93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4601

 

Introduced 02/04/04, by Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 10/7   from Ch. 120, par. 2407
230 ILCS 10/13   from Ch. 120, par. 2413
30 ILCS 105/5.625 new

    Amends the Riverboat Gambling Act. Decreases the wagering tax that is set to take effect beginning on the earliest of (i) July 1, 2005; (ii) the first date after June 20, 2003 that riverboat gambling operations are conducted pursuant to a dormant owners license, or (iii) the first date that riverboat gambling operations are conducted under the authority of an owners license that is in addition to the 10 owners licenses initially authorized under the Act. Authorizes the issuance of 2 owners licenses that are in addition to the 10 licenses currently authorized under the Act. Provides that one of the new licenses shall authorize riverboat gambling from a home dock in a municipality with a population of at least 500,000 inhabitants and shall be issued to the governing body of that municipality. Provides that the municipality shall conduct an auction and grant the authority to operate riverboat gambling operations to the highest bidder. Provides that the other new licensee shall operate from a home dock in a specified portion of suburban Cook County. Increases the number of participants a licensee may admit from 1,200 to 2,000. Provides that the Gaming Board shall determine the number of persons that may be admitted into the facilities of the licensee authorized to operate from a home dock located in a municipality with at least 500,000 inhabitants, up to a limit of 4,000. Provides for a specialized revenue distribution for the riverboats that dock in suburban Cook County. Deletes provisions that pay moneys from the State Gaming Fund to the Horse Racing Equity Fund. Amends the State Finance Act to create the South Suburban Assistance Fund. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4601 LRB093 14683 LRD 46631 b

1     AN ACT concerning 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 7 and 13 as follows:
 
6     (230 ILCS 10/7)  (from Ch. 120, par. 2407)
7     Sec. 7. Owners Licenses.
8     (a) The Board shall issue owners licenses to persons, firms
9 or corporations which apply for such licenses upon payment to
10 the Board of the non-refundable license fee set by the Board,
11 upon payment of a $25,000 license fee for the first year of
12 operation and a $5,000 license fee for each succeeding year and
13 upon a determination by the Board that the applicant is
14 eligible for an owners license pursuant to this Act and the
15 rules of the Board. A person, firm or corporation is ineligible
16 to receive an owners license if:
17         (1) the person has been convicted of a felony under the
18     laws of this State, any other state, or the United States;
19         (2) the person has been convicted of any violation of
20     Article 28 of the Criminal Code of 1961, or substantially
21     similar laws of any other jurisdiction;
22         (3) the person has submitted an application for a
23     license under this Act which contains false information;
24         (4) the person is a member of the Board;
25         (5) a person defined in (1), (2), (3) or (4) is an
26     officer, director or managerial employee of the firm or
27     corporation;
28         (6) the firm or corporation employs a person defined in
29     (1), (2), (3) or (4) who participates in the management or
30     operation of gambling operations authorized under this
31     Act;
32         (7) (blank); or

 

 

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1         (8) a license of the person, firm or corporation issued
2     under this Act, or a license to own or operate gambling
3     facilities in any other jurisdiction, has been revoked.
4     (b) In determining whether to grant an owners license to an
5 applicant, the Board shall consider:
6         (1) the character, reputation, experience and
7     financial integrity of the applicants and of any other or
8     separate person that either:
9             (A) controls, directly or indirectly, such
10         applicant, or
11             (B) is controlled, directly or indirectly, by such
12         applicant or by a person which controls, directly or
13         indirectly, such applicant;
14         (2) the facilities or proposed facilities for the
15     conduct of riverboat gambling;
16         (3) the highest prospective total revenue to be derived
17     by the State from the conduct of riverboat gambling;
18         (4) the extent to which the ownership of the applicant
19     reflects the diversity of the State by including minority
20     persons and females and the good faith affirmative action
21     plan of each applicant to recruit, train and upgrade
22     minority persons and females in all employment
23     classifications;
24         (5) the financial ability of the applicant to purchase
25     and maintain adequate liability and casualty insurance;
26         (6) whether the applicant has adequate capitalization
27     to provide and maintain, for the duration of a license, a
28     riverboat;
29         (7) the extent to which the applicant exceeds or meets
30     other standards for the issuance of an owners license which
31     the Board may adopt by rule; and
32         (8) The amount of the applicant's license bid.
33     (c) Each owners license shall specify the place where
34 riverboats shall operate and dock.
35     (d) Each applicant shall submit with his application, on
36 forms provided by the Board, 2 sets of his fingerprints.

