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92_SB2288ham001 LRB9215655LDtmam 1 AMENDMENT TO SENATE BILL 2288 2 AMENDMENT NO. . Amend Senate Bill 2288 by replacing 3 everything after the enacting clause with the following: 4 "Section 1. Short title. This Act may be cited as the 5 FY2003 Budget Implementation (Gaming) Act. 6 Section 5. Purpose. It is the purpose of this Act to 7 make the changes in State programs relating to gaming that 8 are necessary to implement the State's FY2003 budget. 9 Section 10. The Riverboat Gambling Act is amended by 10 adding Sections 11.3, 11.4, and 13.2 and changing Sections 4, 11 7, and 13 as follows: 12 (230 ILCS 10/4) (from Ch. 120, par. 2404) 13 Sec. 4. Definitions. As used in this Act: 14 (a) "Board" means the Illinois Gaming Board. 15 (b) "Occupational license" means a license issued by the 16 Board to a person or entity to perform an occupation which 17 the Board has identified as requiring a license to engage in 18 riverboat gambling in Illinois. 19 (c) "Gambling game" includes, but is not limited to, 20 baccarat, twenty-one, poker, craps, slot machine, video game -2- LRB9215655LDtmam 1 of chance, roulette wheel, klondike table, punchboard, faro 2 layout, keno layout, numbers ticket, push card, jar ticket, 3 or pull tab which is authorized by the Board as a wagering 4 device under this Act. 5 (d) "Riverboat" means a self-propelled excursion boat, 6ora permanently moored barge, or permanently moored barges 7 that are permanently fixed together on which lawful gambling 8 is authorized and licensed as provided in this Act. 9 (e) (Blank). 10 (f) "Dock" means the location where a riverboat moors 11 for the purpose of embarking passengers for and disembarking 12 passengers from the riverboat. 13 (g) "Gross receipts" means the total amount of money 14 exchanged for the purchase of chips, tokens or electronic 15 cards by riverboat patrons. 16 (h) "Adjusted gross receipts" means the gross receipts 17 less winnings paid to wagerers. 18 (i) "Cheat" means to alter the selection of criteria 19 which determine the result of a gambling game or the amount 20 or frequency of payment in a gambling game. 21 (j) "Department" means the Department of Revenue. 22 (k) "Gambling operation" means the conduct of authorized 23 gambling games upon a riverboat. 24 (Source: P.A. 91-40, eff. 6-25-99.) 25 (230 ILCS 10/7) (from Ch. 120, par. 2407) 26 Sec. 7. Owners Licenses. 27 (a) The Board shall issue owners licenses to persons, 28 firms or corporations which apply for such licenses upon 29 payment to the Board of the non-refundable license fee set by 30 the Board, upon payment of a $25,000 license fee for the 31 first year of operation and a $50,000$5,000license fee for 32 each succeeding year and upon a determination by the Board 33 that the applicant is eligible for an owners license -3- LRB9215655LDtmam 1 pursuant to this Act and the rules of the Board. A person, 2 firm or corporation is ineligible to receive an owners 3 license if: 4 (1) the person has been convicted of a felony under 5 the laws of this State, any other state, or the United 6 States; 7 (2) the person has been convicted of any violation 8 of Article 28 of the Criminal Code of 1961, or 9 substantially similar laws of any other jurisdiction; 10 (3) the person has submitted an application for a 11 license under this Act which contains false information; 12 (4) the person is a member of the Board; 13 (5) a person defined in (1), (2), (3) or (4) is an 14 officer, director or managerial employee of the firm or 15 corporation; 16 (6) the firm or corporation employs a person 17 defined in (1), (2), (3) or (4) who participates in the 18 management or operation of gambling operations authorized 19 under this Act; 20 (7) (blank); or 21 (8) a license of the person, firm or corporation 22 issued under this Act, or a license to own or operate 23 gambling facilities in any other jurisdiction, has been 24 revoked. 25 (b) In determining whether to grant an owners license to 26 an applicant, the Board shall consider: 27 (1) the character, reputation, experience and 28 financial integrity of the applicants and of any other or 29 separate person that either: 30 (A) controls, directly or indirectly, such 31 applicant, or 32 (B) is controlled, directly or indirectly, by 33 such applicant or by a person which controls, 34 directly or indirectly, such applicant; -4- LRB9215655LDtmam 1 (2) the facilities or proposed facilities for the 2 conduct of riverboat gambling; 3 (3) the highest prospective total revenue to be 4 derived by the State from the conduct of riverboat 5 gambling; 6 (4) the good faith affirmative action plan of each 7 applicant to recruit, train and upgrade minorities in all 8 employment classifications; 9 (5) the financial ability of the applicant to 10 purchase and maintain adequate liability and casualty 11 insurance; 12 (6) whether the applicant has adequate 13 capitalization to provide and maintain, for the duration 14 of a license, a riverboat; and 15 (7) the extent to which the applicant exceeds or 16 meets other standards for the issuance of an owners 17 license which the Board may adopt by rule. 18 (c) Each owners license shall specify the place where 19 riverboats shall operate and dock. 20 (d) Each applicant shall submit with his application, on 21 forms provided by the Board, 2 sets of his fingerprints. 