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92_SB2318 LRB9216132EGfg 1 AN ACT in relation to gambling. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Riverboat Gambling Act is amended by 5 changing Sections 2, 3, 6, 7, 11, and 13 as follows: 6 (230 ILCS 10/2) (from Ch. 120, par. 2402) 7 Sec. 2. Legislative Intent. 8 (a) This Act is intended to benefit the people of the 9 State of Illinois by assisting economic development and 10 promoting Illinois tourism. 11 (b) While authorization of riverboat gambling will 12 enhance investment, development and tourism in Illinois, it 13 is recognized that it will do so successfully only if public 14 confidence and trust in the credibility and integrity of the 15 gambling operations and the regulatory process is maintained. 16 Therefore, regulatory provisions of this Act are designed to 17 strictly regulate the facilities, persons, associations and 18 practices related to gambling operations pursuant to the 19 police powers of the State, including comprehensive law 20 enforcement supervision. 21 (c) The Illinois Gaming Board established under this Act 22 should, as soon as possible, inform each applicant for an 23 owners license of the Board's intent to grant or deny a 24 license. 25 (d) The purpose of competitive bidding for owners 26 licenses is to maximize the revenue paid to this State and 27 units of local government. 28 (Source: P.A. 86-1029.) 29 (230 ILCS 10/3) (from Ch. 120, par. 2403) 30 Sec. 3. Riverboat Gambling Authorized. -2- LRB9216132EGfg 1 (a) Riverboat gambling operations and the system of 2 wagering incorporated therein, as defined in this Act, are 3 hereby authorized to the extent that they are carried out in 4 accordance with the provisions of this Act. 5 (b) This Act does not apply to the pari-mutuel system of 6 wagering used or intended to be used in connection with the 7 horse-race meetings as authorized under the Illinois Horse 8 Racing Act of 1975, lottery games authorized under the 9 Illinois Lottery Law, bingo authorized under the Bingo 10 License and Tax Act, charitable games authorized under the 11 Charitable Games Act or pull tabs and jar games conducted 12 under the Illinois Pull Tabs and Jar Games Act. 13 (c) Riverboat gambling conducted pursuant to this Act 14 may be authorized upon any water within the State of Illinois 15 or any waterother than Lake Michiganwhich constitutes a 16 boundary of the State of Illinois. A licensee may conduct 17 riverboat gambling authorized under this Act regardless of 18 whether it conducts excursion cruises. A licensee may permit 19 the continuous ingress and egress of passengers for the 20 purpose of gambling. 21 (Source: P.A. 91-40, eff. 6-25-99.) 22 (230 ILCS 10/6) (from Ch. 120, par. 2406) 23 Sec. 6. Application for Owners License. 24 (a) A qualified person may apply to the Board for an 25 owners license to conduct a riverboat gambling operation as 26 provided in this Act. The application shall be made on forms 27 provided by the Board and shall contain such information as 28 the Board prescribes, including but not limited to the 29 identity of the riverboat on which such gambling operation is 30 to be conducted and the exact location where such riverboat 31 will be docked, a certification that the riverboat will be 32 registered under this Act at all times during which gambling 33 operations are conducted on board, detailed information -3- LRB9216132EGfg 1 regarding the ownership and management of the applicant, and 2 detailed personal information regarding the applicant. 3 Information provided on the application shall be used as a 4 basis for a thorough background investigation which the Board 5 shall conduct with respect to each applicant. An incomplete 6 application shall be cause for denial of a license by the 7 Board. 8 (b) Applicants shall submit with their application all 9 documents, resolutions, and letters of support from the 10 governing body that represents the municipality or county 11 wherein the licensee will dock. 12 (c) Each applicant shall disclose the identity of every 13 person, association, trust or corporation having a greater 14 than 1% direct or indirect pecuniary interest in the 15 riverboat gambling operation with respect to which the 16 license is sought. If the disclosed entity is a trust, the 17 application shall disclose the names and addresses of the 18 beneficiaries; if a corporation, the names and addresses of 19 all stockholders and directors; if a partnership, the names 20 and addresses of all partners, both general and limited. 