Full Text of SB0737 96th General Assembly
SB0737ham001 96TH GENERAL ASSEMBLY | Executive Committee Filed: 1/5/2011
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| 1 | | AMENDMENT TO SENATE BILL 737
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 737 on page 16, by | 3 | | replacing lines 17 and 18 with "schools, parks, cultural | 4 | | institution facilities, museums within the municipality, and | 5 | | facilities at Navy Pier that are owned by the Metropolitan Pier | 6 | | and Exposition Authority."; and | 7 | | on page 15, line 16, by replacing "Capital Projects" with | 8 | | "Gaming Facilities Fee Revenue"; and | 9 | | on page 19, by replacing lines 3 through 8 with the following: | 10 | | "The Committee shall consist of 11 members as provided in | 11 | | this Section. Four members shall be selected by the Governor, 3 | 12 | | members shall be selected by the Mayor of the City of Chicago; | 13 | | one member shall be selected by the President of the Illinois | 14 | | Senate; one member shall be selected by the Speaker of the | 15 | | House of Representatives; one member shall be selected by the | 16 | | Minority Leader of the Senate; and one member"; and |
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| 1 | | on page 20, immediately below line 4, by inserting the | 2 | | following: | 3 | | "Section 1-67. Limitations on gaming at Chicago airports. | 4 | | Gaming in any Chicago airport must be (1) conducted beyond the | 5 | | Transportation Security Administration security checkpoints | 6 | | and (2) limited to slot machines, as defined in Section 4 of | 7 | | the Illinois Gambling Act."; and | 8 | | on page 37, line 5, after "IV of", by inserting "Chapter"; and
| 9 | | on page 37, line 9, by replacing "2-92-420" with "Section | 10 | | 2-92-420"; and | 11 | | on page 40, line 2, by replacing "(8)" with "(9)"; and | 12 | | on page 40, line 8, by replacing "(9)" with "(10)"; and | 13 | | on page 40, line 11, by replacing "(10)" with "(11)"; and | 14 | | on page 40, immediately below line 17, by inserting the | 15 | | following: | 16 | | "Section 90-3. The State Officials and Employees Ethics Act | 17 | | is amended by changing Section 5-45 as follows: |
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| 1 | | (5 ILCS 430/5-45)
| 2 | | Sec. 5-45. Procurement; revolving door prohibition.
| 3 | | (a) No former officer, member, or State employee, or spouse | 4 | | or
immediate family member living with such person, shall, | 5 | | within a period of one
year immediately after termination of | 6 | | State employment, knowingly accept
employment or receive | 7 | | compensation or fees for services from a person or entity
if | 8 | | the officer, member, or State employee, during the year | 9 | | immediately
preceding termination of State employment, | 10 | | participated personally and
substantially in the award of State | 11 | | contracts, or the issuance of State contract change orders, | 12 | | with a cumulative value
of $25,000
or more to the person or | 13 | | entity, or its parent or subsidiary.
| 14 | | (b) No former officer of the executive branch or State | 15 | | employee of the
executive branch with regulatory or
licensing | 16 | | authority, or spouse or immediate family member living with | 17 | | such
person, shall, within a period of one year immediately | 18 | | after termination of
State employment, knowingly accept | 19 | | employment or receive compensation or fees
for services from a | 20 | | person or entity if the officer
or State
employee, during the | 21 | | year immediately preceding
termination of State employment, | 22 | | participated personally and substantially in making a | 23 | | regulatory or licensing decision that
directly applied to the | 24 | | person or entity, or its parent or subsidiary.
| 25 | | (c) Within 6 months after the effective date of this |
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| 1 | | amendatory Act of the 96th General Assembly, each executive | 2 | | branch constitutional officer and legislative leader, the | 3 | | Auditor General, and the Joint Committee on Legislative Support | 4 | | Services shall adopt a policy delineating which State positions | 5 | | under his or her jurisdiction and control, by the nature of | 6 | | their duties, may have the authority to participate personally | 7 | | and substantially in the award of State contracts or in | 8 | | regulatory or licensing decisions. The Governor shall adopt | 9 | | such a policy for all State employees of the executive branch | 10 | | not under the jurisdiction and control of any other executive | 11 | | branch constitutional officer.
