Illinois General Assembly - Full Text of SB0669
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Full Text of SB0669  101st General Assembly

SB0669sam001 101ST GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 11/13/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 669

2    AMENDMENT NO. ______. Amend Senate Bill 669 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Gambling Act is amended by
5changing Sections 7, 7.7, 13, and 22 as follows:
 
6    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
7    Sec. 7. Owners licenses.
8    (a) The Board shall issue owners licenses to persons or
9entities that apply for such licenses upon payment to the Board
10of the non-refundable license fee as provided in subsection (e)
11or (e-5) and upon a determination by the Board that the
12applicant is eligible for an owners license pursuant to this
13Act and the rules of the Board. From the effective date of this
14amendatory Act of the 95th General Assembly until (i) 3 years
15after the effective date of this amendatory Act of the 95th
16General Assembly, (ii) the date any organization licensee

 

 

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1begins to operate a slot machine or video game of chance under
2the Illinois Horse Racing Act of 1975 or this Act, (iii) the
3date that payments begin under subsection (c-5) of Section 13
4of this the Act, (iv) the wagering tax imposed under Section 13
5of this Act is increased by law to reflect a tax rate that is at
6least as stringent or more stringent than the tax rate
7contained in subsection (a-3) of Section 13, or (v) when an
8owners licensee holding a license issued pursuant to Section
97.1 of this Act begins conducting gaming, whichever occurs
10first, as a condition of licensure and as an alternative source
11of payment for those funds payable under subsection (c-5) of
12Section 13 of this Act, any owners licensee that holds or
13receives its owners license on or after the effective date of
14this amendatory Act of the 94th General Assembly, other than an
15owners licensee operating a riverboat with adjusted gross
16receipts in calendar year 2004 of less than $200,000,000, must
17pay into the Horse Racing Equity Trust Fund, in addition to any
18other payments required under this Act, an amount equal to 3%
19of the adjusted gross receipts received by the owners licensee.
20The payments required under this Section shall be made by the
21owners licensee to the State Treasurer no later than 3:00
22o'clock p.m. of the day after the day when the adjusted gross
23receipts were received by the owners licensee. A person or
24entity is ineligible to receive an owners license if:
25        (1) the person has been convicted of a felony under the
26    laws of this State, any other state, or the United States;

 

 

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1        (2) the person has been convicted of any violation of
2    Article 28 of the Criminal Code of 1961 or the Criminal
3    Code of 2012, or substantially similar laws of any other
4    jurisdiction;
5        (3) the person has submitted an application for a
6    license under this Act which contains false information;
7        (4) the person is a member of the Board;
8        (5) a person defined in (1), (2), (3), or (4) is an
9    officer, director, or managerial employee of the entity;
10        (6) the entity employs a person defined in (1), (2),
11    (3), or (4) who participates in the management or operation
12    of gambling operations authorized under this Act;
13        (7) (blank); or
14        (8) a license of the person or entity issued under this
15    Act, or a license to own or operate gambling facilities in
16    any other jurisdiction, has been revoked.
17    The Board is expressly prohibited from making changes to
18the requirement that licensees make payment into the Horse
19Racing Equity Trust Fund without the express authority of the
20Illinois General Assembly and making any other rule to
21implement or interpret this amendatory Act of the 95th General
22Assembly. For the purposes of this paragraph, "rules" is given
23the meaning given to that term in Section 1-70 of the Illinois
24Administrative Procedure Act.
25    (b) In determining whether to grant an owners license to an
26applicant, the Board shall consider:

 

 

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

 

 

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1    veterans of service in the armed forces of the United
2    States in all employment classifications;
3        (5) the financial ability of the applicant to purchase
4    and maintain adequate liability and casualty insurance;
5        (6) whether the applicant has adequate capitalization
6    to provide and maintain, for the duration of a license, a
7    riverboat or casino;
8        (7) the extent to which the applicant exceeds or meets
9    other standards for the issuance of an owners license which
10    the Board may adopt by rule;
11        (8) the amount of the applicant's license bid;
12        (9) the extent to which the applicant or the proposed
13    host municipality plans to enter into revenue sharing
14    agreements with communities other than the host
15    municipality; and
16        (10) the extent to which the ownership of an applicant
17    includes the most qualified number of minority persons,
18    women, and persons with a disability.
19    (c) Each owners license shall specify the place where the
20casino shall operate or the riverboat shall operate and dock.
21    (d) Each applicant shall submit with his or her
22application, on forms provided by the Board, 2 sets of his or
23her 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; and one of which shall authorize riverboat
16gambling from a home dock in the City of Alton. One other
17license shall authorize riverboat gambling on the Illinois
18River in the City of East Peoria or, with Board approval, shall
19authorize land-based gambling operations anywhere within the
20corporate limits of the City of Peoria. The Board shall issue
21one additional license to become effective not earlier than
22March 1, 1992, which shall authorize riverboat gambling on the
23Des Plaines River in Will County. The Board may issue 4
24additional licenses to become effective not earlier than March
251, 1992. In determining the water upon which riverboats will
26operate, the Board shall consider the economic benefit which

 

 

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

 

 

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1        (4) the Board may issue one owners license authorizing
2    the conduct of riverboat gambling in the City of Rockford;
3        (5) the Board may issue one owners license authorizing
4    the conduct of riverboat gambling in a municipality that is
5    wholly or partially located in one of the following
6    townships of Cook County: Bloom, Bremen, Calumet, Rich,
7    Thornton, or Worth Township; and
8        (6) the Board may issue one owners license authorizing
9    the conduct of riverboat gambling in the unincorporated
10    area of Williamson County adjacent to the Big Muddy River.
11    Except for the license authorized under paragraph (1), each
12application for a license pursuant to this subsection (e-5)
13shall be submitted to the Board no later than 120 days after
14June 28, 2019 (the effective date of Public Act 101-31) this
15amendatory Act of the 101st General Assembly. All applications
16for a license under this subsection (e-5) shall include the
17nonrefundable application fee and the nonrefundable background
18investigation fee as provided in subsection (d) of Section 6 of
19this Act. In the event that an applicant submits an application
20for a license pursuant to this subsection (e-5) prior to June
2128, 2019 (the effective date of Public Act 101-31) this
22amendatory Act of the 101st General Assembly, such applicant
23shall submit the nonrefundable application fee and background
24investigation fee as provided in subsection (d) of Section 6 of
25this Act no later than 6 months after June 28, 2019 (the
26effective date of Public Act 101-31) this amendatory Act of the

 

 

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1101st General Assembly.
2    The Board shall consider issuing a license pursuant to
3paragraphs (1) through (6) of this subsection only after the
4corporate authority of the municipality or the county board of
5the county in which the riverboat or casino shall be located
6has certified to the Board the following:
7        (i) that the applicant has negotiated with the
8    corporate authority or county board in good faith;
9        (ii) that the applicant and the corporate authority or
10    county board have mutually agreed on the permanent location
11    of the riverboat or casino;
12        (iii) that the applicant and the corporate authority or
13    county board have mutually agreed on the temporary location
14    of the riverboat or casino;
15        (iv) that the applicant and the corporate authority or
16    the county board have mutually agreed on the percentage of
17    revenues that will be shared with the municipality or
18    county, if any;
19        (v) that the applicant and the corporate authority or
20    county board have mutually agreed on any zoning, licensing,
21    public health, or other issues that are within the
22    jurisdiction of the municipality or county; and
23        (vi) that the corporate authority or county board has
24    passed a resolution or ordinance in support of the
25    riverboat or casino in the municipality or county; .
26        (vii) the applicant for a license under paragraph (1)

 

 

