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Rep. Thaddeus Jones
Filed: 11/14/2019
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1 | | AMENDMENT TO SENATE BILL 516
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2 | | AMENDMENT NO. ______. Amend Senate Bill 516, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Illinois Horse Racing Act of 1975 is |
6 | | amended by changing Section 19.5 as follows: |
7 | | (230 ILCS 5/19.5) |
8 | | Sec. 19.5. Standardbred racetrack in Cook County or Will |
9 | | County . Notwithstanding anything in this Act to the contrary, |
10 | | in addition to organization licenses issued by the Board on the |
11 | | effective date of this amendatory Act of the 101st General |
12 | | Assembly, the Board shall issue an organization license limited |
13 | | to standardbred racing to a racetrack located in one of the |
14 | | following townships or villages of Cook County or Will County : |
15 | | Bloom, Bremen, Calumet, Crete, Orland, Rich, Thornton, or |
16 | | Worth. This additional organization license shall not be issued |
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1 | | within a 35-mile radius of another organization license issued |
2 | | by the Board on the effective date of this amendatory Act of |
3 | | the 101st General Assembly, unless the person having operating |
4 | | control of such racetrack has given written consent to the |
5 | | organization licensee applicant, which consent must be filed |
6 | | with the Board at or prior to the time application is made. The |
7 | | organization license shall be granted upon application, and the |
8 | | licensee shall have all of the current and future rights of |
9 | | existing Illinois racetracks, including, but not limited to, |
10 | | the ability to obtain an inter-track wagering license, the |
11 | | ability to obtain inter-track wagering location licenses, the |
12 | | ability to obtain an organization gaming license pursuant to |
13 | | the Illinois Gambling Act with 1,200 gaming positions, and the |
14 | | ability to offer Internet wagering on horse racing.
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15 | | (Source: P.A. 101-31, eff. 6-28-19.) |
16 | | Section 10. The Illinois Gambling Act is amended by |
17 | | changing Sections 7 and 13 as follows:
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18 | | (230 ILCS 10/7) (from Ch. 120, par. 2407)
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19 | | Sec. 7. Owners licenses.
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20 | | (a) The Board shall issue owners licenses to persons or |
21 | | entities that apply for such licenses upon payment to the Board |
22 | | of the
non-refundable license fee as provided in subsection (e) |
23 | | or (e-5) and upon a determination by the Board that the
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24 | | applicant is eligible for an owners license pursuant to this |
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1 | | Act and the
rules of the Board. From the effective date of this |
2 | | amendatory Act of the 95th General Assembly until (i) 3 years |
3 | | after the effective date of this amendatory Act of the 95th |
4 | | General Assembly, (ii) the date any organization licensee |
5 | | begins to operate a slot machine or video game of chance under |
6 | | the Illinois Horse Racing Act of 1975 or this Act, (iii) the |
7 | | date that payments begin under subsection (c-5) of Section 13 |
8 | | of this the Act, (iv) the wagering tax imposed under Section 13 |
9 | | of this Act is increased by law to reflect a tax rate that is at |
10 | | least as stringent or more stringent than the tax rate |
11 | | contained in subsection (a-3) of Section 13, or (v) when an |
12 | | owners licensee holding a license issued pursuant to Section |
13 | | 7.1 of this Act begins conducting gaming, whichever occurs |
14 | | first, as a condition of licensure and as an alternative source |
15 | | of payment for those funds payable under subsection (c-5) of |
16 | | Section 13 of this Act, any owners licensee that holds or |
17 | | receives its owners license on or after the effective date of |
18 | | this amendatory Act of the 94th General Assembly, other than an |
19 | | owners licensee operating a riverboat with adjusted gross |
20 | | receipts in calendar year 2004 of less than $200,000,000, must |
21 | | pay into the Horse Racing Equity Trust Fund, in addition to any |
22 | | other payments required under this Act, an amount equal to 3% |
23 | | of the adjusted gross receipts received by the owners licensee. |
24 | | The payments required under this Section shall be made by the |
25 | | owners licensee to the State Treasurer no later than 3:00 |
26 | | o'clock p.m. of the day after the day when the adjusted gross |
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1 | | receipts were received by the owners licensee. A person or |
2 | | entity is ineligible to receive
an owners license if:
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3 | | (1) the person has been convicted of a felony under the |
4 | | laws of this
State, any other state, or the United States;
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5 | | (2) the person has been convicted of any violation of |
6 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
7 | | Code of 2012, or substantially similar laws of any other |
8 | | jurisdiction;
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9 | | (3) the person has submitted an application for a |
10 | | license under this
Act which contains false information;
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11 | | (4) the person is
a member of the Board;
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12 | | (5) a person defined in (1), (2), (3) , or (4) is an |
13 | | officer, director , or
managerial employee of the entity;
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14 | | (6) the entity employs a person defined in (1), (2), |
15 | | (3) , or
(4) who participates in the management or operation |
16 | | of gambling operations
authorized under this Act;
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17 | | (7) (blank); or
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18 | | (8) a license of the person or entity issued under
this |
19 | | Act, or a license to own or operate gambling facilities
in |
20 | | any other jurisdiction, has been revoked.
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21 | | The Board is expressly prohibited from making changes to |
22 | | the requirement that licensees make payment into the Horse |
23 | | Racing Equity Trust Fund without the express authority of the |
24 | | Illinois General Assembly and making any other rule to |
25 | | implement or interpret this amendatory Act of the 95th General |
26 | | Assembly. For the purposes of this paragraph, "rules" is given |
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1 | | the meaning given to that term in Section 1-70 of the Illinois |
2 | | Administrative Procedure Act. |
3 | | (b) In determining whether to grant an owners license to an |
4 | | applicant, the
Board shall consider:
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5 | | (1) the character, reputation, experience , and |
6 | | financial integrity of the
applicants and of any other or |
7 | | separate person that either:
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8 | | (A) controls, directly or indirectly, such |
9 | | applicant, or
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10 | | (B) is controlled, directly or indirectly, by such |
11 | | applicant or by a
person which controls, directly or |
12 | | indirectly, such applicant;
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13 | | (2) the facilities or proposed facilities for the |
14 | | conduct of
gambling;
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15 | | (3) the highest prospective total revenue to be derived |
16 | | by the State
from the conduct of gambling;
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17 | | (4) the extent to which the ownership of the applicant |
18 | | reflects the
diversity of the State by including minority |
19 | | persons, women, and persons with a disability
and the good |
20 | | faith affirmative action plan of
each applicant to recruit, |
21 | | train and upgrade minority persons, women, and persons with |
22 | | a disability in all employment classifications; the Board |
23 | | shall further consider granting an owners license and |
24 | | giving preference to an applicant under this Section to |
25 | | applicants in which minority persons and women hold |
26 | | ownership interest of at least 16% and 4%, respectively.
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1 | | (4.5) the extent to which the ownership of the |
2 | | applicant includes veterans of service in the armed forces |
3 | | of the United States, and the good faith affirmative action |
4 | | plan of each applicant to recruit, train, and upgrade |
5 | | veterans of service in the armed forces of the United |
6 | | States in all employment classifications; |
7 | | (5) the financial ability of the applicant to purchase |
8 | | and maintain
adequate liability and casualty insurance;
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9 | | (6) whether the applicant has adequate capitalization |
10 | | to provide and
maintain, for the duration of a license, a |
11 | | riverboat or casino;
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12 | | (7) the extent to which the applicant exceeds or meets |
13 | | other standards
for the issuance of an owners license which |
14 | | the Board may adopt by rule;
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15 | | (8) the amount of the applicant's license bid;
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16 | | (9) the extent to which the applicant or the proposed |
17 | | host municipality plans to enter into revenue sharing |
18 | | agreements with communities other than the host |
19 | | municipality; and |
20 | | (10) the extent to which the ownership of an applicant |
21 | | includes the most qualified number of minority persons, |
22 | | women, and persons with a disability. |
23 | | (c) Each owners license shall specify the place where the |
24 | | casino shall
operate or the riverboat shall operate and dock.
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25 | | (d) Each applicant shall submit with his or her |
26 | | application, on forms
provided by the Board, 2 sets of his or |
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1 | | her fingerprints.
