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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Horse Racing Act of 1975 is amended | ||||||||||||||||||||||||||||||
5 | by adding Section 27.2 as follows: | ||||||||||||||||||||||||||||||
6 | (230 ILCS 5/27.2 new) | ||||||||||||||||||||||||||||||
7 | Sec. 27.2. Withholding for support from winning wagers or | ||||||||||||||||||||||||||||||
8 | winnings from wagers. An organization licensee shall withhold | ||||||||||||||||||||||||||||||
9 | moneys from winning wagers and winnings from wagers placed upon | ||||||||||||||||||||||||||||||
10 | races conducted by that organization licensee as provided in | ||||||||||||||||||||||||||||||
11 | Section 56 of the Income Withholding for Support Act. | ||||||||||||||||||||||||||||||
12 | Section 10. The Riverboat Gambling Act is amended by | ||||||||||||||||||||||||||||||
13 | changing Section 7 and by adding Section 13.05 as follows:
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14 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
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15 | Sec. 7. Owners Licenses.
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16 | (a) The Board shall issue owners licenses to persons, firms | ||||||||||||||||||||||||||||||
17 | or
corporations which apply for such licenses upon payment to | ||||||||||||||||||||||||||||||
18 | the Board of the
non-refundable license fee set by the Board, | ||||||||||||||||||||||||||||||
19 | upon payment of a $25,000
license fee for the first year of | ||||||||||||||||||||||||||||||
20 | operation and a $5,000 license fee for
each succeeding year and | ||||||||||||||||||||||||||||||
21 | upon a determination by the Board that the
applicant is |
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1 | eligible for an owners license pursuant to this Act and the
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2 | rules of the Board. From the effective date of this amendatory | ||||||
3 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
4 | effective date of this amendatory Act of the 95th General | ||||||
5 | Assembly, (ii) the date any organization licensee begins to | ||||||
6 | operate a slot machine or video game of chance under the | ||||||
7 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
8 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
9 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
10 | Act is increased by law to reflect a tax rate that is at least | ||||||
11 | as stringent or more stringent than the tax rate contained in | ||||||
12 | subsection (a-3) of Section 13, whichever occurs first, as a | ||||||
13 | condition of licensure and as an alternative source of payment | ||||||
14 | for those funds payable under subsection (c-5) of Section 13 of | ||||||
15 | the Riverboat Gambling Act, any owners licensee that holds or | ||||||
16 | receives its owners license on or after the effective date of | ||||||
17 | this amendatory Act of the 94th General Assembly, other than an | ||||||
18 | owners licensee operating a riverboat with adjusted gross | ||||||
19 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
20 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
21 | other payments required under this Act, an amount equal to 3% | ||||||
22 | of the adjusted gross receipts received by the owners licensee. | ||||||
23 | The payments required under this Section shall be made by the | ||||||
24 | owners licensee to the State Treasurer no later than 3:00 | ||||||
25 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
26 | receipts were received by the owners licensee. A person, firm |
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1 | or corporation is ineligible to receive
an owners license if:
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2 | (1) the person has been convicted of a felony under the | ||||||
3 | laws of this
State, any other state, or the United States;
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4 | (2) the person has been convicted of any violation of | ||||||
5 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
6 | similar laws of any other jurisdiction;
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7 | (3) the person has submitted an application for a | ||||||
8 | license under this
Act which contains false information;
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9 | (4) the person is
a member of the Board;
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10 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
11 | officer, director or
managerial employee of the firm or | ||||||
12 | corporation;
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13 | (6) the firm or corporation employs a person defined in | ||||||
14 | (1), (2), (3) or
(4) who participates in the management or | ||||||
15 | operation of gambling operations
authorized under this | ||||||
16 | Act;
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17 | (7) (blank); or
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18 | (8) a license of the person, firm or corporation issued | ||||||
19 | under
this Act, or a license to own or operate gambling | ||||||
20 | facilities
in any other jurisdiction, has been revoked.