| 12 | | The policies required under subsection (c) of this Section | 13 | | shall be filed with the appropriate ethics commission | 14 | | established under this Act or, for the Auditor General, with | 15 | | the Office of the Auditor General. | 16 | | (d) Each Inspector General shall have the authority to | 17 | | determine that additional State positions under his or her | 18 | | jurisdiction, not otherwise subject to the policies required by | 19 | | subsection (c) of this Section, are nonetheless subject to the | 20 | | notification requirement of subsection (f) below due to their | 21 | | involvement in the award of State contracts or in regulatory or | 22 | | licensing decisions. | 23 | | (e) The Joint Committee on Legislative Support Services, | 24 | | the Auditor General, and each of the executive branch | 25 | | constitutional officers and legislative leaders subject to | 26 | | subsection (c) of this Section shall provide written |
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| 1 | | notification to all employees in positions subject to the | 2 | | policies required by subsection (c) or a determination made | 3 | | under subsection (d): (1) upon hiring, promotion, or transfer | 4 | | into the relevant position; and (2) at the time the employee's | 5 | | duties are changed in such a way as to qualify that employee. | 6 | | An employee receiving notification must certify in writing that | 7 | | the person was advised of the prohibition and the requirement | 8 | | to notify the appropriate Inspector General in subsection (f). | 9 | | (f) Any State employee in a position subject to the | 10 | | policies required by subsection (c) or to a determination under | 11 | | subsection (d), but who does not fall within the prohibition of | 12 | | subsection (h) below, who is offered non-State employment | 13 | | during State employment or within a period of one year | 14 | | immediately after termination of State employment shall, prior | 15 | | to accepting such non-State employment, notify the appropriate | 16 | | Inspector General. Within 10 calendar days after receiving | 17 | | notification from an employee in a position subject to the | 18 | | policies required by subsection (c), such Inspector General | 19 | | shall make a determination as to whether the State employee is | 20 | | restricted from accepting such employment by subsection (a) or | 21 | | (b). In making a determination, in addition to any other | 22 | | relevant information, an Inspector General shall assess the | 23 | | effect of the prospective employment or relationship upon | 24 | | decisions referred to in subsections (a) and (b), based on the | 25 | | totality of the participation by the former officer, member, or | 26 | | State employee in those decisions. A determination by an |
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| 1 | | Inspector General must be in writing, signed and dated by the | 2 | | Inspector General, and delivered to the subject of the | 3 | | determination within 10 calendar days or the person is deemed | 4 | | eligible for the employment opportunity. For purposes of this | 5 | | subsection, "appropriate Inspector General" means (i) for | 6 | | members and employees of the legislative branch, the | 7 | | Legislative Inspector General; (ii) for the Auditor General and | 8 | | employees of the Office of the Auditor General, the Inspector | 9 | | General provided for in Section 30-5 of this Act; and (iii) for | 10 | | executive branch officers and employees, the Inspector General | 11 | | having jurisdiction over the officer or employee. Notice of any | 12 | | determination of an Inspector General and of any such appeal | 13 | | shall be given to the ultimate jurisdictional authority, the | 14 | | Attorney General, and the Executive Ethics Commission. | 15 | | (g) An Inspector General's determination regarding | 16 | | restrictions under subsection (a) or (b) may be appealed to the | 17 | | appropriate Ethics Commission by the person subject to the | 18 | | decision or the Attorney General no later than the 10th | 19 | | calendar day after the date of the determination. | 20 | | On appeal, the Ethics Commission or Auditor General shall | 21 | | seek, accept, and consider written public comments regarding a | 22 | | determination. In deciding whether to uphold an Inspector | 23 | | General's determination, the appropriate Ethics Commission or | 24 | | Auditor General shall assess, in addition to any other relevant | 25 | | information, the effect of the prospective employment or | 26 | | relationship upon the decisions referred to in subsections (a) |