21 (d) An application shall be filed with the Board by 22 January 1 of the year preceding any calendar year for which 23 an applicant seeks an owners license; however, applications 24 for an owners license permitting operations on January 1, 25 1991 shall be filed by July 1, 1990 and applications for 26 licenses authorized under this amendatory Act of the 92nd 27 General Assembly shall be filed by deadlines established by 28 the Board. In the case of an owners license to be awarded 29 through the competitive bidding process, the Board shall 30 solicit applications by publishing an advertisement at least 31 3 times, the first and last of which publications shall be at 32 least 10 days apart, in trade publications, business 33 newspapers such as the Wall Street Journal, and the 34 newspapers that are in the top 10 in circulation in Illinois. -4- LRB9216132EGfg 1 The advertisement shall state the procedure for applying for 2 an owners license and shall state the deadline for 3 applications. The Board shall also notify all parties who 4 have ever applied for an owners license under this Act. An 5 application fee of $50,000 shall be paid at the time of 6 filing to defray the costs associated with the background 7 investigation conducted by the Board. If the costs of the 8 investigation exceed $50,000, the applicant shall pay the 9 additional amount to the Board. If the costs of the 10 investigation are less than $50,000, the applicant shall 11 receive a refund of the remaining amount. All information, 12 records, interviews, reports, statements, memoranda or other 13 data supplied to or used by the Board in the course of its 14 review or investigation of an application for a license under 15 this Act shall be privileged, strictly confidential and shall 16 be used only for the purpose of evaluating an applicant. 17 Such information, records, interviews, reports, statements, 18 memoranda or other data shall not be admissible as evidence, 19 nor discoverable in any action of any kind in any court or 20 before any tribunal, board, agency or person, except for any 21 action deemed necessary by the Board. 22 (e) The Board shall charge each applicant a fee set by 23 the Department of State Police to defray the costs associated 24 with the search and classification of fingerprints obtained 25 by the Board with respect to the applicant's application. 26 These fees shall be paid into the State Police Services Fund. 27 (f) The licensed owner shall be the person primarily 28 responsible for the boat itself. Only one riverboat gambling 29 operation may be authorized by the Board on any riverboat. 30 The applicant must identify each riverboat it intends to use 31 and certify that the riverboat: (1) has the authorized 32 capacity required in this Act; (2) is accessible to disabled 33 persons; and (3) is fully registered and licensed in 34 accordance with any applicable laws. -5- LRB9216132EGfg 1 (g) A person who knowingly makes a false statement on an 2 application is guilty of a Class A misdemeanor. 3 (Source: P.A. 91-40, eff. 6-25-99.) 4 (230 ILCS 10/7) (from Ch. 120, par. 2407) 5 Sec. 7. Owners Licenses. 6 (a) The Board shall, upon completion of the 7 investigation required under Section 6, make a determination 8 as to whether each applicant for an owners license is 9 suitable for licensingissue owners licenses to persons,10firms or corporations which apply for such licenses upon11payment to the Board of the non-refundable license fee set by12the Board, upon payment of a $25,000 license fee for the13first year of operation and a $5,000 license fee for each14succeeding year and upon a determination by the Board that15the applicant is eligible for an owners licensepursuant to 16 this Act and the rules of the Board. A person, firm or 17 corporation is ineligible to receive an owners license if: 18 (1) the person has been convicted of a felony under 19 the laws of this State, any other state, or the United 20 States; 21 (2) the person has been convicted of any violation 22 of Article 28 of the Criminal Code of 1961, or 23 substantially similar laws of any other jurisdiction; 24 (3) the person has submitted an application for a 25 license under this Act which contains false information; 26 (4) the person is a member of the Board; 27 (5) a person defined in (1), (2), (3) or (4) is an 28 officer, director or managerial employee of the firm or 29 corporation; 30 (6) the firm or corporation employs a person 31 defined in (1), (2), (3) or (4) who participates in the 32 management or operation of gambling operations authorized 33 under this Act; -6- LRB9216132EGfg 1 (7) (blank); or 2 (8) a license of the person, firm or corporation 3 issued under this Act, or a license to own or operate 4 gambling facilities in any other jurisdiction, has been 5 revoked. 