Full Text of SB0584 103rd General Assembly
SB0584sam001 103RD GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 10/24/2023 | | 10300SB0584sam001 | | LRB103 03056 MXP 64891 a |
|
| 1 | | AMENDMENT TO SENATE BILL 584
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 584 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Lottery Law is amended by | 5 | | changing Section 21.4 as follows: | 6 | | (20 ILCS 1605/21.4) | 7 | | Sec. 21.4. Joint Special Instant Scratch-off game. | 8 | | (a) The Department shall offer a joint special instant | 9 | | scratch-off game for the benefit of the special causes | 10 | | identified in Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, | 11 | | 21.11, 21.13, 21.15, and 21.16. The operation of the game | 12 | | shall be governed by this Section and any rules adopted by the | 13 | | Department. The game shall commence on January 1, 2024 or as | 14 | | soon thereafter, at the discretion of the Director, as is | 15 | | reasonably practical and shall be discontinued on January 1, | 16 | | 2027. If any provision of this Section is inconsistent with |
| | | 10300SB0584sam001 | - 2 - | LRB103 03056 MXP 64891 a |
|
| 1 | | any other provision in the Act, then this Section governs. | 2 | | (b) Once the joint special instant scratch-off game is | 3 | | used to fund a special cause, the game will be used to fund the | 4 | | special cause for the remainder of the special causes' | 5 | | existence per the causes' respective Section of this Act. | 6 | | (c) New specialty tickets and causes authorized by this | 7 | | Act shall be funded by the joint special instant scratch-off | 8 | | game. New specialty tickets and causes after February 1, 2024 | 9 | | must have a sunset date. The Department shall be limited to | 10 | | supporting no more than 10 causes in total at any given time. | 11 | | (d) Net revenue received from the sale of the joint | 12 | | special instant scratch-off game for the purposes of this | 13 | | Section shall be divided equally among the special causes the | 14 | | game benefits. At the direction of the Department, the State | 15 | | Comptroller shall direct and the State Treasurer shall | 16 | | transfer from the State Lottery Fund the net revenue to the | 17 | | specific fund identified for each special cause in accordance | 18 | | with the special cause's respective Section in this Act. The | 19 | | Department shall transfer the net revenue into the special | 20 | | fund identified for each special cause in accordance with the | 21 | | special cause's respective Section of this Act. As used in | 22 | | this Section, "net revenue" means the total amount for which | 23 | | tickets have been sold less the sum of the amount paid out in | 24 | | prizes and to retailers, and direct and estimated | 25 | | administrative expenses incurred in operation of the ticket. | 26 | | (Source: P.A. 103-381, eff. 7-28-23.) |
| | | 10300SB0584sam001 | - 3 - | LRB103 03056 MXP 64891 a |
|
| 1 | | Section 10. The Illinois Gambling Act is amended by | 2 | | changing Sections 7.7 and 13 as follows: | 3 | | (230 ILCS 10/7.7) | 4 | | Sec. 7.7. Organization gaming licenses. | 5 | | (a) The Illinois Gaming Board shall award one organization | 6 | | gaming license to each person or entity having operating | 7 | | control of a racetrack that applies under Section 56 of the | 8 | | Illinois Horse Racing Act of 1975, subject to the application | 9 | | and eligibility requirements of this Section. Within 60 days | 10 | | after the effective date of this amendatory Act of the 101st | 11 | | General Assembly, a person or entity having operating control | 12 | | of a racetrack may submit an application for an organization | 13 | | gaming license. The application shall be made on such forms as | 14 | | provided by the Board and shall contain such information as | 15 | | the Board prescribes, including, but not limited to, the | 16 | | identity of any racetrack at which gaming will be conducted | 17 | | pursuant to an organization gaming license, detailed | 18 | | information regarding the ownership and management of the | 19 | | applicant, and detailed personal information regarding the | 20 | | applicant. The application shall specify the number of gaming | 21 | | positions the applicant intends to use and the place where the | 22 | | organization gaming facility will operate. A person who | 23 | | knowingly makes a false statement on an application is guilty | 24 | | of a Class A misdemeanor. |
| | | 10300SB0584sam001 | - 4 - | LRB103 03056 MXP 64891 a |
|
| 1 | | Each applicant shall disclose the identity of every person | 2 | | or entity having a direct or indirect pecuniary interest | 3 | | greater than 1% in any racetrack with respect to which the | 4 | | license is sought. If the disclosed entity is a corporation, | 5 | | the applicant shall disclose the names and addresses of all | 6 | | officers, stockholders, and directors. If the disclosed entity | 7 | | is a limited liability company, the applicant shall disclose | 8 | | the names and addresses of all members and managers. If the | 9 | | disclosed entity is a partnership, the applicant shall | 10 | | disclose the names and addresses of all partners, both general | 11 | | and limited. If the disclosed entity is a trust, the applicant | 12 | | shall disclose the names and addresses of all beneficiaries. | 13 | | An application shall be filed and considered in accordance | 14 | | with the rules of the Board. Each application for an | 15 | | organization gaming license shall include a nonrefundable | 16 | | application fee of $250,000. In addition, a nonrefundable fee | 17 | | of $50,000 shall be paid at the time of filing to defray the | 18 | | costs associated with background investigations conducted by | 19 | | the Board. If the costs of the background investigation exceed | 20 | | $50,000, the applicant shall pay the additional amount to the | 21 | | Board within 7 days after a request by the Board. If the costs | 22 | | of the investigation are less than $50,000, the applicant | 23 | | shall receive a refund of the remaining amount. All | 24 | | information, records, interviews, reports, statements, | 25 | | memoranda, or other data supplied to or used by the Board in | 26 | | the course of this review or investigation of an applicant for |
| | | 10300SB0584sam001 | - 5 - | LRB103 03056 MXP 64891 a |
|
| 1 | | an organization gaming license under this Act shall be | 2 | | privileged and strictly confidential and shall be used only | 3 | | for the purpose of evaluating an applicant for an organization | 4 | | gaming license or a renewal. Such information, records, | 5 | | interviews, reports, statements, memoranda, or other data | 6 | | shall not be admissible as evidence nor discoverable in any | 7 | | action of any kind in any court or before any tribunal, board, | 8 | | agency or person, except for any action deemed necessary by | 9 | | the Board. The application fee shall be deposited into the | 10 | | State Gaming Fund. | 11 | | Any applicant or key person, including the applicant's | 12 | | owners, officers, directors (if a corporation), managers and | 13 | | members (if a limited liability company), and partners (if a | 14 | | partnership), for an organization gaming license shall have | 15 | | his or her fingerprints submitted to the Illinois State Police | 16 | | in an electronic format that complies with the form and manner | 17 | | for requesting and furnishing criminal history record | 18 | | information as prescribed by the Illinois State Police. These | 19 | | fingerprints shall be checked against the Illinois State | 20 | | Police and Federal Bureau of Investigation criminal history | 21 | | record databases now and hereafter filed, including, but not | 22 | | limited to, civil, criminal, and latent fingerprint databases. | 23 | | The Illinois State Police shall charge applicants a fee for | 24 | | conducting the criminal history records check, which shall be | 25 | | deposited into the State Police Services Fund and shall not | 26 | | exceed the actual cost of the records check. The Illinois |
| | | 10300SB0584sam001 | - 6 - | LRB103 03056 MXP 64891 a |
|
| 1 | | State Police shall furnish, pursuant to positive | 2 | | identification, records of Illinois criminal history to the | 3 | | Illinois State Police. | 4 | | (b) The Board shall determine within 120 days after | 5 | | receiving an application for an organization gaming license | 6 | | whether to grant an organization gaming license to the | 7 | | applicant. If the Board does not make a determination within | 8 | | that time period, then the Board shall give a written | 9 | | explanation to the applicant as to why it has not reached a | 10 | | determination and when it reasonably expects to make a | 11 | | determination. | 12 | | The organization gaming licensee shall purchase up to the | 13 | | amount of gaming positions authorized under this Act within | 14 | | 120 days after receiving its organization gaming license. If | 15 | | an organization gaming licensee is prepared to purchase the | 16 | | gaming positions, but is temporarily prohibited from doing so | 17 | | by order of a court of competent jurisdiction or the Board, | 18 | | then the 120-day period is tolled until a resolution is | 19 | | reached. | 20 | | An organization gaming license shall authorize its holder | 21 | | to conduct gaming under this Act at its racetracks on the same | 22 | | days of the year and hours of the day that owners licenses are | 23 | | allowed to operate under approval of the Board. | 24 | | An organization gaming license and any renewal of an | 25 | | organization gaming license shall authorize gaming pursuant to | 26 | | this Section for a period of 4 years. The fee for the issuance |
| | | 10300SB0584sam001 | - 7 - | LRB103 03056 MXP 64891 a |
|
