97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3925

 

Introduced 5/31/2012, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
See Index

    If and only if Senate Bill 1849 of the 97th General Assembly becomes law as amended by House Amendments No. 2 and 3: amends the Chicago Casino Development Authority Act with respect to removal of members from the Board of the Authority, powers of the Authority, casino management contracts, local regulation, and contracts with the Authority or casino operator license; amends the Election Code to prohibit political contributions from licensees or applicants under various gaming statutes and from casino managers; amends the State Finance Act to provide for a transfer of moneys to the Fund for the Advancement of Education from the State Gaming Fund; amends the Illinois Municipal Code to provide that any municipality in Lake County that utilizes the police, fire, ambulance, or other emergency services of another unit of local government in providing services to a riverboat or casino shall provide adequate compensation for such services; amends the Illinois Horse Racing Act of 1975 to require the Illinois Racing Board to submit a report to the General Assembly on or before December 31, 2013 that examines the feasibility of conducting electronic gaming at a race track located in Rock Island County; and amends the Illinois Gambling Act to make changes in provisions concerning the Illinois Gaming Board application for and issuance of owners licenses, electronic gaming, and distribution of admission and wagering taxes. Effective immediately or on the effective date of Senate Bill 1849 of the 97th General Assembly, whichever is later.


LRB097 21816 AMC 70438 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3925LRB097 21816 AMC 70438 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. If and only if Senate Bill 1849 of the 97th
5General Assembly becomes law as amended by House Amendments No.
62 and 3, then the Chicago Casino Development Authority Act is
7amended by changing Sections 1-20, 1-31, 1-45, 1-70, and 1-112
8as follows:
 
9    (09700SB1849ham002, Sec. 1-20)
10    Sec. 1-20. Terms of appointments; resignation and removal.
11    (a) The Mayor shall appoint 2 members of the Board for an
12initial term expiring July 1 of the year following approval by
13the Gaming Board, 2 members for an initial term expiring July 1
14three years following approval by the Gaming Board, and one
15member for an initial term expiring July 1 five years following
16approval by the Gaming Board.
17    (b) All successors shall hold office for a term of 5 years
18from the first day of July of the year in which they are
19appointed, except in the case of an appointment to fill a
20vacancy. Each member, including the chairperson, shall hold
21office until the expiration of his or her term and until his or
22her successor is appointed and qualified. Nothing shall
23preclude a member from serving consecutive terms. Any member

 

 

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1may resign from office, to take effect when a successor has
2been appointed and qualified. A vacancy in office shall occur
3in the case of a member's death or indictment, conviction, or
4plea of guilty to a felony. A vacancy shall be filled for the
5unexpired term by the Mayor with the approval of the Gaming
6Board.
7    (c) Members of the Board shall serve at the pleasure of the
8Mayor. The Mayor or the Gaming Board may remove any member of
9the Board upon a finding of incompetence, neglect of duty, or
10misfeasance or malfeasance in office or for a violation of this
11Act. The Gaming Board may remove any member of the Board for
12any violation of the Illinois Gambling Act or the rules and
13regulations of the Gaming Board or other just cause.
14(Source: 09700SB1849ham002.)
 
15    (09700SB1849ham002, Sec. 1-31)
16    Sec. 1-31. General rights and powers of the Authority. In
17addition to the duties and powers set forth in this Act, the
18Authority shall have the following rights and powers:
19        (1) Adopt and alter an official seal.
20        (2) Establish and change its fiscal year.
21        (3) Sue and be sued, plead and be impleaded, all in its
22    own name, and agree to binding arbitration of any dispute
23    to which it is a party.
24        (4) Adopt, amend, and repeal bylaws, rules, and
25    regulations consistent with the furtherance of the powers

 

 

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1    and duties provided for.
2        (5) Maintain its principal office within the City and
3    such other offices as the Board may designate.
4        (6) Select locations in the City for a temporary and a
5    permanent casino, subject to final approval by the Gaming
6    Board, but in no event shall any location be in or at an
7    airport.
8        (7) Utilize the Illinois Gaming Board to conduct
9    Conduct background investigations of potential casino
10    operator licensees, including their its principals or
11    shareholders, all other persons subject to licensure under
12    the Illinois Gambling Act, any third parties hired to
13    develop the casino or its master plan, and Authority staff.
14        (8) Employ, either as regular employees or independent
15    contractors, consultants, engineers, architects,
16    accountants, attorneys, financial experts, construction
17    experts and personnel, superintendents, managers and other
18    professional personnel, and such other personnel as may be
19    necessary in the judgment of the Board, and fix their
20    compensation.
21        (9) Own, acquire, construct, equip, lease, operate,
22    and maintain grounds, buildings, and facilities to carry
23    out its corporate purposes and duties.
24        (10) Enter into, revoke, and modify contracts in
25    accordance with the rules and procedures of the Gaming
26    Board.

 

 

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1        (11) Enter into a casino management contract subject to
2    the prior final approval of the Gaming Board.
3        (12) Develop, or cause to be developed by a third
4    party, a master plan for the design, planning, and
5    development of a casino, subject to approval of the Gaming
6    Board.
7        (13) Negotiate and enter into intergovernmental
8    agreements with the State and its agencies, the City, and
9    other units of local government, in furtherance of the
10    powers and duties of the Board.
11        (14) Receive and disburse funds for its own corporate
12    purposes or as otherwise specified in this Act.
13        (15) Borrow money from any source, public or private,
14    for any corporate purpose, including, without limitation,
15    working capital for its operations, reserve funds, or
16    payment of interest, and to mortgage, pledge, or otherwise
17    encumber the property or funds of the Authority and to
18    contract with or engage the services of any person in
19    connection with any financing, including financial
20    institutions, issuers of letters of credit, or insurers and
21    enter into reimbursement agreements with this person or
22    entity which may be secured as if money were borrowed from
23    the person or entity.
24        (16) Issue bonds as provided for under this Act.
25        (17) Receive and accept from any source, private or
26    public, contributions, gifts, or grants of money or

 

 

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1    property to the Authority.
2        (18) Provide for the insurance of any property,
3    operations, officers, members, agents, or employees of the
4    Authority against any risk or hazard, to self-insure or
5    participate in joint self-insurance pools or entities to
6    insure against such risk or hazard, and to provide for the
7    indemnification of its officers, members, employees,
8    contractors, or agents against any and all risks.
9        (19) Exercise all the corporate powers granted
10    Illinois corporations under the Business Corporation Act
11    of 1983, except to the extent that powers are inconsistent
12    with those of a body politic and corporate of the State.
13        (20) Do all things necessary or convenient to carry out
14    the powers granted by this Act.
15(Source: 09700SB1849ham002.)
 
16    (09700SB1849ham002, Sec. 1-45)
17    Sec. 1-45. Casino management contracts.
18    (a) Subject to the prior approval of the Gaming Board, the
19The Board shall develop and administer a competitive sealed
20bidding process for the selection of a potential casino
21operator licensee to develop or operate a casino within the
22City. The Board shall issue one or more requests for proposals.
23The Board may establish minimum financial and investment
24requirements to determine the eligibility of persons to respond
25to the Board's requests for proposal, and may establish and

 

 

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1consider such other criteria as it deems appropriate. The Board
2may impose a fee upon persons who respond to requests for
3proposal, in order to reimburse the Board for its costs in
4preparing and issuing the requests and reviewing the proposals.
5    (b) Within 5 days after the time limit for submitting bids
6and proposals has passed, the Board shall make all bids and
7proposals public, provided, however, the Board shall not be
8required to disclose any information which would be exempt from
9disclosure under Section 7 of the Freedom of Information Act.
10Thereafter, the Board shall evaluate the responses to its
11requests for proposal and the ability of all persons or
12entities responding to its requests for proposal to meet the
13requirements of this Act and to undertake and perform the
14obligations set forth in its requests for proposal.
15    (c) After reviewing proposals and subject to Gaming Board
16approval, the Board shall enter into a casino management
17contract authorizing the development, construction, or
18operation of a casino. Validity of the casino management
19contract is contingent upon the issuance of a casino operator
20license to the successful bidder. If the Gaming Board approves
21the contract and grants a casino operator license, the Board
22shall transmit a copy of the executed casino management
23contract to the Gaming Board.
24    (d) After the Authority has been issued a casino license,
25the Gaming Board has issued a casino operator license, and the
26Gaming Board has approved the location of a temporary facility,

 

 

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1the Authority may conduct gaming operations at a temporary
2facility for no longer than 24 months after gaming operations
3begin. The Gaming Board may, after holding a public hearing,
4grant an extension so long as a permanent facility is not
5operational and the Authority is working in good faith to
6complete the permanent facility. The Gaming Board may grant
7additional extensions following a public hearing. Each
8extension may be for a period of no longer than 6 months.
9    (e) Fifty percent of any initial consideration received by
10the Authority that was paid as an inducement pursuant to a bid
11for a casino management contract or an executed casino
12management contract must be transmitted to the State and
13deposited into the Gaming Facilities Fee Revenue Fund. The
14initial consideration shall not include any amounts paid by an
15entity on behalf of the Authority for any license or per
16position fees imposed pursuant to the Illinois Gambling Act or
17any other financial obligation of the Authority.
18(Source: 09700SB1849ham002.)
 
19    (09700SB1849ham002, Sec. 1-70)
20    Sec. 1-70. Local regulation. The casino facilities and
21operations therein shall be subject to all ordinances and
22regulations of the City. The construction, development, and
23operation of the casino shall comply with all ordinances,
24regulations, rules, and controls of the City, including but not
25limited to those relating to zoning and planned development,

 

 

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1building, fire prevention, and land use. However, the
2regulation of gaming operations is subject to the Illinois
3Gambling Act and the exclusive jurisdiction of the Gaming
4Board. The Gaming Board shall be responsible for the
5investigation and licensure of all licenses required by the
6Illinois Gambling Act.
7(Source: 09700SB1849ham002.)
 
8    (09700SB1849ham002, Sec. 1-112)
9    Sec. 1-112. Contracts with the Authority or casino operator
10licensee; disclosure requirements.
11    (a) A bidder, respondent, offeror, or contractor for
12contracts with the Authority or casino operator licensee shall
13disclose the identity of all officers and directors and every
14owner, beneficiary, or person with beneficial interest of more
15than 1% or shareholder entitled to receive more than 1% of the
16total distributable income of any corporation having any
17interest in the contract or in the bidder, respondent, offeror,
18or contractor. The disclosure shall be in writing and attested
19to by an owner, trustee, corporate official, or agent. If stock
20in a corporation is publicly traded and there is no readily
21known individual having greater than a 1% interest, then a
22statement to that effect attested to by an officer or agent of
23the corporation shall fulfill the disclosure statement
24requirement of this Section. A bidder, respondent, offeror, or
25contractor shall notify the Authority of any changes in

 

 

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1officers, directors, ownership, or individuals having a
2beneficial interest of more than 1%.
3    (b) A bidder, respondent, offeror, or contractor for
4contracts with an annual value of $10,000 or more or for a
5period to exceed one year shall disclose all political
6contributions of the bidder, respondent, offeror, or
7contractor and any affiliated person or entity. Disclosure
8shall include at least the names and addresses of the
9contributors and the dollar amounts of any contributions to any
10political committee made within the previous 2 years. The
11disclosure must be submitted to the Gaming Board with a copy of
12the proposed contract.
13    (c) As used in this Section:
14    "Contribution" means contribution as defined in Section
159-1.4 of the Election Code.
16    "Affiliated person" means (i) any person with any ownership
17interest or distributive share of the bidding, responding, or
18contracting entity in excess of 1%, (ii) executive employees of
19the bidding, responding, or contracting entity, and (iii) the
20spouse and minor children of any such persons.
21    "Affiliated entity" means (i) any parent or subsidiary of
22the bidding or contracting entity, (ii) any member of the same
23unitary business group, or (iii) any political committee for
24which the bidding, responding, or contracting entity is the
25sponsoring entity.
26    (d) The Gaming Board may direct the Authority or a casino

 

 

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1operator licensee to void a contract if a violation of this
2Section occurs. The Authority may direct a casino operator
3licensee to void a contract if a violation of this Section
4occurs.
5    (e) All contracts pertaining to the actual operation of the
6casino and related gaming activities shall be entered into by
7the casino operator licensee and not the Authority.
8(Source: 09700SB1849ham002.)
 
9    Section 10. If and only if Senate Bill 1849 of the 97th
10General Assembly becomes law as amended by House Amendments No.
112 and 3, then the Election Code is amended by changing the
12heading of Article 9 and by adding Sections 9-8.7 and 9-8.8 as
13follows:
 
14    (10 ILCS 5/Art. 9 heading)
15
ARTICLE 9. DISCLOSURE , PROHIBITION, AND REGULATION
16
OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
17(Source: P.A. 96-832, eff. 1-1-11.)
 
18    (10 ILCS 5/9-8.7 new)
19    Sec. 9-8.7. Prohibition of political contributions from
20certain licensees and applicants.
21    (a) Any person or business entity that holds a license or
22is an applicant for a license in the categories listed in this
23subsection (a) under the Illinois Gambling Act, the Illinois

 

 

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1Horse Racing Act of 1975, the Video Gaming Act, the Illinois
2Pull Tabs and Jar Games Act, the Charitable Games Act, the
3Bingo License and Tax Act, the Raffles Act, or the Illinois
4Lottery Law, and any affiliated entity or affiliated person of
5such business entity or any association or organization
6representing such entity, entities, or persons, are prohibited
7from making any monetary or in-kind contributions to any
8political committees or campaigns established to promote the
9candidacy of any officeholders or any other declared candidate
10for any office in Illinois. Prohibited persons or entities
11shall include any affiliated entity or person who has been
12designated as a Key Person under the Illinois Gambling Act and
13associated rules or designated as a Person of Significant
14Influence and Control under the Video Gaming Act and associated
15rules or who is an officer, director or holder or controller of
165% or more legal or beneficial interest in such business entity
17under the Illinois Horse Racing Act of 1975 and associated
18rules. Prohibited person or entity includes those holding the
19following licenses under the Illinois Gambling Act: owner;
20manager; and supplier. Prohibited persons or entities shall
21include those holding the following licenses under the Video
22Gaming Act: manufacturer; distributor; supplier; terminal
23operator; licensed establishment; licensed fraternal
24establishment; licensed veterans establishment; licensed truck
25stop establishment. Prohibited person or entity includes any
26horsemen association representing the largest number of

 

 

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1owners, trainers, jockeys, or standardbred drivers who race
2horses at an organization licensee's racing meeting under the
3Illinois Horse Racing Act of 1975, and any horsemen association
4representing thoroughbred, standardbred, or quarter horse
5breeders and owners under the Illinois Horse Racing Act of
61975, and any affiliated entity or person who is an officer,
7director, employee, or member of such organization.
8    (b) For licensees, this prohibition shall be effective for
9a period of 2 years following the expiration, termination, or
10revocation of a license. For applicants who do not receive a
11license, this prohibition shall be in place from the time
12applications are solicited until the application has been
13denied or the license at issue have been awarded and any
14related protests or legal actions have been completed. For
15purposes of this Section, the definitions of "business entity",
16"affiliated person", and "affiliated entity" set forth in
17Section 50-37 of the Illinois Procurement Code shall apply.
18    (c) Any person or entity that makes a prohibited political
19contribution is subject to a fine of up to $200,000 per
20violation and any other action deemed appropriate by the
21applicable regulatory and licensing authority.
 