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2 | | (e) In addition to any licenses authorized under subsection |
3 | | (e-5) of this Section, the Board may issue up to 10 licenses |
4 | | authorizing the holders of such
licenses to own riverboats. In |
5 | | the application for an owners license, the
applicant shall |
6 | | state the dock at which the riverboat is based and the water
on |
7 | | which the riverboat will be located. The Board shall issue 5 |
8 | | licenses to
become effective not earlier than January 1, 1991. |
9 | | Three of such licenses
shall authorize riverboat gambling on |
10 | | the Mississippi River, or, with approval
by the municipality in |
11 | | which the
riverboat was docked on August 7, 2003 and with Board |
12 | | approval, be authorized to relocate to a new location,
in a
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13 | | municipality that (1) borders on the Mississippi River or is |
14 | | within 5
miles of the city limits of a municipality that |
15 | | borders on the Mississippi
River and (2) , on August 7, 2003, |
16 | | had a riverboat conducting riverboat gambling operations |
17 | | pursuant to
a license issued under this Act; one of which shall |
18 | | authorize riverboat
gambling from a home dock in the city of |
19 | | East St. Louis; and one of which shall authorize riverboat
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20 | | gambling from a home dock in the City of Alton. One other |
21 | | license
shall
authorize riverboat gambling on
the Illinois |
22 | | River in the City of East Peoria or, with Board approval, shall |
23 | | authorize land-based gambling operations anywhere within the |
24 | | corporate limits of the City of Peoria. The Board shall issue |
25 | | one
additional license to become effective not earlier than |
26 | | March 1, 1992, which
shall authorize riverboat gambling on the |
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1 | | Des Plaines River in Will County.
The Board may issue 4 |
2 | | additional licenses to become effective not
earlier than
March |
3 | | 1, 1992. In determining the water upon which riverboats will |
4 | | operate,
the Board shall consider the economic benefit which |
5 | | riverboat gambling confers
on the State, and shall seek to |
6 | | assure that all regions of the State share
in the economic |
7 | | benefits of riverboat gambling.
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8 | | In granting all licenses, the Board may give favorable |
9 | | consideration to
economically depressed areas of the State, to |
10 | | applicants presenting plans
which provide for significant |
11 | | economic development over a large geographic
area, and to |
12 | | applicants who currently operate non-gambling riverboats in
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13 | | Illinois.
The Board shall review all applications for owners |
14 | | licenses,
and shall inform each applicant of the Board's |
15 | | decision.
The Board may grant an owners license to an
applicant |
16 | | that has not submitted the highest license bid, but if it does |
17 | | not
select the highest bidder, the Board shall issue a written |
18 | | decision explaining
why another
applicant was selected and |
19 | | identifying the factors set forth in this Section
that favored |
20 | | the winning bidder. The fee for issuance or renewal of a |
21 | | license pursuant to this subsection (e) shall be $250,000.
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22 | | (e-5) In addition to licenses authorized under subsection |
23 | | (e) of this Section: |
24 | | (1) the Board may issue one owners license authorizing |
25 | | the conduct of casino gambling in the City of Chicago; |
26 | | (2) the Board may issue one owners license authorizing |
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1 | | the conduct of riverboat gambling in the City of Danville; |
2 | | (3) the Board may issue one owners license authorizing |
3 | | the conduct of riverboat gambling located in the City of |
4 | | Waukegan; |
5 | | (4) the Board may issue one owners license authorizing |
6 | | the conduct of riverboat gambling in the City of Rockford; |
7 | | (5) the Board may issue one owners license authorizing |
8 | | the conduct of riverboat gambling in a municipality that is |
9 | | wholly or partially located in one of the following |
10 | | townships or villages of Cook County or Will County : Bloom, |
11 | | Bremen, Calumet, Crete, Rich, Thornton, or Worth Township; |
12 | | and |
13 | | (6) the Board may issue one owners license authorizing |
14 | | the conduct of riverboat gambling in the unincorporated |
15 | | area of Williamson County adjacent to the Big Muddy River. |
16 | | Except for the license authorized under paragraph (1), each |
17 | | application for a license pursuant to this subsection (e-5) |
18 | | shall be submitted to the Board no later than 120 days after |
19 | | June 28, 2019 ( the effective date of Public Act 101-31) this |
20 | | amendatory Act of the 101st General Assembly . All applications |
21 | | for a license under this subsection (e-5) shall include the |
22 | | nonrefundable application fee and the nonrefundable background |
23 | | investigation fee as provided in subsection (d) of Section 6 of |
24 | | this Act. In the event that an applicant submits an application |
25 | | for a license pursuant to this subsection (e-5) prior to June |
26 | | 28, 2019 ( the effective date of Public Act 101-31) this |
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1 | | amendatory Act of the 101st General Assembly , such applicant |
2 | | shall submit the nonrefundable application fee and background |
3 | | investigation fee as provided in subsection (d) of Section 6 of |
4 | | this Act no later than 6 months after June 28, 2019 ( the |
5 | | effective date of Public Act 101-31) this amendatory Act of the |
6 | | 101st General Assembly . |
7 | | The Board shall consider issuing a license pursuant to |
8 | | paragraphs (1) through (6) of this subsection only after the |
9 | | corporate authority of the municipality or the county board of |
10 | | the county in which the riverboat or casino shall be located |
11 | | has certified to the Board the following: |
12 | | (i) that the applicant has negotiated with the |
13 | | corporate authority or county board in good faith; |
14 | | (ii) that the applicant and the corporate authority or |
15 | | county board have mutually agreed on the permanent location |
16 | | of the riverboat or casino; |
17 | | (iii) that the applicant and the corporate authority or |
18 | | county board have mutually agreed on the temporary location |
19 | | of the riverboat or casino; |
20 | | (iv) that the applicant and the corporate authority or |
21 | | the county board have mutually agreed on the percentage of |
22 | | revenues that will be shared with the municipality or |
23 | | county, if any; |
24 | | (v) that the applicant and the corporate authority or |
25 | | county board have mutually agreed on any zoning, licensing, |
26 | | public health, or other issues that are within the |
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1 | | jurisdiction of the municipality or county; and |
2 | | (vi) that the corporate authority or county board has |
3 | | passed a resolution or ordinance in support of the |
4 | | riverboat or casino in the municipality or county. |
5 | | At least 7 days before the corporate authority of a |
6 | | municipality or county board of the county submits a |
7 | | certification to the Board concerning items (i) through (vi) of |
8 | | this subsection, it shall hold a public hearing to discuss |
9 | | items (i) through (vi), as well as any other details concerning |
10 | | the proposed riverboat or casino in the municipality or county. |
11 | | The corporate authority or county board must subsequently |
12 | | memorialize the details concerning the proposed riverboat or |
13 | | casino in a resolution that must be adopted by a majority of |
14 | | the corporate authority or county board before any |
15 | | certification is sent to the Board. The Board shall not alter, |
16 | | amend, change, or otherwise interfere with any agreement |
17 | | between the applicant and the corporate authority of the |
18 | | municipality or county board of the county regarding the |
19 | | location of any temporary or permanent facility. |
20 | | In addition, within 10 days after June 28, 2019 ( the |
21 | | effective date of Public Act 101-31) this amendatory Act of the |
22 | | 101st General Assembly , the Board, with consent and at the |
23 | | expense of the City of Chicago, shall select and retain the |
24 | | services of a nationally recognized casino gaming feasibility |
25 | | consultant. Within 45 days after June 28, 2019 ( the effective |
26 | | date of Public Act 101-31) this amendatory Act of the 101st |
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1 | | General Assembly , the consultant shall prepare and deliver to |
2 | | the Board a study concerning the feasibility of, and the |
3 | | ability to finance, a casino in the City of Chicago. The |
4 | | feasibility study shall be delivered to the Mayor of the City |
5 | | of Chicago, the Governor, the President of the Senate, and the |
6 | | Speaker of the House of Representatives. Ninety days after |
7 | | receipt of the feasibility study, the Board shall make a |
8 | | determination, based on the results of the feasibility study, |
9 | | whether to recommend to the General Assembly that the terms of |
10 | | the license under paragraph (1) of this subsection (e-5) should |
11 | | be modified. The Board may begin accepting applications for the |
12 | | owners license under paragraph (1) of this subsection (e-5) |
13 | | upon the determination to issue such an owners license. |
14 | | In addition, prior to the Board issuing the owners license |
15 | | authorized under paragraph (4) of subsection (e-5), an impact |
16 | | study shall be completed to determine what location in the city |
17 | | will provide the greater impact to the region, including the |
18 | | creation of jobs and the generation of tax revenue. |
19 | | (e-10) The licenses authorized under subsection (e-5) of |
20 | | this Section shall be issued within 12 months after the date |
21 | | the license application is submitted. If the Board does not |
22 | | issue the licenses within that time period, then the Board |
23 | | shall give a written explanation to the applicant as to why it |
24 | | has not reached a determination and when it reasonably expects |
25 | | to make a determination. The fee for the issuance or renewal of |
26 | | a license issued pursuant to this subsection (e-10) shall be |
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1 | | $250,000. Additionally, a licensee located outside of Cook |
2 | | County shall pay a minimum initial fee of $17,500 per gaming |
3 | | position, and a licensee located in Cook County shall pay a |
4 | | minimum initial fee of $30,000 per gaming position. The initial |
5 | | fees payable under this subsection (e-10) shall be deposited |
6 | | into the Rebuild Illinois Projects Fund. |
7 | | (e-15) Each licensee of a license authorized under |
8 | | subsection (e-5) of this Section shall make a reconciliation |
9 | | payment 3 years after the date the licensee begins operating in |
10 | | an amount equal to 75% of the adjusted gross receipts for the |
11 | | most lucrative 12-month period of operations, minus an amount |
12 | | equal to the initial payment per gaming position paid by the |
13 | | specific licensee. Each licensee shall pay a $15,000,000 |
14 | | reconciliation fee upon issuance of an owners license. If this |
15 | | calculation results in a negative amount, then the licensee is |
16 | | not entitled to any
reimbursement of fees previously paid. This |
17 | | reconciliation payment may be made in installments over a |
18 | | period of no more than 2 years, subject to Board approval. Any |
19 | | installment payments shall include an annual market interest |
20 | | rate as determined by the Board. All payments by licensees |
21 | | under this subsection (e-15) shall be deposited into the |
22 | | Rebuild Illinois Projects Fund. |
23 | | (e-20) In addition to any other revocation powers granted |
24 | | to the Board under this
Act,
the Board may revoke the owners |
25 | | license of a licensee which fails
to begin conducting gambling |
26 | | within 15 months
of receipt of the
Board's approval of the |
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1 | | application if the Board determines that license
revocation is |
2 | | in the best interests of the State.