6 (b) In determining the suitability ofwhether to grant7an owners license toan applicant for an owners license, the 8 Board shall consider: 9 (1) the character, reputation, experience and 10 financial integrity of the applicants and of any other or 11 separate person that either: 12 (A) controls, directly or indirectly, such 13 applicant, or 14 (B) is controlled, directly or indirectly, by 15 such applicant or by a person which controls, 16 directly or indirectly, such applicant; 17 (2) the facilities or proposed facilities for the 18 conduct of riverboat gambling; 19 (3) the highest prospective total revenue to be 20 derived by the State from the conduct of riverboat 21 gambling; 22 (4) the good faith affirmative action plan of each 23 applicant to recruit, train and upgrade minorities in all 24 employment classifications; 25 (5) the financial ability of the applicant to 26 purchase and maintain adequate liability and casualty 27 insurance; 28 (6) whether the applicant has adequate 29 capitalization to provide and maintain, for the duration 30 of a license, a riverboat; and 31 (7) the extent to which the applicant exceeds or 32 meets other standards for the issuance of an owners 33 license which the Board may adopt by rule. 34 (c) (Blank).Each owners license shall specify the place-7- LRB9216132EGfg 1where riverboats shall operate and dock.2 (d) Each applicant shall submit with his application, on 3 forms provided by the Board, 2 sets of his fingerprints. 4 (e) The Board may issue up to 10 licenses authorizing 5 the holders of such licenses to own riverboats. In the 6 application for an owners license, the applicant shall state 7 the dock at which the riverboat is based and the water on 8 which the riverboat will be located. 9 (e-1) For the purpose of awarding licenses under this 10 Section, the Board shall divide the State into 3 zones. Zone 11 1 shall be comprised of a county with a population of more 12 than 3,000,000, zone 2 shall be comprised of the counties 13 that are contiguous to a county with a population of more 14 than 3,000,000, and zone 3 shall be comprised of the rest of 15 the State. 16 (e-2) After the Board makes its determination as to the 17 suitability of applicants for a license, the Board shall 18 notify each applicant of its determination, and the Board 19 shall notify the applicants found to be suitable that they 20 may bid for the license. Bids shall be expressed as a 21 percentage of adjusted gross receipts to be paid into the 22 State Gaming Fund, in addition to the wagering tax required 23 to be paid under Section 13, during the period of the 24 license. Licenses shall be awarded to the highest bidders, 25 with at least 3 licenses being awarded in each zone. No more 26 than 2 licenses shall be awarded within the same county in 27 zones 2 and 3. The Board shall include time limits and any 28 appropriate bid specifications. The Board shall award the 29 license to the applicant whose application and bid, in the 30 opinion of the Board, shall result in the greatest amount of 31 revenue, in the form of wagering tax and the additional 32 payments in accordance with the bid, for the duration of the 33 license. Notwithstanding the other provisions of this 34 Section, the Board may reject any bid. The Board shall notify -8- LRB9216132EGfg 1 each applicant of its final decision, and shall publicly 2 disclose the amount of the winning bid. The amounts paid by 3 a successful applicant in addition to the wagering tax under 4 the terms of its bid shall be paid and distributed in 5 accordance with subsection (b-1) of Section 13. 6 (e-3) The Board shall issue a temporary license to any 7 licensee who loses his license under the competitive bidding 8 process established in this Section. The temporary license 9 shall be effective until the winning bidder for that license 10 begins riverboat gambling operations. 11 (e-4) An applicant whose bid is selected under 12 subsection (e-2) shall be awarded a license upon payment to 13 the Board of a $25,000 license fee for the first year of 14 operation and a $5,000 license fee for each succeeding year. 15 Each license awarded under subsection (e-2) shall be issued 16 for a 10-year period. 