Sen. Bill Cunningham
Filed: 10/27/2021
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3136
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3136, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Illinois Horse Racing Act of 1975 is | ||||||
6 | amended by changing Sections 19.5, 21, and 31 as follows: | ||||||
7 | (230 ILCS 5/19.5) | ||||||
8 | Sec. 19.5. Standardbred racetrack in Cook County. | ||||||
9 | Notwithstanding anything in this Act to the contrary, in | ||||||
10 | 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 | ||||||
13 | limited to standardbred racing to a racetrack located in one | ||||||
14 | of the following townships of Cook County: Bloom, Bremen, | ||||||
15 | Calumet, Orland, Rich, Thornton, or Worth. This additional | ||||||
16 | organization license shall not be issued within a 35-mile |
| |||||||
| |||||||
1 | radius of another organization license issued by the Board on | ||||||
2 | the effective date of this amendatory Act of the 101st General | ||||||
3 | Assembly, unless the person having operating control of such | ||||||
4 | racetrack has given written consent to the organization | ||||||
5 | licensee applicant, which consent must be filed with the Board | ||||||
6 | at or prior to the time application is made. The organization | ||||||
7 | license application shall be submitted to the Board and the | ||||||
8 | Board may grant the organization license at any meeting of the | ||||||
9 | Board. The Board shall examine the application within 21 days | ||||||
10 | after receipt of the application with respect to its | ||||||
11 | conformity with this Act and the rules adopted by the Board. If | ||||||
12 | the application does not comply with this Act or the rules | ||||||
13 | adopted by the Board, the application may be rejected and an | ||||||
14 | organization license refused to the applicant, or the Board | ||||||
15 | may, within 21 days after receipt of the application, advise | ||||||
16 | the applicant of the deficiencies of the application under the | ||||||
17 | Act or the rules of the Board and require the submittal of an | ||||||
18 | amended application within a reasonable time determined by the | ||||||
19 | Board; upon submittal of the amended application by the | ||||||
20 | applicant, the Board may consider the application consistent | ||||||
21 | with the process described in subsection (e-5) of Section 20. | ||||||
22 | If the application is found to be in compliance with this Act | ||||||
23 | and the rules of the Board, the Board shall then issue an | ||||||
24 | organization license to the applicant. Once the organization | ||||||
25 | license is granted, shall be granted upon application, and the | ||||||
26 | licensee shall have all of the current and future rights of |
| |||||||
| |||||||
1 | existing Illinois racetracks, including, but not limited to, | ||||||
2 | the ability to obtain an inter-track wagering license, the | ||||||
3 | ability to obtain inter-track wagering location licenses, the | ||||||
4 | ability to obtain an organization gaming license pursuant to | ||||||
5 | the Illinois Gambling Act with 1,200 gaming positions, and the | ||||||
6 | ability to offer Internet wagering on horse racing.
| ||||||
7 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
8 | (230 ILCS 5/21) (from Ch. 8, par. 37-21)
| ||||||
9 | Sec. 21.
(a) Applications for organization licenses must | ||||||
10 | be filed with
the Board at a time and place prescribed by the | ||||||
11 | rules and regulations of
the Board. The Board shall examine | ||||||
12 | the applications within 21 days
after
the date allowed for | ||||||
13 | filing with respect to their conformity with this Act
and such | ||||||
14 | rules and regulations as may be prescribed by the Board. If any
| ||||||
15 | application does not comply with this Act or the rules and | ||||||
16 | regulations
prescribed by the Board, such application may be | ||||||
17 | rejected and an
organization license refused to the applicant, | ||||||
18 | or the Board may, within 21
days of the receipt of such | ||||||
19 | application, advise the applicant of the
deficiencies of the | ||||||
20 | application under the Act or the rules and regulations of
the | ||||||
21 | Board,
and require the submittal of an amended application | ||||||
22 | within a reasonable time
determined by the Board; and upon | ||||||
23 | submittal of the amended application by the
applicant, the | ||||||
24 | Board may consider the
application consistent with the process | ||||||
25 | described in subsection (e-5) of
Section 20 of this Act. If it
|
| |||||||
| |||||||
1 | is found to be in compliance with this Act and the rules and | ||||||
2 | regulations of
the Board, the Board may then issue an | ||||||
3 | organization license to such applicant.
| ||||||
4 | (b) The Board may exercise discretion in granting racing
| ||||||
5 | dates to qualified applicants different from those requested | ||||||
6 | by the
applicants in their
applications. However, if all | ||||||
7 | eligible applicants for organization
licenses whose tracks are | ||||||
8 | located within 100 miles of each other execute
and submit to | ||||||
9 | the Board a written agreement among such applicants as to
the | ||||||
10 | award of racing dates, including where applicable racing
| ||||||
11 | programs, for
up to 3 consecutive years, then subject to | ||||||
12 | annual review of each
applicant's compliance with Board rules | ||||||
13 | and regulations, provisions of this
Act and conditions | ||||||
14 | contained in annual dates orders issued by the Board,
the | ||||||
15 | Board may grant such dates and programs
to such applicants
as | ||||||
16 | so agreed by them if the Board determines that the grant of | ||||||
17 | these racing
dates is in the best
interests of racing. The | ||||||
18 | Board shall treat any such agreement as the
agreement | ||||||
19 | signatories' joint and several application for racing dates
| ||||||
20 | during the term of the agreement.
| ||||||
21 | (c) Where 2 or more applicants propose to conduct horse
| ||||||
22 | race meetings within 35 miles of each other, as certified to | ||||||
23 | the Board
under Section 19 (a) (1) of this Act, on conflicting | ||||||
24 | dates, the Board may
determine and grant the number of racing | ||||||
25 | days to be awarded to
the several
applicants in accordance | ||||||
26 | with the provisions of subsection (e-5) of Section
20 of this
|
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (d) (Blank).
| ||||||
3 | (e) Prior to the issuance of an organization license, the | ||||||
4 | applicant
shall file with the Board the bond required in | ||||||
5 | subsection (d) of Section 27 a bond payable to the State of | ||||||
6 | Illinois in the
sum of $200,000, executed by the applicant and | ||||||
7 | a surety company or
companies authorized to do business in | ||||||
8 | this State, and conditioned upon the
payment by the | ||||||
9 | organization licensee of all taxes due under Section 27,
other | ||||||
10 | monies due and payable under this Act, all purses due and | ||||||
11 | payable,
and that the organization licensee will upon | ||||||
12 | presentation of the winning
ticket or
tickets distribute all | ||||||
13 | sums due to the patrons of pari-mutuel pools. Beginning on the | ||||||
14 | date when any organization licensee begins conducting gaming | ||||||
15 | pursuant to an organization gaming license issued under the | ||||||
16 | Illinois Gambling Act, the amount of the bond required under | ||||||
17 | this subsection (e) shall be $500,000.
| ||||||
18 | (f) Each organization license shall specify the person to | ||||||
19 | whom it is
issued, the dates upon which horse racing is | ||||||
20 | permitted, and the location,
place, track, or enclosure where | ||||||
21 | the horse race meeting is to be held.
| ||||||
22 | (g) Any person who owns one or more race tracks
within the | ||||||
23 | State
may seek, in its own name, a separate organization | ||||||
24 | license
for each race track.
| ||||||
25 | (h) All racing conducted under such organization license | ||||||
26 | is subject to
this Act and to the rules and regulations from |
| |||||||
| |||||||
1 | time to time prescribed by
the Board, and every such | ||||||
2 | organization license issued by the Board shall
contain a | ||||||
3 | recital to that effect.
| ||||||
4 | (i) Each such organization licensee may provide
that at | ||||||
5 | least one race per day may be devoted to
the racing of quarter | ||||||
6 | horses, appaloosas, arabians, or paints.
| ||||||
7 | (j) In acting on applications for organization licenses, | ||||||
8 | the Board shall
give weight to an organization license which | ||||||
9 | has
implemented a good faith affirmative
action effort to | ||||||
10 | recruit, train and upgrade minorities in all classifications
| ||||||
11 | within the organization license.
| ||||||
12 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
13 | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
| ||||||
14 | Sec. 31.
(a) The General Assembly declares that it is the | ||||||
15 | policy of
this State to encourage the breeding of standardbred | ||||||
16 | horses in this
State and the ownership of such horses by | ||||||
17 | residents of this State in
order to provide for: sufficient | ||||||
18 | numbers of high quality standardbred
horses to participate in | ||||||
19 | harness racing meetings in this State, and to
establish and | ||||||
20 | preserve the agricultural and commercial benefits of such
| ||||||
21 | breeding and racing industries to the State of Illinois. It is | ||||||
22 | the
intent of the General Assembly to further this policy by | ||||||
23 | the provisions
of this Section of this Act.
| ||||||
24 | (b) Each organization licensee conducting a harness
racing | ||||||
25 | meeting pursuant to this Act shall provide for at least two |
| |||||||
| |||||||
1 | races each
race program limited to
Illinois conceived and | ||||||
2 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
3 | week limited to Illinois conceived and foaled horses. No
| ||||||
4 | horses shall be permitted to start in such races unless duly | ||||||
5 | registered
under the rules of the Department of Agriculture.
| ||||||
6 | (b-5) Organization licensees, not including the Illinois | ||||||
7 | State Fair or the DuQuoin State Fair, shall provide stake | ||||||
8 | races and early closer races for Illinois conceived and foaled | ||||||
9 | horses so that purses distributed for such races shall be no | ||||||
10 | less than 17% of total purses distributed for harness racing | ||||||
11 | in that calendar year in addition to any stakes payments and | ||||||
12 | starting fees contributed by horse owners. | ||||||
13 | (b-10) Each organization licensee conducting a harness | ||||||
14 | racing meeting
pursuant to this Act shall provide an owner | ||||||
15 | award to be paid from the purse
account equal to 12% of the | ||||||
16 | amount earned by Illinois conceived and foaled
horses | ||||||
17 | finishing in the first 3 positions in races that are not | ||||||
18 | restricted to Illinois conceived and foaled
horses. The owner | ||||||
19 | awards shall not be paid on races below the $10,000 claiming | ||||||
20 | class. | ||||||
21 | (c) Conditions of races under subsection (b) shall be | ||||||
22 | commensurate
with past performance, quality and class of | ||||||
23 | Illinois conceived and
foaled horses available. If, however, | ||||||
24 | sufficient competition cannot be
had among horses of that | ||||||
25 | class on any day, the races may, with consent
of the Board, be | ||||||
26 | eliminated for that day and substitute races provided.
|
| |||||||
| |||||||
1 | (d) There is hereby created a special fund of the State | ||||||
2 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
3 | Fund. Beginning on June 28, 2019 (the effective date of Public | ||||||
4 | Act 101-31), the Illinois Standardbred Breeders Fund shall | ||||||
5 | become a non-appropriated trust fund held separate and apart | ||||||
6 | from State moneys. Expenditures from this Fund shall no longer | ||||||
7 | be subject to appropriation.
| ||||||
8 | During the calendar year 1981, and each year thereafter, | ||||||
9 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
10 | eight and one-half
per cent of all the monies received by the | ||||||
11 | State as privilege taxes on
harness racing meetings shall be | ||||||
12 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
13 | (e) Notwithstanding any provision of law to the contrary, | ||||||
14 | amounts deposited into the Illinois Standardbred Breeders Fund | ||||||
15 | from revenues generated by gaming pursuant to an organization | ||||||
16 | gaming license issued under the Illinois Gambling Act after | ||||||
17 | June 28, 2019 (the effective date of Public Act 101-31) shall | ||||||
18 | be in addition to tax and fee amounts paid under this Section | ||||||
19 | for calendar year 2019 and thereafter. The Illinois | ||||||
20 | Standardbred Breeders Fund shall be administered by
the | ||||||
21 | Department of Agriculture with the assistance and advice of | ||||||
22 | the
Advisory Board created in subsection (f) of this Section.
| ||||||
23 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
24 | is hereby
created. The Advisory Board shall consist of the | ||||||
25 | Director of the
Department of Agriculture, who shall serve as | ||||||
26 | Chairman; the
Superintendent of the Illinois State Fair; a |
| |||||||
| |||||||
1 | member of the Illinois
Racing Board, designated by it; a | ||||||
2 | representative of the largest association of Illinois | ||||||
3 | standardbred owners and breeders, recommended by it; a
| ||||||
4 | representative of a statewide association representing | ||||||
5 | agricultural fairs in Illinois,
recommended by it, such | ||||||
6 | representative to be from a fair at which
Illinois conceived | ||||||
7 | and foaled racing is conducted; a representative of
the | ||||||
8 | organization licensees conducting harness racing
meetings, | ||||||
9 | recommended by them; a representative of the Breeder's | ||||||
10 | Committee of the association representing the largest number | ||||||
11 | of standardbred owners, breeders, trainers, caretakers, and | ||||||
12 | drivers, recommended by it;
and a representative of the | ||||||
13 | association representing the largest number of standardbred | ||||||
14 | owners, breeders, trainers, caretakers, and drivers,
| ||||||
15 | recommended by it. Advisory Board members shall serve for 2 | ||||||
16 | years
commencing January 1 of each odd numbered year. If | ||||||
17 | representatives of
the largest association of Illinois | ||||||
18 | standardbred owners and breeders, a statewide association of | ||||||
19 | agricultural fairs in Illinois, the association representing | ||||||
20 | the largest number of standardbred owners, breeders, trainers, | ||||||
21 | caretakers, and drivers, a member of the Breeder's Committee | ||||||
22 | of the association representing the largest number of | ||||||
23 | standardbred owners, breeders, trainers, caretakers, and | ||||||
24 | drivers, and the organization licensees conducting
harness | ||||||
25 | racing meetings
have not been recommended by January 1 of each | ||||||
26 | odd numbered year, the
Director of the Department of |
| |||||||
| |||||||
1 | Agriculture shall make an appointment for
the organization | ||||||
2 | failing to so recommend a member of the Advisory Board.
| ||||||
3 | Advisory Board members shall receive no compensation for their | ||||||
4 | services
as members but shall be reimbursed for all actual and | ||||||
5 | necessary expenses
and disbursements incurred in the execution | ||||||
6 | of their official duties.
| ||||||
7 | (g) Monies expended
from the Illinois Standardbred | ||||||
8 | Breeders Fund shall be
expended by the Department of | ||||||
9 | Agriculture, with the assistance and
advice of the Illinois | ||||||
10 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
11 | purposes only:
| ||||||
12 | 1. To provide purses for races limited to Illinois | ||||||
13 | conceived and
foaled horses at the State Fair and the | ||||||
14 | DuQuoin State Fair.
| ||||||
15 | 2. To provide purses for races limited to Illinois | ||||||
16 | conceived and
foaled horses at county fairs.
| ||||||
17 | 3. To provide purse supplements for races limited to | ||||||
18 | Illinois
conceived and foaled horses conducted by | ||||||
19 | associations conducting harness
racing meetings.
| ||||||
20 | 4. No less than 75% of all monies in the Illinois | ||||||
21 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
22 | 1, 2, and 3 as shown above.
| ||||||
23 | 5. In the discretion of the Department of Agriculture | ||||||
24 | to provide
awards to harness breeders of Illinois | ||||||
25 | conceived and foaled horses which
win races conducted by | ||||||
26 | organization licensees
conducting harness racing meetings.
|
| |||||||
| |||||||
1 | A breeder is the owner of a mare at the time of conception. | ||||||
2 | No more
than 10% of all monies appropriated from the | ||||||
3 | Illinois
Standardbred Breeders Fund shall
be expended for | ||||||
4 | such harness breeders awards. No more than 25% of the
| ||||||
5 | amount expended for harness breeders awards shall be | ||||||
6 | expended for
expenses incurred in the administration of | ||||||
7 | such harness breeders awards.
| ||||||
8 | 6. To pay for the improvement of racing facilities | ||||||
9 | located at the
State Fair and County fairs.
| ||||||
10 | 7. To pay the expenses incurred in the administration | ||||||
11 | of the
Illinois Standardbred Breeders Fund.
| ||||||
12 | 8. To promote the sport of harness racing, including | ||||||
13 | grants up to a
maximum of $7,500 per fair per year for | ||||||
14 | conducting pari-mutuel wagering during the advertised | ||||||
15 | dates of a
county fair.
| ||||||
16 | 9. To pay up to $50,000 annually for the Department of | ||||||
17 | Agriculture to conduct drug testing at county fairs racing | ||||||
18 | standardbred horses. | ||||||
19 | (h) The Illinois Standardbred Breeders Fund is not subject | ||||||
20 | to administrative charges or chargebacks, including, but not | ||||||
21 | limited to, those authorized under Section 8h of the State | ||||||
22 | Finance Act.
| ||||||
23 | (i) A sum equal to 13% of the first prize money of the | ||||||
24 | gross purse
won by an Illinois conceived and foaled horse | ||||||
25 | shall be paid 50% by the
organization licensee conducting the | ||||||
26 | horse race meeting to the breeder
of such winning horse from |
| |||||||
| |||||||
1 | the organization licensee's account and 50% from the purse | ||||||
2 | account of the licensee.
Such payment
shall not reduce any | ||||||
3 | award to the owner of
the horse or reduce the taxes payable | ||||||
4 | under this Act. Such payment
shall be delivered by the | ||||||
5 | organization licensee at the end of each quarter.
| ||||||
6 | (j) The Department of Agriculture shall, by rule, with the
| ||||||
7 | assistance and advice of the Illinois Standardbred Breeders | ||||||
8 | Fund
Advisory Board:
| ||||||
9 | 1. Qualify stallions for Illinois Standardbred | ||||||
10 | Breeders Fund breeding ; such stallion
shall be owned by a | ||||||
11 | resident of the State of Illinois or by an Illinois
| ||||||
12 | corporation all of whose shareholders, directors, officers | ||||||
13 | and
incorporators are residents of the State of Illinois . | ||||||
14 | Such stallion shall
stand for
service at and within the | ||||||
15 | State of Illinois at the time of a foal's
conception, and | ||||||
16 | such stallion must not stand for service at any place , nor
| ||||||
17 | may semen from such stallion be transported,
outside the | ||||||
18 | State of Illinois during that calendar year in which the
| ||||||
19 | foal is conceived and that the owner of the stallion was | ||||||
20 | for the
12
months prior, a resident of Illinois . However, | ||||||
21 | on and after from January 1, 2018 , until January 1, 2022, | ||||||
22 | semen from an Illinois stallion may be transported outside | ||||||
23 | the State of Illinois.
The articles of agreement of any | ||||||
24 | partnership, joint venture, limited
partnership, | ||||||
25 | syndicate, association or corporation and any bylaws and | ||||||
26 | stock
certificates must contain a restriction that |
| |||||||
| |||||||
1 | provides that the ownership or
transfer of interest by any | ||||||
2 | one of the persons a party to the agreement can
only be | ||||||
3 | made to a person who qualifies as an Illinois resident.
| ||||||
4 | 2. Provide for the registration of Illinois conceived | ||||||
5 | and foaled
horses and no such horse shall compete in the | ||||||
6 | races limited to Illinois
conceived and foaled horses | ||||||
7 | unless registered with the Department of
Agriculture. The | ||||||
8 | Department of Agriculture may prescribe such forms as
may | ||||||
9 | be necessary to determine the eligibility of such horses. | ||||||
10 | No person
shall knowingly prepare or cause preparation of | ||||||
11 | an application for
registration of such foals containing | ||||||
12 | false information.
A mare (dam) must be in the State at | ||||||
13 | least 30 days prior to foaling or
remain in the State at | ||||||
14 | least 30 days at the time of foaling. However, the | ||||||
15 | requirement that a mare (dam) must be in the State at least | ||||||
16 | 30 days before foaling or remain in the State at least 30 | ||||||
17 | days at the time of foaling shall not be in effect from | ||||||
18 | January 1, 2018 until January 1, 2022.