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| 1 | | and (b), based on the totality of the participation by the | 2 | | former officer, member, or State employee in those decisions. | 3 | | The Ethics Commission shall decide whether to uphold an | 4 | | Inspector General's determination within 10 calendar days or | 5 | | the person is deemed eligible for the employment opportunity. | 6 | | (h) The following officers, members, or State employees | 7 | | shall not, within a period of one year immediately after | 8 | | termination of office or State employment, knowingly accept | 9 | | employment or receive compensation or fees for services from a | 10 | | person or entity if the person or entity or its parent or | 11 | | subsidiary, during the year immediately preceding termination | 12 | | of State employment, was a party to a State contract or | 13 | | contracts with a cumulative value of $25,000 or more involving | 14 | | the officer, member, or State employee's State agency, or was | 15 | | the subject of a regulatory or licensing decision involving the | 16 | | officer, member, or State employee's State agency, regardless | 17 | | of whether he or she participated personally and substantially | 18 | | in the award of the State contract or contracts or the making | 19 | | of the regulatory or licensing decision in question: | 20 | | (1) members or officers; | 21 | | (2) members of a commission or board created by the | 22 | | Illinois Constitution; | 23 | | (3) persons whose appointment to office is subject to | 24 | | the advice and consent of the Senate; | 25 | | (4) the head of a department, commission, board, | 26 | | division, bureau, authority, or other administrative unit |
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| 1 | | within the government of this State; | 2 | | (5) chief procurement officers, State purchasing | 3 | | officers, and their designees whose duties are directly | 4 | | related to State procurement; and | 5 | | (6) chiefs of staff, deputy chiefs of staff, associate | 6 | | chiefs of staff, assistant chiefs of staff, and deputy | 7 | | governors ; . | 8 | | (7) employees of the Illinois Racing Board; and | 9 | | (8) employees of the Illinois Gaming Board. | 10 | | (Source: P.A. 96-555, eff. 8-18-09.)"; and | 11 | | by replacing line 15 on page 42 through line 12 on page 43 with | 12 | | the following: | 13 | | " 8 members as follows: | 14 | | (1) One member appointed by the President of the Senate | 15 | | to serve an initial term of 2 years. | 16 | | (2) One member appointed by the Minority Leader of the | 17 | | Senate to serve an initial term of one year. | 18 | | (3) One member appointed by the Speaker of the House of | 19 | | Representatives to serve an initial term of 2 years. | 20 | | (4) One member appointed by the Minority Leader of the | 21 | | House of Representatives to serve an initial term of one | 22 | | year. | 23 | | (5) Four members appointed by the Governor, 2 of whom | 24 | | are appointed to serve an initial term of one year and 2 of | 25 | | whom are appointed to serve an initial term of 2 years with |
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| 1 | | one being designated as chair of the Board at the time of | 2 | | appointment. "; and | 3 | | on page 43, line 17, after " appointment. ", by inserting " No | 4 | | member of the Board shall, at the time of his or her | 5 | | appointment or within 2 years before the appointment, hold | 6 | | elected office or be appointed to a State board, commission, or | 7 | | agency. All Board members are subject to the State Officials | 8 | | and Employees Ethics Act. "; and | 9 | | on page 43, line 23, after " recommendations ", by inserting " , | 10 | | which must be approved by a majority of the Board, "; and | 11 | | on page 51, line 21, by replacing " Fifty " with " Twenty-five "; | 12 | | and | 13 | | on page 51, line 23, by replacing " fifty percent " with " 75% "; | 14 | | and | 15 | | on page 54, line 10, before " gaming ", by inserting | 16 | | " electronic "; and | 17 | | on page 54, line 16, by deleting " an owners licensee or "; and | 18 | | on page 54, line 21, by deleting " owners license "; and |