22    (10 ILCS 5/9-8.8 new)
23    Sec. 9-8.8. Prohibition of political contributions from
24Chicago casino managers.
25    (a) Any casino management company or affiliated entity that

 

 

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1has a contract or a pending bid or proposal with the Chicago
2Casino Development Authority or the Chicago Casino Operator or
3Developer is prohibited from making any monetary or in-kind
4contributions to any political committees or campaigns
5established to promote the candidacy of any officeholder or any
6other declared candidates for any office in Illinois. This
7prohibition shall be effective for a period of 2 years
8following the expiration or termination of the contracts. For
9such companies that have pending bids or proposals, the
10contribution ban shall begin on the date the invitation for
11bids or request for proposals is issued.
12    (b) All contracts between the Chicago Casino Development
13Authority or the Chicago Casino Operator or Developer and a
14business entity that violates this Section shall be voidable.
15If this provision is violated more than 3 times in a 36-month
16period, then all such contracts shall be void. Furthermore,
17that business entity will be prohibited from doing any business
18with the Illinois Gaming Board, the Illinois Racing Board, the
19Chicago Casino Development Authority, or the Chicago Casino
20Operator or Developer for 3 years from the date of the last
21violation. A notice of each violation and corresponding penalty
22shall be published in the Illinois Register and the Procurement
23Bulletin.
24    (c) Any person or entity that makes a prohibited political
25contribution is subject to a fine of up to $200,000 per
26violation and any other action deemed appropriate by the

 

 

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1applicable regulatory and licensing authority.
 
2    Section 15. If and only if Senate Bill 1849 of the 97th
3General Assembly becomes law as amended by House Amendments No.
42 and 3, then the State Finance Act is amended by changing
5Section 6z-85 as follows:
 
6    (30 ILCS 105/6z-85)
7    Sec. 6z-85. The Fund for the Advancement of Education;
8creation. The Fund for the Advancement of Education is hereby
9created as a special fund in the State treasury. All moneys
10deposited into the fund shall be appropriated to provide
11financial assistance for education programs. Moneys
12appropriated from the Fund shall supplement and not supplant
13the current level of education funding.
14    In addition to any other transfers that may be provided for
15by law, on the effective date of this amendatory Act of the
1697th General Assembly, or as soon thereafter as practical, the
17State Comptroller shall direct and the State Treasurer shall
18transfer the sum of $75,000,000 from the State Gaming Fund to
19the Fund for the Advancement of Education for the purpose of
20providing resources to the Monetary Award Program.
21(Source: P.A. 96-1496, eff. 1-13-11.)
 
22    Section 20. If and only if Senate Bill 1849 of the 97th
23General Assembly becomes law as amended by House Amendments No.

 

 

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12 and 3, then the Illinois Municipal Code is amended by adding
2Section 11-1-12 as follows:
 
3    (65 ILCS 5/11-1-12 new)
4    Sec. 11-1-12. Emergency services. Any municipality in Lake
5County that utilizes the police, fire, ambulance, or other
6emergency services of another unit of local government in
7providing services to a riverboat or casino shall provide
8adequate compensation for such services.
 
9    Section 25. If and only if Senate Bill 1849 of the 97th
10General Assembly becomes law as amended by House Amendments No.
112 and 3, then the Illinois Horse Racing Act of 1975 is amended
12by changing Section 56 as follows:
 
13    (230 ILCS 5/56)
14    Sec. 56. Electronic gaming.
15    (a) A person, firm, or corporation having operating control
16of a race track may apply to the Gaming Board for an electronic
17gaming license. An electronic gaming license shall authorize
18its holder to conduct electronic gaming on the grounds of the
19race track controlled by the licensee's race track. Only one
20electronic gaming license may be awarded for any race track.
21Each license shall specify the number of gaming positions that
22its holder may operate.
23    An electronic gaming licensee may not permit persons under

 

 

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121 years of age to be present in its electronic gaming
2facility, but the licensee may accept wagers on live racing and
3inter-track wagers at its electronic gaming facility.
4    (b) For purposes of this subsection, "adjusted gross
5receipts" means an electronic gaming licensee's gross receipts
6less winnings paid to wagerers and shall also include any
7amounts that would otherwise be deducted pursuant to subsection
8(a-9) of Section 13 of the Illinois Gambling Act. The adjusted
9gross receipts by an electronic gaming licensee from electronic
10gaming remaining after the payment of taxes under Section 13 of
11the Illinois Gambling Act shall be distributed as follows:
12        (1) Amounts shall be paid to the purse account at the
13    track at which the organization licensee is conducting
14    racing equal to the following:
15            12.75% of annual adjusted gross receipts up to and
16        including $75,000,000;
17            20% of annual adjusted gross receipts in excess of
18        $75,000,000 but not exceeding $100,000,000;
19            26.5% of annual adjusted gross receipts in excess
20        of $100,000,000 but not exceeding $125,000,000; and
21            20.5% of annual adjusted gross receipts in excess
22        of $125,000,000.
23        (2) The remainder shall be retained by the electronic
24    gaming licensee.
25    (c) Electronic gaming receipts placed into the purse
26account of an organization licensee racing thoroughbred horses

 

 

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1shall be used for purses, for health care services or worker's
2compensation for racing industry workers, for equine research,
3for programs to care for and transition injured and retired
4thoroughbred horses that race at the race track, or for horse
5ownership promotion, in accordance with the agreement of the
6horsemen's association representing the largest number of
7owners and trainers who race at that organization licensee's
8race meetings.
9    Annually, from the purse account of an organization
10licensee racing thoroughbred horses in the State, except for in
11Madison County, an amount equal to 12% of the electronic gaming
12receipts placed into the purse accounts shall be paid to the
13Illinois Thoroughbred Breeders Fund and shall be used for owner
14awards; a stallion program pursuant to paragraph (3) of
15subsection (g) of Section 30 of this Act; and Illinois
16conceived and foaled stakes races pursuant to paragraph (2) of
17subsection (g) of Section 30 of this Act, as specifically
18designated by the horsemen's association representing the
19largest number of owners and trainers who race at the
20organization licensee's race meetings.
21    Annually, from the purse account of an organization
22licensee racing thoroughbred horses in Madison County, an
23amount equal to 10% of the electronic gaming receipts placed
24into the purse accounts shall be paid to the Illinois
25Thoroughbred Breeders Fund and shall be used for owner awards;
26a stallion program pursuant to paragraph (3) of subsection (g)

 

 

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1of Section 30 of this Act; and Illinois conceived and foaled
2stakes races pursuant to paragraph (2) of subsection (g) of
3Section 30 of this Act, as specifically designated by the
4horsemen's association representing the largest number of
5owners and trainers who race at the organization licensee's
6race meetings.
7    Annually, from the purse account of an organization
8licensee conducting thoroughbred races at a race track in
9Madison County, an amount equal to 1% of the electronic gaming
10receipts distributed to purses per subsection (b) of this
11Section 56 shall be paid as follows: 0.33 1/3% to Southern
12Illinois University Department of Animal Sciences for equine
13research and education, an amount equal to 0.33 1/3% of the
14electronic gaming receipts shall be used to operate laundry
15facilities for backstretch workers at that race track, and an
16amount equal to 0.33 1/3% of the electronic gaming receipts
17shall be paid to programs to care for injured and unwanted
18horses that race at that race track.
19    Annually, from the purse account of organization licensees
20conducting thoroughbred races at race tracks in Cook County,
21$100,000 shall be paid for division and equal distribution to
22the animal sciences department of each Illinois public
23university system engaged in equine research and education on
24or before the effective date of this amendatory Act of the 97th
25General Assembly for equine research and education.
26    (d) Annually, from the purse account of an organization

 

 

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1licensee racing standardbred horses, an amount equal to 15% of
2the electronic gaming receipts placed into that purse account
3shall be paid to the Illinois Colt Stakes Purse Distribution
4Fund. Moneys deposited into the Illinois Colt Stakes Purse
5Distribution Fund shall be used for standardbred racing as
6authorized in paragraphs 1, 2, 3, 8, 9, 10, and 11 of
7subsection (g) of Section 31 of this Act and for bonus awards
8as authorized under paragraph 6 of subsection (j) of Section 31
9of this Act.
10    (e) As a requirement for continued eligibility to conduct
11electronic gaming, each organization licensee must promote
12live racing and horse ownership through marketing and
13promotional efforts. To meet this requirement, all
14organization licensees operating at each race track facility
15must collectively expend the amount of the pari-mutuel tax
16credit that was certified by the Illinois Racing Board in the
17prior calendar year pursuant to Section 32.1 of this Act for
18that race track facility, in addition to the amount that was
19expended by each organizational licensee for such efforts in
20calendar year 2009. Such incremental expenditures must be
21directed to assure that all marketing expenditures, including
22those for the organization licensee's electronic gaming
23facility, advertise, market, and promote horse racing or horse
24ownership. The amount spent by the organization licensee for
25such marketing and promotional efforts in 2009 shall be
26certified by the Board no later than 90 days after the

 

 

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1effective date of this Section.
2    The Board shall review any amounts expended pursuant to
3this subsection (e) and shall also include an itemized
4description of the amount that was expended by each
5organization licensee pursuant to this subsection (e) in the
6annual report that the Board is required to submit pursuant to
7subsection (d) of Section 14 of the Illinois Horse Racing Act
8of 1975.
9    (f) The Board shall submit a report to the General Assembly
10on or before December 31, 2013 that examines the feasibility of
11conducting electronic gaming at a race track located in Rock
12Island County. At a minimum, this report shall analyze the
13projected revenues that may be generated, the potential for
14cannibalization of existing riverboats, casinos, or other
15electronic gaming facilities, and the potential detriment to
16the surrounding area and its population. The report shall
17include the Board's findings together with appropriate
18recommendations.
19(Source: 09700SB1849ham002 and ham003.)
 
20    Section 30. If and only if Senate Bill 1849 of the 97th
21General Assembly becomes law as amended by House Amendments No.
222 and 3, then the Illinois Gambling Act is amended by changing
23Sections 5, 6, 7, 7.6, 12, and 13 as follows:
 
24    (230 ILCS 10/5)  (from Ch. 120, par. 2405)

 

 

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1    Sec. 5. Gaming Board.
2    (a) (1) There is hereby established the Illinois Gaming
3Board, which shall have the powers and duties specified in this
4Act, and all other powers necessary and proper to fully and
5effectively execute this Act for the purpose of administering,
6regulating, and enforcing the system of riverboat and casino
7gambling and electronic gaming established by this Act. Its
8jurisdiction shall extend under this Act to every person,
9association, corporation, partnership and trust involved in
10riverboat and casino gambling operations and electronic gaming
11in the State of Illinois.
12    (2) The Board shall consist of 5 members to be appointed by
13the Governor with the advice and consent of the Senate, one of
14whom shall be designated by the Governor to be chairperson.
15Each member shall have a reasonable knowledge of the practice,
16procedure and principles of gambling operations. Each member
17shall either be a resident of Illinois or shall certify that he
18or she will become a resident of Illinois before taking office.
19     The Board must include the following:
20        (A) One member who has received, at a minimum, a
21    bachelor's degree from an accredited school and at least 10
22    years of verifiable training and experience in the fields
23    of investigation and law enforcement.
24        (B) One member who is a certified public accountant
25    with experience in auditing and with knowledge of complex
26    corporate structures and transactions.

 

 

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1        (C) One member who has 5 years' experience as a
2    principal, senior officer, or director of a company or
3    business with either material responsibility for the daily
4    operations and management of the overall company or
5    business or material responsibility for the policy making
6    of the company or business.
7        (D) One member who is a lawyer licensed to practice law
8    in Illinois.
9    No more than 3 members of the Board may be from the same
10political party. The Board should reflect the ethnic, cultural,
11and geographic diversity of the State. No Board member shall,
12within a period of one year immediately preceding nomination,
13have been employed or received compensation or fees for
14services from a person or entity, or its parent or affiliate,
15that has engaged in business with the Board, a licensee, or a
16licensee under the Illinois Horse Racing Act of 1975. Board
17members must publicly disclose all prior affiliations with
18gaming interests, including any compensation, fees, bonuses,
19salaries, and other reimbursement received from a person or
20entity, or its parent or affiliate, that has engaged in
21business with the Board, a licensee, or a licensee under the
22Illinois Horse Racing Act of 1975. This disclosure must be made
23within 30 days after nomination but prior to confirmation by
24the Senate and must be made available to the members of the
25Senate.
26    (3) The terms of office of the Board members shall be 3

 

 

SB3925- 23 -LRB097 21816 AMC 70438 b

1years, except that the terms of office of the initial Board
2members appointed pursuant to this Act will commence from the
3effective date of this Act and run as follows: one for a term
4ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
5a term ending July 1, 1993. Upon the expiration of the
6foregoing terms, the successors of such members shall serve a
7term for 3 years and until their successors are appointed and
8qualified for like terms. Vacancies in the Board shall be
9filled for the unexpired term in like manner as original
10appointments. Each member of the Board shall be eligible for
11reappointment at the discretion of the Governor with the advice
12and consent of the Senate.
13    (4) Each member of the Board shall receive $300 for each
14day the Board meets and for each day the member conducts any
15hearing pursuant to this Act. Each member of the Board shall
16also be reimbursed for all actual and necessary expenses and
17disbursements incurred in the execution of official duties.
18    (5) No person shall be appointed a member of the Board or
19continue to be a member of the Board who is, or whose spouse,
20child or parent is, a member of the board of directors of, or a
21person financially interested in, any gambling operation
22subject to the jurisdiction of this Board, or any race track,
23race meeting, racing association or the operations thereof
24subject to the jurisdiction of the Illinois Racing Board. No
25Board member shall hold any other public office. No person
26shall be a member of the Board who is not of good moral

 

 

SB3925- 24 -LRB097 21816 AMC 70438 b

1character or who has been convicted of, or is under indictment
2for, a felony under the laws of Illinois or any other state, or
3the United States.
4    (5.5) No member of the Board shall engage in any political
5activity. For the purposes of this Section, "political" means
6any activity in support of or in connection with any campaign
7for federal, State, or local elective office or any political
8organization, but does not include activities (i) relating to
9the support or opposition of any executive, legislative, or
10administrative action (as those terms are defined in Section 2
11of the Lobbyist Registration Act), (ii) relating to collective
12bargaining, or (iii) that are otherwise in furtherance of the
13person's official State duties or governmental and public
14service functions.
15    (6) Any member of the Board may be removed by the Governor
16for neglect of duty, misfeasance, malfeasance, or nonfeasance
17in office or for engaging in any political activity.
18    (7) Before entering upon the discharge of the duties of his
19office, each member of the Board shall take an oath that he
20will faithfully execute the duties of his office according to
21the laws of the State and the rules and regulations adopted
22therewith and shall give bond to the State of Illinois,
23approved by the Governor, in the sum of $25,000. Every such
24bond, when duly executed and approved, shall be recorded in the
25office of the Secretary of State. Whenever the Governor
26determines that the bond of any member of the Board has become

 

 

SB3925- 25 -LRB097 21816 AMC 70438 b

1or is likely to become invalid or insufficient, he shall
2require such member forthwith to renew his bond, which is to be
3approved by the Governor. Any member of the Board who fails to
4take oath and give bond within 30 days from the date of his
5appointment, or who fails to renew his bond within 30 days
6after it is demanded by the Governor, shall be guilty of
7neglect of duty and may be removed by the Governor. The cost of
8any bond given by any member of the Board under this Section
9shall be taken to be a part of the necessary expenses of the
10Board.
11    (8) The Board shall employ such personnel as may be
12necessary to carry out its functions and shall determine the
13salaries of all personnel, except those personnel whose
14salaries are determined under the terms of a collective
15bargaining agreement. No person shall be employed to serve the
16Board who is, or whose spouse, parent or child is, an official
17of, or has a financial interest in or financial relation with,
18any operator engaged in gambling operations within this State
19or any organization engaged in conducting horse racing within
20this State. For the one year immediately preceding employment,
21an employee shall not have been employed or received
22compensation or fees for services from a person or entity, or
23its parent or affiliate, that has engaged in business with the
24Board, a licensee, or a licensee under the Illinois Horse
25Racing Act of 1975. Any employee violating these prohibitions
26shall be subject to termination of employment. In addition, all

 

 