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1    has made a public presentation concerning its casino
2    proposal; and
3        (viii) the applicant for a license under paragraph (1)
4    has prepared a summary of its casino proposal and such
5    summary has been posted on a public website of the
6    municipality or the county.
7    At least 7 days before the corporate authority of a
8municipality or county board of the county submits a
9certification to the Board concerning items (i) through (viii)
10(vi) of this subsection, it shall hold a public hearing to
11discuss items (i) through (viii) (vi), as well as any other
12details concerning the proposed riverboat or casino in the
13municipality or county. The corporate authority or county board
14must subsequently memorialize the details concerning the
15proposed riverboat or casino in a resolution that must be
16adopted by a majority of the corporate authority or county
17board before any certification is sent to the Board. The Board
18shall not alter, amend, change, or otherwise interfere with any
19agreement between the applicant and the corporate authority of
20the municipality or county board of the county regarding the
21location of any temporary or permanent facility.
22    In addition, within 10 days after June 28, 2019 (the
23effective date of Public Act 101-31) this amendatory Act of the
24101st General Assembly, the Board, with consent and at the
25expense of the City of Chicago, shall select and retain the
26services of a nationally recognized casino gaming feasibility

 

 

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1consultant. Within 45 days after June 28, 2019 (the effective
2date of Public Act 101-31) this amendatory Act of the 101st
3General Assembly, the consultant shall prepare and deliver to
4the Board a study concerning the feasibility of, and the
5ability to finance, a casino in the City of Chicago. The
6feasibility study shall be delivered to the Mayor of the City
7of Chicago, the Governor, the President of the Senate, and the
8Speaker of the House of Representatives. Ninety days after
9receipt of the feasibility study, the Board shall make a
10determination, based on the results of the feasibility study,
11whether to recommend to the General Assembly that the terms of
12the license under paragraph (1) of this subsection (e-5) should
13be modified. The Board may begin accepting applications for the
14owners license under paragraph (1) of this subsection (e-5)
15upon the determination to issue such an owners license.
16    In addition, prior to the Board issuing the owners license
17authorized under paragraph (4) of subsection (e-5), an impact
18study shall be completed to determine what location in the city
19will provide the greater impact to the region, including the
20creation of jobs and the generation of tax revenue.
21    (e-10) The licenses authorized under subsection (e-5) of
22this Section shall be issued within 12 months after the date
23the license application is submitted. If the Board does not
24issue the licenses within that time period, then the Board
25shall give a written explanation to the applicant as to why it
26has not reached a determination and when it reasonably expects

 

 

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1to make a determination. The fee for the issuance or renewal of
2a license issued pursuant to this subsection (e-10) shall be
3$250,000. Additionally, a licensee located outside of Cook
4County shall pay a minimum initial fee of $17,500 per gaming
5position, and a licensee located in Cook County shall pay a
6minimum initial fee of $30,000 per gaming position. The initial
7fees payable under this subsection (e-10) shall be deposited
8into the Rebuild Illinois Projects Fund.
9    (e-15) Each licensee of a license authorized under
10subsection (e-5) of this Section shall make a reconciliation
11payment 6 3 years after the date the licensee begins operating
12in an amount equal to 75% of the adjusted gross receipts for
13the most lucrative 12-month period of operations, minus an
14amount equal to the initial payment per gaming position paid by
15the specific licensee. Each licensee shall pay a $15,000,000
16reconciliation fee upon issuance of an owners license. If this
17calculation results in a negative amount, then the licensee is
18not entitled to any reimbursement of fees previously paid. This
19reconciliation payment may be made in installments over a
20period of no more than 6 2 years, subject to Board approval.
21Any installment payments shall include an annual market
22interest rate as determined by the Board. All payments by
23licensees under this subsection (e-15) shall be deposited into
24the Rebuild Illinois Projects Fund.
25    (e-20) In addition to any other revocation powers granted
26to the Board under this Act, the Board may revoke the owners

 

 

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1license of a licensee which fails to begin conducting gambling
2within 15 months of receipt of the Board's approval of the
3application if the Board determines that license revocation is
4in the best interests of the State.
5    (f) The first 10 owners licenses issued under this Act
6shall permit the holder to own up to 2 riverboats and equipment
7thereon for a period of 3 years after the effective date of the
8license. Holders of the first 10 owners licenses must pay the
9annual license fee for each of the 3 years during which they
10are authorized to own riverboats.
11    (g) Upon the termination, expiration, or revocation of each
12of the first 10 licenses, which shall be issued for a 3-year 3
13year period, all licenses are renewable annually upon payment
14of the fee and a determination by the Board that the licensee
15continues to meet all of the requirements of this Act and the
16Board's rules. However, for licenses renewed on or after May 1,
171998, renewal shall be for a period of 4 years, unless the
18Board sets a shorter period.
19    (h) An owners license, except for an owners license issued
20under subsection (e-5) of this Section, shall entitle the
21licensee to own up to 2 riverboats.
22    An owners licensee of a casino or riverboat that is located
23in the City of Chicago pursuant to paragraph (1) of subsection
24(e-5) of this Section shall limit the number of gaming
25positions to 4,000 for such owner. An owners licensee
26authorized under subsection (e) or paragraph (2), (3), (4), or

 

 

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1(5) of subsection (e-5) of this Section shall limit the number
2of gaming positions to 2,000 for any such owners license. An
3owners licensee authorized under paragraph (6) of subsection
4(e-5) of this Section shall limit the number of gaming
5positions to 1,200 for such owner. The initial fee for each
6gaming position obtained on or after June 28, 2019 (the
7effective date of Public Act 101-31) this amendatory Act of the
8101st General Assembly shall be a minimum of $17,500 for
9licensees not located in Cook County and a minimum of $30,000
10for licensees located in Cook County, in addition to the
11reconciliation payment, as set forth in subsection (e-15) of
12this Section. The fees under this subsection (h) shall be
13deposited into the Rebuild Illinois Projects Fund. The fees
14under this subsection (h) that are paid by an owners licensee
15authorized under subsection (e) shall be paid by July 1, 2020.
16    Each owners licensee under subsection (e) of this Section
17shall reserve its gaming positions within 30 days after June
1828, 2019 (the effective date of Public Act 101-31) this
19amendatory Act of the 101st General Assembly. The Board may
20grant an extension to this 30-day period, provided that the
21owners licensee submits a written request and explanation as to
22why it is unable to reserve its positions within the 30-day
23period.
24    Each owners licensee under subsection (e-5) of this Section
25shall reserve its gaming positions within 30 days after
26issuance of its owners license. The Board may grant an

 

 

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1extension to this 30-day period, provided that the owners
2licensee submits a written request and explanation as to why it
3is unable to reserve its positions within the 30-day period.
4    A licensee may operate both of its riverboats concurrently,
5provided that the total number of gaming positions on both
6riverboats does not exceed the limit established pursuant to
7this subsection. Riverboats licensed to operate on the
8Mississippi River and the Illinois River south of Marshall
9County shall have an authorized capacity of at least 500
10persons. Any other riverboat licensed under this Act shall have
11an authorized capacity of at least 400 persons.
12    (h-5) An owners licensee who conducted gambling operations
13prior to January 1, 2012 and obtains positions pursuant to
14Public Act 101-31 this amendatory Act of the 101st General
15Assembly shall make a reconciliation payment 3 years after any
16additional gaming positions begin operating in an amount equal
17to 75% of the owners licensee's average gross receipts for the
18most lucrative 12-month period of operations minus an amount
19equal to the initial fee that the owners licensee paid per
20additional gaming position. For purposes of this subsection
21(h-5), "average gross receipts" means (i) the increase in
22adjusted gross receipts for the most lucrative 12-month period
23of operations over the adjusted gross receipts for 2019,
24multiplied by (ii) the percentage derived by dividing the
25number of additional gaming positions that an owners licensee
26had obtained by the total number of gaming positions operated

 

 

