HB3933 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3933

 

Introduced 10/28/2019, by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/19.5
230 ILCS 10/7  from Ch. 120, par. 2407
230 ILCS 10/13  from Ch. 120, par. 2413
735 ILCS 30/25-5-80 new

    Amends the Illinois Horse Racing Act of 1975. Includes the Village of Crete among the municipalities in Cook County or Will County in which a standardbred racetrack may be located. Removes provisions restricting the racetrack from being located within 35 miles of another organization license. Amends the Illinois Gambling Act. Includes the Village of Crete among the municipalities in Cook County or Will County in which a casino may be located. Amends the Eminent Domain Act. Provides that quick-take proceedings may be used for a period of no more than 24 months after the effective date by the Village of Crete for the nullification of any restriction of record on private real property by means of a recorded deed or other recorded instruments that in any way prohibits, restrains, or has any impact whatsoever on private real property for the purpose of applying for an organization license under the Illinois Horse Racing Act of 1975 or an owners license under the Illinois Gambling Act. Makes conforming changes. Effective immediately.


LRB101 13808 SMS 62666 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3933LRB101 13808 SMS 62666 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. The Illinois Horse Racing Act of 1975 is amended
5by changing Section 19.5 as follows:
 
6    (230 ILCS 5/19.5)
7    Sec. 19.5. Standardbred racetrack in Cook County or Will
8County. Notwithstanding anything in this Act to the contrary,
9in addition to organization licenses issued by the Board on the
10effective date of this amendatory Act of the 101st General
11Assembly, the Board shall issue an organization license limited
12to standardbred racing to a racetrack located in one of the
13following townships or villages of Cook County or Will County:
14Bloom, Bremen, Calumet, Crete, Orland, Rich, Thornton, or
15Worth. This additional organization license shall not be issued
16within a 35-mile radius of another organization license issued
17by the Board on the effective date of this amendatory Act of
18the 101st General Assembly, unless the person having operating
19control of such racetrack has given written consent to the
20organization licensee applicant, which consent must be filed
21with the Board at or prior to the time application is made. The
22organization license shall be granted upon application, and the
23licensee shall have all of the current and future rights of

 

 

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1existing Illinois racetracks, including, but not limited to,
2the ability to obtain an inter-track wagering license, the
3ability to obtain inter-track wagering location licenses, the
4ability to obtain an organization gaming license pursuant to
5the Illinois Gambling Act with 1,200 gaming positions, and the
6ability to offer Internet wagering on horse racing.
7(Source: P.A. 101-31, eff. 6-28-19.)
 
8    Section 10. The Illinois Gambling Act is amended by
9changing Sections 7 and 13 as follows:
 
10    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
11    Sec. 7. Owners licenses.
12    (a) The Board shall issue owners licenses to persons or
13entities that apply for such licenses upon payment to the Board
14of the non-refundable license fee as provided in subsection (e)
15or (e-5) and upon a determination by the Board that the
16applicant is eligible for an owners license pursuant to this
17Act and the rules of the Board. From the effective date of this
18amendatory Act of the 95th General Assembly until (i) 3 years
19after the effective date of this amendatory Act of the 95th
20General Assembly, (ii) the date any organization licensee
21begins to operate a slot machine or video game of chance under
22the Illinois Horse Racing Act of 1975 or this Act, (iii) the
23date that payments begin under subsection (c-5) of Section 13
24of this the Act, (iv) the wagering tax imposed under Section 13

 

 

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1of this Act is increased by law to reflect a tax rate that is at
2least as stringent or more stringent than the tax rate
3contained in subsection (a-3) of Section 13, or (v) when an
4owners licensee holding a license issued pursuant to Section
57.1 of this Act begins conducting gaming, whichever occurs
6first, as a condition of licensure and as an alternative source
7of payment for those funds payable under subsection (c-5) of
8Section 13 of this Act, any owners licensee that holds or
9receives its owners license on or after the effective date of
10this amendatory Act of the 94th General Assembly, other than an
11owners licensee operating a riverboat with adjusted gross
12receipts in calendar year 2004 of less than $200,000,000, must
13pay into the Horse Racing Equity Trust Fund, in addition to any
14other payments required under this Act, an amount equal to 3%
15of the adjusted gross receipts received by the owners licensee.
16The payments required under this Section shall be made by the
17owners licensee to the State Treasurer no later than 3:00
18o'clock p.m. of the day after the day when the adjusted gross
19receipts were received by the owners licensee. A person or
20entity is ineligible to receive an owners license if:
21        (1) the person has been convicted of a felony under the
22    laws of this State, any other state, or the United States;
23        (2) the person has been convicted of any violation of
24    Article 28 of the Criminal Code of 1961 or the Criminal
25    Code of 2012, or substantially similar laws of any other
26    jurisdiction;

 

 

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1        (3) the person has submitted an application for a
2    license under this Act which contains false information;
3        (4) the person is a member of the Board;
4        (5) a person defined in (1), (2), (3), or (4) is an
5    officer, director, or managerial employee of the entity;
6        (6) the entity employs a person defined in (1), (2),
7    (3), or (4) who participates in the management or operation
8    of gambling operations authorized under this Act;
9        (7) (blank); or
10        (8) a license of the person or entity issued under this
11    Act, or a license to own or operate gambling facilities in
12    any other jurisdiction, has been revoked.
13    The Board is expressly prohibited from making changes to
14the requirement that licensees make payment into the Horse
15Racing Equity Trust Fund without the express authority of the
16Illinois General Assembly and making any other rule to
17implement or interpret this amendatory Act of the 95th General
18Assembly. For the purposes of this paragraph, "rules" is given
19the meaning given to that term in Section 1-70 of the Illinois
20Administrative Procedure Act.
21    (b) In determining whether to grant an owners license to an
22applicant, the Board shall consider:
23        (1) the character, reputation, experience, and
24    financial integrity of the applicants and of any other or
25    separate person that either:
26            (A) controls, directly or indirectly, such

 

 

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1        applicant, or
2            (B) is controlled, directly or indirectly, by such
3        applicant or by a person which controls, directly or
4        indirectly, such applicant;
5        (2) the facilities or proposed facilities for the
6    conduct of gambling;
7        (3) the highest prospective total revenue to be derived
8    by the State from the conduct of gambling;
9        (4) the extent to which the ownership of the applicant
10    reflects the diversity of the State by including minority
11    persons, women, and persons with a disability and the good
12    faith affirmative action plan of each applicant to recruit,
13    train and upgrade minority persons, women, and persons with
14    a disability in all employment classifications; the Board
15    shall further consider granting an owners license and
16    giving preference to an applicant under this Section to
17    applicants in which minority persons and women hold
18    ownership interest of at least 16% and 4%, respectively.
19        (4.5) the extent to which the ownership of the
20    applicant includes veterans of service in the armed forces
21    of the United States, and the good faith affirmative action
22    plan of each applicant to recruit, train, and upgrade
23    veterans of service in the armed forces of the United
24    States in all employment classifications;
25        (5) the financial ability of the applicant to purchase
26    and maintain adequate liability and casualty insurance;

 

 

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1        (6) whether the applicant has adequate capitalization
2    to provide and maintain, for the duration of a license, a
3    riverboat or casino;
4        (7) the extent to which the applicant exceeds or meets
5    other standards for the issuance of an owners license which
6    the Board may adopt by rule;
7        (8) the amount of the applicant's license bid;
8        (9) the extent to which the applicant or the proposed
9    host municipality plans to enter into revenue sharing
10    agreements with communities other than the host
11    municipality; and
12        (10) the extent to which the ownership of an applicant
13    includes the most qualified number of minority persons,
14    women, and persons with a disability.
15    (c) Each owners license shall specify the place where the
16casino shall operate or the riverboat shall operate and dock.
17    (d) Each applicant shall submit with his or her
18application, on forms provided by the Board, 2 sets of his or
19her fingerprints.
20    (e) In addition to any licenses authorized under subsection
21(e-5) of this Section, the Board may issue up to 10 licenses
22authorizing the holders of such licenses to own riverboats. In
23the application for an owners license, the applicant shall
24state the dock at which the riverboat is based and the water on
25which the riverboat will be located. The Board shall issue 5
26licenses to become effective not earlier than January 1, 1991.