17 (e-5) Each owners license shall specify the place where 18 riverboats shall operate and dock. 19 (e-6) The Board may not issue a license to an applicant 20 for a license to conduct riverboat gambling unless, in 21 accordance with subsection (j), riverboat gambling has been 22 approved by the governing body of the appropriate unit of 23 local government and a referendum, if required under 24 subsection (j), has been held at which the electors have 25 approved the docking of riverboats.The Board shall issue 526licenses to become effective not earlier than January 1,271991. Three of such licenses shall authorize riverboat28gambling on the Mississippi River, one of which shall29authorize riverboat gambling from a home dock in the city of30East St. Louis. One other license shall authorize riverboat31gambling on the Illinois River south of Marshall County. The32Board shall issue 1 additional license to become effective33not earlier than March 1, 1992, which shall authorize34riverboat gambling on the Des Plaines River in Will County.-9- LRB9216132EGfg 1The Board may issue 4 additional licenses to become effective2not earlier than March 1, 1992. In determining the water3upon which riverboats will operate, the Board shall consider4the economic benefit which riverboat gambling confers on the5State, and shall seek to assure that all regions of the State6share in the economic benefits of riverboat gambling.7In granting all licenses, the Board may give favorable8consideration to economically depressed areas of the State,9to applicants presenting plans which provide for significant10economic development over a large geographic area, and to11applicants who currently operate non-gambling riverboats in12Illinois. The Board shall review all applications for owners13licenses, and shall inform each applicant of the Board's14decision.15 The Board may revoke the owners license of a licensee 16 which fails to begin conducting gambling within 15 months of 17 receipt of the Board's approval of the application if the 18 Board determines that license revocation is in the best 19 interests of the State. 20 (f)The first 10 ownersLicenses issued under this Act 21 shall permit the holder to own up to 2 riverboats and 22 equipment thereon. A license issued before the effective date 23 of this amendatory Act of the 92nd General Assembly shall be 24 valid for a period of 3 years after the effective date of the 25 license. 26 (f-1) Holders ofthe first 10owners licenses issued 27 under this Section must pay the annual license fee for each 28 yearof the 3 yearsduring which they are authorized to own 29 riverboats. 30 (g) Upon the termination, expiration, or revocation of 31 each of thefirst 10licenses issued before the effective 32 date of this amendatory Act of the 92nd General Assembly, 33 each license shall be awarded for a 10-year period through 34 the competitive bidding process in accordance with subsection -10- LRB9216132EGfg 1 (e-2). Upon the termination, expiration, or revocation of a 2 license awarded for a 10-year period, the license shall be 3 awarded for a 10-year period through the competitive bidding 4 process in accordance with subsection (e-2). 5 (g-1) Any agreement or collusion among bidders or 6 prospective bidders for owners licenses in restraint of 7 freedom of competition by agreement to bid a fixed price or 8 by any other method shall render the bids of the bidders 9 void. Each bidder for an owners license shall accompany his 10 or her bid with a sworn statement, or otherwise swear or 11 affirm, that he or she has not been a party to any such 12 agreement or collusion. A bidder found to have participated 13 in a collusive agreement under this Section shall be 14 prevented from ever owning a license to conduct riverboat 15 gambling.which shall be issued for a 3 year period, all16licenses are renewable annually upon payment of the fee and a17determination by the Board that the licensee continues to18meet all of the requirements of this Act and the Board's19rules. However, for licenses renewed on or after May 1,201998, renewal shall be for a period of 4 years, unless the21Board sets a shorter period.22 (h) An owners license shall entitle the licensee to own 23 up to 2 riverboats. A licensee shall limit the number of 24 gambling participants to 1,200 for any such owners license. A 25 licensee may operate both of its riverboats concurrently, 26 provided that the total number of gambling participants on 27 both riverboats does not exceed 1,200. Riverboats licensed to 28 operate on the Mississippi River and the Illinois River south 29 of Marshall County shall have an authorized capacity of at 30 least 500 persons. Any other riverboat licensed under this 31 Act shall have an authorized capacity of at least 400 32 persons. 