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21 | The Board is expressly prohibited from making changes to | ||||||
22 | the requirement that licensees make payment into the Horse | ||||||
23 | Racing Equity Trust Fund without the express authority of the | ||||||
24 | Illinois General Assembly and making any other rule to | ||||||
25 | implement or interpret this amendatory Act of the 95th General | ||||||
26 | Assembly. For the purposes of this paragraph, "rules" is given |
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1 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
2 | Administrative Procedure Act. | ||||||
3 | (b) In determining whether to grant an owners license to an | ||||||
4 | applicant, the
Board shall consider:
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5 | (1) the character, reputation, experience and | ||||||
6 | financial integrity of the
applicants and of any other or | ||||||
7 | separate person that either:
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8 | (A) controls, directly or indirectly, such | ||||||
9 | applicant, or
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10 | (B) is controlled, directly or indirectly, by such | ||||||
11 | applicant or by a
person which controls, directly or | ||||||
12 | indirectly, such applicant;
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13 | (2) the facilities or proposed facilities for the | ||||||
14 | conduct of riverboat
gambling;
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15 | (3) the highest prospective total revenue to be derived | ||||||
16 | by the State
from the conduct of riverboat gambling;
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17 | (4) the extent to which the ownership of the applicant | ||||||
18 | reflects the
diversity of the State by including minority | ||||||
19 | persons, females, and persons with a disability
and the | ||||||
20 | good faith affirmative action plan of
each applicant to | ||||||
21 | recruit, train and upgrade minority persons, females, and | ||||||
22 | persons with a disability in all employment | ||||||
23 | classifications;
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24 | (5) the financial ability of the applicant to purchase | ||||||
25 | and maintain
adequate liability and casualty insurance;
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26 | (6) whether the applicant has adequate capitalization |
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1 | to provide and
maintain, for the duration of a license, a | ||||||
2 | riverboat;
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3 | (7) the extent to which the applicant exceeds or meets | ||||||
4 | other standards
for the issuance of an owners license which | ||||||
5 | the Board may adopt by rule;
and
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6 | (8) The amount of the applicant's license bid.
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7 | (c) Each owners license shall specify the place where | ||||||
8 | riverboats shall
operate and dock.
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9 | (d) Each applicant shall submit with his application, on | ||||||
10 | forms
provided by the Board, 2 sets of his fingerprints.
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11 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
12 | holders of such
licenses to own riverboats. In the application | ||||||
13 | for an owners license, the
applicant shall state the dock at | ||||||
14 | which the riverboat is based and the water
on which the | ||||||
15 | riverboat will be located. The Board shall issue 5 licenses to
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16 | become effective not earlier than January 1, 1991. Three of | ||||||
17 | such licenses
shall authorize riverboat gambling on the | ||||||
18 | Mississippi River, or, with approval
by the municipality in | ||||||
19 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
20 | approval, be authorized to relocate to a new location,
in a
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21 | municipality that (1) borders on the Mississippi River or is | ||||||
22 | within 5
miles of the city limits of a municipality that | ||||||
23 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
24 | had a riverboat conducting riverboat gambling operations | ||||||
25 | pursuant to
a license issued under this Act; one of which shall | ||||||
26 | authorize riverboat
gambling from a home dock in the city of |
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1 | East St. Louis. One other license
shall
authorize riverboat | ||||||
2 | gambling on
the Illinois River south of Marshall County. The | ||||||
3 | Board shall issue one
additional license to become effective | ||||||
4 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
5 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
6 | issue 4 additional licenses to become effective not
earlier | ||||||
7 | than
March 1, 1992. In determining the water upon which | ||||||
8 | riverboats will operate,
the Board shall consider the economic | ||||||
9 | benefit which riverboat gambling confers
on the State, and | ||||||
10 | shall seek to assure that all regions of the State share
in the | ||||||
11 | economic benefits of riverboat gambling.
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12 | In granting all licenses, the Board may give favorable | ||||||
13 | consideration to
economically depressed areas of the State, to | ||||||
14 | applicants presenting plans
which provide for significant | ||||||
15 | economic development over a large geographic
area, and to | ||||||
16 | applicants who currently operate non-gambling riverboats in
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17 | Illinois.
The Board shall review all applications for owners | ||||||
18 | licenses,
and shall inform each applicant of the Board's | ||||||
19 | decision.
The Board may grant an owners license to an
applicant | ||||||
20 | that has not submitted the highest license bid, but if it does | ||||||
21 | not
select the highest bidder, the Board shall issue a written | ||||||
22 | decision explaining
why another
applicant was selected and | ||||||
23 | identifying the factors set forth in this Section
that favored | ||||||
24 | the winning bidder.
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25 | In addition to any other revocation powers granted to the | ||||||
26 | Board under this
Act,
the Board may revoke the owners license |
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1 | of a licensee which fails
to begin conducting gambling within | ||||||
2 | 15 months
of receipt of the
Board's approval of the application | ||||||
3 | if the Board determines that license
revocation is in the best | ||||||
4 | interests of the State.