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1Board members and employees are subject to the restrictions set
2forth in Section 5-45 of the State Officials and Employees
3Ethics Act.
4    (9) An Administrator shall perform any and all duties that
5the Board shall assign him. The salary of the Administrator
6shall be determined by the Board and, in addition, he shall be
7reimbursed for all actual and necessary expenses incurred by
8him in discharge of his official duties. The Administrator
9shall keep records of all proceedings of the Board and shall
10preserve all records, books, documents and other papers
11belonging to the Board or entrusted to its care. The
12Administrator shall devote his full time to the duties of the
13office and shall not hold any other office or employment. In
14addition to other prescribed duties, the Administrator shall
15establish a system by which personnel assisting the Board
16regarding the issuance of owners licenses, whether it be
17relocation, re-issuance, or the initial issuance, shall be
18assigned specific duties in each instance, thereby preventing a
19conflict of interest in regards to the decision-making process.
20A conflict of interest exists if a situation influences or
21creates the appearance that it may influence judgment or
22performance of duties or responsibilities.
23    (b) The Board shall have general responsibility for the
24implementation of this Act. Its duties include, without
25limitation, the following:
26        (1) To decide promptly and in reasonable order all

 

 

SB3925- 27 -LRB097 21816 AMC 70438 b

1    license applications. Any party aggrieved by an action of
2    the Board denying, suspending, revoking, restricting or
3    refusing to renew a license may request a hearing before
4    the Board. A request for a hearing must be made to the
5    Board in writing within 5 days after service of notice of
6    the action of the Board. Notice of the action of the Board
7    shall be served either by personal delivery or by certified
8    mail, postage prepaid, to the aggrieved party. Notice
9    served by certified mail shall be deemed complete on the
10    business day following the date of such mailing. The Board
11    shall conduct all requested hearings promptly and in
12    reasonable order;
13        (2) To conduct all hearings pertaining to civil
14    violations of this Act or rules and regulations promulgated
15    hereunder;
16        (3) To promulgate such rules and regulations as in its
17    judgment may be necessary to protect or enhance the
18    credibility and integrity of gambling operations
19    authorized by this Act and the regulatory process
20    hereunder;
21        (4) To provide for the establishment and collection of
22    all license and registration fees and taxes imposed by this
23    Act and the rules and regulations issued pursuant hereto.
24    All such fees and taxes shall be deposited into the State
25    Gaming Fund;
26        (5) To provide for the levy and collection of penalties

 

 

SB3925- 28 -LRB097 21816 AMC 70438 b

1    and fines for the violation of provisions of this Act and
2    the rules and regulations promulgated hereunder. All such
3    fines and penalties shall be deposited into the Education
4    Assistance Fund, created by Public Act 86-0018, of the
5    State of Illinois;
6        (6) To be present through its inspectors and agents any
7    time gambling operations are conducted on any riverboat, in
8    any casino, or at any electronic gaming facility for the
9    purpose of certifying the revenue thereof, receiving
10    complaints from the public, and conducting such other
11    investigations into the conduct of the gambling games and
12    the maintenance of the equipment as from time to time the
13    Board may deem necessary and proper;
14        (7) To review and rule upon any complaint by a licensee
15    regarding any investigative procedures of the State which
16    are unnecessarily disruptive of gambling operations. The
17    need to inspect and investigate shall be presumed at all
18    times. The disruption of a licensee's operations shall be
19    proved by clear and convincing evidence, and establish
20    that: (A) the procedures had no reasonable law enforcement
21    purposes, and (B) the procedures were so disruptive as to
22    unreasonably inhibit gambling operations;
23        (8) To hold at least one meeting each quarter of the
24    fiscal year. In addition, special meetings may be called by
25    the Chairman or any 2 Board members upon 72 hours written
26    notice to each member. All Board meetings shall be subject

 

 

SB3925- 29 -LRB097 21816 AMC 70438 b

1    to the Open Meetings Act. Three members of the Board shall
2    constitute a quorum, and 3 votes shall be required for any
3    final determination by the Board. The Board shall keep a
4    complete and accurate record of all its meetings. A
5    majority of the members of the Board shall constitute a
6    quorum for the transaction of any business, for the
7    performance of any duty, or for the exercise of any power
8    which this Act requires the Board members to transact,
9    perform or exercise en banc, except that, upon order of the
10    Board, one of the Board members or an administrative law
11    judge designated by the Board may conduct any hearing
12    provided for under this Act or by Board rule and may
13    recommend findings and decisions to the Board. The Board
14    member or administrative law judge conducting such hearing
15    shall have all powers and rights granted to the Board in
16    this Act. The record made at the time of the hearing shall
17    be reviewed by the Board, or a majority thereof, and the
18    findings and decision of the majority of the Board shall
19    constitute the order of the Board in such case;
20        (9) To maintain records which are separate and distinct
21    from the records of any other State board or commission.
22    Such records shall be available for public inspection and
23    shall accurately reflect all Board proceedings;
24        (10) To file a written annual report with the Governor
25    on or before March 1 each year and such additional reports
26    as the Governor may request. The annual report shall

 

 

SB3925- 30 -LRB097 21816 AMC 70438 b

1    include a statement of receipts and disbursements by the
2    Board, actions taken by the Board, and any additional
3    information and recommendations which the Board may deem
4    valuable or which the Governor may request;
5        (11) (Blank);
6        (12) (Blank);
7        (13) To assume responsibility for administration and
8    enforcement of the Video Gaming Act;
9        (13.5) To assume responsibility for the administration
10    and enforcement of operations at electronic gaming
11    facilities pursuant to this Act and the Illinois Horse
12    Racing Act of 1975; and
13        (14) To adopt, by rule, a code of conduct governing
14    Board members and employees that ensure, to the maximum
15    extent possible, that persons subject to this Code avoid
16    situations, relationships, or associations that may
17    represent or lead to a conflict of interest.
18    Any action by the Board or staff of the Board, including,
19but not limited to, denying a renewal, approving procedures
20(including internal controls), levying a fine or penalty,
21promotions, or other activities affecting an applicant for
22licensure or a licensee, may at the discretion of the applicant
23or licensee be appealed to an administrative law judge in
24accordance with subsection (b) of Section 17.1.
25    Internal controls and changes submitted by licensees must
26be reviewed and either approved or denied with cause within a

 

 

SB3925- 31 -LRB097 21816 AMC 70438 b

1reasonable time 60 days after receipt of a complete package and
2all necessary information by the Illinois Gaming Board. In the
3event an internal control submission or change does not meet
4the standards set by the Board, staff of the Board must provide
5technical assistance to the licensee to rectify such
6deficiencies within a reasonable time 60 days after the initial
7submission and the revised submission must be reviewed and
8approved or denied with cause within a reasonable time 60 days.
9For the purposes of this paragraph, "with cause" means that the
10approval of the submission would jeopardize the integrity of
11gaming. In the event the Board staff has not acted within the
12timeframe, the submission shall be deemed approved.
13    (c) The Board shall have jurisdiction over and shall
14supervise all gambling operations governed by this Act and the
15Chicago Casino Development Authority Act. The Board shall have
16all powers necessary and proper to fully and effectively
17execute the provisions of this Act, including, but not limited
18to, the following:
19        (1) To investigate applicants and determine the
20    eligibility of applicants for licenses and to select among
21    competing applicants the applicants which best serve the
22    interests of the citizens of Illinois.
23        (2) To have jurisdiction and supervision over all
24    gambling operations authorized under this Act and all
25    persons in places where gambling operations are conducted.
26        (3) To promulgate rules and regulations for the purpose

 

 

SB3925- 32 -LRB097 21816 AMC 70438 b

1    of administering the provisions of this Act and to
2    prescribe rules, regulations and conditions under which
3    all gambling operations subject to this Act shall be
4    conducted. Such rules and regulations are to provide for
5    the prevention of practices detrimental to the public
6    interest and for the best interests of gambling, including
7    rules and regulations regarding the inspection of
8    electronic gaming facilities, casinos, and riverboats and
9    the review of any permits or licenses necessary to operate
10    a riverboat, casino, or electronic gaming facilities under
11    any laws or regulations applicable to riverboats, casinos,
12    or electronic gaming facilities and to impose penalties for
13    violations thereof.
14        (4) To enter the office, riverboats, casinos,
15    electronic gaming facilities, and other facilities, or
16    other places of business of a licensee, where evidence of
17    the compliance or noncompliance with the provisions of this
18    Act is likely to be found.
19        (5) To investigate alleged violations of this Act or
20    the rules of the Board and to take appropriate disciplinary
21    action against a licensee or a holder of an occupational
22    license for a violation, or institute appropriate legal
23    action for enforcement, or both.
24        (6) To adopt standards for the licensing of all persons
25    under this Act, as well as for electronic or mechanical
26    gambling games, and to establish fees for such licenses.

 

 

SB3925- 33 -LRB097 21816 AMC 70438 b

1        (7) To adopt appropriate standards for all electronic
2    gaming facilities, riverboats, casinos, and other
3    facilities authorized under this Act.
4        (8) To require that the records, including financial or
5    other statements of any licensee under this Act, shall be
6    kept in such manner as prescribed by the Board and that any
7    such licensee involved in the ownership or management of
8    gambling operations submit to the Board an annual balance
9    sheet and profit and loss statement, list of the
10    stockholders or other persons having a 1% or greater
11    beneficial interest in the gambling activities of each
12    licensee, and any other information the Board deems
13    necessary in order to effectively administer this Act and
14    all rules, regulations, orders and final decisions
15    promulgated under this Act.
16        (9) To conduct hearings, issue subpoenas for the
17    attendance of witnesses and subpoenas duces tecum for the
18    production of books, records and other pertinent documents
19    in accordance with the Illinois Administrative Procedure
20    Act, and to administer oaths and affirmations to the
21    witnesses, when, in the judgment of the Board, it is
22    necessary to administer or enforce this Act or the Board
23    rules.
24        (10) To prescribe a form to be used by any licensee
25    involved in the ownership or management of gambling
26    operations as an application for employment for their

 

 

SB3925- 34 -LRB097 21816 AMC 70438 b

1    employees.
2        (11) To revoke or suspend licenses, as the Board may
3    see fit and in compliance with applicable laws of the State
4    regarding administrative procedures, and to review
5    applications for the renewal of licenses. The Board may
6    suspend an owners license, electronic gaming license, or
7    casino operator license, without notice or hearing upon a
8    determination that the safety or health of patrons or
9    employees is jeopardized by continuing a gambling
10    operation conducted under that license. The suspension may
11    remain in effect until the Board determines that the cause
12    for suspension has been abated. The Board may revoke the
13    owners license, electronic gaming license, or casino
14    operator license upon a determination that the licensee has
15    not made satisfactory progress toward abating the hazard.
16        (12) To eject or exclude or authorize the ejection or
17    exclusion of, any person from gambling facilities where
18    that person is in violation of this Act, rules and
19    regulations thereunder, or final orders of the Board, or
20    where such person's conduct or reputation is such that his
21    or her presence within the gambling facilities may, in the
22    opinion of the Board, call into question the honesty and
23    integrity of the gambling operations or interfere with the
24    orderly conduct thereof; provided that the propriety of
25    such ejection or exclusion is subject to subsequent hearing
26    by the Board.

 

 

SB3925- 35 -LRB097 21816 AMC 70438 b

1        (13) To require all licensees of gambling operations to
2    utilize a cashless wagering system whereby all players'
3    money is converted to tokens, electronic cards, or chips
4    which shall be used only for wagering in the gambling
5    establishment.
6        (14) (Blank).
7        (15) To suspend, revoke or restrict licenses, to
8    require the removal of a licensee or an employee of a
9    licensee for a violation of this Act or a Board rule or for
10    engaging in a fraudulent practice, and to impose civil
11    penalties of up to $5,000 against individuals and up to
12    $10,000 or an amount equal to the daily gross receipts,
13    whichever is larger, against licensees for each violation
14    of any provision of the Act, any rules adopted by the
15    Board, any order of the Board or any other action which, in
16    the Board's discretion, is a detriment or impediment to
17    gambling operations.
18        (16) To hire employees to gather information, conduct
19    investigations and carry out any other tasks contemplated
20    under this Act.
21        (17) To establish minimum levels of insurance to be
22    maintained by licensees.
23        (18) To authorize a licensee to sell or serve alcoholic
24    liquors, wine or beer as defined in the Liquor Control Act
25    of 1934 on board a riverboat or in a casino and to have
26    exclusive authority to establish the hours for sale and

 

 

SB3925- 36 -LRB097 21816 AMC 70438 b

1    consumption of alcoholic liquor on board a riverboat or in
2    a casino, notwithstanding any provision of the Liquor
3    Control Act of 1934 or any local ordinance, and regardless
4    of whether the riverboat makes excursions. The
5    establishment of the hours for sale and consumption of
6    alcoholic liquor on board a riverboat or in a casino is an
7    exclusive power and function of the State. A home rule unit
8    may not establish the hours for sale and consumption of
9    alcoholic liquor on board a riverboat or in a casino. This
10    subdivision (18) is a denial and limitation of home rule
11    powers and functions under subsection (h) of Section 6 of
12    Article VII of the Illinois Constitution.
13        (19) After consultation with the U.S. Army Corps of
14    Engineers, to establish binding emergency orders upon the
15    concurrence of a majority of the members of the Board
16    regarding the navigability of water, relative to
17    excursions, in the event of extreme weather conditions,
18    acts of God or other extreme circumstances.
19        (20) To delegate the execution of any of its powers
20    under this Act for the purpose of administering and
21    enforcing this Act and its rules and regulations hereunder.
22        (20.5) To approve any contract entered into on its
23    behalf.
24        (20.6) To appoint investigators to conduct
25    investigations, searches, seizures, arrests, and other
26    duties imposed under this Act, as deemed necessary by the

 

 

SB3925- 37 -LRB097 21816 AMC 70438 b

1    Board. These investigators have and may exercise all of the
2    rights and powers of peace officers, provided that these
3    powers shall be limited to offenses or violations occurring
4    or committed on a riverboat or dock, as defined in
5    subsections (d) and (f) of Section 4, or as otherwise
6    provided by this Act or any other law.
7        (20.7) To contract with the Department of State Police
8    for the use of trained and qualified State police officers
9    and with the Department of Revenue for the use of trained
10    and qualified Department of Revenue investigators to
11    conduct investigations, searches, seizures, arrests, and
12    other duties imposed under this Act and to exercise all of
13    the rights and powers of peace officers, provided that the
14    powers of Department of Revenue investigators under this
15    subdivision (20.7) shall be limited to offenses or
16    violations occurring or committed on a riverboat or dock,
17    as defined in subsections (d) and (f) of Section 4, or as
18    otherwise provided by this Act or any other law. In the
19    event the Department of State Police or the Department of
20    Revenue is unable to fill contracted police or
21    investigative positions, the Board may appoint
22    investigators to fill those positions pursuant to
23    subdivision (20.6).
24        (21) To make rules concerning the conduct of electronic
25    gaming.
26        (22) To have the same jurisdiction and supervision over

 

 

SB3925- 38 -LRB097 21816 AMC 70438 b

1    casinos and electronic gaming facilities as the Board has
2    over riverboats, including, but not limited to, the power
3    to (i) investigate, review, and approve contracts as that
4    power is applied to riverboats, (ii) promulgate rules and
5    regulations for administering the provisions of this Act,
6    (iii) adopt standards for the licensing of all persons
7    involved with a casino or electronic gaming facility, (iv)
8    investigate alleged violations of this Act by any person
9    involved with a casino or electronic gaming facility, and
10    (v) require that records, including financial or other
11    statements of any casino or electronic gaming facility,
12    shall be kept in such manner as prescribed by the Board.
13        (23) To supervise and regulate the Chicago Casino
14    Development Authority in accordance with the Chicago
15    Casino Development Authority Act and the provisions of this
16    Act.
17        (24) To take any other action as may be reasonable or
18    appropriate to enforce this Act and rules and regulations
19    hereunder.
20    (d) The Board may seek and shall receive the cooperation of
21the Department of State Police in conducting background
22investigations of applicants and in fulfilling its
23responsibilities under this Section. Costs incurred by the
24Department of State Police as a result of such cooperation
25shall be paid by the Board in conformance with the requirements
26of Section 2605-400 of the Department of State Police Law (20

 

 

SB3925- 39 -LRB097 21816 AMC 70438 b

1ILCS 2605/2605-400).
2    (e) The Board must authorize to each investigator and to
3any other employee of the Board exercising the powers of a
4peace officer a distinct badge that, on its face, (i) clearly
5states that the badge is authorized by the Board and (ii)
6contains a unique identifying number. No other badge shall be
7authorized by the Board.
8(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
996-1000, eff. 7-2-10; 96-1392, eff. 1-1-11;
1009700SB1849ham002.)
 