 

 

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1     (e) In addition to any licenses authorized under
2 subsections (e-5) and (e-10), The Board may issue up to 10
3 licenses authorizing the holders of such licenses to own
4 riverboats. In the application for an owners license, the
5 applicant shall state the dock at which the riverboat is based
6 and the water on which the riverboat will be located. The Board
7 shall issue 5 licenses to become effective not earlier than
8 January 1, 1991. Three of such licenses shall authorize
9 riverboat gambling on the Mississippi River, or, with approval
10 by the municipality in which the riverboat is docked on August
11 7, 2003, the effective date of this amendatory Act of the 93rd
12 Assembly, in a municipality that (1) borders on the Mississippi
13 River or is within 5 miles of the city limits of a municipality
14 that borders on the Mississippi River and (2), on August 7,
15 2003, the effective date of this amendatory Act of the 93rd
16 General Assembly, has a riverboat conducting riverboat
17 gambling operations pursuant to a license issued under this
18 Act;, one of which shall authorize riverboat gambling from a
19 home dock in the city of East St. Louis. One other license
20 shall authorize riverboat gambling on the Illinois River south
21 of Marshall County. The Board shall issue one additional
22 license to become effective not earlier than March 1, 1992,
23 which shall authorize riverboat gambling on the Des Plaines
24 River in Will County. The Board may issue 4 additional licenses
25 to become effective not earlier than March 1, 1992. In
26 determining the water upon which riverboats will operate, the
27 Board shall consider the economic benefit which riverboat
28 gambling confers on the State, and shall seek to assure that
29 all regions of the State share in the economic benefits of
30 riverboat gambling.
31     In granting all licenses, the Board may give favorable
32 consideration to economically depressed areas of the State, to
33 applicants presenting plans which provide for significant
34 economic development over a large geographic area, and to
35 applicants who currently operate non-gambling riverboats in
36 Illinois. The Board shall review all applications for owners

 

 

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1 licenses, and shall inform each applicant of the Board's
2 decision. Except for a license issued under subsection (e-5),
3 The Board may grant an owners license to an applicant that has
4 not submitted the highest license bid, but if it does not
5 select the highest bidder, the Board shall issue a written
6 decision explaining why another applicant was selected and
7 identifying the factors set forth in this Section that favored
8 the winning bidder.
9     (e-5) In addition to licenses authorized under subsections
10 (e) and (e-10), the Board may issue one owners license
11 authorizing the conduct of riverboat gambling operations from a
12 home dock in a municipality with a population of more than
13 500,000 inhabitants. An owners license issued under this
14 subsection (e-5) shall be issued only to the governing board of
15 the municipality in which its home dock is located. No such
16 license may be awarded to any other person or entity. If a
17 license is issued to the governing board of a municipality
18 pursuant to this subsection (e-5), that governing board shall
19 conduct an auction and grant the opportunity to manage the
20 riverboat gambling operations authorized by that license to the
21 highest qualified bidder.
22     (e-10) In addition to licenses authorized under
23 subsections (e) and (e-5), the Board may issue one owners
24 license authorizing the conduct of riverboat gambling
25 operations from a home dock located outside of the City of
26 Chicago, but in Cook County and in one of the following
27 townships: Bloom, Thornton, Rich, Orland, Calumet, Worth,
28 Palos, Bremen, or Lemont Township.
29     (e-15) In addition to any other revocation powers granted
30 to the Board under this Act, the Board may revoke the owners
31 license of a licensee which fails to begin conducting gambling
32 within 15 months of receipt of the Board's approval of the
33 application if the Board determines that license revocation is
34 in the best interests of the State.
35     (f) The first 10 owners licenses issued under this Act
36 shall permit the holder to own up to 2 riverboats and equipment

 

 

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1 thereon for a period of 3 years after the effective date of the
2 license. Holders of the first 10 owners licenses must pay the
3 annual license fee for each of the 3 years during which they
4 are authorized to own riverboats.
5     (g) Upon the termination, expiration, or revocation of each
6 owners license of the first 10 licenses, which shall be issued
7 for a 3 year period, all licenses are renewable annually upon
8 payment of the fee and a determination by the Board that the
9 licensee continues to meet all of the requirements of this Act
10 and the Board's rules. However, for licenses renewed on or
11 after May 1, 1998, renewal shall be for a period of 4 years,
12 unless the Board sets a shorter period.
13     (h) An owners license shall entitle the licensee to own up
14 to 2 riverboats. A licensee , other than a licensee that
15 receives its owners license under subsection (e-5), shall limit
16 the number of gambling participants to 2,000 1,200 for any such
17 owners license. A licensee may operate both of its riverboats
18 concurrently, provided that the total number of gambling
19 participants on both riverboats does not exceed 2,000 1,200.
20 Notwithstanding any provision in this subsection (h) to the
21 contrary, a licensee that receives its owners license under
22 subsection (e-5) shall limit the number of gambling
23 participants to the number set by the Board, which may not
24 exceed 4,000 participants at one time. In setting the number of
25 participants that a licensee that receives its license under
26 subsection (e-5) may admit, the Board shall consider the best
27 interests of the riverboat gambling industry. Riverboats
28 licensed to operate on the Mississippi River and the Illinois
29 River south of Marshall County shall have an authorized
30 capacity of at least 500 persons. Any other riverboat licensed
31 under this Act shall have an authorized capacity of at least
32 400 persons.
33     (i) A licensed owner is authorized to apply to the Board
34 for and, if approved therefor, to receive all licenses from the
35 Board necessary for the operation of a riverboat, including a
36 liquor license, a license to prepare and serve food for human