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3 | | (f) The first 10 owners licenses issued under this Act |
4 | | shall permit the
holder to own up to 2 riverboats and equipment |
5 | | thereon
for a period of 3 years after the effective date of the |
6 | | license. Holders of
the first 10 owners licenses must pay the |
7 | | annual license fee for each of
the 3
years during which they |
8 | | are authorized to own riverboats.
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9 | | (g) Upon the termination, expiration, or revocation of each |
10 | | of the first
10 licenses, which shall be issued for a 3-year 3 |
11 | | year period, all licenses are
renewable annually upon payment |
12 | | of the fee and a determination by the Board
that the licensee |
13 | | continues to meet all of the requirements of this Act and the
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14 | | Board's rules.
However, for licenses renewed on or after May 1, |
15 | | 1998, renewal shall be
for a period of 4 years, unless the |
16 | | Board sets a shorter period.
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17 | | (h) An owners license, except for an owners license issued |
18 | | under subsection (e-5) of this Section, shall entitle the |
19 | | licensee to own up to 2
riverboats. |
20 | | An owners licensee of a casino or riverboat that is located |
21 | | in the City of Chicago pursuant to paragraph (1) of subsection |
22 | | (e-5) of this Section shall limit the number of gaming |
23 | | positions to 4,000 for such owner. An owners licensee |
24 | | authorized under subsection (e) or paragraph (2), (3), (4), or |
25 | | (5) of subsection (e-5) of this Section shall limit the number |
26 | | of gaming positions to 2,000 for any such owners license. An |
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1 | | owners licensee authorized under paragraph (6) of subsection |
2 | | (e-5) of this Section shall limit the number of gaming |
3 | | positions to
1,200 for such owner. The initial fee for each |
4 | | gaming position obtained on or after June 28, 2019 ( the |
5 | | effective date of Public Act 101-31) this amendatory Act of the |
6 | | 101st General Assembly shall be a minimum of $17,500 for |
7 | | licensees not located in Cook County and a minimum of $30,000 |
8 | | for licensees located in Cook County, in addition to the |
9 | | reconciliation payment, as set forth in subsection (e-15) of |
10 | | this Section. The fees under this subsection (h) shall be |
11 | | deposited into the Rebuild Illinois Projects Fund. The fees |
12 | | under this subsection (h) that are paid by an owners licensee |
13 | | authorized under subsection (e) shall be paid by July 1, 2020. |
14 | | Each owners licensee under subsection (e) of this Section |
15 | | shall reserve its gaming positions within 30 days after June |
16 | | 28, 2019 ( the effective date of Public Act 101-31) this |
17 | | amendatory Act of the 101st General Assembly . The Board may |
18 | | grant an extension to this 30-day period, provided that the |
19 | | owners licensee submits a written request and explanation as to |
20 | | why it is unable to reserve its positions within the 30-day |
21 | | period. |
22 | | Each owners licensee under subsection (e-5) of this Section |
23 | | shall reserve its gaming positions within 30 days after |
24 | | issuance of its owners license. The Board may grant an |
25 | | extension to this 30-day period, provided that the owners |
26 | | licensee submits a written request and explanation as to why it |
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1 | | is unable to reserve its positions within the 30-day period. |
2 | | A licensee may operate both of its riverboats concurrently, |
3 | | provided that the
total number of gaming positions on both |
4 | | riverboats does not exceed the limit established pursuant to |
5 | | this subsection. Riverboats licensed to operate on the
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6 | | Mississippi River and the Illinois River south of Marshall |
7 | | County shall
have an authorized capacity of at least 500 |
8 | | persons. Any other riverboat
licensed under this Act shall have |
9 | | an authorized capacity of at least 400
persons.
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10 | | (h-5) An owners licensee who conducted gambling operations |
11 | | prior to January 1, 2012 and obtains positions pursuant to |
12 | | Public Act 101-31 this amendatory Act of the 101st General |
13 | | Assembly shall make a reconciliation payment 3 years after any |
14 | | additional gaming positions begin operating in an amount equal |
15 | | to 75% of the owners licensee's average gross receipts for the |
16 | | most lucrative 12-month period of operations minus an amount |
17 | | equal to the initial fee that the owners licensee paid per |
18 | | additional gaming position. For purposes of this subsection |
19 | | (h-5), "average gross receipts" means (i) the increase in |
20 | | adjusted gross receipts for the most lucrative 12-month period |
21 | | of operations over the adjusted gross receipts for 2019, |
22 | | multiplied by (ii) the percentage derived by dividing the |
23 | | number of additional gaming positions that an owners licensee |
24 | | had obtained by the total number of gaming positions operated |
25 | | by the owners licensee. If this calculation results in a |
26 | | negative amount, then the owners licensee is not entitled to |
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1 | | any reimbursement of fees previously paid. This reconciliation |
2 | | payment may be made in installments over a period of no more |
3 | | than 2 years, subject to Board approval. Any installment |
4 | | payments shall include an annual market interest rate as |
5 | | determined by the Board. These reconciliation payments shall be |
6 | | deposited into the Rebuild Illinois Projects Fund. |
7 | | (i) A licensed owner is authorized to apply to the Board |
8 | | for and, if
approved therefor, to receive all licenses from the |
9 | | Board necessary for the
operation of a riverboat or casino, |
10 | | including a liquor license, a license
to prepare and serve food |
11 | | for human consumption, and other necessary
licenses. All use, |
12 | | occupation , and excise taxes which apply to the sale of
food |
13 | | and beverages in this State and all taxes imposed on the sale |
14 | | or use
of tangible personal property apply to such sales aboard |
15 | | the riverboat or in the casino.
|
16 | | (j) The Board may issue or re-issue a license authorizing a |
17 | | riverboat to
dock
in a municipality or approve a relocation |
18 | | under Section 11.2 only if, prior
to the issuance or |
19 | | re-issuance of
the license or approval, the governing body of |
20 | | the municipality in which
the riverboat will dock has by a |
21 | | majority vote approved the docking of
riverboats in the |
22 | | municipality. The Board may issue or re-issue a license
|
23 | | authorizing a
riverboat to dock in areas of a county outside |
24 | | any municipality or approve a
relocation under Section 11.2 |
25 | | only if, prior to the issuance or re-issuance
of the license
or |
26 | | approval, the
governing body of the county has by a majority |
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1 | | vote approved of the docking of
riverboats within such areas.
