22487	22487	5 $275,000,000 but not exceeding $375,000,000 to the City of
22488	22488	6 Chicago;
22489	22489	7 18.9% of annual adjusted gross receipts in excess of
22490	22490	8 $375,000,000 to the State and 16.1% of annual gross
22491	22491	9 receipts in excess of $375,000,000 to the City of Chicago.
22492	22492	10 For the imposition of the privilege tax in this subsection
22493	22493	11 (a-5), amounts paid pursuant to item (1) of subsection (b) of
22494	22494	12 Section 56 of the Illinois Horse Racing Act of 1975 shall not
22495	22495	13 be included in the determination of adjusted gross receipts.
22496	22496	14 Notwithstanding the provisions of this subsection (a-5),
22497	22497	15 for the first 10 years that the privilege tax is imposed under
22498	22498	16 this subsection (a-5), the privilege tax shall be imposed on
22499	22499	17 the modified annual adjusted gross receipts of a riverboat or
22500	22500	18 casino conducting gambling operations in the City of East St.
22501	22501	19 Louis, unless:
22502	22502	20 (1) the riverboat or casino fails to employ at least
22503	22503	21 450 people, except no minimum employment shall be required
22504	22504	22 during 2020 and 2021 or during periods that the riverboat
22505	22505	23 or casino is closed on orders of State officials for
22506	22506	24 public health emergencies or other emergencies not caused
22507	22507	25 by the riverboat or casino;
22508	22508	26 (2) the riverboat or casino fails to maintain
22509	22509
22510	22510
22511	22511
22512	22512
22513	22513
22514	22514	SB0280 - 630 - LRB103 24970 AMQ 51304 b
22515	22515
22516	22516
22517	22517	SB0280- 631 -LRB103 24970 AMQ 51304 b SB0280 - 631 - LRB103 24970 AMQ 51304 b
22518	22518	SB0280 - 631 - LRB103 24970 AMQ 51304 b
22519	22519	1 operations in a manner consistent with this Act or is not a
22520	22520	2 viable riverboat or casino subject to the approval of the
22521	22521	3 Division Board; or
22522	22522	4 (3) the owners licensee is not an entity in which
22523	22523	5 employees participate in an employee stock ownership plan
22524	22524	6 or in which the owners licensee sponsors a 401(k)
22525	22525	7 retirement plan and makes a matching employer contribution
22526	22526	8 equal to at least one-quarter of the first 12% or one-half
22527	22527	9 of the first 6% of each participating employee's
22528	22528	10 contribution, not to exceed any limitations under federal
22529	22529	11 laws and regulations.
22530	22530	12 As used in this subsection (a-5), "modified annual
22531	22531	13 adjusted gross receipts" means:
22532	22532	14 (A) for calendar year 2020, the annual adjusted gross
22533	22533	15 receipts for the current year minus the difference between
22534	22534	16 an amount equal to the average annual adjusted gross
22535	22535	17 receipts from a riverboat or casino conducting gambling
22536	22536	18 operations in the City of East St. Louis for 2014, 2015,
22537	22537	19 2016, 2017, and 2018 and the annual adjusted gross
22538	22538	20 receipts for 2018;
22539	22539	21 (B) for calendar year 2021, the annual adjusted gross
22540	22540	22 receipts for the current year minus the difference between
22541	22541	23 an amount equal to the average annual adjusted gross
22542	22542	24 receipts from a riverboat or casino conducting gambling
22543	22543	25 operations in the City of East St. Louis for 2014, 2015,
22544	22544	26 2016, 2017, and 2018 and the annual adjusted gross
22545	22545
22546	22546
22547	22547
22548	22548
22549	22549
22550	22550	SB0280 - 631 - LRB103 24970 AMQ 51304 b
22551	22551
22552	22552
22553	22553	SB0280- 632 -LRB103 24970 AMQ 51304 b SB0280 - 632 - LRB103 24970 AMQ 51304 b
22554	22554	SB0280 - 632 - LRB103 24970 AMQ 51304 b
22555	22555	1 receipts for 2019; and
22556	22556	2 (C) for calendar years 2022 through 2029, the annual
22557	22557	3 adjusted gross receipts for the current year minus the
22558	22558	4 difference between an amount equal to the average annual
22559	22559	5 adjusted gross receipts from a riverboat or casino
22560	22560	6 conducting gambling operations in the City of East St.
22561	22561	7 Louis for 3 years preceding the current year and the
22562	22562	8 annual adjusted gross receipts for the immediately
22563	22563	9 preceding year.
22564	22564	10 (a-6) From June 28, 2019 (the effective date of Public Act
22565	22565	11 101-31) until June 30, 2023, an owners licensee that conducted
22566	22566	12 gambling operations prior to January 1, 2011 shall receive a
22567	22567	13 dollar-for-dollar credit against the tax imposed under this
22568	22568	14 Section for any renovation or construction costs paid by the
22569	22569	15 owners licensee, but in no event shall the credit exceed
22570	22570	16 $2,000,000.
22571	22571	17 Additionally, from June 28, 2019 (the effective date of
22572	22572	18 Public Act 101-31) until December 31, 2024, an owners licensee
22573	22573	19 that (i) is located within 15 miles of the Missouri border, and
22574	22574	20 (ii) has at least 3 riverboats, casinos, or their equivalent
22575	22575	21 within a 45-mile radius, may be authorized to relocate to a new
22576	22576	22 location with the approval of both the unit of local
22577	22577	23 government designated as the home dock and the Division Board,
22578	22578	24 so long as the new location is within the same unit of local
22579	22579	25 government and no more than 3 miles away from its original
22580	22580	26 location. Such owners licensee shall receive a credit against
22581	22581
22582	22582
22583	22583
22584	22584
22585	22585
22586	22586	SB0280 - 632 - LRB103 24970 AMQ 51304 b
22587	22587
22588	22588
22589	22589	SB0280- 633 -LRB103 24970 AMQ 51304 b SB0280 - 633 - LRB103 24970 AMQ 51304 b
22590	22590	SB0280 - 633 - LRB103 24970 AMQ 51304 b
22591	22591	1 the tax imposed under this Section equal to 8% of the total
22592	22592	2 project costs, as approved by the Division Board, for any
22593	22593	3 renovation or construction costs paid by the owners licensee
22594	22594	4 for the construction of the new facility, provided that the
22595	22595	5 new facility is operational by July 1, 2024. In determining
22596	22596	6 whether or not to approve a relocation, the Division Board
22597	22597	7 must consider the extent to which the relocation will diminish
22598	22598	8 the gaming revenues received by other Illinois gaming
22599	22599	9 facilities.
22600	22600	10 (a-7) Beginning in the initial adjustment year and through
22601	22601	11 the final adjustment year, if the total obligation imposed
22602	22602	12 pursuant to either subsection (a-5) or (a-6) will result in an
22603	22603	13 owners licensee receiving less after-tax adjusted gross
22604	22604	14 receipts than it received in calendar year 2018, then the
22605	22605	15 total amount of privilege taxes that the owners licensee is
22606	22606	16 required to pay for that calendar year shall be reduced to the
22607	22607	17 extent necessary so that the after-tax adjusted gross receipts
22608	22608	18 in that calendar year equals the after-tax adjusted gross
22609	22609	19 receipts in calendar year 2018, but the privilege tax
22610	22610	20 reduction shall not exceed the annual adjustment cap. If
22611	22611	21 pursuant to this subsection (a-7), the total obligation
22612	22612	22 imposed pursuant to either subsection (a-5) or (a-6) shall be
22613	22613	23 reduced, then the owners licensee shall not receive a refund
22614	22614	24 from the State at the end of the subject calendar year but
22615	22615	25 instead shall be able to apply that amount as a credit against
22616	22616	26 any payments it owes to the State in the following calendar
22617	22617
22618	22618
22619	22619
22620	22620
22621	22621
22622	22622	SB0280 - 633 - LRB103 24970 AMQ 51304 b
22623	22623
22624	22624
22625	22625	SB0280- 634 -LRB103 24970 AMQ 51304 b SB0280 - 634 - LRB103 24970 AMQ 51304 b
22626	22626	SB0280 - 634 - LRB103 24970 AMQ 51304 b
22627	22627	1 year to satisfy its total obligation under either subsection
22628	22628	2 (a-5) or (a-6). The credit for the final adjustment year shall
22629	22629	3 occur in the calendar year following the final adjustment
22630	22630	4 year.
22631	22631	5 If an owners licensee that conducted gambling operations
22632	22632	6 prior to January 1, 2019 expands its riverboat or casino,
22633	22633	7 including, but not limited to, with respect to its gaming
22634	22634	8 floor, additional non-gaming amenities such as restaurants,
22635	22635	9 bars, and hotels and other additional facilities, and incurs
22636	22636	10 construction and other costs related to such expansion from
22637	22637	11 June 28, 2019 (the effective date of Public Act 101-31) until
22638	22638	12 June 28, 2024 (the 5th anniversary of the effective date of
22639	22639	13 Public Act 101-31), then for each $15,000,000 spent for any
22640	22640	14 such construction or other costs related to expansion paid by
22641	22641	15 the owners licensee, the final adjustment year shall be
22642	22642	16 extended by one year and the annual adjustment cap shall
22643	22643	17 increase by 0.2% of adjusted gross receipts during each
22644	22644	18 calendar year until and including the final adjustment year.
22645	22645	19 No further modifications to the final adjustment year or
22646	22646	20 annual adjustment cap shall be made after $75,000,000 is
22647	22647	21 incurred in construction or other costs related to expansion
22648	22648	22 so that the final adjustment year shall not extend beyond the
22649	22649	23 9th calendar year after the initial adjustment year, not
22650	22650	24 including the initial adjustment year, and the annual
22651	22651	25 adjustment cap shall not exceed 4% of adjusted gross receipts
22652	22652	26 in a particular calendar year. Construction and other costs
22653	22653
22654	22654
22655	22655
22656	22656
22657	22657
22658	22658	SB0280 - 634 - LRB103 24970 AMQ 51304 b
22659	22659
22660	22660
22661	22661	SB0280- 635 -LRB103 24970 AMQ 51304 b SB0280 - 635 - LRB103 24970 AMQ 51304 b
22662	22662	SB0280 - 635 - LRB103 24970 AMQ 51304 b
22663	22663	1 related to expansion shall include all project related costs,
22664	22664	2 including, but not limited to, all hard and soft costs,
22665	22665	3 financing costs, on or off-site ground, road or utility work,
22666	22666	4 cost of gaming equipment and all other personal property,
22667	22667	5 initial fees assessed for each incremental gaming position,
22668	22668	6 and the cost of incremental land acquired for such expansion.
22669	22669	7 Soft costs shall include, but not be limited to, legal fees,
22670	22670	8 architect, engineering and design costs, other consultant
22671	22671	9 costs, insurance cost, permitting costs, and pre-opening costs
22672	22672	10 related to the expansion, including, but not limited to, any
22673	22673	11 of the following: marketing, real estate taxes, personnel,
22674	22674	12 training, travel and out-of-pocket expenses, supply,
22675	22675	13 inventory, and other costs, and any other project related soft
22676	22676	14 costs.
22677	22677	15 To be eligible for the tax credits in subsection (a-6),
22678	22678	16 all construction contracts shall include a requirement that
22679	22679	17 the contractor enter into a project labor agreement with the
22680	22680	18 building and construction trades council with geographic
22681	22681	19 jurisdiction of the location of the proposed gaming facility.
22682	22682	20 Notwithstanding any other provision of this subsection
22683	22683	21 (a-7), this subsection (a-7) does not apply to an owners
22684	22684	22 licensee unless such owners licensee spends at least
22685	22685	23 $15,000,000 on construction and other costs related to its
22686	22686	24 expansion, excluding the initial fees assessed for each
22687	22687	25 incremental gaming position.
22688	22688	26 This subsection (a-7) does not apply to owners licensees
22689	22689
22690	22690
22691	22691
22692	22692
22693	22693
22694	22694	SB0280 - 635 - LRB103 24970 AMQ 51304 b
22695	22695
22696	22696
22697	22697	SB0280- 636 -LRB103 24970 AMQ 51304 b SB0280 - 636 - LRB103 24970 AMQ 51304 b
22698	22698	SB0280 - 636 - LRB103 24970 AMQ 51304 b
22699	22699	1 authorized pursuant to subsection (e-5) of Section 7 of this
22700	22700	2 Act.
22701	22701	3 For purposes of this subsection (a-7):
22702	22702	4 "Building and construction trades council" means any
22703	22703	5 organization representing multiple construction entities that
22704	22704	6 are monitoring or attentive to compliance with public or
22705	22705	7 workers' safety laws, wage and hour requirements, or other
22706	22706	8 statutory requirements or that are making or maintaining
22707	22707	9 collective bargaining agreements.
22708	22708	10 "Initial adjustment year" means the year commencing on
22709	22709	11 January 1 of the calendar year immediately following the
22710	22710	12 earlier of the following:
22711	22711	13 (1) the commencement of gambling operations, either in
22712	22712	14 a temporary or permanent facility, with respect to the
22713	22713	15 owners license authorized under paragraph (1) of
22714	22714	16 subsection (e-5) of Section 7 of this Act; or
22715	22715	17 (2) June 28, 2021 (24 months after the effective date
22716	22716	18 of Public Act 101-31);
22717	22717	19 provided the initial adjustment year shall not commence
22718	22718	20 earlier than June 28, 2020 (12 months after the effective date
22719	22719	21 of Public Act 101-31).
22720	22720	22 "Final adjustment year" means the 2nd calendar year after
22721	22721	23 the initial adjustment year, not including the initial
22722	22722	24 adjustment year, and as may be extended further as described
22723	22723	25 in this subsection (a-7).
22724	22724	26 "Annual adjustment cap" means 3% of adjusted gross
22725	22725
22726	22726
22727	22727
22728	22728
22729	22729
22730	22730	SB0280 - 636 - LRB103 24970 AMQ 51304 b
22731	22731
22732	22732
22733	22733	SB0280- 637 -LRB103 24970 AMQ 51304 b SB0280 - 637 - LRB103 24970 AMQ 51304 b
22734	22734	SB0280 - 637 - LRB103 24970 AMQ 51304 b
22735	22735	1 receipts in a particular calendar year, and as may be
22736	22736	2 increased further as otherwise described in this subsection
22737	22737	3 (a-7).
22738	22738	4 (a-8) Riverboat gambling operations conducted by a
22739	22739	5 licensed manager on behalf of the State are not subject to the
22740	22740	6 tax imposed under this Section.
22741	22741	7 (a-9) Beginning on January 1, 2020, the calculation of
22742	22742	8 gross receipts or adjusted gross receipts, for the purposes of
22743	22743	9 this Section, for a riverboat, a casino, or an organization
22744	22744	10 gaming facility shall not include the dollar amount of
22745	22745	11 non-cashable vouchers, coupons, and electronic promotions
22746	22746	12 redeemed by wagerers upon the riverboat, in the casino, or in
22747	22747	13 the organization gaming facility up to and including an amount
22748	22748	14 not to exceed 20% of a riverboat's, a casino's, or an
22749	22749	15 organization gaming facility's adjusted gross receipts.
22750	22750	16 The Division Illinois Gaming Board shall submit to the
22751	22751	17 General Assembly a comprehensive report no later than March
22752	22752	18 31, 2023 detailing, at a minimum, the effect of removing
22753	22753	19 non-cashable vouchers, coupons, and electronic promotions from
22754	22754	20 this calculation on net gaming revenues to the State in
22755	22755	21 calendar years 2020 through 2022, the increase or reduction in
22756	22756	22 wagerers as a result of removing non-cashable vouchers,
22757	22757	23 coupons, and electronic promotions from this calculation, the
22758	22758	24 effect of the tax rates in subsection (a-5) on net gaming
22759	22759	25 revenues to this State, and proposed modifications to the
22760	22760	26 calculation.
22761	22761
22762	22762
22763	22763
22764	22764
22765	22765
22766	22766	SB0280 - 637 - LRB103 24970 AMQ 51304 b
22767	22767
22768	22768
22769	22769	SB0280- 638 -LRB103 24970 AMQ 51304 b SB0280 - 638 - LRB103 24970 AMQ 51304 b
22770	22770	SB0280 - 638 - LRB103 24970 AMQ 51304 b
22771	22771	1 (a-10) The taxes imposed by this Section shall be paid by
22772	22772	2 the licensed owner or the organization gaming licensee to the
22773	22773	3 Division Board not later than 5:00 o'clock p.m. of the day
22774	22774	4 after the day when the wagers were made.
22775	22775	5 (a-15) If the privilege tax imposed under subsection (a-3)
22776	22776	6 is no longer imposed pursuant to item (i) of the last paragraph
22777	22777	7 of subsection (a-3), then by June 15 of each year, each owners
22778	22778	8 licensee, other than an owners licensee that admitted
22779	22779	9 1,000,000 persons or fewer in calendar year 2004, must, in
22780	22780	10 addition to the payment of all amounts otherwise due under
22781	22781	11 this Section, pay to the Division Board a reconciliation
22782	22782	12 payment in the amount, if any, by which the licensed owner's
22783	22783	13 base amount exceeds the amount of net privilege tax paid by the
22784	22784	14 licensed owner to the Division Board in the then current State
22785	22785	15 fiscal year. A licensed owner's net privilege tax obligation
22786	22786	16 due for the balance of the State fiscal year shall be reduced
22787	22787	17 up to the total of the amount paid by the licensed owner in its
22788	22788	18 June 15 reconciliation payment. The obligation imposed by this
22789	22789	19 subsection (a-15) is binding on any person, firm, corporation,
22790	22790	20 or other entity that acquires an ownership interest in any
22791	22791	21 such owners license. The obligation imposed under this
22792	22792	22 subsection (a-15) terminates on the earliest of: (i) July 1,
22793	22793	23 2007, (ii) the first day after August 23, 2005 (the effective
22794	22794	24 date of Public Act 94-673) that riverboat gambling operations
22795	22795	25 are conducted pursuant to a dormant license, (iii) the first
22796	22796	26 day that riverboat gambling operations are conducted under the
22797	22797
22798	22798
22799	22799
22800	22800
22801	22801
22802	22802	SB0280 - 638 - LRB103 24970 AMQ 51304 b
22803	22803
22804	22804
22805	22805	SB0280- 639 -LRB103 24970 AMQ 51304 b SB0280 - 639 - LRB103 24970 AMQ 51304 b
22806	22806	SB0280 - 639 - LRB103 24970 AMQ 51304 b
22807	22807	1 authority of an owners license that is in addition to the 10
22808	22808	2 owners licenses initially authorized under this Act, or (iv)
22809	22809	3 the first day that a licensee under the Illinois Horse Racing
22810	22810	4 Act of 1975 conducts gaming operations with slot machines or
22811	22811	5 other electronic gaming devices. The Division Board must
22812	22812	6 reduce the obligation imposed under this subsection (a-15) by
22813	22813	7 an amount the Division Board deems reasonable for any of the
22814	22814	8 following reasons: (A) an act or acts of God, (B) an act of
22815	22815	9 bioterrorism or terrorism or a bioterrorism or terrorism
22816	22816	10 threat that was investigated by a law enforcement agency, or
22817	22817	11 (C) a condition beyond the control of the owners licensee that
22818	22818	12 does not result from any act or omission by the owners licensee
22819	22819	13 or any of its agents and that poses a hazardous threat to the
22820	22820	14 health and safety of patrons. If an owners licensee pays an
22821	22821	15 amount in excess of its liability under this Section, the
22822	22822	16 Division Board shall apply the overpayment to future payments
22823	22823	17 required under this Section.
22824	22824	18 For purposes of this subsection (a-15):
22825	22825	19 "Act of God" means an incident caused by the operation of
22826	22826	20 an extraordinary force that cannot be foreseen, that cannot be
22827	22827	21 avoided by the exercise of due care, and for which no person
22828	22828	22 can be held liable.
22829	22829	23 "Base amount" means the following:
22830	22830	24 For a riverboat in Alton, $31,000,000.
22831	22831	25 For a riverboat in East Peoria, $43,000,000.
22832	22832	26 For the Empress riverboat in Joliet, $86,000,000.
22833	22833
22834	22834
22835	22835
22836	22836
22837	22837
22838	22838	SB0280 - 639 - LRB103 24970 AMQ 51304 b
22839	22839
22840	22840
22841	22841	SB0280- 640 -LRB103 24970 AMQ 51304 b SB0280 - 640 - LRB103 24970 AMQ 51304 b
22842	22842	SB0280 - 640 - LRB103 24970 AMQ 51304 b
22843	22843	1 For a riverboat in Metropolis, $45,000,000.
22844	22844	2 For the Harrah's riverboat in Joliet, $114,000,000.
22845	22845	3 For a riverboat in Aurora, $86,000,000.
22846	22846	4 For a riverboat in East St. Louis, $48,500,000.
22847	22847	5 For a riverboat in Elgin, $198,000,000.
22848	22848	6 "Dormant license" has the meaning ascribed to it in
22849	22849	7 subsection (a-3).
22850	22850	8 "Net privilege tax" means all privilege taxes paid by a
22851	22851	9 licensed owner to the Division Board under this Section, less
22852	22852	10 all payments made from the State Gaming Fund pursuant to
22853	22853	11 subsection (b) of this Section.
22854	22854	12 The changes made to this subsection (a-15) by Public Act
22855	22855	13 94-839 are intended to restate and clarify the intent of
22856	22856	14 Public Act 94-673 with respect to the amount of the payments
22857	22857	15 required to be made under this subsection by an owners
22858	22858	16 licensee to the Division Board.
22859	22859	17 (b) From the tax revenue from riverboat or casino gambling
22860	22860	18 deposited in the State Gaming Fund under this Section, an
22861	22861	19 amount equal to 5% of adjusted gross receipts generated by a
22862	22862	20 riverboat or a casino, other than a riverboat or casino
22863	22863	21 designated in paragraph (1), (3), or (4) of subsection (e-5)
22864	22864	22 of Section 7, shall be paid monthly, subject to appropriation
22865	22865	23 by the General Assembly, to the unit of local government in
22866	22866	24 which the casino is located or that is designated as the home
22867	22867	25 dock of the riverboat. Notwithstanding anything to the
22868	22868	26 contrary, beginning on the first day that an owners licensee
22869	22869
22870	22870
22871	22871
22872	22872
22873	22873
22874	22874	SB0280 - 640 - LRB103 24970 AMQ 51304 b
22875	22875
22876	22876
22877	22877	SB0280- 641 -LRB103 24970 AMQ 51304 b SB0280 - 641 - LRB103 24970 AMQ 51304 b
22878	22878	SB0280 - 641 - LRB103 24970 AMQ 51304 b
22879	22879	1 under paragraph (1), (2), (3), (4), (5), or (6) of subsection
22880	22880	2 (e-5) of Section 7 conducts gambling operations, either in a
22881	22881	3 temporary facility or a permanent facility, and for 2 years
22882	22882	4 thereafter, a unit of local government designated as the home
22883	22883	5 dock of a riverboat whose license was issued before January 1,
22884	22884	6 2019, other than a riverboat conducting gambling operations in
22885	22885	7 the City of East St. Louis, shall not receive less under this
22886	22886	8 subsection (b) than the amount the unit of local government
22887	22887	9 received under this subsection (b) in calendar year 2018.
22888	22888	10 Notwithstanding anything to the contrary and because the City
22889	22889	11 of East St. Louis is a financially distressed city, beginning
22890	22890	12 on the first day that an owners licensee under paragraph (1),
22891	22891	13 (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
22892	22892	14 conducts gambling operations, either in a temporary facility
22893	22893	15 or a permanent facility, and for 10 years thereafter, a unit of
22894	22894	16 local government designated as the home dock of a riverboat
22895	22895	17 conducting gambling operations in the City of East St. Louis
22896	22896	18 shall not receive less under this subsection (b) than the
22897	22897	19 amount the unit of local government received under this
22898	22898	20 subsection (b) in calendar year 2018.
22899	22899	21 From the tax revenue deposited in the State Gaming Fund
22900	22900	22 pursuant to riverboat or casino gambling operations conducted
22901	22901	23 by a licensed manager on behalf of the State, an amount equal
22902	22902	24 to 5% of adjusted gross receipts generated pursuant to those
22903	22903	25 riverboat or casino gambling operations shall be paid monthly,
22904	22904	26 subject to appropriation by the General Assembly, to the unit
22905	22905
22906	22906
22907	22907
22908	22908
22909	22909
22910	22910	SB0280 - 641 - LRB103 24970 AMQ 51304 b
22911	22911
22912	22912
22913	22913	SB0280- 642 -LRB103 24970 AMQ 51304 b SB0280 - 642 - LRB103 24970 AMQ 51304 b
22914	22914	SB0280 - 642 - LRB103 24970 AMQ 51304 b
22915	22915	1 of local government that is designated as the home dock of the
22916	22916	2 riverboat upon which those riverboat gambling operations are
22917	22917	3 conducted or in which the casino is located.
22918	22918	4 From the tax revenue from riverboat or casino gambling
22919	22919	5 deposited in the State Gaming Fund under this Section, an
22920	22920	6 amount equal to 5% of the adjusted gross receipts generated by
22921	22921	7 a riverboat designated in paragraph (3) of subsection (e-5) of
22922	22922	8 Section 7 shall be divided and remitted monthly, subject to
22923	22923	9 appropriation, as follows: 70% to Waukegan, 10% to Park City,
22924	22924	10 15% to North Chicago, and 5% to Lake County.
22925	22925	11 From the tax revenue from riverboat or casino gambling
22926	22926	12 deposited in the State Gaming Fund under this Section, an
22927	22927	13 amount equal to 5% of the adjusted gross receipts generated by
22928	22928	14 a riverboat designated in paragraph (4) of subsection (e-5) of
22929	22929	15 Section 7 shall be remitted monthly, subject to appropriation,
22930	22930	16 as follows: 70% to the City of Rockford, 5% to the City of
22931	22931	17 Loves Park, 5% to the Village of Machesney, and 20% to
22932	22932	18 Winnebago County.
22933	22933	19 From the tax revenue from riverboat or casino gambling
22934	22934	20 deposited in the State Gaming Fund under this Section, an
22935	22935	21 amount equal to 5% of the adjusted gross receipts generated by
22936	22936	22 a riverboat designated in paragraph (5) of subsection (e-5) of
22937	22937	23 Section 7 shall be remitted monthly, subject to appropriation,
22938	22938	24 as follows: 2% to the unit of local government in which the
22939	22939	25 riverboat or casino is located, and 3% shall be distributed:
22940	22940	26 (A) in accordance with a regional capital development plan
22941	22941
22942	22942
22943	22943
22944	22944
22945	22945
22946	22946	SB0280 - 642 - LRB103 24970 AMQ 51304 b
22947	22947
22948	22948
22949	22949	SB0280- 643 -LRB103 24970 AMQ 51304 b SB0280 - 643 - LRB103 24970 AMQ 51304 b
22950	22950	SB0280 - 643 - LRB103 24970 AMQ 51304 b
22951	22951	1 entered into by the following communities: Village of Beecher,
22952	22952	2 City of Blue Island, Village of Burnham, City of Calumet City,
22953	22953	3 Village of Calumet Park, City of Chicago Heights, City of
22954	22954	4 Country Club Hills, Village of Crestwood, Village of Crete,
22955	22955	5 Village of Dixmoor, Village of Dolton, Village of East Hazel
22956	22956	6 Crest, Village of Flossmoor, Village of Ford Heights, Village
22957	22957	7 of Glenwood, City of Harvey, Village of Hazel Crest, Village
22958	22958	8 of Homewood, Village of Lansing, Village of Lynwood, City of
22959	22959	9 Markham, Village of Matteson, Village of Midlothian, Village
22960	22960	10 of Monee, City of Oak Forest, Village of Olympia Fields,
22961	22961	11 Village of Orland Hills, Village of Orland Park, City of Palos
22962	22962	12 Heights, Village of Park Forest, Village of Phoenix, Village
22963	22963	13 of Posen, Village of Richton Park, Village of Riverdale,
22964	22964	14 Village of Robbins, Village of Sauk Village, Village of South
22965	22965	15 Chicago Heights, Village of South Holland, Village of Steger,
22966	22966	16 Village of Thornton, Village of Tinley Park, Village of
22967	22967	17 University Park, and Village of Worth; or (B) if no regional
22968	22968	18 capital development plan exists, equally among the communities
22969	22969	19 listed in item (A) to be used for capital expenditures or
22970	22970	20 public pension payments, or both.
22971	22971	21 Units of local government may refund any portion of the
22972	22972	22 payment that they receive pursuant to this subsection (b) to
22973	22973	23 the riverboat or casino.
22974	22974	24 (b-4) Beginning on the first day the licensee under
22975	22975	25 paragraph (5) of subsection (e-5) of Section 7 conducts
22976	22976	26 gambling operations, either in a temporary facility or a
22977	22977
22978	22978
22979	22979
22980	22980
22981	22981
22982	22982	SB0280 - 643 - LRB103 24970 AMQ 51304 b
22983	22983
22984	22984
22985	22985	SB0280- 644 -LRB103 24970 AMQ 51304 b SB0280 - 644 - LRB103 24970 AMQ 51304 b
22986	22986	SB0280 - 644 - LRB103 24970 AMQ 51304 b
22987	22987	1 permanent facility, and ending on July 31, 2042, from the tax
22988	22988	2 revenue deposited in the State Gaming Fund under this Section,
22989	22989	3 $5,000,000 shall be paid annually, subject to appropriation,
22990	22990	4 to the host municipality of that owners licensee of a license
22991	22991	5 issued or re-issued pursuant to Section 7.1 of this Act before
22992	22992	6 January 1, 2012. Payments received by the host municipality
22993	22993	7 pursuant to this subsection (b-4) may not be shared with any
22994	22994	8 other unit of local government.
22995	22995	9 (b-5) Beginning on June 28, 2019 (the effective date of
22996	22996	10 Public Act 101-31), from the tax revenue deposited in the
22997	22997	11 State Gaming Fund under this Section, an amount equal to 3% of
22998	22998	12 adjusted gross receipts generated by each organization gaming
22999	22999	13 facility located outside Madison County shall be paid monthly,
23000	23000	14 subject to appropriation by the General Assembly, to a
23001	23001	15 municipality other than the Village of Stickney in which each
23002	23002	16 organization gaming facility is located or, if the
23003	23003	17 organization gaming facility is not located within a
23004	23004	18 municipality, to the county in which the organization gaming
23005	23005	19 facility is located, except as otherwise provided in this
23006	23006	20 Section. From the tax revenue deposited in the State Gaming
23007	23007	21 Fund under this Section, an amount equal to 3% of adjusted
23008	23008	22 gross receipts generated by an organization gaming facility
23009	23009	23 located in the Village of Stickney shall be paid monthly,
23010	23010	24 subject to appropriation by the General Assembly, as follows:
23011	23011	25 25% to the Village of Stickney, 5% to the City of Berwyn, 50%
23012	23012	26 to the Town of Cicero, and 20% to the Stickney Public Health
23013	23013
23014	23014
23015	23015
23016	23016
23017	23017
23018	23018	SB0280 - 644 - LRB103 24970 AMQ 51304 b
23019	23019
23020	23020
23021	23021	SB0280- 645 -LRB103 24970 AMQ 51304 b SB0280 - 645 - LRB103 24970 AMQ 51304 b
23022	23022	SB0280 - 645 - LRB103 24970 AMQ 51304 b
23023	23023	1 District.
23024	23024	2 From the tax revenue deposited in the State Gaming Fund
23025	23025	3 under this Section, an amount equal to 5% of adjusted gross
23026	23026	4 receipts generated by an organization gaming facility located
23027	23027	5 in the City of Collinsville shall be paid monthly, subject to
23028	23028	6 appropriation by the General Assembly, as follows: 30% to the
23029	23029	7 City of Alton, 30% to the City of East St. Louis, and 40% to
23030	23030	8 the City of Collinsville.
23031	23031	9 Municipalities and counties may refund any portion of the
23032	23032	10 payment that they receive pursuant to this subsection (b-5) to
23033	23033	11 the organization gaming facility.
23034	23034	12 (b-6) Beginning on June 28, 2019 (the effective date of
23035	23035	13 Public Act 101-31), from the tax revenue deposited in the
23036	23036	14 State Gaming Fund under this Section, an amount equal to 2% of
23037	23037	15 adjusted gross receipts generated by an organization gaming
23038	23038	16 facility located outside Madison County shall be paid monthly,
23039	23039	17 subject to appropriation by the General Assembly, to the
23040	23040	18 county in which the organization gaming facility is located
23041	23041	19 for the purposes of its criminal justice system or health care
23042	23042	20 system.
23043	23043	21 Counties may refund any portion of the payment that they
23044	23044	22 receive pursuant to this subsection (b-6) to the organization
23045	23045	23 gaming facility.
23046	23046	24 (b-7) From the tax revenue from the organization gaming
23047	23047	25 licensee located in one of the following townships of Cook
23048	23048	26 County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
23049	23049
23050	23050
23051	23051
23052	23052
23053	23053
23054	23054	SB0280 - 645 - LRB103 24970 AMQ 51304 b
23055	23055
23056	23056
23057	23057	SB0280- 646 -LRB103 24970 AMQ 51304 b SB0280 - 646 - LRB103 24970 AMQ 51304 b
23058	23058	SB0280 - 646 - LRB103 24970 AMQ 51304 b
23059	23059	1 Worth, an amount equal to 5% of the adjusted gross receipts
23060	23060	2 generated by that organization gaming licensee shall be
23061	23061	3 remitted monthly, subject to appropriation, as follows: 2% to
23062	23062	4 the unit of local government in which the organization gaming
23063	23063	5 licensee is located, and 3% shall be distributed: (A) in
23064	23064	6 accordance with a regional capital development plan entered
23065	23065	7 into by the following communities: Village of Beecher, City of
23066	23066	8 Blue Island, Village of Burnham, City of Calumet City, Village
23067	23067	9 of Calumet Park, City of Chicago Heights, City of Country Club
23068	23068	10 Hills, Village of Crestwood, Village of Crete, Village of
23069	23069	11 Dixmoor, Village of Dolton, Village of East Hazel Crest,
23070	23070	12 Village of Flossmoor, Village of Ford Heights, Village of
23071	23071	13 Glenwood, City of Harvey, Village of Hazel Crest, Village of
23072	23072	14 Homewood, Village of Lansing, Village of Lynwood, City of
23073	23073	15 Markham, Village of Matteson, Village of Midlothian, Village
23074	23074	16 of Monee, City of Oak Forest, Village of Olympia Fields,
23075	23075	17 Village of Orland Hills, Village of Orland Park, City of Palos
23076	23076	18 Heights, Village of Park Forest, Village of Phoenix, Village
23077	23077	19 of Posen, Village of Richton Park, Village of Riverdale,
23078	23078	20 Village of Robbins, Village of Sauk Village, Village of South
23079	23079	21 Chicago Heights, Village of South Holland, Village of Steger,
23080	23080	22 Village of Thornton, Village of Tinley Park, Village of
23081	23081	23 University Park, and Village of Worth; or (B) if no regional
23082	23082	24 capital development plan exists, equally among the communities
23083	23083	25 listed in item (A) to be used for capital expenditures or
23084	23084	26 public pension payments, or both.
23085	23085
23086	23086
23087	23087
23088	23088
23089	23089
23090	23090	SB0280 - 646 - LRB103 24970 AMQ 51304 b
23091	23091
23092	23092
23093	23093	SB0280- 647 -LRB103 24970 AMQ 51304 b SB0280 - 647 - LRB103 24970 AMQ 51304 b
23094	23094	SB0280 - 647 - LRB103 24970 AMQ 51304 b
23095	23095	1 (b-8) In lieu of the payments under subsection (b) of this
23096	23096	2 Section, from the tax revenue deposited in the State Gaming
23097	23097	3 Fund pursuant to riverboat or casino gambling operations
23098	23098	4 conducted by an owners licensee under paragraph (1) of
23099	23099	5 subsection (e-5) of Section 7, an amount equal to the tax
23100	23100	6 revenue generated from the privilege tax imposed by paragraph
23101	23101	7 (2) of subsection (a-5) that is to be paid to the City of
23102	23102	8 Chicago shall be paid monthly, subject to appropriation by the
23103	23103	9 General Assembly, as follows: (1) an amount equal to 0.5% of
23104	23104	10 the annual adjusted gross receipts generated by the owners
23105	23105	11 licensee under paragraph (1) of subsection (e-5) of Section 7
23106	23106	12 to the home rule county in which the owners licensee is located
23107	23107	13 for the purpose of enhancing the county's criminal justice
23108	23108	14 system; and (2) the balance to the City of Chicago and shall be
23109	23109	15 expended or obligated by the City of Chicago for pension
23110	23110	16 payments in accordance with Public Act 99-506.
23111	23111	17 (c) Appropriations, as approved by the General Assembly,
23112	23112	18 may be made from the State Gaming Fund to the Division Board
23113	23113	19 (i) for the administration and enforcement of this Act and the
23114	23114	20 Video Gaming Act, (ii) for distribution to the Illinois State
23115	23115	21 Police and to the Department of Revenue for the enforcement of
23116	23116	22 this Act and the Video Gaming Act, and (iii) to the Department
23117	23117	23 of Human Services for the administration of programs to treat
23118	23118	24 problem gambling, including problem gambling from sports
23119	23119	25 wagering. The Division's Board's annual appropriations request
23120	23120	26 must separately state its funding needs for the regulation of
23121	23121
23122	23122
23123	23123
23124	23124
23125	23125
23126	23126	SB0280 - 647 - LRB103 24970 AMQ 51304 b
23127	23127
23128	23128
23129	23129	SB0280- 648 -LRB103 24970 AMQ 51304 b SB0280 - 648 - LRB103 24970 AMQ 51304 b
23130	23130	SB0280 - 648 - LRB103 24970 AMQ 51304 b
23131	23131	1 gaming authorized under Section 7.7, riverboat gaming, casino
23132	23132	2 gaming, video gaming, and sports wagering.