| 1 | | or renewal of an organization gaming license shall be | 2 | | $250,000. | 3 | | All payments by licensees under this subsection (b) shall | 4 | | be deposited into the Rebuild Illinois Projects Fund. | 5 | | (c) To be eligible to conduct gaming under this Section, a | 6 | | person or entity having operating control of a racetrack must | 7 | | (i) obtain an organization gaming license, (ii) hold an | 8 | | organization license under the Illinois Horse Racing Act of | 9 | | 1975, (iii) hold an inter-track wagering license, (iv) pay an | 10 | | initial fee of $30,000 per gaming position from organization | 11 | | gaming licensees where gaming is conducted in Cook County and, | 12 | | except as provided in subsection (c-5), $17,500 for | 13 | | organization gaming licensees where gaming is conducted | 14 | | outside of Cook County before beginning to conduct gaming plus | 15 | | make the reconciliation payment required under subsection (k), | 16 | | (v) conduct live racing in accordance with subsections (e-1), | 17 | | (e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act | 18 | | of 1975, (vi) meet the requirements of subsection (a) of | 19 | | Section 56 of the Illinois Horse Racing Act of 1975, (vii) for | 20 | | organization licensees conducting standardbred race meetings, | 21 | | keep backstretch barns and dormitories open and operational | 22 | | year-round unless a lesser schedule is mutually agreed to by | 23 | | the organization licensee and the horsemen association racing | 24 | | at that organization licensee's race meeting, (viii) for | 25 | | organization licensees conducting thoroughbred race meetings, | 26 | | the organization licensee must maintain accident medical |
| | | 10300SB0584sam001 | - 8 - | LRB103 03056 MXP 64891 a |
|
| 1 | | expense liability insurance coverage of $1,000,000 for | 2 | | jockeys, and (ix) meet all other requirements of this Act that | 3 | | apply to owners licensees. | 4 | | An organization gaming licensee may enter into a joint | 5 | | venture with a licensed owner to own, manage, conduct, or | 6 | | otherwise operate the organization gaming licensee's | 7 | | organization gaming facilities, unless the organization gaming | 8 | | licensee has a parent company or other affiliated company that | 9 | | is, directly or indirectly, wholly owned by a parent company | 10 | | that is also licensed to conduct organization gaming, casino | 11 | | gaming, or their equivalent in another state. | 12 | | All payments by licensees under this subsection (c) shall | 13 | | be deposited into the Rebuild Illinois Projects Fund. | 14 | | (c-5) A person or entity having operating control of a | 15 | | racetrack located in Madison County shall only pay the initial | 16 | | fees specified in subsection (c) for 540 of the gaming | 17 | | positions authorized under the license. | 18 | | (d) A person or entity is ineligible to receive an | 19 | | organization gaming license if: | 20 | | (1) the person or entity has been convicted of a | 21 | | felony under the laws of this State, any other state, or | 22 | | the United States, including a conviction under the | 23 | | Racketeer Influenced and Corrupt Organizations Act; | 24 | | (2) the person or entity has been convicted of any | 25 | | violation of Article 28 of the Criminal Code of 2012, or | 26 | | substantially similar laws of any other jurisdiction; |
| | | 10300SB0584sam001 | - 9 - | LRB103 03056 MXP 64891 a |
|
| 1 | | (3) the person or entity has submitted an application | 2 | | for a license under this Act that contains false | 3 | | information; | 4 | | (4) the person is a member of the Board; | 5 | | (5) a person defined in (1), (2), (3), or (4) of this | 6 | | subsection (d) is an officer, director, or managerial | 7 | | employee of the entity; | 8 | | (6) the person or entity employs a person defined in | 9 | | (1), (2), (3), or (4) of this subsection (d) who | 10 | | participates in the management or operation of gambling | 11 | | operations authorized under this Act; or | 12 | | (7) a license of the person or entity issued under | 13 | | this Act or a license to own or operate gambling | 14 | | facilities in any other jurisdiction has been revoked. | 15 | | (e) The Board may approve gaming positions pursuant to an | 16 | | organization gaming license statewide as provided in this | 17 | | Section. The authority to operate gaming positions under this | 18 | | Section shall be allocated as follows: up to 1,200 gaming | 19 | | positions for any organization gaming licensee in Cook County | 20 | | and up to 900 gaming positions for any organization gaming | 21 | | licensee outside of Cook County. | 22 | | (f) Each applicant for an organization gaming license | 23 | | shall specify in its application for licensure the number of | 24 | | gaming positions it will operate, up to the applicable | 25 | | limitation set forth in subsection (e) of this Section. Any | 26 | | unreserved gaming positions that are not specified shall be |
| | | 10300SB0584sam001 | - 10 - | LRB103 03056 MXP 64891 a |
|
| 1 | | forfeited and retained by the Board. For the purposes of this | 2 | | subsection (f), an organization gaming licensee that did not | 3 | | conduct live racing in 2010 and is located within 3 miles of | 4 | | the Mississippi River may reserve up to 900 positions and | 5 | | shall not be penalized under this Section for not operating | 6 | | those positions until it meets the requirements of subsection | 7 | | (e) of this Section, but such licensee shall not request | 8 | | unreserved gaming positions under this subsection (f) until | 9 | | its 900 positions are all operational. | 10 | | Thereafter, the Board shall publish the number of | 11 | | unreserved gaming positions and shall accept requests for | 12 | | additional positions from any organization gaming licensee | 13 | | that initially reserved all of the positions that were | 14 | | offered. The Board shall allocate expeditiously the unreserved | 15 | | gaming positions to requesting organization gaming licensees | 16 | | in a manner that maximizes revenue to the State. The Board may | 17 | | allocate any such unused gaming positions pursuant to an open | 18 | | and competitive bidding process, as provided under Section 7.5 | 19 | | of this Act. This process shall continue until all unreserved | 20 | | gaming positions have been purchased. All positions obtained | 21 | | pursuant to this process and all positions the organization | 22 | | gaming licensee specified it would operate in its application | 23 | | must be in operation within 18 months after they were obtained | 24 | | or the organization gaming licensee forfeits the right to | 25 | | operate those positions, but is not entitled to a refund of any | 26 | | fees paid. The Board may, after holding a public hearing, |
| | | 10300SB0584sam001 | - 11 - | LRB103 03056 MXP 64891 a |
|
| 1 | | grant extensions so long as the organization gaming licensee | 2 | | is working in good faith to make the positions operational. | 3 | | The extension may be for a period of 6 months. If, after the | 4 | | period of the extension, the organization gaming licensee has | 5 | | not made the positions operational, then another public | 6 | | hearing must be held by the Board before it may grant another | 7 | | extension. | 8 | | Unreserved gaming positions retained from and allocated to | 9 | | organization gaming licensees by the Board pursuant to this | 10 | | subsection (f) shall not be allocated to owners licensees | 11 | | under this Act. | 12 | | For the purpose of this subsection (f), the unreserved | 13 | | gaming positions for each organization gaming licensee shall | 14 | | be the applicable limitation set forth in subsection (e) of | 15 | | this Section, less the number of reserved gaming positions by | 16 | | such organization gaming licensee, and the total unreserved | 17 | | gaming positions shall be the aggregate of the unreserved | 18 | | gaming positions for all organization gaming licensees. | 19 | | (g) An organization gaming licensee is authorized to | 20 | | conduct the following at a racetrack: | 21 | | (1) slot machine gambling; | 22 | | (2) video game of chance gambling; | 23 | | (3) gambling with electronic gambling games as defined | 24 | | in this Act or defined by the Illinois Gaming Board; and | 25 | | (4) table games. | 26 | | (h) Subject to the approval of the Illinois Gaming Board, |
| | | 10300SB0584sam001 | - 12 - | LRB103 03056 MXP 64891 a |
|
| 1 | | an organization gaming licensee may make modification or | 2 | | additions to any existing buildings and structures to comply | 3 | | with the requirements of this Act. The Illinois Gaming Board | 4 | | shall make its decision after consulting with the Illinois | 5 | | Racing Board. In no case, however, shall the Illinois Gaming | 6 | | Board approve any modification or addition that alters the | 7 | | grounds of the organization licensee such that the act of live | 8 | | racing is an ancillary activity to gaming authorized under | 9 | | this Section. Gaming authorized under this Section may take | 10 | | place in existing structures where inter-track wagering is | 11 | | conducted at the racetrack or a facility within 300 yards of | 12 | | the racetrack in accordance with the provisions of this Act | 13 | | and the Illinois Horse Racing Act of 1975. | 14 | | (i) An organization gaming licensee may conduct gaming at | 15 | | a temporary facility pending the construction of a permanent | 16 | | facility or the remodeling or relocation of an existing | 17 | | facility to accommodate gaming participants for up to 24 | 18 | | months after the temporary facility begins to conduct gaming | 19 | | authorized under this Section. Upon request by an organization | 20 | | gaming licensee and upon a showing of good cause by the | 21 | | organization gaming licensee, the Board shall extend the | 22 | | period during which the licensee may conduct gaming authorized | 23 | | under this Section at a temporary facility by up to 12 months | 24 | | or another period of time deemed necessary or appropriate by | 25 | | the Board . The Board shall make rules concerning the conduct | 26 | | of gaming authorized under this Section from temporary |