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| 1 | | on page 55, line 17, by replacing " ; or " with " . "; and | 2 | | on page 55, line 18, by deleting " owners license, "; and | 3 | | on page 55, by deleting lines 25 through 26; and | 4 | | on page 56, by deleting lines 1 through 5; and | 5 | | on page 93, line 8, by deleting " any licensee or other person | 6 | | in "; and | 7 | | on page 95, by replacing lines 9 through 12 with the following: | 8 | | " Illinois Gambling Act. In addition, all Board members and | 9 | | employees are subject to the restrictions set forth in Section | 10 | | 5-45 of the State Officials and Employees Ethics Act. "; and | 11 | | on page 197, line 6, after " to ", by inserting " the animal | 12 | | sciences department of "; and | 13 | | on page 204, by replacing lines 21 through 25 with the | 14 | | following: | 15 | | " (b) Beginning on January 1 following the calendar yar | 16 | | during which an organization licensee begins conducting | 17 | | electronic gaming operations pursuant to Section 56 of this | 18 | | Act, the maximum credit amount an organization licensee shall | 19 | | be eligible to receive pursuant to this Section shall be equal |
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| 1 | | to 50% of the credit awarded to the organization licensee in | 2 | | calendar year 2010. "; and | 3 | | on page 211, line 16, after " to ", by inserting " the animal | 4 | | sciences department of "; and | 5 | | on page 212, by deleting lines 23 through 26; and | 6 | | on page 213, by deleting line 1; and | 7 | | on page 213, line 3, by deleting "7.1,"; and | 8 | | on page 213, by replacing line 5 with "5.3, 7.6, 7.7, 7.8, 7.9, | 9 | | 7.10, and 7.11 as follows:"; and | 10 | | on page 217, by replacing lines 4 through 7 with the following: | 11 | | " "Slot machine" does not include table games authorized by | 12 | | the Board as a wagering device under this Act. "; and | 13 | | on page 217, by replacing line 16 with "cards by gaming | 14 | | riverboat patrons , excluding the total dollar amount of | 15 | | non-cashable vouchers, coupons, and electronic promotions | 16 | | redeemed by patrons upon a riverboat, in a casino, or at an | 17 | | electronic gaming facility ."; and | 18 | | on page 217, by replacing line 18 with "winnings paid to |
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| 1 | | wagerers. "Adjusted gross receipts" shall not include the total | 2 | | dollar amount of non-cashable vouchers, coupons, and | 3 | | electronic promotions redeemed by wagerers upon a riverboat, in | 4 | | a casino, or at an electronic gaming facility. "; and | 5 | | on page 218, line 4, after " means " by inserting " a live gaming | 6 | | apparatus upon which gaming is conducted or that determines the | 7 | | outcome that is the object of a wager, including, but not | 8 | | limited to, "; and | 9 | | on page 221, line 14, before " Horse Racing Act of 1975 ", by | 10 | | inserting " Illinois "; and | 11 | | on page 225, by replacing lines 2 through 5 with "shall be | 12 | | subject to termination of employment. In addition, all Board | 13 | | members and employees are subject to the restrictions set forth | 14 | | in Section 5-45 of the State Officials and Employees Ethics | 15 | | Act. "; and | 16 | | on page 242, immediately below line 5, by inserting the | 17 | | following: | 18 | | "(230 ILCS 10/5.3 new) | 19 | | Sec. 5.3. Prioritization of video gaming operations. | 20 | | (a) The General Assembly finds that the implementation of | 21 | | the Video Gaming Act and the commencement of video gaming |