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5 | (f) The first 10 owners licenses issued under this Act | ||||||
6 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
7 | thereon
for a period of 3 years after the effective date of the | ||||||
8 | license. Holders of
the first 10 owners licenses must pay the | ||||||
9 | annual license fee for each of
the 3
years during which they | ||||||
10 | are authorized to own riverboats.
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11 | (g) Except as provided in Section 13.05, upon Upon the | ||||||
12 | termination, expiration, or revocation of each of the first
10 | ||||||
13 | licenses, which shall be issued for a 3 year period, all | ||||||
14 | licenses are
renewable annually upon payment of the fee and a | ||||||
15 | determination by the Board
that the licensee continues to meet | ||||||
16 | all of the requirements of this Act and the
Board's rules.
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17 | However, for licenses renewed on or after May 1, 1998, renewal | ||||||
18 | shall be
for a period of 4 years, unless the Board sets a | ||||||
19 | shorter period.
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20 | (h) An owners license shall entitle the licensee to own up | ||||||
21 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
22 | participants to
1,200 for any such owners license.
A licensee | ||||||
23 | may operate both of its riverboats concurrently, provided that | ||||||
24 | the
total number of gambling participants on both riverboats | ||||||
25 | does not exceed
1,200. Riverboats licensed to operate on the
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26 | Mississippi River and the Illinois River south of Marshall |
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1 | County shall
have an authorized capacity of at least 500 | ||||||
2 | persons. Any other riverboat
licensed under this Act shall have | ||||||
3 | an authorized capacity of at least 400
persons.
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4 | (i) A licensed owner is authorized to apply to the Board | ||||||
5 | for and, if
approved therefor, to receive all licenses from the | ||||||
6 | Board necessary for the
operation of a riverboat, including a | ||||||
7 | liquor license, a license
to prepare and serve food for human | ||||||
8 | consumption, and other necessary
licenses. All use, occupation | ||||||
9 | and excise taxes which apply to the sale of
food and beverages | ||||||
10 | in this State and all taxes imposed on the sale or use
of | ||||||
11 | tangible personal property apply to such sales aboard the | ||||||
12 | riverboat.
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13 | (j) The Board may issue or re-issue a license authorizing a | ||||||
14 | riverboat to
dock
in a municipality or approve a relocation | ||||||
15 | under Section 11.2 only if, prior
to the issuance or | ||||||
16 | re-issuance of
the license or approval, the governing body of | ||||||
17 | the municipality in which
the riverboat will dock has by a | ||||||
18 | majority vote approved the docking of
riverboats in the | ||||||
19 | municipality. The Board may issue or re-issue a license
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20 | authorizing a
riverboat to dock in areas of a county outside | ||||||
21 | any municipality or approve a
relocation under Section 11.2 | ||||||
22 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
23 | approval, the
governing body of the county has by a majority | ||||||
24 | vote approved of the docking of
riverboats within such areas.
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25 | (Source: P.A. 95-1008, eff. 12-15-08; 96-1392, eff. 1-1-11.)
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1 | (230 ILCS 10/13.05 new) | ||||||
2 | Sec. 13.05. Withholding for support from gaming winnings; | ||||||
3 | penalty for failure. | ||||||
4 | (a) A licensed owner shall withhold moneys from winnings on | ||||||
5 | games as provided in Section 56 of the Income Withholding for | ||||||
6 | Support Act. | ||||||
7 | (b) If a licensed owner, or an employee, agent, or | ||||||
8 | representative of a licensed owner acting on the licensed | ||||||
9 | owner's behalf, fails to withhold, from winnings otherwise | ||||||
10 | payable to an individual, an amount representing delinquent | ||||||
11 | child support as required under Section 56 of the Income | ||||||
12 | Withholding for Support Act, the owner's license is not | ||||||
13 | renewable under subsection (g) of Section 7 upon its | ||||||
14 | expiration, but the owner must instead apply for a new license | ||||||
15 | as provided in Sections 6 and 7. | ||||||
16 | Section 15. The Income Withholding for Support Act is | ||||||
17 | amended by adding Section 56 as follows: | ||||||
18 | (750 ILCS 28/56 new) | ||||||
19 | Sec. 56. Withholding from gaming winnings. | ||||||
20 | (a) Delinquency information. The Department of Healthcare | ||||||