|
2 | | (k) An owners licensee may conduct land-based gambling |
3 | | operations upon approval by the Board and payment of a fee of |
4 | | $250,000, which shall be deposited into the State Gaming Fund. |
5 | | (l) An owners licensee may conduct gaming at a temporary |
6 | | facility pending the construction of a permanent facility or |
7 | | the remodeling or relocation of an existing facility to |
8 | | accommodate gaming participants for up to 24 months after the |
9 | | temporary facility begins to conduct gaming. Upon request by an |
10 | | owners licensee and upon a showing of good cause by the owners |
11 | | licensee, the Board shall extend the period during which the |
12 | | licensee may conduct gaming at a temporary facility by up to 12 |
13 | | months. The Board shall make rules concerning the conduct of |
14 | | gaming from temporary facilities. |
15 | | (Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18; |
16 | | 101-31, eff. 6-28-19; revised 9-20-19.)
|
17 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
18 | | Sec. 13. Wagering tax; rate; distribution.
|
19 | | (a) Until January 1, 1998, a tax is imposed on the adjusted |
20 | | gross
receipts received from gambling games authorized under |
21 | | this Act at the rate of
20%.
|
22 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege |
23 | | tax is
imposed on persons engaged in the business of conducting |
24 | | riverboat gambling
operations, based on the adjusted gross |
25 | | receipts received by a licensed owner
from gambling games |
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1 | | authorized under this Act at the following rates:
|
2 | | 15% of annual adjusted gross receipts up to and |
3 | | including $25,000,000;
|
4 | | 20% of annual adjusted gross receipts in excess of |
5 | | $25,000,000 but not
exceeding $50,000,000;
|
6 | | 25% of annual adjusted gross receipts in excess of |
7 | | $50,000,000 but not
exceeding $75,000,000;
|
8 | | 30% of annual adjusted gross receipts in excess of |
9 | | $75,000,000 but not
exceeding $100,000,000;
|
10 | | 35% of annual adjusted gross receipts in excess of |
11 | | $100,000,000.
|
12 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
13 | | is imposed on
persons engaged in the business of conducting |
14 | | riverboat gambling operations,
other than licensed managers |
15 | | conducting riverboat gambling operations on behalf
of the |
16 | | State, based on the adjusted gross receipts received by a |
17 | | licensed
owner from gambling games authorized under this Act at |
18 | | 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;
|
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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 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
8 | | persons engaged
in the business of conducting riverboat |
9 | | gambling operations, other than
licensed managers conducting |
10 | | riverboat gambling operations on behalf of the
State, based on |
11 | | the adjusted gross receipts received by a licensed owner from
|
12 | | gambling games authorized under this Act at the following |
13 | | rates:
|
14 | | 15% of annual adjusted gross receipts up to and |
15 | | including $25,000,000;
|
16 | | 27.5% of annual adjusted gross receipts in excess of |
17 | | $25,000,000 but not
exceeding $37,500,000;
|
18 | | 32.5% of annual adjusted gross receipts in excess of |
19 | | $37,500,000 but not
exceeding $50,000,000;
|
20 | | 37.5% of annual adjusted gross receipts in excess of |
21 | | $50,000,000 but not
exceeding $75,000,000;
|
22 | | 45% of annual adjusted gross receipts in excess of |
23 | | $75,000,000 but not
exceeding $100,000,000;
|
24 | | 50% of annual adjusted gross receipts in excess of |
25 | | $100,000,000 but not
exceeding $250,000,000;
|
26 | | 70% of annual adjusted gross receipts in excess of |
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1 | | $250,000,000.
|
2 | | An amount equal to the amount of wagering taxes collected |
3 | | under this
subsection (a-3) that are in addition to the amount |
4 | | of wagering taxes that
would have been collected if the |
5 | | wagering tax rates under subsection (a-2)
were in effect shall |
6 | | be paid into the Common School Fund.
|
7 | | The privilege tax imposed under this subsection (a-3) shall |
8 | | no longer be
imposed beginning on the earlier of (i) July 1, |
9 | | 2005; (ii) the first date
after June 20, 2003 that riverboat |
10 | | gambling operations are conducted
pursuant to a dormant |
11 | | license; or (iii) the first day that riverboat gambling
|
12 | | operations are conducted under the authority of an owners |
13 | | license that is in
addition to the 10 owners licenses initially |
14 | | authorized under this Act.
For the purposes of this subsection |
15 | | (a-3), the term "dormant license"
means an owners license that |
16 | | is authorized by this Act under which no
riverboat gambling |
17 | | operations are being conducted on June 20, 2003.
|
18 | | (a-4) Beginning on the first day on which the tax imposed |
19 | | under
subsection (a-3) is no longer imposed and ending upon the |
20 | | imposition of the privilege tax under subsection (a-5) of this |
21 | | Section, a privilege tax is imposed on persons
engaged in the |
22 | | business of conducting gambling operations, other
than |
23 | | licensed managers conducting riverboat gambling operations on |
24 | | behalf of
the State, based on the adjusted gross receipts |
25 | | received by a licensed owner
from gambling games authorized |
26 | | under this Act at the following rates:
|
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1 | | 15% of annual adjusted gross receipts up to and |
2 | | including $25,000,000;
|
3 | | 22.5% of annual adjusted gross receipts in excess of |
4 | | $25,000,000 but not
exceeding $50,000,000;
|
5 | | 27.5% of annual adjusted gross receipts in excess of |
6 | | $50,000,000 but not
exceeding $75,000,000;
|
7 | | 32.5% of annual adjusted gross receipts in excess of |
8 | | $75,000,000 but not
exceeding $100,000,000;
|
9 | | 37.5% of annual adjusted gross receipts in excess of |
10 | | $100,000,000 but not
exceeding $150,000,000;
|
11 | | 45% of annual adjusted gross receipts in excess of |
12 | | $150,000,000 but not
exceeding $200,000,000;
|
13 | | 50% of annual adjusted gross receipts in excess of |
14 | | $200,000,000.