| | | 10300SB0584sam001 | - 13 - | LRB103 03056 MXP 64891 a |
|
| 1 | | facilities. | 2 | | The gaming authorized under this Section may take place in | 3 | | existing structures where inter-track wagering is conducted at | 4 | | the racetrack or a facility within 300 yards of the racetrack | 5 | | in accordance with the provisions of this Act and the Illinois | 6 | | Horse Racing Act of 1975. | 7 | | (i-5) Under no circumstances shall an organization gaming | 8 | | licensee conduct gaming at any State or county fair. | 9 | | (j) The Illinois Gaming Board must adopt emergency rules | 10 | | in accordance with Section 5-45 of the Illinois Administrative | 11 | | Procedure Act as necessary to ensure compliance with the | 12 | | provisions of this amendatory Act of the 101st General | 13 | | Assembly concerning the conduct of gaming by an organization | 14 | | gaming licensee. The adoption of emergency rules authorized by | 15 | | this subsection (j) shall be deemed to be necessary for the | 16 | | public interest, safety, and welfare. | 17 | | (k) Each organization gaming licensee who obtains gaming | 18 | | positions must make a reconciliation payment 3 years after the | 19 | | date the organization gaming licensee begins operating the | 20 | | positions in an amount equal to 75% of the difference between | 21 | | its adjusted gross receipts from gaming authorized under this | 22 | | Section and amounts paid to its purse accounts pursuant to | 23 | | item (1) of subsection (b) of Section 56 of the Illinois Horse | 24 | | Racing Act of 1975 for the 12-month period for which such | 25 | | difference was the largest, minus an amount equal to the | 26 | | initial per position fee paid by the organization gaming |
| | | 10300SB0584sam001 | - 14 - | LRB103 03056 MXP 64891 a |
|
| 1 | | licensee. If this calculation results in a negative amount, | 2 | | then the organization gaming licensee is not entitled to any | 3 | | reimbursement of fees previously paid. This reconciliation | 4 | | payment may be made in installments over a period of no more | 5 | | than 6 years. | 6 | | All payments by licensees under this subsection (k) shall | 7 | | be deposited into the Rebuild Illinois Projects Fund. | 8 | | (l) As soon as practical after a request is made by the | 9 | | Illinois Gaming Board, to minimize duplicate submissions by | 10 | | the applicant, the Illinois Racing Board must provide | 11 | | information on an applicant for an organization gaming license | 12 | | to the Illinois Gaming Board. | 13 | | (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19; | 14 | | 101-648, eff. 6-30-20; 102-538, eff. 8-20-21.) | 15 | | (230 ILCS 10/13) (from Ch. 120, par. 2413) | 16 | | Sec. 13. Wagering tax; rate; distribution. | 17 | | (a) Until January 1, 1998, a tax is imposed on the adjusted | 18 | | gross receipts received from gambling games authorized under | 19 | | this Act at the rate of 20%. | 20 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege | 21 | | tax is imposed on persons engaged in the business of | 22 | | conducting riverboat gambling operations, based on the | 23 | | adjusted gross receipts received by a licensed owner from | 24 | | gambling games authorized under this Act at the following | 25 | | rates: |
| | | 10300SB0584sam001 | - 15 - | LRB103 03056 MXP 64891 a |
|
| 1 | | 15% of annual adjusted gross receipts up to and | 2 | | including $25,000,000; | 3 | | 20% of annual adjusted gross receipts in excess of | 4 | | $25,000,000 but not exceeding $50,000,000; | 5 | | 25% of annual adjusted gross receipts in excess of | 6 | | $50,000,000 but not exceeding $75,000,000; | 7 | | 30% of annual adjusted gross receipts in excess of | 8 | | $75,000,000 but not exceeding $100,000,000; | 9 | | 35% of annual adjusted gross receipts in excess of | 10 | | $100,000,000. | 11 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 12 | | is imposed on persons engaged in the business of conducting | 13 | | riverboat gambling operations, other than licensed managers | 14 | | conducting riverboat gambling operations on behalf of the | 15 | | State, based on the adjusted gross receipts received by a | 16 | | licensed owner from gambling games authorized under this Act | 17 | | at the following rates: | 18 | | 15% of annual adjusted gross receipts up to and | 19 | | including $25,000,000; | 20 | | 22.5% of annual adjusted gross receipts in excess of | 21 | | $25,000,000 but not exceeding $50,000,000; | 22 | | 27.5% of annual adjusted gross receipts in excess of | 23 | | $50,000,000 but not exceeding $75,000,000; | 24 | | 32.5% of annual adjusted gross receipts in excess of | 25 | | $75,000,000 but not exceeding $100,000,000; | 26 | | 37.5% of annual adjusted gross receipts in excess of |
| | | 10300SB0584sam001 | - 16 - | LRB103 03056 MXP 64891 a |
|
| 1 | | $100,000,000 but not exceeding $150,000,000; | 2 | | 45% of annual adjusted gross receipts in excess of | 3 | | $150,000,000 but not exceeding $200,000,000; | 4 | | 50% of annual adjusted gross receipts in excess of | 5 | | $200,000,000. | 6 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed | 7 | | on persons engaged in the business of conducting riverboat | 8 | | gambling operations, other than licensed managers conducting | 9 | | riverboat gambling operations on behalf of the State, based on | 10 | | the adjusted gross receipts received by a licensed owner from | 11 | | gambling games authorized under this Act at the following | 12 | | rates: | 13 | | 15% of annual adjusted gross receipts up to and | 14 | | including $25,000,000; | 15 | | 27.5% of annual adjusted gross receipts in excess of | 16 | | $25,000,000 but not exceeding $37,500,000; | 17 | | 32.5% of annual adjusted gross receipts in excess of | 18 | | $37,500,000 but not exceeding $50,000,000; | 19 | | 37.5% of annual adjusted gross receipts in excess of | 20 | | $50,000,000 but not exceeding $75,000,000; | 21 | | 45% of annual adjusted gross receipts in excess of | 22 | | $75,000,000 but not exceeding $100,000,000; | 23 | | 50% of annual adjusted gross receipts in excess of | 24 | | $100,000,000 but not exceeding $250,000,000; | 25 | | 70% of annual adjusted gross receipts in excess of | 26 | | $250,000,000. |
| | | 10300SB0584sam001 | - 17 - | LRB103 03056 MXP 64891 a |
|
| 1 | | An amount equal to the amount of wagering taxes collected | 2 | | under this subsection (a-3) that are in addition to the amount | 3 | | of wagering taxes that would have been collected if the | 4 | | wagering tax rates under subsection (a-2) were in effect shall | 5 | | be paid into the Common School Fund. | 6 | | The privilege tax imposed under this subsection (a-3) | 7 | | shall no longer be imposed beginning on the earlier of (i) July | 8 | | 1, 2005; (ii) the first date after June 20, 2003 that riverboat | 9 | | gambling operations are conducted pursuant to a dormant | 10 | | license; or (iii) the first day that riverboat gambling | 11 | | operations are conducted under the authority of an owners | 12 | | license that is in addition to the 10 owners licenses | 13 | | initially authorized under this Act. For the purposes of this | 14 | | subsection (a-3), the term "dormant license" means an owners | 15 | | license that is authorized by this Act under which no | 16 | | riverboat gambling operations are being conducted on June 20, | 17 | | 2003. | 18 | | (a-4) Beginning on the first day on which the tax imposed | 19 | | under subsection (a-3) is no longer imposed and ending upon | 20 | | the imposition of the privilege tax under subsection (a-5) of | 21 | | this Section, a privilege tax is imposed on persons engaged in | 22 | | the business of conducting gambling operations, other than | 23 | | licensed managers conducting riverboat gambling operations on | 24 | | behalf of the State, based on the adjusted gross receipts | 25 | | received by a licensed owner from gambling games authorized | 26 | | under this Act at the following rates: |
| | | 10300SB0584sam001 | - 18 - | LRB103 03056 MXP 64891 a |
|
| 1 | | 15% of annual adjusted gross receipts up to and | 2 | | including $25,000,000; | 3 | | 22.5% of annual adjusted gross receipts in excess of | 4 | | $25,000,000 but not exceeding $50,000,000; | 5 | | 27.5% of annual adjusted gross receipts in excess of | 6 | | $50,000,000 but not exceeding $75,000,000; | 7 | | 32.5% of annual adjusted gross receipts in excess of | 8 | | $75,000,000 but not exceeding $100,000,000; | 9 | | 37.5% of annual adjusted gross receipts in excess of | 10 | | $100,000,000 but not exceeding $150,000,000; | 11 | | 45% of annual adjusted gross receipts in excess of | 12 | | $150,000,000 but not exceeding $200,000,000; | 13 | | 50% of annual adjusted gross receipts in excess of | 14 | | $200,000,000. | 15 | | For the imposition of the privilege tax in this subsection | 16 | | (a-4), amounts paid pursuant to item (1) of subsection (b) of | 17 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not | 18 | | be included in the determination of adjusted gross receipts. | 19 | | (a-5)(1) Beginning on July 1, 2020, a privilege tax is | 20 | | imposed on persons engaged in the business of conducting | 21 | | gambling operations, other than the owners licensee under | 22 | | paragraph (1) of subsection (e-5) of Section 7 and licensed | 23 | | managers conducting riverboat gambling operations on behalf of | 24 | | the State, based on the adjusted gross receipts received by | 25 | | such licensee from the gambling games authorized under this | 26 | | Act. The privilege tax for all gambling games other than table |