11    (230 ILCS 10/6)  (from Ch. 120, par. 2406)
12    Sec. 6. Application for Owners License.
13    (a) A qualified person may apply to the Board for an owners
14license to conduct a riverboat gambling operation as provided
15in this Act. The application shall be made on forms provided by
16the Board and shall contain such information as the Board
17prescribes, including but not limited to the identity of the
18riverboat on which such gambling operation is to be conducted,
19if applicable, and the exact location where such riverboat or
20casino will be located, a certification that the riverboat will
21be registered under this Act at all times during which gambling
22operations are conducted on board, detailed information
23regarding the ownership and management of the applicant, and
24detailed personal information regarding the applicant. Any
25application for an owners license to be re-issued on or after

 

 

SB3925- 40 -LRB097 21816 AMC 70438 b

1June 1, 2003 shall also include the applicant's license bid in
2a form prescribed by the Board. Information provided on the
3application shall be used as a basis for a thorough background
4investigation which the Board shall conduct with respect to
5each applicant. An incomplete application shall be cause for
6denial of a license by the Board.
7    (a-5) In addition to any other information required under
8this Section, each application for an owners license or license
9for a casino management contract pursuant to the Authority must
10include the following information:
11        (1) The history and success of the applicant and each
12    person and entity disclosed under subsection (c) of this
13    Section in developing tourism facilities ancillary to
14    gaming, if applicable.
15        (2) The likelihood that granting a license to the
16    applicant will lead to the creation of quality, living wage
17    jobs and permanent, full-time jobs for residents of the
18    State and residents of the unit of local government that is
19    designated as the home dock of the proposed facility where
20    gambling is to be conducted by the applicant.
21        (3) The projected number of jobs that would be created
22    if the license is granted and the projected number of new
23    employees at the proposed facility where gambling is to be
24    conducted by the applicant.
25        (4) The record of the applicant and its developer in
26    meeting commitments to local agencies, community-based

 

 

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1    organizations, and employees at other locations where the
2    applicant or its developer has performed similar functions
3    as they would perform if the applicant were granted a
4    license.
5        (5) Identification of adverse effects that might be
6    caused by the proposed facility where gambling is to be
7    conducted by the applicant, including the costs of meeting
8    increased demand for public health care, child care, public
9    transportation, affordable housing, and social services,
10    and a plan to mitigate those adverse effects.
11        (6) The record of the applicant and its developer
12    regarding compliance with:
13            (A) federal, state, and local discrimination, wage
14        and hour, disability, and occupational and
15        environmental health and safety laws; and
16            (B) state and local labor relations and employment
17        laws.
18        (7) The applicant's record in dealing with its
19    employees and their representatives at other locations.
20        (8) A plan concerning the utilization of
21    minority-owned and female-owned businesses and concerning
22    the hiring of minorities and females.
23        (9) Evidence the applicant used its best efforts to
24    reach a goal of 25% ownership representation by minority
25    persons and 5% ownership representation by females.
26    (b) Applicants shall submit with their application all

 

 

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1documents, resolutions, and letters of support from the
2governing body that represents the municipality or county
3wherein the licensee will be located.
4    (c) Each applicant shall disclose the identity of every
5person, association, trust or corporation having a greater than
61% direct or indirect pecuniary interest in the gambling
7operation with respect to which the license is sought. If the
8disclosed entity is a trust, the application shall disclose the
9names and addresses of the beneficiaries; if a corporation, the
10names and addresses of all stockholders and directors; if a
11partnership, the names and addresses of all partners, both
12general and limited.
13    (d) An application shall be filed and considered in
14accordance with the rules of the Board. An application fee of
15$50,000 shall be paid at the time of filing to defray the costs
16associated with the background investigation conducted by the
17Board. If the costs of the investigation exceed $50,000, the
18applicant shall pay the additional amount to the Board. If the
19costs of the investigation are less than $50,000, the applicant
20shall receive a refund of the remaining amount. All
21information, records, interviews, reports, statements,
22memoranda or other data supplied to or used by the Board in the
23course of its review or investigation of an application for a
24license or a renewal under this Act shall be privileged,
25strictly confidential and shall be used only for the purpose of
26evaluating an applicant for a license or a renewal. Such

 

 

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1information, records, interviews, reports, statements,
2memoranda or other data shall not be admissible as evidence,
3nor discoverable in any action of any kind in any court or
4before any tribunal, board, agency or person, except for any
5action deemed necessary by the Board.
6    (e) The Board shall charge each applicant a fee set by the
7Department of State Police to defray the costs associated with
8the search and classification of fingerprints obtained by the
9Board with respect to the applicant's application. These fees
10shall be paid into the State Police Services Fund.
11    (f) The licensed owner shall be the person primarily
12responsible for the boat or casino itself. Only one gambling
13operation may be authorized by the Board on any riverboat or in
14any casino. The applicant must identify the riverboat or
15premises it intends to use and certify that the riverboat or
16premises: (1) has the authorized capacity required in this Act;
17(2) is accessible to disabled persons; and (3) is fully
18registered and licensed in accordance with any applicable laws.
19    (g) A person who knowingly makes a false statement on an
20application is guilty of a Class A misdemeanor.
21(Source: P.A. 96-1392, eff. 1-1-11; 09700SB1849ham002.)
 
22    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
23    Sec. 7. Owners Licenses.
24    (a) The Board shall issue owners licenses to persons, firms
25or corporations which apply for such licenses upon payment to

 

 

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1the Board of the non-refundable license fee set by the Board,
2upon payment of a $25,000 license fee for the first year of
3operation and a $5,000 license fee for each succeeding year and
4upon a determination by the Board that the applicant is
5eligible for an owners license pursuant to this Act and the
6rules of the Board. From the effective date of this amendatory
7Act of the 95th General Assembly until (i) 3 years after the
8effective date of this amendatory Act of the 95th General
9Assembly, (ii) the date any organization licensee begins to
10operate a slot machine or video game of chance under the
11Illinois Horse Racing Act of 1975 or this Act, (iii) the date
12that payments begin under subsection (c-5) of Section 13 of the
13Act, (iv) the wagering tax imposed under Section 13 of this Act
14is increased by law to reflect a tax rate that is at least as
15stringent or more stringent than the tax rate contained in
16subsection (a-3) of Section 13, or (v) when an owners licensee
17holding a license issued pursuant to Section 7.1 of this Act
18begins conducting gaming, whichever occurs first, as a
19condition of licensure and as an alternative source of payment
20for those funds payable under subsection (c-5) of Section 13 of
21this Act, any owners licensee that holds or receives its owners
22license on or after the effective date of this amendatory Act
23of the 94th General Assembly, other than an owners licensee
24operating a riverboat with adjusted gross receipts in calendar
25year 2004 of less than $200,000,000, must pay into the Horse
26Racing Equity Trust Fund, in addition to any other payments

 

 

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1required under this Act, an amount equal to 3% of the adjusted
2gross receipts received by the owners licensee. The payments
3required under this Section shall be made by the owners
4licensee to the State Treasurer no later than 3:00 o'clock p.m.
5of the day after the day when the adjusted gross receipts were
6received by the owners licensee. A person, firm or corporation
7is ineligible to receive an owners license if:
8        (1) the person has been convicted of a felony under the
9    laws of this State, any other state, or the United States;
10        (2) the person has been convicted of any violation of
11    Article 28 of the Criminal Code of 1961, or substantially
12    similar laws of any other jurisdiction;
13        (3) the person has submitted an application for a
14    license under this Act which contains false information;
15        (4) the person is a member of the Board;
16        (5) a person defined in (1), (2), (3) or (4) is an
17    officer, director or managerial employee of the firm or
18    corporation;
19        (6) the firm or corporation employs a person defined in
20    (1), (2), (3) or (4) who participates in the management or
21    operation of gambling operations authorized under this
22    Act;
23        (7) (blank); or
24        (8) a license of the person, firm or corporation issued
25    under this Act, or a license to own or operate gambling
26    facilities in any other jurisdiction, has been revoked.

 

 

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1    The Board is expressly prohibited from making changes to
2the requirement that licensees make payment into the Horse
3Racing Equity Trust Fund without the express authority of the
4Illinois General Assembly and making any other rule to
5implement or interpret this amendatory Act of the 95th General
6Assembly. For the purposes of this paragraph, "rules" is given
7the meaning given to that term in Section 1-70 of the Illinois
8Administrative Procedure Act.
9    (b) In determining whether to grant an owners license to an
10applicant, the Board shall consider:
11        (1) the character, reputation, experience and
12    financial integrity of the applicants and of any other or
13    separate person that either:
14            (A) controls, directly or indirectly, such
15        applicant, or
16            (B) is controlled, directly or indirectly, by such
17        applicant or by a person which controls, directly or
18        indirectly, such applicant;
19        (2) the facilities or proposed facilities for the
20    conduct of gambling;
21        (3) the highest prospective total revenue to be derived
22    by the State from the conduct of gambling;
23        (4) the extent to which the ownership of the applicant
24    reflects the diversity of the State by including minority
25    persons, females, and persons with a disability and the
26    good faith affirmative action plan of each applicant to

 

 

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1    recruit, train and upgrade minority persons, females, and
2    persons with a disability in all employment
3    classifications;
4        (5) the financial ability of the applicant to purchase
5    and maintain adequate liability and casualty insurance;
6        (6) whether the applicant has adequate capitalization
7    to provide and maintain, for the duration of a license, a
8    riverboat or casino;
9        (7) the extent to which the applicant exceeds or meets
10    other standards for the issuance of an owners license which
11    the Board may adopt by rule;
12        (8) the amount of the applicant's license bid;
13        (9) the extent to which the applicant or the proposed
14    host municipality plans to enter into revenue sharing
15    agreements with communities other than the host
16    municipality and the terms of those agreements; and
17        (10) the extent to which the ownership of an applicant
18    includes the most qualified number of minority persons,
19    females, and persons with a disability.
20    (c) Each owners license shall specify the place where the
21casino shall operate or the riverboat shall operate and dock.
22    (d) Each applicant shall submit with his application, on
23forms provided by the Board, 2 sets of his fingerprints.
24    (e) In addition to any licenses authorized under subsection
25(e-5) of this Section, the Board may issue up to 10 licenses
26authorizing the holders of such licenses to own riverboats. In

 

 

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1the application for an owners license, the applicant shall
2state the dock at which the riverboat is based and the water on
3which the riverboat will be located. The Board shall issue 5
4licenses to become effective not earlier than January 1, 1991.
5Three of such licenses shall authorize riverboat gambling on
6the Mississippi River, or, with approval by the municipality in
7which the riverboat was docked on August 7, 2003 and with Board
8approval, be authorized to relocate to a new location, in a
9municipality that (1) borders on the Mississippi River or is
10within 5 miles of the city limits of a municipality that
11borders on the Mississippi River and (2), on August 7, 2003,
12had a riverboat conducting riverboat gambling operations
13pursuant to a license issued under this Act; one of which shall
14authorize riverboat gambling from a home dock in the city of
15East St. Louis. One other license shall authorize riverboat
16gambling on the Illinois River in Tazewell County or, with
17approval by a municipality in which such riverboat was docked
18on January 1, 2010 and with Board approval, shall authorize the
19riverboat to relocate to a new location that is no more than 10
20miles away from its original location, in a municipality that
21(1) borders on the Illinois River or is within 5 miles of the
22city limits of a municipality that borders on the Illinois
23River and (2) on January 1, 2010, had a riverboat conducting
24riverboat gambling operations pursuant to a license issued
25under this Act. The Board shall issue one additional license to
26become effective not earlier than March 1, 1992, which shall

 

 

SB3925- 49 -LRB097 21816 AMC 70438 b

1authorize riverboat gambling on the Des Plaines River in Will
2County. The Board may issue 4 additional licenses to become
3effective not earlier than March 1, 1992. In determining the
4water upon which riverboats will operate, the Board shall
5consider the economic benefit which riverboat gambling confers
6on the State, and shall seek to assure that all regions of the
7State share in the economic benefits of riverboat gambling.
8    In granting all licenses, the Board may give favorable
9consideration to economically depressed areas of the State, to
10applicants presenting plans which provide for significant
11economic development over a large geographic area, and to
12applicants who currently operate non-gambling riverboats in
13Illinois. The Board shall review all applications for owners
14licenses, and shall inform each applicant of the Board's
15decision. The Board may grant an owners license to an applicant
16that has not submitted the highest license bid, but if it does
17not select the highest bidder, the Board shall issue a written
18decision explaining why another applicant was selected and
19identifying the factors set forth in this Section that favored
20the winning bidder.
21    (e-5) In addition to licenses authorized under subsection
22(e) of this Section, the Board may issue the following
23licenses:
24        (1) One owners license authorizing the conduct of
25    casino gambling in the City of Chicago.
26        (2) One owners license authorizing the conduct of

 

 

SB3925- 50 -LRB097 21816 AMC 70438 b

1    riverboat gambling in the City of Danville.
2        (3) One owners license authorizing the conduct of
3    riverboat gambling located in the City of Park City.
4        (4) One owners license authorizing the conduct of
5    riverboat gambling in the City of Rockford.
6        (5) One owners license authorizing the conduct of
7    riverboat gambling in a municipality that is located in one
8    of the following townships of Cook County: Bloom, Bremen,
9    Calumet, Rich, Thornton, or Worth Township.
10    (e-6) The Board shall consider issuing a license pursuant
11to subsection (e-5) only after the corporate authority of the
12municipality in which the casino or riverboat shall be located
13has certified to the Board the following:
14        (1) that the applicant was chosen through a competitive
15    selection process that was open to the public;
16        (2) (1) that the applicant has negotiated with the
17    corporate authority in good faith;
18        (3) (2) that the applicant and the corporate authority
19    have mutually agreed on the permanent location of the
20    casino or riverboat;
21        (4) (3) that the applicant and the corporate authority
22    have mutually agreed on the temporary location of the
23    casino or riverboat;
24        (5) (4) that the applicant and the corporate authority
25    have mutually agreed on the percentage of revenues that
26    will be shared with the municipality, if any; and

 

 

SB3925- 51 -LRB097 21816 AMC 70438 b

1        (6) (5) that the applicant and the corporate authority
2    have mutually agreed on any zoning, licensing, public
3    health, or other issues that are within the jurisdiction of
4    the municipality.
5At least 7 days before the corporate authority of a
6municipality submits a certification to the Board concerning
7items (1) through (6) of this subsection, it shall hold a
8public hearing to discuss items (1) through (6), as well as any
9other details concerning the proposed riverboat or casino in
10the municipality. The corporate authority must subsequently
11memorialize the details concerning the proposed riverboat or
12casino in a resolution that must be adopted by a majority of
13the corporate authority before any certification is sent to the
14Board. The Board shall not alter, amend, change, or otherwise
15interfere with any agreement between the applicant and the
16corporate authority of the municipality regarding the location
17of any temporary or permanent facility.
18    (e-10) The licenses authorized under subsection (e-5) of
19this Section shall be issued within a reasonable time 12 months
20after the date the license application is submitted. If the
21Board does not issue the licenses within that time period, then
22the Board shall give a written explanation to the applicant as
23to why it has not reached a determination. The Board shall
24issue the license within 6 months after giving the written
25explanation to the applicant. The fee for the issuance or
26renewal of a license issued pursuant to this subsection (e-10)

 

 