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1by the owners licensee. If this calculation results in a
2negative amount, then the owners licensee is not entitled to
3any reimbursement of fees previously paid. This reconciliation
4payment may be made in installments over a period of no more
5than 6 2 years, subject to Board approval. Any installment
6payments shall include an annual market interest rate as
7determined by the Board. These reconciliation payments shall be
8deposited into the Rebuild Illinois Projects Fund.
9    (i) A licensed owner is authorized to apply to the Board
10for and, if approved therefor, to receive all licenses from the
11Board necessary for the operation of a riverboat or casino,
12including a liquor license, a license to prepare and serve food
13for human consumption, and other necessary licenses. All use,
14occupation, and excise taxes which apply to the sale of food
15and beverages in this State and all taxes imposed on the sale
16or use of tangible personal property apply to such sales aboard
17the riverboat or in the casino.
18    (j) The Board may issue or re-issue a license authorizing a
19riverboat to dock in a municipality or approve a relocation
20under Section 11.2 only if, prior to the issuance or
21re-issuance of the license or approval, the governing body of
22the municipality in which the riverboat will dock has by a
23majority vote approved the docking of riverboats in the
24municipality. The Board may issue or re-issue a license
25authorizing a riverboat to dock in areas of a county outside
26any municipality or approve a relocation under Section 11.2

 

 

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1only if, prior to the issuance or re-issuance of the license or
2approval, the governing body of the county has by a majority
3vote approved of the docking of riverboats within such areas.
4    (k) An owners licensee may conduct land-based gambling
5operations upon approval by the Board and payment of a fee of
6$250,000, which shall be deposited into the State Gaming Fund.
7    (l) An owners licensee may conduct gaming at a temporary
8facility pending the construction of a permanent facility or
9the remodeling or relocation of an existing facility to
10accommodate gaming participants for up to 24 months after the
11temporary facility begins to conduct gaming. Upon request by an
12owners licensee and upon a showing of good cause by the owners
13licensee, the Board shall extend the period during which the
14licensee may conduct gaming at a temporary facility by up to 12
15months. The Board shall make rules concerning the conduct of
16gaming from temporary facilities.
17(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18;
18101-31, eff. 6-28-19; revised 9-20-19.)
 
19    (230 ILCS 10/7.7)
20    Sec. 7.7. Organization gaming licenses.
21    (a) The Illinois Gaming Board shall award one organization
22gaming license to each person or entity having operating
23control of a racetrack that applies under Section 56 of the
24Illinois Horse Racing Act of 1975, subject to the application
25and eligibility requirements of this Section. Within 60 days

 

 

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1after the effective date of this amendatory Act of the 101st
2General Assembly, a person or entity having operating control
3of a racetrack may submit an application for an organization
4gaming license. The application shall be made on such forms as
5provided by the Board and shall contain such information as the
6Board prescribes, including, but not limited to, the identity
7of any racetrack at which gaming will be conducted pursuant to
8an organization gaming license, detailed information regarding
9the ownership and management of the applicant, and detailed
10personal information regarding the applicant. The application
11shall specify the number of gaming positions the applicant
12intends to use and the place where the organization gaming
13facility will operate. A person who knowingly makes a false
14statement on an application is guilty of a Class A misdemeanor.
15    Each applicant shall disclose the identity of every person
16or entity having a direct or indirect pecuniary interest
17greater than 1% in any racetrack with respect to which the
18license is sought. If the disclosed entity is a corporation,
19the applicant shall disclose the names and addresses of all
20officers, stockholders, and directors. If the disclosed entity
21is a limited liability company, the applicant shall disclose
22the names and addresses of all members and managers. If the
23disclosed entity is a partnership, the applicant shall disclose
24the names and addresses of all partners, both general and
25limited. If the disclosed entity is a trust, the applicant
26shall disclose the names and addresses of all beneficiaries.

 

 

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1    An application shall be filed and considered in accordance
2with the rules of the Board. Each application for an
3organization gaming license shall include a nonrefundable
4application fee of $250,000. In addition, a nonrefundable fee
5of $50,000 shall be paid at the time of filing to defray the
6costs associated with background investigations conducted by
7the Board. If the costs of the background investigation exceed
8$50,000, the applicant shall pay the additional amount to the
9Board within 7 days after a request by the Board. If the costs
10of the investigation are less than $50,000, the applicant shall
11receive a refund of the remaining amount. All information,
12records, interviews, reports, statements, memoranda, or other
13data supplied to or used by the Board in the course of this
14review or investigation of an applicant for an organization
15gaming license under this Act shall be privileged and strictly
16confidential and shall be used only for the purpose of
17evaluating an applicant for an organization gaming license or a
18renewal. Such information, records, interviews, reports,
19statements, memoranda, or other data shall not be admissible as
20evidence nor discoverable in any action of any kind in any
21court or before any tribunal, board, agency or person, except
22for any action deemed necessary by the Board. The application
23fee shall be deposited into the State Gaming Fund.
24    Any applicant or key person, including the applicant's
25owners, officers, directors (if a corporation), managers and
26members (if a limited liability company), and partners (if a

 

 

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1partnership), for an organization gaming license shall have his
2or her fingerprints submitted to the Department of State Police
3in an electronic format that complies with the form and manner
4for requesting and furnishing criminal history record
5information as prescribed by the Department of State Police.
6These fingerprints shall be checked against the Department of
7State Police and Federal Bureau of Investigation criminal
8history record databases now and hereafter filed, including,
9but not limited to, civil, criminal, and latent fingerprint
10databases. The Department of State Police shall charge
11applicants a fee for conducting the criminal history records
12check, which shall be deposited into the State Police Services
13Fund and shall not exceed the actual cost of the records check.
14The Department of State Police shall furnish, pursuant to
15positive identification, records of Illinois criminal history
16to the Department. Each applicant shall submit with his or her
17application, on forms provided by the Board, a set of his or
18her fingerprints. The Board shall charge each applicant a fee
19set by the Department of State Police to defray the costs
20associated with the search and classification of fingerprints
21obtained by the Board with respect to the applicant's
22application. This fee shall be paid into the State Police
23Services Fund.
24    (b) The Board shall determine within 120 days after
25receiving an application for an organization gaming license
26whether to grant an organization gaming license to the

 

 

10100SB0669sam001- 21 -LRB101 04431 SMS 64685 a

1applicant. If the Board does not make a determination within
2that time period, then the Board shall give a written
3explanation to the applicant as to why it has not reached a
4determination and when it reasonably expects to make a
5determination.
6    The organization gaming licensee shall purchase up to the
7amount of gaming positions authorized under this Act within 120
8days after receiving its organization gaming license. If an
9organization gaming licensee is prepared to purchase the gaming
10positions, but is temporarily prohibited from doing so by order
11of a court of competent jurisdiction or the Board, then the
12120-day period is tolled until a resolution is reached.
13    An organization gaming license shall authorize its holder
14to conduct gaming under this Act at its racetracks on the same
15days of the year and hours of the day that owners licenses are
16allowed to operate under approval of the Board.
17    An organization gaming license and any renewal of an
18organization gaming license shall authorize gaming pursuant to
19this Section for a period of 4 years. The fee for the issuance
20or renewal of an organization gaming license shall be $250,000.
21    All payments by licensees under this subsection (b) shall
22be deposited into the Rebuild Illinois Projects Fund.
23    (c) To be eligible to conduct gaming under this Section, a
24person or entity having operating control of a racetrack must
25(i) obtain an organization gaming license, (ii) hold an
26organization license under the Illinois Horse Racing Act of

 

 