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| 1 | | operations authorized pursuant to that Act are no less | 2 | | important than the activities and operations authorized by this | 3 | | amendatory Act of the 96th General Assembly. It is the intent | 4 | | of the General Assembly that the implementation of operations | 5 | | authorized by the Video Gaming Act must not be delayed as a | 6 | | result of this amendatory Act of the 96th General Assembly. | 7 | | (b) No licenses or additional gaming positions authorized | 8 | | in this amendatory Act of the 96th General Assembly shall be | 9 | | awarded or issued before the video gaming implementation date. | 10 | | For the purposes of this Section and this Act, "video gaming | 11 | | implementation date" means the date when at least 2,000 video | 12 | | gaming terminals authorized pursuant to the Video Gaming Act | 13 | | are operational and are being used to conduct video gaming with | 14 | | at least 1,000 video gaming terminals operating in Cook, Lake, | 15 | | McHenry, Kane, DuPage, and Will Counties, and at least 1,000 | 16 | | video gaming terminals operating in the remaining counties. "; | 17 | | and | 18 | | on page 242, lines 14 and 15, by deleting " or casino or | 19 | | electronic gaming operation "; and | 20 | | on page 246, lines 4 and 5, by deleting " or casino or | 21 | | electronic gaming operation "; and | 22 | | on page 246, lines 6 and 7, by deleting " or in any casino or | 23 | | electronic gaming operation "; and |
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| 1 | | on page 247, by replacing lines 10 and 11 with "subsection | 2 | | (a-3) of Section 13 , or (v) when an owners licensee holding a | 3 | | license issued pursuant to Section 7.1 of this Act begins | 4 | | conducting gaming "; and | 5 | | on page 250, lines 11 and 12, by replacing " a riverboat | 6 | | authorized in item (3) of subsection (e-10) " with " the | 7 | | ownership of the applicant "; and | 8 | | on page 251, line 15, after " location ", by inserting " that is | 9 | | no more than 10 miles away from its original location "; and | 10 | | on page 252, line 18, by deleting " owners "; and | 11 | | on page 253, by replacing lines 4 and 5 with " issued within 6 | 12 | | months after the video gaming implementation date, as defined | 13 | | in Section 5.3 of this Act. The fee for the "; and | 14 | | on page 254, by replacing lines 3 and 4 with " be issued within | 15 | | 6 months after the video gaming implementation date, as defined | 16 | | in Section 5.3 of this Act. The fee for the "; and | 17 | | on page 254, lines 12, 14, and 20, by deleting " owners " each | 18 | | time it appears; and |
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| 1 | | on page 255, by replacing lines 7 through 16 with the | 2 | | following: | 3 | | " (e-16) The provisions of this subsection (e-16) apply only | 4 | | to an owners licensee of a license issued or re-issued pursuant | 5 | | to Section 7.1 of this Act and if the owners licensee was found | 6 | | preliminarily suitable or suitable by the Board prior to the | 7 | | effective date of this amendatory Act of the 96th General | 8 | | Assembly. The owners licensee shall pay (i) a $100,000 fee for | 9 | | the issuance or renewal of its license and (ii) an initial fee | 10 | | of $25,000 per gaming position in place of, and not in addition | 11 | | to, the initial fee under subsection (h) of this Section 7. | 12 | | Additionally, the owners licensee shall make a reconciliation | 13 | | payment on July 1, 2016 in an amount equal to 75% of the | 14 | | average annual adjusted gross receipts, minus "; and | 15 | | on page 255, line 26, by replacing " subsection " with " Section "; | 16 | | and | 17 | | on page 256, line 2, after " Board ", by inserting " or their | 18 | | agents "; and | 19 | | on page 256, line 11, by replacing " (e) " with " (e-16) "; and | 20 | | on page 256, line 15, by replacing " subject to this subsection | 21 | | (e) " with " to the State or the Board or to their agents for | 22 | | consultants, licensing fees, up front fees, or other items "; |
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| 1 | | and | 2 | | on page 256, line 24, before " owners ", by inserting " of an "; | 3 | | and | 4 | | on page 257, line 11, by replacing " participants " with | 5 | | " positions "; and | 6 | | on page 257, line 13, by replacing "participants" with | 7 | | " positions participants "; and | 8 | | on page 257, line 15, by replacing " participants " with | 9 | | " positions "; and | 10 | | on page 257, line 24, by replacing "participants" with | 11 | | " positions participants "; and | 12 | | on page 258, line 15, by replacing " owner " with " owners "; and | 13 | | on page 258, by replacing lines 20 through 25 with " receipts" | 14 | | means (i) the increase in adjusted gross receipts for the most | 15 | | lucrative 12-month period of operations over the adjusted gross | 16 | | receipts for 2012, multiplied by (ii) the percentage derived by | 17 | | dividing the number of additional gaming positions that an | 18 | | owners licensee had purchased pursuant to subsection (h) by the | 19 | | total number of gaming positions operated by the owners |