SB3925- 52 -LRB097 21816 AMC 70438 b

1shall be $100,000. Additionally, a licensee located outside of
2Cook County shall pay a minimum initial fee of $12,500 per
3gaming position, and a licensee located in Cook County shall
4pay a minimum initial fee of $25,000 per gaming position. The
5initial fees payable under this subsection (e-10) shall be
6deposited into the Gaming Facilities Fee Revenue Fund.
7    (e-15) Each licensee of a license authorized under
8subsection (e-5) of this Section shall make a reconciliation
9payment 4 years after the date the licensee begins operating in
10an amount equal to 75% of the adjusted gross receipts for the
11most lucrative 12-month period of operations, minus an amount
12equal to the initial $12,500, $25,000, or any higher initial
13payment per gaming position, whichever was the initial amount
14paid by the specific licensee. If this calculation results in a
15negative amount, then the licensee is not entitled to any
16reimbursement of fees previously paid. This reconciliation
17payment may be made in installments over a period of no more
18than 2 years, subject to Board approval. Any installment
19payments shall include an annual market interest rate as
20determined by the Board. All payments by licensees under this
21subsection (e-15) shall be deposited into the Gaming Facilities
22Fee Revenue Fund.
23    (e-20) In addition to any other revocation powers granted
24to the Board under this Act, the Board may revoke the owners
25license of a licensee which fails to begin conducting gambling
26within 15 months of receipt of the Board's approval of the

 

 

SB3925- 53 -LRB097 21816 AMC 70438 b

1application if the Board determines that license revocation is
2in the best interests of the State.
3    (e-25) The provisions of this subsection (e-25) apply only
4to an owners licensee of a license issued or re-issued pursuant
5to Section 7.1 of this Act. The owners licensee shall pay (i) a
6$100,000 fee for the issuance or renewal of its license and
7(ii) an initial fee of $25,000 per gaming position in place of,
8and not in addition to, the initial fee required under
9subsection (h) of this Section. Additionally, the owners
10licensee shall make a reconciliation payment on July 1, 2016 in
11an amount equal to 75% of the average annual adjusted gross
12receipts, minus an amount equal to the $25,000 initial payment
13per gaming position. If this calculation results in a negative
14amount, then the owners licensee is not entitled to any
15reimbursement of fees previously paid. This reconciliation
16payment may be made in installments over a period of no more
17than 2 years, subject to Board approval. Any installment
18payments shall include an annual market interest rate as
19determined by the Board. All payments by licensees under this
20subsection (e-25) shall be deposited into the Gaming Facilities
21Fee Revenue Fund. For any payments required under this Section
227, the owners licensee shall receive (i) a credit for any
23amounts that the owners licensee has paid to the State or the
24Board or their agents prior to November 1, 2010 for
25consultants, licensing fees, up-front fees, or other items and
26(ii) a credit for the payments that the unit of local

 

 

SB3925- 54 -LRB097 21816 AMC 70438 b

1government has pledged to remit to the State, which shall be
2equal to the present value of such payments as determined by
3the Board in its decision dated January 14, 2009. An owners
4licensee subject to this subsection (e-25) shall only pay the
5initial fees required pursuant to this subsection and shall not
6have to pay any initial fees or payments that were ordered by
7the Board prior to November 1, 2010. However, any payments that
8have been made by an owners licensee subject to this subsection
9(e-25) to the State or to the Board or their agents shall
10remain with the State and the owners licensee shall receive a
11credit as specified in this subsection (e-25).
12    In the event the owners licensee has made payments on or
13after November 1, 2010 but prior to the effective date of this
14amendatory Act of the 97th General Assembly to the State or the
15Board or their agents towards the amount it bid during the
16selection process to receive its owners license, then such
17payments shall be refunded to the owners licensee. The refund
18shall be in the form of a credit, which shall offset taxes due
19under Section 12 and Section 13 in the amount of such prior
20payments to the State or the Board or their agents as such
21taxes under Section 12 and Section 13 become due, and which
22credit shall be in addition to any other credit granted in this
23subsection (e-25) and elsewhere in the Illinois Gambling Act.
24If any credit granted in this subsection (e-25) is not fully
25utilized in any given year, then the remainder shall be carried
26forward to subsequent years until such credit has been fully

 

 

SB3925- 55 -LRB097 21816 AMC 70438 b

1utilized. Consistent with the provisions contained in this
2subsection (e-25), the owners licensee shall be treated as
3having paid the amount of taxes due under Sections 12 and 13
4without reduction for the credit granted in this subsection
5(e-25), and the amount of such credit shall be considered a
6refund of the owners licensee bid amount as such credit is
7utilized.
8    (f) The first 10 owners licenses issued under this Act
9shall permit the holder to own up to 2 riverboats and equipment
10thereon for a period of 3 years after the effective date of the
11license. Holders of the first 10 owners licenses must pay the
12annual license fee for each of the 3 years during which they
13are authorized to own riverboats.
14    (g) Upon the termination, expiration, or revocation of each
15of the first 10 licenses, which shall be issued for a 3 year
16period, all licenses are renewable annually upon payment of the
17fee and a determination by the Board that the licensee
18continues to meet all of the requirements of this Act and the
19Board's rules. However, for licenses renewed on or after May 1,
201998, including casino operator licenses, renewal shall be for
21a period of 4 years, unless the Board sets a shorter period.
22Notwithstanding any provision in this subsection (g) to the
23contrary, any license that is awarded to the Chicago Casino
24Development Authority shall not expire, but it shall be subject
25to the provisions of this Act and the rules of the Board,
26provided, however, that nothing in this Act or in the Chicago

 

 

SB3925- 56 -LRB097 21816 AMC 70438 b

1Casino Development Authority Act shall limit the authority of
2the Board granted to it by Section 5 of this Act to take any
3action necessary to protect the credibility and integrity of
4gambling operations in this State, including, but not limited
5to, the authority to revoke any license, including that awarded
6to the Chicago Casino Development Authority, and to suspend any
7license, including that awarded to the Chicago Casino
8Development Authority, for just cause and until such time as
9the event or events that precipitated the Board's action have
10been addressed to the satisfaction of the Board.
11    (h) An owners license, except for an owners license issued
12under subsection (e-5) of this Section, shall entitle the
13licensee to own up to 2 riverboats.
14    An owners licensee of a casino or riverboat that is located
15in the City of Chicago pursuant to subsection (e-5) of this
16Section shall limit the number of gaming positions to 4,000 for
17such owners. All other owners licensees shall limit the number
18of gaming positions to 1,600 for any such owners license,
19except as further provided in subsection (h-10) of this
20Section. The initial fee for each gaming position obtained on
21or after the effective date of this amendatory Act of the 97th
22General Assembly shall be a minimum of $12,500 for licensees
23not located in Cook County and a minimum of $25,000 for
24licensees located in Cook County, in addition to the
25reconciliation payment, as set forth in subsections (e-15),
26(e-25), or (h-5) of this Section.

 

 

SB3925- 57 -LRB097 21816 AMC 70438 b

1    A licensee may operate both of its riverboats concurrently,
2provided that the total number of gaming positions on both
3riverboats does not exceed the limit established pursuant to
4this subsection and subsection (h-10) of this Section .
5Riverboats licensed to operate on the Mississippi River and the
6Illinois River south of Marshall County shall have an
7authorized capacity of at least 500 persons. Any other
8riverboat licensed under this Act shall have an authorized
9capacity of at least 400 persons.
10    (h-5) An owners licensee who conducted gambling operations
11prior to January 1, 2011 and purchases positions under
12subsection (h) of this Section on or after the effective date
13of this amendatory Act of the 97th General Assembly must pay an
14initial fee of $12,500 per gaming position if the licensee is
15located outside Cook County and an initial fee of $25,000 per
16gaming position if the licensee is located in Cook County, as
17stated in subsection (h) of this Section. These initial fees
18shall be deposited into the Gaming Facilities Fee Revenue Fund.
19Additionally, that owners licensee shall make a reconciliation
20payment 4 years after any additional gaming positions
21authorized by subsection (h) begin operating in an amount equal
22to 75% of the owners licensee's average gross receipts for the
23most lucrative 12-month period of operations minus an amount
24equal to $12,500 or $25,000 that the owners licensee paid per
25additional gaming position. For purposes of this subsection
26(h-5), "average gross receipts" means (i) the increase in

 

 

SB3925- 58 -LRB097 21816 AMC 70438 b

1adjusted gross receipts for the most lucrative 12-month period
2of operations over the adjusted gross receipts for 2011,
3multiplied by (ii) the percentage derived by dividing the
4number of additional gaming positions that an owners licensee
5had purchased pursuant to subsection (h) by the total number of
6gaming positions operated by the owners licensee. If this
7calculation results in a negative amount, then the owners
8licensee is not entitled to any reimbursement of fees
9previously paid. This reconciliation payment may be made in
10installments over a period of no more than 2 years, subject to
11Board approval. Any installment payments shall include an
12annual market interest rate as determined by the Board. These
13reconciliation payments shall be deposited into the Gaming
14Facilities Fee Revenue Fund.
15    (h-10) All owners licensees in operation prior to the
16effective date of this amendatory Act of the 97th General
17Assembly shall have 90 days after such effective date to
18reserve up to 1,600 gaming positions, including gaming
19positions in operation prior to such effective date. Any
20positions that are not reserved by a licensed owner within 90
21days after such effective date shall be forfeited and retained
22by the Board. The initial fee for each gaming position imposed
23by subsection (h) of this Section shall be payable within 90
24days after the Board publishes the number of gaming positions
25reserved by each existing owners licensee and the total
26unreserved gaming positions. Any positions that have been

 

 

SB3925- 59 -LRB097 21816 AMC 70438 b

1reserved, but for which payment has not been received, shall be
2forfeited and retained by the Board. Nothing in this paragraph
3shall prevent an owners licensee from immediately having up to
41,600 gaming positions in operation on the effective date of
5this amendatory Act of the 97th General Assembly upon receipt
6of the required payment for the gaming positions.
7    Thereafter, the Board shall publish the number of gaming
8positions reserved and unreserved by each owners licensee,
9shall accept requests for additional gaming positions from any
10owners licensee which initially reserved 1,600 gaming
11positions, and shall allocate expeditiously the unreserved
12gaming positions to such requesting owners licensees in a
13manner to maximize revenue to the State. All positions obtained
14pursuant to this process must be in operation within 18 months
15after they were obtained or the owners licensee forfeits the
16right to operate those positions, but is not entitled to a
17refund of any fees paid. The Board may, after holding a public
18hearing, grant extensions so long as a licensed owner is
19working in good faith to make the positions operational. The
20extension may be for a period of 6 months. If, after the period
21of the extension, a licensed owner has not made the positions
22operational, then another public hearing must be held by the
23Board before it may grant another extension.
24    For owners licensees not in operation prior to the
25effective date of this amendatory Act of the 97th General
26Assembly, and authorized under subsections (e-5)(2) through

 

 

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1(e-5)(5) of this Section, the application for such new owners
2licenses shall ask the applicants to stipulate in their
3applications the number of gaming positions each applicant
4would like to reserve, up to 1,600 gaming positions. Once the
5last winning applicant for each of these owners licenses has
6been selected by the Board, the Board shall publish the number
7of gaming positions reserved and unreserved by each winning
8applicant, shall accept requests for additional gaming
9positions from any applicant which initially reserved 1,600
10gaming positions, and shall allocate expeditiously the
11unreserved gaming positions to such requesting applicants in a
12manner to maximize revenue to the State.
13    In the event that not all of the unreserved gaming
14positions described in the first and second paragraphs of this
15subsection (h-10) were requested by owners licensees and
16applicants, then until there are no longer unreserved gaming
17positions, the Board periodically shall govern a process to
18allocate the unreserved gaming positions in a manner to
19maximize revenue to the State.
20    Unreserved gaming positions retained from and allocated to
21owners licensees by the Board pursuant to this subsection
22(h-10) shall not be allocated to electronic gaming licensees
23pursuant to subsection (e) of Section 7.6 of this Act.
24    For the purpose of this subsection (h-10), the unreserved
25gaming positions for each existing owners licensee shall be
261,600 less the greater of (i) 1,200; or (ii) the number of

 

 

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1reserved gaming positions by such owners licensee, and the
2total unreserved gaming positions shall be the aggregate of the
3unreserved gaming positions for all existing owners licensees.
4    (i) A licensed owner is authorized to apply to the Board
5for and, if approved therefor, to receive all licenses from the
6Board necessary for the operation of a riverboat or a casino,
7including a liquor license, a license to prepare and serve food
8for human consumption, and other necessary licenses. All use,
9occupation and excise taxes which apply to the sale of food and
10beverages in this State and all taxes imposed on the sale or
11use of tangible personal property apply to such sales aboard
12the riverboat or in the casino.
13    (j) The Board may issue or re-issue a license authorizing a
14riverboat to dock in a municipality or approve a relocation
15under Section 11.2 only if, prior to the issuance or
16re-issuance of the license or approval, the governing body of
17the municipality in which the riverboat will dock has by a
18majority vote approved the docking of riverboats in the
19municipality. The Board may issue or re-issue a license
20authorizing a riverboat to dock in areas of a county outside
21any municipality or approve a relocation under Section 11.2
22only if, prior to the issuance or re-issuance of the license or
23approval, the governing body of the county has by a majority
24vote approved of the docking of riverboats within such areas.
25    (k) An owners licensee may conduct land-based gambling
26operations upon approval by the Board.

 

 

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1    (l) An owners licensee may, upon approval by the Board,
2conduct gaming at a temporary facility pending the construction
3of a permanent facility or the remodeling or relocation of an
4existing facility to accommodate gaming participants for up to
524 months after the temporary facility begins to conduct
6gaming. Upon request by an owners licensee and upon a showing
7of good cause by the owners licensee, the Board shall extend
8the period during which the licensee may conduct gaming at a
9temporary facility by up to 12 months. The Board shall make
10rules concerning the conduct of gaming from temporary
11facilities.
12(Source: P.A. 95-1008, eff. 12-15-08; 96-1392, eff. 1-1-11;
1309700SB1849ham002 and ham003.)
 
14    (230 ILCS 10/7.6)
15    Sec. 7.6. Electronic gaming.
16    (a) The General Assembly finds that the horse racing and
17riverboat gambling industries share many similarities and
18collectively comprise the bulk of the State's gaming industry.
19One feature common to both industries is that each is highly
20regulated by the State of Illinois. The General Assembly
21further finds, however, that despite their shared features each
22industry is distinct from the other in that horse racing is and
23continues to be intimately tied to Illinois' agricultural
24economy and is, at its core, a spectator sport. This
25distinction requires the General Assembly to utilize different

 

 

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1methods to regulate and promote the horse racing industry
2throughout the State. The General Assembly finds that in order
3to promote live horse racing as a spectator sport in Illinois
4and the agricultural economy of this State, it is necessary to
5allow electronic gaming at Illinois race tracks as an ancillary
6use given the success of other states in increasing live racing
7purse accounts and improving the quality of horses
8participating in horse race meetings.
9    (b) The Illinois Gaming Board shall award one electronic
10gaming license to each person, firm, or corporation having
11operating control of a race track that applies under Section 56
12of the Illinois Horse Racing Act of 1975, subject to the
13application and eligibility requirements of this Section.
14Within 60 days after the effective date of this amendatory Act
15of the 97th General Assembly, a person, firm, or corporation
16having operating control of a race track may submit an
17application for an electronic gaming license. The application
18shall specify the number of gaming positions the applicant
19intends to use and the place where the electronic gaming
20facility will operate.
21    The Board shall determine within 120 days after receiving
22an application for an electronic gaming license, whether to
23grant an electronic gaming license to the applicant within a
24reasonable time. If the Board does not make a determination
25within that time period, then the Board shall give a written
26explanation to the applicant as to why it has not reached a

 

 

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1determination and when it reasonably expects to make a
2determination.
3    The electronic gaming licensee shall purchase up to the
4amount of electronic gaming positions authorized under this Act
5within 120 days after receiving its electronic gaming license.
6If an electronic gaming licensee is prepared to purchase the
7electronic gaming positions, but is temporarily prohibited
8from doing so by order of a court of competent jurisdiction or
9the Board, then the 120-day period is tolled until a resolution
10is reached.
11    An electronic gaming license shall authorize its holder to
12conduct electronic gaming at its race track at the following
13times:
14        (1) On days when it conducts live racing at the track
15    where its electronic gaming facility is located, from 8:00
16    a.m. until 3:00 a.m. on the following day.
17        (2) On days when it is scheduled to conduct simulcast
18    wagering on races run in the United States, from 8:00 a.m.
19    until 3:00 a.m. on the following day.
20    Additionally, the Board may extend these days of operation
21and hours upon request by an organization licensee as the Board
22sees fit.
23    A license to conduct electronic gaming and any renewal of
24an electronic gaming license shall authorize electronic gaming
25for a period of 4 years. The fee for the issuance or renewal of
26an electronic gaming license shall be $100,000.