10100SB0669sam001- 22 -LRB101 04431 SMS 64685 a

11975, (iii) hold an inter-track wagering license, (iv) pay an
2initial fee of $30,000 per gaming position from organization
3gaming licensees where gaming is conducted in Cook County and,
4except as provided in subsection (c-5), $17,500 for
5organization gaming licensees where gaming is conducted
6outside of Cook County before beginning to conduct gaming plus
7make the reconciliation payment required under subsection (k),
8(v) conduct live racing in accordance with subsections (e-1),
9(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
10of 1975, (vi) meet the requirements of subsection (a) of
11Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
12organization licensees conducting standardbred race meetings,
13keep backstretch barns and dormitories open and operational
14year-round unless a lesser schedule is mutually agreed to by
15the organization licensee and the horsemen association racing
16at that organization licensee's race meeting, (viii) for
17organization licensees conducting thoroughbred race meetings,
18the organization licensee must maintain accident medical
19expense liability insurance coverage of $1,000,000 for
20jockeys, and (ix) meet all other requirements of this Act that
21apply to owners licensees.
22    An organization gaming licensee may enter into a joint
23venture with a licensed owner to own, manage, conduct, or
24otherwise operate the organization gaming licensee's
25organization gaming facilities, unless the organization gaming
26licensee has a parent company or other affiliated company that

 

 

10100SB0669sam001- 23 -LRB101 04431 SMS 64685 a

1is, directly or indirectly, wholly owned by a parent company
2that is also licensed to conduct organization gaming, casino
3gaming, or their equivalent in another state.
4    All payments by licensees under this subsection (c) shall
5be deposited into the Rebuild Illinois Projects Fund.
6    (c-5) A person or entity having operating control of a
7racetrack located in Madison County shall only pay the initial
8fees specified in subsection (c) for 540 of the gaming
9positions authorized under the license.
10    (d) A person or entity is ineligible to receive an
11organization gaming license if:
12        (1) the person or entity has been convicted of a felony
13    under the laws of this State, any other state, or the
14    United States, including a conviction under the Racketeer
15    Influenced and Corrupt Organizations Act;
16        (2) the person or entity has been convicted of any
17    violation of Article 28 of the Criminal Code of 2012, or
18    substantially similar laws of any other jurisdiction;
19        (3) the person or entity has submitted an application
20    for a license under this Act that contains false
21    information;
22        (4) the person is a member of the Board;
23        (5) a person defined in (1), (2), (3), or (4) of this
24    subsection (d) is an officer, director, or managerial
25    employee of the entity;
26        (6) the person or entity employs a person defined in

 

 

10100SB0669sam001- 24 -LRB101 04431 SMS 64685 a

1    (1), (2), (3), or (4) of this subsection (d) who
2    participates in the management or operation of gambling
3    operations authorized under this Act; or
4        (7) a license of the person or entity issued under this
5    Act or a license to own or operate gambling facilities in
6    any other jurisdiction has been revoked.
7    (e) The Board may approve gaming positions pursuant to an
8organization gaming license statewide as provided in this
9Section. The authority to operate gaming positions under this
10Section shall be allocated as follows: up to 1,200 gaming
11positions for any organization gaming licensee in Cook County
12and up to 900 gaming positions for any organization gaming
13licensee outside of Cook County.
14    (f) Each applicant for an organization gaming license shall
15specify in its application for licensure the number of gaming
16positions it will operate, up to the applicable limitation set
17forth in subsection (e) of this Section. Any unreserved gaming
18positions that are not specified shall be forfeited and
19retained by the Board. For the purposes of this subsection (f),
20an organization gaming licensee that did not conduct live
21racing in 2010 and is located within 3 miles of the Mississippi
22River may reserve up to 900 positions and shall not be
23penalized under this Section for not operating those positions
24until it meets the requirements of subsection (e) of this
25Section, but such licensee shall not request unreserved gaming
26positions under this subsection (f) until its 900 positions are

 

 

10100SB0669sam001- 25 -LRB101 04431 SMS 64685 a

1all operational.
2    Thereafter, the Board shall publish the number of
3unreserved gaming positions and shall accept requests for
4additional positions from any organization gaming licensee
5that initially reserved all of the positions that were offered.
6The Board shall allocate expeditiously the unreserved gaming
7positions to requesting organization gaming licensees in a
8manner that maximizes revenue to the State. The Board may
9allocate any such unused gaming positions pursuant to an open
10and competitive bidding process, as provided under Section 7.5
11of this Act. This process shall continue until all unreserved
12gaming positions have been purchased. All positions obtained
13pursuant to this process and all positions the organization
14gaming licensee specified it would operate in its application
15must be in operation within 18 months after they were obtained
16or the organization gaming licensee forfeits the right to
17operate those positions, but is not entitled to a refund of any
18fees paid. The Board may, after holding a public hearing, grant
19extensions so long as the organization gaming licensee is
20working in good faith to make the positions operational. The
21extension may be for a period of 6 months. If, after the period
22of the extension, the organization gaming licensee has not made
23the positions operational, then another public hearing must be
24held by the Board before it may grant another extension.
25    Unreserved gaming positions retained from and allocated to
26organization gaming licensees by the Board pursuant to this

 

 

10100SB0669sam001- 26 -LRB101 04431 SMS 64685 a

1subsection (f) shall not be allocated to owners licensees under
2this Act.
3    For the purpose of this subsection (f), the unreserved
4gaming positions for each organization gaming licensee shall be
5the applicable limitation set forth in subsection (e) of this
6Section, less the number of reserved gaming positions by such
7organization gaming licensee, and the total unreserved gaming
8positions shall be the aggregate of the unreserved gaming
9positions for all organization gaming licensees.
10    (g) An organization gaming licensee is authorized to
11conduct the following at a racetrack:
12        (1) slot machine gambling;
13        (2) video game of chance gambling;
14        (3) gambling with electronic gambling games as defined
15    in this Act or defined by the Illinois Gaming Board; and
16        (4) table games.
17    (h) Subject to the approval of the Illinois Gaming Board,
18an organization gaming licensee may make modification or
19additions to any existing buildings and structures to comply
20with the requirements of this Act. The Illinois Gaming Board
21shall make its decision after consulting with the Illinois
22Racing Board. In no case, however, shall the Illinois Gaming
23Board approve any modification or addition that alters the
24grounds of the organization licensee such that the act of live
25racing is an ancillary activity to gaming authorized under this
26Section. Gaming authorized under this Section may take place in

 

 

10100SB0669sam001- 27 -LRB101 04431 SMS 64685 a

1existing structures where inter-track wagering is conducted at
2the racetrack or a facility within 300 yards of the racetrack
3in accordance with the provisions of this Act and the Illinois
4Horse Racing Act of 1975.
5    (i) An organization gaming licensee may conduct gaming at a
6temporary facility pending the construction of a permanent
7facility or the remodeling or relocation of an existing
8facility to accommodate gaming participants for up to 24 months
9after the temporary facility begins to conduct gaming
10authorized under this Section. Upon request by an organization
11gaming licensee and upon a showing of good cause by the
12organization gaming licensee, the Board shall extend the period
13during which the licensee may conduct gaming authorized under
14this Section at a temporary facility by up to 12 months. The
15Board shall make rules concerning the conduct of gaming
16authorized under this Section from temporary facilities.
17    The gaming authorized under this Section may take place in
18existing structures where inter-track wagering is conducted at
19the racetrack or a facility within 300 yards of the racetrack
20in accordance with the provisions of this Act and the Illinois
21Horse Racing Act of 1975.
22    (i-5) Under no circumstances shall an organization gaming
23licensee conduct gaming at any State or county fair.
24    (j) The Illinois Gaming Board must adopt emergency rules in
25accordance with Section 5-45 of the Illinois Administrative
26Procedure Act as necessary to ensure compliance with the

 

 

10100SB0669sam001- 28 -LRB101 04431 SMS 64685 a

1provisions of this amendatory Act of the 101st General Assembly
2concerning the conduct of gaming by an organization gaming
3licensee. The adoption of emergency rules authorized by this
4subsection (j) shall be deemed to be necessary for the public
5interest, safety, and welfare.
6    (k) Each organization gaming licensee who obtains gaming
7positions must make a reconciliation payment 3 years after the
8date the organization gaming licensee begins operating the
9positions in an amount equal to 75% of the difference between
10its adjusted gross receipts from gaming authorized under this
11Section and amounts paid to its purse accounts pursuant to item
12(1) of subsection (b) of Section 56 of the Illinois Horse
13Racing Act of 1975 for the 12-month period for which such
14difference was the largest, minus an amount equal to the
15initial per position fee paid by the organization gaming
16licensee. If this calculation results in a negative amount,
17then the organization gaming licensee is not entitled to any
18reimbursement of fees previously paid. This reconciliation
19payment may be made in installments over a period of no more
20than 2 years, subject to Board approval. Any installment
21payments shall include an annual market interest rate as
22determined by the Board.
23    All payments by licensees under this subsection (k) shall
24be deposited into the Rebuild Illinois Projects Fund.
25    (l) As soon as practical after a request is made by the
26Illinois Gaming Board, to minimize duplicate submissions by the

 

 

10100SB0669sam001- 29 -LRB101 04431 SMS 64685 a

1applicant, the Illinois Racing Board must provide information
2on an applicant for an organization gaming license to the
3Illinois Gaming Board.
4(Source: P.A. 101-31, eff. 6-28-19.)
 