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| 1 | | licensee. If "; and | 2 | | on page 260, immediately below line 20, by inserting the | 3 | | following: | 4 | | " (l) An owners licensee may conduct gaming at a temporary | 5 | | facility pending the construction of a permanent facility or | 6 | | the remodeling or relocation of an existing facility to | 7 | | accommodate gaming participants for up to 24 months after the | 8 | | temporary facility begins to conduct gaming. Upon request by an | 9 | | owners licensee and upon a showing of good cause by the owners | 10 | | licensee, the Board shall extend the period during which the | 11 | | licensee may conduct gaming at a temporary facility by up to 12 | 12 | | months. The Board shall make rules concerning the conduct of | 13 | | gaming from temporary facilities. | 14 | | (m) All casinos, riverboats, and electronic gaming | 15 | | facilities shall consist of buildings that are certified as | 16 | | meeting the U.S. Green Building Council's Leadership in Energy | 17 | | and Environmental Design standards. The provisions of this | 18 | | subsection (m) apply to a holder of an owners license, casino | 19 | | operator license, or electronic gaming license that (i) begins | 20 | | operations on or after January 1, 2012 or (ii) relocates its | 21 | | facilities. "; and | 22 | | on page 260, by deleting lines 22 through 25; and | 23 | | by deleting page 261; and |
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| 1 | | on page 262, by deleting lines 1 through 13; and | 2 | | on page 264, line 26, by replacing " receiving " with " the video | 3 | | gaming implementation date, as defined in Section 5.3 of this | 4 | | Act, whether to "; and | 5 | | on page 265, by deleting line 1; and | 6 | | on page 265, line 3, by replacing " 120 days " with " that time | 7 | | period "; and | 8 | | on page 269, by replacing lines 12 through 16 with " 1975. Any | 9 | | electronic gaming conducted at a permanent facility within 300 | 10 | | yards of the race track in accordance with this Act and the | 11 | | Illinois Horse Racing Act of 1975 shall have either an | 12 | | all-weather egress connecting the electronic gaming facility | 13 | | to the race track facility or, on days and hours of live | 14 | | racing, a complimentary shuttle service between the permanent | 15 | | electronic gaming facility and the race track facility and | 16 | | shall not charge electronic gaming participants an additional | 17 | | admission fee to the race track facility. "; and | 18 | | on page 270, by replacing lines 1 through 4 with the following: | 19 | | " the positions in an amount equal to 75% of the difference | 20 | | between its adjusted gross receipts from electronic gaming and |
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| 1 | | amounts paid to its purse accounts pursuant to item (1) of | 2 | | subsection (b) of Section 56 of the Illinois Horse Racing Act | 3 | | of 1975 for the 12-month period of operations over which such | 4 | | difference was the largest, minus an amount equal to the | 5 | | initial "; and | 6 | | on page 270, by replacing lines 20 through 26 with the | 7 | | following: | 8 | | " (k) Subject to the approval of the Illinois Gaming Board, | 9 | | an organization licensee that has received an electronic gaming | 10 | | license under this Act and has operating control of a race | 11 | | track facility located in Cook County may relocate its race | 12 | | track facility as follows: | 13 | | (1) the organization licensee may relocate within a | 14 | | 3-mile radius of its existing race track facility so long | 15 | | as the organization licensee remains in Cook County and | 16 | | submits its plan to construct a new structure to conduct | 17 | | electronic gaming operations; and | 18 | | (2) the organization licensee may not relocate within a | 19 | | 5-mile radius of a riverboat if the owners license was | 20 | | issued prior to December 31, 2011. | 21 | | The relocation must include the race track facility, | 22 | | including the race track operations used to conduct live racing | 23 | | and the electronic gaming facility in its entirety. For the | 24 | | purposes of this subsection (k), "race track facility" means | 25 | | all operations conducted on the race track property for which |