Beginning with the | ||||||
19 | 1996 breeding season and for foals of 1997 and thereafter,
| ||||||
20 | a foal conceived by transported semen may be eligible for | ||||||
21 | Illinois
conceived and foaled registration provided all | ||||||
22 | breeding and foaling
requirements are met. The stallion | ||||||
23 | must be qualified for Illinois Standardbred
Breeders Fund | ||||||
24 | breeding at the time of conception and the mare must be
| ||||||
25 | inseminated within the State of Illinois . The foal must be | ||||||
26 | dropped in Illinois
and properly registered with the |
| |||||||
| |||||||
1 | Department of Agriculture in accordance with
this Act. | ||||||
2 | However, from January 1, 2018 until January 1, 2022, the | ||||||
3 | requirement for a mare to be inseminated within the State | ||||||
4 | of Illinois and the requirement for a foal to be dropped in | ||||||
5 | Illinois are inapplicable.
| ||||||
6 | 3. Provide that at least a 5-day racing program shall | ||||||
7 | be conducted
at the State Fair each year, unless an | ||||||
8 | alternate racing program is requested by the Illinois | ||||||
9 | Standardbred Breeders Fund Advisory Board, which program | ||||||
10 | shall include at least the
following races limited to | ||||||
11 | Illinois conceived and foaled horses: (a) a 2-year-old
| ||||||
12 | Trot and Pace, and Filly Division of each; (b) a | ||||||
13 | 3-year-old Trot and Pace, and Filly Division of each; (c) | ||||||
14 | an aged Trot and Pace,
and Mare Division of each.
| ||||||
15 | 4. Provide for the payment of nominating, sustaining | ||||||
16 | and starting
fees for races promoting the sport of harness | ||||||
17 | racing and for the races
to be conducted at the State Fair | ||||||
18 | as provided in
subsection (j) 3 of this Section provided | ||||||
19 | that the nominating,
sustaining and starting payment | ||||||
20 | required from an entrant shall not
exceed 2% of the purse | ||||||
21 | of such race. All nominating, sustaining and
starting | ||||||
22 | payments shall be held for the benefit of entrants and | ||||||
23 | shall be
paid out as part of the respective purses for such | ||||||
24 | races.
Nominating, sustaining and starting fees shall be | ||||||
25 | held in trust accounts
for the purposes as set forth in | ||||||
26 | this Act and in accordance with Section
205-15 of the |
| |||||||
| |||||||
1 | Department of Agriculture Law.
| ||||||
2 | 5. Provide for the registration with the Department of | ||||||
3 | Agriculture
of Colt Associations or county fairs desiring | ||||||
4 | to sponsor races at county
fairs.
| ||||||
5 | 6. Provide for the promotion of producing standardbred | ||||||
6 | racehorses by providing a bonus award program for owners | ||||||
7 | of 2-year-old horses that win multiple major stakes races | ||||||
8 | that are limited to Illinois conceived and foaled horses. | ||||||
9 | (k) The Department of Agriculture, with the advice and | ||||||
10 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
11 | Board, may allocate monies for purse
supplements for such | ||||||
12 | races. In determining whether to allocate money and
the | ||||||
13 | amount, the Department
of Agriculture shall consider factors, | ||||||
14 | including, but not limited to, the
amount of money | ||||||
15 | appropriated for the Illinois Standardbred Breeders Fund
| ||||||
16 | program, the number of races that may occur, and an | ||||||
17 | organization
licensee's purse structure. The organization | ||||||
18 | licensee shall notify the
Department of Agriculture of the | ||||||
19 | conditions and minimum purses for races
limited to Illinois | ||||||
20 | conceived and foaled horses to be conducted by each | ||||||
21 | organization
licensee conducting a harness racing meeting for | ||||||
22 | which purse
supplements have been negotiated.
| ||||||
23 | (l) All races held at county fairs and the State Fair which | ||||||
24 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
25 | shall be conducted in
accordance with the rules of the United | ||||||
26 | States Trotting Association unless
otherwise modified by the |
| |||||||
| |||||||
1 | Department of Agriculture.
| ||||||
2 | (m) At all standardbred race meetings held or conducted | ||||||
3 | under authority of a
license granted by the Board, and at all | ||||||
4 | standardbred races held at county
fairs which are approved by | ||||||
5 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
6 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
7 | standardbred horse unless he or she is wearing a protective | ||||||
8 | safety helmet,
with the
chin strap fastened and in place, | ||||||
9 | which meets the standards and
requirements as set forth in the | ||||||
10 | 1984 Standard for Protective Headgear for
Use in Harness | ||||||
11 | Racing and Other Equestrian Sports published by the Snell
| ||||||
12 | Memorial Foundation, or any standards and requirements for | ||||||
13 | headgear the
Illinois Racing Board may approve. Any other | ||||||
14 | standards and requirements so
approved by the Board shall | ||||||
15 | equal or exceed those published by the Snell
Memorial | ||||||
16 | Foundation. Any equestrian helmet bearing the Snell label | ||||||
17 | shall
be deemed to have met those standards and requirements.
| ||||||
18 | (Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19; | ||||||
19 | 102-558, eff. 8-20-21.)
| ||||||
20 | Section 15. The Illinois Gambling Act is amended by | ||||||
21 | changing Sections 8 and 13 and by adding Section 8.1 as | ||||||
22 | follows:
| ||||||
23 | (230 ILCS 10/8) (from Ch. 120, par. 2408)
| ||||||
24 | Sec. 8. Suppliers licenses.
|
| |||||||
| |||||||
1 | (a) The Board may issue a suppliers license to such | ||||||
2 | persons, firms or
corporations which apply therefor upon the | ||||||
3 | payment of a non-refundable
application fee set by the Board, | ||||||
4 | upon a determination by the Board that
the applicant is | ||||||
5 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
6 | annual license
fee. At the time of application for a supplier | ||||||
7 | license under this Act, a person that holds a license as a | ||||||
8 | manufacturer, distributor, or supplier under the Video Gaming | ||||||
9 | Act or a supplier license under the Sports Wagering Act shall | ||||||
10 | be entitled to licensure under this Act as a supplier without | ||||||
11 | additional Board investigation or approval, except by vote of | ||||||
12 | the Board; however, the applicant shall pay all fees required | ||||||
13 | for a suppliers license under this Act.
| ||||||
14 | (a-5) Except as provided by Section 8.1, the initial | ||||||
15 | suppliers license shall be issued for 4 years. Thereafter, the | ||||||
16 | license may be renewed for additional 4-year periods unless | ||||||
17 | sooner canceled or terminated. | ||||||
18 | (b) The holder of a suppliers license is authorized to | ||||||
19 | sell or lease,
and to contract to sell or lease, gambling | ||||||
20 | equipment and supplies to any
licensee involved in the | ||||||
21 | ownership or management of gambling operations.
| ||||||
22 | (c) Gambling supplies and equipment may not be distributed
| ||||||
23 | unless supplies and equipment conform to standards adopted by
| ||||||
24 | rules of the Board.
| ||||||
25 | (d) A person, firm or corporation is ineligible to receive | ||||||
26 | a suppliers
license if:
|
| |||||||
| |||||||
1 | (1) the person has been convicted of a felony under | ||||||
2 | the laws of this
State, any other state, or the United | ||||||
3 | States;
| ||||||
4 | (2) the person has been convicted of any violation of | ||||||
5 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012, or substantially similar laws of any other | ||||||
7 | jurisdiction;
| ||||||
8 | (3) the person has submitted an application for a | ||||||
9 | license under this
Act which contains false information;
| ||||||
10 | (4) the person is a member of the Board;
| ||||||
11 | (5) the entity is one in which a person defined in (1),
| ||||||
12 | (2), (3) or (4), is an officer, director or managerial | ||||||
13 | employee;
| ||||||
14 | (6) the firm or corporation employs a person who | ||||||
15 | participates in the
management or operation of gambling | ||||||
16 | authorized under this Act;
| ||||||
17 | (7) the license of the person, firm or corporation | ||||||
18 | issued under
this Act, or a license to own or operate | ||||||
19 | gambling facilities
in any other jurisdiction, has been | ||||||
20 | revoked.
| ||||||
21 | (e) Any person that supplies any equipment, devices, or | ||||||
22 | supplies to a
licensed gambling operation must first obtain a | ||||||
23 | suppliers
license. A supplier shall furnish to the Board a | ||||||
24 | list of all equipment,
devices and supplies offered for sale | ||||||
25 | or lease in connection with gambling
games authorized under | ||||||
26 | this Act. A supplier shall keep books and records
for the |
| |||||||
| |||||||
1 | furnishing of equipment, devices and supplies to gambling
| ||||||
2 | operations separate and distinct from any other business that | ||||||
3 | the supplier
might operate. A supplier shall file a quarterly | ||||||
4 | return with the Board
listing all sales and leases. A supplier | ||||||
5 | shall permanently affix its name or a distinctive logo or | ||||||
6 | other mark or design element identifying the manufacturer or | ||||||
7 | supplier
to all its equipment, devices, and supplies, except | ||||||
8 | gaming chips without a value impressed, engraved, or imprinted | ||||||
9 | on it, for gambling operations.
The Board may waive this | ||||||
10 | requirement for any specific product or products if it | ||||||
11 | determines that the requirement is not necessary to protect | ||||||
12 | the integrity of the game. Items purchased from a licensed | ||||||
13 | supplier may continue to be used even though the supplier | ||||||
14 | subsequently changes its name, distinctive logo, or other mark | ||||||
15 | or design element; undergoes a change in ownership; or ceases | ||||||
16 | to be licensed as a supplier for any reason. Any supplier's | ||||||
17 | equipment, devices or supplies which are used by any person
in | ||||||
18 | an unauthorized gambling operation shall be forfeited to the | ||||||
19 | State. A holder of an owners license or an organization gaming | ||||||
20 | license may own its own equipment, devices and supplies. Each
| ||||||
21 | holder of an owners license or an organization gaming license | ||||||
22 | under the Act shall file an annual report
listing its | ||||||
23 | inventories of gambling equipment, devices and supplies.
| ||||||
24 | (f) Any person who knowingly makes a false statement on an | ||||||
25 | application
is guilty of a Class A misdemeanor.
| ||||||
26 | (g) Any gambling equipment, devices and supplies provided |
| |||||||
| |||||||
1 | by any
licensed supplier may either be repaired on the | ||||||
2 | riverboat, in the casino, or at the organization gaming | ||||||
3 | facility or removed from
the riverboat, casino, or | ||||||
4 | organization gaming facility to a facility owned by the holder | ||||||
5 | of an owners
license, organization gaming license, or | ||||||
6 | suppliers license for repair.
| ||||||
7 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
8 | (230 ILCS 10/8.1 new) | ||||||
9 | Sec. 8.1. Harmonization of supplier category licenses. | ||||||
10 | (a) As used in this Section, "supplier category license" | ||||||
11 | means a suppliers license issued under this Act, a supplier | ||||||
12 | license issued under the Sports Wagering Act, or a | ||||||
13 | manufacturer, distributor, or supplier license issued under | ||||||
14 | the Video Gaming Act. | ||||||
15 | (b) If a holder of any supplier category license is | ||||||
16 | granted an additional supplier category license, the initial | ||||||
17 | period of the new supplier category license shall expire at | ||||||
18 | the earliest expiration date of any other supplier category | ||||||
19 | license held by the licensee. If a licensee holds multiple | ||||||
20 | supplier category licenses on the effective date of this | ||||||
21 | amendatory Act of the 102nd General Assembly, all supplier | ||||||
22 | category licenses shall expire at the earliest expiration date | ||||||
23 | of any of the supplier category licenses held by the licensee.
| ||||||
24 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
| |||||||
| |||||||
1 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
2 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
3 | gross
receipts received from gambling games authorized under | ||||||
4 | this Act at the rate of
20%.
| ||||||
5 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
6 | tax is
imposed on persons engaged in the business of | ||||||
7 | conducting riverboat gambling
operations, based on the | ||||||
8 | adjusted gross receipts received by a licensed owner
from | ||||||
9 | gambling games authorized under this Act at the following | ||||||
10 | rates:
| ||||||
11 | 15% of annual adjusted gross receipts up to and | ||||||
12 | including $25,000,000;
| ||||||
13 | 20% of annual adjusted gross receipts in excess of | ||||||
14 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
15 | 25% of annual adjusted gross receipts in excess of | ||||||
16 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
17 | 30% of annual adjusted gross receipts in excess of | ||||||
18 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
19 | 35% of annual adjusted gross receipts in excess of | ||||||
20 | $100,000,000.
| ||||||
21 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
22 | is imposed on
persons engaged in the business of conducting | ||||||
23 | riverboat gambling operations,
other than licensed managers | ||||||
24 | conducting riverboat gambling operations on behalf
of the | ||||||
25 | State, based on the adjusted gross receipts received by a | ||||||
26 | licensed
owner from gambling games authorized under this Act |
| |||||||
| |||||||
1 | at the following rates:
| ||||||
2 | 15% of annual adjusted gross receipts up to and | ||||||
3 | including $25,000,000;
| ||||||
4 | 22.5% of annual adjusted gross receipts in excess of | ||||||
5 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
6 | 27.5% of annual adjusted gross receipts in excess of | ||||||
7 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
8 | 32.5% of annual adjusted gross receipts in excess of | ||||||
9 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
10 | 37.5% of annual adjusted gross receipts in excess of | ||||||
11 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
12 | 45% of annual adjusted gross receipts in excess of | ||||||
13 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
14 | 50% of annual adjusted gross receipts in excess of | ||||||
15 | $200,000,000.
| ||||||
16 | (a-3) Beginning July 1, 2003, a privilege tax is imposed | ||||||
17 | on persons engaged
in the business of conducting riverboat | ||||||
18 | gambling operations, other than
licensed managers conducting | ||||||
19 | riverboat gambling operations on behalf of the
State, based on | ||||||
20 | the adjusted gross receipts received by a licensed owner from
| ||||||
21 | gambling games authorized under this Act at the following | ||||||
22 | rates:
| ||||||
23 | 15% of annual adjusted gross receipts up to and | ||||||
24 | including $25,000,000;
| ||||||
25 | 27.5% of annual adjusted gross receipts in excess of | ||||||
26 | $25,000,000 but not
exceeding $37,500,000;
|
| |||||||
| |||||||
1 | 32.5% of annual adjusted gross receipts in excess of | ||||||
2 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
3 | 37.5% of annual adjusted gross receipts in excess of | ||||||
4 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
5 | 45% of annual adjusted gross receipts in excess of | ||||||
6 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
7 | 50% of annual adjusted gross receipts in excess of | ||||||
8 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
9 | 70% of annual adjusted gross receipts in excess of | ||||||
10 | $250,000,000.
| ||||||
11 | An amount equal to the amount of wagering taxes collected | ||||||
12 | under this
subsection (a-3) that are in addition to the amount | ||||||
13 | of wagering taxes that
would have been collected if the | ||||||
14 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
15 | be paid into the Common School Fund.
| ||||||
16 | The privilege tax imposed under this subsection (a-3) | ||||||
17 | shall no longer be
imposed beginning on the earlier of (i) July | ||||||
18 | 1, 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
19 | gambling operations are conducted
pursuant to a dormant | ||||||
20 | license; or (iii) the first day that riverboat gambling
| ||||||
21 | operations are conducted under the authority of an owners | ||||||
22 | license that is in
addition to the 10 owners licenses | ||||||
23 | initially authorized under this Act.
For the purposes of this | ||||||
24 | subsection (a-3), the term "dormant license"
means an owners | ||||||
25 | license that is authorized by this Act under which no
| ||||||
26 | riverboat gambling operations are being conducted on June 20, |
| |||||||
| |||||||
1 | 2003.
| ||||||
2 | (a-4) Beginning on the first day on which the tax imposed | ||||||
3 | under
subsection (a-3) is no longer imposed and ending upon | ||||||
4 | the imposition of the privilege tax under subsection (a-5) of | ||||||
5 | this Section, a privilege tax is imposed on persons
engaged in | ||||||
6 | the business of conducting gambling operations, other
than | ||||||
7 | licensed managers conducting riverboat gambling operations on | ||||||
8 | behalf of
the State, based on the adjusted gross receipts | ||||||
9 | received by a licensed owner
from gambling games authorized | ||||||
10 | under this Act at the following rates:
| ||||||
11 | 15% of annual adjusted gross receipts up to and | ||||||
12 | including $25,000,000;
| ||||||
13 | 22.5% of annual adjusted gross receipts in excess of | ||||||
14 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
15 | 27.5% of annual adjusted gross receipts in excess of | ||||||
16 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
17 | 32.5% of annual adjusted gross receipts in excess of | ||||||
18 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
19 | 37.5% of annual adjusted gross receipts in excess of | ||||||
20 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
21 | 45% of annual adjusted gross receipts in excess of | ||||||
22 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
23 | 50% of annual adjusted gross receipts in excess of | ||||||
24 | $200,000,000.