| | | 10300SB0584sam001 | - 19 - | LRB103 03056 MXP 64891 a |
|
| 1 | | games, including, but not limited to, slot machines, video | 2 | | game of chance gambling, and electronic gambling games shall | 3 | | be at the following rates: | 4 | | 15% of annual adjusted gross receipts up to and | 5 | | including $25,000,000; | 6 | | 22.5% of annual adjusted gross receipts in excess of | 7 | | $25,000,000 but not exceeding $50,000,000; | 8 | | 27.5% of annual adjusted gross receipts in excess of | 9 | | $50,000,000 but not exceeding $75,000,000; | 10 | | 32.5% of annual adjusted gross receipts in excess of | 11 | | $75,000,000 but not exceeding $100,000,000; | 12 | | 37.5% of annual adjusted gross receipts in excess of | 13 | | $100,000,000 but not exceeding $150,000,000; | 14 | | 45% of annual adjusted gross receipts in excess of | 15 | | $150,000,000 but not exceeding $200,000,000; | 16 | | 50% of annual adjusted gross receipts in excess of | 17 | | $200,000,000. | 18 | | The privilege tax for table games shall be at the | 19 | | following rates: | 20 | | 15% of annual adjusted gross receipts up to and | 21 | | including $25,000,000; | 22 | | 20% of annual adjusted gross receipts in excess of | 23 | | $25,000,000. | 24 | | For the imposition of the privilege tax in this subsection | 25 | | (a-5), amounts paid pursuant to item (1) of subsection (b) of | 26 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
| | | 10300SB0584sam001 | - 20 - | LRB103 03056 MXP 64891 a |
|
| 1 | | be included in the determination of adjusted gross receipts. | 2 | | (2) Beginning on the first day that an owners licensee | 3 | | under paragraph (1) of subsection (e-5) of Section 7 conducts | 4 | | gambling operations, either in a temporary facility or a | 5 | | permanent facility, a privilege tax is imposed on persons | 6 | | engaged in the business of conducting gambling operations | 7 | | under paragraph (1) of subsection (e-5) of Section 7, other | 8 | | than licensed managers conducting riverboat gambling | 9 | | operations on behalf of the State, based on the adjusted gross | 10 | | receipts received by such licensee from the gambling games | 11 | | authorized under this Act. The privilege tax for all gambling | 12 | | games other than table games, including, but not limited to, | 13 | | slot machines, video game of chance gambling, and electronic | 14 | | gambling games shall be at the following rates: | 15 | | 12% of annual adjusted gross receipts up to and | 16 | | including $25,000,000 to the State and 10.5% of annual | 17 | | adjusted gross receipts up to and including $25,000,000 to | 18 | | the City of Chicago; | 19 | | 16% of annual adjusted gross receipts in excess of | 20 | | $25,000,000 but not exceeding $50,000,000 to the State and | 21 | | 14% of annual adjusted gross receipts in excess of | 22 | | $25,000,000 but not exceeding $50,000,000 to the City of | 23 | | Chicago; | 24 | | 20.1% of annual adjusted gross receipts in excess of | 25 | | $50,000,000 but not exceeding $75,000,000 to the State and | 26 | | 17.4% of annual adjusted gross receipts in excess of |
| | | 10300SB0584sam001 | - 21 - | LRB103 03056 MXP 64891 a |
|
| 1 | | $50,000,000 but not exceeding $75,000,000 to the City of | 2 | | Chicago; | 3 | | 21.4% of annual adjusted gross receipts in excess of | 4 | | $75,000,000 but not exceeding $100,000,000 to the State | 5 | | and 18.6% of annual adjusted gross receipts in excess of | 6 | | $75,000,000 but not exceeding $100,000,000 to the City of | 7 | | Chicago; | 8 | | 22.7% of annual adjusted gross receipts in excess of | 9 | | $100,000,000 but not exceeding $150,000,000 to the State | 10 | | and 19.8% of annual adjusted gross receipts in excess of | 11 | | $100,000,000 but not exceeding $150,000,000 to the City of | 12 | | Chicago; | 13 | | 24.1% of annual adjusted gross receipts in excess of | 14 | | $150,000,000 but not exceeding $225,000,000 to the State | 15 | | and 20.9% of annual adjusted gross receipts in excess of | 16 | | $150,000,000 but not exceeding $225,000,000 to the City of | 17 | | Chicago; | 18 | | 26.8% of annual adjusted gross receipts in excess of | 19 | | $225,000,000 but not exceeding $1,000,000,000 to the State | 20 | | and 23.2% of annual adjusted gross receipts in excess of | 21 | | $225,000,000 but not exceeding $1,000,000,000 to the City | 22 | | of Chicago; | 23 | | 40% of annual adjusted gross receipts in excess of | 24 | | $1,000,000,000 to the State and 34.7% of annual gross | 25 | | receipts in excess of $1,000,000,000 to the City of | 26 | | Chicago. |
| | | 10300SB0584sam001 | - 22 - | LRB103 03056 MXP 64891 a |
|
| 1 | | The privilege tax for table games shall be at the | 2 | | following rates: | 3 | | 8.1% of annual adjusted gross receipts up to and | 4 | | including $25,000,000 to the State and 6.9% of annual | 5 | | adjusted gross receipts up to and including $25,000,000 to | 6 | | the City of Chicago; | 7 | | 10.7% of annual adjusted gross receipts in excess of | 8 | | $25,000,000 but not exceeding $75,000,000 to the State and | 9 | | 9.3% of annual adjusted gross receipts in excess of | 10 | | $25,000,000 but not exceeding $75,000,000 to the City of | 11 | | Chicago; | 12 | | 11.2% of annual adjusted gross receipts in excess of | 13 | | $75,000,000 but not exceeding $175,000,000 to the State | 14 | | and 9.8% of annual adjusted gross receipts in excess of | 15 | | $75,000,000 but not exceeding $175,000,000 to the City of | 16 | | Chicago; | 17 | | 13.5% of annual adjusted gross receipts in excess of | 18 | | $175,000,000 but not exceeding $225,000,000 to the State | 19 | | and 11.5% of annual adjusted gross receipts in excess of | 20 | | $175,000,000 but not exceeding $225,000,000 to the City of | 21 | | Chicago; | 22 | | 15.1% of annual adjusted gross receipts in excess of | 23 | | $225,000,000 but not exceeding $275,000,000 to the State | 24 | | and 12.9% of annual adjusted gross receipts in excess of | 25 | | $225,000,000 but not exceeding $275,000,000 to the City of | 26 | | Chicago; |
| | | 10300SB0584sam001 | - 23 - | LRB103 03056 MXP 64891 a |
|
| 1 | | 16.2% of annual adjusted gross receipts in excess of | 2 | | $275,000,000 but not exceeding $375,000,000 to the State | 3 | | and 13.8% of annual adjusted gross receipts in excess of | 4 | | $275,000,000 but not exceeding $375,000,000 to the City of | 5 | | Chicago; | 6 | | 18.9% of annual adjusted gross receipts in excess of | 7 | | $375,000,000 to the State and 16.1% of annual gross | 8 | | receipts in excess of $375,000,000 to the City of Chicago. | 9 | | For the imposition of the privilege tax in this subsection | 10 | | (a-5), amounts paid pursuant to item (1) of subsection (b) of | 11 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not | 12 | | be included in the determination of adjusted gross receipts. | 13 | | (3) Notwithstanding the provisions of this subsection | 14 | | (a-5), for the first 10 years that the privilege tax is imposed | 15 | | under this subsection (a-5) or until the year preceding the | 16 | | calendar year in which paragraph (4) becomes operative, | 17 | | whichever occurs first, the privilege tax shall be imposed on | 18 | | the modified annual adjusted gross receipts of a riverboat or | 19 | | casino conducting gambling operations in the City of East St. | 20 | | Louis, unless: | 21 | | (1) the riverboat or casino fails to employ at least | 22 | | 450 people, except no minimum employment shall be required | 23 | | during 2020 and 2021 or during periods that the riverboat | 24 | | or casino is closed on orders of State officials for | 25 | | public health emergencies or other emergencies not caused | 26 | | by the riverboat or casino; |
| | | 10300SB0584sam001 | - 24 - | LRB103 03056 MXP 64891 a |
|
| 1 | | (2) the riverboat or casino fails to maintain | 2 | | operations in a manner consistent with this Act or is not a | 3 | | viable riverboat or casino subject to the approval of the | 4 | | Board; or | 5 | | (3) the owners licensee is not an entity in which | 6 | | employees participate in an employee stock ownership plan | 7 | | or in which the owners licensee sponsors a 401(k) | 8 | | retirement plan and makes a matching employer contribution | 9 | | equal to at least one-quarter of the first 12% or one-half | 10 | | of the first 6% of each participating employee's | 11 | | contribution, not to exceed any limitations under federal | 12 | | laws and regulations. | 13 | | (4) Notwithstanding the provisions of this subsection | 14 | | (a-5), for 10 calendar years beginning in the year that | 15 | | gambling operations commence either in a temporary or | 16 | | permanent facility at an organization gaming facility located | 17 | | in the City of Collinsville if the facility commences | 18 | | operations within 3 years of the effective date of the changes | 19 | | made to this Section by this amendatory Act of the 103rd | 20 | | General Assembly, the privilege tax imposed under this | 21 | | subsection (a-5) on a riverboat or casino conducting gambling | 22 | | operations in the City of East St. Louis shall be reduced, if | 23 | | applicable, by an amount equal to the difference in adjusted | 24 | | gross receipts for the 2022 calendar year less the current | 25 | | year's adjusted gross receipts, unless: | 26 | | (A) the riverboat or casino fails to employ at least |
| | | 10300SB0584sam001 | - 25 - | LRB103 03056 MXP 64891 a |
|