22 (e) The Board shallmayissueup to10 licenses 23 authorizing the holders of such licenses to own riverboats. 24 In the application for an owners license, the applicant shall 25 state the dock at which the riverboat is based and the water 26 on which the riverboat will be located. The Board shall 27 issue 5 licenses to become effective not earlier than January 28 1, 1991. Three of such licenses shall authorize riverboat 29 gambling on the Mississippi River, or in a municipality that 30 (1) borders on the Mississippi River or is within 5 miles of 31 the city limits of a municipality that borders on the 32 Mississippi River and (2), on the effective date of this 33 amendatory Act of the 92nd General Assembly, has a riverboat 34 conducting riverboat gambling operations pursuant to a -5- LRB9215655LDtmam 1 license issued under this Act; one of which shall authorize 2 riverboat gambling from a home dock in the city of East St. 3 Louis. One other license shall authorize riverboat gambling 4 on the Illinois River south of Marshall County. The Board 5 shall issue 1 additional license to become effective not 6 earlier than March 1, 1992, which shall authorize riverboat 7 gambling on the Des Plaines River in Will County. The Board 8 may issue 4 additional licenses to become effective not 9 earlier than March 1, 1992. In determining the water upon 10 which riverboats will operate, the Board shall consider the 11 economic benefit which riverboat gambling confers on the 12 State, and shall seek to assure that all regions of the State 13 share in the economic benefits of riverboat gambling. 14 In granting all licenses, the Board may give favorable 15 consideration to economically depressed areas of the State, 16 to applicants presenting plans which provide for significant 17 economic development over a large geographic area, and to 18 applicants who currently operate non-gambling riverboats in 19 Illinois. The Board shall review all applications for owners 20 licenses, and shall inform each applicant of the Board's 21 decision. 22 An owners licensee that receives an owners license 23 authorizing it to begin conducting riverboat gambling 24 operations on or after the effective date of this amendatory 25 Act of the 92nd General Assembly shall attain a level of at 26 least 20% minority person and female ownership, at least 16% 27 and 4% respectively, within a time period prescribed by the 28 Board, but not to exceed 12 months from the date the licensee 29 begins conducting riverboat gambling operations. The 30 12-month period shall be extended by the amount of time 31 necessary to conduct a background investigation pursuant to 32 Section 6. For the purposes of this Section, the terms 33 "female" and "minority person" have the meanings provided in 34 Section 2 of the Business Enterprise for Minorities, Females, -6- LRB9215655LDtmam 1 and Persons with Disabilities Act. 2 The Board may revoke the owners license of a licensee 3 which fails to begin conducting gambling within 15 months of 4 receipt of the Board's approval of the application if the 5 Board determines that license revocation is in the best 6 interests of the State. 7 (f) The first 10 owners licenses issued under this Act 8 shall permit the holder to own up to 2 riverboats and 9 equipment thereon for a period of 3 years after the effective 10 date of the license. Holders of the first 10 owners licenses 11 must pay the annual license fee for each of the 3 years 12 during which they are authorized to own riverboats. 13 (g) Upon the termination, expiration, or revocation of 14 each of the first 10 licenses, which shall be issued for a 3 15 year period, all licenses are renewable annually upon payment 16 of the fee and a determination by the Board that the licensee 17 continues to meet all of the requirements of this Act and the 18 Board's rules. However, for licenses renewed on or after May 19 1, 1998, renewal shall be for a period of 4 years, unless the 20 Board sets a shorter period. 