23133	23133	3 (c-2) An amount equal to 2% of the adjusted gross receipts
23134	23134	4 generated by an organization gaming facility located within a
23135	23135	5 home rule county with a population of over 3,000,000
23136	23136	6 inhabitants shall be paid, subject to appropriation from the
23137	23137	7 General Assembly, from the State Gaming Fund to the home rule
23138	23138	8 county in which the organization gaming licensee is located
23139	23139	9 for the purpose of enhancing the county's criminal justice
23140	23140	10 system.
23141	23141	11 (c-3) Appropriations, as approved by the General Assembly,
23142	23142	12 may be made from the tax revenue deposited into the State
23143	23143	13 Gaming Fund from organization gaming licensees pursuant to
23144	23144	14 this Section for the administration and enforcement of this
23145	23145	15 Act.
23146	23146	16 (c-4) After payments required under subsections (b),
23147	23147	17 (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
23148	23148	18 the tax revenue from organization gaming licensees deposited
23149	23149	19 into the State Gaming Fund under this Section, all remaining
23150	23150	20 amounts from organization gaming licensees shall be
23151	23151	21 transferred into the Capital Projects Fund.
23152	23152	22 (c-5) (Blank).
23153	23153	23 (c-10) Each year the General Assembly shall appropriate
23154	23154	24 from the General Revenue Fund to the Education Assistance Fund
23155	23155	25 an amount equal to the amount paid into the Horse Racing Equity
23156	23156	26 Fund pursuant to subsection (c-5) in the prior calendar year.
23157	23157
23158	23158
23159	23159
23160	23160
23161	23161
23162	23162	SB0280 - 648 - LRB103 24970 AMQ 51304 b
23163	23163
23164	23164
23165	23165	SB0280- 649 -LRB103 24970 AMQ 51304 b SB0280 - 649 - LRB103 24970 AMQ 51304 b
23166	23166	SB0280 - 649 - LRB103 24970 AMQ 51304 b
23167	23167	1 (c-15) After the payments required under subsections (b),
23168	23168	2 (c), and (c-5) have been made, an amount equal to 2% of the
23169	23169	3 adjusted gross receipts of (1) an owners licensee that
23170	23170	4 relocates pursuant to Section 11.2, (2) an owners licensee
23171	23171	5 conducting riverboat gambling operations pursuant to an owners
23172	23172	6 license that is initially issued after June 25, 1999, or (3)
23173	23173	7 the first riverboat gambling operations conducted by a
23174	23174	8 licensed manager on behalf of the State under Section 7.3,
23175	23175	9 whichever comes first, shall be paid, subject to appropriation
23176	23176	10 from the General Assembly, from the State Gaming Fund to each
23177	23177	11 home rule county with a population of over 3,000,000
23178	23178	12 inhabitants for the purpose of enhancing the county's criminal
23179	23179	13 justice system.
23180	23180	14 (c-20) Each year the General Assembly shall appropriate
23181	23181	15 from the General Revenue Fund to the Education Assistance Fund
23182	23182	16 an amount equal to the amount paid to each home rule county
23183	23183	17 with a population of over 3,000,000 inhabitants pursuant to
23184	23184	18 subsection (c-15) in the prior calendar year.
23185	23185	19 (c-21) After the payments required under subsections (b),
23186	23186	20 (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
23187	23187	21 been made, an amount equal to 0.5% of the adjusted gross
23188	23188	22 receipts generated by the owners licensee under paragraph (1)
23189	23189	23 of subsection (e-5) of Section 7 shall be paid monthly,
23190	23190	24 subject to appropriation from the General Assembly, from the
23191	23191	25 State Gaming Fund to the home rule county in which the owners
23192	23192	26 licensee is located for the purpose of enhancing the county's
23193	23193
23194	23194
23195	23195
23196	23196
23197	23197
23198	23198	SB0280 - 649 - LRB103 24970 AMQ 51304 b
23199	23199
23200	23200
23201	23201	SB0280- 650 -LRB103 24970 AMQ 51304 b SB0280 - 650 - LRB103 24970 AMQ 51304 b
23202	23202	SB0280 - 650 - LRB103 24970 AMQ 51304 b
23203	23203	1 criminal justice system.
23204	23204	2 (c-22) After the payments required under subsections (b),
23205	23205	3 (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
23206	23206	4 (c-21) have been made, an amount equal to 2% of the adjusted
23207	23207	5 gross receipts generated by the owners licensee under
23208	23208	6 paragraph (5) of subsection (e-5) of Section 7 shall be paid,
23209	23209	7 subject to appropriation from the General Assembly, from the
23210	23210	8 State Gaming Fund to the home rule county in which the owners
23211	23211	9 licensee is located for the purpose of enhancing the county's
23212	23212	10 criminal justice system.
23213	23213	11 (c-25) From July 1, 2013 and each July 1 thereafter
23214	23214	12 through July 1, 2019, $1,600,000 shall be transferred from the
23215	23215	13 State Gaming Fund to the Chicago State University Education
23216	23216	14 Improvement Fund.
23217	23217	15 On July 1, 2020 and each July 1 thereafter, $3,000,000
23218	23218	16 shall be transferred from the State Gaming Fund to the Chicago
23219	23219	17 State University Education Improvement Fund.
23220	23220	18 (c-30) On July 1, 2013 or as soon as possible thereafter,
23221	23221	19 $92,000,000 shall be transferred from the State Gaming Fund to
23222	23222	20 the School Infrastructure Fund and $23,000,000 shall be
23223	23223	21 transferred from the State Gaming Fund to the Horse Racing
23224	23224	22 Equity Fund.
23225	23225	23 (c-35) Beginning on July 1, 2013, in addition to any
23226	23226	24 amount transferred under subsection (c-30) of this Section,
23227	23227	25 $5,530,000 shall be transferred monthly from the State Gaming
23228	23228	26 Fund to the School Infrastructure Fund.
23229	23229
23230	23230
23231	23231
23232	23232
23233	23233
23234	23234	SB0280 - 650 - LRB103 24970 AMQ 51304 b
23235	23235
23236	23236
23237	23237	SB0280- 651 -LRB103 24970 AMQ 51304 b SB0280 - 651 - LRB103 24970 AMQ 51304 b
23238	23238	SB0280 - 651 - LRB103 24970 AMQ 51304 b
23239	23239	1 (d) From time to time, through June 30, 2021, the Board
23240	23240	2 shall transfer the remainder of the funds generated by this
23241	23241	3 Act into the Education Assistance Fund.
23242	23242	4 (d-5) Beginning on July 1, 2021, on the last day of each
23243	23243	5 month, or as soon thereafter as possible, after all the
23244	23244	6 required expenditures, distributions, and transfers have been
23245	23245	7 made from the State Gaming Fund for the month pursuant to
23246	23246	8 subsections (b) through (c-35), at the direction of the
23247	23247	9 Division Board, the Comptroller shall direct and the Treasurer
23248	23248	10 shall transfer $22,500,000, along with any deficiencies in
23249	23249	11 such amounts from prior months in the same fiscal year, from
23250	23250	12 the State Gaming Fund to the Education Assistance Fund; then,
23251	23251	13 at the direction of the Division Board, the Comptroller shall
23252	23252	14 direct and the Treasurer shall transfer the remainder of the
23253	23253	15 funds generated by this Act, if any, from the State Gaming Fund
23254	23254	16 to the Capital Projects Fund.
23255	23255	17 (e) Nothing in this Act shall prohibit the unit of local
23256	23256	18 government designated as the home dock of the riverboat from
23257	23257	19 entering into agreements with other units of local government
23258	23258	20 in this State or in other states to share its portion of the
23259	23259	21 tax revenue.
23260	23260	22 (f) To the extent practicable, the Division Board shall
23261	23261	23 administer and collect the wagering taxes imposed by this
23262	23262	24 Section in a manner consistent with the provisions of Sections
23263	23263	25 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9,
23264	23264	26 and 10 of the Retailers' Occupation Tax Act and Section 3-7 of
23265	23265
23266	23266
23267	23267
23268	23268
23269	23269
23270	23270	SB0280 - 651 - LRB103 24970 AMQ 51304 b
23271	23271
23272	23272
23273	23273	SB0280- 652 -LRB103 24970 AMQ 51304 b SB0280 - 652 - LRB103 24970 AMQ 51304 b
23274	23274	SB0280 - 652 - LRB103 24970 AMQ 51304 b
23275	23275	1 the Uniform Penalty and Interest Act.
23276	23276	2 (Source: P.A. 101-31, Article 25, Section 25-910, eff.
23277	23277	3 6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
23278	23278	4 101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff.
23279	23279	5 8-20-21; 102-689, eff. 12-17-21; 102-699, eff. 4-19-22.)
23280	23280	6 (230 ILCS 10/13.05)
23281	23281	7 Sec. 13.05. Withholding of delinquent child support.
23282	23282	8 (a) From winnings required to be reported to the Internal
23283	23283	9 Revenue Service on Form W-2G, an owners licensee or a licensee
23284	23284	10 that operates one or more facilities or gaming locations at
23285	23285	11 which lawful gambling is authorized as provided in this Act
23286	23286	12 shall withhold up to the full amount of winnings necessary to
23287	23287	13 pay the winner's past due child support amount as certified by
23288	23288	14 the Department of Healthcare and Family Services under Section
23289	23289	15 10-17.15 of the Illinois Public Aid Code. Amounts withheld
23290	23290	16 shall be paid to the Department of Healthcare and Family
23291	23291	17 Services by the owners licensee or casino operator licensee,
23292	23292	18 as applicable.
23293	23293	19 (b) For withholding of winnings, the licensee shall be
23294	23294	20 entitled to an administrative fee not to exceed the lesser of
23295	23295	21 4% of the total amount of cash winnings paid to the gambling
23296	23296	22 winner or $150.
23297	23297	23 (c) In no event may the total amount withheld from the cash
23298	23298	24 payout, including the administrative fee, exceed the total
23299	23299	25 cash winnings claimed by the obligor. If the cash payout
23300	23300
23301	23301
23302	23302
23303	23303
23304	23304
23305	23305	SB0280 - 652 - LRB103 24970 AMQ 51304 b
23306	23306
23307	23307
23308	23308	SB0280- 653 -LRB103 24970 AMQ 51304 b SB0280 - 653 - LRB103 24970 AMQ 51304 b
23309	23309	SB0280 - 653 - LRB103 24970 AMQ 51304 b
23310	23310	1 claimed is greater than the amount sufficient to satisfy the
23311	23311	2 obligor's delinquent child support payments, the licensee
23312	23312	3 shall pay the obligor the remaining balance of the payout,
23313	23313	4 less the administrative fee authorized by subsection (b) of
23314	23314	5 this Section, at the time it is claimed.
23315	23315	6 (d) A licensee who in good faith complies with the
23316	23316	7 requirements of this Section shall not be liable to the gaming
23317	23317	8 winner or any other individual or entity.
23318	23318	9 (e) Upon request of a licensed owner under this Act, an
23319	23319	10 agent of the Division Board (such as a gaming special agent
23320	23320	11 employed by the Division Board, a State police officer, or a
23321	23321	12 revenue agent) shall be responsible for notifying the person
23322	23322	13 identified as being delinquent in child support payments that
23323	23323	14 the licensed owner is required by law to withhold all or a
23324	23324	15 portion of his or her winnings. If given, this notification
23325	23325	16 must be provided at the time the winnings are withheld.
23326	23326	17 (f) The provisions of this Section shall be operative on
23327	23327	18 and after the date that rules are adopted by the Department of
23328	23328	19 Healthcare and Family Services pursuant to Section 10-17.15 of
23329	23329	20 the Illinois Public Aid Code.
23330	23330	21 (g) The delinquent child support required to be withheld
23331	23331	22 under this Section and the administrative fee under subsection
23332	23332	23 (b) of this Section have priority over any secured or
23333	23333	24 unsecured claim on cash winnings, except claims for federal or
23334	23334	25 State taxes that are required to be withheld under federal or
23335	23335	26 State law.
23336	23336
23337	23337
23338	23338
23339	23339
23340	23340
23341	23341	SB0280 - 653 - LRB103 24970 AMQ 51304 b
23342	23342
23343	23343
23344	23344	SB0280- 654 -LRB103 24970 AMQ 51304 b SB0280 - 654 - LRB103 24970 AMQ 51304 b
23345	23345	SB0280 - 654 - LRB103 24970 AMQ 51304 b
23346	23346	1 (Source: P.A. 98-318, eff. 8-12-13.)
23347	23347	2 (230 ILCS 10/14) (from Ch. 120, par. 2414)
23348	23348	3 Sec. 14. Licensees - Records - Reports - Supervision.
23349	23349	4 (a) Licensed owners and organization gaming licensees
23350	23350	5 shall keep books and records so as to clearly show the
23351	23351	6 following:
23352	23352	7 (1) The amount received daily from admission fees.
23353	23353	8 (2) The total amount of gross receipts.
23354	23354	9 (3) The total amount of the adjusted gross receipts.
23355	23355	10 (b) Licensed owners and organization gaming licensees
23356	23356	11 shall furnish to the Division Board reports and information as
23357	23357	12 the Division Board may require with respect to its activities
23358	23358	13 on forms designed and supplied for such purpose by the
23359	23359	14 Division Board.
23360	23360	15 (c) The books and records kept by a licensed owner as
23361	23361	16 provided by this Section are public records and the
23362	23362	17 examination, publication, and dissemination of the books and
23363	23363	18 records are governed by the provisions of The Freedom of
23364	23364	19 Information Act.
23365	23365	20 (Source: P.A. 101-31, eff. 6-28-19.)
23366	23366	21 (230 ILCS 10/15) (from Ch. 120, par. 2415)
23367	23367	22 Sec. 15. Audit of licensee operations. Annually, the
23368	23368	23 licensed owner, manager, or organization gaming licensee shall
23369	23369	24 transmit to the Division Board an audit of the financial
23370	23370
23371	23371
23372	23372
23373	23373
23374	23374
23375	23375	SB0280 - 654 - LRB103 24970 AMQ 51304 b
23376	23376
23377	23377
23378	23378	SB0280- 655 -LRB103 24970 AMQ 51304 b SB0280 - 655 - LRB103 24970 AMQ 51304 b
23379	23379	SB0280 - 655 - LRB103 24970 AMQ 51304 b
23380	23380	1 transactions and condition of the licensee's or manager's
23381	23381	2 total operations. Additionally, within 90 days after the end
23382	23382	3 of each quarter of each fiscal year, the licensed owner,
23383	23383	4 manager, or organization gaming licensee shall transmit to the
23384	23384	5 Division Board a compliance report on engagement procedures
23385	23385	6 determined by the Division Board. All audits and compliance
23386	23386	7 engagements shall be conducted by certified public accountants
23387	23387	8 selected by the Division Board. Each certified public
23388	23388	9 accountant must be registered in the State of Illinois under
23389	23389	10 the Illinois Public Accounting Act. The compensation for each
23390	23390	11 certified public accountant shall be paid directly by the
23391	23391	12 licensed owner, manager, or organization gaming licensee to
23392	23392	13 the certified public accountant.
23393	23393	14 (Source: P.A. 101-31, eff. 6-28-19.)
23394	23394	15 (230 ILCS 10/16) (from Ch. 120, par. 2416)
23395	23395	16 Sec. 16. Annual Report of Division Board. The Division
23396	23396	17 Board shall make an annual report to the Governor, for the
23397	23397	18 period ending December 31 of each year. Included in the report
23398	23398	19 shall be an account of the Division Board actions, its
23399	23399	20 financial position and results of operation under this Act,
23400	23400	21 the practical results attained under this Act and any
23401	23401	22 recommendations for legislation which the Division Board deems
23402	23402	23 advisable.
23403	23403	24 (Source: P.A. 86-1029.)
23404	23404
23405	23405
23406	23406
23407	23407
23408	23408
23409	23409	SB0280 - 655 - LRB103 24970 AMQ 51304 b
23410	23410
23411	23411
23412	23412	SB0280- 656 -LRB103 24970 AMQ 51304 b SB0280 - 656 - LRB103 24970 AMQ 51304 b
23413	23413	SB0280 - 656 - LRB103 24970 AMQ 51304 b
23414	23414	1 (230 ILCS 10/17) (from Ch. 120, par. 2417)
23415	23415	2 Sec. 17. Administrative procedures. The Illinois
23416	23416	3 Administrative Procedure Act shall apply to all administrative
23417	23417	4 rules and procedures of the Division Board under this Act and
23418	23418	5 the Video Gaming Act, except that: (1) subsection (b) of
23419	23419	6 Section 5-10 of the Illinois Administrative Procedure Act does
23420	23420	7 not apply to final orders, decisions and opinions of the
23421	23421	8 Division Board; (2) subsection (a) of Section 5-10 of the
23422	23422	9 Illinois Administrative Procedure Act does not apply to forms
23423	23423	10 established by the Division Board for use under this Act and or
23424	23424	11 the Video Gaming Act; (3) the provisions of Section 10-45 of
23425	23425	12 the Illinois Administrative Procedure Act regarding proposals
23426	23426	13 for decision are excluded under this Act and the Video Gaming
23427	23427	14 Act; and (4) the provisions of subsection (d) of Section 10-65
23428	23428	15 of the Illinois Administrative Procedure Act do not apply so
23429	23429	16 as to prevent summary suspension of any license pending
23430	23430	17 revocation or other action, which suspension shall remain in
23431	23431	18 effect unless modified by the Division Board or unless the
23432	23432	19 Division's Board's decision is reversed on the merits upon
23433	23433	20 judicial review.
23434	23434	21 (Source: P.A. 101-31, eff. 6-28-19.)
23435	23435	22 (230 ILCS 10/17.1) (from Ch. 120, par. 2417.1)
23436	23436	23 Sec. 17.1. Judicial review.
23437	23437	24 (a) Jurisdiction and venue for the judicial review of a
23438	23438	25 final order of the Division Board relating to licensed owners,
23439	23439
23440	23440
23441	23441
23442	23442
23443	23443
23444	23444	SB0280 - 656 - LRB103 24970 AMQ 51304 b
23445	23445
23446	23446
23447	23447	SB0280- 657 -LRB103 24970 AMQ 51304 b SB0280 - 657 - LRB103 24970 AMQ 51304 b
23448	23448	SB0280 - 657 - LRB103 24970 AMQ 51304 b
23449	23449	1 suppliers, organization gaming licensees, and special event
23450	23450	2 licenses is vested in the Appellate Court of the judicial
23451	23451	3 district in which Sangamon County is located. A petition for
23452	23452	4 judicial review of a final order of the Division Board must be
23453	23453	5 filed in the Appellate Court, within 35 days from the date that
23454	23454	6 a copy of the decision sought to be reviewed was served upon
23455	23455	7 the party affected by the decision.
23456	23456	8 (b) Judicial review of all other final orders of the
23457	23457	9 Division Board shall be conducted in accordance with the
23458	23458	10 Administrative Review Law.
23459	23459	11 (Source: P.A. 101-31, eff. 6-28-19.)
23460	23460	12 (230 ILCS 10/18) (from Ch. 120, par. 2418)
23461	23461	13 Sec. 18. Prohibited activities; penalty.
23462	23462	14 (a) A person is guilty of a Class A misdemeanor for doing
23463	23463	15 any of the following:
23464	23464	16 (1) Conducting gambling where wagering is used or to
23465	23465	17 be used without a license issued by the Division Board.
23466	23466	18 (2) Conducting gambling where wagering is permitted
23467	23467	19 other than in the manner specified by Section 11.
23468	23468	20 (b) A person is guilty of a Class B misdemeanor for doing
23469	23469	21 any of the following:
23470	23470	22 (1) permitting a person under 21 years to make a
23471	23471	23 wager; or
23472	23472	24 (2) violating paragraph (12) of subsection (a) of
23473	23473	25 Section 11 of this Act.
23474	23474
23475	23475
23476	23476
23477	23477
23478	23478
23479	23479	SB0280 - 657 - LRB103 24970 AMQ 51304 b
23480	23480
23481	23481
23482	23482	SB0280- 658 -LRB103 24970 AMQ 51304 b SB0280 - 658 - LRB103 24970 AMQ 51304 b
23483	23483	SB0280 - 658 - LRB103 24970 AMQ 51304 b
23484	23484	1 (c) A person wagering or accepting a wager at any location
23485	23485	2 outside the riverboat, casino, or organization gaming facility
23486	23486	3 in violation of paragraph (1) or (2) of subsection (a) of
23487	23487	4 Section 28-1 of the Criminal Code of 2012 is subject to the
23488	23488	5 penalties provided in that Section.
23489	23489	6 (d) A person commits a Class 4 felony and, in addition,
23490	23490	7 shall be barred for life from gambling operations under the
23491	23491	8 jurisdiction of the Division Board, if the person does any of
23492	23492	9 the following:
23493	23493	10 (1) Offers, promises, or gives anything of value or
23494	23494	11 benefit to a person who is connected with a riverboat or
23495	23495	12 casino owner or organization gaming licensee, including,
23496	23496	13 but not limited to, an officer or employee of a licensed
23497	23497	14 owner, organization gaming licensee, or holder of an
23498	23498	15 occupational license pursuant to an agreement or
23499	23499	16 arrangement or with the intent that the promise or thing
23500	23500	17 of value or benefit will influence the actions of the
23501	23501	18 person to whom the offer, promise, or gift was made in
23502	23502	19 order to affect or attempt to affect the outcome of a
23503	23503	20 gambling game, or to influence official action of an
23504	23504	21 employee of the Division a member of the Board.
23505	23505	22 (2) Solicits or knowingly accepts or receives a
23506	23506	23 promise of anything of value or benefit while the person
23507	23507	24 is connected with a riverboat, casino, or organization
23508	23508	25 gaming facility, including, but not limited to, an officer
23509	23509	26 or employee of a licensed owner or organization gaming
23510	23510
23511	23511
23512	23512
23513	23513
23514	23514
23515	23515	SB0280 - 658 - LRB103 24970 AMQ 51304 b
23516	23516
23517	23517
23518	23518	SB0280- 659 -LRB103 24970 AMQ 51304 b SB0280 - 659 - LRB103 24970 AMQ 51304 b
23519	23519	SB0280 - 659 - LRB103 24970 AMQ 51304 b
23520	23520	1 licensee, or the holder of an occupational license,
23521	23521	2 pursuant to an understanding or arrangement or with the
23522	23522	3 intent that the promise or thing of value or benefit will
23523	23523	4 influence the actions of the person to affect or attempt
23524	23524	5 to affect the outcome of a gambling game, or to influence
23525	23525	6 official action of an employee of the Division a member of
23526	23526	7 the Board.
23527	23527	8 (3) Uses or possesses with the intent to use a device
23528	23528	9 to assist:
23529	23529	10 (i) In projecting the outcome of the game.
23530	23530	11 (ii) In keeping track of the cards played.
23531	23531	12 (iii) In analyzing the probability of the
23532	23532	13 occurrence of an event relating to the gambling game.
23533	23533	14 (iv) In analyzing the strategy for playing or
23534	23534	15 betting to be used in the game except as permitted by
23535	23535	16 the Division Board.
23536	23536	17 (4) Cheats at a gambling game.
23537	23537	18 (5) Manufactures, sells, or distributes any cards,
23538	23538	19 chips, dice, game or device which is intended to be used to
23539	23539	20 violate any provision of this Act.
23540	23540	21 (6) Alters or misrepresents the outcome of a gambling
23541	23541	22 game on which wagers have been made after the outcome is
23542	23542	23 made sure but before it is revealed to the players.
23543	23543	24 (7) Places a bet after acquiring knowledge, not
23544	23544	25 available to all players, of the outcome of the gambling
23545	23545	26 game which is the subject of the bet or to aid a person in
23546	23546
23547	23547
23548	23548
23549	23549
23550	23550
23551	23551	SB0280 - 659 - LRB103 24970 AMQ 51304 b
23552	23552
23553	23553
23554	23554	SB0280- 660 -LRB103 24970 AMQ 51304 b SB0280 - 660 - LRB103 24970 AMQ 51304 b
23555	23555	SB0280 - 660 - LRB103 24970 AMQ 51304 b
23556	23556	1 acquiring the knowledge for the purpose of placing a bet
23557	23557	2 contingent on that outcome.
23558	23558	3 (8) Claims, collects, or takes, or attempts to claim,
23559	23559	4 collect, or take, money or anything of value in or from the
23560	23560	5 gambling games, with intent to defraud, without having
23561	23561	6 made a wager contingent on winning a gambling game, or
23562	23562	7 claims, collects, or takes an amount of money or thing of
23563	23563	8 value of greater value than the amount won.
23564	23564	9 (9) Uses counterfeit chips or tokens in a gambling
23565	23565	10 game.
23566	23566	11 (10) Possesses any key or device designed for the
23567	23567	12 purpose of opening, entering, or affecting the operation
23568	23568	13 of a gambling game, drop box, or an electronic or
23569	23569	14 mechanical device connected with the gambling game or for
23570	23570	15 removing coins, tokens, chips or other contents of a
23571	23571	16 gambling game. This paragraph (10) does not apply to a
23572	23572	17 gambling licensee or employee of a gambling licensee
23573	23573	18 acting in furtherance of the employee's employment.
23574	23574	19 (e) The possession of more than one of the devices
23575	23575	20 described in paragraphs (3), (5), and (10) of subsection (d)
23576	23576	21 permits a rebuttable presumption that the possessor intended
23577	23577	22 to use the devices for cheating.
23578	23578	23 (f) A person under the age of 21 who, except as authorized
23579	23579	24 under paragraph (10) of Section 11, enters upon a riverboat or
23580	23580	25 in a casino or organization gaming facility commits a petty
23581	23581	26 offense and is subject to a fine of not less than $100 or more
23582	23582
23583	23583
23584	23584
23585	23585
23586	23586
23587	23587	SB0280 - 660 - LRB103 24970 AMQ 51304 b
23588	23588
23589	23589
23590	23590	SB0280- 661 -LRB103 24970 AMQ 51304 b SB0280 - 661 - LRB103 24970 AMQ 51304 b
23591	23591	SB0280 - 661 - LRB103 24970 AMQ 51304 b
23592	23592	1 than $250 for a first offense and of not less than $200 or more
23593	23593	2 than $500 for a second or subsequent offense.
23594	23594	3 An action to prosecute any crime occurring on a riverboat
23595	23595	4 shall be tried in the county of the dock at which the riverboat
23596	23596	5 is based. An action to prosecute any crime occurring in a
23597	23597	6 casino or organization gaming facility shall be tried in the
23598	23598	7 county in which the casino or organization gaming facility is
23599	23599	8 located.
23600	23600	9 (Source: P.A. 101-31, eff. 6-28-19; 102-813, eff. 5-13-22.)
23601	23601	10 (230 ILCS 10/18.1)
23602	23602	11 Sec. 18.1. Distribution of certain fines. If a fine is
23603	23603	12 imposed on an owners licensee or an organization gaming
23604	23604	13 licensee for knowingly sending marketing or promotional
23605	23605	14 materials to any person placed on the self-exclusion list,
23606	23606	15 then the Division Board shall distribute an amount equal to
23607	23607	16 15% of the fine imposed to the unit of local government in
23608	23608	17 which the casino, riverboat, or organization gaming facility
23609	23609	18 is located for the purpose of awarding grants to non-profit
23610	23610	19 entities that assist gambling addicts.
23611	23611	20 (Source: P.A. 101-31, eff. 6-28-19.)
23612	23612	21 (230 ILCS 10/22) (from Ch. 120, par. 2422)
23613	23613	22 Sec. 22. Criminal history record information. Whenever the
23614	23614	23 Division Board is authorized or required by law to consider
23615	23615	24 some aspect of criminal history record information for the
23616	23616
23617	23617
23618	23618
23619	23619
23620	23620
23621	23621	SB0280 - 661 - LRB103 24970 AMQ 51304 b
23622	23622
23623	23623
23624	23624	SB0280- 662 -LRB103 24970 AMQ 51304 b SB0280 - 662 - LRB103 24970 AMQ 51304 b
23625	23625	SB0280 - 662 - LRB103 24970 AMQ 51304 b
23626	23626	1 purpose of carrying out its statutory powers and
23627	23627	2 responsibilities, the Division Board shall, in the form and
23628	23628	3 manner required by the Illinois State Police and the Federal
23629	23629	4 Bureau of Investigation, cause to be conducted a criminal
23630	23630	5 history record investigation to obtain any information
23631	23631	6 currently or thereafter contained in the files of the Illinois
23632	23632	7 State Police or the Federal Bureau of Investigation,
23633	23633	8 including, but not limited to, civil, criminal, and latent
23634	23634	9 fingerprint databases. Each applicant for occupational
23635	23635	10 licensing under Section 9 or key person as defined by the
23636	23636	11 Division Board in administrative rules shall submit his or her
23637	23637	12 fingerprints to the Illinois State Police in the form and
23638	23638	13 manner prescribed by the Illinois State Police. These
23639	23639	14 fingerprints shall be checked against the fingerprint records
23640	23640	15 now and hereafter filed in the Illinois State Police and
23641	23641	16 Federal Bureau of Investigation criminal history records
23642	23642	17 databases, including, but not limited to, civil, criminal, and
23643	23643	18 latent fingerprint databases. The Illinois State Police shall
23644	23644	19 charge a fee for conducting the criminal history records
23645	23645	20 check, which shall be deposited in the State Police Services
23646	23646	21 Fund and shall not exceed the actual cost of the records check.
23647	23647	22 The Illinois State Police shall provide, on the Division's
23648	23648	23 Board's request, information concerning any criminal charges,
23649	23649	24 and their disposition, currently or thereafter filed against
23650	23650	25 any applicant, key person, or holder of any license or for
23651	23651	26 determinations of suitability. Information obtained as a
23652	23652
23653	23653
23654	23654
23655	23655
23656	23656
23657	23657	SB0280 - 662 - LRB103 24970 AMQ 51304 b
23658	23658
23659	23659
23660	23660	SB0280- 663 -LRB103 24970 AMQ 51304 b SB0280 - 663 - LRB103 24970 AMQ 51304 b
23661	23661	SB0280 - 663 - LRB103 24970 AMQ 51304 b
23662	23662	1 result of an investigation under this Section shall be used in
23663	23663	2 determining eligibility for any license. Upon request and
23664	23664	3 payment of fees in conformance with the requirements of
23665	23665	4 Section 2605-400 of the Illinois State Police Law, the
23666	23666	5 Illinois State Police is authorized to furnish, pursuant to
23667	23667	6 positive identification, such information contained in State
23668	23668	7 files as is necessary to fulfill the request.
23669	23669	8 (Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.)
23670	23670	9 Section 145. The Raffles and Poker Runs Act is amended by
23671	23671	10 changing Section 1 as follows:
23672	23672	11 (230 ILCS 15/1) (from Ch. 85, par. 2301)
23673	23673	12 Sec. 1. Definitions. For the purposes of this Act the
23674	23674	13 terms defined in this Section have the meanings given them.
23675	23675	14 "Fire protection agency" means: (1) an agency of this
23676	23676	15 State, unit of local government, or intergovernmental mutual
23677	23677	16 aid entity that is vested by law or intergovernmental
23678	23678	17 agreement with the duty and authority to provide public fire
23679	23679	18 suppression, rescue, or emergency medical services; or (2) an
23680	23680	19 organization that provides support or assistance to an agency
23681	23681	20 of this State, unit of local government, or intergovernmental
23682	23682	21 mutual aid entity that is vested by law or intergovernmental
23683	23683	22 agreement with the duty and authority to provide public fire
23684	23684	23 suppression, rescue, or emergency medical services.
23685	23685	24 "Key location" means:
23686	23686
23687	23687
23688	23688
23689	23689
23690	23690
23691	23691	SB0280 - 663 - LRB103 24970 AMQ 51304 b
23692	23692
23693	23693
23694	23694	SB0280- 664 -LRB103 24970 AMQ 51304 b SB0280 - 664 - LRB103 24970 AMQ 51304 b
23695	23695	SB0280 - 664 - LRB103 24970 AMQ 51304 b
23696	23696	1 (1) For a poker run, the location where the poker run
23697	23697	2 concludes and the prizes are awarded.
23698	23698	3 (2) For a raffle, the location where the winning
23699	23699	4 chances in the raffle are determined.
23700	23700	5 "Law enforcement agency" means an agency of this State or
23701	23701	6 a unit of local government in this State that is vested by law
23702	23702	7 or ordinance with the duty to maintain public order and to
23703	23703	8 enforce criminal laws or ordinances.
23704	23704	9 "Net proceeds" means the gross receipts from the conduct
23705	23705	10 of raffles, less reasonable sums expended for prizes, local
23706	23706	11 license fees and other operating expenses incurred as a result
23707	23707	12 of operating a raffle or poker run.
23708	23708	13 "Poker run" means a prize-awarding event organized by an
23709	23709	14 organization licensed under this Act in which participants
23710	23710	15 travel to multiple predetermined locations, including a key
23711	23711	16 location, to play a randomized game based on an element of
23712	23712	17 chance. "Poker run" includes dice runs, marble runs, or other
23713	23713	18 events where the objective is to build the best hand or highest
23714	23714	19 score by obtaining an item or playing a randomized game at each
23715	23715	20 location.
23716	23716	21 "Raffle" means a form of lottery, as defined in subsection
23717	23717	22 (b) of Section 28-2 of the Criminal Code of 2012, conducted by
23718	23718	23 an organization licensed under this Act, in which:
23719	23719	24 (1) the player pays or agrees to pay something of
23720	23720	25 value for a chance, represented and differentiated by a
23721	23721	26 number or by a combination of numbers or by some other
23722	23722
23723	23723
23724	23724
23725	23725
23726	23726
23727	23727	SB0280 - 664 - LRB103 24970 AMQ 51304 b
23728	23728
23729	23729
23730	23730	SB0280- 665 -LRB103 24970 AMQ 51304 b SB0280 - 665 - LRB103 24970 AMQ 51304 b
23731	23731	SB0280 - 665 - LRB103 24970 AMQ 51304 b
23732	23732	1 medium, one or more of which chances is to be designated
23733	23733	2 the winning chance; and
23734	23734	3 (2) the winning chance is to be determined through a
23735	23735	4 drawing or by some other method based on an element of
23736	23736	5 chance by an act or set of acts on the part of persons
23737	23737	6 conducting or connected with the lottery, except that the
23738	23738	7 winning chance shall not be determined by the outcome of a
23739	23739	8 publicly exhibited sporting contest.
23740	23740	9 "Raffle" does not include any game designed to simulate:
23741	23741	10 (1) gambling games as defined in the Illinois Gambling Act,
23742	23742	11 (2) any casino game approved for play by the Department of
23743	23743	12 Lottery and Gaming Illinois Gaming Board, (3) any games
23744	23744	13 provided by a video gaming terminal, as defined in the Video
23745	23745	14 Gaming Act, or (4) a savings promotion raffle authorized under
23746	23746	15 Section 5g of the Illinois Banking Act, Section 7008 of the
23747	23747	16 Savings Bank Act, Section 42.7 of the Illinois Credit Union
23748	23748	17 Act, Section 5136B of the National Bank Act, or Section 4 of
23749	23749	18 the Home Owners' Loan Act.
23750	23750	19 (Source: P.A. 101-109, eff. 7-19-19; 102-558, eff. 8-20-21;
23751	23751	20 102-689, eff. 12-17-21.)
23752	23752	21 Section 150. The Video Gaming Act is amended by changing
23753	23753	22 Sections 5, 15, 20, 25, 26, 35, 43, 45, 50, 57, 58, 60, 78, 79,
23754	23754	23 79.5, 80, and 85 as follows:
23755	23755	24 (230 ILCS 40/5)
23756	23756
23757	23757
23758	23758
23759	23759
23760	23760
23761	23761	SB0280 - 665 - LRB103 24970 AMQ 51304 b
23762	23762
23763	23763
23764	23764	SB0280- 666 -LRB103 24970 AMQ 51304 b SB0280 - 666 - LRB103 24970 AMQ 51304 b
23765	23765	SB0280 - 666 - LRB103 24970 AMQ 51304 b
23766	23766	1 Sec. 5. Definitions. As used in this Act:
23767	23767	2 "Board" means the Illinois Gaming Board.
23768	23768	3 "Credit" means one, 5, 10, or 25 cents either won or
23769	23769	4 purchased by a player.
23770	23770	5 "Distributor" means an individual, partnership,
23771	23771	6 corporation, or limited liability company licensed under this
23772	23772	7 Act to buy, sell, lease, or distribute video gaming terminals
23773	23773	8 or major components or parts of video gaming terminals to or
23774	23774	9 from terminal operators.
23775	23775	10 "Director" means the Director of Video Gaming of the
23776	23776	11 Department of Lottery and Gaming.
23777	23777	12 "Division" means the Division of Video Gaming of the
23778	23778	13 Department of Lottery and Gaming.
23779	23779	14 "Electronic card" means a card purchased from a licensed
23780	23780	15 establishment, licensed fraternal establishment, licensed
23781	23781	16 veterans establishment, licensed truck stop establishment, or
23782	23782	17 licensed large truck stop establishment for use in that
23783	23783	18 establishment as a substitute for cash in the conduct of
23784	23784	19 gaming on a video gaming terminal.
23785	23785	20 "Electronic voucher" means a voucher printed by an
23786	23786	21 electronic video game machine that is redeemable in the
23787	23787	22 licensed establishment for which it was issued.
23788	23788	23 "In-location bonus jackpot" means one or more video gaming
23789	23789	24 terminals at a single licensed establishment that allows for
23790	23790	25 wagers placed on such video gaming terminals to contribute to
23791	23791	26 a cumulative maximum jackpot of up to $10,000.