5    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
6    Sec. 13. Wagering tax; rate; distribution.
7    (a) Until January 1, 1998, a tax is imposed on the adjusted
8gross receipts received from gambling games authorized under
9this Act at the rate of 20%.
10    (a-1) From January 1, 1998 until July 1, 2002, a privilege
11tax is imposed on persons engaged in the business of conducting
12riverboat gambling operations, based on the adjusted gross
13receipts received by a licensed owner from gambling games
14authorized under this Act at the following rates:
15        15% of annual adjusted gross receipts up to and
16    including $25,000,000;
17        20% of annual adjusted gross receipts in excess of
18    $25,000,000 but not exceeding $50,000,000;
19        25% of annual adjusted gross receipts in excess of
20    $50,000,000 but not exceeding $75,000,000;
21        30% of annual adjusted gross receipts in excess of
22    $75,000,000 but not exceeding $100,000,000;
23        35% of annual adjusted gross receipts in excess of
24    $100,000,000.
25    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax

 

 

10100SB0669sam001- 30 -LRB101 04431 SMS 64685 a

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

 

 

10100SB0669sam001- 31 -LRB101 04431 SMS 64685 a

1rates:
2        15% of annual adjusted gross receipts up to and
3    including $25,000,000;
4        27.5% of annual adjusted gross receipts in excess of
5    $25,000,000 but not exceeding $37,500,000;
6        32.5% of annual adjusted gross receipts in excess of
7    $37,500,000 but not exceeding $50,000,000;
8        37.5% of annual adjusted gross receipts in excess of
9    $50,000,000 but not exceeding $75,000,000;
10        45% of annual adjusted gross receipts in excess of
11    $75,000,000 but not exceeding $100,000,000;
12        50% of annual adjusted gross receipts in excess of
13    $100,000,000 but not exceeding $250,000,000;
14        70% of annual adjusted gross receipts in excess of
15    $250,000,000.
16    An amount equal to the amount of wagering taxes collected
17under this subsection (a-3) that are in addition to the amount
18of wagering taxes that would have been collected if the
19wagering tax rates under subsection (a-2) were in effect shall
20be paid into the Common School Fund.
21    The privilege tax imposed under this subsection (a-3) shall
22no longer be imposed beginning on the earlier of (i) July 1,
232005; (ii) the first date after June 20, 2003 that riverboat
24gambling operations are conducted pursuant to a dormant
25license; or (iii) the first day that riverboat gambling
26operations are conducted under the authority of an owners

 

 

10100SB0669sam001- 32 -LRB101 04431 SMS 64685 a

1license that is in addition to the 10 owners licenses initially
2authorized under this Act. For the purposes of this subsection
3(a-3), the term "dormant license" means an owners license that
4is authorized by this Act under which no riverboat gambling
5operations are being conducted on June 20, 2003.
6    (a-4) Beginning on the first day on which the tax imposed
7under subsection (a-3) is no longer imposed and ending upon the
8imposition of the privilege tax under subsection (a-5) of this
9Section, a privilege tax is imposed on persons engaged in the
10business of conducting gambling operations, other than
11licensed managers conducting riverboat gambling operations on
12behalf of the State, based on the adjusted gross receipts
13received by a licensed owner from gambling games authorized
14under this Act at the following rates:
15        15% of annual adjusted gross receipts up to and
16    including $25,000,000;
17        22.5% of annual adjusted gross receipts in excess of
18    $25,000,000 but not exceeding $50,000,000;
19        27.5% of annual adjusted gross receipts in excess of
20    $50,000,000 but not exceeding $75,000,000;
21        32.5% of annual adjusted gross receipts in excess of
22    $75,000,000 but not exceeding $100,000,000;
23        37.5% of annual adjusted gross receipts in excess of
24    $100,000,000 but not exceeding $150,000,000;
25        45% of annual adjusted gross receipts in excess of
26    $150,000,000 but not exceeding $200,000,000;

 

 

10100SB0669sam001- 33 -LRB101 04431 SMS 64685 a

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

 

 

10100SB0669sam001- 34 -LRB101 04431 SMS 64685 a

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

 

 

10100SB0669sam001- 35 -LRB101 04431 SMS 64685 a

1slot machines, video game of chance gambling, and electronic
2gambling games shall be at the following rates:
3        12% of annual adjusted gross receipts up to and
4    including $25,000,000 to the State and 10.5% of annual
5    gross receipts up to and including $25,000,000 to the City
6    of Chicago;
7        16% of annual adjusted gross receipts in excess of
8    $25,000,000 but not exceeding $50,000,000 to the State and
9    14% of annual adjusted gross receipts in excess of
10    $25,000,000 but not exceeding $50,000,000 to the City of
11    Chicago;
12        20.1% of annual adjusted gross receipts in excess of
13    $50,000,000 but not exceeding $75,000,000 to the State and
14    17.4% of annual adjusted gross receipts in excess of
15    $50,000,000 but not exceeding $75,000,000 to the City of
16    Chicago;
17        21.4% of annual adjusted gross receipts in excess of
18    $75,000,000 but not exceeding $100,000,000 to the State and
19    18.6% of annual adjusted gross receipts in excess of
20    $75,000,000 but not exceeding $100,000,000 to the City of
21    Chicago;
22        22.7% of annual adjusted gross receipts in excess of
23    $100,000,000 but not exceeding $150,000,000 to the State
24    and 19.8% of annual adjusted gross receipts in excess of
25    $100,000,000 but not exceeding $150,000,000 to the City of
26    Chicago;

 

 

10100SB0669sam001- 36 -LRB101 04431 SMS 64685 a

1        24.1% of annual adjusted gross receipts in excess of
2    $150,000,000 but not exceeding $225,000,000 to the State
3    and 20.9% of annual adjusted gross receipts in excess of
4    $150,000,000 but not exceeding $225,000,000 to the City of
5    Chicago;
6        26.8%% of annual adjusted gross receipts in excess of
7    $225,000,000 but not exceeding $1,000,000,000 to the State
8    and 23.2% of annual adjusted gross receipts in excess of
9    $225,000,000 but not exceeding $1,000,000,000 to the City
10    of Chicago;
11        40% of annual adjusted gross receipts in excess of
12    $1,000,000,000 to the State and 34.7% of annual gross
13    receipts in excess of $1,000,000,000 to the City of
14    Chicago.
15    The privilege tax for table games shall be at the following
16rates:
17        8.1% of annual adjusted gross receipts up to and
18    including $25,000,000 to the State and 6.9% of annual
19    adjusted gross receipts up to and including $25,000,000 to
20    the City of Chicago;
21        10.7% of annual adjusted gross receipts in excess of
22    $25,000,000 but not exceeding $75,000,000 to the State and
23    9.3% of annual adjusted gross receipts in excess of
24    $25,000,000 but not exceeding $75,000,000 to the City of
25    Chicago;
26        11.2% of annual adjusted gross receipts in excess of