21 (h) An owners license shall entitle the licensee to own 22 up to 2 riverboats. A licensee shall limit the number of 23 gambling participants to 1,200 for any such owners license. A 24 licensee may operate both of its riverboats concurrently, 25 provided that the total number of gambling participants on 26 both riverboats does not exceed 1,200. Riverboats licensed to 27 operate on the Mississippi River and the Illinois River south 28 of Marshall County shall have an authorized capacity of at 29 least 500 persons. Any other riverboat licensed under this 30 Act shall have an authorized capacity of at least 400 31 persons. 32 (i) A licensed owner is authorized to apply to the Board 33 for and, if approved therefor, to receive all licenses from 34 the Board necessary for the operation of a riverboat, -7- LRB9215655LDtmam 1 including a liquor license, a license to prepare and serve 2 food for human consumption, and other necessary licenses. 3 All use, occupation and excise taxes which apply to the sale 4 of food and beverages in this State and all taxes imposed on 5 the sale or use of tangible personal property apply to such 6 sales aboard the riverboat. 7 (j) The Board may issue a license authorizing a 8 riverboat to dock in a municipality or approve a relocation 9 under Section 11.2 only if, prior to the issuance of the 10 license or approval, the governing body of the municipality 11 in which the riverboat will dock has by a majority vote 12 approved the docking of riverboats in the municipality. The 13 Board may issue a license authorizing a riverboat to dock in 14 areas of a county outside any municipality or approve a 15 relocation under Section 11.2 only if, prior to the issuance 16 of the license or approval, the governing body of the county 17 has by a majority vote approved of the docking of riverboats 18 within such areas. 19 (Source: P.A. 91-40, eff. 6-25-99.) 20 (230 ILCS 10/11.3 new) 21 Sec. 11.3. Unused gaming positions of a dormant license. 22 The Board shall reallocate unused gaming positions as 23 provided in this Section within 30 days of the effective date 24 of this amendatory Act of the 92nd General Assembly. The 25 reallocation of gaming positions authorized by this Section 26 shall be made by the Board prior to the reallocation of 27 gaming positions under Section 11.4. The gaming positions 28 authorized by a dormant license shall be divided equally 29 among all eligible licensees and may be used by those 30 eligible licensees as part of their riverboat gambling 31 operations. If an eligible licensee does not elect to obtain 32 some or all of the additional gaming positions authorized to 33 it under this Section, all other eligible licensees may -8- LRB9215655LDtmam 1 divide those positions equally. 2 As soon as an owners licensee begins conducting riverboat 3 gambling operations authorized by a dormant license, but in 4 no event later than 18 months after the effective date of 5 this amendatory Act of the 92nd General Assembly, eligible 6 licensees using gaming positions authorized pursuant to this 7 Section shall no longer use those gaming positions. 8 For the purposes of this Section 11.3, the term "eligible 9 licensee" means an owners licensee that was in the top 4 in 10 adjusted gross receipts in calendar year 2001 as determined 11 by the Board and the term "dormant license" means an owners 12 license that is authorized by this Act under which no 13 riverboat gambling operations are being conducted on the 14 effective date of this amendatory Act of the 92nd General 15 Assembly. 16 (230 ILCS 10/11.4 new) 17 Sec. 11.4. Rock Island licensee's unused gaming 18 positions. The Board shall reallocate unused gaming 19 positions as provided in this Section within 30 days after 20 all of the gaming positions subject to reallocation under 21 Section 11.3 have been reallocated. Four hundred gaming 22 positions of an owners licensee that conducts riverboat 23 gambling operations from a home dock in Rock Island County 24 shall be divided equally among all eligible licensees and may 25 be used by those eligible licensees as part of the riverboat 26 gambling operations. 27 If an eligible owners licensee does not elect to obtain 28 some or all of the additional gaming positions authorized to 29 it under this Section, all other eligible licensees may 30 divide those positions equally. 