 

 

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1    (c) To be eligible to conduct electronic gaming, a person,
2firm, or corporation having operating control of a race track
3must (i) obtain an electronic gaming license, (ii) hold an
4organization license under the Illinois Horse Racing Act of
51975, (iii) hold an inter-track wagering license, (iv) pay an
6initial fee of $25,000 per gaming position from electronic
7gaming licensees where electronic gaming is conducted in Cook
8County and $12,500 for electronic gaming licensees where
9electronic gaming is located outside of Cook County before
10beginning to conduct electronic gaming plus make the
11reconciliation payment required under subsection (i), (v)
12conduct at least 240 live races at each track per year or for a
13licensee that is only authorized 350 gaming positions pursuant
14to subsection (d) of Section 7.6 of this Act, 96 live races per
15year until such time as the total number of gaming positions is
16increased to 900, (vi) meet the requirements of subsection (a)
17of Section 56 of the Illinois Horse Racing Act of 1975, (vii)
18for organization licensees conducting standardbred race
19meetings that had an open backstretch in 2009, keep backstretch
20barns and dormitories open and operational year-round unless a
21lesser schedule is mutually agreed to by the organization
22licensee and the horsemen's association racing at that
23organization licensee's race meeting, (viii) for organization
24licensees conducting thoroughbred race meetings, the
25organization licensee must maintain accident medical expense
26liability insurance coverage of $1,000,000 for jockeys, and

 

 

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1(ix) meet all other requirements of this Act that apply to
2owners licensees. Only those persons, firms, or corporations
3(or its successors or assigns) that had operating control of a
4race track and held an inter-track wagering license authorized
5by the Illinois Racing Board in 2009 are eligible.
6    An electronic gaming licensee may enter into a joint
7venture with a licensed owner to own, manage, conduct, or
8otherwise operate the electronic gaming licensee's electronic
9gaming facilities, unless the electronic gaming licensee has a
10parent company or other affiliated company that is, directly or
11indirectly, wholly owned by a parent company that is also
12licensed to conduct electronic gaming, casino gaming, or their
13equivalent in another state.
14    All payments by licensees under this subsection (c) shall
15be deposited into the Gaming Facilities Fee Revenue Fund.
16    (d) The Board may approve electronic gaming positions
17statewide as provided in this Section. The authority to operate
18electronic gaming positions under this Section shall be
19allocated as follows: up to 1,200 gaming positions for any
20electronic gaming licensee in Cook County whose electronic
21gaming license originates with an organization licensee that
22conducted live racing in calendar year 2010; up to 900 gaming
23positions for any electronic gaming licensee outside of Cook
24County whose electronic gaming license originates with an
25organization licensee that conducted live racing in calendar
26year 2010; and, beginning on January 1, 2015, up to 350 gaming

 

 

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1positions for any electronic gaming licensee whose electronic
2gaming license originates with an organization licensee that
3did not conduct live racing in calendar year 2010, which shall
4increase to 900 gaming positions (i) if the electronic gaming
5licensee conducted 96 live races in the previous calendar year
6or (ii) beginning on January 1, 2017 2015, whichever occurs
7first, provided that the Board issues a report that recommends
8conducting electronic gaming at a race track in Rock Island
9County.
10    (e) Each applicant for an electronic gaming license shall
11specify in its application for licensure the number of gaming
12positions it will operate, up to the applicable limitation set
13forth in subsection (d) of this Section. Any unreserved gaming
14positions that are not specified shall be forfeited and
15retained by the Board. For the purposes of this subsection (e),
16an electronic gaming licensee that did not conduct live racing
17in 2010 may reserve up to 900 positions and shall not be
18penalized under this Section for not operating those positions
19until it meets the requirements of subsection (d) of this
20Section, but such licensee shall not request unreserved gaming
21positions under this subsection (e) until its 900 positions are
22all operational.
23    Thereafter, the Board shall offer any unreserved gaming
24positions in equal amounts to electronic gaming licensees, or
25applicants therefor, that have purchased all of the positions
26that were offered. This process shall continue until all

 

 

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1unreserved gaming positions have been purchased. All positions
2obtained pursuant to this process and all positions the
3electronic gaming licensee specified it would operate in its
4application must be in operation within 18 months after they
5were obtained or the electronic gaming licensee forfeits the
6right to operate those positions, but is not entitled to a
7refund of any fees paid. The Board may, after holding a public
8hearing, grant extensions so long as the electronic gaming
9licensee is working in good faith to make the positions
10operational. The extension may be for a period of 6 months. If,
11after the period of the extension, the electronic gaming
12licensee has not made the positions operational, then another
13public hearing must be held by the Board before it may grant
14another extension.
15    Unreserved gaming positions retained from and allocated to
16electronic gaming licensees by the Board pursuant to this
17subsection (e) shall not be allocated to owners licensees
18pursuant to subsection (h-10) of Section 7 of this Act.
19    For the purpose of this subsection (e), the unreserved
20gaming positions for each electronic gaming licensee shall be
21the applicable limitation set forth in subsection (d) of this
22Section, less the number of reserved gaming positions by such
23electronic gaming licensee, and the total unreserved gaming
24positions shall be the aggregate of the unreserved gaming
25positions for all electronic gaming licensees.
26    (f) Subject to the approval of the Illinois Gaming Board,

 

 

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1an electronic gaming licensee may make modification or
2additions to any existing buildings and structures to comply
3with the requirements of this Act. The Illinois Gaming Board
4shall make its decision after consulting with the Illinois
5Racing Board. In no case, however, shall the Illinois Gaming
6Board approve any modification or addition that alters the
7grounds of the organizational licensee such that the act of
8live racing is an ancillary activity to electronic gaming.
9Electronic gaming may take place in existing structures where
10inter-track wagering is conducted at the race track or a
11facility within 300 yards of the race track in accordance with
12the provisions of this Act and the Illinois Horse Racing Act of
131975.
14    (g) With prior approval of the Illinois Gaming Board, an An
15electronic gaming licensee may conduct electronic gaming at a
16temporary facility pending the construction of a permanent
17facility or the remodeling or relocation of an existing
18facility to accommodate electronic gaming participants for up
19to 24 months after the temporary facility begins to conduct
20electronic gaming. Upon request by an electronic gaming
21licensee and upon a showing of good cause by the electronic
22gaming licensee, the Board shall extend the period during which
23the licensee may conduct electronic gaming at a temporary
24facility by up to 12 months. The Board shall make rules
25concerning the conduct of electronic gaming from temporary
26facilities.

 

 

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1    Electronic gaming may take place in existing structures
2where inter-track wagering is conducted at the race track or a
3facility within 300 yards of the race track in accordance with
4the provisions of this Act and the Illinois Horse Racing Act of
51975. Any electronic gaming conducted at a permanent facility
6within 300 yards of the race track in accordance with this Act
7and the Illinois Horse Racing Act of 1975 shall have an
8all-weather egress connecting the electronic gaming facility
9and the race track facility or, on days and hours of live
10racing, a complimentary shuttle service between the permanent
11electronic gaming facility and the race track facility and
12shall not charge electronic gaming participants an additional
13admission fee to the race track facility.
14    (h) The Illinois Gaming Board must adopt emergency rules in
15accordance with Section 5-45 of the Illinois Administrative
16Procedure Act as necessary to ensure compliance with the
17provisions of this amendatory Act of the 97th General Assembly
18concerning electronic gaming. The adoption of emergency rules
19authorized by this subsection (h) shall be deemed to be
20necessary for the public interest, safety, and welfare.
21    (i) Each electronic gaming licensee who obtains electronic
22gaming positions must make a reconciliation payment 4 years
23after the date the electronic gaming licensee begins operating
24the positions in an amount equal to 75% of the difference
25between its adjusted gross receipts from electronic gaming and
26amounts paid to its purse accounts pursuant to item (1) of

 

 

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1subsection (b) of Section 56 of the Illinois House Racing Act
2of 1975 for the 12-month period for which such difference was
3the largest, minus an amount equal to the initial $25,000 or
4$12,500 per electronic gaming position initial payment. If this
5calculation results in a negative amount, then the electronic
6gaming licensee is not entitled to any reimbursement of fees
7previously paid. This reconciliation payment may be made in
8installments over a period of no more than 2 years, subject to
9Board approval. Any installment payments shall include an
10annual market interest rate as determined by the Board.
11    All payments by licensees under this subsection (i) shall
12be deposited into the Gaming Facilities Fee Revenue Fund.
13    (j) As soon as practical after a request is made by the
14Illinois Gaming Board, to minimize duplicate submissions by the
15applicant, the Illinois Racing Board must provide information
16on an applicant for an electronic gaming license to the
17Illinois Gaming Board.
18    (k) Subject to the approval of the Illinois Gaming Board,
19an organization licensee that has received an electronic gaming
20license under this Act and has operating control of a race
21track facility located in Cook County may relocate its race
22track facility as follows:
23        (1) the organization licensee may relocate within a
24    3-mile radius of its existing race track facility so long
25    as the organization licensee remains in Cook County and
26    submits its plan to construct a new structure to conduct

 

 

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1    electronic gaming operations; and
2        (2) the organization licensee may not relocate within a
3    5-mile radius of a riverboat if the owners license was
4    issued prior to December 31, 2011.
5The relocation must include the race track facility, including
6the race track operations used to conduct live racing and the
7electronic gaming facility in its entirety. For the purposes of
8this subsection (k), "race track facility" means all operations
9conducted on the race track property for which it was awarded a
10license for pari-mutuel wagering and live racing in the year
112010, except for the real estate itself. The Illinois Gaming
12Board shall make its decision after consulting with the
13Illinois Racing Board, and any relocation application shall be
14subject to all of the provisions of this Act and the Illinois
15Horse Racing Act of 1975.
16(Source: 09700SB1849ham002 and ham003.)
 
17    (230 ILCS 10/12)  (from Ch. 120, par. 2412)
18    Sec. 12. Admission tax; fees.
19    (a) A tax is hereby imposed upon admissions to riverboat
20and casino gambling facilities operated by licensed owners
21authorized pursuant to this Act. Until July 1, 2002, the rate
22is $2 per person admitted. From July 1, 2002 until July 1,
232003, the rate is $3 per person admitted. From July 1, 2003
24until August 23, 2005 (the effective date of Public Act
2594-673), for a licensee that admitted 1,000,000 persons or

 

 

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1fewer in the previous calendar year, the rate is $3 per person
2admitted; for a licensee that admitted more than 1,000,000 but
3no more than 2,300,000 persons in the previous calendar year,
4the rate is $4 per person admitted; and for a licensee that
5admitted more than 2,300,000 persons in the previous calendar
6year, the rate is $5 per person admitted. Beginning on August
723, 2005 (the effective date of Public Act 94-673), for a
8licensee that admitted 1,000,000 persons or fewer in calendar
9year 2004, the rate is $2 per person admitted, and for all
10other licensees, including licensees that were not conducting
11gambling operations in 2004, the rate is $3 per person
12admitted. This admission tax is imposed upon the licensed owner
13conducting gambling.
14        (1) The admission tax shall be paid for each admission,
15    except that a person who exits a riverboat gambling
16    facility and reenters that riverboat gambling facility
17    within the same gaming day shall be subject only to the
18    initial admission tax.
19        (2) (Blank).
20        (3) The riverboat licensee may issue tax-free passes to
21    actual and necessary officials and employees of the
22    licensee or other persons actually working on the
23    riverboat.
24        (4) The number and issuance of tax-free passes is
25    subject to the rules of the Board, and a list of all
26    persons to whom the tax-free passes are issued shall be

 

 

SB3925- 74 -LRB097 21816 AMC 70438 b

1    filed with the Board.
2    (a-5) A fee is hereby imposed upon admissions operated by
3licensed managers on behalf of the State pursuant to Section
47.3 at the rates provided in this subsection (a-5). For a
5licensee that admitted 1,000,000 persons or fewer in the
6previous calendar year, the rate is $3 per person admitted; for
7a licensee that admitted more than 1,000,000 but no more than
82,300,000 persons in the previous calendar year, the rate is $4
9per person admitted; and for a licensee that admitted more than
102,300,000 persons in the previous calendar year, the rate is $5
11per person admitted.
12        (1) The admission fee shall be paid for each admission.
13        (2) (Blank).
14        (3) The licensed manager may issue fee-free passes to
15    actual and necessary officials and employees of the manager
16    or other persons actually working on the riverboat.
17        (4) The number and issuance of fee-free passes is
18    subject to the rules of the Board, and a list of all
19    persons to whom the fee-free passes are issued shall be
20    filed with the Board.
21    (b) From the tax imposed under subsection (a) and the fee
22imposed under subsection (a-5), a municipality that is not
23located in Lake County shall receive from the State $1 for each
24person embarking on a riverboat docked within the municipality
25or entering a casino located within the municipality, and a
26county shall receive $1 for each person entering a casino or

 

 

SB3925- 75 -LRB097 21816 AMC 70438 b

1embarking on a riverboat docked within the county but outside
2the boundaries of any municipality. From the tax imposed under
3subsection (a) and the fee imposed under subsection (a-5), a
4municipality located in Lake County shall receive from the
5State $0.50 for each person embarking on a riverboat docked
6within the municipality or entering a casino located within the
7municipality and the City of Waukegan shall receive from the
8State $0.50 for each person embarking on a riverboat docked
9within a municipality in Lake County or entering a casino
10located within a municipality in Lake County. The
11municipality's or county's share shall be collected by the
12Board on behalf of the State and remitted quarterly by the
13State, subject to appropriation, to the treasurer of the unit
14of local government for deposit in the general fund.
15    (c) The licensed owner shall pay the entire admission tax
16to the Board and the licensed manager or the casino operator
17licensee shall pay the entire admission fee to the Board. Such
18payments shall be made daily. Accompanying each payment shall
19be a return on forms provided by the Board which shall include
20other information regarding admissions as the Board may
21require. Failure to submit either the payment or the return
22within the specified time may result in suspension or
23revocation of the owners or managers license.
24    (c-5) A tax is imposed on admissions to electronic gaming
25facilities at the rate of $3 per person admitted by an
26electronic gaming licensee. The tax is imposed upon the

 

 

SB3925- 76 -LRB097 21816 AMC 70438 b

1electronic gaming licensee.
2        (1) The admission tax shall be paid for each admission,
3    except that a person who exits an electronic gaming
4    facility and reenters that electronic gaming facility
5    within the same gaming day, as the term "gaming day" is
6    defined by the Board by rule, shall be subject only to the
7    initial admission tax. The Board shall establish, by rule,
8    a procedure to determine whether a person admitted to an
9    electronic gaming facility has paid the admission tax.
10        (2) An electronic gaming licensee may issue tax-free
11    passes to actual and necessary officials and employees of
12    the licensee and other persons associated with electronic
13    gaming operations.
14        (3) The number and issuance of tax-free passes is
15    subject to the rules of the Board, and a list of all
16    persons to whom the tax-free passes are issued shall be
17    filed with the Board.
18        (4) The electronic gaming licensee shall pay the entire
19    admission tax to the Board.
20    Such payments shall be made daily. Accompanying each
21payment shall be a return on forms provided by the Board, which
22shall include other information regarding admission as the
23Board may require. Failure to submit either the payment or the
24return within the specified time may result in suspension or
25revocation of the electronic gaming license.
26    From the tax imposed under this subsection (c-5), a

 

 

SB3925- 77 -LRB097 21816 AMC 70438 b

1municipality other than the Village of Stickney or the City of
2Collinsville in which an electronic gaming facility is located,
3or if the electronic gaming facility is not located within a
4municipality, then the county in which the electronic gaming
5facility is located, except as otherwise provided in this
6Section, shall receive, subject to appropriation, $1 for each
7person who enters the electronic gaming facility. For each
8admission to the electronic gaming facility in excess of
91,500,000 in a year, from the tax imposed under this subsection
10(c-5), the county in which the electronic gaming facility is
11located shall receive, subject to appropriation, $0.30, which
12shall be in addition to any other moneys paid to the county
13under this Section.
14    From the tax imposed under this subsection (c-5) on an
15electronic gaming facility located in the Village of Stickney,
16$1 for each person who enters the electronic gaming facility
17shall be distributed as follows, subject to appropriation:
18$0.25 to the Village of Stickney, $.50 to the Town of Cicero,
19$0.05 to the City of Berwyn, and $0.20 to the Stickney Public
20Health District.
21    From the tax imposed under this subsection (c-5) on an
22electronic gaming facility located in the City of Collinsville,
23$1 for each person who enters the electronic gaming facility
24shall be distributed as follows, subject to appropriation:
25$0.45 to the City of Alton, $0.45 to the City of East St.
26Louis, and $0.10 to the City of Collinsville.