 

 

10100SB0669sam001- 37 -LRB101 04431 SMS 64685 a

1    $75,000,000 but not exceeding $175,000,000 to the State and
2    9.8% of annual adjusted gross receipts in excess of
3    $75,000,000 but not exceeding $175,000,000 to the City of
4    Chicago;
5        13.5% of annual adjusted gross receipts in excess of
6    $175,000,000 but not exceeding $225,000,000 to the State
7    and 11.5% of annual adjusted gross receipts in excess of
8    $175,000,000 but not exceeding $225,000,000 to the City of
9    Chicago;
10        15.1% of annual adjusted gross receipts in excess of
11    $225,000,000 but not exceeding $275,000,000 to the State
12    and 12.9% of annual adjusted gross receipts in excess of
13    $225,000,000 but not exceeding $275,000,000 to the City of
14    Chicago;
15        16.2% of annual adjusted gross receipts in excess of
16    $275,000,000 but not exceeding $375,000,000 to the State
17    and 13.8% of annual adjusted gross receipts in excess of
18    $275,000,000 but not exceeding $375,000,000 to the City of
19    Chicago;
20        18.9% of annual adjusted gross receipts in excess of
21    $375,000,000 to the State and 16.1% of annual gross
22    receipts in excess of $375,000,000 to the City of Chicago.
23    Notwithstanding the provisions of this subsection (a-5),
24for the first 10 years that the privilege tax is imposed under
25this subsection (a-5), the privilege tax shall be imposed on
26the modified annual adjusted gross receipts of a riverboat or

 

 

10100SB0669sam001- 38 -LRB101 04431 SMS 64685 a

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

 

 

10100SB0669sam001- 39 -LRB101 04431 SMS 64685 a

1        (C) for calendar years 2022 through 2029, the annual
2    adjusted gross receipts for the current year minus the
3    difference between an amount equal to the average annual
4    adjusted gross receipts from a riverboat or casino
5    conducting gambling operations in the City of East St.
6    Louis for 3 years preceding the current year and the annual
7    adjusted gross receipts for the immediately preceding
8    year.
9    (a-5.5) In addition to the privilege tax imposed under
10subsection (a-5), a privilege tax is imposed on the owners
11licensee under paragraph (1) of subsection (e-5) of Section 7
12at the rate of one-third of the owners licensee's adjusted
13gross receipts.
14    For the imposition of the privilege tax in this subsection
15(a-5.5), 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 June 28, 2019 (the effective date of Public Act
19101-31) this amendatory Act of the 101st General Assembly until
20June 30, 2023, an owners licensee that conducted gambling
21operations prior to January 1, 2011 shall receive a
22dollar-for-dollar credit against the tax imposed under this
23Section for any renovation or construction costs paid by the
24owners licensee, but in no event shall the credit exceed
25$2,000,000.
26    Additionally, from June 28, 2019 (the effective date of

 

 

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1Public Act 101-31) this amendatory Act of the 101st General
2Assembly until December 31, 2022, an owners licensee that (i)
3is located within 15 miles of the Missouri border, and (ii) has
4at least 3 riverboats, casinos, or their equivalent within a
545-mile radius, may be authorized to relocate to a new location
6with the approval of both the unit of local government
7designated as the home dock and the Board, so long as the new
8location is within the same unit of local government and no
9more than 3 miles away from its original location. Such owners
10licensee shall receive a credit against the tax imposed under
11this Section equal to 8% of the total project costs, as
12approved by the Board, for any renovation or construction costs
13paid by the owners licensee for the construction of the new
14facility, provided that the new facility is operational by July
151, 2022. In determining whether or not to approve a relocation,
16the Board must consider the extent to which the relocation will
17diminish the gaming revenues received by other Illinois gaming
18facilities.
19    (a-7) Beginning in the initial adjustment year and through
20the final adjustment year, if the total obligation imposed
21pursuant to either subsection (a-5) or (a-6) will result in an
22owners licensee receiving less after-tax adjusted gross
23receipts than it received in calendar year 2018, then the total
24amount of privilege taxes that the owners licensee is required
25to pay for that calendar year shall be reduced to the extent
26necessary so that the after-tax adjusted gross receipts in that

 

 

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1calendar year equals the after-tax adjusted gross receipts in
2calendar year 2018, but the privilege tax reduction shall not
3exceed the annual adjustment cap. If pursuant to this
4subsection (a-7), the total obligation imposed pursuant to
5either subsection (a-5) or (a-6) shall be reduced, then the
6owners licensee shall not receive a refund from the State at
7the end of the subject calendar year but instead shall be able
8to apply that amount as a credit against any payments it owes
9to the State in the following calendar year to satisfy its
10total obligation under either subsection (a-5) or (a-6). The
11credit for the final adjustment year shall occur in the
12calendar year following the final adjustment year.
13    If an owners licensee that conducted gambling operations
14prior to January 1, 2019 expands its riverboat or casino,
15including, but not limited to, with respect to its gaming
16floor, additional non-gaming amenities such as restaurants,
17bars, and hotels and other additional facilities, and incurs
18construction and other costs related to such expansion from
19June 28, 2019 (the effective date of Public Act 101-31) this
20amendatory Act of the 101st General Assembly until June 28,
212024 (the 5th anniversary of the effective date of Public Act
22101-31) this amendatory Act of the 101st General Assembly, then
23for each $15,000,000 spent for any such construction or other
24costs related to expansion paid by the owners licensee, the
25final adjustment year shall be extended by one year and the
26annual adjustment cap shall increase by 0.2% of adjusted gross

 

 

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1receipts during each calendar year until and including the
2final adjustment year. No further modifications to the final
3adjustment year or annual adjustment cap shall be made after
4$75,000,000 is incurred in construction or other costs related
5to expansion so that the final adjustment year shall not extend
6beyond the 9th calendar year after the initial adjustment year,
7not including the initial adjustment year, and the annual
8adjustment cap shall not exceed 4% of adjusted gross receipts
9in a particular calendar year. Construction and other costs
10related to expansion shall include all project related costs,
11including, but not limited to, all hard and soft costs,
12financing costs, on or off-site ground, road or utility work,
13cost of gaming equipment and all other personal property,
14initial fees assessed for each incremental gaming position, and
15the cost of incremental land acquired for such expansion. Soft
16costs shall include, but not be limited to, legal fees,
17architect, engineering and design costs, other consultant
18costs, insurance cost, permitting costs, and pre-opening costs
19related to the expansion, including, but not limited to, any of
20the following: marketing, real estate taxes, personnel,
21training, travel and out-of-pocket expenses, supply,
22inventory, and other costs, and any other project related soft
23costs.
24    To be eligible for the tax credits in subsection (a-6), all
25construction contracts shall include a requirement that the
26contractor enter into a project labor agreement with the

 

 

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

 

 

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1    of Public Act 101-31); this amendatory Act of the 101st
2    General Assembly,
3provided the initial adjustment year shall not commence earlier
4than June 28, 2020 (12 months after the effective date of
5Public Act 101-31) this amendatory Act of the 101st General
6Assembly.
7    "Final adjustment year" means the 2nd calendar year after
8the initial adjustment year, not including the initial
9adjustment year, and as may be extended further as described in
10this subsection (a-7).
11    "Annual adjustment cap" means 3% of adjusted gross receipts
12in a particular calendar year, and as may be increased further
13as otherwise described in this subsection (a-7).
14    (a-8) Riverboat gambling operations conducted by a
15licensed manager on behalf of the State are not subject to the
16tax imposed under this Section.
17    (a-9) Beginning on January 1, 2020, the calculation of
18gross receipts or adjusted gross receipts, for the purposes of
19this Section, for a riverboat, a casino, or an organization
20gaming facility shall not include the dollar amount of
21non-cashable vouchers, coupons, and electronic promotions
22redeemed by wagerers upon the riverboat, in the casino, or in
23the organization gaming facility up to and including an amount
24not to exceed 20% of a riverboat's, a casino's, or an
25organization gaming facility's adjusted gross receipts.
26    The Illinois Gaming Board shall submit to the General