| ||||||
25 | For the imposition of the privilege tax in this subsection | ||||||
26 | (a-4), amounts paid pursuant to item (1) of subsection (b) of |
| |||||||
| |||||||
1 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
2 | be included in the determination of adjusted gross receipts. | ||||||
3 | (a-5)(1) Beginning on July 1, 2020, a privilege tax is | ||||||
4 | imposed on persons engaged in the business of conducting | ||||||
5 | gambling operations, other than the owners licensee under | ||||||
6 | paragraph (1) of subsection (e-5) of Section 7 and licensed | ||||||
7 | managers conducting riverboat gambling operations on behalf of | ||||||
8 | the State, based on the adjusted gross receipts received by | ||||||
9 | such licensee from the gambling games authorized under this | ||||||
10 | Act. The privilege tax for all gambling games other than table | ||||||
11 | games, including, but not limited to, slot machines, video | ||||||
12 | game of chance gambling, and electronic gambling games shall | ||||||
13 | be at the following rates: | ||||||
14 | 15% of annual adjusted gross receipts up to and | ||||||
15 | including $25,000,000; | ||||||
16 | 22.5% of annual adjusted gross receipts in excess of | ||||||
17 | $25,000,000 but not exceeding $50,000,000; | ||||||
18 | 27.5% of annual adjusted gross receipts in excess of | ||||||
19 | $50,000,000 but not exceeding $75,000,000; | ||||||
20 | 32.5% of annual adjusted gross receipts in excess of | ||||||
21 | $75,000,000 but not exceeding $100,000,000; | ||||||
22 | 37.5% of annual adjusted gross receipts in excess of | ||||||
23 | $100,000,000 but not exceeding $150,000,000; | ||||||
24 | 45% of annual adjusted gross receipts in excess of | ||||||
25 | $150,000,000 but not exceeding $200,000,000; | ||||||
26 | 50% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $200,000,000. | ||||||
2 | The privilege tax for table games shall be at the | ||||||
3 | following rates: | ||||||
4 | 15% of annual adjusted gross receipts up to and | ||||||
5 | including $25,000,000; | ||||||
6 | 20% of annual adjusted gross receipts in excess of | ||||||
7 | $25,000,000. | ||||||
8 | For the imposition of the privilege tax in this subsection | ||||||
9 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
10 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
11 | be included in the determination of adjusted gross receipts. | ||||||
12 | (2) Beginning on the first day that an owners licensee | ||||||
13 | under paragraph (1) of subsection (e-5) of Section 7 conducts | ||||||
14 | gambling operations, either in a temporary facility or a | ||||||
15 | permanent facility, a privilege tax is imposed on persons | ||||||
16 | engaged in the business of conducting gambling operations | ||||||
17 | under paragraph (1) of subsection (e-5) of Section 7, other | ||||||
18 | than licensed managers conducting riverboat gambling | ||||||
19 | operations on behalf of the State, based on the adjusted gross | ||||||
20 | receipts received by such licensee from the gambling games | ||||||
21 | authorized under this Act. The privilege tax for all gambling | ||||||
22 | games other than table games, including, but not limited to, | ||||||
23 | slot machines, video game of chance gambling, and electronic | ||||||
24 | gambling games shall be at the following rates: | ||||||
25 | 12% of annual adjusted gross receipts up to and
| ||||||
26 | including $25,000,000 to the State and 10.5% of annual |
| |||||||
| |||||||
1 | adjusted gross receipts up to and including $25,000,000 to | ||||||
2 | the City of Chicago; | ||||||
3 | 16% of annual adjusted gross receipts in excess of
| ||||||
4 | $25,000,000 but not exceeding $50,000,000 to the State and | ||||||
5 | 14% of annual adjusted gross receipts in excess of | ||||||
6 | $25,000,000 but not exceeding $50,000,000 to the City of | ||||||
7 | Chicago; | ||||||
8 | 20.1% of annual adjusted gross receipts in excess of
| ||||||
9 | $50,000,000 but not exceeding $75,000,000 to the State and | ||||||
10 | 17.4% of annual adjusted gross receipts in excess of | ||||||
11 | $50,000,000 but not exceeding $75,000,000 to the City of | ||||||
12 | Chicago; | ||||||
13 | 21.4% of annual adjusted gross receipts in excess of
| ||||||
14 | $75,000,000 but not exceeding $100,000,000 to the State | ||||||
15 | and 18.6% of annual adjusted gross receipts in excess of | ||||||
16 | $75,000,000 but not exceeding $100,000,000 to the City of | ||||||
17 | Chicago; | ||||||
18 | 22.7% of annual adjusted gross receipts in excess of
| ||||||
19 | $100,000,000 but not exceeding $150,000,000 to the State | ||||||
20 | and 19.8% of annual adjusted gross receipts in excess of | ||||||
21 | $100,000,000 but not exceeding $150,000,000 to the City of | ||||||
22 | Chicago; | ||||||
23 | 24.1% of annual adjusted gross receipts in excess of
| ||||||
24 | $150,000,000 but not exceeding $225,000,000 to the State | ||||||
25 | and 20.9% of annual adjusted gross receipts in excess of | ||||||
26 | $150,000,000 but not exceeding $225,000,000 to the City of |
| |||||||
| |||||||
1 | Chicago; | ||||||
2 | 26.8% of annual adjusted gross receipts in excess of
| ||||||
3 | $225,000,000 but not exceeding $1,000,000,000 to the State | ||||||
4 | and 23.2% of annual adjusted gross receipts in excess of | ||||||
5 | $225,000,000 but not exceeding $1,000,000,000 to the City | ||||||
6 | of Chicago; | ||||||
7 | 40% of annual adjusted gross receipts in excess of | ||||||
8 | $1,000,000,000 to the State and 34.7% of annual gross | ||||||
9 | receipts in excess of $1,000,000,000 to the City of | ||||||
10 | Chicago. | ||||||
11 | The privilege tax for table games shall be at the | ||||||
12 | following rates: | ||||||
13 | 8.1% of annual adjusted gross receipts up to and | ||||||
14 | including $25,000,000 to the State and 6.9% of annual | ||||||
15 | adjusted gross receipts up to and including $25,000,000 to | ||||||
16 | the City of Chicago; | ||||||
17 | 10.7% of annual adjusted gross receipts in excess of | ||||||
18 | $25,000,000 but not exceeding $75,000,000 to the State and | ||||||
19 | 9.3% of annual adjusted gross receipts in excess of | ||||||
20 | $25,000,000 but not exceeding $75,000,000 to the City of | ||||||
21 | Chicago; | ||||||
22 | 11.2% of annual adjusted gross receipts in excess of | ||||||
23 | $75,000,000 but not exceeding $175,000,000 to the State | ||||||
24 | and 9.8% of annual adjusted gross receipts in excess of | ||||||
25 | $75,000,000 but not exceeding $175,000,000 to the City of | ||||||
26 | Chicago; |
| |||||||
| |||||||
1 | 13.5% of annual adjusted gross receipts in excess of | ||||||
2 | $175,000,000 but not exceeding $225,000,000 to the State | ||||||
3 | and 11.5% of annual adjusted gross receipts in excess of | ||||||
4 | $175,000,000 but not exceeding $225,000,000 to the City of | ||||||
5 | Chicago; | ||||||
6 | 15.1% of annual adjusted gross receipts in excess of | ||||||
7 | $225,000,000 but not exceeding $275,000,000 to the State | ||||||
8 | and 12.9% of annual adjusted gross receipts in excess of | ||||||
9 | $225,000,000 but not exceeding $275,000,000 to the City of | ||||||
10 | Chicago; | ||||||
11 | 16.2% of annual adjusted gross receipts in excess of | ||||||
12 | $275,000,000 but not exceeding $375,000,000 to the State | ||||||
13 | and 13.8% of annual adjusted gross receipts in excess of | ||||||
14 | $275,000,000 but not exceeding $375,000,000 to the City of | ||||||
15 | Chicago; | ||||||
16 | 18.9% of annual adjusted gross receipts in excess of | ||||||
17 | $375,000,000 to the State and 16.1% of annual gross | ||||||
18 | receipts in excess of $375,000,000 to the City of Chicago. | ||||||
19 | For the imposition of the privilege tax in this subsection | ||||||
20 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
21 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
22 | be included in the determination of adjusted gross receipts. | ||||||
23 | Notwithstanding the provisions of this subsection (a-5), | ||||||
24 | for the first 10 years that the privilege tax is imposed under | ||||||
25 | this subsection (a-5), the privilege tax shall be imposed on | ||||||
26 | the modified annual adjusted gross receipts of a riverboat or |
| |||||||
| |||||||
1 | casino conducting gambling operations in the City of East St. | ||||||
2 | Louis, unless: | ||||||
3 | (1) the riverboat or casino fails to employ at least | ||||||
4 | 450 people , except no minimum employment shall be required | ||||||
5 | during 2020 and 2021 or during periods that the riverboat | ||||||
6 | or casino is closed on orders of State officials for | ||||||
7 | public health emergencies or other emergencies not caused | ||||||
8 | by the riverboat or casino ; | ||||||
9 | (2) the riverboat or casino fails to maintain | ||||||
10 | operations in a manner consistent with this Act or is not a | ||||||
11 | viable riverboat or casino subject to the approval of the | ||||||
12 | Board; or | ||||||
13 | (3) the owners licensee is not an entity in which | ||||||
14 | employees participate in an employee stock ownership plan | ||||||
15 | or in which the owners licensee sponsors a 401(k) | ||||||
16 | retirement plan and makes a matching employer contribution | ||||||
17 | equal to at least one-quarter of the first 12% or one-half | ||||||
18 | of the first 6% of each participating employee's | ||||||
19 | contribution, not to exceed any limitations under federal | ||||||
20 | laws and regulations . | ||||||
21 | As used in this subsection (a-5), "modified annual | ||||||
22 | adjusted gross receipts" means: | ||||||
23 | (A) for calendar year 2020, the annual adjusted gross | ||||||
24 | receipts for the current year minus the difference between | ||||||
25 | an amount equal to the average annual adjusted gross | ||||||
26 | receipts from a riverboat or casino conducting gambling |
| |||||||
| |||||||
1 | operations in the City of East St. Louis for 2014, 2015, | ||||||
2 | 2016, 2017, and 2018 and the annual adjusted gross | ||||||
3 | receipts for 2018; | ||||||
4 | (B) for calendar year 2021, the annual adjusted gross | ||||||
5 | receipts for the current year minus the difference between | ||||||
6 | an amount equal to the average annual adjusted gross | ||||||
7 | receipts from a riverboat or casino conducting gambling | ||||||
8 | operations in the City of East St. Louis for 2014, 2015, | ||||||
9 | 2016, 2017, and 2018 and the annual adjusted gross | ||||||
10 | receipts for 2019; and | ||||||
11 | (C) for calendar years 2022 through 2029, the annual | ||||||
12 | adjusted gross receipts for the current year minus the | ||||||
13 | difference between an amount equal to the average annual | ||||||
14 | adjusted gross receipts from a riverboat or casino | ||||||
15 | conducting gambling operations in the City of East St. | ||||||
16 | Louis for 3 years preceding the current year and the | ||||||
17 | annual adjusted gross receipts for the immediately | ||||||
18 | preceding year. | ||||||
19 | (a-6) From June 28, 2019 (the effective date of Public Act | ||||||
20 | 101-31) until June 30, 2023, an owners licensee that conducted | ||||||
21 | gambling operations prior to January 1, 2011 shall receive a | ||||||
22 | dollar-for-dollar credit against the tax imposed under this | ||||||
23 | Section for any renovation or construction costs paid by the | ||||||
24 | owners licensee, but in no event shall the credit exceed | ||||||
25 | $2,000,000. | ||||||
26 | Additionally, from June 28, 2019 (the effective date of |
| |||||||
| |||||||
1 | Public Act 101-31) until December 31, 2022, an owners licensee | ||||||
2 | that (i) is located within 15 miles of the Missouri border, and | ||||||
3 | (ii) has at least 3 riverboats, casinos, or their equivalent | ||||||
4 | within a 45-mile radius, may be authorized to relocate to a new | ||||||
5 | location with the approval of both the unit of local | ||||||
6 | government designated as the home dock and the Board, so long | ||||||
7 | as the new location is within the same unit of local government | ||||||
8 | and no more than 3 miles away from its original location. Such | ||||||
9 | owners licensee shall receive a credit against the tax imposed | ||||||
10 | under this Section equal to 8% of the total project costs, as | ||||||
11 | approved by the Board, for any renovation or construction | ||||||
12 | costs paid by the owners licensee for the construction of the | ||||||
13 | new facility, provided that the new facility is operational by | ||||||
14 | July 1, 2022. In determining whether or not to approve a | ||||||
15 | relocation, the Board must consider the extent to which the | ||||||
16 | relocation will diminish the gaming revenues received by other | ||||||
17 | Illinois gaming facilities. | ||||||
18 | (a-7) Beginning in the initial adjustment year and through | ||||||
19 | the final adjustment year, if the total obligation imposed | ||||||
20 | pursuant to either subsection (a-5) or (a-6) will result in an | ||||||
21 | owners licensee receiving less after-tax adjusted gross | ||||||
22 | receipts than it received in calendar year 2018, then the | ||||||
23 | total amount of privilege taxes that the owners licensee is | ||||||
24 | required to pay for that calendar year shall be reduced to the | ||||||
25 | extent necessary so that the after-tax adjusted gross receipts | ||||||
26 | in that calendar year equals the after-tax adjusted gross |
| |||||||
| |||||||
1 | receipts in calendar year 2018, but the privilege tax | ||||||
2 | reduction shall not exceed the annual adjustment cap. If | ||||||
3 | pursuant to this subsection (a-7), the total obligation | ||||||
4 | imposed pursuant to either subsection (a-5) or (a-6) shall be | ||||||
5 | reduced, then the owners licensee shall not receive a refund | ||||||
6 | from the State at the end of the subject calendar year but | ||||||
7 | instead shall be able to apply that amount as a credit against | ||||||
8 | any payments it owes to the State in the following calendar | ||||||
9 | year to satisfy its total obligation under either subsection | ||||||
10 | (a-5) or (a-6). The credit for the final adjustment year shall | ||||||
11 | occur in the calendar year following the final adjustment | ||||||
12 | year. | ||||||
13 | If an owners licensee that conducted gambling operations | ||||||
14 | prior to January 1, 2019 expands its riverboat or casino, | ||||||
15 | including, but not limited to, with respect to its gaming | ||||||
16 | floor, additional non-gaming amenities such as restaurants, | ||||||
17 | bars, and hotels and other additional facilities, and incurs | ||||||
18 | construction and other costs related to such expansion from | ||||||
19 | June 28, 2019 (the effective date of Public Act 101-31) until | ||||||
20 | June 28, 2024 (the 5th anniversary of the effective date of | ||||||
21 | Public Act 101-31), then for each $15,000,000 spent for any | ||||||
22 | such construction or other costs related to expansion paid by | ||||||
23 | the owners licensee, the final adjustment year shall be | ||||||
24 | extended by one year and the annual adjustment cap shall | ||||||
25 | increase by 0.2% of adjusted gross receipts during each | ||||||
26 | calendar year until and including the final adjustment year. |
| |||||||
| |||||||
1 | No further modifications to the final adjustment year or | ||||||
2 | annual adjustment cap shall be made after $75,000,000 is | ||||||
3 | incurred in construction or other costs related to expansion | ||||||
4 | so that the final adjustment year shall not extend beyond the | ||||||
5 | 9th calendar year after the initial adjustment year, not | ||||||
6 | including the initial adjustment year, and the annual | ||||||
7 | adjustment cap shall not exceed 4% of adjusted gross receipts | ||||||
8 | in a particular calendar year. Construction and other costs | ||||||
9 | related to expansion shall include all project related costs, | ||||||
10 | including, but not limited to, all hard and soft costs, | ||||||
11 | financing costs, on or off-site ground, road or utility work, | ||||||
12 | cost of gaming equipment and all other personal property, | ||||||
13 | initial fees assessed for each incremental gaming position, | ||||||
14 | and the cost of incremental land acquired for such expansion. | ||||||
15 | Soft costs shall include, but not be limited to, legal fees, | ||||||
16 | architect, engineering and design costs, other consultant | ||||||
17 | costs, insurance cost, permitting costs, and pre-opening costs | ||||||
18 | related to the expansion, including, but not limited to, any | ||||||
19 | of the following: marketing, real estate taxes, personnel, | ||||||
20 | training, travel and out-of-pocket expenses, supply, | ||||||
21 | inventory, and other costs, and any other project related soft | ||||||
22 | costs. | ||||||
23 | To be eligible for the tax credits in subsection (a-6), | ||||||
24 | all construction contracts shall include a requirement that | ||||||
25 | the contractor enter into a project labor agreement with the | ||||||
26 | building and construction trades council with geographic |
| |||||||
| |||||||
1 | jurisdiction of the location of the proposed gaming facility. | ||||||
2 | Notwithstanding any other provision of this subsection | ||||||
3 | (a-7), this subsection (a-7) does not apply to an owners | ||||||
4 | licensee unless such owners licensee spends at least | ||||||
5 | $15,000,000 on construction and other costs related to its | ||||||
6 | expansion, excluding the initial fees assessed for each | ||||||
7 | incremental gaming position. | ||||||
8 | This subsection (a-7) does not apply to owners licensees
| ||||||
9 | authorized pursuant to subsection (e-5) of Section 7 of this
| ||||||
10 | Act. | ||||||
11 | For purposes of this subsection (a-7): | ||||||
12 | "Building and construction trades council" means any | ||||||
13 | organization representing multiple construction entities that | ||||||
14 | are monitoring or attentive to compliance with public or | ||||||
15 | workers' safety laws, wage and hour requirements, or other | ||||||
16 | statutory requirements or that are making or maintaining | ||||||
17 | collective bargaining agreements. | ||||||
18 | "Initial adjustment year" means the year commencing on | ||||||
19 | January 1 of the calendar year immediately following the | ||||||
20 | earlier of the following: | ||||||
21 | (1) the commencement of gambling operations, either in | ||||||
22 | a temporary or permanent facility, with respect to the | ||||||
23 | owners license authorized under paragraph (1) of | ||||||
24 | subsection (e-5) of Section 7 of this Act; or | ||||||
25 | (2) June 28, 2021 (24 months after the effective date | ||||||
26 | of Public Act 101-31); |
| |||||||
| |||||||
1 | provided the initial adjustment year shall not commence | ||||||
2 | earlier than June 28, 2020 (12 months after the effective date | ||||||
3 | of Public Act 101-31). | ||||||
4 | "Final adjustment year" means the 2nd calendar year after | ||||||
5 | the initial adjustment year, not including the initial | ||||||
6 | adjustment year, and as may be extended further as described | ||||||
7 | in this subsection (a-7). | ||||||
8 | "Annual adjustment cap" means 3% of adjusted gross | ||||||
9 | receipts in a particular calendar year, and as may be | ||||||
10 | increased further as otherwise described in this subsection | ||||||
11 | (a-7). | ||||||
12 | (a-8) Riverboat gambling operations conducted by a | ||||||
13 | licensed manager on
behalf of the State are not subject to the | ||||||
14 | tax imposed under this Section.
| ||||||
15 | (a-9) Beginning on January 1, 2020, the calculation of | ||||||
16 | gross receipts or adjusted gross receipts, for the purposes of | ||||||
17 | this Section, for a riverboat, a casino, or an organization | ||||||
18 | gaming facility shall not include the dollar amount of | ||||||
19 | non-cashable vouchers, coupons, and electronic promotions | ||||||
20 | redeemed by wagerers upon the riverboat, in the casino, or in | ||||||
21 | the organization gaming facility up to and including an amount | ||||||
22 | not to exceed 20% of a riverboat's, a casino's, or an | ||||||
23 | organization gaming facility's adjusted gross receipts. | ||||||
24 | The Illinois Gaming Board shall submit to the General | ||||||
25 | Assembly a comprehensive report no later than March 31, 2023 | ||||||
26 | detailing, at a minimum, the effect of removing non-cashable |
| |||||||
| |||||||
1 | vouchers, coupons, and electronic promotions from this | ||||||
2 | calculation on net gaming revenues to the State in calendar | ||||||
3 | years 2020 through 2022, the increase or reduction in wagerers | ||||||
4 | as a result of removing non-cashable vouchers, coupons, and | ||||||
5 | electronic promotions from this calculation, the effect of the | ||||||
6 | tax rates in subsection (a-5) on net gaming revenues to this | ||||||
7 | State, and proposed modifications to the calculation. | ||||||
8 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
9 | the licensed
owner or the organization gaming licensee to the | ||||||
10 | Board not later than 5:00 o'clock p.m. of the day after the day
| ||||||
11 | when the wagers were made.
| ||||||
12 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
13 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
14 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
15 | licensee, other than an owners licensee that admitted | ||||||
16 | 1,000,000 persons or
fewer in calendar year 2004, must, in | ||||||
17 | addition to the payment of all amounts otherwise due under | ||||||
18 | this Section, pay to the Board a reconciliation payment in the | ||||||
19 | amount, if any, by which the licensed owner's base amount | ||||||
20 | exceeds the amount of net privilege tax paid by the licensed | ||||||
21 | owner to the Board in the then current State fiscal year. A | ||||||
22 | licensed owner's net privilege tax obligation due for the | ||||||
23 | balance of the State fiscal year shall be reduced up to the | ||||||
24 | total of the amount paid by the licensed owner in its June 15 | ||||||
25 | reconciliation payment. The obligation imposed by this | ||||||
26 | subsection (a-15) is binding on any person, firm, corporation, |
| |||||||
| |||||||
1 | or other entity that acquires an ownership interest in any | ||||||
2 | such owners license. The obligation imposed under this | ||||||
3 | subsection (a-15) terminates on the earliest of: (i) July 1, | ||||||
4 | 2007, (ii) the first day after the effective date of this | ||||||
5 | amendatory Act of the 94th General Assembly that riverboat | ||||||
6 | gambling operations are conducted pursuant to a dormant | ||||||
7 | license, (iii) the first day that riverboat gambling | ||||||
8 | operations are conducted under the authority of an owners | ||||||
9 | license that is in addition to the 10 owners licenses | ||||||
10 | initially authorized under this Act, or (iv) the first day | ||||||
11 | that a licensee under the Illinois Horse Racing Act of 1975 | ||||||
12 | conducts gaming operations with slot machines or other | ||||||
13 | electronic gaming devices. The Board must reduce the | ||||||
14 | obligation imposed under this subsection (a-15) by an amount | ||||||
15 | the Board deems reasonable for any of the following reasons: | ||||||
16 | (A) an act or acts of God, (B) an act of bioterrorism or | ||||||
17 | terrorism or a bioterrorism or terrorism threat that was | ||||||
18 | investigated by a law enforcement agency, or (C) a condition | ||||||
19 | beyond the control of the owners licensee that does not result | ||||||
20 | from any act or omission by the owners licensee or any of its | ||||||
21 | agents and that poses a hazardous threat to the health and | ||||||
22 | safety of patrons. If an owners licensee pays an amount in | ||||||
23 | excess of its liability under this Section, the Board shall | ||||||
24 | apply the overpayment to future payments required under this | ||||||
25 | Section. | ||||||
26 | For purposes of this subsection (a-15): |
| |||||||
| |||||||
1 | "Act of God" means an incident caused by the operation of | ||||||
2 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
3 | avoided by the exercise of due care, and for which no person | ||||||
4 | can 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 | ||||||
15 | subsection (a-3).