|
15 | | For the imposition of the privilege tax in this subsection |
16 | | (a-4), amounts paid pursuant to item (1) of subsection (b) of |
17 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
18 | | be included in the determination of adjusted gross receipts. |
19 | | (a-5) Beginning on the first day that an owners licensee |
20 | | under paragraph (1), (2), (3), (4), (5), or (6) of subsection |
21 | | (e-5) of Section 7 conducts gambling operations, either in a |
22 | | temporary facility or a permanent facility, a privilege tax is |
23 | | imposed on persons engaged in the business of conducting |
24 | | gambling operations, other than licensed managers conducting |
25 | | riverboat gambling operations on behalf of the State, based on |
26 | | the adjusted gross receipts received by such licensee from the |
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1 | | gambling games authorized under this Act. The privilege tax for |
2 | | all gambling games other than table games, including, but not |
3 | | limited to, slot machines, video game of chance gambling, and |
4 | | electronic gambling games shall be at the following rates: |
5 | | 15% of annual adjusted gross receipts up to and |
6 | | including $25,000,000; |
7 | | 22.5% of annual adjusted gross receipts in excess of |
8 | | $25,000,000 but not exceeding $50,000,000; |
9 | | 27.5% of annual adjusted gross receipts in excess of |
10 | | $50,000,000 but not exceeding $75,000,000; |
11 | | 32.5% of annual adjusted gross receipts in excess of |
12 | | $75,000,000 but not exceeding $100,000,000; |
13 | | 37.5% of annual adjusted gross receipts in excess of |
14 | | $100,000,000 but not exceeding $150,000,000; |
15 | | 45% of annual adjusted gross receipts in excess of |
16 | | $150,000,000 but not exceeding $200,000,000; |
17 | | 50% of annual adjusted gross receipts in excess of |
18 | | $200,000,000. |
19 | | The privilege tax for table games shall be at the following |
20 | | rates: |
21 | | 15% of annual adjusted gross receipts up to and |
22 | | including $25,000,000; |
23 | | 20% of annual adjusted gross receipts in excess of |
24 | | $25,000,000. |
25 | | For the imposition of the privilege tax in this subsection |
26 | | (a-5), amounts paid pursuant to item (1) of subsection (b) of |
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1 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
2 | | be included in the determination of adjusted gross receipts. |
3 | | Notwithstanding the provisions of this subsection (a-5), |
4 | | for the first 10 years that the privilege tax is imposed under |
5 | | this subsection (a-5), the privilege tax shall be imposed on |
6 | | the modified annual adjusted gross receipts of a riverboat or |
7 | | casino conducting gambling operations in the City of East St. |
8 | | Louis, unless: |
9 | | (1) the riverboat or casino fails to employ at least |
10 | | 450 people; |
11 | | (2) the riverboat or casino fails to maintain |
12 | | operations in a manner consistent with this Act or is not a |
13 | | viable riverboat or casino subject to the approval of the |
14 | | Board; or |
15 | | (3) the owners licensee is not an entity in which |
16 | | employees participate in an employee stock ownership plan. |
17 | | As used in this subsection (a-5), "modified annual adjusted |
18 | | gross receipts" means: |
19 | | (A) for calendar year 2020, the annual adjusted gross |
20 | | receipts for the current year minus the difference between |
21 | | an amount equal to the average annual adjusted gross |
22 | | receipts from a riverboat or casino conducting gambling |
23 | | operations in the City of East St. Louis for 2014, 2015, |
24 | | 2016, 2017, and 2018 and the annual adjusted gross receipts |
25 | | for 2018; |
26 | | (B) for calendar year 2021, the annual adjusted gross |
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1 | | receipts for the current year minus the difference between |
2 | | an amount equal to the average annual adjusted gross |
3 | | receipts from a riverboat or casino conducting gambling |
4 | | operations in the City of East St. Louis for 2014, 2015, |
5 | | 2016, 2017, and 2018 and the annual adjusted gross receipts |
6 | | for 2019; and |
7 | | (C) for calendar years 2022 through 2029, the annual |
8 | | adjusted gross receipts for the current year minus the |
9 | | difference between an amount equal to the average annual |
10 | | adjusted gross receipts from a riverboat or casino |
11 | | conducting gambling operations in the City of East St. |
12 | | Louis for 3 years preceding the current year and the annual |
13 | | adjusted gross receipts for the immediately preceding |
14 | | year. |
15 | | (a-5.5) In addition to the privilege tax imposed under |
16 | | subsection (a-5), a privilege tax is imposed on the owners |
17 | | licensee under paragraph (1) of subsection (e-5) of Section 7 |
18 | | at the rate of one-third of the owners licensee's adjusted |
19 | | gross receipts. |
20 | | For the imposition of the privilege tax in this subsection |
21 | | (a-5.5), amounts paid pursuant to item (1) of subsection (b) of |
22 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
23 | | be included in the determination of adjusted gross receipts. |
24 | | (a-6) From June 28, 2019 ( the effective date of Public Act |
25 | | 101-31) this amendatory Act of the 101st General Assembly until |
26 | | June 30, 2023, an owners licensee that conducted gambling |
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1 | | operations prior to January 1, 2011 shall receive a |
2 | | dollar-for-dollar credit against the tax imposed under this |
3 | | Section for any renovation or construction costs paid by the |
4 | | owners licensee, but in no event shall the credit exceed |
5 | | $2,000,000. |
6 | | Additionally, from June 28, 2019 ( the effective date of |
7 | | Public Act 101-31) this amendatory Act of the 101st General |
8 | | Assembly until December 31, 2022, an owners licensee that (i) |
9 | | is located within 15 miles of the Missouri border, and (ii) has |
10 | | at least 3 riverboats, casinos, or their equivalent within a |
11 | | 45-mile radius, may be authorized to relocate to a new location |
12 | | with the approval of both the unit of local government |
13 | | designated as the home dock and the Board, so long as the new |
14 | | location is within the same unit of local government and no |
15 | | more than 3 miles away from its original location. Such owners |
16 | | licensee shall receive a credit against the tax imposed under |
17 | | this Section equal to 8% of the total project costs, as |
18 | | approved by the Board, for any renovation or construction costs |
19 | | paid by the owners licensee for the construction of the new |
20 | | facility, provided that the new facility is operational by July |
21 | | 1, 2022. In determining whether or not to approve a relocation, |
22 | | the Board must consider the extent to which the relocation will |
23 | | diminish the gaming revenues received by other Illinois gaming |
24 | | facilities. |
25 | | (a-7) Beginning in the initial adjustment year and through |
26 | | the final adjustment year, if the total obligation imposed |
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1 | | pursuant to either subsection (a-5) or (a-6) will result in an |
2 | | owners licensee receiving less after-tax adjusted gross |
3 | | receipts than it received in calendar year 2018, then the total |
4 | | amount of privilege taxes that the owners licensee is required |
5 | | to pay for that calendar year shall be reduced to the extent |
6 | | necessary so that the after-tax adjusted gross receipts in that |
7 | | calendar year equals the after-tax adjusted gross receipts in |
8 | | calendar year 2018, but the privilege tax reduction shall not |
9 | | exceed the annual adjustment cap. If pursuant to this |
10 | | subsection (a-7), the total obligation imposed pursuant to |
11 | | either subsection (a-5) or (a-6) shall be reduced, then the |
12 | | owners licensee shall not receive a refund from the State at |
13 | | the end of the subject calendar year but instead shall be able |
14 | | to apply that amount as a credit against any payments it owes |
15 | | to the State in the following calendar year to satisfy its |
16 | | total obligation under either subsection (a-5) or (a-6). The |
17 | | credit for the final adjustment year shall occur in the |
18 | | calendar year following the final adjustment year. |
19 | | If an owners licensee that conducted gambling operations |
20 | | prior to January 1, 2019 expands its riverboat or casino, |
21 | | including, but not limited to, with respect to its gaming |
22 | | floor, additional non-gaming amenities such as restaurants, |
23 | | bars, and hotels and other additional facilities, and incurs |
24 | | construction and other costs related to such expansion from |
25 | | June 28, 2019 ( the effective date of Public Act 101-31) this |
26 | | amendatory Act of the 101st General Assembly until June 28, |
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1 | | 2024 ( the 5th anniversary of the effective date of Public Act |
2 | | 101-31) this amendatory Act of the 101st General Assembly , then |
3 | | for each $15,000,000 spent for any such construction or other |
4 | | costs related to expansion paid by the owners licensee, the |
5 | | final adjustment year shall be extended by one year and the |
6 | | annual adjustment cap shall increase by 0.2% of adjusted gross |
7 | | receipts during each calendar year until and including the |
8 | | final adjustment year. No further modifications to the final |
9 | | adjustment year or annual adjustment cap shall be made after |
10 | | $75,000,000 is incurred in construction or other costs related |
11 | | to expansion so that the final adjustment year shall not extend |
12 | | beyond the 9th calendar year after the initial adjustment year, |
13 | | not including the initial adjustment year, and the annual |
14 | | adjustment cap shall not exceed 4% of adjusted gross receipts |
15 | | in a particular calendar year. Construction and other costs |
16 | | related to expansion shall include all project related costs, |
17 | | including, but not limited to, all hard and soft costs, |
18 | | financing costs, on or off-site ground, road or utility work, |
19 | | cost of gaming equipment and all other personal property, |
20 | | initial fees assessed for each incremental gaming position, and |
21 | | the cost of incremental land acquired for such expansion. Soft |
22 | | costs shall include, but not be limited to, legal fees, |
23 | | architect, engineering and design costs, other consultant |
24 | | costs, insurance cost, permitting costs, and pre-opening costs |
25 | | related to the expansion, including, but not limited to, any of |
26 | | the following: marketing, real estate taxes, personnel, |
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1 | | training, travel and out-of-pocket expenses, supply, |
2 | | inventory, and other costs, and any other project related soft |
3 | | costs. |
4 | | To be eligible for the tax credits in subsection (a-6), all |
5 | | construction contracts shall include a requirement that the |
6 | | contractor enter into a project labor agreement with the |
7 | | building and construction trades council with geographic |
8 | | jurisdiction of the location of the proposed gaming facility. |
9 | | Notwithstanding any other provision of this subsection |
10 | | (a-7), this subsection (a-7) does not apply to an owners |
11 | | licensee unless such owners licensee spends at least |
12 | | $15,000,000 on construction and other costs related to its |
13 | | expansion, excluding the initial fees assessed for each |
14 | | incremental gaming position. |
15 | | This subsection (a-7) does not apply to owners licensees
|
16 | | authorized pursuant to subsection (e-5) of Section 7 of this
|
17 | | Act. |
18 | | For purposes of this subsection (a-7): |
19 | | "Building and construction trades council" means any |
20 | | organization representing multiple construction entities that |
21 | | are monitoring or attentive to compliance with public or |
22 | | workers' safety laws, wage and hour requirements, or other |
23 | | statutory requirements or that are making or maintaining |
24 | | collective bargaining agreements. |
25 | | "Initial adjustment year" means the year commencing on |
26 | | January 1 of the calendar year immediately following the |
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1 | | earlier of the following: |
2 | | (1) the commencement of gambling operations, either in |
3 | | a temporary or permanent facility, with respect to the |
4 | | owners license authorized under paragraph (1) of |
5 | | subsection (e-5) of Section 7 of this Act; or |
6 | | (2) June 28, 2021 ( 24 months after the effective date |
7 | | of Public Act 101-31); this amendatory Act of the 101st |
8 | | General Assembly, |
9 | | provided the initial adjustment year shall not commence earlier |
10 | | than June 28, 2020 ( 12 months after the effective date of |
11 | | Public Act 101-31) this amendatory Act of the 101st General |
12 | | Assembly . |
13 | | "Final adjustment year" means the 2nd calendar year after |
14 | | the initial adjustment year, not including the initial |
15 | | adjustment year, and as may be extended further as described in |
16 | | this subsection (a-7). |
17 | | "Annual adjustment cap" means 3% of adjusted gross receipts |
18 | | in a particular calendar year, and as may be increased further |
19 | | as otherwise described in this subsection (a-7). |
20 | | (a-8) Riverboat gambling operations conducted by a |
21 | | licensed manager on
behalf of the State are not subject to the |
22 | | tax imposed under this Section.