| 1 | | 350 people, except that no minimum employment shall be | 2 | | required during periods that the riverboat or casino is | 3 | | closed on orders of State officials for public health | 4 | | emergencies or other emergencies not caused by the | 5 | | riverboat or casino; | 6 | | (B) the riverboat or casino fails to maintain | 7 | | operations in a manner consistent with this Act or is not a | 8 | | viable riverboat or casino subject to the approval of the | 9 | | Board; or | 10 | | (C) the riverboat or casino fails to submit audited | 11 | | financial statements to the Board prepared by an | 12 | | accounting firm that has been preapproved by the Board and | 13 | | such statements were prepared in accordance with the | 14 | | provisions of the Financial Accounting Standards Board | 15 | | Accounting Standards Codification under nongovernmental | 16 | | accounting principles generally accepted in the United | 17 | | States. | 18 | | As used in this subsection (a-5), "modified annual | 19 | | adjusted gross receipts" means: | 20 | | (A) for calendar year 2020, the annual adjusted gross | 21 | | receipts for the current year minus the difference between | 22 | | an amount equal to the average annual adjusted gross | 23 | | receipts from a riverboat or casino conducting gambling | 24 | | operations in the City of East St. Louis for 2014, 2015, | 25 | | 2016, 2017, and 2018 and the annual adjusted gross | 26 | | receipts for 2018; |
| | | 10300SB0584sam001 | - 26 - | LRB103 03056 MXP 64891 a |
|
| 1 | | (B) for calendar year 2021, the annual adjusted gross | 2 | | receipts for the current year minus the difference between | 3 | | an amount equal to the average annual adjusted gross | 4 | | receipts from a riverboat or casino conducting gambling | 5 | | operations in the City of East St. Louis for 2014, 2015, | 6 | | 2016, 2017, and 2018 and the annual adjusted gross | 7 | | receipts for 2019; and | 8 | | (C) for calendar years 2022 through 2029, the annual | 9 | | adjusted gross receipts for the current year minus the | 10 | | difference between an amount equal to the average annual | 11 | | adjusted gross receipts from a riverboat or casino | 12 | | conducting gambling operations in the City of East St. | 13 | | Louis for 3 years preceding the current year and the | 14 | | annual adjusted gross receipts for the immediately | 15 | | preceding year. | 16 | | (a-6) From June 28, 2019 (the effective date of Public Act | 17 | | 101-31) until June 30, 2023, an owners licensee that conducted | 18 | | gambling operations prior to January 1, 2011 shall receive a | 19 | | dollar-for-dollar credit against the tax imposed under this | 20 | | Section for any renovation or construction costs paid by the | 21 | | owners licensee, but in no event shall the credit exceed | 22 | | $2,000,000. | 23 | | Additionally, from June 28, 2019 (the effective date of | 24 | | Public Act 101-31) until December 31, 2024, an owners licensee | 25 | | that (i) is located within 15 miles of the Missouri border, and | 26 | | (ii) has at least 3 riverboats, casinos, or their equivalent |
| | | 10300SB0584sam001 | - 27 - | LRB103 03056 MXP 64891 a |
|
| 1 | | within a 45-mile radius, may be authorized to relocate to a new | 2 | | location with the approval of both the unit of local | 3 | | government designated as the home dock and the Board, so long | 4 | | as the new location is within the same unit of local government | 5 | | and no more than 3 miles away from its original location. Such | 6 | | owners licensee shall receive a credit against the tax imposed | 7 | | under this Section equal to 8% of the total project costs, as | 8 | | approved by the Board, for any renovation or construction | 9 | | costs paid by the owners licensee for the construction of the | 10 | | new facility, provided that the new facility is operational by | 11 | | July 1, 2024. In determining whether or not to approve a | 12 | | relocation, the Board must consider the extent to which the | 13 | | relocation will diminish the gaming revenues received by other | 14 | | Illinois gaming facilities. | 15 | | (a-7) Beginning in the initial adjustment year and through | 16 | | the final adjustment year, if the total obligation imposed | 17 | | pursuant to either subsection (a-5) or (a-6) will result in an | 18 | | owners licensee receiving less after-tax adjusted gross | 19 | | receipts than it received in calendar year 2018, then the | 20 | | total amount of privilege taxes that the owners licensee is | 21 | | required to pay for that calendar year shall be reduced to the | 22 | | extent necessary so that the after-tax adjusted gross receipts | 23 | | in that calendar year equals the after-tax adjusted gross | 24 | | receipts in calendar year 2018, but the privilege tax | 25 | | reduction shall not exceed the annual adjustment cap. If | 26 | | pursuant to this subsection (a-7), the total obligation |
| | | 10300SB0584sam001 | - 28 - | LRB103 03056 MXP 64891 a |
|
| 1 | | imposed pursuant to either subsection (a-5) or (a-6) shall be | 2 | | reduced, then the owners licensee shall not receive a refund | 3 | | from the State at the end of the subject calendar year but | 4 | | instead shall be able to apply that amount as a credit against | 5 | | any payments it owes to the State in the following calendar | 6 | | year to satisfy its total obligation under either subsection | 7 | | (a-5) or (a-6). The credit for the final adjustment year shall | 8 | | occur in the calendar year following the final adjustment | 9 | | year. | 10 | | If an owners licensee that conducted gambling operations | 11 | | prior to January 1, 2019 expands its riverboat or casino, | 12 | | including, but not limited to, with respect to its gaming | 13 | | floor, additional non-gaming amenities such as restaurants, | 14 | | bars, and hotels and other additional facilities, and incurs | 15 | | construction and other costs related to such expansion from | 16 | | June 28, 2019 (the effective date of Public Act 101-31) until | 17 | | June 28, 2024 (the 5th anniversary of the effective date of | 18 | | Public Act 101-31), then for each $15,000,000 spent for any | 19 | | such construction or other costs related to expansion paid by | 20 | | the owners licensee, the final adjustment year shall be | 21 | | extended by one year and the annual adjustment cap shall | 22 | | increase by 0.2% of adjusted gross receipts during each | 23 | | calendar year until and including the final adjustment year. | 24 | | No further modifications to the final adjustment year or | 25 | | annual adjustment cap shall be made after $75,000,000 is | 26 | | incurred in construction or other costs related to expansion |
| | | 10300SB0584sam001 | - 29 - | LRB103 03056 MXP 64891 a |
|
| 1 | | so that the final adjustment year shall not extend beyond the | 2 | | 9th calendar year after the initial adjustment year, not | 3 | | including the initial adjustment year, and the annual | 4 | | adjustment cap shall not exceed 4% of adjusted gross receipts | 5 | | in a particular calendar year. Construction and other costs | 6 | | related to expansion shall include all project related costs, | 7 | | including, but not limited to, all hard and soft costs, | 8 | | financing costs, on or off-site ground, road or utility work, | 9 | | cost of gaming equipment and all other personal property, | 10 | | initial fees assessed for each incremental gaming position, | 11 | | and the cost of incremental land acquired for such expansion. | 12 | | Soft costs shall include, but not be limited to, legal fees, | 13 | | architect, engineering and design costs, other consultant | 14 | | costs, insurance cost, permitting costs, and pre-opening costs | 15 | | related to the expansion, including, but not limited to, any | 16 | | of the following: marketing, real estate taxes, personnel, | 17 | | training, travel and out-of-pocket expenses, supply, | 18 | | inventory, and other costs, and any other project related soft | 19 | | costs. | 20 | | To be eligible for the tax credits in subsection (a-6), | 21 | | all construction contracts shall include a requirement that | 22 | | the contractor enter into a project labor agreement with the | 23 | | building and construction trades council with geographic | 24 | | jurisdiction of the location of the proposed gaming facility. | 25 | | Notwithstanding any other provision of this subsection | 26 | | (a-7), this subsection (a-7) does not apply to an owners |
| | | 10300SB0584sam001 | - 30 - | LRB103 03056 MXP 64891 a |
|
| 1 | | licensee unless such owners licensee spends at least | 2 | | $15,000,000 on construction and other costs related to its | 3 | | expansion, excluding the initial fees assessed for each | 4 | | incremental gaming position. | 5 | | This subsection (a-7) does not apply to owners licensees | 6 | | authorized pursuant to subsection (e-5) of Section 7 of this | 7 | | Act. | 8 | | For purposes of this subsection (a-7): | 9 | | "Building and construction trades council" means any | 10 | | organization representing multiple construction entities that | 11 | | are monitoring or attentive to compliance with public or | 12 | | workers' safety laws, wage and hour requirements, or other | 13 | | statutory requirements or that are making or maintaining | 14 | | collective bargaining agreements. | 15 | | "Initial adjustment year" means the year commencing on | 16 | | January 1 of the calendar year immediately following the | 17 | | earlier of the following: | 18 | | (1) the commencement of gambling operations, either in | 19 | | a temporary or permanent facility, with respect to the | 20 | | owners license authorized under paragraph (1) of | 21 | | subsection (e-5) of Section 7 of this Act; or | 22 | | (2) June 28, 2021 (24 months after the effective date | 23 | | of Public Act 101-31); | 24 | | provided the initial adjustment year shall not commence | 25 | | earlier than June 28, 2020 (12 months after the effective date | 26 | | of Public Act 101-31). |
| | | 10300SB0584sam001 | - 31 - | LRB103 03056 MXP 64891 a |
|