 

 

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1Three of such licenses shall authorize riverboat gambling on
2the Mississippi River, or, with approval by the municipality in
3which the riverboat was docked on August 7, 2003 and with Board
4approval, be authorized to relocate to a new location, in a
5municipality that (1) borders on the Mississippi River or is
6within 5 miles of the city limits of a municipality that
7borders on the Mississippi River and (2), on August 7, 2003,
8had a riverboat conducting riverboat gambling operations
9pursuant to a license issued under this Act; one of which shall
10authorize riverboat gambling from a home dock in the city of
11East St. Louis; and one of which shall authorize riverboat
12gambling from a home dock in the City of Alton. One other
13license shall authorize riverboat gambling on the Illinois
14River in the City of East Peoria or, with Board approval, shall
15authorize land-based gambling operations anywhere within the
16corporate limits of the City of Peoria. The Board shall issue
17one additional license to become effective not earlier than
18March 1, 1992, which shall authorize riverboat gambling on the
19Des Plaines River in Will County. The Board may issue 4
20additional licenses to become effective not earlier than March
211, 1992. In determining the water upon which riverboats will
22operate, the Board shall consider the economic benefit which
23riverboat gambling confers on the State, and shall seek to
24assure that all regions of the State share in the economic
25benefits of riverboat gambling.
26    In granting all licenses, the Board may give favorable

 

 

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1consideration to economically depressed areas of the State, to
2applicants presenting plans which provide for significant
3economic development over a large geographic area, and to
4applicants who currently operate non-gambling riverboats in
5Illinois. The Board shall review all applications for owners
6licenses, and shall inform each applicant of the Board's
7decision. The Board may grant an owners license to an applicant
8that has not submitted the highest license bid, but if it does
9not select the highest bidder, the Board shall issue a written
10decision explaining why another applicant was selected and
11identifying the factors set forth in this Section that favored
12the winning bidder. The fee for issuance or renewal of a
13license pursuant to this subsection (e) shall be $250,000.
14    (e-5) In addition to licenses authorized under subsection
15(e) of this Section:
16        (1) the Board may issue one owners license authorizing
17    the conduct of casino gambling in the City of Chicago;
18        (2) the Board may issue one owners license authorizing
19    the conduct of riverboat gambling in the City of Danville;
20        (3) the Board may issue one owners license authorizing
21    the conduct of riverboat gambling located in the City of
22    Waukegan;
23        (4) the Board may issue one owners license authorizing
24    the conduct of riverboat gambling in the City of Rockford;
25        (5) the Board may issue one owners license authorizing
26    the conduct of riverboat gambling in a municipality that is

 

 

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1    wholly or partially located in one of the following
2    townships or villages of Cook County or Will County: Bloom,
3    Bremen, Calumet, Crete, Rich, Thornton, or Worth Township;
4    and
5        (6) the Board may issue one owners license authorizing
6    the conduct of riverboat gambling in the unincorporated
7    area of Williamson County adjacent to the Big Muddy River.
8    Except for the license authorized under paragraph (1), each
9application for a license pursuant to this subsection (e-5)
10shall be submitted to the Board no later than 120 days after
11June 28, 2019 (the effective date of Public Act 101-31) this
12amendatory Act of the 101st General Assembly. All applications
13for a license under this subsection (e-5) shall include the
14nonrefundable application fee and the nonrefundable background
15investigation fee as provided in subsection (d) of Section 6 of
16this Act. In the event that an applicant submits an application
17for a license pursuant to this subsection (e-5) prior to June
1828, 2019 (the effective date of Public Act 101-31) this
19amendatory Act of the 101st General Assembly, such applicant
20shall submit the nonrefundable application fee and background
21investigation fee as provided in subsection (d) of Section 6 of
22this Act no later than 6 months after June 28, 2019 (the
23effective date of Public Act 101-31) this amendatory Act of the
24101st General Assembly.
25    The Board shall consider issuing a license pursuant to
26paragraphs (1) through (6) of this subsection only after the

 

 

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1corporate authority of the municipality or the county board of
2the county in which the riverboat or casino shall be located
3has certified to the Board the following:
4        (i) that the applicant has negotiated with the
5    corporate authority or county board in good faith;
6        (ii) that the applicant and the corporate authority or
7    county board have mutually agreed on the permanent location
8    of the riverboat or casino;
9        (iii) that the applicant and the corporate authority or
10    county board have mutually agreed on the temporary location
11    of the riverboat or casino;
12        (iv) that the applicant and the corporate authority or
13    the county board have mutually agreed on the percentage of
14    revenues that will be shared with the municipality or
15    county, if any;
16        (v) that the applicant and the corporate authority or
17    county board have mutually agreed on any zoning, licensing,
18    public health, or other issues that are within the
19    jurisdiction of the municipality or county; and
20        (vi) that the corporate authority or county board has
21    passed a resolution or ordinance in support of the
22    riverboat or casino in the municipality or county.
23    At least 7 days before the corporate authority of a
24municipality or county board of the county submits a
25certification to the Board concerning items (i) through (vi) of
26this subsection, it shall hold a public hearing to discuss

 

 

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1items (i) through (vi), as well as any other details concerning
2the proposed riverboat or casino in the municipality or county.
3The corporate authority or county board must subsequently
4memorialize the details concerning the proposed riverboat or
5casino in a resolution that must be adopted by a majority of
6the corporate authority or county board before any
7certification is sent to the Board. The Board shall not alter,
8amend, change, or otherwise interfere with any agreement
9between the applicant and the corporate authority of the
10municipality or county board of the county regarding the
11location of any temporary or permanent facility.
12    In addition, within 10 days after June 28, 2019 (the
13effective date of Public Act 101-31) this amendatory Act of the
14101st General Assembly, the Board, with consent and at the
15expense of the City of Chicago, shall select and retain the
16services of a nationally recognized casino gaming feasibility
17consultant. Within 45 days after June 28, 2019 (the effective
18date of Public Act 101-31) this amendatory Act of the 101st
19General Assembly, the consultant shall prepare and deliver to
20the Board a study concerning the feasibility of, and the
21ability to finance, a casino in the City of Chicago. The
22feasibility study shall be delivered to the Mayor of the City
23of Chicago, the Governor, the President of the Senate, and the
24Speaker of the House of Representatives. Ninety days after
25receipt of the feasibility study, the Board shall make a
26determination, based on the results of the feasibility study,

 

 