| ||||||
16 | "Net privilege tax" means all privilege taxes paid by a | ||||||
17 | licensed owner to the Board under this Section, less all | ||||||
18 | payments made from the State Gaming Fund pursuant to | ||||||
19 | subsection (b) of this Section. | ||||||
20 | The changes made to this subsection (a-15) by Public Act | ||||||
21 | 94-839 are intended to restate and clarify the intent of | ||||||
22 | Public Act 94-673 with respect to the amount of the payments | ||||||
23 | required to be made under this subsection by an owners | ||||||
24 | licensee to the Board.
| ||||||
25 | (b) From the tax revenue from riverboat or casino gambling
| ||||||
26 | deposited in the State Gaming Fund under this Section, an |
| |||||||
| |||||||
1 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
2 | riverboat or a casino, other than a riverboat or casino | ||||||
3 | designated in paragraph (1), (3), or (4) of subsection (e-5) | ||||||
4 | of Section 7, shall be paid monthly, subject
to appropriation | ||||||
5 | by the General Assembly, to the unit of local government in | ||||||
6 | which the casino is located or that
is designated as the home | ||||||
7 | dock of the riverboat. Notwithstanding anything to the | ||||||
8 | contrary, beginning on the first day that an owners licensee | ||||||
9 | under paragraph (1), (2), (3), (4), (5), or (6) of subsection | ||||||
10 | (e-5) of Section 7 conducts gambling operations, either in a | ||||||
11 | temporary facility or a permanent facility, and for 2 years | ||||||
12 | thereafter, a unit of local government designated as the home | ||||||
13 | dock of a riverboat whose license was issued before January 1, | ||||||
14 | 2019, other than a riverboat conducting gambling operations in | ||||||
15 | the City of East St. Louis, shall not receive less under this | ||||||
16 | subsection (b) than the amount the unit of local government | ||||||
17 | received under this subsection (b) in calendar year 2018. | ||||||
18 | Notwithstanding anything to the contrary and because the City | ||||||
19 | of East St. Louis is a financially distressed city, beginning | ||||||
20 | on the first day that an owners licensee under paragraph (1), | ||||||
21 | (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 | ||||||
22 | conducts gambling operations, either in a temporary facility | ||||||
23 | or a permanent facility, and for 10 years thereafter, a unit of | ||||||
24 | local government designated as the home dock of a riverboat | ||||||
25 | conducting gambling operations in the City of East St. Louis | ||||||
26 | shall not receive less under this subsection (b) than the |
| |||||||
| |||||||
1 | amount the unit of local government received under this | ||||||
2 | subsection (b) in calendar year 2018. | ||||||
3 | From the tax revenue
deposited in the State Gaming Fund | ||||||
4 | pursuant to riverboat or casino gambling operations
conducted | ||||||
5 | by a licensed manager on behalf of the State, an amount equal | ||||||
6 | to 5%
of adjusted gross receipts generated pursuant to those | ||||||
7 | riverboat or casino gambling
operations shall be paid monthly,
| ||||||
8 | subject to appropriation by the General Assembly, to the unit | ||||||
9 | of local
government that is designated as the home dock of the | ||||||
10 | riverboat upon which
those riverboat gambling operations are | ||||||
11 | conducted or in which the casino is located. | ||||||
12 | From the tax revenue from riverboat or casino gambling | ||||||
13 | deposited in the State Gaming Fund under this Section, an | ||||||
14 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
15 | a riverboat designated in paragraph (3) of subsection (e-5) of | ||||||
16 | Section 7 shall be divided and remitted monthly, subject to | ||||||
17 | appropriation, as follows: 70% to Waukegan, 10% to Park City, | ||||||
18 | 15% to North Chicago, and 5% to Lake County. | ||||||
19 | From the tax revenue from riverboat or casino gambling | ||||||
20 | deposited in the State Gaming Fund under this Section, an | ||||||
21 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
22 | a riverboat designated in paragraph (4) of subsection (e-5) of | ||||||
23 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
24 | as follows: 70% to the City of Rockford, 5% to the City of | ||||||
25 | Loves Park, 5% to the Village of Machesney, and 20% to | ||||||
26 | Winnebago County. |
| |||||||
| |||||||
1 | From the tax revenue from riverboat or casino gambling | ||||||
2 | deposited in the State Gaming Fund under this Section, an | ||||||
3 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
4 | a riverboat designated in paragraph (5) of subsection (e-5) of | ||||||
5 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
6 | as follows: 2% to the unit of local government in which the | ||||||
7 | riverboat or casino is located, and 3% shall be distributed: | ||||||
8 | (A) in accordance with a regional capital development plan | ||||||
9 | entered into by the following communities: Village of Beecher, | ||||||
10 | City of Blue Island, Village of Burnham, City of Calumet City, | ||||||
11 | Village of Calumet Park, City of Chicago Heights, City of | ||||||
12 | Country Club Hills, Village of Crestwood, Village of Crete, | ||||||
13 | Village of Dixmoor, Village of Dolton, Village of East Hazel | ||||||
14 | Crest, Village of Flossmoor, Village of Ford Heights, Village | ||||||
15 | of Glenwood, City of Harvey, Village of Hazel Crest, Village | ||||||
16 | of Homewood, Village of Lansing, Village of Lynwood, City of | ||||||
17 | Markham, Village of Matteson, Village of Midlothian, Village | ||||||
18 | of Monee, City of Oak Forest, Village of Olympia Fields, | ||||||
19 | Village of Orland Hills, Village of Orland Park, City of Palos | ||||||
20 | Heights, Village of Park Forest, Village of Phoenix, Village | ||||||
21 | of Posen, Village of Richton Park, Village of Riverdale, | ||||||
22 | Village of Robbins, Village of Sauk Village, Village of South | ||||||
23 | Chicago Heights, Village of South Holland, Village of Steger, | ||||||
24 | Village of Thornton, Village of Tinley Park, Village of | ||||||
25 | University Park and Village of Worth; or (B) if no regional | ||||||
26 | capital development plan exists, equally among the communities |
| |||||||
| |||||||
1 | listed in item (A) to be used for capital expenditures or | ||||||
2 | public pension payments, or both. | ||||||
3 | Units of local government may refund any portion of the | ||||||
4 | payment that they receive pursuant to this subsection (b) to | ||||||
5 | the riverboat or casino.
| ||||||
6 | (b-4) Beginning on the first day the licensee under | ||||||
7 | paragraph (5) of subsection (e-5) of Section 7 conducts | ||||||
8 | gambling operations, either in a temporary facility or a | ||||||
9 | permanent facility, and ending on July 31, 2042, from the tax | ||||||
10 | revenue deposited in the State Gaming Fund under this Section, | ||||||
11 | $5,000,000 shall be paid annually, subject
to appropriation, | ||||||
12 | to the host municipality of that owners licensee of a license | ||||||
13 | issued or re-issued pursuant to Section
7.1 of this Act before | ||||||
14 | January 1, 2012. Payments received by the host municipality | ||||||
15 | pursuant to this subsection (b-4) may not be shared with any | ||||||
16 | other unit of local government. | ||||||
17 | (b-5) Beginning on June 28, 2019 (the effective date of | ||||||
18 | Public Act 101-31), from the tax revenue
deposited in the | ||||||
19 | State Gaming Fund under this Section, an amount equal to 3% of
| ||||||
20 | adjusted gross receipts generated by each organization gaming | ||||||
21 | facility located outside Madison County shall be paid monthly, | ||||||
22 | subject
to appropriation by the General Assembly, to a | ||||||
23 | municipality other than the Village of Stickney in which each | ||||||
24 | organization gaming facility is located or, if the | ||||||
25 | organization gaming facility is not located within a | ||||||
26 | municipality, to the county in which the organization gaming |
| |||||||
| |||||||
1 | facility is located, except as otherwise provided in this | ||||||
2 | Section. From the tax revenue deposited in the State Gaming | ||||||
3 | Fund under this Section, an amount equal to 3% of adjusted | ||||||
4 | gross receipts generated by an organization gaming facility | ||||||
5 | located in the Village of Stickney shall be paid monthly, | ||||||
6 | subject to appropriation by the General Assembly, as follows: | ||||||
7 | 25% to the Village of Stickney, 5% to the City of Berwyn, 50% | ||||||
8 | to the Town of Cicero, and 20% to the Stickney Public Health | ||||||
9 | District. | ||||||
10 | From the tax revenue deposited in the State Gaming Fund | ||||||
11 | under this Section, an amount equal to 5% of adjusted gross | ||||||
12 | receipts generated by an organization gaming facility located | ||||||
13 | in the City of Collinsville shall be paid monthly, subject to | ||||||
14 | appropriation by the General Assembly, as follows: 30% to the | ||||||
15 | City of Alton, 30% to the City of East St. Louis, and 40% to | ||||||
16 | the City of Collinsville. | ||||||
17 | Municipalities and counties may refund any portion of the | ||||||
18 | payment that they receive pursuant to this subsection (b-5) to | ||||||
19 | the organization gaming facility. | ||||||
20 | (b-6) Beginning on June 28, 2019 (the effective date of | ||||||
21 | Public Act 101-31), from the tax revenue deposited in the | ||||||
22 | State Gaming Fund under this Section, an amount equal to 2% of | ||||||
23 | adjusted gross receipts generated by an organization gaming | ||||||
24 | facility located outside Madison County shall be paid monthly, | ||||||
25 | subject to appropriation by the General Assembly, to the | ||||||
26 | county in which the organization gaming facility is located |
| |||||||
| |||||||
1 | for the purposes of its criminal justice system or health care | ||||||
2 | system. | ||||||
3 | Counties may refund any portion of the payment that they | ||||||
4 | receive pursuant to this subsection (b-6) to the organization | ||||||
5 | gaming facility. | ||||||
6 | (b-7) From the tax revenue from the organization gaming | ||||||
7 | licensee located in one of the following townships of Cook | ||||||
8 | County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or | ||||||
9 | Worth, an amount equal to 5% of the adjusted gross receipts | ||||||
10 | generated by that organization gaming licensee shall be | ||||||
11 | remitted monthly, subject to appropriation, as follows: 2% to | ||||||
12 | the unit of local government in which the organization gaming | ||||||
13 | licensee is located, and 3% shall be distributed: (A) in | ||||||
14 | accordance with a regional capital development plan entered | ||||||
15 | into by the following communities: Village of Beecher, City of | ||||||
16 | Blue Island, Village of Burnham, City of Calumet City, Village | ||||||
17 | of Calumet Park, City of Chicago Heights, City of Country Club | ||||||
18 | Hills, Village of Crestwood, Village of Crete, Village of | ||||||
19 | Dixmoor, Village of Dolton, Village of East Hazel Crest, | ||||||
20 | Village of Flossmoor, Village of Ford Heights, Village of | ||||||
21 | 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 | ||||||
24 | of Monee, City of Oak Forest, Village of Olympia Fields, | ||||||
25 | Village of Orland Hills, Village of Orland Park, City of Palos | ||||||
26 | Heights, Village of Park Forest, Village of Phoenix, Village |
| |||||||
| |||||||
1 | of Posen, Village of Richton Park, Village of Riverdale, | ||||||
2 | Village of Robbins, Village of Sauk Village, Village of South | ||||||
3 | Chicago Heights, Village of South Holland, Village of Steger, | ||||||
4 | Village of Thornton, Village of Tinley Park, Village of | ||||||
5 | University Park, and Village of Worth; or (B) if no regional | ||||||
6 | capital development plan exists, equally among the communities | ||||||
7 | listed in item (A) to be used for capital expenditures or | ||||||
8 | public pension payments, or both. | ||||||
9 | (b-8) In lieu of the payments under subsection (b) of this | ||||||
10 | Section, from the tax revenue deposited in the State Gaming
| ||||||
11 | Fund pursuant to riverboat or casino gambling operations | ||||||
12 | conducted by an owners licensee
under paragraph (1) of | ||||||
13 | subsection (e-5) of Section 7, an amount equal to the tax | ||||||
14 | revenue
generated from the privilege tax imposed by paragraph | ||||||
15 | (2) of subsection (a-5) that is to be
paid to the City of | ||||||
16 | Chicago shall be paid monthly, subject
to appropriation by the | ||||||
17 | General Assembly, as follows: (1) an amount equal to 0.5% of | ||||||
18 | the annual adjusted gross receipts
generated by the owners | ||||||
19 | licensee under paragraph (1) of subsection (e-5) of Section 7 | ||||||
20 | to the home rule county in which the owners licensee is located | ||||||
21 | for the purpose of enhancing
the county's criminal justice | ||||||
22 | system; and (2) the balance to the City of Chicago and shall be | ||||||
23 | expended or obligated by the City of Chicago for pension | ||||||
24 | payments in accordance with Public Act 99-506. | ||||||
25 | (c) Appropriations, as approved by the General Assembly, | ||||||
26 | may be made
from the State Gaming Fund to the Board (i) for the |
| |||||||
| |||||||
1 | administration and enforcement of this Act and the Video | ||||||
2 | Gaming Act, (ii) for distribution to the Department of State | ||||||
3 | Police and to the Department of Revenue for the enforcement of | ||||||
4 | this Act and the Video Gaming Act, and (iii) to the
Department | ||||||
5 | of Human Services for the administration of programs to treat
| ||||||
6 | problem gambling, including problem gambling from sports | ||||||
7 | wagering. The Board's annual appropriations request must | ||||||
8 | separately state its funding needs for the regulation of | ||||||
9 | gaming authorized under Section 7.7, riverboat gaming, casino | ||||||
10 | gaming, video gaming, and sports wagering.
| ||||||
11 | (c-2) An amount equal to 2% of the adjusted gross receipts | ||||||
12 | generated by an organization gaming facility located within a | ||||||
13 | home rule county with a population of over 3,000,000 | ||||||
14 | inhabitants shall be paid, subject to appropriation
from the | ||||||
15 | General Assembly, from the State Gaming Fund to the home rule
| ||||||
16 | county in which the organization gaming licensee is located | ||||||
17 | for the purpose of
enhancing the county's criminal justice | ||||||
18 | system. | ||||||
19 | (c-3) Appropriations, as approved by the General Assembly, | ||||||
20 | may be made from the tax revenue deposited into the State | ||||||
21 | Gaming Fund from organization gaming licensees pursuant to | ||||||
22 | this Section for the administration and enforcement of this | ||||||
23 | Act.
| ||||||
24 | (c-4) After payments required under subsections (b), | ||||||
25 | (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from | ||||||
26 | the tax revenue from organization gaming licensees deposited |
| |||||||
| |||||||
1 | into the State Gaming Fund under this Section, all remaining | ||||||
2 | amounts from organization gaming licensees shall be | ||||||
3 | transferred into the Capital Projects Fund. | ||||||
4 | (c-5) (Blank).
| ||||||
5 | (c-10) Each year the General Assembly shall appropriate | ||||||
6 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
7 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
8 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
9 | (c-15) After the payments required under subsections (b), | ||||||
10 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
11 | adjusted gross receipts of (1)
an owners licensee that | ||||||
12 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
13 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
14 | license that is initially issued after June 25, 1999,
or (3) | ||||||
15 | the first
riverboat gambling operations conducted by a | ||||||
16 | licensed manager on behalf of the
State under Section 7.3,
| ||||||
17 | whichever comes first, shall be paid, subject to appropriation
| ||||||
18 | from the General Assembly, from the State Gaming Fund to each | ||||||
19 | home rule
county with a population of over 3,000,000 | ||||||
20 | inhabitants for the purpose of
enhancing the county's criminal | ||||||
21 | justice system.
| ||||||
22 | (c-20) Each year the General Assembly shall appropriate | ||||||
23 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
24 | an amount equal to the amount
paid to each home rule county | ||||||
25 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
26 | subsection (c-15) in the prior calendar year.
|
| |||||||
| |||||||
1 | (c-21) After the payments required under subsections (b), | ||||||
2 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have | ||||||
3 | been made, an amount equal to 0.5% of the adjusted gross | ||||||
4 | receipts generated by the owners licensee under paragraph (1) | ||||||
5 | of subsection (e-5) of Section 7 shall be paid monthly, | ||||||
6 | subject to appropriation
from the General Assembly, from the | ||||||
7 | State Gaming Fund to the home rule
county in which the owners | ||||||
8 | licensee is located for the purpose of
enhancing the county's | ||||||
9 | criminal justice system. | ||||||
10 | (c-22) After the payments required under subsections (b), | ||||||
11 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and | ||||||
12 | (c-21) have been made, an amount equal to 2% of the adjusted | ||||||
13 | gross receipts generated by the owners licensee under | ||||||
14 | paragraph (5) of subsection (e-5) of Section 7 shall be paid, | ||||||
15 | subject to appropriation
from the General Assembly, from the | ||||||
16 | State Gaming Fund to the home rule
county in which the owners | ||||||
17 | licensee is located for the purpose of
enhancing the county's | ||||||
18 | criminal justice system. | ||||||
19 | (c-25) From July 1, 2013 and each July 1 thereafter | ||||||
20 | through July 1, 2019, $1,600,000 shall be transferred from the | ||||||
21 | State Gaming Fund to the Chicago State University Education | ||||||
22 | Improvement Fund.
| ||||||
23 | On July 1, 2020 and each July 1 thereafter, $3,000,000 | ||||||
24 | shall be transferred from the State Gaming Fund to the Chicago | ||||||
25 | State University Education Improvement Fund. | ||||||
26 | (c-30) On July 1, 2013 or as soon as possible thereafter, |
| |||||||
| |||||||
1 | $92,000,000 shall be transferred from the State Gaming Fund to | ||||||
2 | the School Infrastructure Fund and $23,000,000 shall be | ||||||
3 | transferred from the State Gaming Fund to the Horse Racing | ||||||
4 | Equity Fund. | ||||||
5 | (c-35) Beginning on July 1, 2013, in addition to any | ||||||
6 | amount transferred under subsection (c-30) of this Section, | ||||||
7 | $5,530,000 shall be transferred monthly from the State Gaming | ||||||
8 | Fund to the School Infrastructure Fund. | ||||||
9 | (d) From time to time, through June 30, 2022, the
Board | ||||||
10 | shall transfer the remainder of the funds
generated by this | ||||||
11 | Act into the Education
Assistance Fund , created by Public Act | ||||||
12 | 86-0018, of the State of Illinois .
| ||||||
13 | (d-5) Beginning on July 1, 2022, on the last day of each | ||||||
14 | month, or as soon thereafter as possible, after all the | ||||||
15 | required expenditures, distributions and transfers have been | ||||||
16 | made from the State Gaming Fund for the month pursuant to | ||||||
17 | subsections (b) through (c-35), the Board shall transfer | ||||||
18 | $22,500,000, along with any deficiencies in such amounts from | ||||||
19 | prior months, from the State Gaming Fund to the Education | ||||||
20 | Assistance Fund; then the Board shall transfer the remainder | ||||||
21 | of the funds generated by this Act, if any, from the State | ||||||
22 | Gaming Fund to the Capital Projects Fund. | ||||||
23 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
24 | government
designated as the home dock of the riverboat from | ||||||
25 | entering into agreements
with other units of local government | ||||||
26 | in this State or in other states to
share its portion of the |
| |||||||
| |||||||
1 | tax revenue.
| ||||||
2 | (f) To the extent practicable, the Board shall administer | ||||||
3 | and collect the
wagering taxes imposed by this Section in a | ||||||
4 | manner consistent with the
provisions of Sections 4, 5, 5a, | ||||||
5 | 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of | ||||||
6 | the Retailers' Occupation Tax Act and Section 3-7 of the
| ||||||
7 | Uniform Penalty and Interest Act.
| ||||||
8 | (Source: P.A. 101-31, Article 25, Section 25-910, eff. | ||||||
9 | 6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19; | ||||||
10 | 101-648, eff. 6-30-20.)
| ||||||
11 | Section 20. The Raffles and Poker Runs Act is amended by | ||||||
12 | changing Sections 1 and 2 as follows:
| ||||||
13 | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| ||||||
14 | Sec. 1. Definitions. For the purposes of this Act the | ||||||
15 | terms defined
in this Section have the meanings given them.