| 1 | | "Final adjustment year" means the 2nd calendar year after | 2 | | the initial adjustment year, not including the initial | 3 | | adjustment year, and as may be extended further as described | 4 | | in this subsection (a-7). | 5 | | "Annual adjustment cap" means 3% of adjusted gross | 6 | | receipts in a particular calendar year, and as may be | 7 | | increased further as otherwise described in this subsection | 8 | | (a-7). | 9 | | (a-8) Riverboat gambling operations conducted by a | 10 | | licensed manager on behalf of the State are not subject to the | 11 | | tax imposed under this Section. | 12 | | (a-9) Beginning on January 1, 2020, the calculation of | 13 | | gross receipts or adjusted gross receipts, for the purposes of | 14 | | this Section, for a riverboat, a casino, or an organization | 15 | | gaming facility shall not include the dollar amount of | 16 | | non-cashable vouchers, coupons, and electronic promotions | 17 | | redeemed by wagerers upon the riverboat, in the casino, or in | 18 | | the organization gaming facility up to and including an amount | 19 | | not to exceed 20% of a riverboat's, a casino's, or an | 20 | | organization gaming facility's adjusted gross receipts. | 21 | | The Illinois Gaming Board shall submit to the General | 22 | | Assembly a comprehensive report no later than March 31, 2023 | 23 | | detailing, at a minimum, the effect of removing non-cashable | 24 | | vouchers, coupons, and electronic promotions from this | 25 | | calculation on net gaming revenues to the State in calendar | 26 | | years 2020 through 2022, the increase or reduction in wagerers |
| | | 10300SB0584sam001 | - 32 - | LRB103 03056 MXP 64891 a |
|
| 1 | | as a result of removing non-cashable vouchers, coupons, and | 2 | | electronic promotions from this calculation, the effect of the | 3 | | tax rates in subsection (a-5) on net gaming revenues to this | 4 | | State, and proposed modifications to the calculation. | 5 | | (a-10) The taxes imposed by this Section shall be paid by | 6 | | the licensed owner or the organization gaming licensee to the | 7 | | Board not later than 5:00 o'clock p.m. of the day after the day | 8 | | when the wagers were made. | 9 | | (a-15) If the privilege tax imposed under subsection (a-3) | 10 | | is no longer imposed pursuant to item (i) of the last paragraph | 11 | | of subsection (a-3), then by June 15 of each year, each owners | 12 | | licensee, other than an owners licensee that admitted | 13 | | 1,000,000 persons or fewer in calendar year 2004, must, in | 14 | | addition to the payment of all amounts otherwise due under | 15 | | this Section, pay to the Board a reconciliation payment in the | 16 | | amount, if any, by which the licensed owner's base amount | 17 | | exceeds the amount of net privilege tax paid by the licensed | 18 | | owner to the Board in the then current State fiscal year. A | 19 | | licensed owner's net privilege tax obligation due for the | 20 | | balance of the State fiscal year shall be reduced up to the | 21 | | total of the amount paid by the licensed owner in its June 15 | 22 | | reconciliation payment. The obligation imposed by this | 23 | | subsection (a-15) is binding on any person, firm, corporation, | 24 | | or other entity that acquires an ownership interest in any | 25 | | such owners license. The obligation imposed under this | 26 | | subsection (a-15) terminates on the earliest of: (i) July 1, |
| | | 10300SB0584sam001 | - 33 - | LRB103 03056 MXP 64891 a |
|
| 1 | | 2007, (ii) the first day after August 23, 2005 (the effective | 2 | | date of Public Act 94-673) that riverboat gambling operations | 3 | | are conducted pursuant to a dormant license, (iii) the first | 4 | | day that riverboat gambling operations are conducted under the | 5 | | authority of an owners license that is in addition to the 10 | 6 | | owners licenses initially authorized under this Act, or (iv) | 7 | | the first day that a licensee under the Illinois Horse Racing | 8 | | Act of 1975 conducts gaming operations with slot machines or | 9 | | other electronic gaming devices. The Board must reduce the | 10 | | obligation imposed under this subsection (a-15) by an amount | 11 | | the Board deems reasonable for any of the following reasons: | 12 | | (A) an act or acts of God, (B) an act of bioterrorism or | 13 | | terrorism or a bioterrorism or terrorism threat that was | 14 | | investigated by a law enforcement agency, or (C) a condition | 15 | | beyond the control of the owners licensee that does not result | 16 | | from any act or omission by the owners licensee or any of its | 17 | | agents and that poses a hazardous threat to the health and | 18 | | safety of patrons. If an owners licensee pays an amount in | 19 | | excess of its liability under this Section, the Board shall | 20 | | apply the overpayment to future payments required under this | 21 | | Section. | 22 | | For purposes of this subsection (a-15): | 23 | | "Act of God" means an incident caused by the operation of | 24 | | an extraordinary force that cannot be foreseen, that cannot be | 25 | | avoided by the exercise of due care, and for which no person | 26 | | can be held liable. |
| | | 10300SB0584sam001 | - 34 - | LRB103 03056 MXP 64891 a |
|
| 1 | | "Base amount" means the following: | 2 | | For a riverboat in Alton, $31,000,000. | 3 | | For a riverboat in East Peoria, $43,000,000. | 4 | | For the Empress riverboat in Joliet, $86,000,000. | 5 | | For a riverboat in Metropolis, $45,000,000. | 6 | | For the Harrah's riverboat in Joliet, $114,000,000. | 7 | | For a riverboat in Aurora, $86,000,000. | 8 | | For a riverboat in East St. Louis, $48,500,000. | 9 | | For a riverboat in Elgin, $198,000,000. | 10 | | "Dormant license" has the meaning ascribed to it in | 11 | | subsection (a-3). | 12 | | "Net privilege tax" means all privilege taxes paid by a | 13 | | licensed owner to the Board under this Section, less all | 14 | | payments made from the State Gaming Fund pursuant to | 15 | | subsection (b) of this Section. | 16 | | The changes made to this subsection (a-15) by Public Act | 17 | | 94-839 are intended to restate and clarify the intent of | 18 | | Public Act 94-673 with respect to the amount of the payments | 19 | | required to be made under this subsection by an owners | 20 | | licensee to the Board. | 21 | | (b) From the tax revenue from riverboat or casino gambling | 22 | | deposited in the State Gaming Fund under this Section, an | 23 | | amount equal to 5% of adjusted gross receipts generated by a | 24 | | riverboat or a casino, other than a riverboat or casino | 25 | | designated in paragraph (1), (3), or (4) of subsection (e-5) | 26 | | of Section 7, shall be paid monthly, subject to appropriation |
| | | 10300SB0584sam001 | - 35 - | LRB103 03056 MXP 64891 a |
|
| 1 | | by the General Assembly, to the unit of local government in | 2 | | which the casino is located or that is designated as the home | 3 | | dock of the riverboat. Notwithstanding anything to the | 4 | | contrary, beginning on the first day that an owners licensee | 5 | | under paragraph (1), (2), (3), (4), (5), or (6) of subsection | 6 | | (e-5) of Section 7 conducts gambling operations, either in a | 7 | | temporary facility or a permanent facility, and for 2 years | 8 | | thereafter, a unit of local government designated as the home | 9 | | dock of a riverboat whose license was issued before January 1, | 10 | | 2019, other than a riverboat conducting gambling operations in | 11 | | the City of East St. Louis, shall not receive less under this | 12 | | subsection (b) than the amount the unit of local government | 13 | | received under this subsection (b) in calendar year 2018. | 14 | | Notwithstanding anything to the contrary and because the City | 15 | | of East St. Louis is a financially distressed city, beginning | 16 | | on the first day that an owners licensee under paragraph (1), | 17 | | (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 | 18 | | conducts gambling operations, either in a temporary facility | 19 | | or a permanent facility, and for 10 years thereafter, a unit of | 20 | | local government designated as the home dock of a riverboat | 21 | | conducting gambling operations in the City of East St. Louis | 22 | | shall not receive less under this subsection (b) than the | 23 | | amount the unit of local government received under this | 24 | | subsection (b) in calendar year 2018. | 25 | | From the tax revenue deposited in the State Gaming Fund | 26 | | pursuant to riverboat or casino gambling operations conducted |
| | | 10300SB0584sam001 | - 36 - | LRB103 03056 MXP 64891 a |
|
| 1 | | by a licensed manager on behalf of the State, an amount equal | 2 | | to 5% of adjusted gross receipts generated pursuant to those | 3 | | riverboat or casino gambling operations shall be paid monthly, | 4 | | subject to appropriation by the General Assembly, to the unit | 5 | | of local government that is designated as the home dock of the | 6 | | riverboat upon which those riverboat gambling operations are | 7 | | conducted or in which the casino is located. | 8 | | From the tax revenue from riverboat or casino gambling | 9 | | deposited in the State Gaming Fund under this Section, an | 10 | | amount equal to 5% of the adjusted gross receipts generated by | 11 | | a riverboat designated in paragraph (3) of subsection (e-5) of | 12 | | Section 7 shall be divided and remitted monthly, subject to | 13 | | appropriation, as follows: 70% to Waukegan, 10% to Park City, | 14 | | 15% to North Chicago, and 5% to Lake County. | 15 | | From the tax revenue from riverboat or casino gambling | 16 | | deposited in the State Gaming Fund under this Section, an | 17 | | amount equal to 5% of the adjusted gross receipts generated by | 18 | | a riverboat designated in paragraph (4) of subsection (e-5) of | 19 | | Section 7 shall be remitted monthly, subject to appropriation, | 20 | | as follows: 70% to the City of Rockford, 5% to the City of | 21 | | Loves Park, 5% to the Village of Machesney, and 20% to | 22 | | Winnebago County. | 23 | | From the tax revenue from riverboat or casino gambling | 24 | | deposited in the State Gaming Fund under this Section, an | 25 | | amount equal to 5% of the adjusted gross receipts generated by | 26 | | a riverboat designated in paragraph (5) of subsection (e-5) of |