23792	23792
23793	23793
23794	23794
23795	23795
23796	23796
23797	23797	SB0280 - 666 - LRB103 24970 AMQ 51304 b
23798	23798
23799	23799
23800	23800	SB0280- 667 -LRB103 24970 AMQ 51304 b SB0280 - 667 - LRB103 24970 AMQ 51304 b
23801	23801	SB0280 - 667 - LRB103 24970 AMQ 51304 b
23802	23802	1 "Terminal operator" means an individual, partnership,
23803	23803	2 corporation, or limited liability company that is licensed
23804	23804	3 under this Act and that owns, services, and maintains video
23805	23805	4 gaming terminals for placement in licensed establishments,
23806	23806	5 licensed truck stop establishments, licensed large truck stop
23807	23807	6 establishments, licensed fraternal establishments, or licensed
23808	23808	7 veterans establishments.
23809	23809	8 "Licensed technician" means an individual who is licensed
23810	23810	9 under this Act to repair, service, and maintain video gaming
23811	23811	10 terminals.
23812	23812	11 "Licensed terminal handler" means a person, including but
23813	23813	12 not limited to an employee or independent contractor working
23814	23814	13 for a manufacturer, distributor, supplier, technician, or
23815	23815	14 terminal operator, who is licensed under this Act to possess
23816	23816	15 or control a video gaming terminal or to have access to the
23817	23817	16 inner workings of a video gaming terminal. A licensed terminal
23818	23818	17 handler does not include an individual, partnership,
23819	23819	18 corporation, or limited liability company defined as a
23820	23820	19 manufacturer, distributor, supplier, technician, or terminal
23821	23821	20 operator under this Act.
23822	23822	21 "Manufacturer" means an individual, partnership,
23823	23823	22 corporation, or limited liability company that is licensed
23824	23824	23 under this Act and that manufactures or assembles video gaming
23825	23825	24 terminals.
23826	23826	25 "Supplier" means an individual, partnership, corporation,
23827	23827	26 or limited liability company that is licensed under this Act
23828	23828
23829	23829
23830	23830
23831	23831
23832	23832
23833	23833	SB0280 - 667 - LRB103 24970 AMQ 51304 b
23834	23834
23835	23835
23836	23836	SB0280- 668 -LRB103 24970 AMQ 51304 b SB0280 - 668 - LRB103 24970 AMQ 51304 b
23837	23837	SB0280 - 668 - LRB103 24970 AMQ 51304 b
23838	23838	1 to supply major components or parts to video gaming terminals
23839	23839	2 to licensed terminal operators.
23840	23840	3 "Net terminal income" means money put into a video gaming
23841	23841	4 terminal minus credits paid out to players.
23842	23842	5 "Video gaming terminal" means any electronic video game
23843	23843	6 machine that, upon insertion of cash, electronic cards or
23844	23844	7 vouchers, or any combination thereof, is available to play or
23845	23845	8 simulate the play of a video game, including but not limited to
23846	23846	9 video poker, line up, and blackjack, as authorized by the
23847	23847	10 Division Board utilizing a video display and microprocessors
23848	23848	11 in which the player may receive free games or credits that can
23849	23849	12 be redeemed for cash. The term does not include a machine that
23850	23850	13 directly dispenses coins, cash, or tokens or is for amusement
23851	23851	14 purposes only.
23852	23852	15 "Licensed establishment" means any licensed retail
23853	23853	16 establishment where alcoholic liquor is drawn, poured, mixed,
23854	23854	17 or otherwise served for consumption on the premises, whether
23855	23855	18 the establishment operates on a nonprofit or for-profit basis.
23856	23856	19 "Licensed establishment" includes any such establishment that
23857	23857	20 has a contractual relationship with an inter-track wagering
23858	23858	21 location licensee licensed under the Illinois Horse Racing Act
23859	23859	22 of 1975, provided any contractual relationship shall not
23860	23860	23 include any transfer or offer of revenue from the operation of
23861	23861	24 video gaming under this Act to any licensee licensed under the
23862	23862	25 Illinois Horse Racing Act of 1975. Provided, however, that the
23863	23863	26 licensed establishment that has such a contractual
23864	23864
23865	23865
23866	23866
23867	23867
23868	23868
23869	23869	SB0280 - 668 - LRB103 24970 AMQ 51304 b
23870	23870
23871	23871
23872	23872	SB0280- 669 -LRB103 24970 AMQ 51304 b SB0280 - 669 - LRB103 24970 AMQ 51304 b
23873	23873	SB0280 - 669 - LRB103 24970 AMQ 51304 b
23874	23874	1 relationship with an inter-track wagering location licensee
23875	23875	2 may not, itself, be (i) an inter-track wagering location
23876	23876	3 licensee, (ii) the corporate parent or subsidiary of any
23877	23877	4 licensee licensed under the Illinois Horse Racing Act of 1975,
23878	23878	5 or (iii) the corporate subsidiary of a corporation that is
23879	23879	6 also the corporate parent or subsidiary of any licensee
23880	23880	7 licensed under the Illinois Horse Racing Act of 1975.
23881	23881	8 "Licensed establishment" does not include a facility operated
23882	23882	9 by an organization licensee, an inter-track wagering licensee,
23883	23883	10 or an inter-track wagering location licensee licensed under
23884	23884	11 the Illinois Horse Racing Act of 1975 or a riverboat licensed
23885	23885	12 under the Illinois Gambling Act, except as provided in this
23886	23886	13 paragraph. The changes made to this definition by Public Act
23887	23887	14 98-587 are declarative of existing law.
23888	23888	15 "Licensed fraternal establishment" means the location
23889	23889	16 where a qualified fraternal organization that derives its
23890	23890	17 charter from a national fraternal organization regularly
23891	23891	18 meets.
23892	23892	19 "Licensed veterans establishment" means the location where
23893	23893	20 a qualified veterans organization that derives its charter
23894	23894	21 from a national veterans organization regularly meets.
23895	23895	22 "Licensed truck stop establishment" means a facility (i)
23896	23896	23 that is at least a 3-acre facility with a convenience store,
23897	23897	24 (ii) with separate diesel islands for fueling commercial motor
23898	23898	25 vehicles, (iii) that sells at retail more than 10,000 gallons
23899	23899	26 of diesel or biodiesel fuel per month, and (iv) with parking
23900	23900
23901	23901
23902	23902
23903	23903
23904	23904
23905	23905	SB0280 - 669 - LRB103 24970 AMQ 51304 b
23906	23906
23907	23907
23908	23908	SB0280- 670 -LRB103 24970 AMQ 51304 b SB0280 - 670 - LRB103 24970 AMQ 51304 b
23909	23909	SB0280 - 670 - LRB103 24970 AMQ 51304 b
23910	23910	1 spaces for commercial motor vehicles. "Commercial motor
23911	23911	2 vehicles" has the same meaning as defined in Section 18b-101
23912	23912	3 of the Illinois Vehicle Code. The requirement of item (iii) of
23913	23913	4 this paragraph may be met by showing that estimated future
23914	23914	5 sales or past sales average at least 10,000 gallons per month.
23915	23915	6 "Licensed large truck stop establishment" means a facility
23916	23916	7 located within 3 road miles from a freeway interchange, as
23917	23917	8 measured in accordance with the Department of Transportation's
23918	23918	9 rules regarding the criteria for the installation of business
23919	23919	10 signs: (i) that is at least a 3-acre facility with a
23920	23920	11 convenience store, (ii) with separate diesel islands for
23921	23921	12 fueling commercial motor vehicles, (iii) that sells at retail
23922	23922	13 more than 50,000 gallons of diesel or biodiesel fuel per
23923	23923	14 month, and (iv) with parking spaces for commercial motor
23924	23924	15 vehicles. "Commercial motor vehicles" has the same meaning as
23925	23925	16 defined in Section 18b-101 of the Illinois Vehicle Code. The
23926	23926	17 requirement of item (iii) of this paragraph may be met by
23927	23927	18 showing that estimated future sales or past sales average at
23928	23928	19 least 50,000 gallons per month.
23929	23929	20 "Sales agent and broker" means an individual, partnership,
23930	23930	21 corporation, limited liability company, or other business
23931	23931	22 entity engaged in the solicitation or receipt of business from
23932	23932	23 current or potential licensed establishments, licensed
23933	23933	24 fraternal establishments, licensed veterans establishments,
23934	23934	25 licensed truck stop establishments, or licensed large truck
23935	23935	26 stop establishments either on an employment or contractual
23936	23936
23937	23937
23938	23938
23939	23939
23940	23940
23941	23941	SB0280 - 670 - LRB103 24970 AMQ 51304 b
23942	23942
23943	23943
23944	23944	SB0280- 671 -LRB103 24970 AMQ 51304 b SB0280 - 671 - LRB103 24970 AMQ 51304 b
23945	23945	SB0280 - 671 - LRB103 24970 AMQ 51304 b
23946	23946	1 basis.
23947	23947	2 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
23948	23948	3 (230 ILCS 40/15)
23949	23949	4 Sec. 15. Minimum requirements for licensing and
23950	23950	5 registration. Every video gaming terminal offered for play
23951	23951	6 shall first be tested and approved pursuant to the rules of the
23952	23952	7 Division Board, and each video gaming terminal offered in this
23953	23953	8 State for play shall conform to an approved model. For the
23954	23954	9 examination of video gaming machines and associated equipment
23955	23955	10 as required by this Section, the Division Board shall utilize
23956	23956	11 the services of independent outside testing laboratories that
23957	23957	12 have been accredited in accordance with ISO/IEC 17025 by an
23958	23958	13 accreditation body that is a signatory to the International
23959	23959	14 Laboratory Accreditation Cooperation Mutual Recognition
23960	23960	15 Agreement signifying they are qualified to perform such
23961	23961	16 examinations. Notwithstanding any law to the contrary, the
23962	23962	17 Division Board shall consider the licensing of independent
23963	23963	18 outside testing laboratory applicants in accordance with
23964	23964	19 procedures established by the Division Board by rule. The
23965	23965	20 Board shall not withhold its approval of an independent
23966	23966	21 outside testing laboratory license applicant that has been
23967	23967	22 accredited as required by this Section and is licensed in
23968	23968	23 gaming jurisdictions comparable to Illinois. Upon the
23969	23969	24 finalization of required rules, the Division Board shall
23970	23970	25 license independent testing laboratories and accept the test
23971	23971
23972	23972
23973	23973
23974	23974
23975	23975
23976	23976	SB0280 - 671 - LRB103 24970 AMQ 51304 b
23977	23977
23978	23978
23979	23979	SB0280- 672 -LRB103 24970 AMQ 51304 b SB0280 - 672 - LRB103 24970 AMQ 51304 b
23980	23980	SB0280 - 672 - LRB103 24970 AMQ 51304 b
23981	23981	1 reports of any licensed testing laboratory of the video gaming
23982	23982	2 machine's or associated equipment manufacturer's choice,
23983	23983	3 notwithstanding the existence of contracts between the
23984	23984	4 Division Board and any independent testing laboratory. Every
23985	23985	5 video gaming terminal offered in this State for play must meet
23986	23986	6 minimum standards approved by the Division Board. Each
23987	23987	7 approved model shall, at a minimum, meet the following
23988	23988	8 criteria:
23989	23989	9 (1) It must conform to all requirements of federal law
23990	23990	10 and regulations, including FCC Class A Emissions
23991	23991	11 Standards.
23992	23992	12 (2) It must theoretically pay out a mathematically
23993	23993	13 demonstrable percentage during the expected lifetime of
23994	23994	14 the machine of all amounts played, which must not be less
23995	23995	15 than 80%. The Division Board shall establish a maximum
23996	23996	16 payout percentage for approved models by rule. Video
23997	23997	17 gaming terminals that may be affected by skill must meet
23998	23998	18 this standard when using a method of play that will
23999	23999	19 provide the greatest return to the player over a period of
24000	24000	20 continuous play.
24001	24001	21 (3) It must use a random selection process to
24002	24002	22 determine the outcome of each play of a game. The random
24003	24003	23 selection process must meet 99% confidence limits using a
24004	24004	24 standard chi-squared test for (randomness) goodness of
24005	24005	25 fit.
24006	24006	26 (4) It must display an accurate representation of the
24007	24007
24008	24008
24009	24009
24010	24010
24011	24011
24012	24012	SB0280 - 672 - LRB103 24970 AMQ 51304 b
24013	24013
24014	24014
24015	24015	SB0280- 673 -LRB103 24970 AMQ 51304 b SB0280 - 673 - LRB103 24970 AMQ 51304 b
24016	24016	SB0280 - 673 - LRB103 24970 AMQ 51304 b
24017	24017	1 game outcome.
24018	24018	2 (5) It must not automatically alter pay tables or any
24019	24019	3 function of the video gaming terminal based on internal
24020	24020	4 computation of hold percentage or have any means of
24021	24021	5 manipulation that affects the random selection process or
24022	24022	6 probabilities of winning a game.
24023	24023	7 (6) It must not be adversely affected by static
24024	24024	8 discharge or other electromagnetic interference.
24025	24025	9 (7) It must be capable of detecting and displaying the
24026	24026	10 following conditions during idle states or on demand:
24027	24027	11 power reset; door open; and door just closed.
24028	24028	12 (8) It must have the capacity to display complete play
24029	24029	13 history (outcome, intermediate play steps, credits
24030	24030	14 available, bets placed, credits paid, and credits cashed
24031	24031	15 out) for the most recent game played and 10 games prior
24032	24032	16 thereto.
24033	24033	17 (9) The theoretical payback percentage of a video
24034	24034	18 gaming terminal must not be capable of being changed
24035	24035	19 without making a hardware or software change in the video
24036	24036	20 gaming terminal, either on site or via the central
24037	24037	21 communications system.
24038	24038	22 (10) Video gaming terminals must be designed so that
24039	24039	23 replacement of parts or modules required for normal
24040	24040	24 maintenance does not necessitate replacement of the
24041	24041	25 electromechanical meters.
24042	24042	26 (11) It must have nonresettable meters housed in a
24043	24043
24044	24044
24045	24045
24046	24046
24047	24047
24048	24048	SB0280 - 673 - LRB103 24970 AMQ 51304 b
24049	24049
24050	24050
24051	24051	SB0280- 674 -LRB103 24970 AMQ 51304 b SB0280 - 674 - LRB103 24970 AMQ 51304 b
24052	24052	SB0280 - 674 - LRB103 24970 AMQ 51304 b
24053	24053	1 locked area of the terminal that keep a permanent record
24054	24054	2 of all cash inserted into the machine, all winnings made
24055	24055	3 by the terminal printer, credits played in for video
24056	24056	4 gaming terminals, and credits won by video gaming players.
24057	24057	5 The video gaming terminal must provide the means for
24058	24058	6 on-demand display of stored information as determined by
24059	24059	7 the Division Board.
24060	24060	8 (12) Electronically stored meter information required
24061	24061	9 by this Section must be preserved for a minimum of 180 days
24062	24062	10 after a power loss to the service.
24063	24063	11 (13) It must have one or more mechanisms that accept
24064	24064	12 cash in the form of bills. The mechanisms shall be
24065	24065	13 designed to prevent obtaining credits without paying by
24066	24066	14 stringing, slamming, drilling, or other means. If such
24067	24067	15 attempts at physical tampering are made, the video gaming
24068	24068	16 terminal shall suspend itself from operating until reset.
24069	24069	17 (14) It shall have accounting software that keeps an
24070	24070	18 electronic record which includes, but is not limited to,
24071	24071	19 the following: total cash inserted into the video gaming
24072	24072	20 terminal; the value of winning tickets claimed by players;
24073	24073	21 the total credits played; the total credits awarded by a
24074	24074	22 video gaming terminal; and pay back percentage credited to
24075	24075	23 players of each video game.
24076	24076	24 (15) It shall be linked by a central communications
24077	24077	25 system to provide auditing program information as approved
24078	24078	26 by the Division Board. The central communications system
24079	24079
24080	24080
24081	24081
24082	24082
24083	24083
24084	24084	SB0280 - 674 - LRB103 24970 AMQ 51304 b
24085	24085
24086	24086
24087	24087	SB0280- 675 -LRB103 24970 AMQ 51304 b SB0280 - 675 - LRB103 24970 AMQ 51304 b
24088	24088	SB0280 - 675 - LRB103 24970 AMQ 51304 b
24089	24089	1 shall use a standard industry protocol, as defined by the
24090	24090	2 Gaming Standards Association, and shall have the
24091	24091	3 functionality to enable the Division Board or its designee
24092	24092	4 to activate or deactivate individual gaming devices from
24093	24093	5 the central communications system. In no event may the
24094	24094	6 communications system approved by the Division Board limit
24095	24095	7 participation to only one manufacturer of video gaming
24096	24096	8 terminals by either the cost in implementing the necessary
24097	24097	9 program modifications to communicate or the inability to
24098	24098	10 communicate with the central communications system.
24099	24099	11 (16) The Division Board, in its discretion, may
24100	24100	12 require video gaming terminals to display Amber Alert
24101	24101	13 messages if the Division Board makes a finding that it
24102	24102	14 would be economically and technically feasible and pose no
24103	24103	15 risk to the integrity and security of the central
24104	24104	16 communications system and video gaming terminals.
24105	24105	17 Licensed terminal handlers shall have access to video
24106	24106	18 gaming terminals, including, but not limited to, logic door
24107	24107	19 access, without the physical presence or supervision of the
24108	24108	20 Division Board or its agent to perform, in coordination with
24109	24109	21 and with project approval from the central communication
24110	24110	22 system provider:
24111	24111	23 (i) the clearing of the random access memory and
24112	24112	24 reprogramming of the video gaming terminal;
24113	24113	25 (ii) the installation of new video gaming terminal
24114	24114	26 software and software upgrades that have been approved by
24115	24115
24116	24116
24117	24117
24118	24118
24119	24119
24120	24120	SB0280 - 675 - LRB103 24970 AMQ 51304 b
24121	24121
24122	24122
24123	24123	SB0280- 676 -LRB103 24970 AMQ 51304 b SB0280 - 676 - LRB103 24970 AMQ 51304 b
24124	24124	SB0280 - 676 - LRB103 24970 AMQ 51304 b
24125	24125	1 the Division Board;
24126	24126	2 (iii) the placement, connection to the central
24127	24127	3 communication system, and go-live operation of video
24128	24128	4 gaming terminals at a licensed establishment, licensed
24129	24129	5 truck stop establishment, licensed large truck stop
24130	24130	6 establishment, licensed fraternal establishment, or
24131	24131	7 licensed veterans establishment;
24132	24132	8 (iv) the repair and maintenance of a video gaming
24133	24133	9 terminal located at a licensed establishment, licensed
24134	24134	10 truck stop establishment, licensed large truck stop
24135	24135	11 establishment, licensed fraternal establishment, or
24136	24136	12 licensed veterans establishment, including, but not
24137	24137	13 limited to, the replacement of the video gaming terminal
24138	24138	14 with a new video gaming terminal;
24139	24139	15 (v) the temporary movement, disconnection,
24140	24140	16 replacement, and reconnection of video gaming terminals to
24141	24141	17 allow for physical improvements and repairs at a licensed
24142	24142	18 establishment, licensed truck stop establishment, licensed
24143	24143	19 large truck stop establishment, licensed fraternal
24144	24144	20 establishment, or licensed veterans establishment, such as
24145	24145	21 replacement of flooring, interior repairs, and other
24146	24146	22 similar activities; and
24147	24147	23 (vi) such other functions as the Division Board may
24148	24148	24 otherwise authorize.
24149	24149	25 The Division Board shall, at a licensed terminal
24150	24150	26 operator's expense, cause all keys and other required devices
24151	24151
24152	24152
24153	24153
24154	24154
24155	24155
24156	24156	SB0280 - 676 - LRB103 24970 AMQ 51304 b
24157	24157
24158	24158
24159	24159	SB0280- 677 -LRB103 24970 AMQ 51304 b SB0280 - 677 - LRB103 24970 AMQ 51304 b
24160	24160	SB0280 - 677 - LRB103 24970 AMQ 51304 b
24161	24161	1 to be provided to a terminal operator necessary to allow the
24162	24162	2 licensed terminal handler access to the logic door to the
24163	24163	3 terminal operator's video gaming terminals.
24164	24164	4 The Division Board may adopt rules to establish additional
24165	24165	5 criteria to preserve the integrity and security of video
24166	24166	6 gaming in this State. The central communications system vendor
24167	24167	7 may be licensed as a video gaming terminal manufacturer or a
24168	24168	8 video gaming terminal distributor, or both, but in no event
24169	24169	9 shall the central communications system vendor be licensed as
24170	24170	10 a video gaming terminal operator.
24171	24171	11 The Division Board shall not permit the development of
24172	24172	12 information or the use by any licensee of gaming device or
24173	24173	13 individual game performance data. Nothing in this Act shall
24174	24174	14 inhibit or prohibit the Division Board from the use of gaming
24175	24175	15 device or individual game performance data in its regulatory
24176	24176	16 duties. The Division Board shall adopt rules to ensure that
24177	24177	17 all licensees are treated and all licensees act in a
24178	24178	18 non-discriminatory manner and develop processes and penalties
24179	24179	19 to enforce those rules.
24180	24180	20 (Source: P.A. 101-31, eff. 6-28-19.)
24181	24181	21 (230 ILCS 40/20)
24182	24182	22 Sec. 20. Video gaming terminal payouts.
24183	24183	23 (a) A video gaming terminal may not directly dispense
24184	24184	24 coins, cash, tokens, or any other article of exchange or value
24185	24185	25 except for receipt tickets. Tickets shall be dispensed by
24186	24186
24187	24187
24188	24188
24189	24189
24190	24190
24191	24191	SB0280 - 677 - LRB103 24970 AMQ 51304 b
24192	24192
24193	24193
24194	24194	SB0280- 678 -LRB103 24970 AMQ 51304 b SB0280 - 678 - LRB103 24970 AMQ 51304 b
24195	24195	SB0280 - 678 - LRB103 24970 AMQ 51304 b
24196	24196	1 pressing the ticket dispensing button on the video gaming
24197	24197	2 terminal at the end of one's turn or play. The ticket shall
24198	24198	3 indicate the total amount of credits and the cash award, the
24199	24199	4 time of day in a 24-hour format showing hours and minutes, the
24200	24200	5 date, the terminal serial number, the sequential number of the
24201	24201	6 ticket, and an encrypted validation number from which the
24202	24202	7 validity of the prize may be determined. The player shall turn
24203	24203	8 in this ticket to the appropriate person at the licensed
24204	24204	9 establishment, licensed truck stop establishment, licensed
24205	24205	10 large truck stop establishment, licensed fraternal
24206	24206	11 establishment, or licensed veterans establishment to receive
24207	24207	12 the cash award.
24208	24208	13 (b) The cost of the credit shall be one cent, 5 cents, 10
24209	24209	14 cents, 25 cents, or $1, and the maximum wager played per hand
24210	24210	15 shall not exceed $4. No cash award for the maximum wager on any
24211	24211	16 individual hand shall exceed $1,199. No cash award for the
24212	24212	17 maximum wager on a jackpot, progressive or otherwise, shall
24213	24213	18 exceed $10,000.
24214	24214	19 (c) In-location bonus jackpot games are hereby authorized.
24215	24215	20 The Board shall adopt emergency rules pursuant to Section 5-45
24216	24216	21 of the Illinois Administrative Procedure Act to implement this
24217	24217	22 subsection (c) within 90 days after the effective date of this
24218	24218	23 amendatory Act of the 101st General Assembly. Jackpot winnings
24219	24219	24 from in-location progressive games shall be paid by the
24220	24220	25 terminal operator to the player not later than 3 days after
24221	24221	26 winning such a jackpot.
24222	24222
24223	24223
24224	24224
24225	24225
24226	24226
24227	24227	SB0280 - 678 - LRB103 24970 AMQ 51304 b
24228	24228
24229	24229
24230	24230	SB0280- 679 -LRB103 24970 AMQ 51304 b SB0280 - 679 - LRB103 24970 AMQ 51304 b
24231	24231	SB0280 - 679 - LRB103 24970 AMQ 51304 b
24232	24232	1 (Source: P.A. 101-31, eff. 6-28-19.)
24233	24233	2 (230 ILCS 40/25)
24234	24234	3 Sec. 25. Restriction of licensees.
24235	24235	4 (a) Manufacturer. A person may not be licensed as a
24236	24236	5 manufacturer of a video gaming terminal in Illinois unless the
24237	24237	6 person has a valid manufacturer's license issued under this
24238	24238	7 Act. A manufacturer may only sell video gaming terminals for
24239	24239	8 use in Illinois to persons having a valid distributor's
24240	24240	9 license.
24241	24241	10 (b) Distributor. A person may not sell, distribute, or
24242	24242	11 lease or market a video gaming terminal in Illinois unless the
24243	24243	12 person has a valid distributor's license issued under this
24244	24244	13 Act. A distributor may only sell video gaming terminals for
24245	24245	14 use in Illinois to persons having a valid distributor's or
24246	24246	15 terminal operator's license.
24247	24247	16 (c) Terminal operator. A person may not own, maintain, or
24248	24248	17 place a video gaming terminal unless he has a valid terminal
24249	24249	18 operator's license issued under this Act. A terminal operator
24250	24250	19 may only place video gaming terminals for use in Illinois in
24251	24251	20 licensed establishments, licensed truck stop establishments,
24252	24252	21 licensed large truck stop establishments, licensed fraternal
24253	24253	22 establishments, and licensed veterans establishments. No
24254	24254	23 terminal operator may give anything of value, including but
24255	24255	24 not limited to a loan or financing arrangement, to a licensed
24256	24256	25 establishment, licensed truck stop establishment, licensed
24257	24257
24258	24258
24259	24259
24260	24260
24261	24261
24262	24262	SB0280 - 679 - LRB103 24970 AMQ 51304 b
24263	24263
24264	24264
24265	24265	SB0280- 680 -LRB103 24970 AMQ 51304 b SB0280 - 680 - LRB103 24970 AMQ 51304 b
24266	24266	SB0280 - 680 - LRB103 24970 AMQ 51304 b
24267	24267	1 large truck stop establishment, licensed fraternal
24268	24268	2 establishment, or licensed veterans establishment as any
24269	24269	3 incentive or inducement to locate video terminals in that
24270	24270	4 establishment. Of the after-tax profits from a video gaming
24271	24271	5 terminal, 50% shall be paid to the terminal operator and 50%
24272	24272	6 shall be paid to the licensed establishment, licensed truck
24273	24273	7 stop establishment, licensed large truck stop establishment,
24274	24274	8 licensed fraternal establishment, or licensed veterans
24275	24275	9 establishment, notwithstanding any agreement to the contrary.
24276	24276	10 A video terminal operator that violates one or more
24277	24277	11 requirements of this subsection is guilty of a Class 4 felony
24278	24278	12 and is subject to termination of his or her license by the
24279	24279	13 Division Board.
24280	24280	14 (d) Licensed technician. A person may not service,
24281	24281	15 maintain, or repair a video gaming terminal in this State
24282	24282	16 unless he or she (1) has a valid technician's license issued
24283	24283	17 under this Act, (2) is a terminal operator, or (3) is employed
24284	24284	18 by a terminal operator, distributor, or manufacturer.
24285	24285	19 (d-5) Licensed terminal handler. No person, including, but
24286	24286	20 not limited to, an employee or independent contractor working
24287	24287	21 for a manufacturer, distributor, supplier, technician, or
24288	24288	22 terminal operator licensed pursuant to this Act, shall have
24289	24289	23 possession or control of a video gaming terminal, or access to
24290	24290	24 the inner workings of a video gaming terminal, unless that
24291	24291	25 person possesses a valid terminal handler's license issued
24292	24292	26 under this Act.
24293	24293
24294	24294
24295	24295
24296	24296
24297	24297
24298	24298	SB0280 - 680 - LRB103 24970 AMQ 51304 b
24299	24299
24300	24300
24301	24301	SB0280- 681 -LRB103 24970 AMQ 51304 b SB0280 - 681 - LRB103 24970 AMQ 51304 b
24302	24302	SB0280 - 681 - LRB103 24970 AMQ 51304 b
24303	24303	1 (d-10) Solicitation of use agreements. A person may not
24304	24304	2 solicit the signing of a use agreement on behalf of a terminal
24305	24305	3 operator or enter into a use agreement as agent of a terminal
24306	24306	4 operator unless that person either has a valid sales agent and
24307	24307	5 broker license issued under this Act or owns, manages, or
24308	24308	6 significantly influences or controls the terminal operator.
24309	24309	7 (e) Licensed establishment. No video gaming terminal may
24310	24310	8 be placed in any licensed establishment, licensed veterans
24311	24311	9 establishment, licensed truck stop establishment, licensed
24312	24312	10 large truck stop establishment, or licensed fraternal
24313	24313	11 establishment unless the owner or agent of the owner of the
24314	24314	12 licensed establishment, licensed veterans establishment,
24315	24315	13 licensed truck stop establishment, licensed large truck stop
24316	24316	14 establishment, or licensed fraternal establishment has entered
24317	24317	15 into a written use agreement with the terminal operator for
24318	24318	16 placement of the terminals. A copy of the use agreement shall
24319	24319	17 be on file in the terminal operator's place of business and
24320	24320	18 available for inspection by individuals authorized by the
24321	24321	19 Division Board. A licensed establishment, licensed truck stop
24322	24322	20 establishment, licensed veterans establishment, or licensed
24323	24323	21 fraternal establishment may operate up to 6 video gaming
24324	24324	22 terminals on its premises at any time. A licensed large truck
24325	24325	23 stop establishment may operate up to 10 video gaming terminals
24326	24326	24 on its premises at any time.
24327	24327	25 (f) (Blank).
24328	24328	26 (g) Financial interest restrictions. As used in this Act,
24329	24329
24330	24330
24331	24331
24332	24332
24333	24333
24334	24334	SB0280 - 681 - LRB103 24970 AMQ 51304 b
24335	24335
24336	24336
24337	24337	SB0280- 682 -LRB103 24970 AMQ 51304 b SB0280 - 682 - LRB103 24970 AMQ 51304 b
24338	24338	SB0280 - 682 - LRB103 24970 AMQ 51304 b
24339	24339	1 "substantial interest" in a partnership, a corporation, an
24340	24340	2 organization, an association, a business, or a limited
24341	24341	3 liability company means:
24342	24342	4 (A) When, with respect to a sole proprietorship, an
24343	24343	5 individual or his or her spouse owns, operates, manages,
24344	24344	6 or conducts, directly or indirectly, the organization,
24345	24345	7 association, or business, or any part thereof; or
24346	24346	8 (B) When, with respect to a partnership, the
24347	24347	9 individual or his or her spouse shares in any of the
24348	24348	10 profits, or potential profits, of the partnership
24349	24349	11 activities; or
24350	24350	12 (C) When, with respect to a corporation, an individual
24351	24351	13 or his or her spouse is an officer or director, or the
24352	24352	14 individual or his or her spouse is a holder, directly or
24353	24353	15 beneficially, of 5% or more of any class of stock of the
24354	24354	16 corporation; or
24355	24355	17 (D) When, with respect to an organization not covered
24356	24356	18 in (A), (B) or (C) above, an individual or his or her
24357	24357	19 spouse is an officer or manages the business affairs, or
24358	24358	20 the individual or his or her spouse is the owner of or
24359	24359	21 otherwise controls 10% or more of the assets of the
24360	24360	22 organization; or
24361	24361	23 (E) When an individual or his or her spouse furnishes
24362	24362	24 5% or more of the capital, whether in cash, goods, or
24363	24363	25 services, for the operation of any business, association,
24364	24364	26 or organization during any calendar year; or
24365	24365
24366	24366
24367	24367
24368	24368
24369	24369
24370	24370	SB0280 - 682 - LRB103 24970 AMQ 51304 b
24371	24371
24372	24372
24373	24373	SB0280- 683 -LRB103 24970 AMQ 51304 b SB0280 - 683 - LRB103 24970 AMQ 51304 b
24374	24374	SB0280 - 683 - LRB103 24970 AMQ 51304 b
24375	24375	1 (F) When, with respect to a limited liability company,
24376	24376	2 an individual or his or her spouse is a member, or the
24377	24377	3 individual or his or her spouse is a holder, directly or
24378	24378	4 beneficially, of 5% or more of the membership interest of
24379	24379	5 the limited liability company.
24380	24380	6 For purposes of this subsection (g), "individual" includes
24381	24381	7 all individuals or their spouses whose combined interest would
24382	24382	8 qualify as a substantial interest under this subsection (g)
24383	24383	9 and whose activities with respect to an organization,
24384	24384	10 association, or business are so closely aligned or coordinated
24385	24385	11 as to constitute the activities of a single entity.
24386	24386	12 (h) Location restriction. A licensed establishment,
24387	24387	13 licensed truck stop establishment, licensed large truck stop
24388	24388	14 establishment, licensed fraternal establishment, or licensed
24389	24389	15 veterans establishment that is (i) located within 1,000 feet
24390	24390	16 of a facility operated by an organization licensee licensed
24391	24391	17 under the Illinois Horse Racing Act of 1975 or the home dock of
24392	24392	18 a riverboat licensed under the Illinois Gambling Act or (ii)
24393	24393	19 located within 100 feet of a school or a place of worship under
24394	24394	20 the Religious Corporation Act, is ineligible to operate a
24395	24395	21 video gaming terminal. The location restrictions in this
24396	24396	22 subsection (h) do not apply if (A) a facility operated by an
24397	24397	23 organization licensee, a school, or a place of worship moves
24398	24398	24 to or is established within the restricted area after a
24399	24399	25 licensed establishment, licensed truck stop establishment,
24400	24400	26 licensed large truck stop establishment, licensed fraternal
24401	24401
24402	24402
24403	24403
24404	24404
24405	24405
24406	24406	SB0280 - 683 - LRB103 24970 AMQ 51304 b
24407	24407
24408	24408
24409	24409	SB0280- 684 -LRB103 24970 AMQ 51304 b SB0280 - 684 - LRB103 24970 AMQ 51304 b
24410	24410	SB0280 - 684 - LRB103 24970 AMQ 51304 b
24411	24411	1 establishment, or licensed veterans establishment becomes
24412	24412	2 licensed under this Act or (B) a school or place of worship
24413	24413	3 moves to or is established within the restricted area after a
24414	24414	4 licensed establishment, licensed truck stop establishment,
24415	24415	5 licensed large truck stop establishment, licensed fraternal
24416	24416	6 establishment, or licensed veterans establishment obtains its
24417	24417	7 original liquor license. For the purpose of this subsection,
24418	24418	8 "school" means an elementary or secondary public school, or an
24419	24419	9 elementary or secondary private school registered with or
24420	24420	10 recognized by the State Board of Education.
24421	24421	11 Notwithstanding the provisions of this subsection (h), the
24422	24422	12 Division Board may waive the requirement that a licensed
24423	24423	13 establishment, licensed truck stop establishment, licensed
24424	24424	14 large truck stop establishment, licensed fraternal
24425	24425	15 establishment, or licensed veterans establishment not be
24426	24426	16 located within 1,000 feet from a facility operated by an
24427	24427	17 organization licensee licensed under the Illinois Horse Racing
24428	24428	18 Act of 1975 or the home dock of a riverboat licensed under the
24429	24429	19 Illinois Gambling Act. The Division Board shall not grant such
24430	24430	20 waiver if there is any common ownership or control, shared
24431	24431	21 business activity, or contractual arrangement of any type
24432	24432	22 between the establishment and the organization licensee or
24433	24433	23 owners licensee of a riverboat. The Division Board shall adopt
24434	24434	24 rules to implement the provisions of this paragraph.
24435	24435	25 (h-5) Restrictions on licenses in malls. The Division
24436	24436	26 Board shall not grant an application to become a licensed
24437	24437
24438	24438
24439	24439
24440	24440
24441	24441
24442	24442	SB0280 - 684 - LRB103 24970 AMQ 51304 b
24443	24443
24444	24444
24445	24445	SB0280- 685 -LRB103 24970 AMQ 51304 b SB0280 - 685 - LRB103 24970 AMQ 51304 b
24446	24446	SB0280 - 685 - LRB103 24970 AMQ 51304 b
24447	24447	1 video gaming location if the Division Board determines that
24448	24448	2 granting the application would more likely than not cause a
24449	24449	3 terminal operator, individually or in combination with other
24450	24450	4 terminal operators, licensed video gaming location, or other
24451	24451	5 person or entity, to operate the video gaming terminals in 2 or
24452	24452	6 more licensed video gaming locations as a single video gaming
24453	24453	7 operation.
24454	24454	8 (1) In making determinations under this subsection
24455	24455	9 (h-5), factors to be considered by the Division Board
24456	24456	10 shall include, but not be limited to, the following:
24457	24457	11 (A) the physical aspects of the location;
24458	24458	12 (B) the ownership, control, or management of the
24459	24459	13 location;
24460	24460	14 (C) any arrangements, understandings, or
24461	24461	15 agreements, written or otherwise, among or involving
24462	24462	16 any persons or entities that involve the conducting of
24463	24463	17 any video gaming business or the sharing of costs or
24464	24464	18 revenues; and
24465	24465	19 (D) the manner in which any terminal operator or
24466	24466	20 other related entity markets, advertises, or otherwise
24467	24467	21 describes any location or locations to any other
24468	24468	22 person or entity or to the public.
24469	24469	23 (2) The Division Board shall presume, subject to
24470	24470	24 rebuttal, that the granting of an application to become a
24471	24471	25 licensed video gaming location within a mall will cause a
24472	24472	26 terminal operator, individually or in combination with
24473	24473
24474	24474
24475	24475
24476	24476
24477	24477
24478	24478	SB0280 - 685 - LRB103 24970 AMQ 51304 b
24479	24479
24480	24480
24481	24481	SB0280- 686 -LRB103 24970 AMQ 51304 b SB0280 - 686 - LRB103 24970 AMQ 51304 b
24482	24482	SB0280 - 686 - LRB103 24970 AMQ 51304 b
24483	24483	1 other persons or entities, to operate the video gaming
24484	24484	2 terminals in 2 or more licensed video gaming locations as
24485	24485	3 a single video gaming operation if the Division Board
24486	24486	4 determines that granting the license would create a local
24487	24487	5 concentration of licensed video gaming locations.