33 (i) A licensed owner is authorized to apply to the Board 34 for and, if approved therefor, to receive all licenses from -11- LRB9216132EGfg 1 the Board necessary for the operation of a riverboat, 2 including a liquor license, a license to prepare and serve 3 food for human consumption, and other necessary licenses. 4 All use, occupation and excise taxes which apply to the sale 5 of food and beverages in this State and all taxes imposed on 6 the sale or use of tangible personal property apply to such 7 sales aboard the riverboat. 8 (j) The Board may issue a license authorizing a 9 riverboat to dock in a municipalityor approve a relocation10under Section 11.2only if, prior to the issuance of the 11 license: 12 (1) a petition is filed in accordance with Article 13 28 of the Election Code seeking submission of the 14 question "Shall riverboat gambling be permitted in (name 15 of municipality)?" to the electors of the municipality, 16 the question is submitted to the electors of the 17 municipality in accordance with Article 28 of the 18 Election Code, and the question is approved by a majority 19 of the electors voting on the question in the election at 20 which the question is submitted, except as follows: 21 (A) If the docking of gambling riverboats is 22 sought in a municipality at a location that is 23 within zone 1, the question under this item (1) 24 shall name the township (rather than the 25 municipality) in which the docking of gambling 26 riverboats is sought to be permitted and the 27 question must be submitted to and approved by a 28 majority of the electors of the township (rather 29 than the municipality) in which the docking of 30 gambling riverboats is sought to be permitted. 31 (B) A referendum under this item (1) is not 32 required in the case of a license authorizing a 33 riverboat to dock in a municipality with more than 34 1,000,000 inhabitants. -12- LRB9216132EGfg 1 (2) in the case of any license issued under this 2 Act,or approval, the governing body of the municipality 3 in which the riverboat will dock has by a majority vote 4 approved the docking of riverboats in the municipality. 5 The Board may issue a license authorizing a riverboat to 6 dock in areas of a county outside any municipalityor approve7a relocation under Section 11.2only if, prior to the 8 issuance of the license: 9 (i) a petition is filed in accordance with Article 10 28 of the Election Code seeking submission of the 11 question "Shall riverboat gambling be permitted in (name 12 of county)?" to the electors of the county, the question 13 is submitted to the electors of the county in accordance 14 with Article 28 of the Election Code, and the question is 15 approved by a majority of the electors voting on the 16 question in the election at which the question is 17 submitted; however, in the case of a license authorizing 18 a riverboat to dock in an unincorporated area of a county 19 that is divided into townships, the question under this 20 item (i) must name the township (rather than the county) 21 in which the docking of gambling riverboats is sought to 22 be permitted and the question must be submitted to and 23 approved by a majority of the electors of the township 24 (rather than the county) in which the docking of gambling 25 riverboats is sought to be permitted; and 26 (ii) in the case of any license issued under this 27 Actor approval, the governing body of the county has by 28 a majority vote approved of the docking of riverboats 29 within such areas. 30 (Source: P.A. 91-40, eff. 6-25-99.) 31 (230 ILCS 10/11) (from Ch. 120, par. 2411) 32 Sec. 11. Conduct of gambling. Gambling may be conducted 33 by licensed owners aboard riverboats, subject to the -13- LRB9216132EGfg 1 following standards: 2 (1) A licensee may conduct riverboat gambling 3 authorized under this Act regardless of whether it 4 conducts excursion cruises. A licensee may permit the 5 continuous ingress and egress of passengers for the 6 purpose of gambling. 7 (2) (Blank). 8 (3) Minimum and maximum wagers on games shall be 9 set by the licensee. 10 (4) Agents of the Board and the Department of State 11 Police may board and inspect any riverboat at any time 12 for the purpose of determining whether this Act is being 13 complied with. Every riverboat, if under way and being 14 hailed by a law enforcement officer or agent of the 15 Board, must stop immediately and lay to. Holders of 16 licenses to conduct riverboat gambling shall pay the 17 State Police the actual cost of inspection under this 18 Section. 