| | | 10300SB0584sam001 | - 37 - | LRB103 03056 MXP 64891 a |
|
| 1 | | Section 7 shall be remitted monthly, subject to appropriation, | 2 | | as follows: 2% to the unit of local government in which the | 3 | | riverboat or casino is located, and 3% shall be distributed: | 4 | | (A) in accordance with a regional capital development plan | 5 | | entered into by the following communities: Village of Beecher, | 6 | | City of Blue Island, Village of Burnham, City of Calumet City, | 7 | | Village of Calumet Park, City of Chicago Heights, City of | 8 | | Country Club Hills, Village of Crestwood, Village of Crete, | 9 | | Village of Dixmoor, Village of Dolton, Village of East Hazel | 10 | | Crest, Village of Flossmoor, Village of Ford Heights, Village | 11 | | of Glenwood, City of Harvey, Village of Hazel Crest, Village | 12 | | of Homewood, Village of Lansing, Village of Lynwood, City of | 13 | | Markham, Village of Matteson, Village of Midlothian, Village | 14 | | of Monee, City of Oak Forest, Village of Olympia Fields, | 15 | | Village of Orland Hills, Village of Orland Park, City of Palos | 16 | | Heights, Village of Park Forest, Village of Phoenix, Village | 17 | | of Posen, Village of Richton Park, Village of Riverdale, | 18 | | Village of Robbins, Village of Sauk Village, Village of South | 19 | | Chicago Heights, Village of South Holland, Village of Steger, | 20 | | Village of Thornton, Village of Tinley Park, Village of | 21 | | University Park, and Village of Worth; or (B) if no regional | 22 | | capital development plan exists, equally among the communities | 23 | | listed in item (A) to be used for capital expenditures or | 24 | | public pension payments, or both. | 25 | | Units of local government may refund any portion of the | 26 | | payment that they receive pursuant to this subsection (b) to |
| | | 10300SB0584sam001 | - 38 - | LRB103 03056 MXP 64891 a |
|
| 1 | | the riverboat or casino. | 2 | | (b-4) Beginning on the first day a the licensee under | 3 | | paragraph (5) of subsection (e-5) of Section 7 conducts | 4 | | gambling operations or 30 days after the effective date of | 5 | | this Amendatory Act of the 103rd General Assembly, whichever | 6 | | is sooner , either in a temporary facility or a permanent | 7 | | facility, and ending on July 31, 2042, from the tax revenue | 8 | | deposited in the State Gaming Fund under this Section, | 9 | | $5,000,000 shall be paid annually, subject to appropriation, | 10 | | to the host municipality of that owners licensee of a license | 11 | | issued or re-issued pursuant to Section 7.1 of this Act before | 12 | | January 1, 2012. Payments received by the host municipality | 13 | | pursuant to this subsection (b-4) may not be shared with any | 14 | | other unit of local government. | 15 | | (b-5) Beginning on June 28, 2019 (the effective date of | 16 | | Public Act 101-31), from the tax revenue deposited in the | 17 | | State Gaming Fund under this Section, an amount equal to 3% of | 18 | | adjusted gross receipts generated by each organization gaming | 19 | | facility located outside Madison County shall be paid monthly, | 20 | | subject to appropriation by the General Assembly, to a | 21 | | municipality other than the Village of Stickney in which each | 22 | | organization gaming facility is located or, if the | 23 | | organization gaming facility is not located within a | 24 | | municipality, to the county in which the organization gaming | 25 | | facility is located, except as otherwise provided in this | 26 | | Section. From the tax revenue deposited in the State Gaming |
| | | 10300SB0584sam001 | - 39 - | LRB103 03056 MXP 64891 a |
|
| 1 | | Fund under this Section, an amount equal to 3% of adjusted | 2 | | gross receipts generated by an organization gaming facility | 3 | | located in the Village of Stickney shall be paid monthly, | 4 | | subject to appropriation by the General Assembly, as follows: | 5 | | 25% to the Village of Stickney, 5% to the City of Berwyn, 50% | 6 | | to the Town of Cicero, and 20% to the Stickney Public Health | 7 | | District. | 8 | | From the tax revenue deposited in the State Gaming Fund | 9 | | under this Section, an amount equal to 5% of adjusted gross | 10 | | receipts generated by an organization gaming facility located | 11 | | in the City of Collinsville shall be paid monthly, subject to | 12 | | appropriation by the General Assembly, as follows: 30% to the | 13 | | City of Alton, 30% to the City of East St. Louis, and 40% to | 14 | | the City of Collinsville. | 15 | | Municipalities and counties may refund any portion of the | 16 | | payment that they receive pursuant to this subsection (b-5) to | 17 | | the organization gaming facility. | 18 | | (b-6) Beginning on June 28, 2019 (the effective date of | 19 | | Public Act 101-31), from the tax revenue deposited in the | 20 | | State Gaming Fund under this Section, an amount equal to 2% of | 21 | | adjusted gross receipts generated by an organization gaming | 22 | | facility located outside Madison County shall be paid monthly, | 23 | | subject to appropriation by the General Assembly, to the | 24 | | county in which the organization gaming facility is located | 25 | | for the purposes of its criminal justice system or health care | 26 | | system. |
| | | 10300SB0584sam001 | - 40 - | LRB103 03056 MXP 64891 a |
|
| 1 | | Counties may refund any portion of the payment that they | 2 | | receive pursuant to this subsection (b-6) to the organization | 3 | | gaming facility. | 4 | | (b-7) From the tax revenue from the organization gaming | 5 | | licensee located in one of the following townships of Cook | 6 | | County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or | 7 | | Worth, an amount equal to 5% of the adjusted gross receipts | 8 | | generated by that organization gaming licensee shall be | 9 | | remitted monthly, subject to appropriation, as follows: 2% to | 10 | | the unit of local government in which the organization gaming | 11 | | licensee is located, and 3% shall be distributed: (A) in | 12 | | accordance with a regional capital development plan entered | 13 | | into by the following communities: Village of Beecher, City of | 14 | | Blue Island, Village of Burnham, City of Calumet City, Village | 15 | | of Calumet Park, City of Chicago Heights, City of Country Club | 16 | | Hills, Village of Crestwood, Village of Crete, Village of | 17 | | Dixmoor, Village of Dolton, Village of East Hazel Crest, | 18 | | Village of Flossmoor, Village of Ford Heights, Village of | 19 | | Glenwood, City of Harvey, Village of Hazel Crest, Village of | 20 | | Homewood, Village of Lansing, Village of Lynwood, City of | 21 | | Markham, Village of Matteson, Village of Midlothian, Village | 22 | | of Monee, City of Oak Forest, Village of Olympia Fields, | 23 | | Village of Orland Hills, Village of Orland Park, City of Palos | 24 | | Heights, Village of Park Forest, Village of Phoenix, Village | 25 | | of Posen, Village of Richton Park, Village of Riverdale, | 26 | | Village of Robbins, Village of Sauk Village, Village of South |
| | | 10300SB0584sam001 | - 41 - | LRB103 03056 MXP 64891 a |
|
| 1 | | Chicago Heights, Village of South Holland, Village of Steger, | 2 | | Village of Thornton, Village of Tinley Park, Village of | 3 | | University Park, and Village of Worth; or (B) if no regional | 4 | | capital development plan exists, equally among the communities | 5 | | listed in item (A) to be used for capital expenditures or | 6 | | public pension payments, or both. | 7 | | (b-8) In lieu of the payments under subsection (b) of this | 8 | | Section, from the tax revenue deposited in the State Gaming | 9 | | Fund pursuant to riverboat or casino gambling operations | 10 | | conducted by an owners licensee under paragraph (1) of | 11 | | subsection (e-5) of Section 7, an amount equal to the tax | 12 | | revenue generated from the privilege tax imposed by paragraph | 13 | | (2) of subsection (a-5) that is to be paid to the City of | 14 | | Chicago shall be paid monthly, subject to appropriation by the | 15 | | General Assembly, as follows: (1) an amount equal to 0.5% of | 16 | | the annual adjusted gross receipts generated by the owners | 17 | | licensee under paragraph (1) of subsection (e-5) of Section 7 | 18 | | to the home rule county in which the owners licensee is located | 19 | | for the purpose of enhancing the county's criminal justice | 20 | | system; and (2) the balance to the City of Chicago and shall be | 21 | | expended or obligated by the City of Chicago for pension | 22 | | payments in accordance with Public Act 99-506. | 23 | | (c) Appropriations, as approved by the General Assembly, | 24 | | may be made from the State Gaming Fund to the Board (i) for the | 25 | | administration and enforcement of this Act and the Video | 26 | | Gaming Act, (ii) for distribution to the Illinois State Police |
| | | 10300SB0584sam001 | - 42 - | LRB103 03056 MXP 64891 a |
|