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1whether to recommend to the General Assembly that the terms of
2the license under paragraph (1) of this subsection (e-5) should
3be modified. The Board may begin accepting applications for the
4owners license under paragraph (1) of this subsection (e-5)
5upon the determination to issue such an owners license.
6    In addition, prior to the Board issuing the owners license
7authorized under paragraph (4) of subsection (e-5), an impact
8study shall be completed to determine what location in the city
9will provide the greater impact to the region, including the
10creation of jobs and the generation of tax revenue.
11    (e-10) The licenses authorized under subsection (e-5) of
12this Section shall be issued within 12 months after the date
13the license application is submitted. If the Board does not
14issue the licenses within that time period, then the Board
15shall give a written explanation to the applicant as to why it
16has not reached a determination and when it reasonably expects
17to make a determination. The fee for the issuance or renewal of
18a license issued pursuant to this subsection (e-10) shall be
19$250,000. Additionally, a licensee located outside of Cook
20County shall pay a minimum initial fee of $17,500 per gaming
21position, and a licensee located in Cook County shall pay a
22minimum initial fee of $30,000 per gaming position. The initial
23fees payable under this subsection (e-10) shall be deposited
24into the Rebuild Illinois Projects Fund.
25    (e-15) Each licensee of a license authorized under
26subsection (e-5) of this Section shall make a reconciliation

 

 

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1payment 3 years after the date the licensee begins operating in
2an amount equal to 75% of the adjusted gross receipts for the
3most lucrative 12-month period of operations, minus an amount
4equal to the initial payment per gaming position paid by the
5specific licensee. Each licensee shall pay a $15,000,000
6reconciliation fee upon issuance of an owners license. If this
7calculation results in a negative amount, then the licensee is
8not entitled to any reimbursement of fees previously paid. This
9reconciliation payment may be made in installments over a
10period of no more than 2 years, subject to Board approval. Any
11installment payments shall include an annual market interest
12rate as determined by the Board. All payments by licensees
13under this subsection (e-15) shall be deposited into the
14Rebuild Illinois Projects Fund.
15    (e-20) In addition to any other revocation powers granted
16to the Board under this Act, the Board may revoke the owners
17license of a licensee which fails to begin conducting gambling
18within 15 months of receipt of the Board's approval of the
19application if the Board determines that license revocation is
20in the best interests of the State.
21    (f) The first 10 owners licenses issued under this Act
22shall permit the holder to own up to 2 riverboats and equipment
23thereon for a period of 3 years after the effective date of the
24license. Holders of the first 10 owners licenses must pay the
25annual license fee for each of the 3 years during which they
26are authorized to own riverboats.

 

 

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1    (g) Upon the termination, expiration, or revocation of each
2of the first 10 licenses, which shall be issued for a 3-year 3
3year period, all licenses are renewable annually upon payment
4of the fee and a determination by the Board that the licensee
5continues to meet all of the requirements of this Act and the
6Board's rules. However, for licenses renewed on or after May 1,
71998, renewal shall be for a period of 4 years, unless the
8Board sets a shorter period.
9    (h) An owners license, except for an owners license issued
10under subsection (e-5) of this Section, shall entitle the
11licensee to own up to 2 riverboats.
12    An owners licensee of a casino or riverboat that is located
13in the City of Chicago pursuant to paragraph (1) of subsection
14(e-5) of this Section shall limit the number of gaming
15positions to 4,000 for such owner. An owners licensee
16authorized under subsection (e) or paragraph (2), (3), (4), or
17(5) of subsection (e-5) of this Section shall limit the number
18of gaming positions to 2,000 for any such owners license. An
19owners licensee authorized under paragraph (6) of subsection
20(e-5) of this Section shall limit the number of gaming
21positions to 1,200 for such owner. The initial fee for each
22gaming position obtained on or after June 28, 2019 (the
23effective date of Public Act 101-31) this amendatory Act of the
24101st General Assembly shall be a minimum of $17,500 for
25licensees not located in Cook County and a minimum of $30,000
26for licensees located in Cook County, in addition to the

 

 

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1reconciliation payment, as set forth in subsection (e-15) of
2this Section. The fees under this subsection (h) shall be
3deposited into the Rebuild Illinois Projects Fund. The fees
4under this subsection (h) that are paid by an owners licensee
5authorized under subsection (e) shall be paid by July 1, 2020.
6    Each owners licensee under subsection (e) of this Section
7shall reserve its gaming positions within 30 days after June
828, 2019 (the effective date of Public Act 101-31) this
9amendatory Act of the 101st General Assembly. The Board may
10grant an extension to this 30-day period, provided that the
11owners licensee submits a written request and explanation as to
12why it is unable to reserve its positions within the 30-day
13period.
14    Each owners licensee under subsection (e-5) of this Section
15shall reserve its gaming positions within 30 days after
16issuance of its owners license. The Board may grant an
17extension to this 30-day period, provided that the owners
18licensee submits a written request and explanation as to why it
19is unable to reserve its positions within the 30-day period.
20    A licensee may operate both of its riverboats concurrently,
21provided that the total number of gaming positions on both
22riverboats does not exceed the limit established pursuant to
23this subsection. Riverboats licensed to operate on the
24Mississippi River and the Illinois River south of Marshall
25County shall have an authorized capacity of at least 500
26persons. Any other riverboat licensed under this Act shall have

 

 

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1an authorized capacity of at least 400 persons.
2    (h-5) An owners licensee who conducted gambling operations
3prior to January 1, 2012 and obtains positions pursuant to
4Public Act 101-31 this amendatory Act of the 101st General
5Assembly shall make a reconciliation payment 3 years after any
6additional gaming positions begin operating in an amount equal
7to 75% of the owners licensee's average gross receipts for the
8most lucrative 12-month period of operations minus an amount
9equal to the initial fee that the owners licensee paid per
10additional gaming position. For purposes of this subsection
11(h-5), "average gross receipts" means (i) the increase in
12adjusted gross receipts for the most lucrative 12-month period
13of operations over the adjusted gross receipts for 2019,
14multiplied by (ii) the percentage derived by dividing the
15number of additional gaming positions that an owners licensee
16had obtained by the total number of gaming positions operated
17by the owners licensee. If this calculation results in a
18negative amount, then the owners licensee is not entitled to
19any reimbursement of fees previously paid. This reconciliation
20payment may be made in installments over a period of no more
21than 2 years, subject to Board approval. Any installment
22payments shall include an annual market interest rate as
23determined by the Board. These reconciliation payments shall be
24deposited into the Rebuild Illinois Projects Fund.
25    (i) A licensed owner is authorized to apply to the Board
26for and, if approved therefor, to receive all licenses from the

 

 

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1Board necessary for the operation of a riverboat or casino,
2including a liquor license, a license to prepare and serve food
3for human consumption, and other necessary licenses. All use,
4occupation, and excise taxes which apply to the sale of food
5and beverages in this State and all taxes imposed on the sale
6or use of tangible personal property apply to such sales aboard
7the riverboat or in the casino.
8    (j) The Board may issue or re-issue a license authorizing a
9riverboat to dock in a municipality or approve a relocation
10under Section 11.2 only if, prior to the issuance or
11re-issuance of the license or approval, the governing body of
12the municipality in which the riverboat will dock has by a
13majority vote approved the docking of riverboats in the
14municipality. The Board may issue or re-issue a license
15authorizing a riverboat to dock in areas of a county outside
16any municipality or approve a relocation under Section 11.2
17only if, prior to the issuance or re-issuance of the license or
18approval, the governing body of the county has by a majority
19vote approved of the docking of riverboats within such areas.
20    (k) An owners licensee may conduct land-based gambling
21operations upon approval by the Board and payment of a fee of
22$250,000, which shall be deposited into the State Gaming Fund.
23    (l) An owners licensee may conduct gaming at a temporary
24facility pending the construction of a permanent facility or
25the remodeling or relocation of an existing facility to
26accommodate gaming participants for up to 24 months after the

 

 

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1temporary facility begins to conduct gaming. Upon request by an
2owners licensee and upon a showing of good cause by the owners
3licensee, the Board shall extend the period during which the
4licensee may conduct gaming at a temporary facility by up to 12
5months. The Board shall make rules concerning the conduct of
6gaming from temporary facilities.
7(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18;
8101-31, eff. 6-28-19; revised 9-20-19.)
 