19 (5) Employees of the Board shall have the right to 20 be present on the riverboat or on adjacent facilities 21 under the control of the licensee. 22 (6) Gambling equipment and supplies customarily 23 used in conducting riverboat gambling must be purchased 24 or leased only from suppliers licensed for such purpose 25 under this Act. 26 (7) Persons licensed under this Act shall permit no 27 form of wagering on gambling games except as permitted by 28 this Act. 29 (8) Wagers may be received only from a person 30 present on a licensed riverboat. No person present on a 31 licensed riverboat shall place or attempt to place a 32 wager on behalf of another person who is not present on 33 the riverboat. 34 (9) Wagering shall not be conducted with money or -14- LRB9216132EGfg 1 other negotiable currency. 2 (10) A person under age 21 shall not be permitted 3 on an area of a riverboat where gambling is being 4 conducted, except for a person at least 18 years of age 5 who is an employee of the riverboat gambling operation. 6 No employee under age 21 shall perform any function 7 involved in gambling by the patrons. No person under age 8 21 shall be permitted to make a wager under this Act. 9 (11) Gambling excursion cruises are permitted only 10 when the waterway for which the riverboat is licensed is 11 navigable, as determined by the Board in consultation 12 with the U.S. Army Corps of Engineers. This paragraph 13 (11) does not limit the ability of a licensee to conduct 14 gambling authorized under this Act when gambling 15 excursion cruises are not permitted. 16 (12) All tokens, chips or electronic cards used to 17 make wagers must be purchased from a licensed owner 18 either aboard a riverboat or at an onshore facility which 19 has been approved by the Board and which is located where 20 the riverboat docks. The tokens, chips or electronic 21 cards may be purchased by means of an agreement under 22 which the owner extends credit to the patron. Such 23 tokens, chips or electronic cards may be used while 24 aboard the riverboat only for the purpose of making 25 wagers on gambling games. 26 (13) Notwithstanding any other Section of this Act, 27 in addition to the other licenses authorized under this 28 Act, the Board may issue special event licenses allowing 29 persons who are not otherwise licensed to conduct 30 riverboat gambling to conduct such gambling on a 31 specified date or series of dates. Riverboat gambling 32 under such a license may take place on a riverboat not 33 normally used for riverboat gambling. The Board shall 34 establish standards, fees and fines for, and limitations -15- LRB9216132EGfg 1 upon, such licenses, which may differ from the standards, 2 fees, fines and limitations otherwise applicable under 3 this Act. All such fees shall be deposited into the 4 State Gaming Fund. All such fines shall be deposited 5 into the Education Assistance Fund, created by Public Act 6 86-0018, of the State of Illinois. 7 (14) In addition to the above, gambling must be 8 conducted in accordance with all rules adopted by the 9 Board. 10 (Source: P.A. 91-40, eff. 6-25-99.) 11 (230 ILCS 10/13) (from Ch. 120, par. 2413) 12 Sec. 13. Wagering tax; rate; distribution. 13 (a) Until January 1, 1998, a tax is imposed on the 14 adjusted gross receipts received from gambling games 15 authorized under this Act at the rate of 20%. 16 Beginning January 1, 1998, a privilege tax is imposed on 17 persons engaged in the business of conducting riverboat 18 gambling operations, based on the adjusted gross receipts 19 received by a licensed owner from gambling games authorized 20 under this Act at the following rates: 21 15% of annual adjusted gross receipts up to and 22 including $25,000,000; 23 20% of annual adjusted gross receipts in excess of 24 $25,000,000 but not exceeding $50,000,000; 25 25% of annual adjusted gross receipts in excess of 26 $50,000,000 but not exceeding $75,000,000; 27 30% of annual adjusted gross receipts in excess of 28 $75,000,000 but not exceeding $100,000,000; 29 35% of annual adjusted gross receipts in excess of 30 $100,000,000. 