| ||||||
16 | "Fire protection agency" means: (1) an agency of this | ||||||
17 | State, unit of local government, or intergovernmental mutual | ||||||
18 | aid entity that is vested by law or intergovernmental | ||||||
19 | agreement with the duty and authority to provide public fire | ||||||
20 | suppression, rescue, or emergency medical services; or (2) an | ||||||
21 | organization that provides support or assistance to an agency | ||||||
22 | of this State, unit of local government, or intergovernmental | ||||||
23 | mutual aid entity that is vested by law or intergovernmental | ||||||
24 | agreement with the duty and authority to provide public fire |
| |||||||
| |||||||
1 | suppression, rescue, or emergency medical services. | ||||||
2 | "Key location" means: | ||||||
3 | (1) For a poker run, the location where the poker run | ||||||
4 | concludes and the prizes are awarded. | ||||||
5 | (2) For a raffle, the location where the winning | ||||||
6 | chances in the raffle are determined. | ||||||
7 | "Law enforcement agency" means an agency of this State or | ||||||
8 | a unit of local government in this State that is vested by law | ||||||
9 | or ordinance with the duty to maintain public order and to | ||||||
10 | enforce criminal laws or ordinances. | ||||||
11 | "Net proceeds" means the gross receipts from the conduct | ||||||
12 | of raffles, less
reasonable sums expended for prizes, local | ||||||
13 | license fees and other
operating expenses incurred as a result | ||||||
14 | of operating a raffle or poker run.
| ||||||
15 | "Poker run" means a prize-awarding event organized by an | ||||||
16 | organization licensed under this Act in which participants | ||||||
17 | travel to multiple predetermined locations, including a key | ||||||
18 | location, to play a randomized game based on an element of | ||||||
19 | chance. "Poker run" includes dice runs, marble runs, or other | ||||||
20 | events where the objective is to build the best hand or highest | ||||||
21 | score by obtaining an item or playing a randomized game at each | ||||||
22 | location. | ||||||
23 | "Raffle" means a form of lottery, as defined in subsection | ||||||
24 | (b) of Section 28-2 of the
Criminal Code of 2012, conducted by | ||||||
25 | an organization licensed under this Act, in which:
| ||||||
26 | (1) the player pays or agrees to pay something of |
| |||||||
| |||||||
1 | value for a chance,
represented and differentiated by a | ||||||
2 | number or by a combination of numbers
or by some other | ||||||
3 | medium, one or more of which chances is to be designated
| ||||||
4 | the winning chance; and
| ||||||
5 | (2) the winning chance is to be determined through a | ||||||
6 | drawing or by some
other method based on an element of | ||||||
7 | chance by an act or set of acts on the
part of persons | ||||||
8 | conducting or connected with the lottery, except that the
| ||||||
9 | winning chance shall not be determined by the outcome of a | ||||||
10 | publicly exhibited
sporting contest.
| ||||||
11 | "Raffle" does not include any game designed to simulate: | ||||||
12 | (1) gambling games as defined in the Illinois Gambling Act, | ||||||
13 | (2) any casino game approved for play by the Illinois Gaming | ||||||
14 | Board, (3) any games provided by a video gaming terminal, as | ||||||
15 | defined in the Video Gaming Act, or (4) a savings promotion | ||||||
16 | raffle authorized under Section 5g of the Illinois Banking | ||||||
17 | Act, Section 7008 of the Savings Bank Act, Section 42.7 of the | ||||||
18 | Illinois Credit Union Act, Section 5136B of the National Bank | ||||||
19 | Act, or Section 4 of the Home Owners' Loan Act. | ||||||
20 | (Source: P.A. 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
| ||||||
21 | (230 ILCS 15/2) (from Ch. 85, par. 2302)
| ||||||
22 | Sec. 2. Licensing. | ||||||
23 | (a) The governing body of any county or municipality
| ||||||
24 | within this State may establish a system for the licensing of | ||||||
25 | organizations
to operate raffles. The governing bodies of a |
| |||||||
| |||||||
1 | county and one or more
municipalities may, pursuant to a | ||||||
2 | written contract, jointly establish a
system for the licensing | ||||||
3 | of organizations to operate raffles within any
area of | ||||||
4 | contiguous territory not contained within the corporate limits | ||||||
5 | of a
municipality which is not a party to such contract. The | ||||||
6 | governing bodies
of two or more adjacent counties or two or | ||||||
7 | more adjacent municipalities
located within a county may, | ||||||
8 | pursuant to a written contract, jointly
establish a system for | ||||||
9 | the licensing of organizations to operate raffles
within the | ||||||
10 | corporate limits of such counties or municipalities. The
| ||||||
11 | licensing authority may establish special categories of | ||||||
12 | licenses and
promulgate rules relating to the various | ||||||
13 | categories. The licensing system
shall provide for limitations | ||||||
14 | upon (1) the aggregate retail value of all
prizes or | ||||||
15 | merchandise awarded by a licensee in a single raffle, if any, | ||||||
16 | (2) the
maximum retail value of each prize awarded by a | ||||||
17 | licensee in a single raffle, if any,
(3) the maximum price | ||||||
18 | which may be charged for each raffle chance issued
or sold, if | ||||||
19 | any, and (4) the maximum number of days during which chances | ||||||
20 | may be issued
or sold, if any. The licensing system may include | ||||||
21 | a fee for each license in an
amount to be determined by the | ||||||
22 | local governing body. Licenses issued pursuant
to this Act | ||||||
23 | shall be valid for one raffle or for a specified number of
| ||||||
24 | raffles to be conducted during a specified period not to | ||||||
25 | exceed one year
and may be suspended or revoked
for any | ||||||
26 | violation of this Act. A local governing body shall act on a |
| |||||||
| |||||||
1 | license
application within 30 days from the date of | ||||||
2 | application. A county or municipality may adopt
rules or | ||||||
3 | ordinances for the operation of raffles that are consistent | ||||||
4 | with this Act. Raffles shall be licensed by the governing body | ||||||
5 | of the municipality with jurisdiction over the key location | ||||||
6 | or, if no municipality has jurisdiction over the key location, | ||||||
7 | then by the governing body of the county with jurisdiction | ||||||
8 | over the key location. A license shall authorize the holder of | ||||||
9 | such license to sell raffle chances throughout the State, | ||||||
10 | including beyond the borders of the licensing municipality or | ||||||
11 | county.
| ||||||
12 | (a-5) The governing body of Cook County may and any other | ||||||
13 | county within this State shall establish a system for the | ||||||
14 | licensing of organizations to operate poker runs. The | ||||||
15 | governing bodies of 2 or more adjacent counties may, pursuant | ||||||
16 | to a written contract, jointly establish a system for the | ||||||
17 | licensing of organizations to operate poker runs within the | ||||||
18 | corporate limits of such counties. The licensing authority may | ||||||
19 | establish special categories of licenses and adopt rules | ||||||
20 | relating to the various categories. The licensing system may | ||||||
21 | include a fee not to exceed $25 for each license. Licenses | ||||||
22 | issued pursuant to this Act shall be valid for one poker run or | ||||||
23 | for a specified number of poker runs to be conducted during a | ||||||
24 | specified period not to exceed one year and may be suspended or | ||||||
25 | revoked for any violation of this Act. A local governing body | ||||||
26 | shall act on a license application within 30 days after the |
| |||||||
| |||||||
1 | date of application. | ||||||
2 | (b) Raffle licenses shall be issued only : (1) to bona fide | ||||||
3 | religious, charitable,
labor, business, fraternal, | ||||||
4 | educational, veterans', or other bona fide not-for-profit | ||||||
5 | organizations that
operate without profit to their members and | ||||||
6 | which have been in existence
continuously for a period of 5 | ||||||
7 | years immediately before making application
for a raffle | ||||||
8 | license and which have during that entire 5-year period been | ||||||
9 | engaged in carrying out their objects, (2) or to a non-profit
| ||||||
10 | fundraising organization that the licensing authority | ||||||
11 | determines is
organized for the sole purpose of providing | ||||||
12 | financial assistance to an
identified individual or group of | ||||||
13 | individuals suffering extreme financial
hardship as the result | ||||||
14 | of an illness, disability, accident, or disaster, (3) or to | ||||||
15 | any law enforcement agencies and associations that represent | ||||||
16 | law enforcement officials , or (4) to any fire protection | ||||||
17 | agencies and associations that represent fire protection | ||||||
18 | officials . Poker run licenses shall be issued only to bona | ||||||
19 | fide religious, charitable, labor, business, fraternal, | ||||||
20 | educational, veterans', or other bona fide not-for-profit | ||||||
21 | organizations that operate without profit to their members and | ||||||
22 | which have been in existence continuously for a period of 5 | ||||||
23 | years immediately before making application for a poker run | ||||||
24 | license and which have during that entire 5-year period been | ||||||
25 | engaged in carrying out their objects. Licenses for poker runs | ||||||
26 | shall be issued for the following purposes: (i) providing |
| |||||||
| |||||||
1 | financial assistance to an identified individual or group of | ||||||
2 | individuals suffering extreme financial hardship as the result | ||||||
3 | of an illness, disability, accident, or disaster or (ii) to | ||||||
4 | maintain the financial stability of the organization. A | ||||||
5 | licensing authority may waive the 5-year requirement under | ||||||
6 | this subsection (b) for a bona fide religious, charitable, | ||||||
7 | labor, business, fraternal, educational, or veterans' | ||||||
8 | organization that applies for a license to conduct a raffle or | ||||||
9 | a poker run if the organization is a local organization that is | ||||||
10 | affiliated with and chartered by a national or State | ||||||
11 | organization that meets the 5-year requirement.
| ||||||
12 | For purposes of this Act, the following definitions apply. | ||||||
13 | Non-profit:
An organization or institution organized and | ||||||
14 | conducted on a not-for-profit
basis with no personal profit | ||||||
15 | inuring to any one as a result of the operation.
Charitable: An | ||||||
16 | organization or institution organized and operated to benefit
| ||||||
17 | an indefinite number of the public. The service rendered to | ||||||
18 | those eligible
for benefits must also confer some benefit on | ||||||
19 | the public. Educational:
An organization or institution | ||||||
20 | organized and operated to provide systematic
instruction in | ||||||
21 | useful branches of learning by methods common to schools
and | ||||||
22 | institutions of learning which compare favorably in their | ||||||
23 | scope and
intensity with the course of study presented in | ||||||
24 | tax-supported schools.
Religious: Any church, congregation, | ||||||
25 | society, or organization founded for
the purpose of religious | ||||||
26 | worship. Fraternal: An organization of persons
having a common |
| |||||||
| |||||||
1 | interest, the primary interest of which is to both promote
the | ||||||
2 | welfare of its members and to provide assistance to the | ||||||
3 | general public
in such a way as to lessen the burdens of | ||||||
4 | government by caring for those
that otherwise would be cared | ||||||
5 | for by the government. Veterans: An organization
or | ||||||
6 | association comprised of members of which substantially all | ||||||
7 | are individuals
who are veterans or spouses, widows, or | ||||||
8 | widowers of veterans, the primary
purpose of which is to | ||||||
9 | promote the welfare of its members and to provide
assistance | ||||||
10 | to the general public in such a way as to confer a public | ||||||
11 | benefit.
Labor: An organization composed of workers organized | ||||||
12 | with the objective
of betterment of the conditions of those | ||||||
13 | engaged in such pursuit and the
development of a higher degree | ||||||
14 | of efficiency in their respective occupations.
Business: A | ||||||
15 | voluntary organization composed of individuals and businesses
| ||||||
16 | who have joined together to advance the commercial, financial, | ||||||
17 | industrial
and civic interests of a community.
| ||||||
18 | (Source: P.A. 101-109, eff. 7-19-19; 101-360, eff. 1-1-20; | ||||||
19 | 102-558, eff. 8-20-21.)
| ||||||
20 | Section 30. The Video Gaming
Act is amended by changing | ||||||
21 | Sections 5, 25, 27, 30, 45, 50, and 65 and by adding Section 90 | ||||||
22 | as follows:
| ||||||
23 | (230 ILCS 40/5)
| ||||||
24 | Sec. 5. Definitions. As used in this Act:
|
| |||||||
| |||||||
1 | "Board" means the Illinois Gaming Board.
| ||||||
2 | "Credit" means one, 5, 10, or 25 cents either won or | ||||||
3 | purchased by a player.
| ||||||
4 | "Distributor" means an individual, partnership, | ||||||
5 | corporation, or limited liability company licensed under
this | ||||||
6 | Act to buy, sell, lease, or distribute video gaming terminals | ||||||
7 | or major
components or parts of video gaming terminals to or | ||||||
8 | from terminal
operators.
| ||||||
9 | "Electronic card" means a card purchased from a licensed | ||||||
10 | establishment, licensed fraternal establishment, licensed | ||||||
11 | veterans establishment, licensed truck stop establishment, or | ||||||
12 | licensed large truck stop establishment for use in that | ||||||
13 | establishment as a substitute for cash in the conduct of | ||||||
14 | gaming on a video gaming terminal. | ||||||
15 | "Electronic voucher" means a voucher printed by an | ||||||
16 | electronic video game machine that is redeemable in the | ||||||
17 | licensed establishment for which it was issued. | ||||||
18 | "In-location bonus jackpot" means one or more video gaming | ||||||
19 | terminals at a single licensed establishment that allows for | ||||||
20 | wagers placed on such video gaming terminals to contribute to | ||||||
21 | a cumulative maximum jackpot of up to $10,000. | ||||||
22 | "Terminal operator" means an individual, partnership, | ||||||
23 | corporation, or limited liability company that is
licensed | ||||||
24 | under this Act and that owns, services, and maintains video
| ||||||
25 | gaming terminals for placement in licensed establishments, | ||||||
26 | licensed truck stop establishments, licensed large truck stop |
| |||||||
| |||||||
1 | establishments, licensed fraternal
establishments, or licensed | ||||||
2 | veterans establishments.
| ||||||
3 | "Licensed technician" means an individual
who
is licensed | ||||||
4 | under this Act to repair,
service, and maintain
video gaming | ||||||
5 | terminals.
| ||||||
6 | "Licensed terminal handler" means a person, including but | ||||||
7 | not limited to an employee or independent contractor working | ||||||
8 | for a manufacturer, distributor, supplier, technician, or | ||||||
9 | terminal operator, who is licensed under this Act to possess | ||||||
10 | or control a video gaming terminal or to have access to the | ||||||
11 | inner workings of a video gaming terminal. A licensed terminal | ||||||
12 | handler does not include an individual, partnership, | ||||||
13 | corporation, or limited liability company defined as a | ||||||
14 | manufacturer, distributor, supplier, technician, or terminal | ||||||
15 | operator under this Act. | ||||||
16 | "Manufacturer" means an individual, partnership, | ||||||
17 | corporation, or limited liability company that is
licensed | ||||||
18 | under this Act and that manufactures or assembles video gaming
| ||||||
19 | terminals.
| ||||||
20 | "Supplier" means an individual, partnership, corporation, | ||||||
21 | or limited liability company that is
licensed under this Act | ||||||
22 | to supply major components or parts to video gaming
terminals | ||||||
23 | to licensed
terminal operators.
| ||||||
24 | "Net terminal income" means money put into a video gaming | ||||||
25 | terminal minus
credits paid out to players.
| ||||||
26 | "Video gaming terminal" means any electronic video game |
| |||||||
| |||||||
1 | machine
that, upon insertion of cash, electronic cards or | ||||||
2 | vouchers, or any combination thereof, is available to play or | ||||||
3 | simulate the play of
a video game, including but not limited to | ||||||
4 | video poker, line up, and blackjack, as
authorized by the | ||||||
5 | Board utilizing a video display and microprocessors in
which | ||||||
6 | the player may receive free games or credits that can be
| ||||||
7 | redeemed for cash. The term does not include a machine that | ||||||
8 | directly
dispenses coins, cash, or tokens or is for amusement | ||||||
9 | purposes only.
| ||||||
10 | "Licensed establishment" means any licensed retail | ||||||
11 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
12 | or otherwise served for consumption
on the premises, whether | ||||||
13 | the establishment operates on a nonprofit or for-profit basis. | ||||||
14 | "Licensed establishment" includes any such establishment that | ||||||
15 | has a contractual relationship with an inter-track wagering | ||||||
16 | location licensee licensed under the Illinois Horse Racing Act | ||||||
17 | of 1975, provided any contractual relationship shall not | ||||||
18 | include any transfer or offer of revenue from the operation of | ||||||
19 | video gaming under this Act to any licensee licensed under the | ||||||
20 | Illinois Horse Racing Act of 1975. Provided, however, that the | ||||||
21 | licensed establishment that has such a contractual | ||||||
22 | relationship with an inter-track wagering location licensee | ||||||
23 | may not, itself, be (i) an inter-track wagering location | ||||||
24 | licensee, (ii) the corporate parent or subsidiary of any | ||||||
25 | licensee licensed under the Illinois Horse Racing Act of 1975, | ||||||
26 | or (iii) the corporate subsidiary of a corporation that is |
| |||||||
| |||||||
1 | also the corporate parent or subsidiary of any licensee | ||||||
2 | licensed under the Illinois Horse Racing Act of 1975. | ||||||
3 | "Licensed establishment" does not include a facility operated | ||||||
4 | by an organization licensee, an inter-track wagering licensee, | ||||||
5 | or an inter-track wagering location licensee licensed under | ||||||
6 | the Illinois Horse Racing Act of 1975 or a riverboat licensed | ||||||
7 | under the Illinois Gambling Act, except as provided in this | ||||||
8 | paragraph. The changes made to this definition by Public Act | ||||||
9 | 98-587 are declarative of existing law.
| ||||||
10 | "Licensed fraternal establishment" means the location | ||||||
11 | where a qualified
fraternal organization that derives its | ||||||
12 | charter from a national fraternal
organization regularly | ||||||
13 | meets.
| ||||||
14 | "Licensed veterans establishment" means the location where | ||||||
15 | a qualified
veterans organization that derives its charter | ||||||
16 | from a national veterans
organization regularly meets.
| ||||||
17 | "Licensed truck stop establishment" means a facility (i) | ||||||
18 | that is at least a
3-acre facility with a convenience store, | ||||||
19 | (ii) with separate diesel
islands for fueling commercial motor | ||||||
20 | vehicles, (iii) that sells at retail more than 10,000 gallons | ||||||
21 | of diesel or biodiesel fuel per month, and (iv) with parking | ||||||
22 | spaces for commercial
motor vehicles. "Commercial motor | ||||||
23 | vehicles" has the same meaning as defined in Section 18b-101 | ||||||
24 | of the Illinois Vehicle Code. The requirement of item (iii) of | ||||||
25 | this paragraph may be met by showing that estimated future | ||||||
26 | sales or past sales average at least 10,000 gallons per month.
|
| |||||||
| |||||||
1 | "Licensed large truck stop establishment" means a facility | ||||||
2 | located within 3 road miles from a freeway interchange, as | ||||||
3 | measured in accordance with the Department of Transportation's | ||||||
4 | rules regarding the criteria for the installation of business | ||||||
5 | signs: (i) that is at least a
3-acre facility with a | ||||||
6 | convenience store, (ii) with separate diesel
islands for | ||||||
7 | fueling commercial motor vehicles, (iii) that sells at retail | ||||||
8 | more than 50,000 gallons of diesel or biodiesel fuel per | ||||||
9 | month, and (iv) with parking spaces for commercial
motor | ||||||
10 | vehicles. "Commercial motor vehicles" has the same meaning as | ||||||
11 | defined in Section 18b-101 of the Illinois Vehicle Code. The | ||||||
12 | requirement of item (iii) of this paragraph may be met by | ||||||
13 | showing that estimated future sales or past sales average at | ||||||
14 | least 50,000 gallons per month. | ||||||
15 | "Sales agent and broker" means an individual, partnership, | ||||||
16 | corporation, limited liability company, or other business | ||||||
17 | entity engaged in the solicitation or receipt of business from | ||||||
18 | current or potential licensed establishments, licensed | ||||||
19 | fraternal establishments, licensed veterans establishments, | ||||||
20 | licensed truck stop establishments, or licensed large truck | ||||||
21 | stop establishments either on an employment or contractual | ||||||
22 | basis. | ||||||
23 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
24 | (230 ILCS 40/25)
| ||||||
25 | Sec. 25. Restriction of licensees.
|
| |||||||
| |||||||
1 | (a) Manufacturer. A person may not be licensed as a | ||||||
2 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
3 | person has a valid
manufacturer's license issued
under this | ||||||
4 | Act. A manufacturer may only sell video gaming terminals for | ||||||
5 | use
in Illinois to
persons having a valid distributor's | ||||||
6 | license.
| ||||||
7 | (b) Distributor. A person may not sell, distribute, or | ||||||
8 | lease
or market a video gaming terminal in Illinois unless the | ||||||
9 | person has a valid
distributor's
license issued under this | ||||||
10 | Act. A distributor may only sell video gaming
terminals for | ||||||
11 | use in
Illinois to persons having a valid distributor's or | ||||||
12 | terminal operator's
license.
| ||||||
13 | (c) Terminal operator. A person may not own, maintain, or | ||||||
14 | place a video gaming terminal unless he has a valid terminal | ||||||
15 | operator's
license issued
under this Act. A terminal operator | ||||||
16 | may only place video gaming terminals for
use in
Illinois in | ||||||
17 | licensed establishments, licensed truck stop establishments, | ||||||
18 | licensed large truck stop establishments, licensed fraternal | ||||||
19 | establishments,
and
licensed veterans establishments.