9    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
10    Sec. 13. Wagering tax; rate; distribution.
11    (a) Until January 1, 1998, a tax is imposed on the adjusted
12gross receipts received from gambling games authorized under
13this Act at the rate of 20%.
14    (a-1) From January 1, 1998 until July 1, 2002, a privilege
15tax is imposed on persons engaged in the business of conducting
16riverboat gambling operations, based on the adjusted gross
17receipts received by a licensed owner from gambling games
18authorized under this Act at the following rates:
19        15% of annual adjusted gross receipts up to and
20    including $25,000,000;
21        20% of annual adjusted gross receipts in excess of
22    $25,000,000 but not exceeding $50,000,000;
23        25% of annual adjusted gross receipts in excess of
24    $50,000,000 but not exceeding $75,000,000;
25        30% of annual adjusted gross receipts in excess of

 

 

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1    $75,000,000 but not exceeding $100,000,000;
2        35% of annual adjusted gross receipts in excess of
3    $100,000,000.
4    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
5is imposed on persons engaged in the business of conducting
6riverboat gambling operations, other than licensed managers
7conducting riverboat gambling operations on behalf of the
8State, based on the adjusted gross receipts received by a
9licensed owner from gambling games authorized under this Act at
10the following rates:
11        15% of annual adjusted gross receipts up to and
12    including $25,000,000;
13        22.5% of annual adjusted gross receipts in excess of
14    $25,000,000 but not exceeding $50,000,000;
15        27.5% of annual adjusted gross receipts in excess of
16    $50,000,000 but not exceeding $75,000,000;
17        32.5% of annual adjusted gross receipts in excess of
18    $75,000,000 but not exceeding $100,000,000;
19        37.5% of annual adjusted gross receipts in excess of
20    $100,000,000 but not exceeding $150,000,000;
21        45% of annual adjusted gross receipts in excess of
22    $150,000,000 but not exceeding $200,000,000;
23        50% of annual adjusted gross receipts in excess of
24    $200,000,000.
25    (a-3) Beginning July 1, 2003, a privilege tax is imposed on
26persons engaged in the business of conducting riverboat

 

 

HB3933- 20 -LRB101 13808 SMS 62666 b

1gambling operations, other than licensed managers conducting
2riverboat gambling operations on behalf of the State, based on
3the adjusted gross receipts received by a licensed owner from
4gambling games authorized under this Act at the following
5rates:
6        15% of annual adjusted gross receipts up to and
7    including $25,000,000;
8        27.5% of annual adjusted gross receipts in excess of
9    $25,000,000 but not exceeding $37,500,000;
10        32.5% of annual adjusted gross receipts in excess of
11    $37,500,000 but not exceeding $50,000,000;
12        37.5% of annual adjusted gross receipts in excess of
13    $50,000,000 but not exceeding $75,000,000;
14        45% of annual adjusted gross receipts in excess of
15    $75,000,000 but not exceeding $100,000,000;
16        50% of annual adjusted gross receipts in excess of
17    $100,000,000 but not exceeding $250,000,000;
18        70% of annual adjusted gross receipts in excess of
19    $250,000,000.
20    An amount equal to the amount of wagering taxes collected
21under this subsection (a-3) that are in addition to the amount
22of wagering taxes that would have been collected if the
23wagering tax rates under subsection (a-2) were in effect shall
24be paid into the Common School Fund.
25    The privilege tax imposed under this subsection (a-3) shall
26no longer be imposed beginning on the earlier of (i) July 1,

 

 

HB3933- 21 -LRB101 13808 SMS 62666 b

12005; (ii) the first date after June 20, 2003 that riverboat
2gambling operations are conducted pursuant to a dormant
3license; or (iii) the first day that riverboat gambling
4operations are conducted under the authority of an owners
5license that is in addition to the 10 owners licenses initially
6authorized under this Act. For the purposes of this subsection
7(a-3), the term "dormant license" means an owners license that
8is authorized by this Act under which no riverboat gambling
9operations are being conducted on June 20, 2003.
10    (a-4) Beginning on the first day on which the tax imposed
11under subsection (a-3) is no longer imposed and ending upon the
12imposition of the privilege tax under subsection (a-5) of this
13Section, a privilege tax is imposed on persons engaged in the
14business of conducting gambling operations, other than
15licensed managers conducting riverboat gambling operations on
16behalf of the State, based on the adjusted gross receipts
17received by a licensed owner from gambling games authorized
18under this Act at the following rates:
19        15% of annual adjusted gross receipts up to and
20    including $25,000,000;
21        22.5% of annual adjusted gross receipts in excess of
22    $25,000,000 but not exceeding $50,000,000;
23        27.5% of annual adjusted gross receipts in excess of
24    $50,000,000 but not exceeding $75,000,000;
25        32.5% of annual adjusted gross receipts in excess of
26    $75,000,000 but not exceeding $100,000,000;

 

 

HB3933- 22 -LRB101 13808 SMS 62666 b

1        37.5% of annual adjusted gross receipts in excess of
2    $100,000,000 but not exceeding $150,000,000;
3        45% of annual adjusted gross receipts in excess of
4    $150,000,000 but not exceeding $200,000,000;
5        50% of annual adjusted gross receipts in excess of
6    $200,000,000.
7    For the imposition of the privilege tax in this subsection
8(a-4), amounts paid pursuant to item (1) of subsection (b) of
9Section 56 of the Illinois Horse Racing Act of 1975 shall not
10be included in the determination of adjusted gross receipts.
11    (a-5) Beginning on the first day that an owners licensee
12under paragraph (1), (2), (3), (4), (5), or (6) of subsection
13(e-5) of Section 7 conducts gambling operations, either in a
14temporary facility or a permanent facility, a privilege tax is
15imposed on persons engaged in the business of conducting
16gambling operations, other than licensed managers conducting
17riverboat gambling operations on behalf of the State, based on
18the adjusted gross receipts received by such licensee from the
19gambling games authorized under this Act. The privilege tax for
20all gambling games other than table games, including, but not
21limited to, slot machines, video game of chance gambling, and
22electronic gambling games shall be at the following rates:
23        15% of annual adjusted gross receipts up to and
24    including $25,000,000;
25        22.5% of annual adjusted gross receipts in excess of
26    $25,000,000 but not exceeding $50,000,000;

 

 

HB3933- 23 -LRB101 13808 SMS 62666 b

1        27.5% of annual adjusted gross receipts in excess of
2    $50,000,000 but not exceeding $75,000,000;
3        32.5% of annual adjusted gross receipts in excess of
4    $75,000,000 but not exceeding $100,000,000;
5        37.5% of annual adjusted gross receipts in excess of
6    $100,000,000 but not exceeding $150,000,000;
7        45% of annual adjusted gross receipts in excess of
8    $150,000,000 but not exceeding $200,000,000;
9        50% of annual adjusted gross receipts in excess of
10    $200,000,000.
11    The privilege tax for table games shall be at the following
12rates:
13        15% of annual adjusted gross receipts up to and
14    including $25,000,000;
15        20% of annual adjusted gross receipts in excess of
16    $25,000,000.
17    For the imposition of the privilege tax in this subsection
18(a-5), amounts paid pursuant to item (1) of subsection (b) of
19Section 56 of the Illinois Horse Racing Act of 1975 shall not
20be included in the determination of adjusted gross receipts.
21    Notwithstanding the provisions of this subsection (a-5),
22for the first 10 years that the privilege tax is imposed under
23this subsection (a-5), the privilege tax shall be imposed on
24the modified annual adjusted gross receipts of a riverboat or
25casino conducting gambling operations in the City of East St.
26Louis, unless:

 

 

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1        (1) the riverboat or casino fails to employ at least
2    450 people;
3        (2) the riverboat or casino fails to maintain
4    operations in a manner consistent with this Act or is not a
5    viable riverboat or casino subject to the approval of the
6    Board; or
7        (3) the owners licensee is not an entity in which
8    employees participate in an employee stock ownership plan.
9    As used in this subsection (a-5), "modified annual adjusted
10gross receipts" means:
11        (A) for calendar year 2020, the annual adjusted gross
12    receipts for the current year minus the difference between
13    an amount equal to the average annual adjusted gross
14    receipts from a riverboat or casino conducting gambling
15    operations in the City of East St. Louis for 2014, 2015,
16    2016, 2017, and 2018 and the annual adjusted gross receipts
17    for 2018;
18        (B) for calendar year 2021, the annual adjusted gross
19    receipts for the current year minus the difference between
20    an amount equal to the average annual adjusted gross
21    receipts from a riverboat or casino conducting gambling
22    operations in the City of East St. Louis for 2014, 2015,
23    2016, 2017, and 2018 and the annual adjusted gross receipts
24    for 2019; and
25        (C) for calendar years 2022 through 2029, the annual
26    adjusted gross receipts for the current year minus the

 

 

HB3933- 25 -LRB101 13808 SMS 62666 b

1    difference between an amount equal to the average annual
2    adjusted gross receipts from a riverboat or casino
3    conducting gambling operations in the City of East St.
4    Louis for 3 years preceding the current year and the annual
5    adjusted gross receipts for the immediately preceding
6    year.
7    (a-5.5) In addition to the privilege tax imposed under
8subsection (a-5), a privilege tax is imposed on the owners
9licensee under paragraph (1) of subsection (e-5) of Section 7
10at the rate of one-third of the owners licensee's adjusted
11gross receipts.
12    For the imposition of the privilege tax in this subsection
13(a-5.5), amounts paid pursuant to item (1) of subsection (b) of
14Section 56 of the Illinois Horse Racing Act of 1975 shall not
15be included in the determination of adjusted gross receipts.
16    (a-6) From June 28, 2019 (the effective date of Public Act
17101-31) this amendatory Act of the 101st General Assembly until
18June 30, 2023, an owners licensee that conducted gambling
19operations prior to January 1, 2011 shall receive a
20dollar-for-dollar credit against the tax imposed under this
21Section for any renovation or construction costs paid by the
22owners licensee, but in no event shall the credit exceed
23$2,000,000.
24    Additionally, from June 28, 2019 (the effective date of
25Public Act 101-31) this amendatory Act of the 101st General
26Assembly until December 31, 2022, an owners licensee that (i)

 

 

HB3933- 26 -LRB101 13808 SMS 62666 b

1is located within 15 miles of the Missouri border, and (ii) has
2at least 3 riverboats, casinos, or their equivalent within a
345-mile radius, may be authorized to relocate to a new location
4with the approval of both the unit of local government
5designated as the home dock and the Board, so long as the new
6location is within the same unit of local government and no
7more than 3 miles away from its original location. Such owners
8licensee shall receive a credit against the tax imposed under
9this Section equal to 8% of the total project costs, as
10approved by the Board, for any renovation or construction costs
11paid by the owners licensee for the construction of the new
12facility, provided that the new facility is operational by July
131, 2022. In determining whether or not to approve a relocation,
14the Board must consider the extent to which the relocation will
15diminish the gaming revenues received by other Illinois gaming
16facilities.
17    (a-7) Beginning in the initial adjustment year and through
18the final adjustment year, if the total obligation imposed
19pursuant to either subsection (a-5) or (a-6) will result in an
20owners licensee receiving less after-tax adjusted gross
21receipts than it received in calendar year 2018, then the total
22amount of privilege taxes that the owners licensee is required
23to pay for that calendar year shall be reduced to the extent
24necessary so that the after-tax adjusted gross receipts in that
25calendar year equals the after-tax adjusted gross receipts in
26calendar year 2018, but the privilege tax reduction shall not

 

 

HB3933- 27 -LRB101 13808 SMS 62666 b

1exceed the annual adjustment cap. If pursuant to this
2subsection (a-7), the total obligation imposed pursuant to
3either subsection (a-5) or (a-6) shall be reduced, then the
4owners licensee shall not receive a refund from the State at
5the end of the subject calendar year but instead shall be able
6to apply that amount as a credit against any payments it owes
7to the State in the following calendar year to satisfy its
8total obligation under either subsection (a-5) or (a-6). The
9credit for the final adjustment year shall occur in the
10calendar year following the final adjustment year.
11    If an owners licensee that conducted gambling operations
12prior to January 1, 2019 expands its riverboat or casino,
13including, but not limited to, with respect to its gaming
14floor, additional non-gaming amenities such as restaurants,
15bars, and hotels and other additional facilities, and incurs
16construction and other costs related to such expansion from
17June 28, 2019 (the effective date of Public Act 101-31) this
18amendatory Act of the 101st General Assembly until June 28,
192024 (the 5th anniversary of the effective date of Public Act
20101-31) this amendatory Act of the 101st General Assembly, then
21for each $15,000,000 spent for any such construction or other
22costs related to expansion paid by the owners licensee, the
23final adjustment year shall be extended by one year and the
24annual adjustment cap shall increase by 0.2% of adjusted gross
25receipts during each calendar year until and including the
26final adjustment year. No further modifications to the final

 

 

HB3933- 28 -LRB101 13808 SMS 62666 b

1adjustment year or annual adjustment cap shall be made after
2$75,000,000 is incurred in construction or other costs related
3to expansion so that the final adjustment year shall not extend
4beyond the 9th calendar year after the initial adjustment year,
5not including the initial adjustment year, and the annual
6adjustment cap shall not exceed 4% of adjusted gross receipts
7in a particular calendar year. Construction and other costs
8related to expansion shall include all project related costs,
9including, but not limited to, all hard and soft costs,
10financing costs, on or off-site ground, road or utility work,
11cost of gaming equipment and all other personal property,
12initial fees assessed for each incremental gaming position, and
13the cost of incremental land acquired for such expansion. Soft
14costs shall include, but not be limited to, legal fees,
15architect, engineering and design costs, other consultant
16costs, insurance cost, permitting costs, and pre-opening costs
17related to the expansion, including, but not limited to, any of
18the following: marketing, real estate taxes, personnel,
19training, travel and out-of-pocket expenses, supply,
20inventory, and other costs, and any other project related soft
21costs.
22    To be eligible for the tax credits in subsection (a-6), all
23construction contracts shall include a requirement that the
24contractor enter into a project labor agreement with the
25building and construction trades council with geographic
26jurisdiction of the location of the proposed gaming facility.