|
23 | | (a-9) Beginning on January 1, 2020, the calculation of |
24 | | gross receipts or adjusted gross receipts, for the purposes of |
25 | | this Section, for a riverboat, a casino, or an organization |
26 | | gaming facility shall not include the dollar amount of |
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1 | | non-cashable vouchers, coupons, and electronic promotions |
2 | | redeemed by wagerers upon the riverboat, in the casino, or in |
3 | | the organization gaming facility up to and including an amount |
4 | | not to exceed 20% of a riverboat's, a casino's, or an |
5 | | organization gaming facility's adjusted gross receipts. |
6 | | The Illinois Gaming Board shall submit to the General |
7 | | Assembly a comprehensive report no later than March 31, 2023 |
8 | | detailing, at a minimum, the effect of removing non-cashable |
9 | | vouchers, coupons, and electronic promotions from this |
10 | | calculation on net gaming revenues to the State in calendar |
11 | | years 2020 through 2022, the increase or reduction in wagerers |
12 | | as a result of removing non-cashable vouchers, coupons, and |
13 | | electronic promotions from this calculation, the effect of the |
14 | | tax rates in subsection (a-5) on net gaming revenues to this |
15 | | State, and proposed modifications to the calculation. |
16 | | (a-10) The taxes imposed by this Section shall be paid by |
17 | | the licensed
owner or the organization gaming licensee to the |
18 | | Board not later than 5:00 o'clock p.m. of the day after the day
|
19 | | when the wagers were made.
|
20 | | (a-15) If the privilege tax imposed under subsection (a-3) |
21 | | is no longer imposed pursuant to item (i) of the last paragraph |
22 | | of subsection (a-3), then by June 15 of each year, each owners |
23 | | licensee, other than an owners licensee that admitted 1,000,000 |
24 | | persons or
fewer in calendar year 2004, must, in addition to |
25 | | the payment of all amounts otherwise due under this Section, |
26 | | pay to the Board a reconciliation payment in the amount, if |
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1 | | any, by which the licensed owner's base amount exceeds the |
2 | | amount of net privilege tax paid by the licensed owner to the |
3 | | Board in the then current State fiscal year. A licensed owner's |
4 | | net privilege tax obligation due for the balance of the State |
5 | | fiscal year shall be reduced up to the total of the amount paid |
6 | | by the licensed owner in its June 15 reconciliation payment. |
7 | | The obligation imposed by this subsection (a-15) is binding on |
8 | | any person, firm, corporation, or other entity that acquires an |
9 | | ownership interest in any such owners license. The obligation |
10 | | imposed under this subsection (a-15) terminates on the earliest |
11 | | of: (i) July 1, 2007, (ii) the first day after the effective |
12 | | date of this amendatory Act of the 94th General Assembly that |
13 | | riverboat gambling operations are conducted pursuant to a |
14 | | dormant license, (iii) the first day that riverboat gambling |
15 | | operations are conducted under the authority of an owners |
16 | | license that is in addition to the 10 owners licenses initially |
17 | | authorized under this Act, or (iv) the first day that a |
18 | | licensee under the Illinois Horse Racing Act of 1975 conducts |
19 | | gaming operations with slot machines or other electronic gaming |
20 | | devices. The Board must reduce the obligation imposed under |
21 | | this subsection (a-15) by an amount the Board deems reasonable |
22 | | for any of the following reasons: (A) an act or acts of God, |
23 | | (B) an act of bioterrorism or terrorism or a bioterrorism or |
24 | | terrorism threat that was investigated by a law enforcement |
25 | | agency, or (C) a condition beyond the control of the owners |
26 | | licensee that does not result from any act or omission by the |
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1 | | owners licensee or any of its agents and that poses a hazardous |
2 | | threat to the health and safety of patrons. If an owners |
3 | | licensee pays an amount in excess of its liability under this |
4 | | Section, the Board shall apply the overpayment to future |
5 | | payments required under this Section. |
6 | | For purposes of this subsection (a-15): |
7 | | "Act of God" means an incident caused by the operation of |
8 | | an extraordinary force that cannot be foreseen, that cannot be |
9 | | avoided by the exercise of due care, and for which no person |
10 | | can be held liable.
|
11 | | "Base amount" means the following: |
12 | | For a riverboat in Alton, $31,000,000.
|
13 | | For a riverboat in East Peoria, $43,000,000.
|
14 | | For the Empress riverboat in Joliet, $86,000,000.
|
15 | | For a riverboat in Metropolis, $45,000,000.
|
16 | | For the Harrah's riverboat in Joliet, $114,000,000.
|
17 | | For a riverboat in Aurora, $86,000,000.
|
18 | | For a riverboat in East St. Louis, $48,500,000.
|
19 | | For a riverboat in Elgin, $198,000,000.
|
20 | | "Dormant license" has the meaning ascribed to it in |
21 | | subsection (a-3).
|
22 | | "Net privilege tax" means all privilege taxes paid by a |
23 | | licensed owner to the Board under this Section, less all |
24 | | payments made from the State Gaming Fund pursuant to subsection |
25 | | (b) of this Section. |
26 | | The changes made to this subsection (a-15) by Public Act |
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1 | | 94-839 are intended to restate and clarify the intent of Public |
2 | | Act 94-673 with respect to the amount of the payments required |
3 | | to be made under this subsection by an owners licensee to the |
4 | | Board.