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| 1 | | it was awarded a license for pari-mutuel wagering and live | 2 | | racing in the year 2010, except for the real estate itself. The | 3 | | Illinois Gaming Board shall make its decision after consulting | 4 | | with the Illinois Racing Board, and any relocation application | 5 | | shall be subject to all of the provisions of this Act and the | 6 | | Illinois Horse Racing Act of 1975. "; and | 7 | | on page 271, by deleting lines 1 through 16; and | 8 | | on page 272, line 5, by replacing " an " with " the "; and | 9 | | on page 277, immediately below line 17, by inserting the | 10 | | following: | 11 | | "(230 ILCS 10/7.11 new) | 12 | | Sec. 7.11. Issuance of new owners licenses. | 13 | | (a) Owners licenses newly authorized pursuant to this | 14 | | amendatory Act of the 96th General Assembly may be issued by | 15 | | the Board to a qualified applicant pursuant to an open and | 16 | | competitive bidding process, as set forth in Section 7.5, and | 17 | | subject to the maximum number of authorized licenses set forth | 18 | | in subsection (e-10) of Section 7 of this Act. | 19 | | (b) To be a qualified applicant, a person, firm, or | 20 | | corporation cannot be ineligible to receive an owners license | 21 | | under subsection (a) of Section 7 of this Act and must submit | 22 | | an application for an owners license that complies with Section |
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| 1 | | 6. | 2 | | (c) In determining whether to grant an owners license to an | 3 | | applicant, the Board shall consider all of the factors set | 4 | | forth in subsections (b) and (e-10) of Section 7 of this Act, | 5 | | as well as the amount of the applicant's license bid. The Board | 6 | | may grant the owners license to an applicant that has not | 7 | | submitted the highest license bid, but if it does not select | 8 | | the highest bidder, the Board shall issue a written decision | 9 | | explaining why another applicant was selected and identifying | 10 | | the factors set forth in subsections (b) and (e-10) of Section | 11 | | 7 of this Act that favored the winning bidder. "; and | 12 | | on page 292, line 8, after " Collinsville ", by inserting " or the | 13 | | Village of Arlington Heights "; and | 14 | | on page 292, line 11, after "located,", by inserting " except as | 15 | | otherwise provided in this Section, "; and | 16 | | on page 292, line 17, by replacing " $.50 " with " $0.50 "; and | 17 | | on page 293, immediately below line 4, by inserting the | 18 | | following: | 19 | | " From the tax imposed under this subsection (c-5) from an | 20 | | electronic gaming facility located in the Village of Arlington | 21 | | Heights, $1 for each person who enters the electronic gaming | 22 | | facility shall be distributed as follows, subject to |
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| 1 | | appropriation: $0.67 to the Village of Arlington Heights and | 2 | | $0.33 to the City of Des Plaines, except that the combined | 3 | | amount paid to the City of Des Plaines under this subsection | 4 | | (c-5) and subsection (b-5) of Section 13 of this Act shall not | 5 | | exceed $3,000,000 in a calendar year. "; and | 6 | | on page 296, line 24, after " imposed ", by inserting " and ending | 7 | | on December 31, 2011 "; and | 8 | | on page 297, line 19, after " 2012 ", by inserting " and ending on | 9 | | June 30, 2013 "; and | 10 | | on page 297, line 24, by replacing " a licensed owner " with | 11 | | " such licensee "; and | 12 | | on page 298, line 24, by replacing " $75,000,000 " with | 13 | | " $70,000,000 "; and | 14 | | on page 298, by deleting lines 25 and 26; and | 15 | | on page 299, by replacing lines 1 through 2 with the following: | 16 | | " 16% of annual adjusted gross receipts in excess of | 17 | | $70,000,000. "; and | 18 | | on page 299, by replacing lines 8 through 14 with " General | 19 | | Assembly until June 30, 2015, an owners licensee shall receive |