 

 

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1Assembly a comprehensive report no later than March 31, 2023
2detailing, at a minimum, the effect of removing non-cashable
3vouchers, coupons, and electronic promotions from this
4calculation on net gaming revenues to the State in calendar
5years 2020 through 2022, the increase or reduction in wagerers
6as a result of removing non-cashable vouchers, coupons, and
7electronic promotions from this calculation, the effect of the
8tax rates in subsection (a-5) on net gaming revenues to this
9State, and proposed modifications to the calculation.
10    (a-10) The taxes imposed by this Section shall be paid by
11the licensed owner or the organization gaming licensee to the
12Board not later than 5:00 o'clock p.m. of the day after the day
13when the wagers were made.
14    (a-15) If the privilege tax imposed under subsection (a-3)
15is no longer imposed pursuant to item (i) of the last paragraph
16of subsection (a-3), then by June 15 of each year, each owners
17licensee, other than an owners licensee that admitted 1,000,000
18persons or fewer in calendar year 2004, must, in addition to
19the payment of all amounts otherwise due under this Section,
20pay to the Board a reconciliation payment in the amount, if
21any, by which the licensed owner's base amount exceeds the
22amount of net privilege tax paid by the licensed owner to the
23Board in the then current State fiscal year. A licensed owner's
24net privilege tax obligation due for the balance of the State
25fiscal year shall be reduced up to the total of the amount paid
26by the licensed owner in its June 15 reconciliation payment.

 

 

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

 

 

10100SB0669sam001- 47 -LRB101 04431 SMS 64685 a

1    "Act of God" means an incident caused by the operation of
2an extraordinary force that cannot be foreseen, that cannot be
3avoided by the exercise of due care, and for which no person
4can be held liable.
5    "Base amount" means the following:
6        For a riverboat in Alton, $31,000,000.
7        For a riverboat in East Peoria, $43,000,000.
8        For the Empress riverboat in Joliet, $86,000,000.
9        For a riverboat in Metropolis, $45,000,000.
10        For the Harrah's riverboat in Joliet, $114,000,000.
11        For a riverboat in Aurora, $86,000,000.
12        For a riverboat in East St. Louis, $48,500,000.
13        For a riverboat in Elgin, $198,000,000.
14    "Dormant license" has the meaning ascribed to it in
15subsection (a-3).
16    "Net privilege tax" means all privilege taxes paid by a
17licensed owner to the Board under this Section, less all
18payments made from the State Gaming Fund pursuant to subsection
19(b) of this Section.
20    The changes made to this subsection (a-15) by Public Act
2194-839 are intended to restate and clarify the intent of Public
22Act 94-673 with respect to the amount of the payments required
23to be made under this subsection by an owners licensee to the
24Board.
25    (b) From the tax revenue from riverboat or casino gambling
26deposited in the State Gaming Fund under this Section, an

 

 

10100SB0669sam001- 48 -LRB101 04431 SMS 64685 a

1amount equal to 5% of adjusted gross receipts generated by a
2riverboat or a casino, other than a riverboat or casino
3designated in paragraph (1), (3), or (4) of subsection (e-5) of
4Section 7, shall be paid monthly, subject to appropriation by
5the General Assembly, to the unit of local government in which
6the casino is located or that is designated as the home dock of
7the riverboat. Notwithstanding anything to the contrary,
8beginning on the first day that an owners licensee under
9paragraph (1), (2), (3), (4), (5), or (6) of subsection (e-5)
10of Section 7 conducts gambling operations, either in a
11temporary facility or a permanent facility, and for 2 years
12thereafter, a unit of local government designated as the home
13dock of a riverboat whose license was issued before January 1,
142019, other than a riverboat conducting gambling operations in
15the City of East St. Louis, shall not receive less under this
16subsection (b) than the amount the unit of local government
17received under this subsection (b) in calendar year 2018.
18Notwithstanding anything to the contrary and because the City
19of East St. Louis is a financially distressed city, beginning
20on the first day that an owners licensee under paragraph (1),
21(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
22conducts gambling operations, either in a temporary facility or
23a permanent facility, and for 10 years thereafter, a unit of
24local government designated as the home dock of a riverboat
25conducting gambling operations in the City of East St. Louis
26shall not receive less under this subsection (b) than the

 

 

10100SB0669sam001- 49 -LRB101 04431 SMS 64685 a

1amount the unit of local government received under this
2subsection (b) in calendar year 2018.
3    From the tax revenue deposited in the State Gaming Fund
4pursuant to riverboat or casino gambling operations conducted
5by a licensed manager on behalf of the State, an amount equal
6to 5% of adjusted gross receipts generated pursuant to those
7riverboat or casino gambling operations shall be paid monthly,
8subject to appropriation by the General Assembly, to the unit
9of local government that is designated as the home dock of the
10riverboat upon which those riverboat gambling operations are
11conducted or in which the casino is located.
12    From the tax revenue from riverboat or casino gambling
13deposited in the State Gaming Fund under this Section, an
14amount equal to 5% of the adjusted gross receipts generated by
15a riverboat designated in paragraph (3) of subsection (e-5) of
16Section 7 shall be divided and remitted monthly, subject to
17appropriation, as follows: 70% to Waukegan, 10% to Park City,
1815% to North Chicago, and 5% to Lake County.
19    From the tax revenue from riverboat or casino gambling
20deposited in the State Gaming Fund under this Section, an
21amount equal to 5% of the adjusted gross receipts generated by
22a riverboat designated in paragraph (4) of subsection (e-5) of
23Section 7 shall be remitted monthly, subject to appropriation,
24as follows: 70% to the City of Rockford, 5% to the City of
25Loves Park, 5% to the Village of Machesney, and 20% to
26Winnebago County.

 

 

10100SB0669sam001- 50 -LRB101 04431 SMS 64685 a

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

 

 

10100SB0669sam001- 51 -LRB101 04431 SMS 64685 a

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

 

 

10100SB0669sam001- 52 -LRB101 04431 SMS 64685 a

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

 

 

10100SB0669sam001- 53 -LRB101 04431 SMS 64685 a

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

 

 

10100SB0669sam001- 54 -LRB101 04431 SMS 64685 a

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

 

 

10100SB0669sam001- 55 -LRB101 04431 SMS 64685 a

1video gaming, and sports wagering.
2    (c-2) An amount equal to an aggregate of 1% 2% of the
3adjusted gross receipts generated by an organization gaming
4facility located within a home rule county with a population of
5over 3,000,000 inhabitants shall be paid with 0.5% being paid,
6subject to appropriation from the General Assembly, from the
7State Gaming Fund and 0.5% being paid by the City of Chicago
8from amounts of annual adjusted gross receipts under this Act
9to the home rule county in which the organization gaming
10licensee is located for the purpose of enhancing the county's
11criminal justice system.
12    (c-3) Appropriations, as approved by the General Assembly,
13may be made from the tax revenue deposited into the State
14Gaming Fund from organization gaming licensees pursuant to this
15Section for the administration and enforcement of this Act.
16    (c-4) After payments required under subsections (b),
17(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
18the tax revenue from organization gaming licensees deposited
19into the State Gaming Fund under this Section, all remaining
20amounts from organization gaming licensees shall be
21transferred into the Capital Projects Fund.
22    (c-5) (Blank).
23    (c-10) Each year the General Assembly shall appropriate
24from the General Revenue Fund to the Education Assistance Fund
25an amount equal to the amount paid into the Horse Racing Equity
26Fund pursuant to subsection (c-5) in the prior calendar year.