|
5 | | (b) From the tax revenue from riverboat or casino gambling
|
6 | | deposited in the State Gaming Fund under this Section, an |
7 | | amount equal to 5% of
adjusted gross receipts generated by a |
8 | | riverboat or a casino, other than a riverboat or casino |
9 | | designated in paragraph (1), (3), or (4) of subsection (e-5) of |
10 | | Section 7, shall be paid monthly, subject
to appropriation by |
11 | | the General Assembly, to the unit of local government in which |
12 | | the casino is located or that
is designated as the home dock of |
13 | | the riverboat. Notwithstanding anything to the contrary, |
14 | | beginning on the first day that an owners licensee under |
15 | | paragraph (1), (2), (3), (4), (5), or (6) of subsection (e-5) |
16 | | of Section 7 conducts gambling operations, either in a |
17 | | temporary facility or a permanent facility, and for 2 years |
18 | | thereafter, a unit of local government designated as the home |
19 | | dock of a riverboat whose license was issued before January 1, |
20 | | 2019, other than a riverboat conducting gambling operations in |
21 | | the City of East St. Louis, shall not receive less under this |
22 | | subsection (b) than the amount the unit of local government |
23 | | received under this subsection (b) in calendar year 2018. |
24 | | Notwithstanding anything to the contrary and because the City |
25 | | of East St. Louis is a financially distressed city, beginning |
26 | | on the first day that an owners licensee under paragraph (1), |
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1 | | (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 |
2 | | conducts gambling operations, either in a temporary facility or |
3 | | a permanent facility, and for 10 years thereafter, a unit of |
4 | | local government designated as the home dock of a riverboat |
5 | | conducting gambling operations in the City of East St. Louis |
6 | | shall not receive less under this subsection (b) than the |
7 | | amount the unit of local government received under this |
8 | | subsection (b) in calendar year 2018. |
9 | | From the tax revenue
deposited in the State Gaming Fund |
10 | | pursuant to riverboat or casino gambling operations
conducted |
11 | | by a licensed manager on behalf of the State, an amount equal |
12 | | to 5%
of adjusted gross receipts generated pursuant to those |
13 | | riverboat or casino gambling
operations shall be paid monthly,
|
14 | | subject to appropriation by the General Assembly, to the unit |
15 | | of local
government that is designated as the home dock of the |
16 | | riverboat upon which
those riverboat gambling operations are |
17 | | conducted or in which the casino is located. |
18 | | From the tax revenue from riverboat or casino gambling |
19 | | deposited in the State Gaming Fund under this Section, an |
20 | | amount equal to 5% of the adjusted gross receipts generated by |
21 | | a riverboat designated in paragraph (3) of subsection (e-5) of |
22 | | Section 7 shall be divided and remitted monthly, subject to |
23 | | appropriation, as follows: 70% to Waukegan, 10% to Park City, |
24 | | 15% to North Chicago, and 5% to Lake County. |
25 | | From the tax revenue from riverboat or casino gambling |
26 | | deposited in the State Gaming Fund under this Section, an |
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1 | | amount equal to 5% of the adjusted gross receipts generated by |
2 | | a riverboat designated in paragraph (4) of subsection (e-5) of |
3 | | Section 7 shall be remitted monthly, subject to appropriation, |
4 | | as follows: 70% to the City of Rockford, 5% to the City of |
5 | | Loves Park, 5% to the Village of Machesney, and 20% to |
6 | | Winnebago County. |
7 | | From the tax revenue from riverboat or casino gambling |
8 | | deposited in the State Gaming Fund under this Section, an |
9 | | amount equal to 5% of the adjusted gross receipts generated by |
10 | | a riverboat designated in paragraph (5) of subsection (e-5) of |
11 | | Section 7 shall be remitted monthly, subject to appropriation, |
12 | | as follows: 2% to the unit of local government in which the |
13 | | riverboat or casino is located, and 3% shall be distributed: |
14 | | (A) in accordance with a regional capital development plan |
15 | | entered into by the following communities: Village of Beecher, |
16 | | City of Blue Island, Village of Burnham, City of Calumet City, |
17 | | Village of Calumet Park, City of Chicago Heights, City of |
18 | | Country Club Hills, Village of Crestwood, Village of Crete, |
19 | | Village of Dixmoor, Village of Dolton, Village of East Hazel |
20 | | Crest, Village of Flossmoor, Village of Ford Heights, Village |
21 | | of Glenwood, City of Harvey, Village of Hazel Crest, Village of |
22 | | Homewood, Village of Lansing, Village of Lynwood, City of |
23 | | Markham, Village of Matteson, Village of Midlothian, Village of |
24 | | Monee, City of Oak Forest, Village of Olympia Fields, Village |
25 | | of Orland Hills, Village of Orland Park, City of Palos Heights, |
26 | | Village of Park Forest, Village of Phoenix, Village of Posen, |
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1 | | Village of Richton Park, Village of Riverdale, Village of |
2 | | Robbins, Village of Sauk Village, Village of South Chicago |
3 | | Heights, Village of South Holland, Village of Steger, Village |
4 | | of Thornton, Village of Tinley Park, Village of University Park |
5 | | and Village of Worth; or (B) if no regional capital development |
6 | | plan exists, equally among the communities listed in item (A) |
7 | | to be used for capital expenditures or public pension payments, |
8 | | or both. |
9 | | Units of local government may refund any portion of the |
10 | | payment that they receive pursuant to this subsection (b) to |
11 | | the riverboat or casino.
|
12 | | (b-4) Beginning on the first day the licensee under |
13 | | paragraph (5) of subsection (e-5) of Section 7 conducts |
14 | | gambling operations, either in a temporary facility or a |
15 | | permanent facility, and ending on July 31, 2042, from the tax |
16 | | revenue deposited in the State Gaming Fund under this Section, |
17 | | $5,000,000 shall be paid annually, subject
to appropriation, to |
18 | | the host municipality of that owners licensee of a license |
19 | | issued or re-issued pursuant to Section
7.1 of this Act before |
20 | | January 1, 2012. Payments received by the host municipality |
21 | | pursuant to this subsection (b-4) may not be shared with any |
22 | | other unit of local government. |
23 | | (b-5) Beginning on June 28, 2019 ( the effective date of |
24 | | Public Act 101-31) this amendatory Act of the 101st General |
25 | | Assembly , from the tax revenue
deposited in the State Gaming |
26 | | Fund under this Section, an amount equal to 3% of
adjusted |
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1 | | gross receipts generated by each organization gaming facility |
2 | | located outside Madison County shall be paid monthly, subject
|
3 | | to appropriation by the General Assembly, to a municipality |
4 | | other than the Village of Stickney in which each organization |
5 | | gaming facility is located or, if the organization gaming |
6 | | facility is not located within a municipality, to the county in |
7 | | which the organization gaming facility is located, except as |
8 | | otherwise provided in this Section. From the tax revenue |
9 | | deposited in the State Gaming Fund under this Section, an |
10 | | amount equal to 3% of adjusted gross receipts generated by an |
11 | | organization gaming facility located in the Village of Stickney |
12 | | shall be paid monthly, subject to appropriation by the General |
13 | | Assembly, as follows: 25% to the Village of Stickney, 5% to the |
14 | | City of Berwyn, 50% to the Town of Cicero, and 20% to the |
15 | | Stickney Public Health District. |
16 | | From the tax revenue deposited in the State Gaming Fund |
17 | | under this Section, an amount equal to 5% of adjusted gross |
18 | | receipts generated by an organization gaming facility located |
19 | | in the City of Collinsville shall be paid monthly, subject to |
20 | | appropriation by the General Assembly, as follows: 30% to the |
21 | | City of Alton, 30% to the City of East St. Louis, and 40% to the |
22 | | City of Collinsville. |
23 | | Municipalities and counties may refund any portion of the |
24 | | payment that they receive pursuant to this subsection (b-5) to |
25 | | the organization gaming facility. |
26 | | (b-6) Beginning on June 28, 2019 ( the effective date of |
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1 | | Public Act 101-31) this amendatory Act of the 101st General |
2 | | Assembly , from the tax revenue deposited in the State Gaming |
3 | | Fund under this Section, an amount equal to 2% of adjusted |
4 | | gross receipts generated by an organization gaming facility |
5 | | located outside Madison County shall be paid monthly, subject |
6 | | to appropriation by the General Assembly, to the county in |
7 | | which the organization gaming facility is located for the |
8 | | purposes of its criminal justice system or health care system. |
9 | | Counties may refund any portion of the payment that they |
10 | | receive pursuant to this subsection (b-6) to the organization |
11 | | gaming facility. |
12 | | (b-7) From the tax revenue from the organization gaming |
13 | | licensee located in one of the following townships or villages |
14 | | of Cook County or Will County : Bloom, Bremen, Calumet, Crete, |
15 | | Orland, Rich, Thornton, or Worth, an amount equal to 5% of the |
16 | | adjusted gross receipts generated by that organization gaming |
17 | | licensee shall be remitted monthly, subject to appropriation, |
18 | | as follows: 2% to the unit of local government in which the |
19 | | organization gaming licensee is located, and 3% shall be |
20 | | distributed: (A) in accordance with a regional capital |
21 | | development plan entered into by the following communities: |
22 | | Village of Beecher, City of Blue Island, Village of Burnham, |
23 | | City of Calumet City, Village of Calumet Park, City of Chicago |
24 | | Heights, City of Country Club Hills, Village of Crestwood, |
25 | | Village of Crete, Village of Dixmoor, Village of Dolton, |
26 | | Village of East Hazel Crest, Village of Flossmoor, Village of |
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1 | | Ford Heights, Village of Glenwood, City of Harvey, Village of |
2 | | Hazel Crest, Village of Homewood, Village of Lansing, Village |
3 | | of Lynwood, City of Markham, Village of Matteson, Village of |
4 | | Midlothian, Village of Monee, City of Oak Forest, Village of |
5 | | Olympia Fields, Village of Orland Hills, Village of Orland |
6 | | Park, City of Palos Heights, Village of Park Forest, Village of |
7 | | Phoenix, Village of Posen, Village of Richton Park, Village of |
8 | | Riverdale, Village of Robbins, Village of Sauk Village, Village |
9 | | of South Chicago Heights, Village of South Holland, Village of |
10 | | Steger, Village of Thornton, Village of Tinley Park, Village of |
11 | | University Park, and Village of Worth; or (B) if no regional |
12 | | capital development plan exists, equally among the communities |
13 | | listed in item (A) to be used for capital expenditures or |
14 | | public pension payments, or both. |
15 | | (b-8) In lieu of the payments under subsection (b) of this |
16 | | Section, the tax revenue from the privilege tax imposed by |
17 | | subsection (a-5.5) shall be paid monthly, subject
to |
18 | | appropriation by the General Assembly, to the City of Chicago |
19 | | and shall be expended or obligated by the City of Chicago for |
20 | | pension payments in accordance with Public Act 99-506. |
21 | | (c) Appropriations, as approved by the General Assembly, |
22 | | may be made
from the State Gaming Fund to the Board (i) for the |
23 | | administration and enforcement of this Act and the Video Gaming |
24 | | Act, (ii) for distribution to the Department of State Police |
25 | | and to the Department of Revenue for the enforcement of this |
26 | | Act , and the Video Gaming Act, and (iii) to the
Department of |
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1 | | Human Services for the administration of programs to treat
|
2 | | problem gambling, including problem gambling from sports |
3 | | wagering. The Board's annual appropriations request must |
4 | | separately state its funding needs for the regulation of gaming |
5 | | authorized under Section 7.7, riverboat gaming, casino gaming, |
6 | | video gaming, and sports wagering.