24488	24488	6 For the purposes of this subsection (h-5):
24489	24489	7 "Mall" means a building, or adjoining or connected
24490	24490	8 buildings, containing 4 or more separate locations.
24491	24491	9 "Video gaming operation" means the conducting of video
24492	24492	10 gaming and all related activities.
24493	24493	11 "Location" means a space within a mall containing a
24494	24494	12 separate business, a place for a separate business, or a place
24495	24495	13 subject to a separate leasing arrangement by the mall owner.
24496	24496	14 "Licensed video gaming location" means a licensed
24497	24497	15 establishment, licensed fraternal establishment, licensed
24498	24498	16 veterans establishment, licensed truck stop establishment, or
24499	24499	17 licensed large truck stop.
24500	24500	18 "Local concentration of licensed video gaming locations"
24501	24501	19 means that the combined number of licensed video gaming
24502	24502	20 locations within a mall exceed half of the separate locations
24503	24503	21 within the mall.
24504	24504	22 (i) Undue economic concentration. In addition to
24505	24505	23 considering all other requirements under this Act, in deciding
24506	24506	24 whether to approve the operation of video gaming terminals by
24507	24507	25 a terminal operator in a location, the Division Board shall
24508	24508	26 consider the impact of any economic concentration of such
24509	24509
24510	24510
24511	24511
24512	24512
24513	24513
24514	24514	SB0280 - 686 - LRB103 24970 AMQ 51304 b
24515	24515
24516	24516
24517	24517	SB0280- 687 -LRB103 24970 AMQ 51304 b SB0280 - 687 - LRB103 24970 AMQ 51304 b
24518	24518	SB0280 - 687 - LRB103 24970 AMQ 51304 b
24519	24519	1 operation of video gaming terminals. The Division Board shall
24520	24520	2 not allow a terminal operator to operate video gaming
24521	24521	3 terminals if the Division Board determines such operation will
24522	24522	4 result in undue economic concentration. For purposes of this
24523	24523	5 Section, "undue economic concentration" means that a terminal
24524	24524	6 operator would have such actual or potential influence over
24525	24525	7 video gaming terminals in Illinois as to:
24526	24526	8 (1) substantially impede or suppress competition among
24527	24527	9 terminal operators;
24528	24528	10 (2) adversely impact the economic stability of the
24529	24529	11 video gaming industry in Illinois; or
24530	24530	12 (3) negatively impact the purposes of the Video Gaming
24531	24531	13 Act.
24532	24532	14 The Division Board shall adopt rules concerning undue
24533	24533	15 economic concentration with respect to the operation of video
24534	24534	16 gaming terminals in Illinois. The rules shall include, but not
24535	24535	17 be limited to, (i) limitations on the number of video gaming
24536	24536	18 terminals operated by any terminal operator within a defined
24537	24537	19 geographic radius and (ii) guidelines on the discontinuation
24538	24538	20 of operation of any such video gaming terminals the Division
24539	24539	21 Board determines will cause undue economic concentration.
24540	24540	22 (j) The provisions of the Illinois Antitrust Act are fully
24541	24541	23 and equally applicable to the activities of any licensee under
24542	24542	24 this Act.
24543	24543	25 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
24544	24544
24545	24545
24546	24546
24547	24547
24548	24548
24549	24549	SB0280 - 687 - LRB103 24970 AMQ 51304 b
24550	24550
24551	24551
24552	24552	SB0280- 688 -LRB103 24970 AMQ 51304 b SB0280 - 688 - LRB103 24970 AMQ 51304 b
24553	24553	SB0280 - 688 - LRB103 24970 AMQ 51304 b
24554	24554	1 (230 ILCS 40/26)
24555	24555	2 Sec. 26. Residency requirement. Each licensed distributor,
24556	24556	3 terminal operator, and person with a substantial interest in a
24557	24557	4 licensed distributor or terminal operator must be an Illinois
24558	24558	5 resident. However, if an out-of-state distributor or terminal
24559	24559	6 operator has performed its respective business within Illinois
24560	24560	7 for at least 48 months prior to the effective date of this Act,
24561	24561	8 the out-of-state person may be eligible for licensing under
24562	24562	9 this Act, upon application to and approval of the Division
24563	24563	10 Board. The Division Board shall adopt rules to implement this
24564	24564	11 Section.
24565	24565	12 (Source: P.A. 96-38, eff. 7-13-09.)
24566	24566	13 (230 ILCS 40/35)
24567	24567	14 Sec. 35. Display of license; confiscation; violation as
24568	24568	15 felony.
24569	24569	16 (a) Each video gaming terminal shall be licensed by the
24570	24570	17 Division Board before placement or operation on the premises
24571	24571	18 of a licensed establishment, licensed truck stop
24572	24572	19 establishment, licensed large truck stop establishment,
24573	24573	20 licensed fraternal establishment, or licensed veterans
24574	24574	21 establishment. The license of each video gaming terminal shall
24575	24575	22 be maintained at the location where the video gaming terminal
24576	24576	23 is operated. Failure to do so is a petty offense with a fine
24577	24577	24 not to exceed $100. Any licensed establishment, licensed truck
24578	24578	25 stop establishment, licensed large truck stop establishment,
24579	24579
24580	24580
24581	24581
24582	24582
24583	24583
24584	24584	SB0280 - 688 - LRB103 24970 AMQ 51304 b
24585	24585
24586	24586
24587	24587	SB0280- 689 -LRB103 24970 AMQ 51304 b SB0280 - 689 - LRB103 24970 AMQ 51304 b
24588	24588	SB0280 - 689 - LRB103 24970 AMQ 51304 b
24589	24589	1 licensed fraternal establishment, or licensed veterans
24590	24590	2 establishment used for the conduct of gambling games in
24591	24591	3 violation of this Act shall be considered a gambling place in
24592	24592	4 violation of Section 28-3 of the Criminal Code of 2012. Every
24593	24593	5 gambling device found in a licensed establishment, licensed
24594	24594	6 truck stop establishment, licensed large truck stop
24595	24595	7 establishment, licensed fraternal establishment, or licensed
24596	24596	8 veterans establishment operating gambling games in violation
24597	24597	9 of this Act shall be subject to seizure, confiscation, and
24598	24598	10 destruction as provided in Section 28-5 of the Criminal Code
24599	24599	11 of 2012. Any license issued under the Liquor Control Act of
24600	24600	12 1934 to any owner or operator of a licensed establishment,
24601	24601	13 licensed truck stop establishment, licensed large truck stop
24602	24602	14 establishment, licensed fraternal establishment, or licensed
24603	24603	15 veterans establishment that operates or permits the operation
24604	24604	16 of a video gaming terminal within its establishment in
24605	24605	17 violation of this Act shall be immediately revoked. No person
24606	24606	18 may own, operate, have in his or her possession or custody or
24607	24607	19 under his or her control, or permit to be kept in any place
24608	24608	20 under his or her possession or control, any device that awards
24609	24609	21 credits and contains a circuit, meter, or switch capable of
24610	24610	22 removing and recording the removal of credits when the award
24611	24611	23 of credits is dependent upon chance.
24612	24612	24 Nothing in this Section shall be deemed to prohibit the
24613	24613	25 use of a game device only if the game device is used in an
24614	24614	26 activity that is not gambling under subsection (b) of Section
24615	24615
24616	24616
24617	24617
24618	24618
24619	24619
24620	24620	SB0280 - 689 - LRB103 24970 AMQ 51304 b
24621	24621
24622	24622
24623	24623	SB0280- 690 -LRB103 24970 AMQ 51304 b SB0280 - 690 - LRB103 24970 AMQ 51304 b
24624	24624	SB0280 - 690 - LRB103 24970 AMQ 51304 b
24625	24625	1 28-1 of the Criminal Code of 2012.
24626	24626	2 A violation of this Section is a Class 4 felony. All
24627	24627	3 devices that are owned, operated, or possessed in violation of
24628	24628	4 this Section are hereby declared to be public nuisances and
24629	24629	5 shall be subject to seizure, confiscation, and destruction as
24630	24630	6 provided in Section 28-5 of the Criminal Code of 2012.
24631	24631	7 The provisions of this Section do not apply to devices or
24632	24632	8 electronic video game terminals licensed pursuant to this Act.
24633	24633	9 A video gaming terminal operated for amusement only and
24634	24634	10 bearing a valid amusement tax sticker shall not be subject to
24635	24635	11 this Section until 30 days after the Division Board
24636	24636	12 establishes that the central communications system is
24637	24637	13 functional.
24638	24638	14 (b) (1) The odds of winning each video game shall be posted
24639	24639	15 on or near each video gaming terminal. The manner in which the
24640	24640	16 odds are calculated and how they are posted shall be
24641	24641	17 determined by the Division Board by rule.
24642	24642	18 (2) No video gaming terminal licensed under this Act may
24643	24643	19 be played except during the legal hours of operation allowed
24644	24644	20 for the consumption of alcoholic beverages at the licensed
24645	24645	21 establishment, licensed fraternal establishment, or licensed
24646	24646	22 veterans establishment. A licensed establishment, licensed
24647	24647	23 fraternal establishment, or licensed veterans establishment
24648	24648	24 that violates this subsection is subject to termination of its
24649	24649	25 license by the Division Board.
24650	24650	26 (Source: P.A. 101-31, eff. 6-28-19.)
24651	24651
24652	24652
24653	24653
24654	24654
24655	24655
24656	24656	SB0280 - 690 - LRB103 24970 AMQ 51304 b
24657	24657
24658	24658
24659	24659	SB0280- 691 -LRB103 24970 AMQ 51304 b SB0280 - 691 - LRB103 24970 AMQ 51304 b
24660	24660	SB0280 - 691 - LRB103 24970 AMQ 51304 b
24661	24661	1 (230 ILCS 40/43)
24662	24662	2 Sec. 43. Notice of alleged violation of Section 40. In all
24663	24663	3 instances of an alleged violation of Section 40, the Division
24664	24664	4 Board or its agents or designees shall provide written notice
24665	24665	5 of the alleged violation to the affected licensed
24666	24666	6 establishment, licensed fraternal establishment, licensed
24667	24667	7 veterans establishment, or licensed truck stop establishment
24668	24668	8 within 15 days after the alleged occurrence of the violation.
24669	24669	9 (Source: P.A. 101-318, eff. 8-9-19.)
24670	24670	10 (230 ILCS 40/45)
24671	24671	11 Sec. 45. Issuance of license.
24672	24672	12 (a) The burden is upon each applicant to demonstrate his
24673	24673	13 suitability for licensure. Each video gaming terminal
24674	24674	14 manufacturer, distributor, supplier, operator, handler,
24675	24675	15 licensed establishment, licensed truck stop establishment,
24676	24676	16 licensed large truck stop establishment, licensed fraternal
24677	24677	17 establishment, and licensed veterans establishment shall be
24678	24678	18 licensed by the Division Board. The Division Board may issue
24679	24679	19 or deny a license under this Act to any person pursuant to the
24680	24680	20 same criteria set forth in Section 9 of the Illinois Gambling
24681	24681	21 Act.
24682	24682	22 (a-5) The Division Board shall not grant a license to a
24683	24683	23 person who has facilitated, enabled, or participated in the
24684	24684	24 use of coin-operated devices for gambling purposes or who is
24685	24685
24686	24686
24687	24687
24688	24688
24689	24689
24690	24690	SB0280 - 691 - LRB103 24970 AMQ 51304 b
24691	24691
24692	24692
24693	24693	SB0280- 692 -LRB103 24970 AMQ 51304 b SB0280 - 692 - LRB103 24970 AMQ 51304 b
24694	24694	SB0280 - 692 - LRB103 24970 AMQ 51304 b
24695	24695	1 under the significant influence or control of such a person.
24696	24696	2 For the purposes of this Act, "facilitated, enabled, or
24697	24697	3 participated in the use of coin-operated amusement devices for
24698	24698	4 gambling purposes" means that the person has been convicted of
24699	24699	5 any violation of Article 28 of the Criminal Code of 1961 or the
24700	24700	6 Criminal Code of 2012. If there is pending legal action
24701	24701	7 against a person for any such violation, then the Division
24702	24702	8 Board shall delay the licensure of that person until the legal
24703	24703	9 action is resolved.
24704	24704	10 (b) Each person seeking and possessing a license as a
24705	24705	11 video gaming terminal manufacturer, distributor, supplier,
24706	24706	12 operator, handler, licensed establishment, licensed truck stop
24707	24707	13 establishment, licensed large truck stop establishment,
24708	24708	14 licensed fraternal establishment, or licensed veterans
24709	24709	15 establishment shall submit to a background investigation
24710	24710	16 conducted by the Division Board with the assistance of the
24711	24711	17 Illinois State Police or other law enforcement. To the extent
24712	24712	18 that the corporate structure of the applicant allows, the
24713	24713	19 background investigation shall include any or all of the
24714	24714	20 following as the Division Board deems appropriate or as
24715	24715	21 provided by rule for each category of licensure: (i) each
24716	24716	22 beneficiary of a trust, (ii) each partner of a partnership,
24717	24717	23 (iii) each member of a limited liability company, (iv) each
24718	24718	24 director and officer of a publicly or non-publicly held
24719	24719	25 corporation, (v) each stockholder of a non-publicly held
24720	24720	26 corporation, (vi) each stockholder of 5% or more of a publicly
24721	24721
24722	24722
24723	24723
24724	24724
24725	24725
24726	24726	SB0280 - 692 - LRB103 24970 AMQ 51304 b
24727	24727
24728	24728
24729	24729	SB0280- 693 -LRB103 24970 AMQ 51304 b SB0280 - 693 - LRB103 24970 AMQ 51304 b
24730	24730	SB0280 - 693 - LRB103 24970 AMQ 51304 b
24731	24731	1 held corporation, or (vii) each stockholder of 5% or more in a
24732	24732	2 parent or subsidiary corporation.
24733	24733	3 (c) Each person seeking and possessing a license as a
24734	24734	4 video gaming terminal manufacturer, distributor, supplier,
24735	24735	5 operator, handler, licensed establishment, licensed truck stop
24736	24736	6 establishment, licensed large truck stop establishment,
24737	24737	7 licensed fraternal establishment, or licensed veterans
24738	24738	8 establishment shall disclose the identity of every person,
24739	24739	9 association, trust, corporation, or limited liability company
24740	24740	10 having a greater than 1% direct or indirect pecuniary interest
24741	24741	11 in the video gaming terminal operation for which the license
24742	24742	12 is sought. If the disclosed entity is a trust, the application
24743	24743	13 shall disclose the names and addresses of the beneficiaries;
24744	24744	14 if a corporation, the names and addresses of all stockholders
24745	24745	15 and directors; if a limited liability company, the names and
24746	24746	16 addresses of all members; or if a partnership, the names and
24747	24747	17 addresses of all partners, both general and limited.
24748	24748	18 (d) No person may be licensed as a video gaming terminal
24749	24749	19 manufacturer, distributor, supplier, operator, handler,
24750	24750	20 licensed establishment, licensed truck stop establishment,
24751	24751	21 licensed large truck stop establishment, licensed fraternal
24752	24752	22 establishment, or licensed veterans establishment if that
24753	24753	23 person has been found by the Division Board to:
24754	24754	24 (1) have a background, including a criminal record,
24755	24755	25 reputation, habits, social or business associations, or
24756	24756	26 prior activities that pose a threat to the public
24757	24757
24758	24758
24759	24759
24760	24760
24761	24761
24762	24762	SB0280 - 693 - LRB103 24970 AMQ 51304 b
24763	24763
24764	24764
24765	24765	SB0280- 694 -LRB103 24970 AMQ 51304 b SB0280 - 694 - LRB103 24970 AMQ 51304 b
24766	24766	SB0280 - 694 - LRB103 24970 AMQ 51304 b
24767	24767	1 interests of the State or to the security and integrity of
24768	24768	2 video gaming;
24769	24769	3 (2) create or enhance the dangers of unsuitable,
24770	24770	4 unfair, or illegal practices, methods, and activities in
24771	24771	5 the conduct of video gaming; or
24772	24772	6 (3) present questionable business practices and
24773	24773	7 financial arrangements incidental to the conduct of video
24774	24774	8 gaming activities.
24775	24775	9 (e) Any applicant for any license under this Act has the
24776	24776	10 burden of proving his or her qualifications to the
24777	24777	11 satisfaction of the Division Board. The Division Board may
24778	24778	12 adopt rules to establish additional qualifications and
24779	24779	13 requirements to preserve the integrity and security of video
24780	24780	14 gaming in this State.
24781	24781	15 (f) A non-refundable application fee shall be paid at the
24782	24782	16 time an application for a license is filed with the Division
24783	24783	17 Board in the following amounts:
24784	24784	18 (1) Manufacturer..........................$5,000
24785	24785	19 (2) Distributor...........................$5,000
24786	24786	20 (3) Terminal operator.....................$5,000
24787	24787	21 (4) Supplier..............................$2,500
24788	24788	22 (5) Technician..............................$100
24789	24789	23 (6) Terminal Handler........................$100
24790	24790	24 (7) Licensed establishment, licensed truck stop
24791	24791	25 establishment, licensed large truck stop establishment,
24792	24792	26 licensed fraternal establishment, or licensed
24793	24793
24794	24794
24795	24795
24796	24796
24797	24797
24798	24798	SB0280 - 694 - LRB103 24970 AMQ 51304 b
24799	24799
24800	24800
24801	24801	SB0280- 695 -LRB103 24970 AMQ 51304 b SB0280 - 695 - LRB103 24970 AMQ 51304 b
24802	24802	SB0280 - 695 - LRB103 24970 AMQ 51304 b
24803	24803	1 veterans establishment...............................$100
24804	24804	2 (8) Sales agent and broker.......................$100
24805	24805	3 (g) The Division Board shall establish an annual fee for
24806	24806	4 each license not to exceed the following:
24807	24807	5 (1) Manufacturer.........................$10,000
24808	24808	6 (2) Distributor..........................$10,000
24809	24809	7 (3) Terminal operator.....................$5,000
24810	24810	8 (4) Supplier..............................$2,000
24811	24811	9 (5) Technician..............................$100
24812	24812	10 (6) Licensed establishment, licensed truck stop
24813	24813	11 establishment, licensed large truck stop establishment,
24814	24814	12 licensed fraternal establishment, or licensed
24815	24815	13 veterans establishment..........................$100
24816	24816	14 (7) Video gaming terminal...................$100
24817	24817	15 (8) Terminal Handler............................$100
24818	24818	16 (9) Sales agent and broker.......................$100
24819	24819	17 (h) A terminal operator and a licensed establishment,
24820	24820	18 licensed truck stop establishment, licensed large truck stop
24821	24821	19 establishment, licensed fraternal establishment, or licensed
24822	24822	20 veterans establishment shall equally split the fees specified
24823	24823	21 in item (7) of subsection (g).
24824	24824	22 (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21;
24825	24825	23 102-689, eff. 12-17-21.)
24826	24826	24 (230 ILCS 40/50)
24827	24827	25 Sec. 50. Distribution of license fees.
24828	24828
24829	24829
24830	24830
24831	24831
24832	24832
24833	24833	SB0280 - 695 - LRB103 24970 AMQ 51304 b
24834	24834
24835	24835
24836	24836	SB0280- 696 -LRB103 24970 AMQ 51304 b SB0280 - 696 - LRB103 24970 AMQ 51304 b
24837	24837	SB0280 - 696 - LRB103 24970 AMQ 51304 b
24838	24838	1 (a) All fees collected under Section 45 shall be deposited
24839	24839	2 into the State Gaming Fund.
24840	24840	3 (b) Fees collected under Section 45 shall be used as
24841	24841	4 follows:
24842	24842	5 (1) Twenty-five percent shall be paid, subject to
24843	24843	6 appropriation by the General Assembly, to the Department
24844	24844	7 of Human Services for administration of programs for the
24845	24845	8 treatment of compulsive gambling.
24846	24846	9 (2) Seventy-five percent shall be used for the
24847	24847	10 administration of this Act.
24848	24848	11 (c) All initial terminal handler, technician, sales agent
24849	24849	12 and broker, licensed establishment, licensed truck stop
24850	24850	13 establishment, licensed large truck establishment, licensed
24851	24851	14 fraternal establishment, and licensed fraternal establishment
24852	24852	15 licenses issued by the Division Board under this Act shall be
24853	24853	16 issued for 2 years and are renewable for additional 2-year
24854	24854	17 periods unless sooner cancelled or terminated. Except as
24855	24855	18 provided by Section 8.1 of the Illinois Gambling Act, all
24856	24856	19 initial manufacturer, distributor, supplier, and terminal
24857	24857	20 operator licenses issued by the Division Board under this Act
24858	24858	21 shall be issued for 4 years and are renewable for additional
24859	24859	22 4-year periods unless sooner cancelled or terminated. No
24860	24860	23 license issued under this Act is transferable or assignable.
24861	24861	24 (Source: P.A. 102-689, eff. 12-17-21.)
24862	24862	25 (230 ILCS 40/57)
24863	24863
24864	24864
24865	24865
24866	24866
24867	24867
24868	24868	SB0280 - 696 - LRB103 24970 AMQ 51304 b
24869	24869
24870	24870
24871	24871	SB0280- 697 -LRB103 24970 AMQ 51304 b SB0280 - 697 - LRB103 24970 AMQ 51304 b
24872	24872	SB0280 - 697 - LRB103 24970 AMQ 51304 b
24873	24873	1 Sec. 57. Insurance. Each terminal operator shall maintain
24874	24874	2 liability insurance on any gaming device that it places in a
24875	24875	3 licensed video gaming location in an amount set by the
24876	24876	4 Division Board.
24877	24877	5 (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10.)
24878	24878	6 (230 ILCS 40/58)
24879	24879	7 Sec. 58. Location of terminals. Video gaming terminals in
24880	24880	8 a licensed establishment, licensed fraternal establishment, or
24881	24881	9 licensed veterans establishment must be located in an area
24882	24882	10 that is restricted to persons over 21 years of age and the
24883	24883	11 entrance to the area must be within the view of at least one
24884	24884	12 employee of the establishment who is over 21 years of age.
24885	24885	13 The placement of video gaming terminals in licensed
24886	24886	14 establishments, licensed truck stop establishments, licensed
24887	24887	15 large truck stop establishments, licensed fraternal
24888	24888	16 establishments, and licensed veterans establishments shall be
24889	24889	17 subject to the rules promulgated by the Division Board
24890	24890	18 pursuant to the Illinois Administrative Procedure Act.
24891	24891	19 (Source: P.A. 101-31, eff. 6-28-19; 101-318, eff. 8-9-19;
24892	24892	20 102-558, eff. 8-20-21.)
24893	24893	21 (230 ILCS 40/60)
24894	24894	22 Sec. 60. Imposition and distribution of tax.
24895	24895	23 (a) A tax of 30% is imposed on net terminal income and
24896	24896	24 shall be collected by the Division Board.
24897	24897
24898	24898
24899	24899
24900	24900
24901	24901
24902	24902	SB0280 - 697 - LRB103 24970 AMQ 51304 b
24903	24903
24904	24904
24905	24905	SB0280- 698 -LRB103 24970 AMQ 51304 b SB0280 - 698 - LRB103 24970 AMQ 51304 b
24906	24906	SB0280 - 698 - LRB103 24970 AMQ 51304 b
24907	24907	1 Of the tax collected under this subsection (a),
24908	24908	2 five-sixths shall be deposited into the Capital Projects Fund
24909	24909	3 and one-sixth shall be deposited into the Local Government
24910	24910	4 Video Gaming Distributive Fund.
24911	24911	5 (b) Beginning on July 1, 2019, an additional tax of 3% is
24912	24912	6 imposed on net terminal income and shall be collected by the
24913	24913	7 Division Board.
24914	24914	8 Beginning on July 1, 2020, an additional tax of 1% is
24915	24915	9 imposed on net terminal income and shall be collected by the
24916	24916	10 Division Board.
24917	24917	11 The tax collected under this subsection (b) shall be
24918	24918	12 deposited into the Capital Projects Fund.
24919	24919	13 (c) Revenues generated from the play of video gaming
24920	24920	14 terminals shall be deposited by the terminal operator, who is
24921	24921	15 responsible for tax payments, in a specially created, separate
24922	24922	16 bank account maintained by the video gaming terminal operator
24923	24923	17 to allow for electronic fund transfers of moneys for tax
24924	24924	18 payment.
24925	24925	19 (d) Each licensed establishment, licensed truck stop
24926	24926	20 establishment, licensed large truck stop establishment,
24927	24927	21 licensed fraternal establishment, and licensed veterans
24928	24928	22 establishment shall maintain an adequate video gaming fund,
24929	24929	23 with the amount to be determined by the Division Board.
24930	24930	24 (e) The State's percentage of net terminal income shall be
24931	24931	25 reported and remitted to the Division Board within 15 days
24932	24932	26 after the 15th day of each month and within 15 days after the
24933	24933
24934	24934
24935	24935
24936	24936
24937	24937
24938	24938	SB0280 - 698 - LRB103 24970 AMQ 51304 b
24939	24939
24940	24940
24941	24941	SB0280- 699 -LRB103 24970 AMQ 51304 b SB0280 - 699 - LRB103 24970 AMQ 51304 b
24942	24942	SB0280 - 699 - LRB103 24970 AMQ 51304 b
24943	24943	1 end of each month by the video terminal operator. A video
24944	24944	2 terminal operator who falsely reports or fails to report the
24945	24945	3 amount due required by this Section is guilty of a Class 4
24946	24946	4 felony and is subject to termination of his or her license by
24947	24947	5 the Division Board. Each video terminal operator shall keep a
24948	24948	6 record of net terminal income in such form as the Division
24949	24949	7 Board may require. All payments not remitted when due shall be
24950	24950	8 paid together with a penalty assessment on the unpaid balance
24951	24951	9 at a rate of 1.5% per month.
24952	24952	10 (Source: P.A. 101-31, eff. 6-28-19.)
24953	24953	11 (230 ILCS 40/78)
24954	24954	12 Sec. 78. Authority of the Department of Lottery and Gaming
24955	24955	13 Illinois Gaming Board.
24956	24956	14 (a) The Division of Video Gaming of the Department of
24957	24957	15 Lottery and Gaming Board shall have jurisdiction over and
24958	24958	16 shall supervise all gaming operations governed by this Act.
24959	24959	17 The Division Board shall have all powers necessary and proper
24960	24960	18 to fully and effectively execute the provisions of this Act,
24961	24961	19 including, but not limited to, the following:
24962	24962	20 (1) To investigate applicants and determine the
24963	24963	21 eligibility of applicants for licenses and to select among
24964	24964	22 competing applicants the applicants which best serve the
24965	24965	23 interests of the citizens of Illinois.
24966	24966	24 (2) To have jurisdiction and supervision over all
24967	24967	25 video gaming operations in this State and all persons in
24968	24968
24969	24969
24970	24970
24971	24971
24972	24972
24973	24973	SB0280 - 699 - LRB103 24970 AMQ 51304 b
24974	24974
24975	24975
24976	24976	SB0280- 700 -LRB103 24970 AMQ 51304 b SB0280 - 700 - LRB103 24970 AMQ 51304 b
24977	24977	SB0280 - 700 - LRB103 24970 AMQ 51304 b
24978	24978	1 establishments where video gaming operations are
24979	24979	2 conducted.
24980	24980	3 (3) To adopt rules for the purpose of administering
24981	24981	4 the provisions of this Act and to prescribe rules,
24982	24982	5 regulations, and conditions under which all video gaming
24983	24983	6 in the State shall be conducted. Such rules and
24984	24984	7 regulations are to provide for the prevention of practices
24985	24985	8 detrimental to the public interest and for the best
24986	24986	9 interests of video gaming, including rules and regulations
24987	24987	10 (i) regarding the inspection of such establishments and
24988	24988	11 the review of any permits or licenses necessary to operate
24989	24989	12 an establishment under any laws or regulations applicable
24990	24990	13 to establishments, (ii) to impose penalties for violations
24991	24991	14 of this Act and its rules, and (iii) establishing
24992	24992	15 standards for advertising video gaming.
24993	24993	16 (b) (Blank) The Board shall adopt emergency rules to
24994	24994	17 administer this Act in accordance with Section 5-45 of the
24995	24995	18 Illinois Administrative Procedure Act. For the purposes of the
24996	24996	19 Illinois Administrative Procedure Act, the General Assembly
24997	24997	20 finds that the adoption of rules to implement this Act is
24998	24998	21 deemed an emergency and necessary to the public interest,
24999	24999	22 safety, and welfare.
25000	25000	23 (Source: P.A. 98-31, eff. 6-24-13.)
25001	25001	24 (230 ILCS 40/79)
25002	25002	25 Sec. 79. Investigators. Investigators appointed by the
25003	25003
25004	25004
25005	25005
25006	25006
25007	25007
25008	25008	SB0280 - 700 - LRB103 24970 AMQ 51304 b
25009	25009
25010	25010
25011	25011	SB0280- 701 -LRB103 24970 AMQ 51304 b SB0280 - 701 - LRB103 24970 AMQ 51304 b
25012	25012	SB0280 - 701 - LRB103 24970 AMQ 51304 b
25013	25013	1 Division Board pursuant to the powers conferred upon the
25014	25014	2 Division Board by paragraph (20.6) of subsection (c) of
25015	25015	3 Section 5 of the Illinois Gambling Act and Section 80 of this
25016	25016	4 Act shall have authority to conduct investigations, searches,
25017	25017	5 seizures, arrests, and other duties imposed under this Act and
25018	25018	6 the Illinois Gambling Act, as deemed necessary by the Division
25019	25019	7 Board. These investigators have and may exercise all of the
25020	25020	8 rights and powers of peace officers, provided that these
25021	25021	9 powers shall be (1) limited to offenses or violations
25022	25022	10 occurring or committed in connection with conduct subject to
25023	25023	11 this Act, including, but not limited to, the manufacture,
25024	25024	12 distribution, supply, operation, placement, service,
25025	25025	13 maintenance, or play of video gaming terminals and the
25026	25026	14 distribution of profits and collection of revenues resulting
25027	25027	15 from such play, and (2) exercised, to the fullest extent
25028	25028	16 practicable, in cooperation with the local police department
25029	25029	17 of the applicable municipality or, if these powers are
25030	25030	18 exercised outside the boundaries of an incorporated
25031	25031	19 municipality or within a municipality that does not have its
25032	25032	20 own police department, in cooperation with the police
25033	25033	21 department whose jurisdiction encompasses the applicable
25034	25034	22 locality.
25035	25035	23 (Source: P.A. 101-31, eff. 6-28-19.)
25036	25036	24 (230 ILCS 40/79.5)
25037	25037	25 Sec. 79.5. Enforcement actions. The Division Board shall
25038	25038
25039	25039
25040	25040
25041	25041
25042	25042
25043	25043	SB0280 - 701 - LRB103 24970 AMQ 51304 b
25044	25044
25045	25045
25046	25046	SB0280- 702 -LRB103 24970 AMQ 51304 b SB0280 - 702 - LRB103 24970 AMQ 51304 b
25047	25047	SB0280 - 702 - LRB103 24970 AMQ 51304 b
25048	25048	1 establish a policy and standards for compliance operations to
25049	25049	2 investigate whether a licensed establishment, licensed
25050	25050	3 fraternal establishment, licensed veterans establishment, or a
25051	25051	4 licensed truck stop establishment is: (1) permitting any
25052	25052	5 person under the age of 21 years to use or play a video gaming
25053	25053	6 terminal in violation of this Act; or (2) furnishing alcoholic
25054	25054	7 liquor to persons under 21 years of age in violation of the
25055	25055	8 Liquor Control Act of 1934.
25056	25056	9 The policy and standards for compliance operations under
25057	25057	10 this Section shall be similar to the model policy and
25058	25058	11 guidelines for the operation of alcohol and tobacco compliance
25059	25059	12 checks by local law enforcement officers adopted by the
25060	25060	13 Illinois Law Enforcement Training Standards Board pursuant to
25061	25061	14 subsection (c) of Section 6-16.1 of the Liquor Control Act of
25062	25062	15 1934. The Board shall adopt the policy and standards in the
25063	25063	16 form of emergency rulemaking that shall be adopted no later
25064	25064	17 than 90 days after the effective date of this amendatory Act of
25065	25065	18 the 101st General Assembly and shall be immediately followed
25066	25066	19 by permanent rulemaking on the same subject.
25067	25067	20 A licensed establishment, licensed fraternal
25068	25068	21 establishment, licensed veterans establishment, or licensed
25069	25069	22 truck stop establishment that is the subject of an enforcement
25070	25070	23 action under this Section and is found, pursuant to the
25071	25071	24 enforcement action, to be in compliance with this Act shall be
25072	25072	25 notified by the Division Board that no violation was found
25073	25073	26 within 30 days after the finding.
25074	25074
25075	25075
25076	25076
25077	25077
25078	25078
25079	25079	SB0280 - 702 - LRB103 24970 AMQ 51304 b
25080	25080
25081	25081
25082	25082	SB0280- 703 -LRB103 24970 AMQ 51304 b SB0280 - 703 - LRB103 24970 AMQ 51304 b
25083	25083	SB0280 - 703 - LRB103 24970 AMQ 51304 b
25084	25084	1 (Source: P.A. 101-318, eff. 8-9-19.)
25085	25085	2 (230 ILCS 40/80)
25086	25086	3 Sec. 80. Applicability of Illinois Gambling Act. The
25087	25087	4 provisions of the Illinois Gambling Act, and all rules
25088	25088	5 promulgated thereunder, shall apply to the Video Gaming Act,
25089	25089	6 except where there is a conflict between the 2 Acts. In the
25090	25090	7 event of a conflict between the 2 Acts, the provisions of the
25091	25091	8 Illinois Gambling Act shall prevail. All current supplier
25092	25092	9 licensees under the Illinois Gambling Act shall be entitled to
25093	25093	10 licensure under the Video Gaming Act as manufacturers,
25094	25094	11 distributors, or suppliers without additional Division Board
25095	25095	12 investigation or approval, except by vote of the Division
25096	25096	13 Board; however, they are required to pay application and
25097	25097	14 annual fees under this Act. All provisions of the Uniform
25098	25098	15 Penalty and Interest Act shall apply, as far as practicable,
25099	25099	16 to the subject matter of this Act to the same extent as if such
25100	25100	17 provisions were included herein.
25101	25101	18 (Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
25102	25102	19 Section 155. The Sports Wagering Act is amended by
25103	25103	20 changing Sections 25-10, 25-15, 25-20, 25-25, 25-30, 25-35,
25104	25104	21 25-40, 25-45, 25-50, 25-55, 25-60, 25-75, 25-85, 25-90,
25105	25105	22 25-100, and 25-105 as follows:
25106	25106	23 (230 ILCS 45/25-10)
25107	25107
25108	25108
25109	25109
25110	25110
25111	25111
25112	25112	SB0280 - 703 - LRB103 24970 AMQ 51304 b
25113	25113
25114	25114
25115	25115	SB0280- 704 -LRB103 24970 AMQ 51304 b SB0280 - 704 - LRB103 24970 AMQ 51304 b
25116	25116	SB0280 - 704 - LRB103 24970 AMQ 51304 b
25117	25117	1 Sec. 25-10. Definitions. As used in this Act:
25118	25118	2 "Adjusted gross sports wagering receipts" means a master
25119	25119	3 sports wagering licensee's gross sports wagering receipts,
25120	25120	4 less winnings paid to wagerers in such games.
25121	25121	5 "Athlete" means any current or former professional athlete
25122	25122	6 or collegiate athlete.
25123	25123	7 "Board" means the Illinois Gaming Board.
25124	25124	8 "Covered persons" includes athletes; umpires, referees,
25125	25125	9 and officials; personnel associated with clubs, teams,
25126	25126	10 leagues, and athletic associations; medical professionals
25127	25127	11 (including athletic trainers) who provide services to athletes
25128	25128	12 and players; and the family members and associates of these
25129	25129	13 persons where required to serve the purposes of this Act.
25130	25130	14 "Department" means the Department of the Lottery and
25131	25131	15 Gaming.
25132	25132	16 "Director" means the Director of Video Gaming of the
25133	25133	17 Department of Lottery and Gaming.
25134	25134	18 "Division" means the Division of Video Gaming of the
25135	25135	19 Department of Lottery and Gaming.
25136	25136	20 "Gaming facility" means a facility at which gambling
25137	25137	21 operations are conducted under the Illinois Gambling Act,
25138	25138	22 pari-mutuel wagering is conducted under the Illinois Horse
25139	25139	23 Racing Act of 1975, or sports wagering is conducted under this
25140	25140	24 Act.
25141	25141	25 "Official league data" means statistics, results,
25142	25142	26 outcomes, and other data related to a sports event obtained
25143	25143
25144	25144
25145	25145
25146	25146
25147	25147
25148	25148	SB0280 - 704 - LRB103 24970 AMQ 51304 b
25149	25149
25150	25150
25151	25151	SB0280- 705 -LRB103 24970 AMQ 51304 b SB0280 - 705 - LRB103 24970 AMQ 51304 b
25152	25152	SB0280 - 705 - LRB103 24970 AMQ 51304 b
25153	25153	1 pursuant to an agreement with the relevant sports governing
25154	25154	2 body, or an entity expressly authorized by the sports
25155	25155	3 governing body to provide such information to licensees, that
25156	25156	4 authorizes the use of such data for determining the outcome of
25157	25157	5 tier 2 sports wagers on such sports events.
25158	25158	6 "Organization licensee" has the meaning given to that term
25159	25159	7 in the Illinois Horse Racing Act of 1975.
25160	25160	8 "Owners licensee" means the holder of an owners license
25161	25161	9 under the Illinois Gambling Act.
25162	25162	10 "Person" means an individual, partnership, committee,
25163	25163	11 association, corporation, or any other organization or group
25164	25164	12 of persons.