No | ||||||
20 | terminal operator may give anything of value, including but | ||||||
21 | not limited to
a loan or financing arrangement, to a licensed | ||||||
22 | establishment, licensed truck stop establishment, licensed | ||||||
23 | large truck stop establishment,
licensed fraternal | ||||||
24 | establishment, or licensed veterans establishment as
any | ||||||
25 | incentive or inducement to locate video terminals in that | ||||||
26 | establishment.
Of the after-tax profits
from a video gaming |
| |||||||
| |||||||
1 | terminal, 50% shall be paid to the terminal
operator and 50% | ||||||
2 | shall be paid to the licensed establishment, licensed truck | ||||||
3 | stop establishment, licensed large truck stop establishment,
| ||||||
4 | licensed fraternal establishment, or
licensed veterans | ||||||
5 | establishment, notwithstanding any agreement to the contrary.
| ||||||
6 | A video terminal operator that violates one or more | ||||||
7 | requirements of this subsection is guilty of a Class 4 felony | ||||||
8 | and is subject to termination of his or her license by the | ||||||
9 | Board.
| ||||||
10 | (d) Licensed technician. A person may not service, | ||||||
11 | maintain, or repair a
video gaming terminal
in this State | ||||||
12 | unless he or she (1) has a valid technician's license issued
| ||||||
13 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
14 | by a terminal
operator, distributor, or manufacturer.
| ||||||
15 | (d-5) Licensed terminal handler. No person, including, but | ||||||
16 | not limited to, an employee or independent contractor working | ||||||
17 | for a manufacturer, distributor, supplier, technician, or | ||||||
18 | terminal operator licensed pursuant to this Act, shall have | ||||||
19 | possession or control of a video gaming terminal, or access to | ||||||
20 | the inner workings of a video gaming terminal, unless that | ||||||
21 | person possesses a valid terminal handler's license issued | ||||||
22 | under this Act. | ||||||
23 | (d-10) Solicitation of use agreements. A person may not | ||||||
24 | solicit the signing of a use agreement on behalf of a terminal | ||||||
25 | operator or enter into a use agreement as agent of a terminal | ||||||
26 | operator unless that person either has a valid sales agent and |
| |||||||
| |||||||
1 | broker license issued under this Act or owns, manages, or | ||||||
2 | significantly influences or controls the terminal operator. | ||||||
3 | (e) Licensed establishment. No video gaming terminal may | ||||||
4 | be placed in any licensed establishment, licensed veterans | ||||||
5 | establishment, licensed truck stop establishment, licensed | ||||||
6 | large truck stop establishment,
or licensed fraternal | ||||||
7 | establishment
unless the owner
or agent of the owner of the | ||||||
8 | licensed establishment, licensed veterans establishment, | ||||||
9 | licensed truck stop establishment, licensed large truck stop | ||||||
10 | establishment, or licensed
fraternal establishment has entered | ||||||
11 | into a
written use agreement with the terminal operator for | ||||||
12 | placement of the
terminals. A copy of the use agreement shall | ||||||
13 | be on file in the terminal
operator's place of business and | ||||||
14 | available for inspection by individuals
authorized by the | ||||||
15 | Board. A licensed establishment, licensed truck stop | ||||||
16 | establishment, licensed veterans establishment,
or
licensed
| ||||||
17 | fraternal
establishment may operate up to 6 video gaming | ||||||
18 | terminals on its premises at any
time. A licensed large truck | ||||||
19 | stop establishment may operate up to 10 video gaming terminals | ||||||
20 | on its premises at any time.
| ||||||
21 | (f) (Blank).
| ||||||
22 | (g) Financial interest restrictions.
As used in this Act, | ||||||
23 | "substantial interest" in a partnership, a corporation, an
| ||||||
24 | organization, an association, a business, or a limited | ||||||
25 | liability company means:
| ||||||
26 | (A) When, with respect to a sole proprietorship, an |
| |||||||
| |||||||
1 | individual or
his or her spouse owns, operates, manages, | ||||||
2 | or conducts, directly
or indirectly, the organization, | ||||||
3 | association, or business, or any part thereof;
or
| ||||||
4 | (B) When, with respect to a partnership, the | ||||||
5 | individual or his or
her spouse shares in any of the | ||||||
6 | profits, or potential profits,
of the partnership | ||||||
7 | activities; or
| ||||||
8 | (C) When, with respect to a corporation, an individual | ||||||
9 | or his or her
spouse is an officer or director, or the | ||||||
10 | individual or his or her spouse is a holder, directly or | ||||||
11 | beneficially, of 5% or more of any class
of stock of the | ||||||
12 | corporation; or
| ||||||
13 | (D) When, with respect to an organization not covered | ||||||
14 | in (A), (B) or
(C) above, an individual or his or her | ||||||
15 | spouse is an officer or manages the
business affairs, or | ||||||
16 | the individual or his or her spouse is the
owner of or | ||||||
17 | otherwise controls 10% or more of the assets of the | ||||||
18 | organization;
or
| ||||||
19 | (E) When an individual or his or her spouse furnishes
| ||||||
20 | 5% or more of the capital, whether in cash, goods, or | ||||||
21 | services, for the
operation of any business, association, | ||||||
22 | or organization during any calendar
year; or | ||||||
23 | (F) When, with respect to a limited liability company, | ||||||
24 | an individual or his or her
spouse is a member, or the | ||||||
25 | individual or his or her spouse is a holder, directly or | ||||||
26 | beneficially, of 5% or more of the membership interest of |
| |||||||
| |||||||
1 | the limited liability company.
| ||||||
2 | For purposes of this subsection (g), "individual" includes | ||||||
3 | all individuals or their spouses whose combined interest would | ||||||
4 | qualify as a substantial interest under this subsection (g) | ||||||
5 | and whose activities with respect to an organization, | ||||||
6 | association, or business are so closely aligned or coordinated | ||||||
7 | as to constitute the activities of a single entity. | ||||||
8 | (h) Location restriction. A licensed establishment, | ||||||
9 | licensed truck stop establishment, licensed large truck stop | ||||||
10 | establishment, licensed
fraternal
establishment, or licensed | ||||||
11 | veterans establishment that is (i) located within 1,000
feet | ||||||
12 | of a facility operated by an organization licensee licensed | ||||||
13 | under the Illinois Horse Racing Act of 1975 or the home dock of | ||||||
14 | a riverboat licensed under the Illinois
Gambling Act or (ii) | ||||||
15 | located within 100 feet of a school or a place of worship under | ||||||
16 | the Religious Corporation Act, is ineligible to operate a | ||||||
17 | video gaming terminal. The location restrictions in this | ||||||
18 | subsection (h) do not apply if (A) a facility operated by an | ||||||
19 | organization licensee, a school, or a place of worship moves | ||||||
20 | to or is established within the restricted area after a | ||||||
21 | licensed establishment, licensed truck stop establishment, | ||||||
22 | licensed large truck stop establishment, licensed fraternal | ||||||
23 | establishment, or licensed veterans establishment becomes | ||||||
24 | licensed under this Act or (B) a school or place of worship | ||||||
25 | moves to or is established within the restricted area after a | ||||||
26 | licensed establishment, licensed truck stop establishment, |
| |||||||
| |||||||
1 | licensed large truck stop establishment, licensed fraternal | ||||||
2 | establishment, or licensed veterans establishment obtains its | ||||||
3 | original liquor license. For the purpose of this subsection, | ||||||
4 | "school" means an elementary or secondary public school, or an | ||||||
5 | elementary or secondary private school registered with or | ||||||
6 | recognized by the State Board of Education. | ||||||
7 | Notwithstanding the provisions of this subsection (h), the | ||||||
8 | Board may waive the requirement that a licensed establishment, | ||||||
9 | licensed truck stop establishment, licensed large truck stop | ||||||
10 | establishment, licensed fraternal establishment, or licensed | ||||||
11 | veterans establishment not be located within 1,000 feet from a | ||||||
12 | facility operated by an organization licensee licensed under | ||||||
13 | the Illinois Horse Racing Act of 1975 or the home dock of a | ||||||
14 | riverboat licensed under the Illinois Gambling Act. The Board | ||||||
15 | shall not grant such waiver if there is any common ownership or | ||||||
16 | control, shared business activity, or contractual arrangement | ||||||
17 | of any type between the establishment and the organization | ||||||
18 | licensee or owners licensee of a riverboat. The Board shall | ||||||
19 | adopt rules to implement the provisions of this paragraph. | ||||||
20 | (h-5) Restrictions on licenses in malls. The Board shall | ||||||
21 | not grant an application to become a licensed video gaming | ||||||
22 | location if the Board determines that granting the application | ||||||
23 | would more likely than not cause a terminal operator, | ||||||
24 | individually or in combination with other terminal operators, | ||||||
25 | licensed video gaming location, or other person or entity, to | ||||||
26 | operate the video gaming terminals in 2 or more licensed video |
| |||||||
| |||||||
1 | gaming locations as a single video gaming operation. | ||||||
2 | (1) In making determinations under this subsection | ||||||
3 | (h-5), factors to be considered by the Board shall | ||||||
4 | include, but not be limited to, the following: | ||||||
5 | (A) the physical aspects of the location; | ||||||
6 | (B) the ownership, control, or management of the | ||||||
7 | location; | ||||||
8 | (C) any arrangements, understandings, or | ||||||
9 | agreements, written or otherwise, among or involving | ||||||
10 | any persons or entities that involve the conducting of | ||||||
11 | any video gaming business or the sharing of costs or | ||||||
12 | revenues; and | ||||||
13 | (D) the manner in which any terminal operator or | ||||||
14 | other related entity markets, advertises, or otherwise | ||||||
15 | describes any location or locations to any other | ||||||
16 | person or entity or to the public. | ||||||
17 | (2) The Board shall presume, subject to rebuttal, that | ||||||
18 | the granting of an application to become a licensed video | ||||||
19 | gaming location within a mall will cause a terminal | ||||||
20 | operator, individually or in combination with other | ||||||
21 | persons or entities, to operate the video gaming terminals | ||||||
22 | in 2 or more licensed video gaming locations as a single | ||||||
23 | video gaming operation if the Board determines that | ||||||
24 | granting the license would create a local concentration of | ||||||
25 | licensed video gaming locations. | ||||||
26 | For the purposes of this subsection (h-5): |
| |||||||
| |||||||
1 | "Mall" means a building, or adjoining or connected | ||||||
2 | buildings, containing 4 or more separate locations. | ||||||
3 | "Video gaming operation" means the conducting of video | ||||||
4 | gaming and all related activities. | ||||||
5 | "Location" means a space within a mall containing a | ||||||
6 | separate business, a place for a separate business, or a place | ||||||
7 | subject to a separate leasing arrangement by the mall owner. | ||||||
8 | "Licensed video gaming location" means a licensed | ||||||
9 | establishment, licensed fraternal establishment, licensed | ||||||
10 | veterans establishment, licensed truck stop establishment, or | ||||||
11 | licensed large truck stop. | ||||||
12 | "Local concentration of licensed video gaming locations" | ||||||
13 | means that the combined number of licensed video gaming | ||||||
14 | locations within a mall exceed half of the separate locations | ||||||
15 | within the mall. | ||||||
16 | (i) Undue economic concentration. In addition to | ||||||
17 | considering all other requirements under this Act, in deciding | ||||||
18 | whether to approve the operation of video gaming terminals by | ||||||
19 | a terminal operator in a location, the Board shall consider | ||||||
20 | the impact of any economic concentration of such operation of | ||||||
21 | video gaming terminals. The Board shall not allow a terminal | ||||||
22 | operator to operate video gaming terminals if the Board | ||||||
23 | determines such operation will result in undue economic | ||||||
24 | concentration. For purposes of this Section, "undue economic | ||||||
25 | concentration" means that a terminal operator would have such | ||||||
26 | actual or potential influence over video gaming terminals in |
| |||||||
| |||||||
1 | Illinois as to: | ||||||
2 | (1) substantially impede or suppress competition among | ||||||
3 | terminal operators; | ||||||
4 | (2) adversely impact the economic stability of the | ||||||
5 | video gaming industry in Illinois; or | ||||||
6 | (3) negatively impact the purposes of the Video Gaming | ||||||
7 | Act. | ||||||
8 | The Board shall adopt rules concerning undue economic | ||||||
9 | concentration with respect to the operation of video gaming | ||||||
10 | terminals in Illinois. The rules shall include, but not be | ||||||
11 | limited to, (i) limitations on the number of video gaming | ||||||
12 | terminals operated by any terminal operator within a defined | ||||||
13 | geographic radius and (ii) guidelines on the discontinuation | ||||||
14 | of operation of any such video gaming terminals the Board | ||||||
15 | determines will cause undue economic concentration.
| ||||||
16 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
17 | and equally applicable to the activities of any licensee under | ||||||
18 | this Act.
| ||||||
19 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
20 | (230 ILCS 40/27)
| ||||||
21 | Sec. 27. Prohibition of video gaming by political | ||||||
22 | subdivision. | ||||||
23 | (a) A
municipality may
pass an ordinance prohibiting video | ||||||
24 | gaming within the corporate limits of the
municipality.
A | ||||||
25 | county board may, for the unincorporated area of the county, |
| |||||||
| |||||||
1 | pass an
ordinance prohibiting video gaming within the | ||||||
2 | unincorporated area of the
county. | ||||||
3 | (b) On and after July 1, 2022, a qualified fraternal | ||||||
4 | organization that derives its charter from a national | ||||||
5 | fraternal organization and a qualified veterans organization | ||||||
6 | that derives its charter from a national veterans organization | ||||||
7 | shall be eligible to apply to the Board for a license allowing | ||||||
8 | video gaming as a licensed fraternal establishment or a | ||||||
9 | licensed veterans establishment if the proposed fraternal | ||||||
10 | establishment or veterans establishment is located in: | ||||||
11 | (1) a municipality having a population of not more | ||||||
12 | than 1,000,000 that has enacted an ordinance prohibiting | ||||||
13 | video gaming within the corporate limits; or | ||||||
14 | (2) a county having a population of not more than | ||||||
15 | 1,000,000 that has enacted an ordinance prohibiting video | ||||||
16 | gaming within the unincorporated area of the county. | ||||||
17 | If the license is granted by the Board, then the licensed | ||||||
18 | fraternal establishment or licensed veterans establishment may | ||||||
19 | operate video gaming terminals pursuant to this Act. | ||||||
20 | (Source: P.A. 96-34, eff. 7-13-09.) | ||||||
21 | (230 ILCS 40/30)
| ||||||
22 | Sec. 30. Multiple types of licenses prohibited. A video | ||||||
23 | gaming
terminal
manufacturer may not be licensed as a video | ||||||
24 | gaming terminal
operator or own, manage, or control a licensed
| ||||||
25 | establishment, licensed truck stop establishment, licensed |
| |||||||
| |||||||
1 | large truck stop establishment, licensed fraternal | ||||||
2 | establishment, or licensed veterans
establishment, and shall | ||||||
3 | be licensed to sell only to persons having a valid | ||||||
4 | distributor's license or, if the manufacturer also holds a | ||||||
5 | valid distributor's license, to sell, distribute, lease, or | ||||||
6 | market to persons having a valid terminal operator's license. | ||||||
7 | A video
gaming terminal distributor may not be licensed as a
| ||||||
8 | video gaming terminal operator or own, manage, or
control a
| ||||||
9 | licensed establishment, licensed truck stop establishment, | ||||||
10 | licensed large truck stop establishment, licensed fraternal | ||||||
11 | establishment, or licensed
veterans
establishment, and shall | ||||||
12 | only contract with a licensed terminal
operator. A video | ||||||
13 | gaming terminal operator may not be licensed as
a video
gaming | ||||||
14 | terminal manufacturer or distributor or own, manage, or | ||||||
15 | control a
licensed establishment, licensed truck stop | ||||||
16 | establishment, licensed large truck stop establishment, | ||||||
17 | licensed fraternal establishment, or licensed
veterans
| ||||||
18 | establishment, and shall be licensed only to contract with | ||||||
19 | licensed
distributors and licensed establishments, licensed | ||||||
20 | truck stop establishments, licensed large truck stop | ||||||
21 | establishments,
licensed fraternal
establishments,
and | ||||||
22 | licensed veterans establishments. An owner or manager of a
| ||||||
23 | licensed establishment, licensed truck stop establishment, | ||||||
24 | licensed large truck stop establishment, licensed fraternal
| ||||||
25 | establishment, or licensed
veterans
establishment may not be | ||||||
26 | licensed as a video gaming terminal
manufacturer, distributor, |
| |||||||
| |||||||
1 | or operator, and shall only contract with a
licensed operator | ||||||
2 | to place and service this equipment. A sales agent and broker | ||||||
3 | may not be licensed as a manufacturer, distributor, supplier, | ||||||
4 | licensed establishment, licensed fraternal establishment, | ||||||
5 | licensed veterans establishment, licensed truck stop | ||||||
6 | establishment, or licensed large truck stop establishment.
| ||||||
7 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
8 | (230 ILCS 40/45)
| ||||||
9 | Sec. 45. Issuance of license.
| ||||||
10 | (a) The burden is upon each applicant to
demonstrate his | ||||||
11 | suitability for licensure. Each video gaming terminal
| ||||||
12 | manufacturer, distributor, supplier, operator, handler, | ||||||
13 | licensed establishment, licensed truck stop establishment, | ||||||
14 | licensed large truck stop establishment, licensed
fraternal
| ||||||
15 | establishment, and licensed veterans establishment shall be
| ||||||
16 | licensed by the Board.
