97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3786

 

Introduced 5/27/2011, by Rep. Rosemary Mulligan

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 10/11.2
230 ILCS 10/12  from Ch. 120, par. 2412

    Amends the Riverboat Gambling Act. Provides that notwithstanding any other provision of the Act, no gaming positions operated within the corporate limits of the City of Chicago may be physically located within 20 miles of the gaming positions operated by a licensee that is located in the City of Des Plaines. Provides that certain admissions taxes and fees imposed under the Act on a licensee that is located in the City of Des Plaines may not be distributed to any other municipality other than the City of Des Plaines. Provides that any revenue-sharing agreement that violates this prohibition shall be considered null and void. Effective immediately.


LRB097 12125 ASK 56130 b

 

 

A BILL FOR

 

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1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Riverboat Gambling Act is amended by
5changing Sections 11.2 and 12 as follows:
 
6    (230 ILCS 10/11.2)
7    Sec. 11.2. Relocation of riverboat home dock.
8    (a) A licensee that was not conducting riverboat gambling
9on January 1, 1998 may apply to the Board for renewal and
10approval of relocation to a new home dock location authorized
11under Section 3(c) and the Board shall grant the application
12and approval upon receipt by the licensee of approval from the
13new municipality or county, as the case may be, in which the
14licensee wishes to relocate pursuant to Section 7(j).
15    (b) Any licensee that relocates its home dock pursuant to
16this Section shall attain a level of at least 20% minority
17person and female ownership, at least 16% and 4% respectively,
18within a time period prescribed by the Board, but not to exceed
1912 months from the date the licensee begins conducting gambling
20at the new home dock location. The 12-month period shall be
21extended by the amount of time necessary to conduct a
22background investigation pursuant to Section 6. For the
23purposes of this Section, the terms "female" and "minority

 

 

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1person" have the meanings provided in Section 2 of the Business
2Enterprise for Minorities, Females, and Persons with
3Disabilities Act.
4    (c) Notwithstanding any other Section of this Act, no
5gaming positions operated within the corporate limits of the
6City of Chicago may be physically located within 20 miles of
7the gaming positions operated by a licensee that relocates
8under this Section and is located in the City of Des Plaines.
9(Source: P.A. 91-40, eff. 6-25-99.)
 
10    (230 ILCS 10/12)  (from Ch. 120, par. 2412)
11    Sec. 12. Admission tax; fees.
12    (a) A tax is hereby imposed upon admissions to riverboats
13operated by licensed owners authorized pursuant to this Act.
14Until July 1, 2002, the rate is $2 per person admitted. From
15July 1, 2002 until July 1, 2003, the rate is $3 per person
16admitted. From July 1, 2003 until August 23, 2005 (the
17effective date of Public Act 94-673), for a licensee that
18admitted 1,000,000 persons or fewer in the previous calendar
19year, the rate is $3 per person admitted; for a licensee that
20admitted more than 1,000,000 but no more than 2,300,000 persons
21in the previous calendar year, the rate is $4 per person
22admitted; and for a licensee that admitted more than 2,300,000
23persons in the previous calendar year, the rate is $5 per
24person admitted. Beginning on August 23, 2005 (the effective
25date of Public Act 94-673), for a licensee that admitted

 

 

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11,000,000 persons or fewer in calendar year 2004, the rate is
2$2 per person admitted, and for all other licensees, including
3licensees that were not conducting gambling operations in 2004,
4the rate is $3 per person admitted. This admission tax is
5imposed upon the licensed owner conducting gambling.
6        (1) The admission tax shall be paid for each admission,
7    except that a person who exits a riverboat gambling
8    facility and reenters that riverboat gambling facility
9    within the same gaming day shall be subject only to the
10    initial admission tax.
11        (2) (Blank).
12        (3) The riverboat licensee may issue tax-free passes to
13    actual and necessary officials and employees of the
14    licensee or other persons actually working on the
15    riverboat.
16        (4) The number and issuance of tax-free passes is
17    subject to the rules of the Board, and a list of all
18    persons to whom the tax-free passes are issued shall be
19    filed with the Board.
20    (a-5) A fee is hereby imposed upon admissions operated by
21licensed managers on behalf of the State pursuant to Section
227.3 at the rates provided in this subsection (a-5). For a
23licensee that admitted 1,000,000 persons or fewer in the
24previous calendar year, the rate is $3 per person admitted; for
25a licensee that admitted more than 1,000,000 but no more than
262,300,000 persons in the previous calendar year, the rate is $4

 

 

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1per person admitted; and for a licensee that admitted more than
22,300,000 persons in the previous calendar year, the rate is $5
3per person admitted.
4        (1) The admission fee shall be paid for each admission.
5        (2) (Blank).
6        (3) The licensed manager may issue fee-free passes to
7    actual and necessary officials and employees of the manager
8    or other persons actually working on the riverboat.
9        (4) The number and issuance of fee-free passes is
10    subject to the rules of the Board, and a list of all
11    persons to whom the fee-free passes are issued shall be
12    filed with the Board.
13    (b) From the tax imposed under subsection (a) and the fee
14imposed under subsection (a-5), a municipality shall receive
15from the State $1 for each person embarking on a riverboat
16docked within the municipality, and a county shall receive $1
17for each person embarking on a riverboat docked within the
18county but outside the boundaries of any municipality. The
19municipality's or county's share shall be collected by the
20Board on behalf of the State and remitted quarterly by the
21State, subject to appropriation, to the treasurer of the unit
22of local government for deposit in the general fund.
23    (c) The licensed owner shall pay the entire admission tax
24to the Board and the licensed manager shall pay the entire
25admission fee to the Board. Such payments shall be made daily.
26Accompanying each payment shall be a return on forms provided

 

 

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1by the Board which shall include other information regarding
2admissions as the Board may require. Failure to submit either
3the payment or the return within the specified time may result
4in suspension or revocation of the owners or managers license.
5    (d) The Board shall administer and collect the admission
6tax imposed by this Section, to the extent practicable, in a
7manner consistent with the provisions of Sections 4, 5, 5a, 5b,
85c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
9Retailers' Occupation Tax Act and Section 3-7 of the Uniform
10Penalty and Interest Act.
11    (e) Notwithstanding any other provision of this Act, the
12taxes and fees imposed under this Section on a licensee that
13relocates under Section 11.2 of this Act and is located in the
14City of Des Plaines may not be distributed to any other
15municipality other than the City of Des Plaines. Any
16revenue-sharing agreement that violates this subsection (e)
17shall be considered null and void.
18(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.