 

 

HB3933- 29 -LRB101 13808 SMS 62666 b

1    Notwithstanding any other provision of this subsection
2(a-7), this subsection (a-7) does not apply to an owners
3licensee unless such owners licensee spends at least
4$15,000,000 on construction and other costs related to its
5expansion, excluding the initial fees assessed for each
6incremental gaming position.
7    This subsection (a-7) does not apply to owners licensees
8authorized pursuant to subsection (e-5) of Section 7 of this
9Act.
10    For purposes of this subsection (a-7):
11    "Building and construction trades council" means any
12organization representing multiple construction entities that
13are monitoring or attentive to compliance with public or
14workers' safety laws, wage and hour requirements, or other
15statutory requirements or that are making or maintaining
16collective bargaining agreements.
17    "Initial adjustment year" means the year commencing on
18January 1 of the calendar year immediately following the
19earlier of the following:
20        (1) the commencement of gambling operations, either in
21    a temporary or permanent facility, with respect to the
22    owners license authorized under paragraph (1) of
23    subsection (e-5) of Section 7 of this Act; or
24        (2) June 28, 2021 (24 months after the effective date
25    of Public Act 101-31); this amendatory Act of the 101st
26    General Assembly,

 

 

HB3933- 30 -LRB101 13808 SMS 62666 b

1provided the initial adjustment year shall not commence earlier
2than June 28, 2020 (12 months after the effective date of
3Public Act 101-31) this amendatory Act of the 101st General
4Assembly.
5    "Final adjustment year" means the 2nd calendar year after
6the initial adjustment year, not including the initial
7adjustment year, and as may be extended further as described in
8this subsection (a-7).
9    "Annual adjustment cap" means 3% of adjusted gross receipts
10in a particular calendar year, and as may be increased further
11as otherwise described in this subsection (a-7).
12    (a-8) Riverboat gambling operations conducted by a
13licensed manager on behalf of the State are not subject to the
14tax imposed under this Section.
15    (a-9) Beginning on January 1, 2020, the calculation of
16gross receipts or adjusted gross receipts, for the purposes of
17this Section, for a riverboat, a casino, or an organization
18gaming facility shall not include the dollar amount of
19non-cashable vouchers, coupons, and electronic promotions
20redeemed by wagerers upon the riverboat, in the casino, or in
21the organization gaming facility up to and including an amount
22not to exceed 20% of a riverboat's, a casino's, or an
23organization gaming facility's adjusted gross receipts.
24    The Illinois Gaming Board shall submit to the General
25Assembly a comprehensive report no later than March 31, 2023
26detailing, at a minimum, the effect of removing non-cashable

 

 

HB3933- 31 -LRB101 13808 SMS 62666 b

1vouchers, coupons, and electronic promotions from this
2calculation on net gaming revenues to the State in calendar
3years 2020 through 2022, the increase or reduction in wagerers
4as a result of removing non-cashable vouchers, coupons, and
5electronic promotions from this calculation, the effect of the
6tax rates in subsection (a-5) on net gaming revenues to this
7State, and proposed modifications to the calculation.
8    (a-10) The taxes imposed by this Section shall be paid by
9the licensed owner or the organization gaming licensee to the
10Board not later than 5:00 o'clock p.m. of the day after the day
11when the wagers were made.
12    (a-15) If the privilege tax imposed under subsection (a-3)
13is no longer imposed pursuant to item (i) of the last paragraph
14of subsection (a-3), then by June 15 of each year, each owners
15licensee, other than an owners licensee that admitted 1,000,000
16persons or fewer in calendar year 2004, must, in addition to
17the payment of all amounts otherwise due under this Section,
18pay to the Board a reconciliation payment in the amount, if
19any, by which the licensed owner's base amount exceeds the
20amount of net privilege tax paid by the licensed owner to the
21Board in the then current State fiscal year. A licensed owner's
22net privilege tax obligation due for the balance of the State
23fiscal year shall be reduced up to the total of the amount paid
24by the licensed owner in its June 15 reconciliation payment.
25The obligation imposed by this subsection (a-15) is binding on
26any person, firm, corporation, or other entity that acquires an

 

 

HB3933- 32 -LRB101 13808 SMS 62666 b

1ownership interest in any such owners license. The obligation
2imposed under this subsection (a-15) terminates on the earliest
3of: (i) July 1, 2007, (ii) the first day after the effective
4date of this amendatory Act of the 94th General Assembly that
5riverboat gambling operations are conducted pursuant to a
6dormant license, (iii) the first day that riverboat gambling
7operations are conducted under the authority of an owners
8license that is in addition to the 10 owners licenses initially
9authorized under this Act, or (iv) the first day that a
10licensee under the Illinois Horse Racing Act of 1975 conducts
11gaming operations with slot machines or other electronic gaming
12devices. The Board must reduce the obligation imposed under
13this subsection (a-15) by an amount the Board deems reasonable
14for any of the following reasons: (A) an act or acts of God,
15(B) an act of bioterrorism or terrorism or a bioterrorism or
16terrorism threat that was investigated by a law enforcement
17agency, or (C) a condition beyond the control of the owners
18licensee that does not result from any act or omission by the
19owners licensee or any of its agents and that poses a hazardous
20threat to the health and safety of patrons. If an owners
21licensee pays an amount in excess of its liability under this
22Section, the Board shall apply the overpayment to future
23payments required under this Section.
24    For purposes of this subsection (a-15):
25    "Act of God" means an incident caused by the operation of
26an extraordinary force that cannot be foreseen, that cannot be

 

 

HB3933- 33 -LRB101 13808 SMS 62666 b

1avoided by the exercise of due care, and for which no person
2can be held liable.
3    "Base amount" means the following:
4        For a riverboat in Alton, $31,000,000.
5        For a riverboat in East Peoria, $43,000,000.
6        For the Empress riverboat in Joliet, $86,000,000.
7        For a riverboat in Metropolis, $45,000,000.
8        For the Harrah's riverboat in Joliet, $114,000,000.
9        For a riverboat in Aurora, $86,000,000.
10        For a riverboat in East St. Louis, $48,500,000.
11        For a riverboat in Elgin, $198,000,000.
12    "Dormant license" has the meaning ascribed to it in
13subsection (a-3).
14    "Net privilege tax" means all privilege taxes paid by a
15licensed owner to the Board under this Section, less all
16payments made from the State Gaming Fund pursuant to subsection
17(b) of this Section.
18    The changes made to this subsection (a-15) by Public Act
1994-839 are intended to restate and clarify the intent of Public
20Act 94-673 with respect to the amount of the payments required
21to be made under this subsection by an owners licensee to the
22Board.
23    (b) From the tax revenue from riverboat or casino gambling
24deposited in the State Gaming Fund under this Section, an
25amount equal to 5% of adjusted gross receipts generated by a
26riverboat or a casino, other than a riverboat or casino

 

 

HB3933- 34 -LRB101 13808 SMS 62666 b

1designated in paragraph (1), (3), or (4) of subsection (e-5) of
2Section 7, shall be paid monthly, subject to appropriation by
3the General Assembly, to the unit of local government in which
4the casino is located or that is designated as the home dock of
5the riverboat. Notwithstanding anything to the contrary,
6beginning on the first day that an owners licensee under
7paragraph (1), (2), (3), (4), (5), or (6) of subsection (e-5)
8of Section 7 conducts gambling operations, either in a
9temporary facility or a permanent facility, and for 2 years
10thereafter, a unit of local government designated as the home
11dock of a riverboat whose license was issued before January 1,
122019, other than a riverboat conducting gambling operations in
13the City of East St. Louis, shall not receive less under this
14subsection (b) than the amount the unit of local government
15received under this subsection (b) in calendar year 2018.
16Notwithstanding anything to the contrary and because the City
17of East St. Louis is a financially distressed city, beginning
18on the first day that an owners licensee under paragraph (1),
19(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
20conducts gambling operations, either in a temporary facility or
21a permanent facility, and for 10 years thereafter, a unit of
22local government designated as the home dock of a riverboat
23conducting gambling operations in the City of East St. Louis
24shall not receive less under this subsection (b) than the
25amount the unit of local government received under this
26subsection (b) in calendar year 2018.