The Board may issue or deny a license | ||||||
17 | under this Act to any person pursuant to the same criteria set | ||||||
18 | forth in Section 9 of the Illinois Gambling Act.
| ||||||
19 | (a-5) The Board shall not grant a license to a person who | ||||||
20 | has facilitated, enabled, or participated in the use of | ||||||
21 | coin-operated devices for gambling purposes or who is under | ||||||
22 | the significant influence or control of such a person. For the | ||||||
23 | purposes of this Act, "facilitated, enabled, or participated | ||||||
24 | in the use of coin-operated amusement devices for gambling | ||||||
25 | purposes" means that the person has been convicted of any |
| |||||||
| |||||||
1 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012. If there is pending legal action | ||||||
3 | against a person for any such violation, then the Board shall | ||||||
4 | delay the licensure of that person until the legal action is | ||||||
5 | resolved. | ||||||
6 | (b) Each person seeking and possessing a license as a | ||||||
7 | video gaming terminal manufacturer, distributor, supplier, | ||||||
8 | operator, handler, licensed establishment, licensed truck stop | ||||||
9 | establishment, licensed large truck stop establishment, | ||||||
10 | licensed fraternal establishment, or licensed veterans | ||||||
11 | establishment shall submit to a background investigation | ||||||
12 | conducted by the Board with the assistance of the Illinois | ||||||
13 | State Police or other law enforcement. To the extent that the | ||||||
14 | corporate structure of the applicant allows, the background | ||||||
15 | investigation shall include any or all of the following as the | ||||||
16 | Board deems appropriate or as provided by rule for each | ||||||
17 | category of licensure: (i) each beneficiary of a trust, (ii) | ||||||
18 | each partner of a partnership, (iii) each member of a limited | ||||||
19 | liability company, (iv) each director and officer of a | ||||||
20 | publicly or non-publicly held corporation, (v) each | ||||||
21 | stockholder of a non-publicly held corporation, (vi) each | ||||||
22 | stockholder of 5% or more of a publicly held corporation, or | ||||||
23 | (vii) each stockholder of 5% or more in a parent or subsidiary | ||||||
24 | corporation. | ||||||
25 | (c) Each person seeking and possessing a license as a | ||||||
26 | video gaming terminal manufacturer, distributor, supplier, |
| |||||||
| |||||||
1 | operator, handler, licensed establishment, licensed truck stop | ||||||
2 | establishment, licensed large truck stop establishment, | ||||||
3 | licensed fraternal establishment, or licensed veterans | ||||||
4 | establishment shall disclose the identity of every person, | ||||||
5 | association, trust, corporation, or limited liability company | ||||||
6 | having a greater than 1% direct or indirect pecuniary interest | ||||||
7 | in the video gaming terminal operation for which the license | ||||||
8 | is sought. If the disclosed entity is a trust, the application | ||||||
9 | shall disclose the names and addresses of the beneficiaries; | ||||||
10 | if a corporation, the names and addresses of all stockholders | ||||||
11 | and directors; if a limited liability company, the names and | ||||||
12 | addresses of all members; or if a partnership, the names and | ||||||
13 | addresses of all partners, both general and limited. | ||||||
14 | (d) No person may be licensed as a video gaming terminal | ||||||
15 | manufacturer, distributor, supplier, operator, handler, | ||||||
16 | licensed establishment, licensed truck stop establishment, | ||||||
17 | licensed large truck stop establishment, licensed fraternal | ||||||
18 | establishment, or licensed veterans establishment if that | ||||||
19 | person has been found by the Board to: | ||||||
20 | (1) have a background, including a criminal record, | ||||||
21 | reputation, habits, social or business associations, or | ||||||
22 | prior activities that pose a threat to the public | ||||||
23 | interests of the State or to the security and integrity of | ||||||
24 | video gaming; | ||||||
25 | (2) create or enhance the dangers of unsuitable, | ||||||
26 | unfair, or illegal practices, methods, and activities in |
| |||||||
| |||||||
1 | the conduct of video gaming; or | ||||||
2 | (3) present questionable business practices and | ||||||
3 | financial arrangements incidental to the conduct of video | ||||||
4 | gaming activities. | ||||||
5 | (e) Any applicant for any license under this Act has the | ||||||
6 | burden of proving his or her qualifications to the | ||||||
7 | satisfaction of the Board. The Board may adopt rules to | ||||||
8 | establish additional qualifications and requirements to | ||||||
9 | preserve the integrity and security of video gaming in this | ||||||
10 | State. | ||||||
11 | (f) A non-refundable application fee shall be paid at the | ||||||
12 | time an
application for a license is filed with the Board in | ||||||
13 | the following amounts:
| ||||||
14 | (1) Manufacturer ..........................$5,000
| ||||||
15 | (2) Distributor ...........................$5,000
| ||||||
16 | (3) Terminal operator .....................$5,000
| ||||||
17 | (4) Supplier ..............................$2,500
| ||||||
18 | (5) Technician ..............................$100
| ||||||
19 | (6) Terminal Handler ........................$100
| ||||||
20 | (7) Licensed establishment, licensed truck stop
| ||||||
21 | establishment, licensed large truck stop establishment,
| ||||||
22 | licensed fraternal establishment, or licensed
| ||||||
23 | veterans establishment ...............................$100 | ||||||
24 | (8) Sales agent and broker .......................$100 | ||||||
25 | (g) The Board shall establish an
annual fee for each | ||||||
26 | license not to exceed the following: |
| |||||||
| |||||||
1 | (1) Manufacturer .........................$10,000
| ||||||
2 | (2) Distributor ..........................$10,000
| ||||||
3 | (3) Terminal operator .....................$5,000
| ||||||
4 | (4) Supplier ..............................$2,000
| ||||||
5 | (5) Technician ..............................$100
| ||||||
6 | (6) Licensed establishment, licensed truck stop
| ||||||
7 | establishment, licensed large truck stop establishment,
| ||||||
8 | licensed fraternal establishment, or licensed
| ||||||
9 | veterans establishment ..........................$100
| ||||||
10 | (7) Video gaming terminal ...................$100
| ||||||
11 | (8) Terminal Handler ............................$100
| ||||||
12 | (9) Sales agent and broker .......................$100 | ||||||
13 | (h) A terminal operator and a licensed establishment, | ||||||
14 | licensed truck stop establishment, licensed large truck stop | ||||||
15 | establishment, licensed fraternal establishment,
or licensed | ||||||
16 | veterans establishment shall equally split the fees specified | ||||||
17 | in item (7) of subsection (g). | ||||||
18 | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
| ||||||
19 | (230 ILCS 40/50)
| ||||||
20 | Sec. 50. Distribution of license fees.
| ||||||
21 | (a) All fees collected under Section 45 shall be deposited | ||||||
22 | into the State Gaming
Fund.
| ||||||
23 | (b) Fees collected under Section 45 shall be used as | ||||||
24 | follows:
| ||||||
25 | (1) Twenty-five percent shall be paid, subject to |
| |||||||
| |||||||
1 | appropriation by the General Assembly, to the Department | ||||||
2 | of Human Services for administration of programs for the | ||||||
3 | treatment of
compulsive gambling.
| ||||||
4 | (2) Seventy-five percent shall be used for the | ||||||
5 | administration of this
Act.
| ||||||
6 | (c) All initial terminal handler, technician, sales agent | ||||||
7 | and broker, licensed establishment, licensed truck stop | ||||||
8 | establishment, licensed large truck establishment, licensed | ||||||
9 | fraternal establishment, and licensed fraternal establishment | ||||||
10 | licenses issued by the Board under this Act shall be issued for | ||||||
11 | 2 years and are renewable for additional 2-year periods | ||||||
12 | annually
unless sooner cancelled or terminated. Except as | ||||||
13 | provided by Section 8.1 of the Illinois Gambling Act, all | ||||||
14 | initial manufacturer, distributor, supplier, and terminal | ||||||
15 | operator licenses issued by the Board under this Act shall be | ||||||
16 | issued for 4 years and are renewable for additional 4-year | ||||||
17 | periods unless sooner cancelled or terminated. No license | ||||||
18 | issued under this Act is
transferable or assignable.
| ||||||
19 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) | ||||||
20 | (230 ILCS 40/65) | ||||||
21 | Sec. 65. Fees. A Except as provided in this Section, a | ||||||
22 | non-home rule unit of government may not impose any
fee
for the | ||||||
23 | operation of a video gaming terminal in excess of $250 $25 per | ||||||
24 | year. The City of Rockford may not impose any fee for the | ||||||
25 | operation of a video gaming terminal in excess of $250 per |
| |||||||
| |||||||
1 | year. | ||||||
2 | The cost of any fee imposed under this Section by any home | ||||||
3 | rule unit of government or non-home rule unit of government | ||||||
4 | shall be shared equally between the terminal operator and the | ||||||
5 | applicable licensed establishment, licensed veterans | ||||||
6 | establishment, licensed truck stop establishment, licensed | ||||||
7 | large truck stop establishment, or licensed fraternal | ||||||
8 | establishment under this Act.
| ||||||
9 | (Source: P.A. 101-337, eff. 1-1-20 .) | ||||||
10 | (230 ILCS 40/90 new) | ||||||
11 | Sec. 90. Regulation by State. | ||||||
12 | (a) The licensure, registration, and regulation of | ||||||
13 | manufacturers, distributors, terminal operators, licensed | ||||||
14 | technicians, licensed terminal handlers, licensed | ||||||
15 | establishments, licensed veterans establishments, licensed | ||||||
16 | truck stop establishments, licensed large truck stop | ||||||
17 | establishments, and licensed fraternal establishments under | ||||||
18 | this Act, and the imposition of fees and other charges under | ||||||
19 | this Act in connection with such licensure, registration, and | ||||||
20 | regulation, are powers and functions of the State. No non-home | ||||||
21 | rule unit may license, register, or otherwise regulate, or | ||||||
22 | impose any type of fee or any other charge upon, a | ||||||
23 | manufacturer, distributor, terminal operator, licensed | ||||||
24 | technician, licensed terminal handler, licensed establishment, | ||||||
25 | licensed veterans establishment, licensed truck stop |
| |||||||
| |||||||
1 | establishment, licensed large truck stop establishment, or | ||||||
2 | licensed fraternal establishment. | ||||||
3 | (b) The licensure, registration, and regulation of video | ||||||
4 | gaming terminals under this Act are powers and functions of | ||||||
5 | the State. No non-home rule unit may license, register, or | ||||||
6 | otherwise regulate video gaming terminals. | ||||||
7 | (c) No home rule municipality or non-home rule unit may | ||||||
8 | impose any type of tax upon a: (i) manufacturer, distributor, | ||||||
9 | terminal operator, licensed technician, licensed terminal | ||||||
10 | handler, licensed establishment, licensed veterans | ||||||
11 | establishment, licensed truck stop establishment, licensed | ||||||
12 | large truck stop establishment, or licensed fraternal | ||||||
13 | establishment or their respective authorized activities under | ||||||
14 | this Act; (ii) video gaming terminal; (iii) user or player of | ||||||
15 | any video gaming terminals; or (iv) other use, play, or | ||||||
16 | operation of video gaming terminals authorized under this Act | ||||||
17 | by any person or entity. This subsection (c) is a denial and | ||||||
18 | limitation of home rule powers and functions under subsection | ||||||
19 | (g) of Section 6 of Article VII of the Illinois Constitution. | ||||||
20 | (d) Any home rule municipality that has adopted an | ||||||
21 | ordinance imposing an amusement tax on persons who participate | ||||||
22 | in the playing of video gaming terminals on or before November | ||||||
23 | 1, 2021 may continue to impose such amusement tax pursuant to | ||||||
24 | such ordinance but shall not increase, expand, or extend the | ||||||
25 | tax or tax rate on such persons participating in playing video | ||||||
26 | gaming terminals in excess of that tax or rate set forth in |
| |||||||
| |||||||
1 | such ordinance and shall not otherwise impose any other tax | ||||||
2 | upon any entity or person identified in subsection (c). This | ||||||
3 | subsection (d) is a denial and limitation of home rule powers | ||||||
4 | and functions under subsection (g) of Section 6 of Article VII | ||||||
5 | of the Illinois Constitution. | ||||||
6 | Section 35. The Sports Wagering Act is amended by changing | ||||||
7 | Sections 25-10, 25-15, 25-25, 25-30, 25-35, 25-40, and 25-50 | ||||||
8 | as follows: | ||||||
9 | (230 ILCS 45/25-10)
| ||||||
10 | Sec. 25-10. Definitions. As used in this Act: | ||||||
11 | "Adjusted gross sports wagering receipts" means a master | ||||||
12 | sports wagering licensee's gross sports wagering receipts, | ||||||
13 | less winnings paid to wagerers in such games. | ||||||
14 | "Athlete" means any current or former professional athlete | ||||||
15 | or collegiate athlete. | ||||||
16 | "Board" means the Illinois Gaming Board. | ||||||
17 | "Covered persons" includes athletes; umpires, referees, | ||||||
18 | and officials; personnel associated with clubs, teams, | ||||||
19 | leagues, and athletic associations; medical professionals | ||||||
20 | (including athletic trainers) who provide services to athletes | ||||||
21 | and players; and the family members and associates of these | ||||||
22 | persons where required to serve the purposes of this Act. | ||||||
23 | "Department" means the Department of the Lottery. | ||||||
24 | "Gaming facility" means a facility at which gambling |
| |||||||
| |||||||
1 | operations are conducted under the Illinois Gambling Act, | ||||||
2 | pari-mutuel wagering is conducted under the Illinois Horse | ||||||
3 | Racing Act of 1975, or sports wagering is conducted under this | ||||||
4 | Act. | ||||||
5 | "Official league data" means statistics, results, | ||||||
6 | outcomes, and other data related to a sports event obtained | ||||||
7 | pursuant to an agreement with the relevant sports governing | ||||||
8 | body, or an entity expressly authorized by the sports | ||||||
9 | governing body to provide such information to licensees, that | ||||||
10 | authorizes the use of such data for determining the outcome of | ||||||
11 | tier 2 sports wagers on such sports events. | ||||||
12 | "Organization licensee" has the meaning given to that term | ||||||
13 | in the Illinois Horse Racing Act of 1975. | ||||||
14 | "Owners licensee" means the holder of an owners license | ||||||
15 | under the Illinois Gambling Act. | ||||||
16 | "Person" means an individual, partnership, committee, | ||||||
17 | association, corporation, or any other organization or group | ||||||
18 | of persons. | ||||||
19 | "Personal biometric data" means an athlete's information | ||||||
20 | derived from DNA, heart rate, blood pressure, perspiration | ||||||
21 | rate, internal or external body temperature, hormone levels, | ||||||
22 | glucose levels, hydration levels, vitamin levels, bone | ||||||
23 | density, muscle density, and sleep patterns. | ||||||
24 | "Prohibited conduct" includes any statement, action, and | ||||||
25 | other communication intended to influence, manipulate, or | ||||||
26 | control a betting outcome of a sporting contest or of any |
| |||||||
| |||||||
1 | individual occurrence or performance in a sporting contest in | ||||||
2 | exchange for financial gain or to avoid financial or physical | ||||||
3 | harm. "Prohibited conduct" includes statements, actions, and | ||||||
4 | communications made to a covered person by a third party, such | ||||||
5 | as a family member or through social media. "Prohibited | ||||||
6 | conduct" does not include statements, actions, or | ||||||
7 | communications made or sanctioned by a team or sports | ||||||
8 | governing body. | ||||||
9 | "Qualified applicant" means an applicant for a license | ||||||
10 | under this Act whose application meets the mandatory minimum | ||||||
11 | qualification criteria as required by the Board. | ||||||
12 | "Sporting contest" means a sports event or game on which | ||||||
13 | the State allows sports wagering to occur under this Act. | ||||||
14 | "Sports event" means a professional sport or athletic | ||||||
15 | event, a collegiate sport or athletic event, a motor race | ||||||
16 | event, or any other event or competition of relative skill | ||||||
17 | authorized by the Board under this Act. | ||||||
18 | "Sports facility" means a facility that hosts sports | ||||||
19 | events and holds a seating capacity greater than 17,000 | ||||||
20 | persons , except in a county with a population of more than | ||||||
21 | 1,000,000, a seating capacity greater than 10,000 persons . | ||||||
22 | "Sports governing body" means the organization that | ||||||
23 | prescribes final rules and enforces codes of conduct with | ||||||
24 | respect to a sports event and participants therein. | ||||||
25 | "Sports wagering" means accepting wagers on sports events | ||||||
26 | or portions of sports events, or on the individual performance |
| |||||||
| |||||||
1 | statistics of athletes in a sports event or combination of | ||||||
2 | sports events, by any system or method of wagering, including, | ||||||
3 | but not limited to, in person or over the Internet through | ||||||
4 | websites and on mobile devices. "Sports wagering" includes, | ||||||
5 | but is not limited to, single-game bets, teaser bets, parlays, | ||||||
6 | over-under, moneyline, pools, exchange wagering, in-game | ||||||
7 | wagering, in-play bets, proposition bets, and straight bets. | ||||||
8 | "Sports wagering account" means a financial record | ||||||
9 | established by a master sports wagering licensee for an | ||||||
10 | individual patron in which the patron may deposit and withdraw | ||||||
11 | funds for sports wagering and other authorized purchases and | ||||||
12 | to which the master sports wagering licensee may credit | ||||||
13 | winnings or other amounts due to that patron or authorized by | ||||||
14 | that patron. | ||||||
15 | "Tier 1 sports wager" means a sports wager that is | ||||||
16 | determined solely by the final score or final outcome of the | ||||||
17 | sports event and is placed before the sports event has begun. | ||||||
18 | "Tier 2 sports wager" means a sports wager that is not a | ||||||
19 | tier 1 sports wager. | ||||||
20 | "Wager" means a sum of money or thing of value risked on an | ||||||
21 | uncertain occurrence. | ||||||
22 | "Winning bidder" means a qualified applicant for a master | ||||||
23 | sports wagering license chosen through the competitive | ||||||
24 | selection process under Section 25-45.
| ||||||
25 | (Source: P.A. 101-31, eff. 6-28-19.) |
| |||||||
| |||||||
1 | (230 ILCS 45/25-15)
| ||||||
2 | Sec. 25-15. Board duties and powers. | ||||||
3 | (a) Except for sports wagering conducted under Section | ||||||
4 | 25-70, the Board shall have the authority to regulate the | ||||||
5 | conduct of sports wagering under this Act. | ||||||
6 | (b) The Board may adopt any rules the Board considers | ||||||
7 | necessary for the successful implementation, administration, | ||||||
8 | and enforcement of this Act, except for Section 25-70. Rules | ||||||
9 | proposed by the Board may be adopted as emergency rules | ||||||
10 | pursuant to Section 5-45 of the Illinois Administrative | ||||||
11 | Procedure Act. | ||||||
12 | (c) The Board shall levy and collect all fees, surcharges, | ||||||
13 | civil penalties, and monthly taxes on adjusted gross sports | ||||||
14 | wagering receipts imposed by this Act and deposit all moneys | ||||||
15 | into the Sports Wagering Fund, except as otherwise provided | ||||||
16 | under this Act. | ||||||
17 | (d) The Board may exercise any other powers necessary to | ||||||
18 | enforce the provisions of this Act that it regulates and the | ||||||
19 | rules of the Board. | ||||||
20 | (e) The Board shall adopt rules for a license to be | ||||||
21 | employed by a master sports wagering licensee when the | ||||||
22 | employee works in a designated gaming area that has sports | ||||||
23 | wagering or performs duties in furtherance of or associated | ||||||
24 | with the operation of sports wagering by the master sports | ||||||
25 | wagering licensee (occupational license), which shall require | ||||||
26 | an annual license fee of $250. However,
occupational licenses |
| |||||||
| |||||||
1 | issued under the Illinois Gambling Act for employees of an | ||||||
2 | owners license or organization gaming licensee, once
granted, | ||||||
3 | are considered equivalent licenses to work in sports wagering | ||||||
4 | positions located at the same
gaming facility. License fees | ||||||
5 | shall be deposited into the State Gaming Fund and used for the | ||||||
6 | administration of this Act. | ||||||
7 | (f) The Board may require that licensees share, in real | ||||||
8 | time and at the sports wagering account level, information | ||||||
9 | regarding a wagerer, amount and type of wager, the time the | ||||||
10 | wager was placed, the location of the wager, including the | ||||||
11 | Internet protocol address, if applicable, the outcome of the | ||||||
12 | wager, and records of abnormal wagering activity. Information | ||||||
13 | shared under this subsection (f) must be submitted in the form | ||||||
14 | and manner as required by rule. If a sports governing body has | ||||||
15 | notified the Board that real-time information sharing for | ||||||
16 | wagers placed on its sports events is necessary and desirable, | ||||||
17 | licensees may share the same information in the form and | ||||||
18 | manner required by the Board by rule with the sports governing | ||||||
19 | body or its designee with respect to wagers on its sports | ||||||
20 | events subject to applicable federal, State, or local laws or | ||||||
21 | regulations, including, without limitation, privacy laws and | ||||||
22 | regulations. Such information may be provided in anonymized | ||||||
23 | form and may be used by a sports governing body solely for | ||||||
24 | integrity purposes. For purposes of this subsection (f), | ||||||
25 | "real-time" means a commercially reasonable periodic interval. | ||||||
26 | (g) A master sports wagering licensee, professional sports |
| |||||||
| |||||||
1 | team, league, or association, sports governing body, or | ||||||
2 | institution of higher education may submit to the Board in | ||||||
3 | writing a request to prohibit a type or form of wagering if the | ||||||
4 | master sports wagering licensee, professional sports team, | ||||||
5 | league, or association, sports governing body, or institution | ||||||
6 | of higher education believes that such wagering by type or | ||||||
7 | form is contrary to public policy, unfair to consumers, or | ||||||
8 | affects the integrity of a particular sport or the sports | ||||||
9 | betting industry. The Board shall grant the request upon a | ||||||
10 | demonstration of good cause from the requester and | ||||||
11 | consultation with licensees. The Board shall respond to a | ||||||
12 | request pursuant to this subsection (g) concerning a | ||||||
13 | particular event before the start of the event or, if it is not | ||||||
14 | feasible to respond before the start of the event, as soon as | ||||||
15 | practicable. | ||||||
16 | (h) The Board and master sports wagering licensees may | ||||||
17 | cooperate with investigations conducted by sports governing | ||||||
18 | bodies or law enforcement agencies, including, but not limited | ||||||
19 | to, providing and facilitating the provision of account-level | ||||||
20 | betting information and audio or video files relating to | ||||||
21 | persons placing wagers. | ||||||
22 | (i) A master sports wagering licensee shall make | ||||||
23 | commercially reasonable efforts to promptly notify the Board | ||||||
24 | any information relating to: | ||||||
25 | (1) criminal or disciplinary proceedings commenced | ||||||
26 | against the master sports wagering licensee in connection |
| |||||||
| |||||||
1 | with its operations; | ||||||
2 | (2) abnormal wagering activity or patterns that may | ||||||
3 | indicate a concern with the integrity of a sports event or | ||||||
4 | sports events; | ||||||
5 | (3) any potential breach of the relevant sports | ||||||
6 | governing body's internal rules and codes of conduct | ||||||
7 | pertaining to sports wagering that a licensee has | ||||||
8 | knowledge of; | ||||||
9 | (4) any other conduct that corrupts a wagering outcome | ||||||
10 | of a sports event or sports events for purposes of | ||||||
11 | financial gain, including match fixing; and | ||||||
12 | (5) suspicious or illegal wagering activities, | ||||||
13 | including use of funds derived from illegal activity, | ||||||
14 | wagers to conceal or launder funds derived from illegal | ||||||
15 | activity, using agents to place wagers, and using false | ||||||
16 | identification. | ||||||
17 | A master sports wagering licensee shall also make | ||||||
18 | commercially reasonable efforts to promptly report information | ||||||
19 | relating to conduct described in paragraphs (2), (3), and (4) | ||||||
20 | of this subsection (i) to the relevant sports governing body.