 

 

10100SB0669sam001- 56 -LRB101 04431 SMS 64685 a

1    (c-15) After the payments required under subsections (b),
2(c), and (c-5) have been made, an amount equal to 2% of the
3adjusted gross receipts of (1) an owners licensee that
4relocates pursuant to Section 11.2, (2) an owners licensee
5conducting riverboat gambling operations pursuant to an owners
6license that is initially issued after June 25, 1999, or (3)
7the first riverboat gambling operations conducted by a licensed
8manager on behalf of the State under Section 7.3, whichever
9comes first, shall be paid, subject to appropriation from the
10General Assembly, from the State Gaming Fund to each home rule
11county with a population of over 3,000,000 inhabitants for the
12purpose of enhancing the county's criminal justice system.
13    (c-20) Each year the General Assembly shall appropriate
14from the General Revenue Fund to the Education Assistance Fund
15an amount equal to the amount paid to each home rule county
16with a population of over 3,000,000 inhabitants pursuant to
17subsection (c-15) in the prior calendar year.
18    (c-21) After the payments required under subsections (b),
19(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
20been made, an amount equal to 2% of the adjusted gross receipts
21generated by the owners licensee under paragraph (1) of
22subsection (e-5) of Section 7 shall be paid, subject to
23appropriation from the General Assembly, from the State Gaming
24Fund to the home rule county in which the owners licensee is
25located for the purpose of enhancing the county's criminal
26justice system.

 

 

10100SB0669sam001- 57 -LRB101 04431 SMS 64685 a

1    (c-22) After the payments required under subsections (b),
2(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
3(c-21) have been made, an amount equal to 2% of the adjusted
4gross receipts generated by the owners licensee under paragraph
5(5) of subsection (e-5) of Section 7 shall be paid, subject to
6appropriation from the General Assembly, from the State Gaming
7Fund to the home rule county in which the owners licensee is
8located for the purpose of enhancing the county's criminal
9justice system.
10    (c-25) From July 1, 2013 and each July 1 thereafter through
11July 1, 2019, $1,600,000 shall be transferred from the State
12Gaming Fund to the Chicago State University Education
13Improvement Fund.
14    On July 1, 2020 and each July 1 thereafter, $3,000,000
15shall be transferred from the State Gaming Fund to the Chicago
16State University Education Improvement Fund.
17    (c-30) On July 1, 2013 or as soon as possible thereafter,
18$92,000,000 shall be transferred from the State Gaming Fund to
19the School Infrastructure Fund and $23,000,000 shall be
20transferred from the State Gaming Fund to the Horse Racing
21Equity Fund.
22    (c-35) Beginning on July 1, 2013, in addition to any amount
23transferred under subsection (c-30) of this Section,
24$5,530,000 shall be transferred monthly from the State Gaming
25Fund to the School Infrastructure Fund.
26    (d) From time to time, the Board shall transfer the

 

 

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1remainder of the funds generated by this Act into the Education
2Assistance Fund, created by Public Act 86-0018, of the State of
3Illinois.
4    (e) Nothing in this Act shall prohibit the unit of local
5government designated as the home dock of the riverboat from
6entering into agreements with other units of local government
7in this State or in other states to share its portion of the
8tax revenue.
9    (f) To the extent practicable, the Board shall administer
10and collect the wagering taxes imposed by this Section in a
11manner consistent with the provisions of Sections 4, 5, 5a, 5b,
125c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
13Retailers' Occupation Tax Act and Section 3-7 of the Uniform
14Penalty and Interest Act.
15(Source: P.A. 101-31, Article 25, Section 25-910, eff. 6-28-19;
16101-31, Article 35, Section 35-55, eff. 6-28-19; revised
178-23-19.)
 
18    (230 ILCS 10/22)  (from Ch. 120, par. 2422)
19    Sec. 22. Criminal history record information. Whenever the
20Board is authorized or required by law to consider some aspect
21of criminal history record information for the purpose of
22carrying out its statutory powers and responsibilities, the
23Board shall, in the form and manner required by the Department
24of State Police and the Federal Bureau of Investigation, cause
25to be conducted a criminal history record investigation to

 

 

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1obtain any information currently or thereafter contained in the
2files of the Department of State Police or the Federal Bureau
3of Investigation, including, but not limited to, civil,
4criminal, and latent fingerprint databases. Each applicant for
5occupational licensing under Section 9 or key person as defined
6by the Board in administrative rules shall submit his or her
7fingerprints to the Department of State Police in the form and
8manner prescribed by the Department of State Police. These
9fingerprints shall be checked against the fingerprint records
10now and hereafter filed in the Department of State Police and
11Federal Bureau of Investigation criminal history records
12databases, including, but not limited to, civil, criminal, and
13latent fingerprint databases. The Department of State Police
14shall charge a fee for conducting the criminal history records
15check, which shall be deposited in the State Police Services
16Fund and shall not exceed the actual cost of the records check.
17The Department of State Police shall provide, on the Board's
18request, information concerning any criminal charges, and
19their disposition, currently or thereafter filed against any an
20applicant, key person, for or holder of any an occupational
21license or for determinations of suitability. Information
22obtained as a result of an investigation under this Section
23shall be used in determining eligibility for any an
24occupational license under Section 9. Upon request and payment
25of fees in conformance with the requirements of Section
262605-400 of the Department of State Police Law (20 ILCS

 

 

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12605/2605-400), the Department of State Police is authorized to
2furnish, pursuant to positive identification, such information
3contained in State files as is necessary to fulfill the
4request.
5(Source: P.A. 93-418, eff. 1-1-04.)
 
6    Section 10. The Sports Wagering Act is amended by changing
7Section 25-20 and by adding Section 25-107 as follows:
 
8    (230 ILCS 45/25-20)
9    Sec. 25-20. Licenses required.
10    (a) No person may engage in any activity in connection with
11sports wagering in this State unless all necessary licenses
12have been obtained in accordance with this Act and the rules of
13the Board and the Department. The following licenses shall be
14issued under this Act:
15        (1) master sports wagering license;
16        (2) occupational license;
17        (3) supplier license;
18        (4) management services provider license;
19        (5) tier 2 official league data provider license; and
20        (6) central system provider license.
21    No person or entity may engage in a sports wagering
22operation or activity without first obtaining the appropriate
23license.
24    (b) An applicant for a license issued under this Act shall

 

 

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1submit an application to the Board in the form the Board
2requires. The applicant shall submit fingerprints for a
3national criminal records check by the Department of State
4Police and the Federal Bureau of Investigation. The
5fingerprints shall be furnished by the applicant's owners,
6officers, and directors (if a corporation), managers and
7members (if a limited liability company), and partners (if a
8partnership). The fingerprints shall be accompanied by a signed
9authorization for the release of information by the Federal
10Bureau of Investigation. The Board may require additional
11background checks on licensees when they apply for license
12renewal, and an applicant convicted of a disqualifying offense
13shall not be licensed.
14    (c) Each master sports wagering licensee shall display the
15license conspicuously in the licensee's place of business or
16have the license available for inspection by an agent of the
17Board or a law enforcement agency.
18    (d) Each holder of an occupational license shall carry the
19license and have some indicia of licensure prominently
20displayed on his or her person when present in a gaming
21facility licensed under this Act at all times, in accordance
22with the rules of the Board.
23    (e) Each person licensed under this Act shall give the
24Board written notice within 30 days after a material change to
25information provided in the licensee's application for a
26license or renewal.

 

 

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1(Source: P.A. 101-31, eff. 6-28-19; revised 9-26-19.)
 
2    (230 ILCS 45/25-107 new)
3    Sec. 25-107. Applicability of the Illinois Gambling Act.
4The provisions of the Illinois Gambling Act, and all rules
5adopted thereunder, shall apply to the Sports Wagering Act,
6except where there is a conflict between the 2 Acts.
 
7    Section 99. Effective date. This Act takes effect June 1,
82020.".