 

 

HB3933- 35 -LRB101 13808 SMS 62666 b

1    From the tax revenue deposited in the State Gaming Fund
2pursuant to riverboat or casino gambling operations conducted
3by a licensed manager on behalf of the State, an amount equal
4to 5% of adjusted gross receipts generated pursuant to those
5riverboat or casino gambling operations shall be paid monthly,
6subject to appropriation by the General Assembly, to the unit
7of local government that is designated as the home dock of the
8riverboat upon which those riverboat gambling operations are
9conducted or in which the casino is located.
10    From the tax revenue from riverboat or casino gambling
11deposited in the State Gaming Fund under this Section, an
12amount equal to 5% of the adjusted gross receipts generated by
13a riverboat designated in paragraph (3) of subsection (e-5) of
14Section 7 shall be divided and remitted monthly, subject to
15appropriation, as follows: 70% to Waukegan, 10% to Park City,
1615% to North Chicago, and 5% to Lake County.
17    From the tax revenue from riverboat or casino gambling
18deposited in the State Gaming Fund under this Section, an
19amount equal to 5% of the adjusted gross receipts generated by
20a riverboat designated in paragraph (4) of subsection (e-5) of
21Section 7 shall be remitted monthly, subject to appropriation,
22as follows: 70% to the City of Rockford, 5% to the City of
23Loves Park, 5% to the Village of Machesney, and 20% to
24Winnebago County.
25    From the tax revenue from riverboat or casino gambling
26deposited in the State Gaming Fund under this Section, an

 

 

HB3933- 36 -LRB101 13808 SMS 62666 b

1amount equal to 5% of the adjusted gross receipts generated by
2a riverboat designated in paragraph (5) of subsection (e-5) of
3Section 7 shall be remitted monthly, subject to appropriation,
4as follows: 2% to the unit of local government in which the
5riverboat or casino is located, and 3% shall be distributed:
6(A) in accordance with a regional capital development plan
7entered into by the following communities: Village of Beecher,
8City of Blue Island, Village of Burnham, City of Calumet City,
9Village of Calumet Park, City of Chicago Heights, City of
10Country Club Hills, Village of Crestwood, Village of Crete,
11Village of Dixmoor, Village of Dolton, Village of East Hazel
12Crest, Village of Flossmoor, Village of Ford Heights, Village
13of Glenwood, City of Harvey, Village of Hazel Crest, Village of
14Homewood, Village of Lansing, Village of Lynwood, City of
15Markham, Village of Matteson, Village of Midlothian, Village of
16Monee, City of Oak Forest, Village of Olympia Fields, Village
17of Orland Hills, Village of Orland Park, City of Palos Heights,
18Village of Park Forest, Village of Phoenix, Village of Posen,
19Village of Richton Park, Village of Riverdale, Village of
20Robbins, Village of Sauk Village, Village of South Chicago
21Heights, Village of South Holland, Village of Steger, Village
22of Thornton, Village of Tinley Park, Village of University Park
23and Village of Worth; or (B) if no regional capital development
24plan exists, equally among the communities listed in item (A)
25to be used for capital expenditures or public pension payments,
26or both.

 

 

HB3933- 37 -LRB101 13808 SMS 62666 b

1    Units of local government may refund any portion of the
2payment that they receive pursuant to this subsection (b) to
3the riverboat or casino.
4    (b-4) Beginning on the first day the licensee under
5paragraph (5) of subsection (e-5) of Section 7 conducts
6gambling operations, either in a temporary facility or a
7permanent facility, and ending on July 31, 2042, from the tax
8revenue deposited in the State Gaming Fund under this Section,
9$5,000,000 shall be paid annually, subject to appropriation, to
10the host municipality of that owners licensee of a license
11issued or re-issued pursuant to Section 7.1 of this Act before
12January 1, 2012. Payments received by the host municipality
13pursuant to this subsection (b-4) may not be shared with any
14other unit of local government.
15    (b-5) Beginning on June 28, 2019 (the effective date of
16Public Act 101-31) this amendatory Act of the 101st General
17Assembly, from the tax revenue deposited in the State Gaming
18Fund under this Section, an amount equal to 3% of adjusted
19gross receipts generated by each organization gaming facility
20located outside Madison County shall be paid monthly, subject
21to appropriation by the General Assembly, to a municipality
22other than the Village of Stickney in which each organization
23gaming facility is located or, if the organization gaming
24facility is not located within a municipality, to the county in
25which the organization gaming facility is located, except as
26otherwise provided in this Section. From the tax revenue

 

 

HB3933- 38 -LRB101 13808 SMS 62666 b

1deposited in the State Gaming Fund under this Section, an
2amount equal to 3% of adjusted gross receipts generated by an
3organization gaming facility located in the Village of Stickney
4shall be paid monthly, subject to appropriation by the General
5Assembly, as follows: 25% to the Village of Stickney, 5% to the
6City of Berwyn, 50% to the Town of Cicero, and 20% to the
7Stickney Public Health District.
8    From the tax revenue deposited in the State Gaming Fund
9under this Section, an amount equal to 5% of adjusted gross
10receipts generated by an organization gaming facility located
11in the City of Collinsville shall be paid monthly, subject to
12appropriation by the General Assembly, as follows: 30% to the
13City of Alton, 30% to the City of East St. Louis, and 40% to the
14City of Collinsville.
15    Municipalities and counties may refund any portion of the
16payment that they receive pursuant to this subsection (b-5) to
17the organization gaming facility.
18    (b-6) Beginning on June 28, 2019 (the effective date of
19Public Act 101-31) this amendatory Act of the 101st General
20Assembly, from the tax revenue deposited in the State Gaming
21Fund under this Section, an amount equal to 2% of adjusted
22gross receipts generated by an organization gaming facility
23located outside Madison County shall be paid monthly, subject
24to appropriation by the General Assembly, to the county in
25which the organization gaming facility is located for the
26purposes of its criminal justice system or health care system.