25165	25165	13 "Personal biometric data" means an athlete's information
25166	25166	14 derived from DNA, heart rate, blood pressure, perspiration
25167	25167	15 rate, internal or external body temperature, hormone levels,
25168	25168	16 glucose levels, hydration levels, vitamin levels, bone
25169	25169	17 density, muscle density, and sleep patterns.
25170	25170	18 "Prohibited conduct" includes any statement, action, and
25171	25171	19 other communication intended to influence, manipulate, or
25172	25172	20 control a betting outcome of a sporting contest or of any
25173	25173	21 individual occurrence or performance in a sporting contest in
25174	25174	22 exchange for financial gain or to avoid financial or physical
25175	25175	23 harm. "Prohibited conduct" includes statements, actions, and
25176	25176	24 communications made to a covered person by a third party, such
25177	25177	25 as a family member or through social media. "Prohibited
25178	25178	26 conduct" does not include statements, actions, or
25179	25179
25180	25180
25181	25181
25182	25182
25183	25183
25184	25184	SB0280 - 705 - LRB103 24970 AMQ 51304 b
25185	25185
25186	25186
25187	25187	SB0280- 706 -LRB103 24970 AMQ 51304 b SB0280 - 706 - LRB103 24970 AMQ 51304 b
25188	25188	SB0280 - 706 - LRB103 24970 AMQ 51304 b
25189	25189	1 communications made or sanctioned by a team or sports
25190	25190	2 governing body.
25191	25191	3 "Qualified applicant" means an applicant for a license
25192	25192	4 under this Act whose application meets the mandatory minimum
25193	25193	5 qualification criteria as required by the Division Board.
25194	25194	6 "Sporting contest" means a sports event or game on which
25195	25195	7 the State allows sports wagering to occur under this Act.
25196	25196	8 "Sports event" means a professional sport or athletic
25197	25197	9 event, a collegiate sport or athletic event, a motor race
25198	25198	10 event, or any other event or competition of relative skill
25199	25199	11 authorized by the Division Board under this Act.
25200	25200	12 "Sports facility" means a facility that hosts sports
25201	25201	13 events and holds a seating capacity greater than 17,000
25202	25202	14 persons, except in a municipality with a population of more
25203	25203	15 than 1,000,000, a seating capacity greater than 10,000
25204	25204	16 persons.
25205	25205	17 "Sports governing body" means the organization that
25206	25206	18 prescribes final rules and enforces codes of conduct with
25207	25207	19 respect to a sports event and participants therein.
25208	25208	20 "Sports wagering" means accepting wagers on sports events
25209	25209	21 or portions of sports events, or on the individual performance
25210	25210	22 statistics of athletes in a sports event or combination of
25211	25211	23 sports events, by any system or method of wagering, including,
25212	25212	24 but not limited to, in person or over the Internet through
25213	25213	25 websites and on mobile devices. "Sports wagering" includes,
25214	25214	26 but is not limited to, single-game bets, teaser bets, parlays,
25215	25215
25216	25216
25217	25217
25218	25218
25219	25219
25220	25220	SB0280 - 706 - LRB103 24970 AMQ 51304 b
25221	25221
25222	25222
25223	25223	SB0280- 707 -LRB103 24970 AMQ 51304 b SB0280 - 707 - LRB103 24970 AMQ 51304 b
25224	25224	SB0280 - 707 - LRB103 24970 AMQ 51304 b
25225	25225	1 over-under, moneyline, pools, exchange wagering, in-game
25226	25226	2 wagering, in-play bets, proposition bets, and straight bets.
25227	25227	3 "Sports wagering account" means a financial record
25228	25228	4 established by a master sports wagering licensee for an
25229	25229	5 individual patron in which the patron may deposit and withdraw
25230	25230	6 funds for sports wagering and other authorized purchases and
25231	25231	7 to which the master sports wagering licensee may credit
25232	25232	8 winnings or other amounts due to that patron or authorized by
25233	25233	9 that patron.
25234	25234	10 "Tier 1 sports wager" means a sports wager that is
25235	25235	11 determined solely by the final score or final outcome of the
25236	25236	12 sports event and is placed before the sports event has begun.
25237	25237	13 "Tier 2 sports wager" means a sports wager that is not a
25238	25238	14 tier 1 sports wager.
25239	25239	15 "Wager" means a sum of money or thing of value risked on an
25240	25240	16 uncertain occurrence.
25241	25241	17 "Winning bidder" means a qualified applicant for a master
25242	25242	18 sports wagering license chosen through the competitive
25243	25243	19 selection process under Section 25-45.
25244	25244	20 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
25245	25245	21 (230 ILCS 45/25-15)
25246	25246	22 Sec. 25-15. Division Board duties and powers.
25247	25247	23 (a) Except for sports wagering conducted under Section
25248	25248	24 25-70, the Division Board shall have the authority to regulate
25249	25249	25 the conduct of sports wagering under this Act.
25250	25250
25251	25251
25252	25252
25253	25253
25254	25254
25255	25255	SB0280 - 707 - LRB103 24970 AMQ 51304 b
25256	25256
25257	25257
25258	25258	SB0280- 708 -LRB103 24970 AMQ 51304 b SB0280 - 708 - LRB103 24970 AMQ 51304 b
25259	25259	SB0280 - 708 - LRB103 24970 AMQ 51304 b
25260	25260	1 (b) The Division Board may adopt any rules the Division
25261	25261	2 Board considers necessary for the successful implementation,
25262	25262	3 administration, and enforcement of this Act, except for
25263	25263	4 Section 25-70. Rules proposed by the Division Board may be
25264	25264	5 adopted as emergency rules pursuant to Section 5-45 of the
25265	25265	6 Illinois Administrative Procedure Act.
25266	25266	7 (c) The Division Board shall levy and collect all fees,
25267	25267	8 surcharges, civil penalties, and monthly taxes on adjusted
25268	25268	9 gross sports wagering receipts imposed by this Act and deposit
25269	25269	10 all moneys into the Sports Wagering Fund, except as otherwise
25270	25270	11 provided under this Act.
25271	25271	12 (d) The Division Board may exercise any other powers
25272	25272	13 necessary to enforce the provisions of this Act that it
25273	25273	14 regulates and the rules of the Division Board.
25274	25274	15 (e) The Division Board shall adopt rules for a license to
25275	25275	16 be employed by a master sports wagering licensee when the
25276	25276	17 employee works in a designated gaming area that has sports
25277	25277	18 wagering or performs duties in furtherance of or associated
25278	25278	19 with the operation of sports wagering by the master sports
25279	25279	20 wagering licensee (occupational license), which shall require
25280	25280	21 an annual license fee of $250. However, occupational licenses
25281	25281	22 issued under the Illinois Gambling Act for employees of an
25282	25282	23 owners license or organization gaming licensee, once granted,
25283	25283	24 are considered equivalent licenses to work in sports wagering
25284	25284	25 positions located at the same gaming facility. License fees
25285	25285	26 shall be deposited into the State Gaming Fund and used for the
25286	25286
25287	25287
25288	25288
25289	25289
25290	25290
25291	25291	SB0280 - 708 - LRB103 24970 AMQ 51304 b
25292	25292
25293	25293
25294	25294	SB0280- 709 -LRB103 24970 AMQ 51304 b SB0280 - 709 - LRB103 24970 AMQ 51304 b
25295	25295	SB0280 - 709 - LRB103 24970 AMQ 51304 b
25296	25296	1 administration of this Act.
25297	25297	2 (f) The Division Board may require that licensees share,
25298	25298	3 in real time and at the sports wagering account level,
25299	25299	4 information regarding a wagerer, amount and type of wager, the
25300	25300	5 time the wager was placed, the location of the wager,
25301	25301	6 including the Internet protocol address, if applicable, the
25302	25302	7 outcome of the wager, and records of abnormal wagering
25303	25303	8 activity. Information shared under this subsection (f) must be
25304	25304	9 submitted in the form and manner as required by rule. If a
25305	25305	10 sports governing body has notified the Division Board that
25306	25306	11 real-time information sharing for wagers placed on its sports
25307	25307	12 events is necessary and desirable, licensees may share the
25308	25308	13 same information in the form and manner required by the
25309	25309	14 Division Board by rule with the sports governing body or its
25310	25310	15 designee with respect to wagers on its sports events subject
25311	25311	16 to applicable federal, State, or local laws or regulations,
25312	25312	17 including, without limitation, privacy laws and regulations.
25313	25313	18 Such information may be provided in anonymized form and may be
25314	25314	19 used by a sports governing body solely for integrity purposes.
25315	25315	20 For purposes of this subsection (f), "real-time" means a
25316	25316	21 commercially reasonable periodic interval.
25317	25317	22 (g) A master sports wagering licensee, professional sports
25318	25318	23 team, league, or association, sports governing body, or
25319	25319	24 institution of higher education may submit to the Division
25320	25320	25 Board in writing a request to prohibit a type or form of
25321	25321	26 wagering if the master sports wagering licensee, professional
25322	25322
25323	25323
25324	25324
25325	25325
25326	25326
25327	25327	SB0280 - 709 - LRB103 24970 AMQ 51304 b
25328	25328
25329	25329
25330	25330	SB0280- 710 -LRB103 24970 AMQ 51304 b SB0280 - 710 - LRB103 24970 AMQ 51304 b
25331	25331	SB0280 - 710 - LRB103 24970 AMQ 51304 b
25332	25332	1 sports team, league, or association, sports governing body, or
25333	25333	2 institution of higher education believes that such wagering by
25334	25334	3 type or form is contrary to public policy, unfair to
25335	25335	4 consumers, or affects the integrity of a particular sport or
25336	25336	5 the sports betting industry. The Division Board shall grant
25337	25337	6 the request upon a demonstration of good cause from the
25338	25338	7 requester and consultation with licensees. The Division Board
25339	25339	8 shall respond to a request pursuant to this subsection (g)
25340	25340	9 concerning a particular event before the start of the event
25341	25341	10 or, if it is not feasible to respond before the start of the
25342	25342	11 event, as soon as practicable.
25343	25343	12 (h) The Division Board and master sports wagering
25344	25344	13 licensees may cooperate with investigations conducted by
25345	25345	14 sports governing bodies or law enforcement agencies,
25346	25346	15 including, but not limited to, providing and facilitating the
25347	25347	16 provision of account-level betting information and audio or
25348	25348	17 video files relating to persons placing wagers.
25349	25349	18 (i) A master sports wagering licensee shall make
25350	25350	19 commercially reasonable efforts to promptly notify the
25351	25351	20 Division Board any information relating to:
25352	25352	21 (1) criminal or disciplinary proceedings commenced
25353	25353	22 against the master sports wagering licensee in connection
25354	25354	23 with its operations;
25355	25355	24 (2) abnormal wagering activity or patterns that may
25356	25356	25 indicate a concern with the integrity of a sports event or
25357	25357	26 sports events;
25358	25358
25359	25359
25360	25360
25361	25361
25362	25362
25363	25363	SB0280 - 710 - LRB103 24970 AMQ 51304 b
25364	25364
25365	25365
25366	25366	SB0280- 711 -LRB103 24970 AMQ 51304 b SB0280 - 711 - LRB103 24970 AMQ 51304 b
25367	25367	SB0280 - 711 - LRB103 24970 AMQ 51304 b
25368	25368	1 (3) any potential breach of the relevant sports
25369	25369	2 governing body's internal rules and codes of conduct
25370	25370	3 pertaining to sports wagering that a licensee has
25371	25371	4 knowledge of;
25372	25372	5 (4) any other conduct that corrupts a wagering outcome
25373	25373	6 of a sports event or sports events for purposes of
25374	25374	7 financial gain, including match fixing; and
25375	25375	8 (5) suspicious or illegal wagering activities,
25376	25376	9 including use of funds derived from illegal activity,
25377	25377	10 wagers to conceal or launder funds derived from illegal
25378	25378	11 activity, using agents to place wagers, and using false
25379	25379	12 identification.
25380	25380	13 A master sports wagering licensee shall also make
25381	25381	14 commercially reasonable efforts to promptly report information
25382	25382	15 relating to conduct described in paragraphs (2), (3), and (4)
25383	25383	16 of this subsection (i) to the relevant sports governing body.
25384	25384	17 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
25385	25385	18 (230 ILCS 45/25-20)
25386	25386	19 Sec. 25-20. Licenses required.
25387	25387	20 (a) No person may engage in any activity in connection
25388	25388	21 with sports wagering in this State unless all necessary
25389	25389	22 licenses have been obtained in accordance with this Act and
25390	25390	23 the rules of the Division Board and the Department. The
25391	25391	24 following licenses shall be issued under this Act:
25392	25392	25 (1) master sports wagering license;
25393	25393
25394	25394
25395	25395
25396	25396
25397	25397
25398	25398	SB0280 - 711 - LRB103 24970 AMQ 51304 b
25399	25399
25400	25400
25401	25401	SB0280- 712 -LRB103 24970 AMQ 51304 b SB0280 - 712 - LRB103 24970 AMQ 51304 b
25402	25402	SB0280 - 712 - LRB103 24970 AMQ 51304 b
25403	25403	1 (2) occupational license;
25404	25404	2 (3) supplier license;
25405	25405	3 (4) management services provider license;
25406	25406	4 (5) tier 2 official league data provider license; and
25407	25407	5 (6) central system provider license.
25408	25408	6 No person or entity may engage in a sports wagering
25409	25409	7 operation or activity without first obtaining the appropriate
25410	25410	8 license.
25411	25411	9 (b) An applicant for a license issued under this Act shall
25412	25412	10 submit an application to the Division Board in the form the
25413	25413	11 Division Board requires. The applicant shall submit
25414	25414	12 fingerprints for a national criminal records check by the
25415	25415	13 Illinois State Police and the Federal Bureau of Investigation.
25416	25416	14 The fingerprints shall be furnished by the applicant's owners,
25417	25417	15 officers, and directors (if a corporation), managers and
25418	25418	16 members (if a limited liability company), and partners (if a
25419	25419	17 partnership). The fingerprints shall be accompanied by a
25420	25420	18 signed authorization for the release of information by the
25421	25421	19 Federal Bureau of Investigation. The Division Board may
25422	25422	20 require additional background checks on licensees when they
25423	25423	21 apply for license renewal, and an applicant convicted of a
25424	25424	22 disqualifying offense shall not be licensed.
25425	25425	23 (c) Each master sports wagering licensee shall display the
25426	25426	24 license conspicuously in the licensee's place of business or
25427	25427	25 have the license available for inspection by an agent of the
25428	25428	26 Division Board or a law enforcement agency.
25429	25429
25430	25430
25431	25431
25432	25432
25433	25433
25434	25434	SB0280 - 712 - LRB103 24970 AMQ 51304 b
25435	25435
25436	25436
25437	25437	SB0280- 713 -LRB103 24970 AMQ 51304 b SB0280 - 713 - LRB103 24970 AMQ 51304 b
25438	25438	SB0280 - 713 - LRB103 24970 AMQ 51304 b
25439	25439	1 (d) Each holder of an occupational license shall carry the
25440	25440	2 license and have some indicia of licensure prominently
25441	25441	3 displayed on his or her person when present in a gaming
25442	25442	4 facility licensed under this Act at all times, in accordance
25443	25443	5 with the rules of the Division Board.
25444	25444	6 (e) Each person licensed under this Act shall give the
25445	25445	7 Division Board written notice within 30 days after a material
25446	25446	8 change to information provided in the licensee's application
25447	25447	9 for a license or renewal.
25448	25448	10 (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;
25449	25449	11 102-538, eff. 8-20-21.)
25450	25450	12 (230 ILCS 45/25-25)
25451	25451	13 Sec. 25-25. Sports wagering authorized.
25452	25452	14 (a) Notwithstanding any provision of law to the contrary,
25453	25453	15 the operation of sports wagering is only lawful when conducted
25454	25454	16 in accordance with the provisions of this Act and the rules of
25455	25455	17 the Department of Lottery and Gaming Illinois Gaming Board and
25456	25456	18 the Department of the Lottery.
25457	25457	19 (b) A person placing a wager under this Act shall be at
25458	25458	20 least 21 years of age.
25459	25459	21 (c) A licensee under this Act may not accept a wager on a
25460	25460	22 minor league sports event.
25461	25461	23 (d) Except as otherwise provided in this Section, a
25462	25462	24 licensee under this Act may not accept a wager for a sports
25463	25463	25 event involving an Illinois collegiate team.
25464	25464
25465	25465
25466	25466
25467	25467
25468	25468
25469	25469	SB0280 - 713 - LRB103 24970 AMQ 51304 b
25470	25470
25471	25471
25472	25472	SB0280- 714 -LRB103 24970 AMQ 51304 b SB0280 - 714 - LRB103 24970 AMQ 51304 b
25473	25473	SB0280 - 714 - LRB103 24970 AMQ 51304 b
25474	25474	1 (d-5) Beginning on the effective date of this amendatory
25475	25475	2 Act of the 102nd General Assembly until July 1, 2023, a
25476	25476	3 licensee under this Act may accept a wager for a sports event
25477	25477	4 involving an Illinois collegiate team if:
25478	25478	5 (1) the wager is a tier 1 wager;
25479	25479	6 (2) the wager is not related to an individual
25480	25480	7 athlete's performance; and
25481	25481	8 (3) the wager is made in person instead of over the
25482	25482	9 Internet or through a mobile application.
25483	25483	10 (e) A licensee under this Act may only accept a wager from
25484	25484	11 a person physically located in the State.
25485	25485	12 (f) Master sports wagering licensees may use any data
25486	25486	13 source for determining the results of all tier 1 sports
25487	25487	14 wagers.
25488	25488	15 (g) A sports governing body headquartered in the United
25489	25489	16 States may notify the Division Board that it desires to supply
25490	25490	17 official league data to master sports wagering licensees for
25491	25491	18 determining the results of tier 2 sports wagers. Such
25492	25492	19 notification shall be made in the form and manner as the
25493	25493	20 Division Board may require. If a sports governing body does
25494	25494	21 not notify the Division Board of its desire to supply official
25495	25495	22 league data, a master sports wagering licensee may use any
25496	25496	23 data source for determining the results of any and all tier 2
25497	25497	24 sports wagers on sports contests for that sports governing
25498	25498	25 body.
25499	25499	26 Within 30 days of a sports governing body notifying the
25500	25500
25501	25501
25502	25502
25503	25503
25504	25504
25505	25505	SB0280 - 714 - LRB103 24970 AMQ 51304 b
25506	25506
25507	25507
25508	25508	SB0280- 715 -LRB103 24970 AMQ 51304 b SB0280 - 715 - LRB103 24970 AMQ 51304 b
25509	25509	SB0280 - 715 - LRB103 24970 AMQ 51304 b
25510	25510	1 Division Board, master sports wagering licensees shall use
25511	25511	2 only official league data to determine the results of tier 2
25512	25512	3 sports wagers on sports events sanctioned by that sports
25513	25513	4 governing body, unless: (1) the sports governing body or
25514	25514	5 designee cannot provide a feed of official league data to
25515	25515	6 determine the results of a particular type of tier 2 sports
25516	25516	7 wager, in which case master sports wagering licensees may use
25517	25517	8 any data source for determining the results of the applicable
25518	25518	9 tier 2 sports wager until such time as such data feed becomes
25519	25519	10 available on commercially reasonable terms; or (2) a master
25520	25520	11 sports wagering licensee can demonstrate to the Division Board
25521	25521	12 that the sports governing body or its designee cannot provide
25522	25522	13 a feed of official league data to the master sports wagering
25523	25523	14 licensee on commercially reasonable terms. During the pendency
25524	25524	15 of the Division's Board's determination, such master sports
25525	25525	16 wagering licensee may use any data source for determining the
25526	25526	17 results of any and all tier 2 sports wagers.
25527	25527	18 (h) A licensee under this Act may not accept wagers on a
25528	25528	19 kindergarten through 12th grade sports event.
25529	25529	20 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
25530	25530	21 (230 ILCS 45/25-30)
25531	25531	22 Sec. 25-30. Master sports wagering license issued to an
25532	25532	23 organization licensee.
25533	25533	24 (a) An organization licensee may apply to the Division
25534	25534	25 Board for a master sports wagering license. To the extent
25535	25535
25536	25536
25537	25537
25538	25538
25539	25539
25540	25540	SB0280 - 715 - LRB103 24970 AMQ 51304 b
25541	25541
25542	25542
25543	25543	SB0280- 716 -LRB103 24970 AMQ 51304 b SB0280 - 716 - LRB103 24970 AMQ 51304 b
25544	25544	SB0280 - 716 - LRB103 24970 AMQ 51304 b
25545	25545	1 permitted by federal and State law, the Division Board shall
25546	25546	2 actively seek to achieve racial, ethnic, and geographic
25547	25547	3 diversity when issuing master sports wagering licenses to
25548	25548	4 organization licensees and encourage minority-owned
25549	25549	5 businesses, women-owned businesses, veteran-owned businesses,
25550	25550	6 and businesses owned by persons with disabilities to apply for
25551	25551	7 licensure. Additionally, the report published under subsection
25552	25552	8 (m) of Section 25-45 shall impact the issuance of the master
25553	25553	9 sports wagering license to the extent permitted by federal and
25554	25554	10 State law.
25555	25555	11 For the purposes of this subsection (a), "minority-owned
25556	25556	12 business", "women-owned business", and "business owned by
25557	25557	13 persons with disabilities" have the meanings given to those
25558	25558	14 terms in Section 2 of the Business Enterprise for Minorities,
25559	25559	15 Women, and Persons with Disabilities Act.
25560	25560	16 (b) Except as otherwise provided in this subsection (b),
25561	25561	17 the initial license fee for a master sports wagering license
25562	25562	18 for an organization licensee is 5% of its handle from the
25563	25563	19 preceding calendar year or the lowest amount that is required
25564	25564	20 to be paid as an initial license fee by an owners licensee
25565	25565	21 under subsection (b) of Section 25-35, whichever is greater.
25566	25566	22 No initial license fee shall exceed $10,000,000. An
25567	25567	23 organization licensee licensed on the effective date of this
25568	25568	24 Act shall pay the initial master sports wagering license fee
25569	25569	25 by July 1, 2021. For an organization licensee licensed after
25570	25570	26 the effective date of this Act, the master sports wagering
25571	25571
25572	25572
25573	25573
25574	25574
25575	25575
25576	25576	SB0280 - 716 - LRB103 24970 AMQ 51304 b
25577	25577
25578	25578
25579	25579	SB0280- 717 -LRB103 24970 AMQ 51304 b SB0280 - 717 - LRB103 24970 AMQ 51304 b
25580	25580	SB0280 - 717 - LRB103 24970 AMQ 51304 b
25581	25581	1 license fee shall be $5,000,000, but the amount shall be
25582	25582	2 adjusted 12 months after the organization licensee begins
25583	25583	3 racing operations based on 5% of its handle from the first 12
25584	25584	4 months of racing operations. The master sports wagering
25585	25585	5 license is valid for 4 years.
25586	25586	6 (c) The organization licensee may renew the master sports
25587	25587	7 wagering license for a period of 4 years by paying a $1,000,000
25588	25588	8 renewal fee to the Division Board.
25589	25589	9 (d) An organization licensee issued a master sports
25590	25590	10 wagering license may conduct sports wagering:
25591	25591	11 (1) at its facility at which inter-track wagering is
25592	25592	12 conducted pursuant to an inter-track wagering license
25593	25593	13 under the Illinois Horse Racing Act of 1975;
25594	25594	14 (2) at 3 inter-track wagering locations if the
25595	25595	15 inter-track wagering location licensee from which it
25596	25596	16 derives its license is an organization licensee that is
25597	25597	17 issued a master sports wagering license; and
25598	25598	18 (3) over the Internet or through a mobile application.
25599	25599	19 (e) The sports wagering offered over the Internet or
25600	25600	20 through a mobile application shall only be offered under
25601	25601	21 either the same brand as the organization licensee is
25602	25602	22 operating under or a brand owned by a direct or indirect
25603	25603	23 holding company that owns at least an 80% interest in that
25604	25604	24 organization licensee on the effective date of this Act.
25605	25605	25 (f) Until issuance of the first license under Section
25606	25606	26 25-45 or March 5, 2022, whichever occurs first, an individual
25607	25607
25608	25608
25609	25609
25610	25610
25611	25611
25612	25612	SB0280 - 717 - LRB103 24970 AMQ 51304 b
25613	25613
25614	25614
25615	25615	SB0280- 718 -LRB103 24970 AMQ 51304 b SB0280 - 718 - LRB103 24970 AMQ 51304 b
25616	25616	SB0280 - 718 - LRB103 24970 AMQ 51304 b
25617	25617	1 must create a sports wagering account in person at a facility
25618	25618	2 under paragraph (1) or (2) of subsection (d) to participate in
25619	25619	3 sports wagering offered over the Internet or through a mobile
25620	25620	4 application.
25621	25621	5 (Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20;
25622	25622	6 102-689, eff. 12-17-21.)
25623	25623	7 (230 ILCS 45/25-35)
25624	25624	8 Sec. 25-35. Master sports wagering license issued to an
25625	25625	9 owners licensee.
25626	25626	10 (a) An owners licensee may apply to the Division Board for
25627	25627	11 a master sports wagering license. To the extent permitted by
25628	25628	12 federal and State law, the Division Board shall actively seek
25629	25629	13 to achieve racial, ethnic, and geographic diversity when
25630	25630	14 issuing master sports wagering licenses to owners licensees
25631	25631	15 and encourage minority-owned businesses, women-owned
25632	25632	16 businesses, veteran-owned businesses, and businesses owned by
25633	25633	17 persons with disabilities to apply for licensure.
25634	25634	18 Additionally, the report published under subsection (m) of
25635	25635	19 Section 25-45 shall impact the issuance of the master sports
25636	25636	20 wagering license to the extent permitted by federal and State
25637	25637	21 law.
25638	25638	22 For the purposes of this subsection (a), "minority-owned
25639	25639	23 business", "women-owned business", and "business owned by
25640	25640	24 persons with disabilities" have the meanings given to those
25641	25641	25 terms in Section 2 of the Business Enterprise for Minorities,
25642	25642
25643	25643
25644	25644
25645	25645
25646	25646
25647	25647	SB0280 - 718 - LRB103 24970 AMQ 51304 b
25648	25648
25649	25649
25650	25650	SB0280- 719 -LRB103 24970 AMQ 51304 b SB0280 - 719 - LRB103 24970 AMQ 51304 b
25651	25651	SB0280 - 719 - LRB103 24970 AMQ 51304 b
25652	25652	1 Women, and Persons with Disabilities Act.
25653	25653	2 (b) Except as otherwise provided in subsection (b-5), the
25654	25654	3 initial license fee for a master sports wagering license for
25655	25655	4 an owners licensee is 5% of its adjusted gross receipts from
25656	25656	5 the preceding calendar year. No initial license fee shall
25657	25657	6 exceed $10,000,000. An owners licensee licensed on the
25658	25658	7 effective date of this Act shall pay the initial master sports
25659	25659	8 wagering license fee by July 1, 2021. The master sports
25660	25660	9 wagering license is valid for 4 years.
25661	25661	10 (b-5) For an owners licensee licensed after the effective
25662	25662	11 date of this Act, the master sports wagering license fee shall
25663	25663	12 be $5,000,000, but the amount shall be adjusted 12 months
25664	25664	13 after the owners licensee begins gambling operations under the
25665	25665	14 Illinois Gambling Act based on 5% of its adjusted gross
25666	25666	15 receipts from the first 12 months of gambling operations. The
25667	25667	16 master sports wagering license is valid for 4 years.
25668	25668	17 (c) The owners licensee may renew the master sports
25669	25669	18 wagering license for a period of 4 years by paying a $1,000,000
25670	25670	19 renewal fee to the Division Board.
25671	25671	20 (d) An owners licensee issued a master sports wagering
25672	25672	21 license may conduct sports wagering:
25673	25673	22 (1) at its facility in this State that is authorized
25674	25674	23 to conduct gambling operations under the Illinois Gambling
25675	25675	24 Act; and
25676	25676	25 (2) over the Internet or through a mobile application.
25677	25677	26 (e) The sports wagering offered over the Internet or
25678	25678
25679	25679
25680	25680
25681	25681
25682	25682
25683	25683	SB0280 - 719 - LRB103 24970 AMQ 51304 b
25684	25684
25685	25685
25686	25686	SB0280- 720 -LRB103 24970 AMQ 51304 b SB0280 - 720 - LRB103 24970 AMQ 51304 b
25687	25687	SB0280 - 720 - LRB103 24970 AMQ 51304 b
25688	25688	1 through a mobile application shall only be offered under
25689	25689	2 either the same brand as the owners licensee is operating
25690	25690	3 under or a brand owned by a direct or indirect holding company
25691	25691	4 that owns at least an 80% interest in that owners licensee on
25692	25692	5 the effective date of this Act.
25693	25693	6 (f) Until issuance of the first license under Section
25694	25694	7 25-45 or March 5, 2022, whichever occurs first, an individual
25695	25695	8 must create a sports wagering account in person at a facility
25696	25696	9 under paragraph (1) of subsection (d) to participate in sports
25697	25697	10 wagering offered over the Internet or through a mobile
25698	25698	11 application.
25699	25699	12 (Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20;
25700	25700	13 102-689, eff. 12-17-21.)
25701	25701	14 (230 ILCS 45/25-40)
25702	25702	15 Sec. 25-40. Master sports wagering license issued to a
25703	25703	16 sports facility.
25704	25704	17 (a) As used in this Section, "designee" means a master
25705	25705	18 sports wagering licensee under Section 25-30, 25-35, or 25-45
25706	25706	19 or a management services provider licensee.
25707	25707	20 (b) A sports facility or a designee contracted to operate
25708	25708	21 sports wagering at or within a 5-block radius of the sports
25709	25709	22 facility may apply to the Division Board for a master sports
25710	25710	23 wagering license. To the extent permitted by federal and State
25711	25711	24 law, the Division Board shall actively seek to achieve racial,
25712	25712	25 ethnic, and geographic diversity when issuing master sports
25713	25713
25714	25714
25715	25715
25716	25716
25717	25717
25718	25718	SB0280 - 720 - LRB103 24970 AMQ 51304 b
25719	25719
25720	25720
25721	25721	SB0280- 721 -LRB103 24970 AMQ 51304 b SB0280 - 721 - LRB103 24970 AMQ 51304 b
25722	25722	SB0280 - 721 - LRB103 24970 AMQ 51304 b
25723	25723	1 wagering licenses to sports facilities or their designees and
25724	25724	2 encourage minority-owned businesses, women-owned businesses,
25725	25725	3 veteran-owned businesses, and businesses owned by persons with
25726	25726	4 disabilities to apply for licensure. Additionally, the report
25727	25727	5 published under subsection (m) of Section 25-45 shall impact
25728	25728	6 the issuance of the master sports wagering license to the
25729	25729	7 extent permitted by federal and State law.
25730	25730	8 For the purposes of this subsection (b), "minority-owned
25731	25731	9 business", "women-owned business", and "business owned by
25732	25732	10 persons with disabilities" have the meanings given to those
25733	25733	11 terms in Section 2 of the Business Enterprise for Minorities,
25734	25734	12 Women, and Persons with Disabilities Act.
25735	25735	13 (c) The Division Board may issue up to 7 master sports
25736	25736	14 wagering licenses to sports facilities or their designees that
25737	25737	15 meet the requirements for licensure as determined by rule by
25738	25738	16 the Division Board. If more than 7 qualified applicants apply
25739	25739	17 for a master sports wagering license under this Section, the
25740	25740	18 licenses shall be granted in the order in which the
25741	25741	19 applications were received. If a license is denied, revoked,
25742	25742	20 or not renewed, the Division Board may begin a new application
25743	25743	21 process and issue a license under this Section in the order in
25744	25744	22 which the application was received.
25745	25745	23 (d) The initial license fee for a master sports wagering
25746	25746	24 license for a sports facility is $10,000,000. The master
25747	25747	25 sports wagering license is valid for 4 years.
25748	25748	26 (e) The sports facility or its designee may renew the
25749	25749
25750	25750
25751	25751
25752	25752
25753	25753
25754	25754	SB0280 - 721 - LRB103 24970 AMQ 51304 b
25755	25755
25756	25756
25757	25757	SB0280- 722 -LRB103 24970 AMQ 51304 b SB0280 - 722 - LRB103 24970 AMQ 51304 b
25758	25758	SB0280 - 722 - LRB103 24970 AMQ 51304 b
25759	25759	1 master sports wagering license for a period of 4 years by
25760	25760	2 paying a $1,000,000 renewal fee to the Division Board.
25761	25761	3 (f) A sports facility or its designee issued a master
25762	25762	4 sports wagering license may conduct sports wagering at or
25763	25763	5 within a 5-block radius of the sports facility.
25764	25764	6 (g) A sports facility or its designee issued a master
25765	25765	7 sports wagering license may conduct sports wagering over the
25766	25766	8 Internet within the sports facility or within a 5-block radius
25767	25767	9 of the sports facility.
25768	25768	10 (h) The sports wagering offered by a sports facility or
25769	25769	11 its designee over the Internet or through a mobile application
25770	25770	12 shall be offered under the same brand as the sports facility is
25771	25771	13 operating under, the brand the designee is operating under, or
25772	25772	14 a combination thereof.
25773	25773	15 (i) Until issuance of the first license under Section
25774	25774	16 25-45 or March 5, 2022, whichever occurs first, an individual
25775	25775	17 must register in person at a sports facility or the designee's
25776	25776	18 facility to participate in sports wagering offered over the
25777	25777	19 Internet or through a mobile application.
25778	25778	20 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
25779	25779	21 (230 ILCS 45/25-45)
25780	25780	22 Sec. 25-45. Master sports wagering license issued to an
25781	25781	23 online sports wagering operator.
25782	25782	24 (a) The Division Board shall issue 3 master sports
25783	25783	25 wagering licenses to online sports wagering operators for a
25784	25784
25785	25785
25786	25786
25787	25787
25788	25788
25789	25789	SB0280 - 722 - LRB103 24970 AMQ 51304 b
25790	25790
25791	25791
25792	25792	SB0280- 723 -LRB103 24970 AMQ 51304 b SB0280 - 723 - LRB103 24970 AMQ 51304 b
25793	25793	SB0280 - 723 - LRB103 24970 AMQ 51304 b
25794	25794	1 nonrefundable license fee of $20,000,000 pursuant to an open
25795	25795	2 and competitive selection process. The master sports wagering
25796	25796	3 license issued under this Section may be renewed every 4 years
25797	25797	4 upon payment of a $1,000,000 renewal fee. To the extent
25798	25798	5 permitted by federal and State law, the Division Board shall
25799	25799	6 actively seek to achieve racial, ethnic, and geographic
25800	25800	7 diversity when issuing master sports wagering licenses under
25801	25801	8 this Section and encourage minority-owned businesses,
25802	25802	9 women-owned businesses, veteran-owned businesses, and
25803	25803	10 businesses owned by persons with disabilities to apply for
25804	25804	11 licensure.
25805	25805	12 For the purposes of this subsection (a), "minority-owned
25806	25806	13 business", "women-owned business", and "business owned by
25807	25807	14 persons with disabilities" have the meanings given to those
25808	25808	15 terms in Section 2 of the Business Enterprise for Minorities,
25809	25809	16 Women, and Persons with Disabilities Act.
25810	25810	17 (b) Applications for the initial competitive selection
25811	25811	18 occurring after the effective date of this Act shall be
25812	25812	19 received by the Division Board within 540 days after the first
25813	25813	20 license is issued under this Act to qualify. The Division
25814	25814	21 Board shall announce the winning bidders for the initial
25815	25815	22 competitive selection within 630 days after the first license
25816	25816	23 is issued under this Act, and this time frame may be extended
25817	25817	24 at the discretion of the Division Board.
25818	25818	25 (c) The Division Board shall provide public notice of its
25819	25819	26 intent to solicit applications for master sports wagering
25820	25820
25821	25821
25822	25822
25823	25823
25824	25824
25825	25825	SB0280 - 723 - LRB103 24970 AMQ 51304 b
25826	25826
25827	25827
25828	25828	SB0280- 724 -LRB103 24970 AMQ 51304 b SB0280 - 724 - LRB103 24970 AMQ 51304 b
25829	25829	SB0280 - 724 - LRB103 24970 AMQ 51304 b
25830	25830	1 licenses under this Section by posting the notice, application
25831	25831	2 instructions, and materials on its website for at least 30
25832	25832	3 calendar days before the applications are due. Failure by an
25833	25833	4 applicant to submit all required information may result in the
25834	25834	5 application being disqualified. The Division Board may notify
25835	25835	6 an applicant that its application is incomplete and provide an
25836	25836	7 opportunity to cure by rule. Application instructions shall
25837	25837	8 include a brief overview of the selection process and how
25838	25838	9 applications are scored.
25839	25839	10 (d) To be eligible for a master sports wagering license
25840	25840	11 under this Section, an applicant must: (1) be at least 21 years
25841	25841	12 of age; (2) not have been convicted of a felony offense or a
25842	25842	13 violation of Article 28 of the Criminal Code of 1961 or the
25843	25843	14 Criminal Code of 2012 or a similar statute of any other
25844	25844	15 jurisdiction; (3) not have been convicted of a crime involving
25845	25845	16 dishonesty or moral turpitude; (4) have demonstrated a level
25846	25846	17 of skill or knowledge that the Division Board determines to be
25847	25847	18 necessary in order to operate sports wagering; and (5) have
25848	25848	19 met standards for the holding of a license as adopted by rules
25849	25849	20 of the Division Board.
25850	25850	21 The Division Board may adopt rules to establish additional
25851	25851	22 qualifications and requirements to preserve the integrity and
25852	25852	23 security of sports wagering in this State and to promote and
25853	25853	24 maintain a competitive sports wagering market. After the close
25854	25854	25 of the application period, the Division Board shall determine
25855	25855	26 whether the applications meet the mandatory minimum
25856	25856
25857	25857
25858	25858
25859	25859
25860	25860
25861	25861	SB0280 - 724 - LRB103 24970 AMQ 51304 b
25862	25862
25863	25863
25864	25864	SB0280- 725 -LRB103 24970 AMQ 51304 b SB0280 - 725 - LRB103 24970 AMQ 51304 b
25865	25865	SB0280 - 725 - LRB103 24970 AMQ 51304 b
25866	25866	1 qualification criteria and conduct a comprehensive, fair, and
25867	25867	2 impartial evaluation of all qualified applications.