| 1 | | and to the Department of Revenue for the enforcement of this | 2 | | Act and the Video Gaming Act, and (iii) to the Department of | 3 | | Human Services for the administration of programs to treat | 4 | | problem gambling, including problem gambling from sports | 5 | | wagering. The Board's annual appropriations request must | 6 | | separately state its funding needs for the regulation of | 7 | | gaming authorized under Section 7.7, riverboat gaming, casino | 8 | | gaming, video gaming, and sports wagering. | 9 | | (c-2) An amount equal to 2% of the adjusted gross receipts | 10 | | generated by an organization gaming facility located within a | 11 | | home rule county with a population of over 3,000,000 | 12 | | inhabitants shall be paid, subject to appropriation from the | 13 | | General Assembly, from the State Gaming Fund to the home rule | 14 | | county in which the organization gaming licensee is located | 15 | | for the purpose of enhancing the county's criminal justice | 16 | | system. | 17 | | (c-3) Appropriations, as approved by the General Assembly, | 18 | | may be made from the tax revenue deposited into the State | 19 | | Gaming Fund from organization gaming licensees pursuant to | 20 | | this Section for the administration and enforcement of this | 21 | | Act. | 22 | | (c-4) After payments required under subsections (b), | 23 | | (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from | 24 | | the tax revenue from organization gaming licensees deposited | 25 | | into the State Gaming Fund under this Section, all remaining | 26 | | amounts from organization gaming licensees shall be |
| | | 10300SB0584sam001 | - 43 - | LRB103 03056 MXP 64891 a |
|
| 1 | | transferred into the Capital Projects Fund. | 2 | | (c-5) (Blank). | 3 | | (c-10) Each year the General Assembly shall appropriate | 4 | | from the General Revenue Fund to the Education Assistance Fund | 5 | | an amount equal to the amount paid into the Horse Racing Equity | 6 | | Fund pursuant to subsection (c-5) in the prior calendar year. | 7 | | (c-15) After the payments required under subsections (b), | 8 | | (c), and (c-5) have been made, an amount equal to 2% of the | 9 | | adjusted gross receipts of (1) an owners licensee that | 10 | | relocates pursuant to Section 11.2, (2) an owners licensee | 11 | | conducting riverboat gambling operations pursuant to an owners | 12 | | license that is initially issued after June 25, 1999, or (3) | 13 | | the first riverboat gambling operations conducted by a | 14 | | licensed manager on behalf of the State under Section 7.3, | 15 | | whichever comes first, shall be paid, subject to appropriation | 16 | | from the General Assembly, from the State Gaming Fund to each | 17 | | home rule county with a population of over 3,000,000 | 18 | | inhabitants for the purpose of enhancing the county's criminal | 19 | | justice system. | 20 | | (c-20) Each year the General Assembly shall appropriate | 21 | | from the General Revenue Fund to the Education Assistance Fund | 22 | | an amount equal to the amount paid to each home rule county | 23 | | with a population of over 3,000,000 inhabitants pursuant to | 24 | | subsection (c-15) in the prior calendar year. | 25 | | (c-21) After the payments required under subsections (b), | 26 | | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have |
| | | 10300SB0584sam001 | - 44 - | LRB103 03056 MXP 64891 a |
|
| 1 | | been made, an amount equal to 0.5% of the adjusted gross | 2 | | receipts generated by the owners licensee under paragraph (1) | 3 | | of subsection (e-5) of Section 7 shall be paid monthly, | 4 | | subject to appropriation from the General Assembly, from the | 5 | | State Gaming Fund to the home rule county in which the owners | 6 | | licensee is located for the purpose of enhancing the county's | 7 | | criminal justice system. | 8 | | (c-22) After the payments required under subsections (b), | 9 | | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and | 10 | | (c-21) have been made, an amount equal to 2% of the adjusted | 11 | | gross receipts generated by the owners licensee under | 12 | | paragraph (5) of subsection (e-5) of Section 7 shall be paid, | 13 | | subject to appropriation from the General Assembly, from the | 14 | | State Gaming Fund to the home rule county in which the owners | 15 | | licensee is located for the purpose of enhancing the county's | 16 | | criminal justice system. | 17 | | (c-25) From July 1, 2013 and each July 1 thereafter | 18 | | through July 1, 2019, $1,600,000 shall be transferred from the | 19 | | State Gaming Fund to the Chicago State University Education | 20 | | Improvement Fund. | 21 | | On July 1, 2020 and each July 1 thereafter, $3,000,000 | 22 | | shall be transferred from the State Gaming Fund to the Chicago | 23 | | State University Education Improvement Fund. | 24 | | (c-30) On July 1, 2013 or as soon as possible thereafter, | 25 | | $92,000,000 shall be transferred from the State Gaming Fund to | 26 | | the School Infrastructure Fund and $23,000,000 shall be |
| | | 10300SB0584sam001 | - 45 - | LRB103 03056 MXP 64891 a |
|
| 1 | | transferred from the State Gaming Fund to the Horse Racing | 2 | | Equity Fund. | 3 | | (c-35) Beginning on July 1, 2013, in addition to any | 4 | | amount transferred under subsection (c-30) of this Section, | 5 | | $5,530,000 shall be transferred monthly from the State Gaming | 6 | | Fund to the School Infrastructure Fund. | 7 | | (d) From time to time, through June 30, 2021, the Board | 8 | | shall transfer the remainder of the funds generated by this | 9 | | Act into the Education Assistance Fund. | 10 | | (d-5) Beginning on July 1, 2021, on the last day of each | 11 | | month, or as soon thereafter as possible, after all the | 12 | | required expenditures, distributions, and transfers have been | 13 | | made from the State Gaming Fund for the month pursuant to | 14 | | subsections (b) through (c-35), at the direction of the Board, | 15 | | the Comptroller shall direct and the Treasurer shall transfer | 16 | | $22,500,000, along with any deficiencies in such amounts from | 17 | | prior months in the same fiscal year, from the State Gaming | 18 | | Fund to the Education Assistance Fund; then, at the direction | 19 | | of the Board, the Comptroller shall direct and the Treasurer | 20 | | shall transfer the remainder of the funds generated by this | 21 | | Act, if any, from the State Gaming Fund to the Capital Projects | 22 | | 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 |
| | | 10300SB0584sam001 | - 46 - | LRB103 03056 MXP 64891 a |
|
| 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. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | 9 | | 102-689, eff. 12-17-21; 102-699, eff. 4-19-22; 103-8, eff. | 10 | | 6-7-23.) | 11 | | Section 45. The Sports Wagering Act is amended by changing | 12 | | Section 25-25 as follows: | 13 | | (230 ILCS 45/25-25) | 14 | | Sec. 25-25. Sports wagering authorized. | 15 | | (a) Notwithstanding any provision of law to the contrary, | 16 | | the operation of sports wagering is only lawful when conducted | 17 | | in accordance with the provisions of this Act and the rules of | 18 | | the Illinois Gaming Board and the Department of the Lottery. | 19 | | (b) A person placing a wager under this Act shall be at | 20 | | least 21 years of age. | 21 | | (c) A licensee under this Act may not accept a wager on a | 22 | | minor league sports event. | 23 | | (d) Except as otherwise provided in this Section, a | 24 | | licensee under this Act may not accept a wager for a sports |
| | | 10300SB0584sam001 | - 47 - | LRB103 03056 MXP 64891 a |
|
| 1 | | event involving an Illinois collegiate team. | 2 | | (d-5) Beginning on December 17, 2021 ( the effective date | 3 | | of Public Act 102-689) this amendatory Act of the 102nd | 4 | | General Assembly until July 1, 2026 2024 , a licensee under | 5 | | this Act may accept a wager for a sports event involving an | 6 | | Illinois collegiate team if: | 7 | | (1) the wager is a tier 1 wager; | 8 | | (2) the wager is not related to an individual | 9 | | athlete's performance; and | 10 | | (3) the wager is made in person instead of over the | 11 | | Internet or through a mobile application. | 12 | | (e) A licensee under this Act may only accept a wager from | 13 | | a person physically located in the State. | 14 | | (f) Master sports wagering licensees may use any data | 15 | | source for determining the results of all tier 1 sports | 16 | | wagers. | 17 | | (g) A sports governing body headquartered in the United | 18 | | States may notify the Board that it desires to supply official | 19 | | league data to master sports wagering licensees for | 20 | | determining the results of tier 2 sports wagers. Such | 21 | | notification shall be made in the form and manner as the Board | 22 | | may require. If a sports governing body does not notify the | 23 | | Board of its desire to supply official league data, a master | 24 | | sports wagering licensee may use any data source for | 25 | | determining the results of any and all tier 2 sports wagers on | 26 | | sports contests for that sports governing body. |
| | | 10300SB0584sam001 | - 48 - | LRB103 03056 MXP 64891 a |
|
| 1 | | Within 30 days of a sports governing body notifying the | 2 | | Board, master sports wagering licensees shall use only | 3 | | official league data to determine the results of tier 2 sports | 4 | | wagers on sports events sanctioned by that sports governing | 5 | | body, unless: (1) the sports governing body or designee cannot | 6 | | provide a feed of official league data to determine the | 7 | | results of a particular type of tier 2 sports wager, in which | 8 | | case master sports wagering licensees may use any data source | 9 | | for determining the results of the applicable tier 2 sports | 10 | | wager until such time as such data feed becomes available on | 11 | | commercially reasonable terms; or (2) a master sports wagering | 12 | | licensee can demonstrate to the Board that the sports | 13 | | governing body or its designee cannot provide a feed of | 14 | | official league data to the master sports wagering licensee on | 15 | | commercially reasonable terms. During the pendency of the | 16 | | Board's determination, such master sports wagering licensee | 17 | | may use any data source for determining the results of any and | 18 | | all tier 2 sports wagers. | 19 | | (h) A licensee under this Act may not accept wagers on a | 20 | | kindergarten through 12th grade sports event. | 21 | | (Source: P.A. 102-689, eff. 12-17-21; 103-4, eff. 5-31-23.) | 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.". |
|