31 The taxes imposed by this Section shall be paid by the 32 licensed owner to the Board not later than 3:00 o'clock p.m. 33 of the day after the day when the wagers were made. -16- LRB9216132EGfg 1 (b) Until January 1, 1998, 25% of the tax revenue 2 deposited in the State Gaming Fund under this Section shall 3 be paid, subject to appropriation by the General Assembly, to 4 the unit of local government which is designated as the home 5 dock of the riverboat. Beginning January 1, 1998, from the 6 tax revenue deposited in the State Gaming Fund under this 7 Section, an amount equal to 5% of adjusted gross receipts 8 generated by a riverboat shall be paid monthly, subject to 9 appropriation by the General Assembly, to the unit of local 10 government that is designated as the home dock of the 11 riverboat. 12 (b-1) In addition to the tax payable under this Section, 13 a licensed owner shall pay to the Board a percentage of its 14 adjusted gross receipts equal to its bid under Section 7 in 15 the same manner as taxes are paid under subsection (a). 16 Payments made under this subsection (b-1) shall be 17 distributed as follows: 18 (i) Twenty-five percent shall be paid, subject to 19 appropriation, to the unit of local government that is 20 designated as the home dock of the riverboat. 21 (ii) Seventy-five percent shall be paid into the 22 General Revenue Fund. 23 (c) Appropriations, as approved by the General Assembly, 24 may be made from the State Gaming Fund to the Department of 25 Revenue and the Department of State Police for the 26 administration and enforcement of this Act. 27(c-5) After the payments required under subsections (b)28and (c) have been made, an amount equal to 15% of the29adjusted gross receipts of a riverboat (1) that relocates30pursuant to Section 11.2, or (2) for which an owners license31is initially issued after the effective date of this32amendatory Act of 1999, whichever comes first, shall be paid33from the State Gaming Fund into the Horse Racing Equity Fund.34(c-10) Each year the General Assembly shall appropriate-17- LRB9216132EGfg 1from the General Revenue Fund to the Education Assistance2Fund an amount equal to the amount paid into the Horse Racing3Equity Fund pursuant to subsection (c-5) in the prior4calendar year.5(c-15) After the payments required under subsections6(b), (c), and (c-5) have been made, an amount equal to 2% of7the adjusted gross receipts of a riverboat (1) that relocates8pursuant to Section 11.2, or (2) for which an owners license9is initially issued after the effective date of this10amendatory Act of 1999, whichever comes first, shall be paid,11subject to appropriation from the General Assembly, from the12State Gaming Fund to each home rule county with a population13of over 3,000,000 inhabitants for the purpose of enhancing14the county's criminal justice system.15(c-20) Each year the General Assembly shall appropriate16from the General Revenue Fund to the Education Assistance17Fund an amount equal to the amount paid to each home rule18county with a population of over 3,000,000 inhabitants19pursuant to subsection (c-15) in the prior calendar year.20(c-25) After the payments required under subsections21(b), (c), (c-5) and (c-15) have been made, an amount equal to222% of the adjusted gross receipts of a riverboat (1) that23relocates pursuant to Section 11.2, or (2) for which an24owners license is initially issued after the effective date25of this amendatory Act of 1999, whichever comes first, shall26be paid from the State Gaming Fund into the State27Universities Athletic Capital Improvement Fund.28 (d) From time to time, the Board shall transfer the 29 remainder of the funds generated by this Act into the 30 Education Assistance Fund, created by Public Act 86-0018, of 31 the State of Illinois. 32 (e) Nothing in this Act shall prohibit the unit of local 33 government designated as the home dock of the riverboat from 34 entering into agreements with other units of local government -18- LRB9216132EGfg 1 in this State or in other states to share its portion of the 2 tax revenue. 3 (f) To the extent practicable, the Board shall 4 administer and collect the wagering taxes imposed by this 5 Section in a manner consistent with the provisions of 6 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 7 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and 8 Section 3-7 of the Uniform Penalty and Interest Act. 9 (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.) 10 (230 ILCS 10/11.2 rep.) 11 Section 10. The Riverboat Gambling Act is amended by 12 repealing Section 11.2. 13 (230 ILCS 5/54 rep.) 14 Section 15. The Illinois Horse Racing Act of 1975 is 15 amended by repealing Section 54. 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.