25868	25868	3 (e) The Division Board shall open all qualified
25869	25869	4 applications in a public forum and disclose the applicants'
25870	25870	5 names. The Division Board shall summarize the terms of the
25871	25871	6 proposals and make the summaries available to the public on
25872	25872	7 its website.
25873	25873	8 (f) Not more than 90 days after the publication of the
25874	25874	9 qualified applications, the Division Board shall identify the
25875	25875	10 winning bidders. In granting the licenses, the Division Board
25876	25876	11 may give favorable consideration to qualified applicants
25877	25877	12 presenting plans that provide for economic development and
25878	25878	13 community engagement. To the extent permitted by federal and
25879	25879	14 State law, the Division Board may give favorable consideration
25880	25880	15 to qualified applicants demonstrating commitment to diversity
25881	25881	16 in the workplace.
25882	25882	17 (g) Upon selection of the winning bidders, the Division
25883	25883	18 Board shall have a reasonable period of time to ensure
25884	25884	19 compliance with all applicable statutory and regulatory
25885	25885	20 criteria before issuing the licenses. If the Division Board
25886	25886	21 determines a winning bidder does not satisfy all applicable
25887	25887	22 statutory and regulatory criteria, the Division Board shall
25888	25888	23 select another bidder from the remaining qualified applicants.
25889	25889	24 (h) Nothing in this Section is intended to confer a
25890	25890	25 property or other right, duty, privilege, or interest
25891	25891	26 entitling an applicant to an administrative hearing upon
25892	25892
25893	25893
25894	25894
25895	25895
25896	25896
25897	25897	SB0280 - 725 - LRB103 24970 AMQ 51304 b
25898	25898
25899	25899
25900	25900	SB0280- 726 -LRB103 24970 AMQ 51304 b SB0280 - 726 - LRB103 24970 AMQ 51304 b
25901	25901	SB0280 - 726 - LRB103 24970 AMQ 51304 b
25902	25902	1 denial of an application.
25903	25903	2 (i) Upon issuance of a master sports wagering license to a
25904	25904	3 winning bidder, the information and plans provided in the
25905	25905	4 application become a condition of the license. A master sports
25906	25906	5 wagering licensee under this Section has a duty to disclose
25907	25907	6 any material changes to the application. Failure to comply
25908	25908	7 with the conditions or requirements in the application may
25909	25909	8 subject the master sports wagering licensee under this Section
25910	25910	9 to discipline, including, but not limited to, fines,
25911	25911	10 suspension, and revocation of its license, pursuant to rules
25912	25912	11 adopted by the Division Board.
25913	25913	12 (j) The Division Board shall disseminate information about
25914	25914	13 the licensing process through media demonstrated to reach
25915	25915	14 large numbers of business owners and entrepreneurs who are
25916	25916	15 minorities, women, veterans, and persons with disabilities.
25917	25917	16 (k) The Department of Commerce and Economic Opportunity,
25918	25918	17 in conjunction with the Division Board, shall conduct ongoing,
25919	25919	18 thorough, and comprehensive outreach to businesses owned by
25920	25920	19 minorities, women, veterans, and persons with disabilities
25921	25921	20 about contracting and entrepreneurial opportunities in sports
25922	25922	21 wagering. This outreach shall include, but not be limited to:
25923	25923	22 (1) cooperating and collaborating with other State
25924	25924	23 boards, commissions, and agencies; public and private
25925	25925	24 universities and community colleges; and local governments
25926	25926	25 to target outreach efforts; and
25927	25927	26 (2) working with organizations serving minorities,
25928	25928
25929	25929
25930	25930
25931	25931
25932	25932
25933	25933	SB0280 - 726 - LRB103 24970 AMQ 51304 b
25934	25934
25935	25935
25936	25936	SB0280- 727 -LRB103 24970 AMQ 51304 b SB0280 - 727 - LRB103 24970 AMQ 51304 b
25937	25937	SB0280 - 727 - LRB103 24970 AMQ 51304 b
25938	25938	1 women, and persons with disabilities to establish and
25939	25939	2 conduct training for employment in sports wagering.
25940	25940	3 (l) The Division Board shall partner with the Department
25941	25941	4 of Labor, the Department of Financial and Professional
25942	25942	5 Regulation, and the Department of Commerce and Economic
25943	25943	6 Opportunity to identify employment opportunities within the
25944	25944	7 sports wagering industry for job seekers and dislocated
25945	25945	8 workers.
25946	25946	9 (m) By March 1, 2020, the Board shall prepare a request for
25947	25947	10 proposals to conduct a study of the online sports wagering
25948	25948	11 industry and market to determine whether there is a compelling
25949	25949	12 interest in implementing remedial measures, including the
25950	25950	13 application of the Business Enterprise Program under the
25951	25951	14 Business Enterprise for Minorities, Women, and Persons with
25952	25952	15 Disabilities Act or a similar program to assist minorities,
25953	25953	16 women, and persons with disabilities in the sports wagering
25954	25954	17 industry.
25955	25955	18 As a part of the study, the Board shall evaluate race and
25956	25956	19 gender-neutral programs or other methods that may be used to
25957	25957	20 address the needs of minority and women applicants and
25958	25958	21 minority-owned and women-owned businesses seeking to
25959	25959	22 participate in the sports wagering industry. The Board shall
25960	25960	23 submit to the General Assembly and publish on its website the
25961	25961	24 results of this study by August 1, 2020.
25962	25962	25 If, as a result of the study conducted under this
25963	25963	26 subsection (m), the Board, or its successor agency, finds that
25964	25964
25965	25965
25966	25966
25967	25967
25968	25968
25969	25969	SB0280 - 727 - LRB103 24970 AMQ 51304 b
25970	25970
25971	25971
25972	25972	SB0280- 728 -LRB103 24970 AMQ 51304 b SB0280 - 728 - LRB103 24970 AMQ 51304 b
25973	25973	SB0280 - 728 - LRB103 24970 AMQ 51304 b
25974	25974	1 there is a compelling interest in implementing remedial
25975	25975	2 measures, the Board, or its successor agency, may adopt rules,
25976	25976	3 including emergency rules, to implement remedial measures, if
25977	25977	4 necessary and to the extent permitted by State and federal
25978	25978	5 law, based on the findings of the study conducted under this
25979	25979	6 subsection (m).
25980	25980	7 (Source: P.A. 101-31, eff. 6-28-19.)
25981	25981	8 (230 ILCS 45/25-50)
25982	25982	9 Sec. 25-50. Supplier license.
25983	25983	10 (a) The Division Board may issue a supplier license to a
25984	25984	11 person to sell or lease sports wagering equipment, systems, or
25985	25985	12 other gaming items to conduct sports wagering and offer
25986	25986	13 services related to the equipment or other gaming items and
25987	25987	14 data to a master sports wagering licensee while the license is
25988	25988	15 active.
25989	25989	16 (b) The Division Board may adopt rules establishing
25990	25990	17 additional requirements for a supplier and any system or other
25991	25991	18 equipment utilized for sports wagering. The Division Board may
25992	25992	19 accept licensing by another jurisdiction that it specifically
25993	25993	20 determines to have similar licensing requirements as evidence
25994	25994	21 the applicant meets supplier licensing requirements.
25995	25995	22 (c) An applicant for a supplier license shall demonstrate
25996	25996	23 that the equipment, system, or services that the applicant
25997	25997	24 plans to offer to the master sports wagering licensee conforms
25998	25998	25 to standards established by the Division Board and applicable
25999	25999
26000	26000
26001	26001
26002	26002
26003	26003
26004	26004	SB0280 - 728 - LRB103 24970 AMQ 51304 b
26005	26005
26006	26006
26007	26007	SB0280- 729 -LRB103 24970 AMQ 51304 b SB0280 - 729 - LRB103 24970 AMQ 51304 b
26008	26008	SB0280 - 729 - LRB103 24970 AMQ 51304 b
26009	26009	1 State law. The Division Board may accept approval by another
26010	26010	2 jurisdiction that it specifically determines have similar
26011	26011	3 equipment standards as evidence the applicant meets the
26012	26012	4 standards established by the Division Board and applicable
26013	26013	5 State law.
26014	26014	6 (d) Applicants shall pay to the Division Board a
26015	26015	7 nonrefundable license and application fee in the amount of
26016	26016	8 $150,000. Except as provided by Section 8.1 of the Illinois
26017	26017	9 Gambling Act, the initial supplier license shall be issued for
26018	26018	10 4 years unless sooner canceled or terminated. After the
26019	26019	11 initial period, the Division Board shall renew supplier
26020	26020	12 licenses for additional 4-year periods unless sooner canceled
26021	26021	13 or terminated. Renewal of a supplier license shall be granted
26022	26022	14 to a renewal applicant who has continued to comply with all
26023	26023	15 applicable statutory and regulatory requirements. Beginning 4
26024	26024	16 years after issuance of the initial supplier license, a holder
26025	26025	17 of a supplier license shall pay a $150,000 annual license fee.
26026	26026	18 (e) A supplier shall submit to the Division Board a list of
26027	26027	19 all sports wagering equipment and services sold, delivered, or
26028	26028	20 offered to a master sports wagering licensee in this State, as
26029	26029	21 required by the Division Board, all of which must be tested and
26030	26030	22 approved by an independent testing laboratory approved by the
26031	26031	23 Division Board. A master sports wagering licensee may continue
26032	26032	24 to use supplies acquired from a licensed supplier, even if a
26033	26033	25 supplier's license expires or is otherwise canceled, unless
26034	26034	26 the Division Board finds a defect in the supplies.
26035	26035
26036	26036
26037	26037
26038	26038
26039	26039
26040	26040	SB0280 - 729 - LRB103 24970 AMQ 51304 b
26041	26041
26042	26042
26043	26043	SB0280- 730 -LRB103 24970 AMQ 51304 b SB0280 - 730 - LRB103 24970 AMQ 51304 b
26044	26044	SB0280 - 730 - LRB103 24970 AMQ 51304 b
26045	26045	1 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
26046	26046	2 (230 ILCS 45/25-55)
26047	26047	3 Sec. 25-55. Management services provider license.
26048	26048	4 (a) A master sports wagering licensee may contract with an
26049	26049	5 entity to conduct that operation in accordance with the rules
26050	26050	6 of the Division Board and the provisions of this Act. That
26051	26051	7 entity shall obtain a license as a management services
26052	26052	8 provider before the execution of any such contract, and the
26053	26053	9 management services provider license shall be issued pursuant
26054	26054	10 to the provisions of this Act and any rules adopted by the
26055	26055	11 Division Board.
26056	26056	12 (b) Each applicant for a management services provider
26057	26057	13 license shall meet all requirements for licensure and pay a
26058	26058	14 nonrefundable license and application fee of $1,000,000. The
26059	26059	15 Division Board may adopt rules establishing additional
26060	26060	16 requirements for an authorized management services provider.
26061	26061	17 The Division Board may accept licensing by another
26062	26062	18 jurisdiction that it specifically determines to have similar
26063	26063	19 licensing requirements as evidence the applicant meets
26064	26064	20 authorized management services provider licensing
26065	26065	21 requirements.
26066	26066	22 (c) Management services provider licenses shall be renewed
26067	26067	23 every 4 years to licensees who continue to be in compliance
26068	26068	24 with all requirements and who pay the renewal fee of $500,000.
26069	26069	25 (d) A person who shares in revenue shall be licensed under
26070	26070
26071	26071
26072	26072
26073	26073
26074	26074
26075	26075	SB0280 - 730 - LRB103 24970 AMQ 51304 b
26076	26076
26077	26077
26078	26078	SB0280- 731 -LRB103 24970 AMQ 51304 b SB0280 - 731 - LRB103 24970 AMQ 51304 b
26079	26079	SB0280 - 731 - LRB103 24970 AMQ 51304 b
26080	26080	1 this Section.
26081	26081	2 (Source: P.A. 101-31, eff. 6-28-19.)
26082	26082	3 (230 ILCS 45/25-60)
26083	26083	4 Sec. 25-60. Tier 2 official league data provider license.
26084	26084	5 (a) A sports governing body or a sports league,
26085	26085	6 organization, or association or a vendor authorized by such
26086	26086	7 sports governing body or sports league, organization, or
26087	26087	8 association to distribute tier 2 official league data may
26088	26088	9 apply to the Division Board for a tier 2 official league data
26089	26089	10 provider license.
26090	26090	11 (b) A tier 2 official league data provider licensee may
26091	26091	12 provide a master sports wagering licensee with official league
26092	26092	13 data for tier 2 sports wagers. No sports governing body or
26093	26093	14 sports league, organization, or association or a vendor
26094	26094	15 authorized by such sports governing body or sports league,
26095	26095	16 organization, or association may provide tier 2 official
26096	26096	17 league data to a master sports wagering licensee without a
26097	26097	18 tier 2 official league data provider license.
26098	26098	19 Notwithstanding the provisions of this Section, the
26099	26099	20 licensing and fee requirements of this Section shall not apply
26100	26100	21 if, under subsection (g) of Section 25-25, master sports
26101	26101	22 wagering licensees are not required to use official league
26102	26102	23 data to determine the results of tier 2 sports wagers.
26103	26103	24 (c) The initial license fee for a tier 2 official league
26104	26104	25 data provider license is payable to the Division Board at the
26105	26105
26106	26106
26107	26107
26108	26108
26109	26109
26110	26110	SB0280 - 731 - LRB103 24970 AMQ 51304 b
26111	26111
26112	26112
26113	26113	SB0280- 732 -LRB103 24970 AMQ 51304 b SB0280 - 732 - LRB103 24970 AMQ 51304 b
26114	26114	SB0280 - 732 - LRB103 24970 AMQ 51304 b
26115	26115	1 end of the first year of licensure based on the amount of data
26116	26116	2 sold to master sports wagering licensees as official league
26117	26117	3 data as follows:
26118	26118	4 (1) for data sales up to and including $500,000, the
26119	26119	5 fee is $30,000;
26120	26120	6 (2) for data sales in excess of $500,000 and up to and
26121	26121	7 including $750,000, the fee is $60,000;
26122	26122	8 (3) for data sales in excess of $750,000 and up to and
26123	26123	9 including $1,000,000, the fee is $125,000;
26124	26124	10 (4) for data sales in excess of $1,000,000 and up to
26125	26125	11 and including $1,500,000, the fee is $250,000;
26126	26126	12 (5) for data sales in excess of $1,500,000 and up to
26127	26127	13 and including $2,000,000, the fee is $375,000; and
26128	26128	14 (6) for data sales in excess of $2,000,000, the fee is
26129	26129	15 $500,000.
26130	26130	16 The license is valid for 3 years.
26131	26131	17 (d) The tier 2 official league data provider licensee may
26132	26132	18 renew the license for 3 years by paying a renewal fee to the
26133	26133	19 Division Board based on the amount of data sold to master
26134	26134	20 sports wagering licensees as official league data in the
26135	26135	21 immediately preceding year as provided in paragraphs (1)
26136	26136	22 through (6) of subsection (c).
26137	26137	23 (Source: P.A. 101-31, eff. 6-28-19.)
26138	26138	24 (230 ILCS 45/25-75)
26139	26139	25 Sec. 25-75. Reporting prohibited conduct; investigations
26140	26140
26141	26141
26142	26142
26143	26143
26144	26144
26145	26145	SB0280 - 732 - LRB103 24970 AMQ 51304 b
26146	26146
26147	26147
26148	26148	SB0280- 733 -LRB103 24970 AMQ 51304 b SB0280 - 733 - LRB103 24970 AMQ 51304 b
26149	26149	SB0280 - 733 - LRB103 24970 AMQ 51304 b
26150	26150	1 of prohibited conduct.
26151	26151	2 (a) The Division Board shall establish a hotline or other
26152	26152	3 method of communication that allows any person to
26153	26153	4 confidentially report information about prohibited conduct to
26154	26154	5 the Division Board.
26155	26155	6 (b) The Division Board shall investigate all reasonable
26156	26156	7 allegations of prohibited conduct and refer any allegations it
26157	26157	8 deems credible to the appropriate law enforcement entity.
26158	26158	9 (c) The identity of any reporting person shall remain
26159	26159	10 confidential unless that person authorizes disclosure of his
26160	26160	11 or her identity or until such time as the allegation of
26161	26161	12 prohibited conduct is referred to law enforcement.
26162	26162	13 (d) If the Division Board receives a complaint of
26163	26163	14 prohibited conduct by an athlete, the Division Board shall
26164	26164	15 notify the appropriate sports governing body of the athlete to
26165	26165	16 review the complaint as provided by rule.
26166	26166	17 (e) The Division Board shall adopt emergency rules to
26167	26167	18 administer this Section in accordance with Section 5-45 of the
26168	26168	19 Illinois Administrative Procedure Act.
26169	26169	20 (f) The Division Board shall adopt rules governing
26170	26170	21 investigations of prohibited conduct and referrals to law
26171	26171	22 enforcement entities.
26172	26172	23 (Source: P.A. 101-31, eff. 6-28-19.)
26173	26173	24 (230 ILCS 45/25-85)
26174	26174	25 Sec. 25-85. Supplier diversity goals for sports wagering.
26175	26175
26176	26176
26177	26177
26178	26178
26179	26179
26180	26180	SB0280 - 733 - LRB103 24970 AMQ 51304 b
26181	26181
26182	26182
26183	26183	SB0280- 734 -LRB103 24970 AMQ 51304 b SB0280 - 734 - LRB103 24970 AMQ 51304 b
26184	26184	SB0280 - 734 - LRB103 24970 AMQ 51304 b
26185	26185	1 (a) As used in this Section only, "licensee" means a
26186	26186	2 licensee under this Act other than an occupational licensee.
26187	26187	3 (b) The public policy of this State is to collaboratively
26188	26188	4 work with companies that serve Illinois residents to improve
26189	26189	5 their supplier diversity in a non-antagonistic manner.
26190	26190	6 (c) The Board and the Department shall require all
26191	26191	7 licensees under this Act to submit an annual report by April
26192	26192	8 15, 2020 and every April 15 thereafter, in a searchable Adobe
26193	26193	9 PDF format, on all procurement goals and actual spending for
26194	26194	10 businesses owned by women, minorities, veterans, and persons
26195	26195	11 with disabilities and small business enterprises in the
26196	26196	12 previous calendar year. These goals shall be expressed as a
26197	26197	13 percentage of the total work performed by the entity
26198	26198	14 submitting the report, and the actual spending for all
26199	26199	15 businesses owned by women, minorities, veterans, and persons
26200	26200	16 with disabilities and small business enterprises shall also be
26201	26201	17 expressed as a percentage of the total work performed by the
26202	26202	18 entity submitting the report.
26203	26203	19 (d) Each licensee in its annual report shall include the
26204	26204	20 following information:
26205	26205	21 (1) an explanation of the plan for the next year to
26206	26206	22 increase participation;
26207	26207	23 (2) an explanation of the plan to increase the goals;
26208	26208	24 (3) the areas of procurement each licensee shall be
26209	26209	25 actively seeking more participation in the next year;
26210	26210	26 (4) an outline of the plan to alert and encourage
26211	26211
26212	26212
26213	26213
26214	26214
26215	26215
26216	26216	SB0280 - 734 - LRB103 24970 AMQ 51304 b
26217	26217
26218	26218
26219	26219	SB0280- 735 -LRB103 24970 AMQ 51304 b SB0280 - 735 - LRB103 24970 AMQ 51304 b
26220	26220	SB0280 - 735 - LRB103 24970 AMQ 51304 b
26221	26221	1 potential vendors in that area to seek business from the
26222	26222	2 licensee;
26223	26223	3 (5) an explanation of the challenges faced in finding
26224	26224	4 quality vendors and offer any suggestions for what the
26225	26225	5 Division Board could do to be helpful to identify those
26226	26226	6 vendors;
26227	26227	7 (6) a list of the certifications the licensee
26228	26228	8 recognizes;
26229	26229	9 (7) the point of contact for any potential vendor who
26230	26230	10 wishes to do business with the licensee and explain the
26231	26231	11 process for a vendor to enroll with the licensee as a
26232	26232	12 businesses owned by women, minorities, veterans, or
26233	26233	13 persons with disabilities; and
26234	26234	14 (8) any particular success stories to encourage other
26235	26235	15 licensee to emulate best practices.
26236	26236	16 (e) Each annual report shall include as much
26237	26237	17 State-specific data as possible. If the submitting entity does
26238	26238	18 not submit State-specific data, then the licensee shall
26239	26239	19 include any national data it does have and explain why it could
26240	26240	20 not submit State-specific data and how it intends to do so in
26241	26241	21 future reports, if possible.
26242	26242	22 (f) Each annual report shall include the rules,
26243	26243	23 regulations, and definitions used for the procurement goals in
26244	26244	24 the licensee's annual report.
26245	26245	25 (g) The Division Board, Department, and all licensees
26246	26246	26 shall hold an annual workshop and job fair open to the public
26247	26247
26248	26248
26249	26249
26250	26250
26251	26251
26252	26252	SB0280 - 735 - LRB103 24970 AMQ 51304 b
26253	26253
26254	26254
26255	26255	SB0280- 736 -LRB103 24970 AMQ 51304 b SB0280 - 736 - LRB103 24970 AMQ 51304 b
26256	26256	SB0280 - 736 - LRB103 24970 AMQ 51304 b
26257	26257	1 in 2020 and every year thereafter on the state of supplier
26258	26258	2 diversity to collaboratively seek solutions to structural
26259	26259	3 impediments to achieving stated goals, including testimony
26260	26260	4 from each licensee as well as subject matter experts and
26261	26261	5 advocates. The Board and Department shall publish a database
26262	26262	6 on its website their websites of the point of contact for
26263	26263	7 licensees they regulate under this Act for supplier diversity,
26264	26264	8 along with a list of certifications each licensee recognizes
26265	26265	9 from the information submitted in each annual report. The
26266	26266	10 Board and Department shall publish each annual report on its
26267	26267	11 website their websites and shall maintain each annual report
26268	26268	12 for at least 5 years.
26269	26269	13 (Source: P.A. 101-31, eff. 6-28-19.)
26270	26270	14 (230 ILCS 45/25-90)
26271	26271	15 Sec. 25-90. Tax; Sports Wagering Fund.
26272	26272	16 (a) For the privilege of holding a license to operate
26273	26273	17 sports wagering under this Act, this State shall impose and
26274	26274	18 collect 15% of a master sports wagering licensee's adjusted
26275	26275	19 gross sports wagering receipts from sports wagering. The
26276	26276	20 accrual method of accounting shall be used for purposes of
26277	26277	21 calculating the amount of the tax owed by the licensee.
26278	26278	22 The taxes levied and collected pursuant to this subsection
26279	26279	23 (a) are due and payable to the Division Board no later than the
26280	26280	24 last day of the month following the calendar month in which the
26281	26281	25 adjusted gross sports wagering receipts were received and the
26282	26282
26283	26283
26284	26284
26285	26285
26286	26286
26287	26287	SB0280 - 736 - LRB103 24970 AMQ 51304 b
26288	26288
26289	26289
26290	26290	SB0280- 737 -LRB103 24970 AMQ 51304 b SB0280 - 737 - LRB103 24970 AMQ 51304 b
26291	26291	SB0280 - 737 - LRB103 24970 AMQ 51304 b
26292	26292	1 tax obligation was accrued.
26293	26293	2 (a-5) In addition to the tax imposed under subsection (a)
26294	26294	3 of this Section, for the privilege of holding a license to
26295	26295	4 operate sports wagering under this Act, the State shall impose
26296	26296	5 and collect 2% of the adjusted gross receipts from sports
26297	26297	6 wagers that are placed within a home rule county with a
26298	26298	7 population of over 3,000,000 inhabitants, which shall be paid,
26299	26299	8 subject to appropriation from the General Assembly, from the
26300	26300	9 Sports Wagering Fund to that home rule county for the purpose
26301	26301	10 of enhancing the county's criminal justice system.
26302	26302	11 (b) The Sports Wagering Fund is hereby created as a
26303	26303	12 special fund in the State treasury. Except as otherwise
26304	26304	13 provided in this Act, all moneys collected under this Act by
26305	26305	14 the Division Board shall be deposited into the Sports Wagering
26306	26306	15 Fund. On the 25th of each month, any moneys remaining in the
26307	26307	16 Sports Wagering Fund in excess of the anticipated monthly
26308	26308	17 expenditures from the Fund through the next month, as
26309	26309	18 certified by the Division Board to the State Comptroller,
26310	26310	19 shall be transferred by the State Comptroller and the State
26311	26311	20 Treasurer to the Capital Projects Fund.
26312	26312	21 (c) Beginning with July 2021, and on a monthly basis
26313	26313	22 thereafter, the Division Board shall certify to the State
26314	26314	23 Comptroller the amount of license fees collected in the month
26315	26315	24 for initial licenses issued under this Act, except for
26316	26316	25 occupational licenses. As soon after certification as
26317	26317	26 practicable, the State Comptroller shall direct and the State
26318	26318
26319	26319
26320	26320
26321	26321
26322	26322
26323	26323	SB0280 - 737 - LRB103 24970 AMQ 51304 b
26324	26324
26325	26325
26326	26326	SB0280- 738 -LRB103 24970 AMQ 51304 b SB0280 - 738 - LRB103 24970 AMQ 51304 b
26327	26327	SB0280 - 738 - LRB103 24970 AMQ 51304 b
26328	26328	1 Treasurer shall transfer the certified amount from the Sports
26329	26329	2 Wagering Fund to the Rebuild Illinois Projects Fund.
26330	26330	3 (Source: P.A. 101-31, eff. 6-28-19; 102-16, eff. 6-17-21;
26331	26331	4 102-687, eff. 12-17-21.)
26332	26332	5 (230 ILCS 45/25-100)
26333	26333	6 Sec. 25-100. Voluntary self-exclusion program for sports
26334	26334	7 wagering. Any resident, or non-resident if allowed to
26335	26335	8 participate in sports wagering, may voluntarily prohibit
26336	26336	9 himself or herself from establishing a sports wagering account
26337	26337	10 with a licensee under this Act. The Board and Department shall
26338	26338	11 incorporate the voluntary self-exclusion program for sports
26339	26339	12 wagering into any existing self-exclusion program that it
26340	26340	13 operates on the effective date of this Act.
26341	26341	14 (Source: P.A. 101-31, eff. 6-28-19.)
26342	26342	15 (230 ILCS 45/25-105)
26343	26343	16 Sec. 25-105. Report to General Assembly. On or before
26344	26344	17 January 15, 2021 and every January 15 thereafter, the Division
26345	26345	18 Board shall provide a report to the General Assembly on sports
26346	26346	19 wagering conducted under this Act.
26347	26347	20 (Source: P.A. 101-31, eff. 6-28-19.)
26348	26348	21 Section 160. The State Fair Gaming Act is amended by
26349	26349	22 changing Sections 30-5, 30-10, 30-20, and 30-25 as follows:
26350	26350
26351	26351
26352	26352
26353	26353
26354	26354
26355	26355	SB0280 - 738 - LRB103 24970 AMQ 51304 b
26356	26356
26357	26357
26358	26358	SB0280- 739 -LRB103 24970 AMQ 51304 b SB0280 - 739 - LRB103 24970 AMQ 51304 b
26359	26359	SB0280 - 739 - LRB103 24970 AMQ 51304 b
26360	26360	1 (230 ILCS 50/30-5)
26361	26361	2 Sec. 30-5. Definitions. As used in this Act:
26362	26362	3 "Board" means the Illinois Gaming Board.
26363	26363	4 "Department" means the Department of Agriculture.
26364	26364	5 "Division" means the Division of Video Gaming of the
26365	26365	6 Department of Lottery and Gaming.
26366	26366	7 "State Fair" has the meaning given to that term in the
26367	26367	8 State Fair Act.
26368	26368	9 (Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
26369	26369	10 (230 ILCS 50/30-10)
26370	26370	11 Sec. 30-10. Gaming at the State Fair.
26371	26371	12 (a) The Division Board shall issue a licensed
26372	26372	13 establishment license to the Department to operate video
26373	26373	14 gaming at the Illinois State Fairgrounds and at the DuQuoin
26374	26374	15 State Fairgrounds. The Department shall select, under the
26375	26375	16 Illinois Procurement Code, Division-licensed Board-licensed
26376	26376	17 terminal operators for an operational period not to exceed 3
26377	26377	18 years. At the conclusion of each 3-year cycle, the Illinois
26378	26378	19 Procurement Code shall be used to determine the new terminal
26379	26379	20 operators.
26380	26380	21 (b) Moneys bid by the terminal operators shall be
26381	26381	22 deposited into the State Fairgrounds Capital Improvements and
26382	26382	23 Harness Racing Fund.
26383	26383	24 (Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
26384	26384
26385	26385
26386	26386
26387	26387
26388	26388
26389	26389	SB0280 - 739 - LRB103 24970 AMQ 51304 b
26390	26390
26391	26391
26392	26392	SB0280- 740 -LRB103 24970 AMQ 51304 b SB0280 - 740 - LRB103 24970 AMQ 51304 b
26393	26393	SB0280 - 740 - LRB103 24970 AMQ 51304 b
26394	26394	1 (230 ILCS 50/30-20)
26395	26395	2 Sec. 30-20. Revenue.
26396	26396	3 (a) Notwithstanding any other law to the contrary, a tax
26397	26397	4 is imposed at the rate of 35% of net terminal income received
26398	26398	5 from video gaming under this Act, which shall be remitted to
26399	26399	6 the Division Board and deposited into the State Fairgrounds
26400	26400	7 Capital Improvements and Harness Racing Fund.
26401	26401	8 (b) There is created within the State treasury the State
26402	26402	9 Fairgrounds Capital Improvements and Harness Racing Fund. The
26403	26403	10 Department of Agriculture shall use moneys in the State
26404	26404	11 Fairgrounds Capital Improvements and Harness Racing Fund as
26405	26405	12 follows and in the order of priority:
26406	26406	13 (1) to provide support for a harness race meeting
26407	26407	14 produced by an organization licensee under the Illinois
26408	26408	15 Horse Racing Act of 1975 and which shall consist of up to
26409	26409	16 30 days of live racing per year at the Illinois State
26410	26410	17 Fairgrounds in Springfield;
26411	26411	18 (2) to repair and rehabilitate fairgrounds'
26412	26412	19 backstretch facilities to such a level as determined by
26413	26413	20 the Department of Agriculture to be required to carry out
26414	26414	21 a program of live harness racing; and
26415	26415	22 (3) for the overall repair and rehabilitation of the
26416	26416	23 capital infrastructure of: (i) the Illinois State
26417	26417	24 Fairgrounds in Springfield, and (ii) the DuQuoin State
26418	26418	25 Fairgrounds in DuQuoin, and for no other purpose.
26419	26419	26 Notwithstanding any other law to the contrary, the entire
26420	26420
26421	26421
26422	26422
26423	26423
26424	26424
26425	26425	SB0280 - 740 - LRB103 24970 AMQ 51304 b
26426	26426
26427	26427
26428	26428	SB0280- 741 -LRB103 24970 AMQ 51304 b SB0280 - 741 - LRB103 24970 AMQ 51304 b
26429	26429	SB0280 - 741 - LRB103 24970 AMQ 51304 b
26430	26430	1 State share of tax revenues from the race meetings under
26431	26431	2 paragraph (1) of this subsection (c) shall be reinvested into
26432	26432	3 the State Fairgrounds Capital Improvements and Harness Racing
26433	26433	4 Fund.
26434	26434	5 (Source: P.A. 101-31, eff. 6-28-19.)
26435	26435	6 (230 ILCS 50/30-25)
26436	26436	7 Sec. 30-25. Rules. The Division Board and the Department
26437	26437	8 of Agriculture may adopt rules for the implementation of this
26438	26438	9 Act.
26439	26439	10 (Source: P.A. 101-31, eff. 6-28-19.)
26440	26440	11 Section 165. The Liquor Control Act of 1934 is amended by
26441	26441	12 changing Section 6-30 as follows:
26442	26442	13 (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
26443	26443	14 Sec. 6-30. Notwithstanding any other provision of this
26444	26444	15 Act, the Department of Lottery and Gaming Illinois Gaming
26445	26445	16 Board shall have exclusive authority to establish the hours
26446	26446	17 for sale and consumption of alcoholic liquor on board a
26447	26447	18 riverboat during riverboat gambling excursions and in a casino
26448	26448	19 conducted in accordance with the Illinois Gambling Act.
26449	26449	20 (Source: P.A. 101-31, eff. 6-28-19.)
26450	26450	21 Section 170. The Smoke Free Illinois Act is amended by
26451	26451	22 changing Section 10 as follows:
26452	26452
26453	26453
26454	26454
26455	26455
26456	26456
26457	26457	SB0280 - 741 - LRB103 24970 AMQ 51304 b
26458	26458
26459	26459
26460	26460	SB0280- 742 -LRB103 24970 AMQ 51304 b SB0280 - 742 - LRB103 24970 AMQ 51304 b
26461	26461	SB0280 - 742 - LRB103 24970 AMQ 51304 b
26462	26462	1 (410 ILCS 82/10)
26463	26463	2 Sec. 10. Definitions. In this Act:
26464	26464	3 "Bar" means an establishment that is devoted to the
26465	26465	4 serving of alcoholic beverages for consumption by guests on
26466	26466	5 the premises and that derives no more than 10% of its gross
26467	26467	6 revenue from the sale of food consumed on the premises. "Bar"
26468	26468	7 includes, but is not limited to, taverns, nightclubs, cocktail
26469	26469	8 lounges, adult entertainment facilities, and cabarets.
26470	26470	9 "Department" means the Department of Public Health.
26471	26471	10 "Employee" means a person who is employed by an employer
26472	26472	11 in consideration for direct or indirect monetary wages or
26473	26473	12 profits or a person who volunteers his or her services for a
26474	26474	13 non-profit entity.
26475	26475	14 "Employer" means a person, business, partnership,
26476	26476	15 association, or corporation, including a municipal
26477	26477	16 corporation, trust, or non-profit entity, that employs the
26478	26478	17 services of one or more individual persons.
26479	26479	18 "Enclosed area" means all space between a floor and a
26480	26480	19 ceiling that is enclosed or partially enclosed with (i) solid
26481	26481	20 walls or windows, exclusive of doorways, or (ii) solid walls
26482	26482	21 with partitions and no windows, exclusive of doorways, that
26483	26483	22 extend from the floor to the ceiling, including, without
26484	26484	23 limitation, lobbies and corridors.
26485	26485	24 "Enclosed or partially enclosed sports arena" means any
26486	26486	25 sports pavilion, stadium, gymnasium, health spa, boxing arena,
26487	26487
26488	26488
26489	26489
26490	26490
26491	26491
26492	26492	SB0280 - 742 - LRB103 24970 AMQ 51304 b
26493	26493
26494	26494
26495	26495	SB0280- 743 -LRB103 24970 AMQ 51304 b SB0280 - 743 - LRB103 24970 AMQ 51304 b
26496	26496	SB0280 - 743 - LRB103 24970 AMQ 51304 b
26497	26497	1 swimming pool, roller rink, ice rink, bowling alley, or other
26498	26498	2 similar place where members of the general public assemble to
26499	26499	3 engage in physical exercise or participate in athletic
26500	26500	4 competitions or recreational activities or to witness sports,
26501	26501	5 cultural, recreational, or other events.
26502	26502	6 "Gaming equipment or supplies" means gaming
26503	26503	7 equipment/supplies as defined in the Department of Lottery and
26504	26504	8 Gaming Illinois Gaming Board Rules of the Illinois
26505	26505	9 Administrative Code.
26506	26506	10 "Gaming facility" means an establishment utilized
26507	26507	11 primarily for the purposes of gaming and where gaming
26508	26508	12 equipment or supplies are operated for the purposes of
26509	26509	13 accruing business revenue.
26510	26510	14 "Healthcare facility" means an office or institution
26511	26511	15 providing care or treatment of diseases, whether physical,
26512	26512	16 mental, or emotional, or other medical, physiological, or
26513	26513	17 psychological conditions, including, but not limited to,
26514	26514	18 hospitals, rehabilitation hospitals, weight control clinics,
26515	26515	19 nursing homes, homes for the aging or chronically ill,
26516	26516	20 laboratories, and offices of surgeons, chiropractors, physical
26517	26517	21 therapists, physicians, dentists, and all specialists within
26518	26518	22 these professions. "Healthcare facility" includes all waiting
26519	26519	23 rooms, hallways, private rooms, semiprivate rooms, and wards
26520	26520	24 within healthcare facilities.
26521	26521	25 "Place of employment" means any area under the control of
26522	26522	26 a public or private employer that employees are required to
26523	26523
26524	26524
26525	26525
26526	26526
26527	26527
26528	26528	SB0280 - 743 - LRB103 24970 AMQ 51304 b
26529	26529
26530	26530
26531	26531	SB0280- 744 -LRB103 24970 AMQ 51304 b SB0280 - 744 - LRB103 24970 AMQ 51304 b
26532	26532	SB0280 - 744 - LRB103 24970 AMQ 51304 b
26533	26533	1 enter, leave, or pass through during the course of employment,
26534	26534	2 including, but not limited to entrances and exits to places of
26535	26535	3 employment, including a minimum distance, as set forth in
26536	26536	4 Section 70 of this Act, of 15 feet from entrances, exits,
26537	26537	5 windows that open, and ventilation intakes that serve an
26538	26538	6 enclosed area where smoking is prohibited; offices and work
26539	26539	7 areas; restrooms; conference and classrooms; break rooms and
26540	26540	8 cafeterias; and other common areas. A private residence or
26541	26541	9 home-based business, unless used to provide licensed child
26542	26542	10 care, foster care, adult care, or other similar social service
26543	26543	11 care on the premises, is not a "place of employment", nor are
26544	26544	12 enclosed laboratories, not open to the public, in an
26545	26545	13 accredited university or government facility where the
26546	26546	14 activity of smoking is exclusively conducted for the purpose
26547	26547	15 of medical or scientific health-related research. Rulemaking
26548	26548	16 authority to implement this amendatory Act of the 95th General
26549	26549	17 Assembly, if any, is conditioned on the rules being adopted in
26550	26550	18 accordance with all provisions of the Illinois Administrative
26551	26551	19 Procedure Act and all rules and procedures of the Joint
26552	26552	20 Committee on Administrative Rules; any purported rule not so
26553	26553	21 adopted, for whatever reason, is unauthorized.