|
7 | | (c-2) An amount equal to 2% of the adjusted gross receipts |
8 | | generated by an organization gaming facility located within a |
9 | | home rule county with a population of over 3,000,000 |
10 | | inhabitants shall be paid, subject to appropriation
from the |
11 | | General Assembly, from the State Gaming Fund to the home rule
|
12 | | county in which the organization gaming licensee is located for |
13 | | the purpose of
enhancing the county's criminal justice system. |
14 | | (c-3) Appropriations, as approved by the General Assembly, |
15 | | may be made from the tax revenue deposited into the State |
16 | | Gaming Fund from organization gaming licensees pursuant to this |
17 | | Section for the administration and enforcement of this Act.
|
18 | | (c-4) After payments required under subsections (b), |
19 | | (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from |
20 | | the tax revenue from organization gaming licensees deposited |
21 | | into the State Gaming Fund under this Section, all remaining |
22 | | amounts from organization gaming licensees shall be |
23 | | transferred into the Capital Projects Fund. |
24 | | (c-5) (Blank).
|
25 | | (c-10) Each year the General Assembly shall appropriate |
26 | | from the General
Revenue Fund to the Education Assistance Fund |
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1 | | an amount equal to the amount
paid into the Horse Racing Equity |
2 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
|
3 | | (c-15) After the payments required under subsections (b), |
4 | | (c), and (c-5)
have been made, an amount equal to 2% of the |
5 | | adjusted gross receipts of (1)
an owners licensee that |
6 | | relocates pursuant to Section 11.2, (2) an owners
licensee |
7 | | conducting riverboat gambling operations pursuant to
an
owners |
8 | | license that is initially issued after June 25, 1999,
or (3) |
9 | | the first
riverboat gambling operations conducted by a licensed |
10 | | manager on behalf of the
State under Section 7.3,
whichever |
11 | | comes first, shall be paid, subject to appropriation
from the |
12 | | General Assembly, from the State Gaming Fund to each home rule
|
13 | | county with a population of over 3,000,000 inhabitants for the |
14 | | purpose of
enhancing the county's criminal justice system.
|
15 | | (c-20) Each year the General Assembly shall appropriate |
16 | | from the General
Revenue Fund to the Education Assistance Fund |
17 | | an amount equal to the amount
paid to each home rule county |
18 | | with a population of over 3,000,000 inhabitants
pursuant to |
19 | | subsection (c-15) in the prior calendar year.
|
20 | | (c-21) After the payments required under subsections (b), |
21 | | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have |
22 | | been made, an amount equal to 2% of the adjusted gross receipts |
23 | | generated by the owners licensee under paragraph (1) of |
24 | | subsection (e-5) of Section 7 shall be paid, subject to |
25 | | appropriation
from the General Assembly, from the State Gaming |
26 | | Fund to the home rule
county in which the owners licensee is |
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1 | | located for the purpose of
enhancing the county's criminal |
2 | | justice system. |
3 | | (c-22) After the payments required under subsections (b), |
4 | | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and |
5 | | (c-21) have been made, an amount equal to 2% of the adjusted |
6 | | gross receipts generated by the owners licensee under paragraph |
7 | | (5) of subsection (e-5) of Section 7 shall be paid, subject to |
8 | | appropriation
from the General Assembly, from the State Gaming |
9 | | Fund to the home rule
county in which the owners licensee is |
10 | | located for the purpose of
enhancing the county's criminal |
11 | | justice system. |
12 | | (c-25) From July 1, 2013 and each July 1 thereafter through |
13 | | July 1, 2019, $1,600,000 shall be transferred from the State |
14 | | Gaming Fund to the Chicago State University Education |
15 | | Improvement Fund.
|
16 | | On July 1, 2020 and each July 1 thereafter, $3,000,000 |
17 | | shall be transferred from the State Gaming Fund to the Chicago |
18 | | State University Education Improvement Fund. |
19 | | (c-30) On July 1, 2013 or as soon as possible thereafter, |
20 | | $92,000,000 shall be transferred from the State Gaming Fund to |
21 | | the School Infrastructure Fund and $23,000,000 shall be |
22 | | transferred from the State Gaming Fund to the Horse Racing |
23 | | Equity Fund. |
24 | | (c-35) Beginning on July 1, 2013, in addition to any amount |
25 | | transferred under subsection (c-30) of this Section, |
26 | | $5,530,000 shall be transferred monthly from the State Gaming |
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1 | | Fund to the School Infrastructure Fund. |
2 | | (d) From time to time, the
Board shall transfer the |
3 | | remainder of the funds
generated by this Act into the Education
|
4 | | Assistance Fund, created by Public Act 86-0018, of the State of |
5 | | Illinois.
|
6 | | (e) Nothing in this Act shall prohibit the unit of local |
7 | | government
designated as the home dock of the riverboat from |
8 | | entering into agreements
with other units of local government |
9 | | in this State or in other states to
share its portion of the |
10 | | tax revenue.
|
11 | | (f) To the extent practicable, the Board shall administer |
12 | | and collect the
wagering taxes imposed by this Section in a |
13 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
14 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the |
15 | | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform |
16 | | Penalty and Interest Act.
|
17 | | (Source: P.A. 101-31, Article 25, Section 25-910, eff. 6-28-19; |
18 | | 101-31, Article 35, Section 35-55, eff. 6-28-19; revised |
19 | | 8-23-19.)
|
20 | | Section 15. The Eminent Domain Act is amended by adding |
21 | | Section 25-5-80 as follows: |
22 | | (735 ILCS 30/25-5-80 new) |
23 | | Sec. 25-5-80. Quick-take; Village of Crete. Quick-take |
24 | | proceedings under Article 20 may be used for a period of 24 |
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1 | | months after the effective date of this amendatory Act of the |
2 | | 101st General Assembly by the Village of Crete for the |
3 | | nullification of any restriction of record on private real |
4 | | property by means of a recorded deed or other recorded |
5 | | instruments that in any way prohibits, restrains, or has any |
6 | | impact whatsoever on private real property for the purpose of |
7 | | applying for an organization license under Section 19.5 of the |
8 | | Illinois Horse Racing Act of 1975 or an owners license under |
9 | | paragraph (5) of subsection (e-5) of Section 7 of the Illinois |
10 | | Gambling Act.
|
11 | | Section 99. Effective date. This Act takes effect upon |
12 | | becoming law.".
|