 

 

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1    From the tax imposed under this subsection (c-5) on an
2electronic gaming facility that is located in an unincorporated
3area of Cook County and has been awarded standardbred racing
4dates during 2011 by the Illinois Racing Board, $1 for each
5person who enters the electronic gaming facility shall be
6divided equally and distributed, subject to appropriation, to
7the Village of Melrose Park, the Village of Maywood, and Cook
8County.
9    After payments required under this subsection (c-5) have
10been made, all remaining amounts shall be deposited into the
11Capital Projects Fund.
12    (d) The Board shall administer and collect the admission
13tax imposed by this Section, to the extent practicable, in a
14manner consistent with the provisions of Sections 4, 5, 5a, 5b,
155c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
16Retailers' Occupation Tax Act and Section 3-7 of the Uniform
17Penalty and Interest Act.
18(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11;
1909700SB1849ham002.)
 
20    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
21    Sec. 13. Wagering tax; rate; distribution.
22    (a) Until January 1, 1998, a tax is imposed on the adjusted
23gross receipts received from gambling games authorized under
24this Act at the rate of 20%.
25    (a-1) From January 1, 1998 until July 1, 2002, a privilege

 

 

SB3925- 79 -LRB097 21816 AMC 70438 b

1tax is imposed on persons engaged in the business of conducting
2riverboat gambling operations, based on the adjusted gross
3receipts received by a licensed owner from gambling games
4authorized under this Act at the following rates:
5        15% of annual adjusted gross receipts up to and
6    including $25,000,000;
7        20% of annual adjusted gross receipts in excess of
8    $25,000,000 but not exceeding $50,000,000;
9        25% of annual adjusted gross receipts in excess of
10    $50,000,000 but not exceeding $75,000,000;
11        30% of annual adjusted gross receipts in excess of
12    $75,000,000 but not exceeding $100,000,000;
13        35% of annual adjusted gross receipts in excess of
14    $100,000,000.
15    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
16is imposed on persons engaged in the business of conducting
17riverboat gambling operations, other than licensed managers
18conducting riverboat gambling operations on behalf of the
19State, based on the adjusted gross receipts received by a
20licensed owner from gambling games authorized under this Act at
21the following rates:
22        15% of annual adjusted gross receipts up to and
23    including $25,000,000;
24        22.5% of annual adjusted gross receipts in excess of
25    $25,000,000 but not exceeding $50,000,000;
26        27.5% of annual adjusted gross receipts in excess of

 

 

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1    $50,000,000 but not exceeding $75,000,000;
2        32.5% of annual adjusted gross receipts in excess of
3    $75,000,000 but not exceeding $100,000,000;
4        37.5% of annual adjusted gross receipts in excess of
5    $100,000,000 but not exceeding $150,000,000;
6        45% of annual adjusted gross receipts in excess of
7    $150,000,000 but not exceeding $200,000,000;
8        50% of annual adjusted gross receipts in excess of
9    $200,000,000.
10    (a-3) Beginning July 1, 2003, a privilege tax is imposed on
11persons engaged in the business of conducting riverboat
12gambling operations, other than licensed managers conducting
13riverboat gambling operations on behalf of the State, based on
14the adjusted gross receipts received by a licensed owner from
15gambling games authorized under this Act at the following
16rates:
17        15% of annual adjusted gross receipts up to and
18    including $25,000,000;
19        27.5% of annual adjusted gross receipts in excess of
20    $25,000,000 but not exceeding $37,500,000;
21        32.5% of annual adjusted gross receipts in excess of
22    $37,500,000 but not exceeding $50,000,000;
23        37.5% of annual adjusted gross receipts in excess of
24    $50,000,000 but not exceeding $75,000,000;
25        45% of annual adjusted gross receipts in excess of
26    $75,000,000 but not exceeding $100,000,000;

 

 

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1        50% of annual adjusted gross receipts in excess of
2    $100,000,000 but not exceeding $250,000,000;
3        70% of annual adjusted gross receipts in excess of
4    $250,000,000.
5    An amount equal to the amount of wagering taxes collected
6under this subsection (a-3) that are in addition to the amount
7of wagering taxes that would have been collected if the
8wagering tax rates under subsection (a-2) were in effect shall
9be paid into the Common School Fund.
10    The privilege tax imposed under this subsection (a-3) shall
11no longer be imposed beginning on the earlier of (i) July 1,
122005; (ii) the first date after June 20, 2003 that riverboat
13gambling operations are conducted pursuant to a dormant
14license; or (iii) the first day that riverboat gambling
15operations are conducted under the authority of an owners
16license that is in addition to the 10 owners licenses initially
17authorized under this Act. For the purposes of this subsection
18(a-3), the term "dormant license" means an owners license that
19is authorized by this Act under which no riverboat gambling
20operations are being conducted on June 20, 2003.
21    (a-4) Beginning on the first day on which the tax imposed
22under subsection (a-3) is no longer imposed and ending on
23December 31, 2014 or when the Chicago casino begins operations,
24whichever is earlier upon the imposition of the privilege tax
25under subsection (a-5) of this Section, a privilege tax is
26imposed on persons engaged in the business of conducting

 

 

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1riverboat or casino gambling or electronic gaming operations,
2other than licensed managers conducting riverboat gambling
3operations on behalf of the State, based on the adjusted gross
4receipts received by a licensed owner from gambling games
5authorized under this Act at the following rates:
6        15% of annual adjusted gross receipts up to and
7    including $25,000,000;
8        22.5% of annual adjusted gross receipts in excess of
9    $25,000,000 but not exceeding $50,000,000;
10        27.5% of annual adjusted gross receipts in excess of
11    $50,000,000 but not exceeding $75,000,000;
12        32.5% of annual adjusted gross receipts in excess of
13    $75,000,000 but not exceeding $100,000,000;
14        37.5% of annual adjusted gross receipts in excess of
15    $100,000,000 but not exceeding $150,000,000;
16        45% of annual adjusted gross receipts in excess of
17    $150,000,000 but not exceeding $200,000,000;
18        50% of annual adjusted gross receipts in excess of
19    $200,000,000.
20    For the imposition of the privilege tax in this subsection
21(a-4), amounts paid pursuant to item (1) of subsection (b) of
22Section 56 of the Illinois Horse Racing Act of 1975 shall not
23be included in the determination of adjusted gross receipts.
24    (a-5) Beginning on January 1, 2015 or when the Chicago
25casino begins operations, whichever is earlier the date when at
26least 500 additional gaming positions authorized by this

 

 

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1amendatory Act of the 97th General Assembly are being used to
2conduct gambling operations, a privilege tax is imposed on
3persons engaged in the business of conducting riverboat or
4casino gambling or electronic gaming operations, other than
5licensed managers conducting riverboat gambling operations on
6behalf of the State, based on the adjusted gross receipts
7received by such licensee from the gambling games authorized
8under this Act. The privilege tax for all gambling games other
9than table games, including, but not limited to, slot machines,
10video game of chance gambling, and electronic gambling games
11shall be at the following rates:
12        10% of annual adjusted gross receipts up to and
13    including $25,000,000;
14        17.5% of annual adjusted gross receipts in excess of
15    $25,000,000 but not exceeding $50,000,000;
16        22.5% of annual adjusted gross receipts in excess of
17    $50,000,000 but not exceeding $75,000,000;
18        27.5% of annual adjusted gross receipts in excess of
19    $75,000,000 but not exceeding $100,000,000;
20        32.5% of annual adjusted gross receipts in excess of
21    $100,000,000 but not exceeding $150,000,000;
22        35% of annual adjusted gross receipts in excess of
23    $150,000,000 but not exceeding $200,000,000;
24        40% of annual adjusted gross receipts in excess of
25    $200,000,000 but not exceeding $300,000,000;
26        30% of annual adjusted gross receipts in excess of

 

 

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1    $300,000,000 but not exceeding $350,000,000;
2        20% of annual adjusted gross receipts in excess of
3    $350,000,000.
4    The privilege tax for table games shall be at the following
5rates:
6        10% of annual adjusted gross receipts up to and
7    including $25,000,000;
8        17.5% of annual adjusted gross receipts in excess of
9    $25,000,000 but not exceeding $50,000,000;
10        22.5% of annual adjusted gross receipts in excess of
11    $50,000,000 but not exceeding $70,000,000;
12        16% of annual adjusted gross receipts in excess of
13    $70,000,000.
14    For the imposition of the privilege tax in this subsection
15(a-5), amounts paid pursuant to item (1) of subsection (b) of
16Section 56 of the Illinois Horse Racing Act of 1975 shall not
17be included in the determination of adjusted gross receipts.
18    (a-6) From the effective date of this amendatory Act of the
1997th General Assembly until June 30, 2015, an owners licensee
20that conducted gambling operations prior to January 1, 2011
21shall receive a dollar-for-dollar credit against the tax
22imposed under this Section for any renovation or construction
23costs paid by the owners licensee, but in no event shall the
24credit exceed $2,000,000.
25    Additionally, from the effective date of this amendatory
26Act of the 97th General Assembly until December 31, 2014, an

 

 

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1owners licensee that (i) is located within 15 miles of the
2Missouri border, and (ii) has at least 3 riverboats, casinos,
3or their equivalent within a 45-mile radius, may be authorized
4to relocate to a new location with the approval of both the
5unit of local government designated as the home dock and the
6Board, so long as the new location is within the same unit of
7local government and no more than 3 miles away from its
8original location. Such owners licensee shall receive a credit
9against the tax imposed under this Section equal to 8% of the
10total project costs, as approved by the Board, for any
11renovation or construction costs paid by the owners licensee
12for the construction of the new facility, provided that the new
13facility is operational by July 1, 2014. In determining whether
14or not to approve a relocation, the Board must consider the
15extent to which the relocation will diminish the gaming
16revenues received by other Illinois gaming facilities.
17    (a-7) From January 1, 2013 until December 31, 2022, if the
18total obligation imposed pursuant to subsections (a-4) and
19(a-5) will result in an owners licensee receiving less
20after-tax adjusted gross receipts than it received in calendar
21year 2012, then the total amount of privilege taxes that such
22owners licensee is required to pay for that calendar year shall
23be reduced to the extent necessary, not to exceed 5% of
24adjusted gross receipts in that calendar year, so that the
25after-tax adjusted gross receipts in that calendar year equals
26the after-tax adjusted gross receipts in calendar year 2012. If

 

 

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1pursuant to this subsection (a-7), the total obligation imposed
2pursuant to subsections (a-4) and (a-5) shall be reduced, then
3the owners licensee shall not receive a refund from the State
4at the end of the subject calendar year but instead shall be
5able to apply that amount as a credit against any payments it
6owes to the State in the following calendar year to satisfy its
7total obligation under subsection (a-5).
8    For purposes of this subsection (a-7), "after-tax adjusted
9gross receipts" means, for calendar year 2012, the adjusted
10gross receipts less privilege taxes paid to the State and for
11subsequent calendar years, the adjusted gross receipts less
12privilege taxes paid to the State, then divided by the owners
13licensee's average number of gaming positions operating in that
14calendar year and then multiplied by the owners licensee's
15average number of gaming positions operating in calendar year
162012. This subsection (a-7) does not apply to any owners
17licensees authorized pursuant to subsection (e-5) of Section 7
18of this Act.
19    (a-8) Riverboat gambling operations conducted by a
20licensed manager on behalf of the State are not subject to the
21tax imposed under this Section.
22    (a-9) Beginning on January 1, 2012, the calculation of
23gross receipts or adjusted gross receipts, for the purposes of
24this Section, for a riverboat, casino, or electronic gaming
25facility shall not include the dollar amount of non-cashable
26vouchers, coupons, and electronic promotions redeemed by

 

 

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1wagerers upon the riverboat, in the casino, or in the
2electronic gaming facility up to and including an amount not to
3exceed 30% of a riverboat casino or electronic gaming
4facility's adjusted gross receipts.
5    The Illinois Gaming Board shall submit to the General
6Assembly a comprehensive report no later than March 31, 2015
7detailing, at a minimum, the effect of removing non-cashable
8vouchers, coupons, and electronic promotions from this
9calculation on net gaming revenues to the State in calendar
10years 2012 through 2014, the increase or reduction in wagerers
11as a result of removing non-cashable vouchers, coupons, and
12electronic promotions from this calculation, the effect of the
13tax rates in subsection (a-5) on net gaming revenues to the
14State, and proposed modifications to the calculation.
15    (a-10) The taxes imposed by this Section shall be paid by
16the licensed owner or the electronic gaming licensee to the
17Board not later than 5:00 o'clock p.m. of the day after the day
18when the wagers were made.
19    (a-15) If the privilege tax imposed under subsection (a-3)
20is no longer imposed pursuant to item (i) of the last paragraph
21of subsection (a-3), then by June 15 of each year, each owners
22licensee, other than an owners licensee that admitted 1,000,000
23persons or fewer in calendar year 2004, must, in addition to
24the payment of all amounts otherwise due under this Section,
25pay to the Board a reconciliation payment in the amount, if
26any, by which the licensed owner's base amount exceeds the

 

 

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1amount of net privilege tax paid by the licensed owner to the
2Board in the then current State fiscal year. A licensed owner's
3net privilege tax obligation due for the balance of the State
4fiscal year shall be reduced up to the total of the amount paid
5by the licensed owner in its June 15 reconciliation payment.
6The obligation imposed by this subsection (a-15) is binding on
7any person, firm, corporation, or other entity that acquires an
8ownership interest in any such owners license. The obligation
9imposed under this subsection (a-15) terminates on the earliest
10of: (i) July 1, 2007, (ii) the first day after the effective
11date of this amendatory Act of the 94th General Assembly that
12riverboat gambling operations are conducted pursuant to a
13dormant license, (iii) the first day that riverboat gambling
14operations are conducted under the authority of an owners
15license that is in addition to the 10 owners licenses initially
16authorized under this Act, or (iv) the first day that a
17licensee under the Illinois Horse Racing Act of 1975 conducts
18gaming operations with slot machines or other electronic gaming
19devices. The Board must reduce the obligation imposed under
20this subsection (a-15) by an amount the Board deems reasonable
21for any of the following reasons: (A) an act or acts of God,
22(B) an act of bioterrorism or terrorism or a bioterrorism or
23terrorism threat that was investigated by a law enforcement
24agency, or (C) a condition beyond the control of the owners
25licensee that does not result from any act or omission by the
26owners licensee or any of its agents and that poses a hazardous

 

 

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1threat to the health and safety of patrons. If an owners
2licensee pays an amount in excess of its liability under this
3Section, the Board shall apply the overpayment to future
4payments required under this Section.
5    For purposes of this subsection (a-15):
6    "Act of God" means an incident caused by the operation of
7an extraordinary force that cannot be foreseen, that cannot be
8avoided by the exercise of due care, and for which no person
9can be held liable.
10    "Base amount" means the following:
11        For a riverboat in Alton, $31,000,000.
12        For a riverboat in East Peoria, $43,000,000.
13        For the Empress riverboat in Joliet, $86,000,000.
14        For a riverboat in Metropolis, $45,000,000.
15        For the Harrah's riverboat in Joliet, $114,000,000.
16        For a riverboat in Aurora, $86,000,000.
17        For a riverboat in East St. Louis, $48,500,000.
18        For a riverboat in Elgin, $198,000,000.
19    "Dormant license" has the meaning ascribed to it in
20subsection (a-3).
21    "Net privilege tax" means all privilege taxes paid by a
22licensed owner to the Board under this Section, less all
23payments made from the State Gaming Fund pursuant to subsection
24(b) of this Section.
25    The changes made to this subsection (a-15) by Public Act
2694-839 are intended to restate and clarify the intent of Public