26554	26554	22 "Private club" means a not-for-profit association that (1)
26555	26555	23 has been in active and continuous existence for at least 3
26556	26556	24 years prior to the effective date of this amendatory Act of the
26557	26557	25 95th General Assembly, whether incorporated or not, (2) is the
26558	26558	26 owner, lessee, or occupant of a building or portion thereof
26559	26559
26560	26560
26561	26561
26562	26562
26563	26563
26564	26564	SB0280 - 744 - LRB103 24970 AMQ 51304 b
26565	26565
26566	26566
26567	26567	SB0280- 745 -LRB103 24970 AMQ 51304 b SB0280 - 745 - LRB103 24970 AMQ 51304 b
26568	26568	SB0280 - 745 - LRB103 24970 AMQ 51304 b
26569	26569	1 used exclusively for club purposes at all times, (3) is
26570	26570	2 operated solely for a recreational, fraternal, social,
26571	26571	3 patriotic, political, benevolent, or athletic purpose, but not
26572	26572	4 for pecuniary gain, and (4) only sells alcoholic beverages
26573	26573	5 incidental to its operation. For purposes of this definition,
26574	26574	6 "private club" means an organization that is managed by a
26575	26575	7 board of directors, executive committee, or similar body
26576	26576	8 chosen by the members at an annual meeting, has established
26577	26577	9 bylaws, a constitution, or both to govern its activities, and
26578	26578	10 has been granted an exemption from the payment of federal
26579	26579	11 income tax as a club under 26 U.S.C. 501.
26580	26580	12 "Private residence" means the part of a structure used as
26581	26581	13 a dwelling, including, without limitation: a private home,
26582	26582	14 townhouse, condominium, apartment, mobile home, vacation home,
26583	26583	15 cabin, or cottage. For the purposes of this definition, a
26584	26584	16 hotel, motel, inn, resort, lodge, bed and breakfast or other
26585	26585	17 similar public accommodation, hospital, nursing home, or
26586	26586	18 assisted living facility shall not be considered a private
26587	26587	19 residence.
26588	26588	20 "Public place" means that portion of any building or
26589	26589	21 vehicle used by and open to the public, regardless of whether
26590	26590	22 the building or vehicle is owned in whole or in part by private
26591	26591	23 persons or entities, the State of Illinois, or any other
26592	26592	24 public entity and regardless of whether a fee is charged for
26593	26593	25 admission, including a minimum distance, as set forth in
26594	26594	26 Section 70 of this Act, of 15 feet from entrances, exits,
26595	26595
26596	26596
26597	26597
26598	26598
26599	26599
26600	26600	SB0280 - 745 - LRB103 24970 AMQ 51304 b
26601	26601
26602	26602
26603	26603	SB0280- 746 -LRB103 24970 AMQ 51304 b SB0280 - 746 - LRB103 24970 AMQ 51304 b
26604	26604	SB0280 - 746 - LRB103 24970 AMQ 51304 b
26605	26605	1 windows that open, and ventilation intakes that serve an
26606	26606	2 enclosed area where smoking is prohibited. A "public place"
26607	26607	3 does not include a private residence unless the private
26608	26608	4 residence is used to provide licensed child care, foster care,
26609	26609	5 or other similar social service care on the premises. A
26610	26610	6 "public place" includes, but is not limited to, hospitals,
26611	26611	7 restaurants, retail stores, offices, commercial
26612	26612	8 establishments, elevators, indoor theaters, libraries,
26613	26613	9 museums, concert halls, public conveyances, educational
26614	26614	10 facilities, nursing homes, auditoriums, enclosed or partially
26615	26615	11 enclosed sports arenas, meeting rooms, schools, exhibition
26616	26616	12 halls, convention facilities, polling places, private clubs,
26617	26617	13 gaming facilities, all government owned vehicles and
26618	26618	14 facilities, including buildings and vehicles owned, leased, or
26619	26619	15 operated by the State or State subcontract, healthcare
26620	26620	16 facilities or clinics, enclosed shopping centers, retail
26621	26621	17 service establishments, financial institutions, educational
26622	26622	18 facilities, ticket areas, public hearing facilities, public
26623	26623	19 restrooms, waiting areas, lobbies, bars, taverns, bowling
26624	26624	20 alleys, skating rinks, reception areas, and no less than 75%
26625	26625	21 of the sleeping quarters within a hotel, motel, resort, inn,
26626	26626	22 lodge, bed and breakfast, or other similar public
26627	26627	23 accommodation that are rented to guests, but excludes private
26628	26628	24 residences.
26629	26629	25 "Restaurant" means (i) an eating establishment, including,
26630	26630	26 but not limited to, coffee shops, cafeterias, sandwich stands,
26631	26631
26632	26632
26633	26633
26634	26634
26635	26635
26636	26636	SB0280 - 746 - LRB103 24970 AMQ 51304 b
26637	26637
26638	26638
26639	26639	SB0280- 747 -LRB103 24970 AMQ 51304 b SB0280 - 747 - LRB103 24970 AMQ 51304 b
26640	26640	SB0280 - 747 - LRB103 24970 AMQ 51304 b
26641	26641	1 and private and public school cafeterias, that gives or offers
26642	26642	2 for sale food to the public, guests, or employees, and (ii) a
26643	26643	3 kitchen or catering facility in which food is prepared on the
26644	26644	4 premises for serving elsewhere. "Restaurant" includes a bar
26645	26645	5 area within the restaurant.
26646	26646	6 "Retail tobacco store" means a retail establishment that
26647	26647	7 derives more than 80% of its gross revenue from the sale of
26648	26648	8 loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
26649	26649	9 and other smoking devices for burning tobacco and related
26650	26650	10 smoking accessories and in which the sale of other products is
26651	26651	11 merely incidental. "Retail tobacco store" includes an enclosed
26652	26652	12 workplace that manufactures, imports, or distributes tobacco
26653	26653	13 or tobacco products, when, as a necessary and integral part of
26654	26654	14 the process of making, manufacturing, importing, or
26655	26655	15 distributing a tobacco product for the eventual retail sale of
26656	26656	16 that tobacco or tobacco product, tobacco is heated, burned, or
26657	26657	17 smoked, or a lighted tobacco product is tested, provided that
26658	26658	18 the involved business entity: (1) maintains a specially
26659	26659	19 designated area or areas within the workplace for the purpose
26660	26660	20 of the heating, burning, smoking, or lighting activities, and
26661	26661	21 does not create a facility that permits smoking throughout;
26662	26662	22 (2) satisfies the 80% requirement related to gross sales; and
26663	26663	23 (3) delivers tobacco products to consumers, retail
26664	26664	24 establishments, or other wholesale establishments as part of
26665	26665	25 its business. "Retail tobacco store" does not include a
26666	26666	26 tobacco department or section of a larger commercial
26667	26667
26668	26668
26669	26669
26670	26670
26671	26671
26672	26672	SB0280 - 747 - LRB103 24970 AMQ 51304 b
26673	26673
26674	26674
26675	26675	SB0280- 748 -LRB103 24970 AMQ 51304 b SB0280 - 748 - LRB103 24970 AMQ 51304 b
26676	26676	SB0280 - 748 - LRB103 24970 AMQ 51304 b
26677	26677	1 establishment or any establishment with any type of liquor,
26678	26678	2 food, or restaurant license. Rulemaking authority to implement
26679	26679	3 this amendatory Act of the 95th General Assembly, if any, is
26680	26680	4 conditioned on the rules being adopted in accordance with all
26681	26681	5 provisions of the Illinois Administrative Procedure Act and
26682	26682	6 all rules and procedures of the Joint Committee on
26683	26683	7 Administrative Rules; any purported rule not so adopted, for
26684	26684	8 whatever reason, is unauthorized.
26685	26685	9 "Smoke" or "smoking" means the carrying, smoking, burning,
26686	26686	10 inhaling, or exhaling of any kind of lighted pipe, cigar,
26687	26687	11 cigarette, hookah, weed, herbs, or any other lighted smoking
26688	26688	12 equipment. "Smoke" or "smoking" does not include smoking that
26689	26689	13 is associated with a native recognized religious ceremony,
26690	26690	14 ritual, or activity by American Indians that is in accordance
26691	26691	15 with the federal American Indian Religious Freedom Act, 42
26692	26692	16 U.S.C. 1996 and 1996a.
26693	26693	17 "State agency" has the meaning formerly ascribed to it in
26694	26694	18 subsection (a) of Section 3 of the Illinois Purchasing Act
26695	26695	19 (now repealed).
26696	26696	20 "Unit of local government" has the meaning ascribed to it
26697	26697	21 in Section 1 of Article VII of the Illinois Constitution of
26698	26698	22 1970.
26699	26699	23 (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
26700	26700	24 96-797, eff. 1-1-10.)
26701	26701	25 Section 175. The Illinois Equine Infectious Anemia Control
26702	26702
26703	26703
26704	26704
26705	26705
26706	26706
26707	26707	SB0280 - 748 - LRB103 24970 AMQ 51304 b
26708	26708
26709	26709
26710	26710	SB0280- 749 -LRB103 24970 AMQ 51304 b SB0280 - 749 - LRB103 24970 AMQ 51304 b
26711	26711	SB0280 - 749 - LRB103 24970 AMQ 51304 b
26712	26712	1 Act is amended by changing Section 5 as follows:
26713	26713	2 (510 ILCS 65/5) (from Ch. 8, par. 955)
26714	26714	3 Sec. 5. Quarantine and branding of reactors. In the event
26715	26715	4 an Illinois owner voluntarily elects to have his equidae
26716	26716	5 tested and a reactor is found, the reactor shall be (a)
26717	26717	6 quarantined until death or until released by a written notice
26718	26718	7 from the Department and (b) permanently identified with a
26719	26719	8 freezemarking brand which shall be applied by an employee of
26720	26720	9 the Department, a veterinarian in the employ of the Division
26721	26721	10 of Horse Racing of the Department of Lottery and Gaming
26722	26722	11 Illinois Racing Board, or an employee of the Animal and Plant
26723	26723	12 Health Inspection Service of the United States Department of
26724	26724	13 Agriculture or any successor agency. The freezemarking brand
26725	26725	14 shall be not less than 2 inches in height, shall be applied to
26726	26726	15 the left side of the neck of the reactor, and the identifying
26727	26727	16 mark shall be "33" followed by the letter "A" and a number
26728	26728	17 designated by the Department to indicate individual
26729	26729	18 identification.
26730	26730	19 Any animal under 12 months of age which reacts positively
26731	26731	20 to an official test for EIA shall be quarantined and retested
26732	26732	21 at 12 months of age. If positive at that time, it shall be
26733	26733	22 subject to permanent identification as a reactor and continue
26734	26734	23 under quarantine. Foals being nursed by reactor dams shall be
26735	26735	24 quarantined until they are weaned from their dams and have a
26736	26736	25 negative official test for EIA not less than 60 days following
26737	26737
26738	26738
26739	26739
26740	26740
26741	26741
26742	26742	SB0280 - 749 - LRB103 24970 AMQ 51304 b
26743	26743
26744	26744
26745	26745	SB0280- 750 -LRB103 24970 AMQ 51304 b SB0280 - 750 - LRB103 24970 AMQ 51304 b
26746	26746	SB0280 - 750 - LRB103 24970 AMQ 51304 b
26747	26747	1 their weaning.
26748	26748	2 (Source: P.A. 86-223.)
26749	26749	3 Section 180. The Pay-Per-Call Services Consumer Protection
26750	26750	4 Act is amended by changing Section 10 as follows:
26751	26751	5 (815 ILCS 520/10) (from Ch. 134, par. 160)
26752	26752	6 Sec. 10. Rules applicable to the pay-per-call industry.
26753	26753	7 (a) Each sponsor engaged in furnishing any live, recorded,
26754	26754	8 or recorded-interactive audio text information services
26755	26755	9 including, but not limited to, "900" numbers and "976" numbers
26756	26756	10 shall utilize advertising that accurately describes the
26757	26757	11 message content, terms, conditions, and price of the offered
26758	26758	12 service in a clear and understandable manner in all print,
26759	26759	13 broadcast, or telephone advertising and announcements
26760	26760	14 promoting their offers including:
26761	26761	15 (1) The charges for the offer per call or per minute.
26762	26762	16 (2) Any geographic, time of day, or other limitations
26763	26763	17 on the availability of the offer.
26764	26764	18 (3) A requirement that callers under 12 years of age
26765	26765	19 must request parental or adult guardian permission before
26766	26766	20 calling to hear the offer.
26767	26767	21 (4) Display the charges in broadcast advertising with
26768	26768	22 the telephone numbers and a voice announcement of the
26769	26769	23 charges during the course of the commercials.
26770	26770	24 (5) Repeated voice announcements of these charges at
26771	26771
26772	26772
26773	26773
26774	26774
26775	26775
26776	26776	SB0280 - 750 - LRB103 24970 AMQ 51304 b
26777	26777
26778	26778
26779	26779	SB0280- 751 -LRB103 24970 AMQ 51304 b SB0280 - 751 - LRB103 24970 AMQ 51304 b
26780	26780	SB0280 - 751 - LRB103 24970 AMQ 51304 b
26781	26781	1 regular intervals for commercials in excess of 2 minutes.
26782	26782	2 (6) Charges for all subsequent calls if the program
26783	26783	3 refers to and requires another pay-per-call.
26784	26784	4 (b) The sponsor shall provide a minimum of 12 seconds of
26785	26785	5 delayed timing for information charges and price disclosure
26786	26786	6 message. If the delayed timing period is exceeded, a consumer
26787	26787	7 shall be billed from the time of the initial connection, and
26788	26788	8 transport charges shall be billed to the information provider
26789	26789	9 from the time of the initial connection. If the consumer
26790	26790	10 disconnects the call within the delayed timing period, no
26791	26791	11 information charge shall be billed to the caller. During the
26792	26792	12 delayed timing period, the sponsor shall inform the consumer
26793	26793	13 of all of the following:
26794	26794	14 (1) An accurate description of the service that will
26795	26795	15 be provided to the caller.
26796	26796	16 (2) An accurate summation of the cost of the service
26797	26797	17 including, but not limited to, all of the following:
26798	26798	18 (A) The initial flat rate charge, if any.
26799	26799	19 (B) The per minute charge, if any.
26800	26800	20 (C) The maximum per call charge.
26801	26801	21 (3) That, if the caller disconnects the call within
26802	26802	22 the delayed timing period, the consumer will not be
26803	26803	23 charged for the call.
26804	26804	24 (4) Before the end of the delayed timing period, that
26805	26805	25 the billing will commence after a stated period of not
26806	26806	26 less than 3 seconds.
26807	26807
26808	26808
26809	26809
26810	26810
26811	26811
26812	26812	SB0280 - 751 - LRB103 24970 AMQ 51304 b
26813	26813
26814	26814
26815	26815	SB0280- 752 -LRB103 24970 AMQ 51304 b SB0280 - 752 - LRB103 24970 AMQ 51304 b
26816	26816	SB0280 - 752 - LRB103 24970 AMQ 51304 b
26817	26817	1 (c) This information shall be provided at the beginning of
26818	26818	2 every call and at least 3 seconds shall be allowed at the end
26819	26819	3 of the message within the delayed timing period for the
26820	26820	4 consumer to hang up without being charged. An introductory
26821	26821	5 message, however, is not required if the cost of the call is $1
26822	26822	6 or less per minute or the total potential cost of the call is
26823	26823	7 $5 or less, or if the call is related to polling services,
26824	26824	8 asynchronous technology or political fundraising.
26825	26825	9 (d) Games of chance must, at a minimum, meet the following
26826	26826	10 criteria:
26827	26827	11 (1) The game must be operated as a means of promoting
26828	26828	12 goods or services other than the game itself.
26829	26829	13 (2) A no-purchase alternative method of participating
26830	26830	14 must be available that provides all entrants, including
26831	26831	15 non-purchasers and pay-per-call users, with an equal
26832	26832	16 chance of winning.
26833	26833	17 (3) The prize may not be financed from the proceeds of
26834	26834	18 the program sponsor's billed charges.
26835	26835	19 (4) The prize amount or value is not dependent on the
26836	26836	20 number of entries received.
26837	26837	21 (e) Game programs billed as pay-per-call shall include in
26838	26838	22 the official rules and, in all broadcasts and print
26839	26839	23 advertising of the game, a complete statement that includes
26840	26840	24 all of the following:
26841	26841	25 (1) Declares no purchase is necessary to play for free
26842	26842	26 or that an alternate means of entry is provided.
26843	26843
26844	26844
26845	26845
26846	26846
26847	26847
26848	26848	SB0280 - 752 - LRB103 24970 AMQ 51304 b
26849	26849
26850	26850
26851	26851	SB0280- 753 -LRB103 24970 AMQ 51304 b SB0280 - 753 - LRB103 24970 AMQ 51304 b
26852	26852	SB0280 - 753 - LRB103 24970 AMQ 51304 b
26853	26853	1 (2) Lists the sponsor's name, starting and closing
26854	26854	2 dates, any age restrictions for the participants, and
26855	26855	3 availability of complete official rules.
26856	26856	4 (3) Provides callers with sufficient information to
26857	26857	5 participate fully in the game.
26858	26858	6 (f) The provisions of subsections (d) and (e) of this
26859	26859	7 Section do not apply to any game of chance sponsored directly
26860	26860	8 or indirectly by the Department of Lottery and Gaming the
26861	26861	9 Lottery.
26862	26862	10 (Source: P.A. 87-452.)
26863	26863	SB0280- 754 -LRB103 24970 AMQ 51304 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act 4 5 ILCS 120/2from Ch. 102, par. 42 5 5 ILCS 315/3from Ch. 48, par. 16036 5 ILCS 430/5-457 5 ILCS 430/5-50 8 15 ILCS 15/3.1 9 20 ILCS 5/5-15was 20 ILCS 5/3 10 20 ILCS 5/5-20was 20 ILCS 5/4 11 20 ILCS 5/5-372 rep.12 20 ILCS 1370/1-5 13 20 ILCS 1605/3from Ch. 120, par. 1153 14 20 ILCS 1605/4from Ch. 120, par. 1154 15 20 ILCS 1605/5from Ch. 120, par. 1155 16 20 ILCS 1605/5.1 17 20 ILCS 1605/7.1from Ch. 120, par. 1157.1 18 20 ILCS 1605/7.2from Ch. 120, par. 1157.2 19 20 ILCS 1605/7.3from Ch. 120, par. 1157.3 20 20 ILCS 1605/7.4from Ch. 120, par. 1157.4 21 20 ILCS 1605/7.5from Ch. 120, par. 1157.5 22 20 ILCS 1605/7.8from Ch. 120, par. 1157.8 23 20 ILCS 1605/7.8afrom Ch. 120, par. 1157.8a 24 20 ILCS 1605/7.11from Ch. 120, par. 1157.11 25 20 ILCS 1605/7.12 SB0280- 755 -LRB103 24970 AMQ 51304 b 1 20 ILCS 1605/7.152 20 ILCS 1605/7.16 3 20 ILCS 1605/8from Ch. 120, par. 1158 4 20 ILCS 1605/9from Ch. 120, par. 1159 5 20 ILCS 1605/9.1 6 20 ILCS 1605/10from Ch. 120, par. 1160 7 20 ILCS 1605/10.1from Ch. 120, par. 1160.1 8 20 ILCS 1605/10.1afrom Ch. 120, par. 1160.1a 9 20 ILCS 1605/10.2from Ch. 120, par. 1160.2 10 20 ILCS 1605/10.3from Ch. 120, par. 1160.3 11 20 ILCS 1605/10.4from Ch. 120, par. 1160.4 12 20 ILCS 1605/10.5from Ch. 120, par. 1160.5 13 20 ILCS 1605/10.6from Ch. 120, par. 1160.6 14 20 ILCS 1605/10.7 15 20 ILCS 1605/10.8 16 20 ILCS 1605/12from Ch. 120, par. 1162 17 20 ILCS 1605/13from Ch. 120, par. 1163 18 20 ILCS 1605/13.1 19 20 ILCS 1605/14from Ch. 120, par. 1164 20 20 ILCS 1605/14.3 21 20 ILCS 1605/14.4 22 20 ILCS 1605/15from Ch. 120, par. 1165 23 20 ILCS 1605/19from Ch. 120, par. 1169 24 20 ILCS 1605/20.1from Ch. 120, par. 1170.1 25 20 ILCS 1605/21from Ch. 120, par. 1171 26 20 ILCS 1605/21.3from Ch. 120, par. 1171.3 SB0280- 756 -LRB103 24970 AMQ 51304 b 1 20 ILCS 1605/21.52 20 ILCS 1605/21.63 20 ILCS 1605/21.74 20 ILCS 1605/21.85 20 ILCS 1605/21.96 20 ILCS 1605/21.107 20 ILCS 1605/21.118 20 ILCS 1605/21.129 20 ILCS 1605/21.13 10 20 ILCS 1605/24from Ch. 120, par. 1174 11 20 ILCS 1605/25from Ch. 120, par. 1175 12 20 ILCS 1605/6 rep.13 20 ILCS 1605/7.6 rep.14 20 ILCS 2310/2310-34715 20 ILCS 2310/2310-348 16 20 ILCS 2505/2505-305was 20 ILCS 2505/39b15.1 17 20 ILCS 2605/2605-485 18 30 ILCS 105/6b-2from Ch. 127, par. 142b2 19 30 ILCS 120/18from Ch. 85, par. 668 20 35 ILCS 5/201 21 40 ILCS 5/1-160 22 40 ILCS 5/4-108.8 23 40 ILCS 5/7-139.8from Ch. 108 1/2, par. 7-139.8 24 40 ILCS 5/9-121.10from Ch. 108 1/2, par. 9-121.10 25 40 ILCS 5/14-110from Ch. 108 1/2, par. 14-110 26 70 ILCS 531/3 SB0280- 757 -LRB103 24970 AMQ 51304 b 1 70 ILCS 1825/5.1from Ch. 19, par. 255.1 2 230 ILCS 5/2from Ch. 8, par. 37-2 3 230 ILCS 5/2.5 4 230 ILCS 5/3.01from Ch. 8, par. 37-3.01 5 230 ILCS 5/3.04from Ch. 8, par. 37-3.04 6 230 ILCS 5/3.07from Ch. 8, par. 37-3.07 7 230 ILCS 5/3.075 8 230 ILCS 5/3.080 9 230 ILCS 5/3.11from Ch. 8, par. 37-3.11 10 230 ILCS 5/3.12from Ch. 8, par. 37-3.12 11 230 ILCS 5/3.13from Ch. 8, par. 37-3.13 12 230 ILCS 5/3.17from Ch. 8, par. 37-3.17 13 230 ILCS 5/3.18from Ch. 8, par. 37-3.18 14 230 ILCS 5/3.19from Ch. 8, par. 37-3.19 15 230 ILCS 5/3.2916 230 ILCS 5/3.35 17 230 ILCS 5/4from Ch. 8, par. 37-4 18 230 ILCS 5/9from Ch. 8, par. 37-9 19 230 ILCS 5/10from Ch. 8, par. 37-10 20 230 ILCS 5/12from Ch. 8, par. 37-12 21 230 ILCS 5/12.1from Ch. 8, par. 37-12.1 22 230 ILCS 5/12.2 23 230 ILCS 5/13from Ch. 8, par. 37-13 24 230 ILCS 5/14from Ch. 8, par. 37-14 25 230 ILCS 5/14afrom Ch. 8, par. 37-14a 26 230 ILCS 5/15from Ch. 8, par. 37-15 SB0280- 758 -LRB103 24970 AMQ 51304 b 1 230 ILCS 5/15.1from Ch. 8, par. 37-15.1 2 230 ILCS 5/15.2from Ch. 8, par. 37-15.2 3 230 ILCS 5/15.3from Ch. 8, par. 37-15.3 4 230 ILCS 5/15.4from Ch. 8, par. 37-15.4 5 230 ILCS 5/15.5 6 230 ILCS 5/16from Ch. 8, par. 37-16 7 230 ILCS 5/18from Ch. 8, par. 37-18 8 230 ILCS 5/19from Ch. 8, par. 37-19 9 230 ILCS 5/19.5 10 230 ILCS 5/20from Ch. 8, par. 37-20 11 230 ILCS 5/20.1 12 230 ILCS 5/21from Ch. 8, par. 37-21 13 230 ILCS 5/23from Ch. 8, par. 37-23 14 230 ILCS 5/24from Ch. 8, par. 37-24 15 230 ILCS 5/25from Ch. 8, par. 37-25 16 230 ILCS 5/26from Ch. 8, par. 37-26 17 230 ILCS 5/26.918 230 ILCS 5/27from Ch. 8, par. 37-2719 230 ILCS 5/27.2 20 230 ILCS 5/28from Ch. 8, par. 37-28 21 230 ILCS 5/28.1 22 230 ILCS 5/30from Ch. 8, par. 37-30 23 230 ILCS 5/30.5 24 230 ILCS 5/31from Ch. 8, par. 37-31 25 230 ILCS 5/31.1from Ch. 8, par. 37-31.1 26 230 ILCS 5/32from Ch. 8, par. 37-32 SB0280- 759 -LRB103 24970 AMQ 51304 b 1 230 ILCS 5/32.1 2 230 ILCS 5/34.3 3 230 ILCS 5/35from Ch. 8, par. 37-35 4 230 ILCS 5/36 from Ch. 8, par. 37-36 5 230 ILCS 5/36afrom Ch. 8, par. 37-36a 6 230 ILCS 5/37from Ch. 8, par. 37-37 7 230 ILCS 5/38from Ch. 8, par. 37-38 8 230 ILCS 5/39from Ch. 8, par. 37-39 9 230 ILCS 5/40from Ch. 8, par. 37-40 10 230 ILCS 5/45from Ch. 8, par. 37-45 11 230 ILCS 5/46from Ch. 8, par. 37-46 12 230 ILCS 5/49from Ch. 8, par. 37-49 13 230 ILCS 5/51from Ch. 8, par. 37-51 14 230 ILCS 5/54.7515 230 ILCS 5/5616 230 ILCS 5/5 rep.17 230 ILCS 5/6 rep.18 230 ILCS 5/7 rep.19 230 ILCS 5/8 rep. 20 230 ILCS 10/2from Ch. 120, par. 2402 21 230 ILCS 10/4from Ch. 120, par. 2404 22 230 ILCS 10/5from Ch. 120, par. 2405 23 230 ILCS 10/5.1from Ch. 120, par. 2405.1 24 230 ILCS 10/5.225 230 ILCS 10/5.3 26 230 ILCS 10/6from Ch. 120, par. 2406 SB0280- 760 -LRB103 24970 AMQ 51304 b 1 230 ILCS 10/7from Ch. 120, par. 2407 2 230 ILCS 10/7.1 3 230 ILCS 10/7.3 4 230 ILCS 10/7.4 5 230 ILCS 10/7.5 6 230 ILCS 10/7.67 230 ILCS 10/7.78 230 ILCS 10/7.109 230 ILCS 10/7.1110 230 ILCS 10/7.12 11 230 ILCS 10/8from Ch. 120, par. 2408 12 230 ILCS 10/9from Ch. 120, par. 2409 13 230 ILCS 10/10from Ch. 120, par. 2410 14 230 ILCS 10/11from Ch. 120, par. 2411 15 230 ILCS 10/11.2 16 230 ILCS 10/12from Ch. 120, par. 2412 17 230 ILCS 10/13from Ch. 120, par. 2413 18 230 ILCS 10/13.05 19 230 ILCS 10/14from Ch. 120, par. 2414 20 230 ILCS 10/15from Ch. 120, par. 2415 21 230 ILCS 10/16from Ch. 120, par. 2416 22 230 ILCS 10/17from Ch. 120, par. 2417 23 230 ILCS 10/17.1from Ch. 120, par. 2417.1 24 230 ILCS 10/18from Ch. 120, par. 2418 25 230 ILCS 10/18.1 26 230 ILCS 10/22from Ch. 120, par. 2422 SB0280- 761 -LRB103 24970 AMQ 51304 b 1 230 ILCS 15/1from Ch. 85, par. 2301 2 230 ILCS 40/5 3 230 ILCS 40/15 4 230 ILCS 40/205 230 ILCS 40/25 6 230 ILCS 40/267 230 ILCS 40/358 230 ILCS 40/439 230 ILCS 40/45 10 230 ILCS 40/5011 230 ILCS 40/5712 230 ILCS 40/5813 230 ILCS 40/6014 230 ILCS 40/7815 230 ILCS 40/7916 230 ILCS 40/79.517 230 ILCS 40/80 18 230 ILCS 45/25-1019 230 ILCS 45/25-1520 230 ILCS 45/25-2021 230 ILCS 45/25-2522 230 ILCS 45/25-3023 230 ILCS 45/25-3524 230 ILCS 45/25-4025 230 ILCS 45/25-4526 230 ILCS 45/25-50 SB0280- 762 -LRB103 24970 AMQ 51304 b SB0280- 754 -LRB103 24970 AMQ 51304 b SB0280 - 754 - LRB103 24970 AMQ 51304 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act 4 5 ILCS 120/2 from Ch. 102, par. 42 5 5 ILCS 315/3 from Ch. 48, par. 1603 6 5 ILCS 430/5-45 7 5 ILCS 430/5-50 8 15 ILCS 15/3.1 9 20 ILCS 5/5-15 was 20 ILCS 5/3 10 20 ILCS 5/5-20 was 20 ILCS 5/4 11 20 ILCS 5/5-372 rep. 12 20 ILCS 1370/1-5 13 20 ILCS 1605/3 from Ch. 120, par. 1153 14 20 ILCS 1605/4 from Ch. 120, par. 1154 15 20 ILCS 1605/5 from Ch. 120, par. 1155 16 20 ILCS 1605/5.1 17 20 ILCS 1605/7.1 from Ch. 120, par. 1157.1 18 20 ILCS 1605/7.2 from Ch. 120, par. 1157.2 19 20 ILCS 1605/7.3 from Ch. 120, par. 1157.3 20 20 ILCS 1605/7.4 from Ch. 120, par. 1157.4 21 20 ILCS 1605/7.5 from Ch. 120, par. 1157.5 22 20 ILCS 1605/7.8 from Ch. 120, par. 1157.8 23 20 ILCS 1605/7.8a from Ch. 120, par. 1157.8a 24 20 ILCS 1605/7.11 from Ch. 120, par. 1157.11 25 20 ILCS 1605/7.12 SB0280- 755 -LRB103 24970 AMQ 51304 b SB0280 - 755 - LRB103 24970 AMQ 51304 b 1 20 ILCS 1605/7.15 2 20 ILCS 1605/7.16 3 20 ILCS 1605/8 from Ch. 120, par. 1158 4 20 ILCS 1605/9 from Ch. 120, par. 1159 5 20 ILCS 1605/9.1 6 20 ILCS 1605/10 from Ch. 120, par. 1160 7 20 ILCS 1605/10.1 from Ch. 120, par. 1160.1 8 20 ILCS 1605/10.1a from Ch. 120, par. 1160.1a 9 20 ILCS 1605/10.2 from Ch. 120, par. 1160.2 10 20 ILCS 1605/10.3 from Ch. 120, par. 1160.3 11 20 ILCS 1605/10.4 from Ch. 120, par. 1160.4 12 20 ILCS 1605/10.5 from Ch. 120, par. 1160.5 13 20 ILCS 1605/10.6 from Ch. 120, par. 1160.6 14 20 ILCS 1605/10.7 15 20 ILCS 1605/10.8 16 20 ILCS 1605/12 from Ch. 120, par. 1162 17 20 ILCS 1605/13 from Ch. 120, par. 1163 18 20 ILCS 1605/13.1 19 20 ILCS 1605/14 from Ch. 120, par. 1164 20 20 ILCS 1605/14.3 21 20 ILCS 1605/14.4 22 20 ILCS 1605/15 from Ch. 120, par. 1165 23 20 ILCS 1605/19 from Ch. 120, par. 1169 24 20 ILCS 1605/20.1 from Ch. 120, par. 1170.1 25 20 ILCS 1605/21 from Ch. 120, par. 1171 26 20 ILCS 1605/21.3 from Ch. 120, par. 1171.3 SB0280- 756 -LRB103 24970 AMQ 51304 b SB0280 - 756 - LRB103 24970 AMQ 51304 b 1 20 ILCS 1605/21.5 2 20 ILCS 1605/21.6 3 20 ILCS 1605/21.7 4 20 ILCS 1605/21.8 5 20 ILCS 1605/21.9 6 20 ILCS 1605/21.10 7 20 ILCS 1605/21.11 8 20 ILCS 1605/21.12 9 20 ILCS 1605/21.13 10 20 ILCS 1605/24 from Ch. 120, par. 1174 11 20 ILCS 1605/25 from Ch. 120, par. 1175 12 20 ILCS 1605/6 rep. 13 20 ILCS 1605/7.6 rep. 14 20 ILCS 2310/2310-347 15 20 ILCS 2310/2310-348 16 20 ILCS 2505/2505-305 was 20 ILCS 2505/39b15.1 17 20 ILCS 2605/2605-485 18 30 ILCS 105/6b-2 from Ch. 127, par. 142b2 19 30 ILCS 120/18 from Ch. 85, par. 668 20 35 ILCS 5/201 21 40 ILCS 5/1-160 22 40 ILCS 5/4-108.8 23 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8 24 40 ILCS 5/9-121.10 from Ch. 108 1/2, par. 9-121.10 25 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 26 70 ILCS 531/3 SB0280- 757 -LRB103 24970 AMQ 51304 b SB0280 - 757 - LRB103 24970 AMQ 51304 b 1 70 ILCS 1825/5.1 from Ch. 19, par. 255.1 2 230 ILCS 5/2 from Ch. 8, par. 37-2 3 230 ILCS 5/2.5 4 230 ILCS 5/3.01 from Ch. 8, par. 37-3.01 5 230 ILCS 5/3.04 from Ch. 8, par. 37-3.04 6 230 ILCS 5/3.07 from Ch. 8, par. 37-3.07 7 230 ILCS 5/3.075 8 230 ILCS 5/3.080 9 230 ILCS 5/3.11 from Ch. 8, par. 37-3.11 10 230 ILCS 5/3.12 from Ch. 8, par. 37-3.12 11 230 ILCS 5/3.13 from Ch. 8, par. 37-3.13 12 230 ILCS 5/3.17 from Ch. 8, par. 37-3.17 13 230 ILCS 5/3.18 from Ch. 8, par. 37-3.18 14 230 ILCS 5/3.19 from Ch. 8, par. 37-3.19 15 230 ILCS 5/3.29 16 230 ILCS 5/3.35 17 230 ILCS 5/4 from Ch. 8, par. 37-4 18 230 ILCS 5/9 from Ch. 8, par. 37-9 19 230 ILCS 5/10 from Ch. 8, par. 37-10 20 230 ILCS 5/12 from Ch. 8, par. 37-12 21 230 ILCS 5/12.1 from Ch. 8, par. 37-12.1 22 230 ILCS 5/12.2 23 230 ILCS 5/13 from Ch. 8, par. 37-13 24 230 ILCS 5/14 from Ch. 8, par. 37-14 25 230 ILCS 5/14a from Ch. 8, par. 37-14a 26 230 ILCS 5/15 from Ch. 8, par. 37-15 SB0280- 758 -LRB103 24970 AMQ 51304 b SB0280 - 758 - LRB103 24970 AMQ 51304 b 1 230 ILCS 5/15.1 from Ch. 8, par. 37-15.1 2 230 ILCS 5/15.2 from Ch. 8, par. 37-15.2 3 230 ILCS 5/15.3 from Ch. 8, par. 37-15.3 4 230 ILCS 5/15.4 from Ch. 8, par. 37-15.4 5 230 ILCS 5/15.5 6 230 ILCS 5/16 from Ch. 8, par. 37-16 7 230 ILCS 5/18 from Ch. 8, par. 37-18 8 230 ILCS 5/19 from Ch. 8, par. 37-19 9 230 ILCS 5/19.5 10 230 ILCS 5/20 from Ch. 8, par. 37-20 11 230 ILCS 5/20.1 12 230 ILCS 5/21 from Ch. 8, par. 37-21 13 230 ILCS 5/23 from Ch. 8, par. 37-23 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 5/26.9 18 230 ILCS 5/27 from Ch. 8, par. 37-27 19 230 ILCS 5/27.2 20 230 ILCS 5/28 from Ch. 8, par. 37-28 21 230 ILCS 5/28.1 22 230 ILCS 5/30 from Ch. 8, par. 37-30 23 230 ILCS 5/30.5 24 230 ILCS 5/31 from Ch. 8, par. 37-31 25 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 26 230 ILCS 5/32 from Ch. 8, par. 37-32 SB0280- 759 -LRB103 24970 AMQ 51304 b SB0280 - 759 - LRB103 24970 AMQ 51304 b 1 230 ILCS 5/32.1 2 230 ILCS 5/34.3 3 230 ILCS 5/35 from Ch. 8, par. 37-35 4 230 ILCS 5/36 from Ch. 8, par. 37-36 5 230 ILCS 5/36a from Ch. 8, par. 37-36a 6 230 ILCS 5/37 from Ch. 8, par. 37-37 7 230 ILCS 5/38 from Ch. 8, par. 37-38 8 230 ILCS 5/39 from Ch. 8, par. 37-39 9 230 ILCS 5/40 from Ch. 8, par. 37-40 10 230 ILCS 5/45 from Ch. 8, par. 37-45 11 230 ILCS 5/46 from Ch. 8, par. 37-46 12 230 ILCS 5/49 from Ch. 8, par. 37-49 13 230 ILCS 5/51 from Ch. 8, par. 37-51 14 230 ILCS 5/54.75 15 230 ILCS 5/56 16 230 ILCS 5/5 rep. 17 230 ILCS 5/6 rep. 18 230 ILCS 5/7 rep. 19 230 ILCS 5/8 rep. 20 230 ILCS 10/2 from Ch. 120, par. 2402 21 230 ILCS 10/4 from Ch. 120, par. 2404 22 230 ILCS 10/5 from Ch. 120, par. 2405 23 230 ILCS 10/5.1 from Ch. 120, par. 2405.1 24 230 ILCS 10/5.2 25 230 ILCS 10/5.3 26 230 ILCS 10/6 from Ch. 120, par. 2406 SB0280- 760 -LRB103 24970 AMQ 51304 b SB0280 - 760 - LRB103 24970 AMQ 51304 b 1 230 ILCS 10/7 from Ch. 120, par. 2407 2 230 ILCS 10/7.1 3 230 ILCS 10/7.3 4 230 ILCS 10/7.4 5 230 ILCS 10/7.5 6 230 ILCS 10/7.6 7 230 ILCS 10/7.7 8 230 ILCS 10/7.10 9 230 ILCS 10/7.11 10 230 ILCS 10/7.12 11 230 ILCS 10/8 from Ch. 120, par. 2408 12 230 ILCS 10/9 from Ch. 120, par. 2409 13 230 ILCS 10/10 from Ch. 120, par. 2410 14 230 ILCS 10/11 from Ch. 120, par. 2411 15 230 ILCS 10/11.2 16 230 ILCS 10/12 from Ch. 120, par. 2412 17 230 ILCS 10/13 from Ch. 120, par. 2413 18 230 ILCS 10/13.05 19 230 ILCS 10/14 from Ch. 120, par. 2414 20 230 ILCS 10/15 from Ch. 120, par. 2415 21 230 ILCS 10/16 from Ch. 120, par. 2416 22 230 ILCS 10/17 from Ch. 120, par. 2417 23 230 ILCS 10/17.1 from Ch. 120, par. 2417.1 24 230 ILCS 10/18 from Ch. 120, par. 2418 25 230 ILCS 10/18.1 26 230 ILCS 10/22 from Ch. 120, par. 2422 SB0280- 761 -LRB103 24970 AMQ 51304 b SB0280 - 761 - LRB103 24970 AMQ 51304 b 1 230 ILCS 15/1 from Ch. 85, par. 2301 2 230 ILCS 40/5 3 230 ILCS 40/15 4 230 ILCS 40/20 5 230 ILCS 40/25 6 230 ILCS 40/26 7 230 ILCS 40/35 8 230 ILCS 40/43 9 230 ILCS 40/45 10 230 ILCS 40/50 11 230 ILCS 40/57 12 230 ILCS 40/58 13 230 ILCS 40/60 14 230 ILCS 40/78 15 230 ILCS 40/79 16 230 ILCS 40/79.5 17 230 ILCS 40/80 18 230 ILCS 45/25-10 19 230 ILCS 45/25-15 20 230 ILCS 45/25-20 21 230 ILCS 45/25-25 22 230 ILCS 45/25-30 23 230 ILCS 45/25-35 24 230 ILCS 45/25-40 25 230 ILCS 45/25-45 26 230 ILCS 45/25-50 SB0280- 762 -LRB103 24970 AMQ 51304 b SB0280 - 762 - LRB103 24970 AMQ 51304 b
26864	26864	SB0280- 754 -LRB103 24970 AMQ 51304 b SB0280 - 754 - LRB103 24970 AMQ 51304 b
26865	26865	SB0280 - 754 - LRB103 24970 AMQ 51304 b
26866	26866	1 INDEX
26867	26867	2 Statutes amended in order of appearance
26868	26868	3 New Act
26869	26869	4 5 ILCS 120/2 from Ch. 102, par. 42
26870	26870	5 5 ILCS 315/3 from Ch. 48, par. 1603
26871	26871	6 5 ILCS 430/5-45
26872	26872	7 5 ILCS 430/5-50
26873	26873	8 15 ILCS 15/3.1
26874	26874	9 20 ILCS 5/5-15 was 20 ILCS 5/3
26875	26875	10 20 ILCS 5/5-20 was 20 ILCS 5/4
26876	26876	11 20 ILCS 5/5-372 rep.