 

 

HB3933- 39 -LRB101 13808 SMS 62666 b

1    Counties may refund any portion of the payment that they
2receive pursuant to this subsection (b-6) to the organization
3gaming facility.
4    (b-7) From the tax revenue from the organization gaming
5licensee located in one of the following townships or villages
6of Cook County or Will County: Bloom, Bremen, Calumet, Crete,
7Orland, Rich, Thornton, or Worth, an amount equal to 5% of the
8adjusted gross receipts generated by that organization gaming
9licensee shall be remitted monthly, subject to appropriation,
10as follows: 2% to the unit of local government in which the
11organization gaming licensee is located, and 3% shall be
12distributed: (A) in accordance with a regional capital
13development plan entered into by the following communities:
14Village of Beecher, City of Blue Island, Village of Burnham,
15City of Calumet City, Village of Calumet Park, City of Chicago
16Heights, City of Country Club Hills, Village of Crestwood,
17Village of Crete, Village of Dixmoor, Village of Dolton,
18Village of East Hazel Crest, Village of Flossmoor, Village of
19Ford Heights, Village of Glenwood, City of Harvey, Village of
20Hazel Crest, Village of Homewood, Village of Lansing, Village
21of Lynwood, City of Markham, Village of Matteson, Village of
22Midlothian, Village of Monee, City of Oak Forest, Village of
23Olympia Fields, Village of Orland Hills, Village of Orland
24Park, City of Palos Heights, Village of Park Forest, Village of
25Phoenix, Village of Posen, Village of Richton Park, Village of
26Riverdale, Village of Robbins, Village of Sauk Village, Village

 

 

HB3933- 40 -LRB101 13808 SMS 62666 b

1of South Chicago Heights, Village of South Holland, Village of
2Steger, Village of Thornton, Village of Tinley Park, Village of
3University Park, and Village of Worth; or (B) if no regional
4capital development plan exists, equally among the communities
5listed in item (A) to be used for capital expenditures or
6public pension payments, or both.
7    (b-8) In lieu of the payments under subsection (b) of this
8Section, the tax revenue from the privilege tax imposed by
9subsection (a-5.5) shall be paid monthly, subject to
10appropriation by the General Assembly, to the City of Chicago
11and shall be expended or obligated by the City of Chicago for
12pension payments in accordance with Public Act 99-506.
13    (c) Appropriations, as approved by the General Assembly,
14may be made from the State Gaming Fund to the Board (i) for the
15administration and enforcement of this Act and the Video Gaming
16Act, (ii) for distribution to the Department of State Police
17and to the Department of Revenue for the enforcement of this
18Act, and the Video Gaming Act, and (iii) to the Department of
19Human Services for the administration of programs to treat
20problem gambling, including problem gambling from sports
21wagering. The Board's annual appropriations request must
22separately state its funding needs for the regulation of gaming
23authorized under Section 7.7, riverboat gaming, casino gaming,
24video gaming, and sports wagering.
25    (c-2) An amount equal to 2% of the adjusted gross receipts
26generated by an organization gaming facility located within a

 

 

HB3933- 41 -LRB101 13808 SMS 62666 b

1home rule county with a population of over 3,000,000
2inhabitants shall be paid, subject to appropriation from the
3General Assembly, from the State Gaming Fund to the home rule
4county in which the organization gaming licensee is located for
5the purpose of enhancing the county's criminal justice system.
6    (c-3) Appropriations, as approved by the General Assembly,
7may be made from the tax revenue deposited into the State
8Gaming Fund from organization gaming licensees pursuant to this
9Section for the administration and enforcement of this Act.
10    (c-4) After payments required under subsections (b),
11(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
12the tax revenue from organization gaming licensees deposited
13into the State Gaming Fund under this Section, all remaining
14amounts from organization gaming licensees shall be
15transferred into the Capital Projects Fund.
16    (c-5) (Blank).
17    (c-10) Each year the General Assembly shall appropriate
18from the General Revenue Fund to the Education Assistance Fund
19an amount equal to the amount paid into the Horse Racing Equity
20Fund pursuant to subsection (c-5) in the prior calendar year.
21    (c-15) After the payments required under subsections (b),
22(c), and (c-5) have been made, an amount equal to 2% of the
23adjusted gross receipts of (1) an owners licensee that
24relocates pursuant to Section 11.2, (2) an owners licensee
25conducting riverboat gambling operations pursuant to an owners
26license that is initially issued after June 25, 1999, or (3)

 

 

HB3933- 42 -LRB101 13808 SMS 62666 b

1the first riverboat gambling operations conducted by a licensed
2manager on behalf of the State under Section 7.3, whichever
3comes first, shall be paid, subject to appropriation from the
4General Assembly, from the State Gaming Fund to each home rule
5county with a population of over 3,000,000 inhabitants for the
6purpose of enhancing the county's criminal justice system.
7    (c-20) Each year the General Assembly shall appropriate
8from the General Revenue Fund to the Education Assistance Fund
9an amount equal to the amount paid to each home rule county
10with a population of over 3,000,000 inhabitants pursuant to
11subsection (c-15) in the prior calendar year.
12    (c-21) After the payments required under subsections (b),
13(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
14been made, an amount equal to 2% of the adjusted gross receipts
15generated by the owners licensee under paragraph (1) of
16subsection (e-5) of Section 7 shall be paid, subject to
17appropriation from the General Assembly, from the State Gaming
18Fund to the home rule county in which the owners licensee is
19located for the purpose of enhancing the county's criminal
20justice system.
21    (c-22) After the payments required under subsections (b),
22(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
23(c-21) have been made, an amount equal to 2% of the adjusted
24gross receipts generated by the owners licensee under paragraph
25(5) of subsection (e-5) of Section 7 shall be paid, subject to
26appropriation from the General Assembly, from the State Gaming

 

 

HB3933- 43 -LRB101 13808 SMS 62666 b

1Fund to the home rule county in which the owners licensee is
2located for the purpose of enhancing the county's criminal
3justice system.
4    (c-25) From July 1, 2013 and each July 1 thereafter through
5July 1, 2019, $1,600,000 shall be transferred from the State
6Gaming Fund to the Chicago State University Education
7Improvement Fund.
8    On July 1, 2020 and each July 1 thereafter, $3,000,000
9shall be transferred from the State Gaming Fund to the Chicago
10State University Education Improvement Fund.
11    (c-30) On July 1, 2013 or as soon as possible thereafter,
12$92,000,000 shall be transferred from the State Gaming Fund to
13the School Infrastructure Fund and $23,000,000 shall be
14transferred from the State Gaming Fund to the Horse Racing
15Equity Fund.
16    (c-35) Beginning on July 1, 2013, in addition to any amount
17transferred under subsection (c-30) of this Section,
18$5,530,000 shall be transferred monthly from the State Gaming
19Fund to the School Infrastructure Fund.
20    (d) From time to time, the Board shall transfer the
21remainder of the funds generated by this Act into the Education
22Assistance Fund, created by Public Act 86-0018, of the State of
23Illinois.
24    (e) Nothing in this Act shall prohibit the unit of local
25government designated as the home dock of the riverboat from
26entering into agreements with other units of local government

 

 

HB3933- 44 -LRB101 13808 SMS 62666 b

1in this State or in other states to share its portion of the
2tax revenue.
3    (f) To the extent practicable, the Board shall administer
4and collect the wagering taxes imposed by this Section in a
5manner consistent with the provisions of Sections 4, 5, 5a, 5b,
65c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
7Retailers' Occupation Tax Act and Section 3-7 of the Uniform
8Penalty and Interest Act.
9(Source: P.A. 101-31, Article 25, Section 25-910, eff. 6-28-19;
10101-31, Article 35, Section 35-55, eff. 6-28-19; revised
118-23-19.)
 
12    Section 15. The Eminent Domain Act is amended by adding
13Section 25-5-80 as follows:
 
14    (735 ILCS 30/25-5-80 new)
15    Sec. 25-5-80. Quick-take; Village of Crete. Quick-take
16proceedings under Article 20 may be used for a period of 24
17months after the effective date of this amendatory Act of the
18101st General Assembly by the Village of Crete for the
19nullification of any restriction of record on private real
20property by means of a recorded deed or other recorded
21instruments that in any way prohibits, restrains, or has any
22impact whatsoever on private real property for the purpose of
23applying for an organization license under Section 19.5 of the
24Illinois Horse Racing Act of 1975 or an owners license under

 

 

HB3933- 45 -LRB101 13808 SMS 62666 b

1paragraph (5) of subsection (e-5) of Section 7 of the Illinois
2Gambling Act.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.