31 Eligible licensees that receive additional gaming 32 positions pursuant to this Section may use those positions 33 for a period of at least one year. -9- LRB9215655LDtmam 1 As soon as the one-year period is over or as soon as an 2 owners licensee whose gaming positions have been reallocated 3 pursuant to this Section begins conducting riverboat gambling 4 operations from a home dock location that is different from 5 the home dock location from which it conducted riverboat 6 gambling operations on the effective date of this amendatory 7 Act of the 92nd General Assembly, whichever is later, but in 8 no event later than 18 months after the effective date of 9 this amendatory Act of the 92nd General Assembly, those 10 reallocated gaming positions shall be automatically reclaimed 11 by the owners licensee that was originally entitled to them. 12 At any time after the one-year period is over, if an 13 owners licensee whose gaming positions were reallocated under 14 this Section has not relocated its riverboat gambling 15 operations to a new home dock location, it may reclaim some 16 or all of those gaming positions by notifying all eligible 17 licensees in writing. If a licensee reclaims less than all 18 of its reallocated gaming positions, all eligible licensees 19 that received those positions shall return them on a pro rata 20 basis. If a licensee reclaims some but less than all of its 21 gaming positions, it may later reclaim any portion of the 22 remainder of those positions. 23 An eligible licensee that receives a reallocation of 24 gaming positions under this Section shall no longer use those 25 positions after they have been reclaimed. 26 For purposes of this Section 11.4, the term "eligible 27 licensee" means an owners license that was in the top 4 in 28 adjusted gross receipts in calendar year 2001 as determined 29 by the Board. 30 (230 ILCS 10/13.2 new) 31 Sec. 13.2. Supplemental wagering tax. 32 (a) Beginning on July 1, 2002 and ending as provided in 33 subsection (d) but in no event later than 18 months after the -10- LRB9215655LDtmam 1 effective date of this amendatory Act of the 92nd General 2 Assembly, a privilege tax is imposed on persons engaged in 3 the business of conducting riverboat gambling operations, 4 based on the adjusted gross receipts received by a licensed 5 owner from gambling games authorized under this Act, at the 6 rate of 10% of annual adjusted gross receipts in excess of 7 $200,000,000. For the purpose of determining annual adjusted 8 gross receipts in calendar year 2002, annual adjusted gross 9 receipts shall be measured beginning January 1, 2002. In a 10 subsequent year, annual adjusted gross receipts shall be 11 measured beginning on January 1 of that year. The tax imposed 12 pursuant to this Section is in addition to any other tax 13 imposed pursuant to this Act. 14 (b) The taxes imposed by this Section shall be paid by 15 the licensed owner to the Board no later than 3:00 o'clock 16 p.m. of the day after the day when the wagers were made. The 17 Board shall pay all moneys received pursuant to this Section 18 into the Education Assistance Fund at least monthly. 19 (c) To the extent practicable, the Board shall 20 administer and collect the wagering taxes imposed by this 21 Section in a manner consistent with the provisions of 22 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 23 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and 24 Section 3-7 of the Uniform Penalty and Interest Act. 25 (d) The provisions of this Section shall be inoperative 26 and of no force and effect beginning on the first date after 27 the effective date of this amendatory Act that riverboat 28 gambling operations are conducted pursuant to a dormant 29 license, but in no event later than 18 months after the 30 effective date of this amendatory Act of the 92nd General 31 Assembly. 32 (e) For the purposes of this Section 13.2, the term 33 "dormant license" means an owners license that is authorized 34 by this Act under which no riverboat gambling operations are -11- LRB9215655LDtmam 1 being conducted on the effective date of this amendatory Act 2 of the 92nd General Assembly. 3 Section 10. "An Act in relation to gambling, amending 4 named Acts", approved June 25, 1999, Public Act 91-40, is 5 amended by changing Section 30 as follows: 6 (P.A. 91-40, Sec. 30) 7 Sec. 30. Severability. If any provision of this Act 8 (Public Act 91-40) or the application thereof to any person 9 or circumstance is held invalid, that invalidity does not 10 affect the other provisions or applications of the Act which 11 can be given effect without the invalid application or 12 provision, and to this end the provisions of this Act are 13 severable. This severability applies without regard to 14 whether the action challenging the validity was brought 15 before the effective date of this amendatory Act of the 92nd 16 General Assembly. 17Inseverability. The provisions of this Act are mutually18dependent and inseverable. If any provision is held invalid19other than as applied to a particular person or circumstance,20then this entire Act is invalid.21 (Source: P.A. 91-40, eff. 6-25-99.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.".