26877	26877	12 20 ILCS 1370/1-5
26878	26878	13 20 ILCS 1605/3 from Ch. 120, par. 1153
26879	26879	14 20 ILCS 1605/4 from Ch. 120, par. 1154
26880	26880	15 20 ILCS 1605/5 from Ch. 120, par. 1155
26881	26881	16 20 ILCS 1605/5.1
26882	26882	17 20 ILCS 1605/7.1 from Ch. 120, par. 1157.1
26883	26883	18 20 ILCS 1605/7.2 from Ch. 120, par. 1157.2
26884	26884	19 20 ILCS 1605/7.3 from Ch. 120, par. 1157.3
26885	26885	20 20 ILCS 1605/7.4 from Ch. 120, par. 1157.4
26886	26886	21 20 ILCS 1605/7.5 from Ch. 120, par. 1157.5
26887	26887	22 20 ILCS 1605/7.8 from Ch. 120, par. 1157.8
26888	26888	23 20 ILCS 1605/7.8a from Ch. 120, par. 1157.8a
26889	26889	24 20 ILCS 1605/7.11 from Ch. 120, par. 1157.11
26890	26890	25 20 ILCS 1605/7.12
26891	26891	SB0280- 755 -LRB103 24970 AMQ 51304 b SB0280 - 755 - LRB103 24970 AMQ 51304 b
26892	26892	SB0280 - 755 - LRB103 24970 AMQ 51304 b
26893	26893	1 20 ILCS 1605/7.15
26894	26894	2 20 ILCS 1605/7.16
26895	26895	3 20 ILCS 1605/8 from Ch. 120, par. 1158
26896	26896	4 20 ILCS 1605/9 from Ch. 120, par. 1159
26897	26897	5 20 ILCS 1605/9.1
26898	26898	6 20 ILCS 1605/10 from Ch. 120, par. 1160
26899	26899	7 20 ILCS 1605/10.1 from Ch. 120, par. 1160.1
26900	26900	8 20 ILCS 1605/10.1a from Ch. 120, par. 1160.1a
26901	26901	9 20 ILCS 1605/10.2 from Ch. 120, par. 1160.2
26902	26902	10 20 ILCS 1605/10.3 from Ch. 120, par. 1160.3
26903	26903	11 20 ILCS 1605/10.4 from Ch. 120, par. 1160.4
26904	26904	12 20 ILCS 1605/10.5 from Ch. 120, par. 1160.5
26905	26905	13 20 ILCS 1605/10.6 from Ch. 120, par. 1160.6
26906	26906	14 20 ILCS 1605/10.7
26907	26907	15 20 ILCS 1605/10.8
26908	26908	16 20 ILCS 1605/12 from Ch. 120, par. 1162
26909	26909	17 20 ILCS 1605/13 from Ch. 120, par. 1163
26910	26910	18 20 ILCS 1605/13.1
26911	26911	19 20 ILCS 1605/14 from Ch. 120, par. 1164
26912	26912	20 20 ILCS 1605/14.3
26913	26913	21 20 ILCS 1605/14.4
26914	26914	22 20 ILCS 1605/15 from Ch. 120, par. 1165
26915	26915	23 20 ILCS 1605/19 from Ch. 120, par. 1169
26916	26916	24 20 ILCS 1605/20.1 from Ch. 120, par. 1170.1
26917	26917	25 20 ILCS 1605/21 from Ch. 120, par. 1171
26918	26918	26 20 ILCS 1605/21.3 from Ch. 120, par. 1171.3
26919	26919	SB0280- 756 -LRB103 24970 AMQ 51304 b SB0280 - 756 - LRB103 24970 AMQ 51304 b
26920	26920	SB0280 - 756 - LRB103 24970 AMQ 51304 b
26921	26921	1 20 ILCS 1605/21.5
26922	26922	2 20 ILCS 1605/21.6
26923	26923	3 20 ILCS 1605/21.7
26924	26924	4 20 ILCS 1605/21.8
26925	26925	5 20 ILCS 1605/21.9
26926	26926	6 20 ILCS 1605/21.10
26927	26927	7 20 ILCS 1605/21.11
26928	26928	8 20 ILCS 1605/21.12
26929	26929	9 20 ILCS 1605/21.13
26930	26930	10 20 ILCS 1605/24 from Ch. 120, par. 1174
26931	26931	11 20 ILCS 1605/25 from Ch. 120, par. 1175
26932	26932	12 20 ILCS 1605/6 rep.
26933	26933	13 20 ILCS 1605/7.6 rep.
26934	26934	14 20 ILCS 2310/2310-347
26935	26935	15 20 ILCS 2310/2310-348
26936	26936	16 20 ILCS 2505/2505-305 was 20 ILCS 2505/39b15.1
26937	26937	17 20 ILCS 2605/2605-485
26938	26938	18 30 ILCS 105/6b-2 from Ch. 127, par. 142b2
26939	26939	19 30 ILCS 120/18 from Ch. 85, par. 668
26940	26940	20 35 ILCS 5/201
26941	26941	21 40 ILCS 5/1-160
26942	26942	22 40 ILCS 5/4-108.8
26943	26943	23 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
26944	26944	24 40 ILCS 5/9-121.10 from Ch. 108 1/2, par. 9-121.10
26945	26945	25 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
26946	26946	26 70 ILCS 531/3
26947	26947	SB0280- 757 -LRB103 24970 AMQ 51304 b SB0280 - 757 - LRB103 24970 AMQ 51304 b
26948	26948	SB0280 - 757 - LRB103 24970 AMQ 51304 b
26949	26949	1 70 ILCS 1825/5.1 from Ch. 19, par. 255.1
26950	26950	2 230 ILCS 5/2 from Ch. 8, par. 37-2
26951	26951	3 230 ILCS 5/2.5
26952	26952	4 230 ILCS 5/3.01 from Ch. 8, par. 37-3.01
26953	26953	5 230 ILCS 5/3.04 from Ch. 8, par. 37-3.04
26954	26954	6 230 ILCS 5/3.07 from Ch. 8, par. 37-3.07
26955	26955	7 230 ILCS 5/3.075
26956	26956	8 230 ILCS 5/3.080
26957	26957	9 230 ILCS 5/3.11 from Ch. 8, par. 37-3.11
26958	26958	10 230 ILCS 5/3.12 from Ch. 8, par. 37-3.12
26959	26959	11 230 ILCS 5/3.13 from Ch. 8, par. 37-3.13
26960	26960	12 230 ILCS 5/3.17 from Ch. 8, par. 37-3.17
26961	26961	13 230 ILCS 5/3.18 from Ch. 8, par. 37-3.18
26962	26962	14 230 ILCS 5/3.19 from Ch. 8, par. 37-3.19
26963	26963	15 230 ILCS 5/3.29
26964	26964	16 230 ILCS 5/3.35
26965	26965	17 230 ILCS 5/4 from Ch. 8, par. 37-4
26966	26966	18 230 ILCS 5/9 from Ch. 8, par. 37-9
26967	26967	19 230 ILCS 5/10 from Ch. 8, par. 37-10
26968	26968	20 230 ILCS 5/12 from Ch. 8, par. 37-12
26969	26969	21 230 ILCS 5/12.1 from Ch. 8, par. 37-12.1
26970	26970	22 230 ILCS 5/12.2
26971	26971	23 230 ILCS 5/13 from Ch. 8, par. 37-13
26972	26972	24 230 ILCS 5/14 from Ch. 8, par. 37-14
26973	26973	25 230 ILCS 5/14a from Ch. 8, par. 37-14a
26974	26974	26 230 ILCS 5/15 from Ch. 8, par. 37-15
26975	26975	SB0280- 758 -LRB103 24970 AMQ 51304 b SB0280 - 758 - LRB103 24970 AMQ 51304 b
26976	26976	SB0280 - 758 - LRB103 24970 AMQ 51304 b
26977	26977	1 230 ILCS 5/15.1 from Ch. 8, par. 37-15.1
26978	26978	2 230 ILCS 5/15.2 from Ch. 8, par. 37-15.2
26979	26979	3 230 ILCS 5/15.3 from Ch. 8, par. 37-15.3
26980	26980	4 230 ILCS 5/15.4 from Ch. 8, par. 37-15.4
26981	26981	5 230 ILCS 5/15.5
26982	26982	6 230 ILCS 5/16 from Ch. 8, par. 37-16
26983	26983	7 230 ILCS 5/18 from Ch. 8, par. 37-18
26984	26984	8 230 ILCS 5/19 from Ch. 8, par. 37-19
26985	26985	9 230 ILCS 5/19.5
26986	26986	10 230 ILCS 5/20 from Ch. 8, par. 37-20
26987	26987	11 230 ILCS 5/20.1
26988	26988	12 230 ILCS 5/21 from Ch. 8, par. 37-21
26989	26989	13 230 ILCS 5/23 from Ch. 8, par. 37-23
26990	26990	14 230 ILCS 5/24 from Ch. 8, par. 37-24
26991	26991	15 230 ILCS 5/25 from Ch. 8, par. 37-25
26992	26992	16 230 ILCS 5/26 from Ch. 8, par. 37-26
26993	26993	17 230 ILCS 5/26.9
26994	26994	18 230 ILCS 5/27 from Ch. 8, par. 37-27
26995	26995	19 230 ILCS 5/27.2
26996	26996	20 230 ILCS 5/28 from Ch. 8, par. 37-28
26997	26997	21 230 ILCS 5/28.1
26998	26998	22 230 ILCS 5/30 from Ch. 8, par. 37-30
26999	26999	23 230 ILCS 5/30.5
27000	27000	24 230 ILCS 5/31 from Ch. 8, par. 37-31
27001	27001	25 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
27002	27002	26 230 ILCS 5/32 from Ch. 8, par. 37-32
27003	27003	SB0280- 759 -LRB103 24970 AMQ 51304 b SB0280 - 759 - LRB103 24970 AMQ 51304 b
27004	27004	SB0280 - 759 - LRB103 24970 AMQ 51304 b
27005	27005	1 230 ILCS 5/32.1
27006	27006	2 230 ILCS 5/34.3
27007	27007	3 230 ILCS 5/35 from Ch. 8, par. 37-35
27008	27008	4 230 ILCS 5/36 from Ch. 8, par. 37-36
27009	27009	5 230 ILCS 5/36a from Ch. 8, par. 37-36a
27010	27010	6 230 ILCS 5/37 from Ch. 8, par. 37-37
27011	27011	7 230 ILCS 5/38 from Ch. 8, par. 37-38
27012	27012	8 230 ILCS 5/39 from Ch. 8, par. 37-39
27013	27013	9 230 ILCS 5/40 from Ch. 8, par. 37-40
27014	27014	10 230 ILCS 5/45 from Ch. 8, par. 37-45
27015	27015	11 230 ILCS 5/46 from Ch. 8, par. 37-46
27016	27016	12 230 ILCS 5/49 from Ch. 8, par. 37-49
27017	27017	13 230 ILCS 5/51 from Ch. 8, par. 37-51
27018	27018	14 230 ILCS 5/54.75
27019	27019	15 230 ILCS 5/56
27020	27020	16 230 ILCS 5/5 rep.
27021	27021	17 230 ILCS 5/6 rep.
27022	27022	18 230 ILCS 5/7 rep.
27023	27023	19 230 ILCS 5/8 rep.
27024	27024	20 230 ILCS 10/2 from Ch. 120, par. 2402
27025	27025	21 230 ILCS 10/4 from Ch. 120, par. 2404
27026	27026	22 230 ILCS 10/5 from Ch. 120, par. 2405
27027	27027	23 230 ILCS 10/5.1 from Ch. 120, par. 2405.1
27028	27028	24 230 ILCS 10/5.2
27029	27029	25 230 ILCS 10/5.3
27030	27030	26 230 ILCS 10/6 from Ch. 120, par. 2406
27031	27031	SB0280- 760 -LRB103 24970 AMQ 51304 b SB0280 - 760 - LRB103 24970 AMQ 51304 b
27032	27032	SB0280 - 760 - LRB103 24970 AMQ 51304 b
27033	27033	1 230 ILCS 10/7 from Ch. 120, par. 2407
27034	27034	2 230 ILCS 10/7.1
27035	27035	3 230 ILCS 10/7.3
27036	27036	4 230 ILCS 10/7.4
27037	27037	5 230 ILCS 10/7.5
27038	27038	6 230 ILCS 10/7.6
27039	27039	7 230 ILCS 10/7.7
27040	27040	8 230 ILCS 10/7.10
27041	27041	9 230 ILCS 10/7.11
27042	27042	10 230 ILCS 10/7.12
27043	27043	11 230 ILCS 10/8 from Ch. 120, par. 2408
27044	27044	12 230 ILCS 10/9 from Ch. 120, par. 2409
27045	27045	13 230 ILCS 10/10 from Ch. 120, par. 2410
27046	27046	14 230 ILCS 10/11 from Ch. 120, par. 2411
27047	27047	15 230 ILCS 10/11.2
27048	27048	16 230 ILCS 10/12 from Ch. 120, par. 2412
27049	27049	17 230 ILCS 10/13 from Ch. 120, par. 2413
27050	27050	18 230 ILCS 10/13.05
27051	27051	19 230 ILCS 10/14 from Ch. 120, par. 2414
27052	27052	20 230 ILCS 10/15 from Ch. 120, par. 2415
27053	27053	21 230 ILCS 10/16 from Ch. 120, par. 2416
27054	27054	22 230 ILCS 10/17 from Ch. 120, par. 2417
27055	27055	23 230 ILCS 10/17.1 from Ch. 120, par. 2417.1
27056	27056	24 230 ILCS 10/18 from Ch. 120, par. 2418
27057	27057	25 230 ILCS 10/18.1
27058	27058	26 230 ILCS 10/22 from Ch. 120, par. 2422
27059	27059	SB0280- 761 -LRB103 24970 AMQ 51304 b SB0280 - 761 - LRB103 24970 AMQ 51304 b
27060	27060	SB0280 - 761 - LRB103 24970 AMQ 51304 b
27061	27061	1 230 ILCS 15/1 from Ch. 85, par. 2301
27062	27062	2 230 ILCS 40/5
27063	27063	3 230 ILCS 40/15
27064	27064	4 230 ILCS 40/20
27065	27065	5 230 ILCS 40/25
27066	27066	6 230 ILCS 40/26
27067	27067	7 230 ILCS 40/35
27068	27068	8 230 ILCS 40/43
27069	27069	9 230 ILCS 40/45
27070	27070	10 230 ILCS 40/50
27071	27071	11 230 ILCS 40/57
27072	27072	12 230 ILCS 40/58
27073	27073	13 230 ILCS 40/60
27074	27074	14 230 ILCS 40/78
27075	27075	15 230 ILCS 40/79
27076	27076	16 230 ILCS 40/79.5
27077	27077	17 230 ILCS 40/80
27078	27078	18 230 ILCS 45/25-10
27079	27079	19 230 ILCS 45/25-15
27080	27080	20 230 ILCS 45/25-20
27081	27081	21 230 ILCS 45/25-25
27082	27082	22 230 ILCS 45/25-30
27083	27083	23 230 ILCS 45/25-35
27084	27084	24 230 ILCS 45/25-40
27085	27085	25 230 ILCS 45/25-45
27086	27086	26 230 ILCS 45/25-50
27087	27087	SB0280- 762 -LRB103 24970 AMQ 51304 b SB0280 - 762 - LRB103 24970 AMQ 51304 b
27088	27088	SB0280 - 762 - LRB103 24970 AMQ 51304 b
27089	27089
27090	27090
27091	27091
27092	27092
27093	27093
27094	27094	SB0280 - 753 - LRB103 24970 AMQ 51304 b
27095	27095
27096	27096
27097	27097
27098	27098	SB0280- 754 -LRB103 24970 AMQ 51304 b SB0280 - 754 - LRB103 24970 AMQ 51304 b
27099	27099	SB0280 - 754 - LRB103 24970 AMQ 51304 b
27100	27100	1 INDEX
27101	27101	2 Statutes amended in order of appearance
27102	27102	3 New Act
27103	27103	4 5 ILCS 120/2 from Ch. 102, par. 42
27104	27104	5 5 ILCS 315/3 from Ch. 48, par. 1603
27105	27105	6 5 ILCS 430/5-45
27106	27106	7 5 ILCS 430/5-50
27107	27107	8 15 ILCS 15/3.1
27108	27108	9 20 ILCS 5/5-15 was 20 ILCS 5/3
27109	27109	10 20 ILCS 5/5-20 was 20 ILCS 5/4
27110	27110	11 20 ILCS 5/5-372 rep.
27111	27111	12 20 ILCS 1370/1-5
27112	27112	13 20 ILCS 1605/3 from Ch. 120, par. 1153
27113	27113	14 20 ILCS 1605/4 from Ch. 120, par. 1154
27114	27114	15 20 ILCS 1605/5 from Ch. 120, par. 1155
27115	27115	16 20 ILCS 1605/5.1
27116	27116	17 20 ILCS 1605/7.1 from Ch. 120, par. 1157.1
27117	27117	18 20 ILCS 1605/7.2 from Ch. 120, par. 1157.2
27118	27118	19 20 ILCS 1605/7.3 from Ch. 120, par. 1157.3
27119	27119	20 20 ILCS 1605/7.4 from Ch. 120, par. 1157.4
27120	27120	21 20 ILCS 1605/7.5 from Ch. 120, par. 1157.5
27121	27121	22 20 ILCS 1605/7.8 from Ch. 120, par. 1157.8
27122	27122	23 20 ILCS 1605/7.8a from Ch. 120, par. 1157.8a
27123	27123	24 20 ILCS 1605/7.11 from Ch. 120, par. 1157.11
27124	27124	25 20 ILCS 1605/7.12
27125	27125
27126	27126
27127	27127
27128	27128
27129	27129
27130	27130	SB0280 - 754 - LRB103 24970 AMQ 51304 b
27131	27131
27132	27132
27133	27133	SB0280- 755 -LRB103 24970 AMQ 51304 b SB0280 - 755 - LRB103 24970 AMQ 51304 b
27134	27134	SB0280 - 755 - LRB103 24970 AMQ 51304 b
27135	27135	1 20 ILCS 1605/7.15
27136	27136	2 20 ILCS 1605/7.16
27137	27137	3 20 ILCS 1605/8 from Ch. 120, par. 1158
27138	27138	4 20 ILCS 1605/9 from Ch. 120, par. 1159
27139	27139	5 20 ILCS 1605/9.1
27140	27140	6 20 ILCS 1605/10 from Ch. 120, par. 1160
27141	27141	7 20 ILCS 1605/10.1 from Ch. 120, par. 1160.1
27142	27142	8 20 ILCS 1605/10.1a from Ch. 120, par. 1160.1a
27143	27143	9 20 ILCS 1605/10.2 from Ch. 120, par. 1160.2
27144	27144	10 20 ILCS 1605/10.3 from Ch. 120, par. 1160.3
27145	27145	11 20 ILCS 1605/10.4 from Ch. 120, par. 1160.4
27146	27146	12 20 ILCS 1605/10.5 from Ch. 120, par. 1160.5
27147	27147	13 20 ILCS 1605/10.6 from Ch. 120, par. 1160.6
27148	27148	14 20 ILCS 1605/10.7
27149	27149	15 20 ILCS 1605/10.8
27150	27150	16 20 ILCS 1605/12 from Ch. 120, par. 1162
27151	27151	17 20 ILCS 1605/13 from Ch. 120, par. 1163
27152	27152	18 20 ILCS 1605/13.1
27153	27153	19 20 ILCS 1605/14 from Ch. 120, par. 1164
27154	27154	20 20 ILCS 1605/14.3
27155	27155	21 20 ILCS 1605/14.4
27156	27156	22 20 ILCS 1605/15 from Ch. 120, par. 1165
27157	27157	23 20 ILCS 1605/19 from Ch. 120, par. 1169
27158	27158	24 20 ILCS 1605/20.1 from Ch. 120, par. 1170.1
27159	27159	25 20 ILCS 1605/21 from Ch. 120, par. 1171
27160	27160	26 20 ILCS 1605/21.3 from Ch. 120, par. 1171.3
27161	27161
27162	27162
27163	27163
27164	27164
27165	27165
27166	27166	SB0280 - 755 - LRB103 24970 AMQ 51304 b
27167	27167
27168	27168
27169	27169	SB0280- 756 -LRB103 24970 AMQ 51304 b SB0280 - 756 - LRB103 24970 AMQ 51304 b
27170	27170	SB0280 - 756 - LRB103 24970 AMQ 51304 b
27171	27171	1 20 ILCS 1605/21.5
27172	27172	2 20 ILCS 1605/21.6
27173	27173	3 20 ILCS 1605/21.7
27174	27174	4 20 ILCS 1605/21.8
27175	27175	5 20 ILCS 1605/21.9
27176	27176	6 20 ILCS 1605/21.10
27177	27177	7 20 ILCS 1605/21.11
27178	27178	8 20 ILCS 1605/21.12
27179	27179	9 20 ILCS 1605/21.13
27180	27180	10 20 ILCS 1605/24 from Ch. 120, par. 1174
27181	27181	11 20 ILCS 1605/25 from Ch. 120, par. 1175
27182	27182	12 20 ILCS 1605/6 rep.
27183	27183	13 20 ILCS 1605/7.6 rep.
27184	27184	14 20 ILCS 2310/2310-347
27185	27185	15 20 ILCS 2310/2310-348
27186	27186	16 20 ILCS 2505/2505-305 was 20 ILCS 2505/39b15.1
27187	27187	17 20 ILCS 2605/2605-485
27188	27188	18 30 ILCS 105/6b-2 from Ch. 127, par. 142b2
27189	27189	19 30 ILCS 120/18 from Ch. 85, par. 668
27190	27190	20 35 ILCS 5/201
27191	27191	21 40 ILCS 5/1-160
27192	27192	22 40 ILCS 5/4-108.8
27193	27193	23 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
27194	27194	24 40 ILCS 5/9-121.10 from Ch. 108 1/2, par. 9-121.10
27195	27195	25 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
27196	27196	26 70 ILCS 531/3
27197	27197
27198	27198
27199	27199
27200	27200
27201	27201
27202	27202	SB0280 - 756 - LRB103 24970 AMQ 51304 b
27203	27203
27204	27204
27205	27205	SB0280- 757 -LRB103 24970 AMQ 51304 b SB0280 - 757 - LRB103 24970 AMQ 51304 b
27206	27206	SB0280 - 757 - LRB103 24970 AMQ 51304 b
27207	27207	1 70 ILCS 1825/5.1 from Ch. 19, par. 255.1
27208	27208	2 230 ILCS 5/2 from Ch. 8, par. 37-2
27209	27209	3 230 ILCS 5/2.5
27210	27210	4 230 ILCS 5/3.01 from Ch. 8, par. 37-3.01
27211	27211	5 230 ILCS 5/3.04 from Ch. 8, par. 37-3.04
27212	27212	6 230 ILCS 5/3.07 from Ch. 8, par. 37-3.07
27213	27213	7 230 ILCS 5/3.075
27214	27214	8 230 ILCS 5/3.080
27215	27215	9 230 ILCS 5/3.11 from Ch. 8, par. 37-3.11
27216	27216	10 230 ILCS 5/3.12 from Ch. 8, par. 37-3.12
27217	27217	11 230 ILCS 5/3.13 from Ch. 8, par. 37-3.13
27218	27218	12 230 ILCS 5/3.17 from Ch. 8, par. 37-3.17
27219	27219	13 230 ILCS 5/3.18 from Ch. 8, par. 37-3.18
27220	27220	14 230 ILCS 5/3.19 from Ch. 8, par. 37-3.19
27221	27221	15 230 ILCS 5/3.29
27222	27222	16 230 ILCS 5/3.35
27223	27223	17 230 ILCS 5/4 from Ch. 8, par. 37-4
27224	27224	18 230 ILCS 5/9 from Ch. 8, par. 37-9
27225	27225	19 230 ILCS 5/10 from Ch. 8, par. 37-10
27226	27226	20 230 ILCS 5/12 from Ch. 8, par. 37-12
27227	27227	21 230 ILCS 5/12.1 from Ch. 8, par. 37-12.1
27228	27228	22 230 ILCS 5/12.2
27229	27229	23 230 ILCS 5/13 from Ch. 8, par. 37-13
27230	27230	24 230 ILCS 5/14 from Ch. 8, par. 37-14
27231	27231	25 230 ILCS 5/14a from Ch. 8, par. 37-14a
27232	27232	26 230 ILCS 5/15 from Ch. 8, par. 37-15
27233	27233
27234	27234
27235	27235
27236	27236
27237	27237
27238	27238	SB0280 - 757 - LRB103 24970 AMQ 51304 b
27239	27239
27240	27240
27241	27241	SB0280- 758 -LRB103 24970 AMQ 51304 b SB0280 - 758 - LRB103 24970 AMQ 51304 b
27242	27242	SB0280 - 758 - LRB103 24970 AMQ 51304 b
27243	27243	1 230 ILCS 5/15.1 from Ch. 8, par. 37-15.1
27244	27244	2 230 ILCS 5/15.2 from Ch. 8, par. 37-15.2
27245	27245	3 230 ILCS 5/15.3 from Ch. 8, par. 37-15.3
27246	27246	4 230 ILCS 5/15.4 from Ch. 8, par. 37-15.4
27247	27247	5 230 ILCS 5/15.5
27248	27248	6 230 ILCS 5/16 from Ch. 8, par. 37-16
27249	27249	7 230 ILCS 5/18 from Ch. 8, par. 37-18
27250	27250	8 230 ILCS 5/19 from Ch. 8, par. 37-19
27251	27251	9 230 ILCS 5/19.5
27252	27252	10 230 ILCS 5/20 from Ch. 8, par. 37-20
27253	27253	11 230 ILCS 5/20.1
27254	27254	12 230 ILCS 5/21 from Ch. 8, par. 37-21
27255	27255	13 230 ILCS 5/23 from Ch. 8, par. 37-23
27256	27256	14 230 ILCS 5/24 from Ch. 8, par. 37-24
27257	27257	15 230 ILCS 5/25 from Ch. 8, par. 37-25
27258	27258	16 230 ILCS 5/26 from Ch. 8, par. 37-26
27259	27259	17 230 ILCS 5/26.9
27260	27260	18 230 ILCS 5/27 from Ch. 8, par. 37-27
27261	27261	19 230 ILCS 5/27.2
27262	27262	20 230 ILCS 5/28 from Ch. 8, par. 37-28
27263	27263	21 230 ILCS 5/28.1
27264	27264	22 230 ILCS 5/30 from Ch. 8, par. 37-30
27265	27265	23 230 ILCS 5/30.5
27266	27266	24 230 ILCS 5/31 from Ch. 8, par. 37-31
27267	27267	25 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
27268	27268	26 230 ILCS 5/32 from Ch. 8, par. 37-32
27269	27269
27270	27270
27271	27271
27272	27272
27273	27273
27274	27274	SB0280 - 758 - LRB103 24970 AMQ 51304 b
27275	27275
27276	27276
27277	27277	SB0280- 759 -LRB103 24970 AMQ 51304 b SB0280 - 759 - LRB103 24970 AMQ 51304 b
27278	27278	SB0280 - 759 - LRB103 24970 AMQ 51304 b
27279	27279	1 230 ILCS 5/32.1
27280	27280	2 230 ILCS 5/34.3
27281	27281	3 230 ILCS 5/35 from Ch. 8, par. 37-35
27282	27282	4 230 ILCS 5/36 from Ch. 8, par. 37-36
27283	27283	5 230 ILCS 5/36a from Ch. 8, par. 37-36a
27284	27284	6 230 ILCS 5/37 from Ch. 8, par. 37-37
27285	27285	7 230 ILCS 5/38 from Ch. 8, par. 37-38
27286	27286	8 230 ILCS 5/39 from Ch. 8, par. 37-39
27287	27287	9 230 ILCS 5/40 from Ch. 8, par. 37-40
27288	27288	10 230 ILCS 5/45 from Ch. 8, par. 37-45
27289	27289	11 230 ILCS 5/46 from Ch. 8, par. 37-46
27290	27290	12 230 ILCS 5/49 from Ch. 8, par. 37-49
27291	27291	13 230 ILCS 5/51 from Ch. 8, par. 37-51
27292	27292	14 230 ILCS 5/54.75
27293	27293	15 230 ILCS 5/56
27294	27294	16 230 ILCS 5/5 rep.
27295	27295	17 230 ILCS 5/6 rep.
27296	27296	18 230 ILCS 5/7 rep.
27297	27297	19 230 ILCS 5/8 rep.
27298	27298	20 230 ILCS 10/2 from Ch. 120, par. 2402
27299	27299	21 230 ILCS 10/4 from Ch. 120, par. 2404
27300	27300	22 230 ILCS 10/5 from Ch. 120, par. 2405
27301	27301	23 230 ILCS 10/5.1 from Ch. 120, par. 2405.1
27302	27302	24 230 ILCS 10/5.2
27303	27303	25 230 ILCS 10/5.3
27304	27304	26 230 ILCS 10/6 from Ch. 120, par. 2406
27305	27305
27306	27306
27307	27307
27308	27308
27309	27309
27310	27310	SB0280 - 759 - LRB103 24970 AMQ 51304 b
27311	27311
27312	27312
27313	27313	SB0280- 760 -LRB103 24970 AMQ 51304 b SB0280 - 760 - LRB103 24970 AMQ 51304 b
27314	27314	SB0280 - 760 - LRB103 24970 AMQ 51304 b
27315	27315	1 230 ILCS 10/7 from Ch. 120, par. 2407
27316	27316	2 230 ILCS 10/7.1
27317	27317	3 230 ILCS 10/7.3
27318	27318	4 230 ILCS 10/7.4
27319	27319	5 230 ILCS 10/7.5
27320	27320	6 230 ILCS 10/7.6
27321	27321	7 230 ILCS 10/7.7
27322	27322	8 230 ILCS 10/7.10
27323	27323	9 230 ILCS 10/7.11
27324	27324	10 230 ILCS 10/7.12
27325	27325	11 230 ILCS 10/8 from Ch. 120, par. 2408
27326	27326	12 230 ILCS 10/9 from Ch. 120, par. 2409
27327	27327	13 230 ILCS 10/10 from Ch. 120, par. 2410
27328	27328	14 230 ILCS 10/11 from Ch. 120, par. 2411
27329	27329	15 230 ILCS 10/11.2
27330	27330	16 230 ILCS 10/12 from Ch. 120, par. 2412
27331	27331	17 230 ILCS 10/13 from Ch. 120, par. 2413
27332	27332	18 230 ILCS 10/13.05
27333	27333	19 230 ILCS 10/14 from Ch. 120, par. 2414
27334	27334	20 230 ILCS 10/15 from Ch. 120, par. 2415
27335	27335	21 230 ILCS 10/16 from Ch. 120, par. 2416
27336	27336	22 230 ILCS 10/17 from Ch. 120, par. 2417
27337	27337	23 230 ILCS 10/17.1 from Ch. 120, par. 2417.1
27338	27338	24 230 ILCS 10/18 from Ch. 120, par. 2418
27339	27339	25 230 ILCS 10/18.1
27340	27340	26 230 ILCS 10/22 from Ch. 120, par. 2422
27341	27341
27342	27342
27343	27343
27344	27344
27345	27345
27346	27346	SB0280 - 760 - LRB103 24970 AMQ 51304 b
27347	27347
27348	27348
27349	27349	SB0280- 761 -LRB103 24970 AMQ 51304 b SB0280 - 761 - LRB103 24970 AMQ 51304 b
27350	27350	SB0280 - 761 - LRB103 24970 AMQ 51304 b
27351	27351	1 230 ILCS 15/1 from Ch. 85, par. 2301
27352	27352	2 230 ILCS 40/5
27353	27353	3 230 ILCS 40/15
27354	27354	4 230 ILCS 40/20
27355	27355	5 230 ILCS 40/25
27356	27356	6 230 ILCS 40/26
27357	27357	7 230 ILCS 40/35
27358	27358	8 230 ILCS 40/43
27359	27359	9 230 ILCS 40/45
27360	27360	10 230 ILCS 40/50
27361	27361	11 230 ILCS 40/57
27362	27362	12 230 ILCS 40/58
27363	27363	13 230 ILCS 40/60
27364	27364	14 230 ILCS 40/78
27365	27365	15 230 ILCS 40/79
27366	27366	16 230 ILCS 40/79.5
27367	27367	17 230 ILCS 40/80
27368	27368	18 230 ILCS 45/25-10
27369	27369	19 230 ILCS 45/25-15
27370	27370	20 230 ILCS 45/25-20
27371	27371	21 230 ILCS 45/25-25
27372	27372	22 230 ILCS 45/25-30
27373	27373	23 230 ILCS 45/25-35
27374	27374	24 230 ILCS 45/25-40
27375	27375	25 230 ILCS 45/25-45
27376	27376	26 230 ILCS 45/25-50
27377	27377
27378	27378
27379	27379
27380	27380
27381	27381
27382	27382	SB0280 - 761 - LRB103 24970 AMQ 51304 b
27383	27383
27384	27384
27385	27385	SB0280- 762 -LRB103 24970 AMQ 51304 b SB0280 - 762 - LRB103 24970 AMQ 51304 b
27386	27386	SB0280 - 762 - LRB103 24970 AMQ 51304 b
27387	27387
27388	27388
27389	27389
27390	27390
27391	27391
27392	27392	SB0280 - 762 - LRB103 24970 AMQ 51304 b