 

 

SB3925- 90 -LRB097 21816 AMC 70438 b

1Act 94-673 with respect to the amount of the payments required
2to be made under this subsection by an owners licensee to the
3Board.
4    (b) Until January 1, 1998, 25% of the tax revenue deposited
5in the State Gaming Fund under this Section shall be paid,
6subject to appropriation by the General Assembly, to the unit
7of local government which is designated as the home dock of the
8riverboat. Beginning January 1, 1998, from the tax revenue from
9riverboat or casino gambling deposited in the State Gaming Fund
10under this Section, an amount equal to 5% of adjusted gross
11receipts generated by a riverboat or a casino shall be paid
12monthly, subject to appropriation by the General Assembly, to
13the unit of local government that is designated as the home
14dock of the riverboat, so long as the unit of local government
15is not located in Lake County. From the tax revenue from
16riverboat or casino gambling that is conducted in Lake County
17and deposited in the State Gaming Fund under this Section, an
18amount equal to 5% of the adjusted gross receipts generated by
19a riverboat or a casino shall be paid monthly, subject to
20appropriation by the General Assembly, as follows: 25% to the
21City of Park City, 50% to the City of Waukegan, and 25% to the
22City of North Chicago. From the tax revenue deposited in the
23State Gaming Fund pursuant to riverboat or casino gambling
24operations conducted by a licensed manager on behalf of the
25State, an amount equal to 5% of adjusted gross receipts
26generated pursuant to those riverboat or casino gambling

 

 

SB3925- 91 -LRB097 21816 AMC 70438 b

1operations shall be paid monthly, subject to appropriation by
2the General Assembly, to the unit of local government that is
3designated as the home dock of the riverboat upon which those
4riverboat gambling operations are conducted or in which the
5casino is located. Units of local government may refund any
6portion of the payment that they receive pursuant to this
7subsection (b) to the riverboat or casino.
8    (b-1) Beginning on the effective date of this amendatory
9Act of the 97th General Assembly, from the tax revenue
10deposited in the State Gaming Fund under this Section,
11$75,000,000 shall be deposited annually into the Fund for the
12Advancement of Education for the purpose of providing resources
13to the Monetary Award Program. Notwithstanding any other
14provision of this Act to the contrary, the deposits under this
15subparagraph (b-1) shall be made before any other deposits
16referenced in subparagraphs (b) and (c) of this Section 13.
17    (b-2) Beginning on the effective date of this amendatory
18Act of the 97th General Assembly, from the tax revenue
19deposited in the State Gaming Fund under this Section, $750,000
20shall be paid annually, subject to appropriation, to Lake
21County.
22    (b-4) Beginning on August 1, 2011 and ending on July 31,
232042, from the tax revenue deposited in the State Gaming Fund
24under this Section, $4,000,000 shall be paid annually, subject
25to appropriation, to the host municipality of an owners
26licensee of a license issued or re-issued pursuant to Section

 

 

SB3925- 92 -LRB097 21816 AMC 70438 b

17.1 of this Act before January 1, 2012. Payments received by
2the host municipality pursuant to this subsection (b-4) may not
3be shared with any other unit of local government.
4    (b-5) Beginning on the effective date of this amendatory
5Act of the 97th General Assembly, from the tax revenue
6deposited in the State Gaming Fund under this Section, an
7amount equal to 3% of adjusted gross receipts generated by each
8electronic gaming facility located outside Madison County
9shall be paid monthly, subject to appropriation by the General
10Assembly, to a municipality other than the Village of Stickney
11in which each electronic gaming facility is located or, if the
12electronic gaming facility is not located within a
13municipality, to the county in which the electronic gaming
14facility is located, except as otherwise provided in this
15Section. From the tax revenue deposited in the State Gaming
16Fund under this Section, an amount equal to 3% of adjusted
17gross receipts generated by each electronic gaming facility
18that is located in an unincorporated area of Cook County and
19has been awarded standardbred racing dates during 2011 by the
20Illinois Racing Board shall be divided equally and distributed,
21subject to appropriation, to the Village of Melrose Park, the
22Village of Maywood, and Cook County. From the tax revenue
23deposited in the State Gaming Fund under this Section, an
24amount equal to 3% of adjusted gross receipts generated by an
25electronic gaming facility located in the Village of Stickney
26shall be paid monthly, subject to appropriation by the General

 

 

SB3925- 93 -LRB097 21816 AMC 70438 b

1Assembly, as follows: 25% to the Village of Stickney, 5% to the
2City of Berwyn, 50% to the Town of Cicero, and 20% to the
3Stickney Public Health District.
4    From the tax revenue deposited in the State Gaming Fund
5under this Section, an amount equal to 3% of adjusted gross
6receipts generated by an electronic gaming facility located in
7the City of Collinsville shall be paid monthly, subject to
8appropriation by the General Assembly, as follows: 45% to the
9City of Alton, 45% to the City of East St. Louis, and 10% to the
10City of Collinsville.
11    Beginning on the effective date of this amendatory Act of
12the 97th General Assembly, from the tax revenue deposited in
13the State Gaming Fund under this Section, an amount equal to
14(i) 1% of adjusted gross receipts generated by an electronic
15gaming facility located in Madison County shall be paid
16monthly, subject to appropriation by the General Assembly, to
17Madison County for the purposes of infrastructure
18improvements, and (ii) 1% of adjusted gross receipts generated
19by an electronic gaming facility located in Madison County
20shall be paid monthly, subject to appropriation by the General
21Assembly, to St. Clair County for the purposes of
22infrastructure improvements.
23    Municipalities and counties may refund any portion of the
24payment that they receive pursuant to this subsection (b-5) to
25the electronic gaming facility.
26    (b-6) Beginning on the effective date of this amendatory

 

 

SB3925- 94 -LRB097 21816 AMC 70438 b

1Act of the 97th General Assembly, from the tax revenue
2deposited in the State Gaming Fund under this Section, an
3amount equal to 2% of adjusted gross receipts generated by an
4electronic gaming facility located outside Madison County
5shall be paid monthly, subject to appropriation by the General
6Assembly, to the county in which the electronic gaming facility
7is located for the purposes of its criminal justice system or
8health care system.
9    Counties may refund any portion of the payment that they
10receive pursuant to this subsection (b-6) to the electronic
11gaming facility.
12    (b-7) The State and County Fair Assistance Fund is created
13as a special fund in the State treasury. The Fund shall be
14administered by the Department of Agriculture. Beginning on the
15effective date of this amendatory Act of the 97th General
16Assembly, from the tax revenue deposited in the State Gaming
17Fund under this Section, an amount equal to 2% of adjusted
18gross receipts, not to exceed $6,000,000, shall be paid into
19the State and County Fair Assistance Fund annually. No moneys
20shall be expended from the State and County Fair Assistance
21Fund except as appropriated by the General Assembly. Deposits
22made pursuant to this subsection (b-7) shall supplement, and
23not supplant, other State funding for these purposes.
24    The Department of Agriculture shall award grants from
25moneys appropriated from the State and County Fair Assistance
26Fund for the development, expansion, or support of county fairs

 

 

SB3925- 95 -LRB097 21816 AMC 70438 b

1that showcase Illinois agriculture products or byproducts. No
2grant may exceed $100,000, except for an annual grant of
3$1,000,000 that shall be made to the Illinois Standardbred
4Breeders Fund and used for Illinois-bred harness racing purses
5and the Illinois State Fair race track. Not more than one grant
6under this Section may be made to any one county fair board.
7Additionally, grants under this subsection (b-7) shall be
8available to the Illinois State Fair and the DuQuoin State
9Fair.
10    (b-8) Beginning on the effective date of this amendatory
11Act of the 97th General Assembly, from the tax revenue
12deposited in the State Gaming Fund under this Section, $250,000
13shall be deposited annually into the Illinois Racing Quarter
14Horse Breeders Fund.
15    (b-10) Beginning on the effective date of this amendatory
16Act of the 97th General Assembly, from the tax revenue
17deposited in the State Gaming Fund under this Section, an
18amount equal to 10% of the wagering taxes paid by the
19riverboats and casino created pursuant to subsection (e-5) of
20Section 7 shall be paid into the Depressed Communities Economic
21Development Fund annually.
22    (b-11) Beginning on the effective date of this amendatory
23Act of the 97th General Assembly, from the tax revenue
24deposited in the State Gaming Fund under this Section, $150,000
25shall be paid annually to a county forest preserve district for
26the maintenance of a botanic garden that was created by Section

 

 

SB3925- 96 -LRB097 21816 AMC 70438 b

143 of the Cook County Forest Preserve District Act.
2    (b-12) Beginning on the effective date of this amendatory
3Act of the 97th General Assembly, from the tax revenue
4deposited in the State Gaming Fund from electronic gaming under
5this Section, (i) $12,500,000 shall be deposited annually into
6the Partners for Conservation Fund for grants to soil and water
7conservation districts, (ii) $1,500,000 shall be deposited
8annually into the Illinois Forestry Fund for costs associated
9with the CREP Forestry Assistance Program, (iii) $3,000,000
10shall be deposited annually into the Illinois Historic Sites
11Fund for costs associated with the State's historic sites, (iv)
12$3,000,000 shall be deposited annually into the Parks and
13Conservation Fund for costs associated with the State's state
14parks, (v) $5,000,000 shall be deposited annually into the
15State Cooperative Service Trust Fund for grants to the State's
16cooperative extensions, and (vi) $6,000,000 shall be deposited
17annually into the Future of Agriculture Fund. Deposits made
18pursuant to this subsection (b-12) shall supplement, and not
19supplant, other State funding for these purposes.
20    (b-15) Beginning on the effective date of this amendatory
21Act of the 97th General Assembly and ending July 1, 2014, from
22the tax revenue deposited in the State Gaming Fund under this
23Section, $2,000,000 shall be deposited annually into the
24Foreclosure Prevention Program Fund.
25    (b-20) From January 1, 2013 until December 31, 2015, if the
26total amount paid to the Education Assistance Fund annually

 

 

SB3925- 97 -LRB097 21816 AMC 70438 b

1pursuant to this Act will result in the Education Assistance
2Fund receiving less revenue from the State Gaming Fund than it
3received in calendar year 2011, an amount equal to that
4shortfall shall be transferred from the Capital Projects Fund
5to the Education Assistance Fund, except that no such transfer
6shall exceed the amount deposited into the Capital Projects
7Fund pursuant to subsection (c-4) of this Section.
8    (c) Appropriations, as approved by the General Assembly,
9may be made from the State Gaming Fund to the Board (i) for the
10administration and enforcement of this Act and the Video Gaming
11Act, (ii) for distribution to the Department of State Police
12and to the Department of Revenue for the enforcement of this
13Act, and (iii) to the Department of Human Services for the
14administration of programs to treat problem gambling. From the
15tax revenue deposited in the State Gaming Fund under this
16Section, $10,000,000 shall be paid annually to the Department
17of Human Services for the administration of programs to treat
18problem gambling. The Board's annual appropriations request
19must separately state its funding needs for the regulation of
20electronic gaming, riverboat gaming, casino gaming within the
21City of Chicago, and video gaming. From the tax revenue
22deposited in the Gaming Facilities Fee Revenue Fund, the first
23$50,000,000 shall be paid to the Board, subject to
24appropriation, for the administration and enforcement of the
25provisions of this amendatory Act of the 97th General Assembly.
26    (c-3) Appropriations, as approved by the General Assembly,

 

 

SB3925- 98 -LRB097 21816 AMC 70438 b

1may be made from the tax revenue deposited into the State
2Gaming Fund from electronic gaming pursuant to this Section for
3the administration and enforcement of this Act.
4    (c-4) After payments required under subsection (b-5),
5(b-6), (b-7), (b-8), (b-10), (b-11), (b-12), (c), and (c-3)
6have been made from the tax revenue from electronic gaming
7deposited into the State Gaming Fund under this Section, all
8remaining amounts from electronic gaming shall be deposited
9into the Capital Projects Fund.
10    (c-5) (Blank).
11    (c-10) (Blank).
12    (c-15) After the payments required under subsections (b),
13(b-5), (b-6), (b-7), (b-8), (b-10), (b-11), (b-12), and (c)
14have been made, an amount equal to 2% of the adjusted gross
15receipts of (1) an owners licensee that relocates pursuant to
16Section 11.2, (2) an owners licensee conducting riverboat
17gambling operations pursuant to an owners license that is
18initially issued after June 25, 1999 and before December 31,
192011, or (3) the first riverboat gambling operations conducted
20by a licensed manager on behalf of the State under Section 7.3,
21whichever comes first, shall be paid, subject to appropriation
22from the General Assembly, from the State Gaming Fund to each
23home rule county with a population of over 3,000,000
24inhabitants for the purpose of enhancing the county's criminal
25justice system.
26    (c-20) Each year the General Assembly shall appropriate

 

 

SB3925- 99 -LRB097 21816 AMC 70438 b

1from the General Revenue Fund to the Education Assistance Fund
2an amount equal to the amount paid to each home rule county
3with a population of over 3,000,000 inhabitants pursuant to
4subsection (c-15) in the prior calendar year.
5    (c-25) After the payments required under subsections (b),
6(b-5), (b-6), (b-7), (b-8), (b-10), (b-11), (b-12), (c), and
7(c-15) have been made, an amount equal to 2% of the adjusted
8gross receipts of (1) an owners licensee that relocates
9pursuant to Section 11.2, (2) an owners licensee conducting
10riverboat gambling operations pursuant to an owners license
11that is initially issued after June 25, 1999 and before
12December 31, 2011, or (3) the first riverboat gambling
13operations conducted by a licensed manager on behalf of the
14State under Section 7.3, whichever comes first, shall be paid
15from the State Gaming Fund to Chicago State University.
16    (d) From time to time, the Board shall transfer the
17remainder of the funds generated by this Act into the Education
18Assistance Fund, created by Public Act 86-0018, of the State of
19Illinois.
20    (e) Nothing in this Act shall prohibit the unit of local
21government designated as the home dock of the riverboat from
22entering into agreements with other units of local government
23in this State or in other states to share its portion of the
24tax revenue.
25    (f) To the extent practicable, the Board shall administer
26and collect the wagering taxes imposed by this Section in a

 

 

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1manner consistent with the provisions of Sections 4, 5, 5a, 5b,
25c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
3Retailers' Occupation Tax Act and Section 3-7 of the Uniform
4Penalty and Interest Act.
5(Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08;
696-37, eff. 7-13-09; 96-1392, eff. 1-1-11; 09700SB1849ham002
7and ham003.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law or on the effective date of Senate Bill 1849 of
10the 97th General Assembly, whichever is later.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    09700SB1849ham002, Sec.
4    1-20
5    09700SB1849ham002, Sec.
6    1-31
7    09700SB1849ham002, Sec.
8    1-45
9    09700SB1849ham002, Sec.
10    1-70
11    09700SB1849ham002, Sec.
12    1-112
13    10 ILCS 5/Art. 9 heading
14    10 ILCS 5/9-8.7 new
15    10 ILCS 5/9-8.8 new
16    30 ILCS 105/6z-85
17    65 ILCS 5/11-1-12 new
18    230 ILCS 5/56
19    230 ILCS 10/5from Ch. 120, par. 2405
20    230 ILCS 10/6from Ch. 120, par. 2406
21    230 ILCS 10/7from Ch. 120, par. 2407
22    230 ILCS 10/7.6
23    230 ILCS 10/12from Ch. 120, par. 2412
24    230 ILCS 10/13from Ch. 120, par. 2413