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| 1 | | a "; and | 2 | | on page 299, line 17, after " $2,000,000. ", by inserting " In | 3 | | determining whether or not to approve a relocation, the Board | 4 | | must consider the extent to which the relocation will diminish | 5 | | the gaming revenues received by other Illinois gaming | 6 | | facilities. "; and | 7 | | on page 300, line 23, by replacing " $75,000,000 " with | 8 | | " $60,000,000 "; and | 9 | | on page 300, by deleting lines 24 and 25; and | 10 | | on page 300, line 26, by replacing " 32.5% " with " 16% "; and | 11 | | on page 301, line 1, by replacing " $100,000,000. " with | 12 | | " $60,000,000. "; | 13 | | on page 301, by replacing lines 6 through 15 with the | 14 | | following: | 15 | | " (a-7) From January 1, 2013 until January 1, 2023, if the | 16 | | total obligation imposed pursuant to either subsection (a-5) or | 17 | | (a-6) will result in an owners licensee receiving less | 18 | | after-tax adjusted gross receipts than it received in calendar | 19 | | year 2012, then the total amount of privilege taxes that such | 20 | | owners licensee is required to pay for that calendar year shall |
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| 1 | | be reduced to the extent necessary, not to exceed 5% of | 2 | | adjusted gross receipts in that calendar year, so that the | 3 | | after-tax adjusted gross receipts in that calendar year equal | 4 | | the after-tax adjusted gross receipts in calendar year 2012. If | 5 | | pursuant to this subsection (a-7), the total obligation imposed | 6 | | pursuant to either subsection (a-5) or (a-6) shall be reduced, | 7 | | then the owners licensee shall not receive a refund from the | 8 | | State at the end of the subject calendar year but instead shall | 9 | | be able to apply that amount as a credit against any payments | 10 | | it owes to the State in the following calendar year to satisfy | 11 | | its total obligation under either subsection (a-5) or (a-6). | 12 | | For purposes of this subsection, "after-tax adjusted gross | 13 | | receipts" means for calendar year 2012, the adjusted gross | 14 | | receipts less privilege taxes paid to the State, and for | 15 | | subsequent calendar years, the adjusted gross receipts less | 16 | | privilege taxes paid to the State, then divided by the owners | 17 | | licensee's average number of gaming positions operating in that | 18 | | calendar year and then multiplied by the owners licensee's | 19 | | average number of gaming positions operating in calendar year | 20 | | 2012. "; and | 21 | | on page 305, line 11, after " Stickney ", by inserting " or the | 22 | | Village of Arlington Heights "; and | 23 | | on page 306, immediately below line 3, by inserting the | 24 | | following: |
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| 1 | | " From the tax revenue deposited in the State Gaming Fund | 2 | | under this Section, an amount equal to 3% of adjusted gross | 3 | | receipts generated by each electronic gaming facility located | 4 | | in the Village of Arlington Heights shall be paid monthly, | 5 | | subject to appropriation by the General Assembly, as follows: | 6 | | 67% to the Village of Arlington Heights and 33% to the City of | 7 | | Des Plaines, except that the combined amount paid to the City | 8 | | of Des Plaines under this subsection (b-5) and subsection (c-5) | 9 | | of Section 12 of this Act shall not exceed $3,000,000 in a | 10 | | calendar year. "; and | 11 | | on page 310, by replacing lines 14 and 15 with "June 25, 1999, | 12 | | and before December 31, 2011 , or (3) the first riverboat"; and | 13 | | on page 311, by replacing lines 7 and 8 with "issued after June | 14 | | 25, 1999 and before December 31, 2011 , or (3) the"; and | 15 | | on page 316, line 9, immediately after "riverboat", by | 16 | | inserting " , casino, or electronic gaming facility "; and | 17 | | on page 358, immediately below line 3, by inserting the | 18 | | following: | 19 | | "Section 99-99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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