| ||||||
21 | (Source: P.A. 101-31, eff. 6-28-19.) | ||||||
22 | (230 ILCS 45/25-25)
| ||||||
23 | Sec. 25-25. Sports wagering authorized. | ||||||
24 | (a) Notwithstanding any provision of law to the contrary, | ||||||
25 | the operation of sports wagering is only lawful when conducted |
| |||||||
| |||||||
1 | in accordance with the provisions of this Act and the rules of | ||||||
2 | the Illinois Gaming Board and the Department of the Lottery. | ||||||
3 | (b) A person placing a wager under this Act shall be at | ||||||
4 | least 21 years of age. | ||||||
5 | (c) A licensee under this Act may not accept a wager on a | ||||||
6 | minor league sports event. | ||||||
7 | (d) Except as otherwise provided in this Section, a A | ||||||
8 | licensee under this Act may not accept a wager for a sports | ||||||
9 | event involving an Illinois collegiate team. | ||||||
10 | (d-5) Beginning on the effective date of this amendatory | ||||||
11 | Act of the 102nd General Assembly until July 1, 2023, a | ||||||
12 | licensee under this Act may accept a wager for a sports event | ||||||
13 | involving an Illinois collegiate team if: | ||||||
14 | (1) the wager is a tier 1 wager; | ||||||
15 | (2) the wager is not related to an individual | ||||||
16 | athlete's performance; and | ||||||
17 | (3) the wager is made in person instead of over the | ||||||
18 | Internet or through a mobile application. | ||||||
19 | (e) A licensee under this Act may only accept a wager from | ||||||
20 | a person physically located in the State. | ||||||
21 | (f) Master sports wagering licensees may use any data | ||||||
22 | source for determining the results of all tier 1 sports | ||||||
23 | wagers. | ||||||
24 | (g) A sports governing body headquartered in the United | ||||||
25 | States may notify the Board that it desires to supply official | ||||||
26 | league data to master sports wagering licensees for |
| |||||||
| |||||||
1 | determining the results of tier 2 sports wagers. Such | ||||||
2 | notification shall be made in the form and manner as the Board | ||||||
3 | may require. If a sports governing body does not notify the | ||||||
4 | Board of its desire to supply official league data, a master | ||||||
5 | sports wagering licensee may use any data source for | ||||||
6 | determining the results of any and all tier 2 sports wagers on | ||||||
7 | sports contests for that sports governing body. | ||||||
8 | Within 30 days of a sports governing body notifying the | ||||||
9 | Board, master sports wagering licensees shall use only | ||||||
10 | official league data to determine the results of tier 2 sports | ||||||
11 | wagers on sports events sanctioned by that sports governing | ||||||
12 | body, unless: (1) the sports governing body or designee cannot | ||||||
13 | provide a feed of official league data to determine the | ||||||
14 | results of a particular type of tier 2 sports wager, in which | ||||||
15 | case master sports wagering licensees may use any data source | ||||||
16 | for determining the results of the applicable tier 2 sports | ||||||
17 | wager until such time as such data feed becomes available on | ||||||
18 | commercially reasonable terms; or (2) a master sports wagering | ||||||
19 | licensee can demonstrate to the Board that the sports | ||||||
20 | governing body or its designee cannot provide a feed of | ||||||
21 | official league data to the master sports wagering licensee on | ||||||
22 | commercially reasonable terms. During the pendency of the | ||||||
23 | Board's determination, such master sports wagering licensee | ||||||
24 | may use any data source for determining the results of any and | ||||||
25 | all tier 2 sports wagers. | ||||||
26 | (h) A licensee under this Act may not accept wagers on a |
| |||||||
| |||||||
1 | kindergarten through 12th grade sports event.
| ||||||
2 | (Source: P.A. 101-31, eff. 6-28-19.) | ||||||
3 | (230 ILCS 45/25-30)
| ||||||
4 | Sec. 25-30. Master sports wagering license issued to an | ||||||
5 | organization licensee. | ||||||
6 | (a) An organization licensee may apply to the Board for a | ||||||
7 | master sports wagering license. To the extent permitted by | ||||||
8 | federal and State law, the Board shall actively seek to | ||||||
9 | achieve racial, ethnic, and geographic diversity when issuing | ||||||
10 | master sports wagering licenses to organization licensees and | ||||||
11 | encourage minority-owned businesses, women-owned businesses, | ||||||
12 | veteran-owned businesses, and businesses owned by persons with | ||||||
13 | disabilities to apply for licensure. Additionally, the report | ||||||
14 | published under subsection (m) of Section 25-45 shall impact | ||||||
15 | the issuance of the master sports wagering license to the | ||||||
16 | extent permitted by federal and State law. | ||||||
17 | For the purposes of this subsection (a), "minority-owned | ||||||
18 | business", "women-owned business", and "business owned by | ||||||
19 | persons with disabilities" have the meanings given to those | ||||||
20 | terms in Section 2 of the Business Enterprise for Minorities, | ||||||
21 | Women, and Persons with Disabilities Act. | ||||||
22 | (b) Except as otherwise provided in this subsection (b), | ||||||
23 | the initial license fee for a master sports wagering license | ||||||
24 | for an organization licensee is 5% of its handle from the | ||||||
25 | preceding calendar year or the lowest amount that is required |
| |||||||
| |||||||
1 | to be paid as an initial license fee by an owners licensee | ||||||
2 | under subsection (b) of Section 25-35, whichever is greater. | ||||||
3 | No initial license fee shall exceed $10,000,000. An | ||||||
4 | organization licensee licensed on the effective date of this | ||||||
5 | Act shall pay the initial master sports wagering license fee | ||||||
6 | by July 1, 2021. For an organization licensee licensed after | ||||||
7 | the effective date of this Act, the master sports wagering | ||||||
8 | license fee shall be $5,000,000, but the amount shall be | ||||||
9 | adjusted 12 months after the organization licensee begins | ||||||
10 | racing operations based on 5% of its handle from the first 12 | ||||||
11 | months of racing operations. The master sports wagering | ||||||
12 | license is valid for 4 years. | ||||||
13 | (c) The organization licensee may renew the master sports | ||||||
14 | wagering license for a period of 4 years by paying a $1,000,000 | ||||||
15 | renewal fee to the Board. | ||||||
16 | (d) An organization licensee issued a master sports | ||||||
17 | wagering license may conduct sports wagering: | ||||||
18 | (1) at its facility at which inter-track wagering is | ||||||
19 | conducted pursuant to an inter-track wagering license | ||||||
20 | under the Illinois Horse Racing Act of 1975; | ||||||
21 | (2) at 3 inter-track wagering locations if the | ||||||
22 | inter-track wagering location licensee from which it | ||||||
23 | derives its license is an organization licensee that is | ||||||
24 | issued a master sports
wagering license; and | ||||||
25 | (3) over the Internet or through a mobile application. | ||||||
26 | (e) The sports wagering offered over the Internet or |
| |||||||
| |||||||
1 | through a mobile application shall only be offered under | ||||||
2 | either the same brand as the organization licensee is | ||||||
3 | operating under or a brand owned by a direct or indirect | ||||||
4 | holding company that owns at least an 80% interest in that | ||||||
5 | organization licensee on the effective date of this Act. | ||||||
6 | (f) Until issuance of the first license under Section | ||||||
7 | 25-45 or March 5, 2022, whichever occurs first , an individual | ||||||
8 | must create a sports wagering account in person at a facility | ||||||
9 | under paragraph (1) or (2) of subsection (d) to participate in | ||||||
10 | sports wagering offered over the Internet or through a mobile | ||||||
11 | application.
| ||||||
12 | (Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.) | ||||||
13 | (230 ILCS 45/25-35)
| ||||||
14 | Sec. 25-35. Master sports wagering license issued to an | ||||||
15 | owners licensee. | ||||||
16 | (a) An owners licensee may apply to the Board for a master | ||||||
17 | sports wagering license. To the extent permitted by federal | ||||||
18 | and State law, the Board shall actively seek to achieve | ||||||
19 | racial, ethnic, and geographic diversity when issuing master | ||||||
20 | sports wagering licenses to owners licensees and encourage | ||||||
21 | minority-owned businesses, women-owned businesses, | ||||||
22 | veteran-owned businesses, and businesses owned by persons with | ||||||
23 | disabilities to apply for licensure. Additionally, the report | ||||||
24 | published under subsection (m) of Section 25-45 shall impact | ||||||
25 | the issuance of the master sports wagering license to the |
| |||||||
| |||||||
1 | extent permitted by federal and State law. | ||||||
2 | For the purposes of this subsection (a), "minority-owned | ||||||
3 | business", "women-owned business", and "business owned by | ||||||
4 | persons with disabilities" have the meanings given to those | ||||||
5 | terms in Section 2 of the Business Enterprise for Minorities, | ||||||
6 | Women, and Persons with Disabilities Act. | ||||||
7 | (b) Except as otherwise provided in subsection (b-5), the | ||||||
8 | initial license fee for a master sports wagering license for | ||||||
9 | an owners licensee is 5% of its adjusted gross receipts from | ||||||
10 | the preceding calendar year. No initial license fee shall | ||||||
11 | exceed $10,000,000. An owners licensee licensed on the | ||||||
12 | effective date of this Act shall pay the initial master sports | ||||||
13 | wagering license fee by July 1, 2021. The master sports | ||||||
14 | wagering license is valid for 4 years. | ||||||
15 | (b-5) For an owners licensee licensed after the effective | ||||||
16 | date of this Act, the master sports wagering license fee shall | ||||||
17 | be $5,000,000, but the amount shall be adjusted 12 months | ||||||
18 | after the owners licensee begins gambling operations under the | ||||||
19 | Illinois Gambling Act based on 5% of its adjusted gross | ||||||
20 | receipts from the first 12 months of gambling operations. The | ||||||
21 | master sports wagering license is valid for 4 years. | ||||||
22 | (c) The owners licensee may renew the master sports | ||||||
23 | wagering license for a period of 4 years by paying a $1,000,000 | ||||||
24 | renewal fee to the Board. | ||||||
25 | (d) An owners licensee issued a master sports wagering | ||||||
26 | license may conduct sports wagering: |
| |||||||
| |||||||
1 | (1) at its facility in this State that is authorized | ||||||
2 | to conduct gambling operations under the Illinois Gambling | ||||||
3 | Act; and | ||||||
4 | (2) over the Internet or through a mobile application. | ||||||
5 | (e) The sports wagering offered over the Internet or | ||||||
6 | through a mobile application shall only be offered under | ||||||
7 | either the same brand as the owners licensee is operating | ||||||
8 | under or a brand owned by a direct or indirect holding company | ||||||
9 | that owns at least an 80% interest in that owners licensee on | ||||||
10 | the effective date of this Act. | ||||||
11 | (f) Until issuance of the first license under Section | ||||||
12 | 25-45 or March 5, 2022, whichever occurs first , an individual | ||||||
13 | must create a sports wagering account in person at a facility | ||||||
14 | under paragraph (1) of subsection (d) to participate in sports | ||||||
15 | wagering offered over the Internet or through a mobile | ||||||
16 | application.
| ||||||
17 | (Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.) | ||||||
18 | (230 ILCS 45/25-40)
| ||||||
19 | Sec. 25-40. Master sports wagering license issued to a | ||||||
20 | sports facility. | ||||||
21 | (a) As used in this Section, "designee" means a master | ||||||
22 | sports wagering licensee under Section 25-30, 25-35, or 25-45 | ||||||
23 | or a management services provider licensee. | ||||||
24 | (b) A sports facility or a designee contracted to operate | ||||||
25 | sports wagering at or within a 5-block radius of the sports |
| |||||||
| |||||||
1 | facility may apply to the Board for a master sports wagering | ||||||
2 | license. To the extent permitted by federal and State law, the | ||||||
3 | Board shall actively seek to achieve racial, ethnic, and | ||||||
4 | geographic diversity when issuing master sports wagering | ||||||
5 | licenses to sports facilities or their designees and encourage | ||||||
6 | minority-owned businesses, women-owned businesses, | ||||||
7 | veteran-owned businesses, and businesses owned by persons with | ||||||
8 | disabilities to apply for licensure. Additionally, the report | ||||||
9 | published under subsection (m) of Section 25-45 shall impact | ||||||
10 | the issuance of the master sports wagering license to the | ||||||
11 | extent permitted by federal and State law. | ||||||
12 | For the purposes of this subsection (b), "minority-owned | ||||||
13 | business", "women-owned business", and "business owned by | ||||||
14 | persons with disabilities" have the meanings given to those | ||||||
15 | terms in Section 2 of the Business Enterprise for Minorities, | ||||||
16 | Women, and Persons with Disabilities Act. | ||||||
17 | (c) The Board may issue up to 7 master sports wagering | ||||||
18 | licenses to sports facilities or their designees that meet the | ||||||
19 | requirements for licensure as determined by rule by the Board. | ||||||
20 | If more than 7 qualified applicants apply for a master sports | ||||||
21 | wagering license under this Section, the licenses shall be | ||||||
22 | granted in the order in which the applications were received. | ||||||
23 | If a license is denied, revoked, or not renewed, the Board may | ||||||
24 | begin a new application process and issue a license under this | ||||||
25 | Section in the order in which the application was received. | ||||||
26 | (d) The initial license fee for a master sports wagering |
| |||||||
| |||||||
1 | license for a sports facility is $10,000,000. The master | ||||||
2 | sports wagering license is valid for 4 years. | ||||||
3 | (e) The sports facility or its designee may renew the | ||||||
4 | master sports wagering license for a period of 4 years by | ||||||
5 | paying a $1,000,000 renewal fee to the Board. | ||||||
6 | (f) A sports facility or its designee issued a master | ||||||
7 | sports wagering license may conduct sports wagering at or | ||||||
8 | within a 5-block radius of the sports facility. | ||||||
9 | (g) A sports facility or its designee issued a master | ||||||
10 | sports wagering license may conduct sports wagering over the | ||||||
11 | Internet within the sports facility or within a 5-block radius | ||||||
12 | of the sports facility. | ||||||
13 | (h) The sports wagering offered by a sports facility or | ||||||
14 | its designee over the Internet or through a mobile application | ||||||
15 | shall be offered under the same brand as the sports facility is | ||||||
16 | operating under, the brand the designee is operating under, or | ||||||
17 | a combination thereof. | ||||||
18 | (i) Until issuance of the first license under Section | ||||||
19 | 25-45 or March 5, 2022, whichever occurs first , an individual | ||||||
20 | must register in person at a sports facility or the designee's | ||||||
21 | facility to participate in sports wagering offered over the | ||||||
22 | Internet or through a mobile application.
| ||||||
23 | (Source: P.A. 101-31, eff. 6-28-19.) | ||||||
24 | (230 ILCS 45/25-50)
| ||||||
25 | Sec. 25-50. Supplier license. |
| |||||||
| |||||||
1 | (a) The Board may issue a supplier license to a person to | ||||||
2 | sell or lease sports wagering equipment, systems, or other | ||||||
3 | gaming items to conduct sports wagering and offer services | ||||||
4 | related to the equipment or other gaming items and data to a | ||||||
5 | master sports wagering licensee while the license is active. | ||||||
6 | (b) The Board may adopt rules establishing additional | ||||||
7 | requirements for a supplier and any system or other equipment | ||||||
8 | utilized for sports wagering. The Board may accept licensing | ||||||
9 | by another jurisdiction that it specifically determines to | ||||||
10 | have similar licensing requirements as evidence the applicant | ||||||
11 | meets supplier licensing requirements. | ||||||
12 | (c) An applicant for a supplier license shall demonstrate | ||||||
13 | that the equipment, system, or services that the applicant | ||||||
14 | plans to offer to the master sports wagering licensee conforms | ||||||
15 | to standards established by the Board and applicable State | ||||||
16 | law. The Board may accept approval by another jurisdiction | ||||||
17 | that it specifically determines have similar equipment | ||||||
18 | standards as evidence the applicant meets the standards | ||||||
19 | established by the Board and applicable State law. | ||||||
20 | (d) Applicants shall pay to the Board a nonrefundable | ||||||
21 | license and application fee in the amount of $150,000. Except | ||||||
22 | as provided by Section 8.1 of the Illinois Gambling Act, the | ||||||
23 | initial supplier license shall be issued for 4 years unless | ||||||
24 | sooner canceled or terminated. After the initial period 4-year | ||||||
25 | term , the Board shall renew supplier licenses for additional | ||||||
26 | 4-year periods unless sooner canceled or terminated annually |
| |||||||
| |||||||
1 | thereafter . Renewal of a supplier license shall be granted to | ||||||
2 | a renewal applicant who has continued to comply with all | ||||||
3 | applicable statutory and regulatory requirements , upon | ||||||
4 | submission of the Board-issued renewal form and payment of a | ||||||
5 | $150,000 renewal fee . Beginning 4 years after issuance of the | ||||||
6 | initial supplier license, a holder of a supplier license shall | ||||||
7 | pay a $150,000 annual license fee. | ||||||
8 | (e) A supplier shall submit to the Board a list of all | ||||||
9 | sports wagering equipment and services sold, delivered, or | ||||||
10 | offered to a master sports wagering licensee in this State, as | ||||||
11 | required by the Board, all of which must be tested and approved | ||||||
12 | by an independent testing laboratory approved by the Board. A | ||||||
13 | master sports wagering licensee may continue to use supplies | ||||||
14 | acquired from a licensed supplier, even if a supplier's | ||||||
15 | license expires or is otherwise canceled, unless the Board | ||||||
16 | finds a defect in the supplies.
| ||||||
17 | (Source: P.A. 101-31, eff. 6-28-19.) | ||||||
18 | Section 97. Severability. The provisions of this Act are | ||||||
19 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
|