21 | and Family Services shall provide to each organization licensee | ||||||
22 | under the Illinois Horse Racing Act of 1975 and each licensed | ||||||
23 | owner under the Riverboat Gambling Act information concerning | ||||||
24 | all individuals who are identified in the State Case Registry |
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1 | established pursuant to Section 10-27 of the Illinois Public | ||||||
2 | Aid Code and who have been determined to be delinquent in the | ||||||
3 | payment of child support. The information made available to a | ||||||
4 | licensee under this Section about each individual obligor who | ||||||
5 | has been determined to be delinquent in the payment of child | ||||||
6 | support shall include appropriate information to identify the | ||||||
7 | individual, the amount of the delinquency, and other | ||||||
8 | information necessary for the organization licensee or | ||||||
9 | licensed owner to remit payment of withheld amounts to the | ||||||
10 | Department of Healthcare and Family Services as provided in | ||||||
11 | this Section. | ||||||
12 | (b) Licensee's withholding obligations. If an organization | ||||||
13 | licensee or an employee of an organization licensee under the | ||||||
14 | Illinois Horse Racing Act of 1975, or a licensed owner or an | ||||||
15 | employee of a licensed owner under the Riverboat Gambling Act, | ||||||
16 | disburses winnings from wagers or a jackpot, exchange chips, | ||||||
17 | tokens, or vouchers (hereinafter, collectively, "cash | ||||||
18 | winnings") in the amount of $1,200 or more to a person | ||||||
19 | identified pursuant to this Section in the State Case Registry | ||||||
20 | as being delinquent in child support, the organization | ||||||
21 | licensee, licensed owner, or employee: | ||||||
22 | (1) may deduct and retain an administrative fee in the | ||||||
23 | amount of 5% of the amount of delinquent child support | ||||||
24 | withheld under this Section or $250, whichever is less; | ||||||
25 | (2) shall withhold the amount of delinquent child | ||||||
26 | support owed or so much of the delinquent child support |
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1 | owed that is collectible from the winnings; | ||||||
2 | (3) shall transmit to the Department of Healthcare and | ||||||
3 | Family Services, within 7 business days after the date the | ||||||
4 | cash winnings were paid or claimed: the amount withheld | ||||||
5 | under this Section; identifying information, including the | ||||||
6 | full name, address, and social security number of the | ||||||
7 | obligor and the child support case identifier; the date and | ||||||
8 | amount of the cash winnings and the amount withheld; and | ||||||
9 | the name, location, and contact information of the | ||||||
10 | licensee; and | ||||||
11 | (4) shall issue to the obligor a receipt, in a form | ||||||
12 | prescribed by the Department of Healthcare and Family | ||||||
13 | Services, stating the total amount withheld from the cash | ||||||
14 | winnings for delinquent child support and the | ||||||
15 | administrative fee. | ||||||
16 | (c) Notice to obligor. The Department of Healthcare and | ||||||
17 | Family Services shall provide written notice to the obligor, at | ||||||
18 | the address provided by the organization licensee or licensed | ||||||
19 | owner, that the Department intends to offset the obligor's | ||||||
20 | delinquent child support with some or all of his or her cash | ||||||
21 | winnings. The Department shall hold the amount withheld from | ||||||
22 | the obligor's cash winnings for 10 business days after sending | ||||||
23 | the written notice to the obligor before applying the amount as | ||||||
24 | payment toward the obligor's delinquent child support. | ||||||
25 | (d) The delinquent child support required to be withheld | ||||||
26 | under this Section and the administrative fee authorized under |
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1 | this Section have priority over any secured or unsecured claim | ||||||
2 | on cash winnings, except claims for federal or State taxes that | ||||||
3 | are required to be withheld under federal or State law. | ||||||
4 | (e) Administrative appeal. The obligor may dispute the | ||||||
5 | notice in subsection (c), as provided in Sections 10-12, 10-13, | ||||||
6 | and 10-14 of the Illinois Public Aid Code and Sections 160.60 | ||||||
7 | and 160.61 of Title 89 of the Illinois Administrative Code. | ||||||
8 | (f) Enforcement. The Department of Healthcare and Family | ||||||
9 | Services and the Illinois Gaming Board shall provide for | ||||||
10 | enforcement of this Section by rule. | ||||||
11 | (g) Immunity. An organization licensee or licensed owner is | ||||||
12 | immune from civil or criminal liability for acting in | ||||||
13 | conformity with this Section or the rules applicable to a | ||||||
14 | licensee under this Section.
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