 

 

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1 consumption, and other necessary licenses. All use, occupation
2 and excise taxes which apply to the sale of food and beverages
3 in this State and all taxes imposed on the sale or use of
4 tangible personal property apply to such sales aboard the
5 riverboat.
6     (j) The Board may issue or re-issue a license authorizing a
7 riverboat to dock in a municipality or approve a relocation
8 under Section 11.2 only if, prior to the issuance or
9 re-issuance of the license or approval, the governing body of
10 the municipality in which the riverboat will dock has by a
11 majority vote approved the docking of riverboats in the
12 municipality. The Board may issue or re-issue a license
13 authorizing a riverboat to dock in areas of a county outside
14 any municipality or approve a relocation under Section 11.2
15 only if, prior to the issuance or re-issuance of the license or
16 approval, the governing body of the county has by a majority
17 vote approved of the docking of riverboats within such areas.
18 (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03;
19 93-453, eff. 8-7-03; revised 1-27-04.)
 
20     (230 ILCS 10/13)  (from Ch. 120, par. 2413)
21     Sec. 13. Wagering tax; rate; distribution.
22     (a) Until January 1, 1998, a tax is imposed on the adjusted
23 gross receipts received from gambling games authorized under
24 this Act at the rate of 20%.
25     (a-1) From January 1, 1998 until July 1, 2002, a privilege
26 tax is imposed on persons engaged in the business of conducting
27 riverboat gambling operations, based on the adjusted gross
28 receipts received by a licensed owner from gambling games
29 authorized under this Act at the following rates:
30         15% of annual adjusted gross receipts up to and
31     including $25,000,000;
32         20% of annual adjusted gross receipts in excess of
33     $25,000,000 but not exceeding $50,000,000;
34         25% of annual adjusted gross receipts in excess of
35     $50,000,000 but not exceeding $75,000,000;

 

 

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1         30% of annual adjusted gross receipts in excess of
2     $75,000,000 but not exceeding $100,000,000;
3         35% of annual adjusted gross receipts in excess of
4     $100,000,000.
5     (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
6 is imposed on persons engaged in the business of conducting
7 riverboat gambling operations, other than licensed managers
8 conducting riverboat gambling operations on behalf of the
9 State, based on the adjusted gross receipts received by a
10 licensed owner from gambling games authorized under this Act at
11 the following rates:
12         15% of annual adjusted gross receipts up to and
13     including $25,000,000;
14         22.5% of annual adjusted gross receipts in excess of
15     $25,000,000 but not exceeding $50,000,000;
16         27.5% of annual adjusted gross receipts in excess of
17     $50,000,000 but not exceeding $75,000,000;
18         32.5% of annual adjusted gross receipts in excess of
19     $75,000,000 but not exceeding $100,000,000;
20         37.5% of annual adjusted gross receipts in excess of
21     $100,000,000 but not exceeding $150,000,000;
22         45% of annual adjusted gross receipts in excess of
23     $150,000,000 but not exceeding $200,000,000;
24         50% of annual adjusted gross receipts in excess of
25     $200,000,000.
26     (a-3) Beginning July 1, 2003, a privilege tax is imposed on
27 persons engaged in the business of conducting riverboat
28 gambling operations,other than licensed managers conducting
29 riverboat gambling operations on behalf of the State, based on
30 the adjusted gross receipts received by a licensed owner from
31 gambling games authorized under this Act at the following
32 rates:
33         15% of annual adjusted gross receipts up to and
34     including $25,000,000;
35         27.5% of annual adjusted gross receipts in excess of
36     $25,000,000 but not exceeding $37,500,000;

 

 

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1         32.5% of annual adjusted gross receipts in excess of
2     $37,500,000 but not exceeding $50,000,000;
3         37.5% of annual adjusted gross receipts in excess of
4     $50,000,000 but not exceeding $75,000,000;
5         45% of annual adjusted gross receipts in excess of
6     $75,000,000 but not exceeding $100,000,000;
7         50% of annual adjusted gross receipts in excess of
8     $100,000,000 but not exceeding $250,000,000;
9         70% of annual adjusted gross receipts in excess of
10     $250,000,000.
11     An amount equal to the amount of wagering taxes collected
12 under this subsection (a-3) that are in addition to the amount
13 of wagering taxes that would have been collected if the
14 wagering tax rates under subsection (a-2) were in effect shall
15 be paid into the Common School Fund.
16     The privilege tax imposed under this subsection (a-3) shall
17 no longer be imposed beginning on the earlier of (i) July 1,
18 2005; (ii) the first date after June 20, 2003 the effective
19 date of this amendatory Act of the 93rd General Assembly that
20 riverboat gambling operations are conducted pursuant to a
21 dormant license; or (iii) the first day that riverboat gambling
22 operations are conducted under the authority of an owners
23 license that is in addition to the 10 owners licenses initially
24 authorized under this Act. For the purposes of this subsection
25 (a-3), the term "dormant license" means an owners license that
26 is authorized by this Act under which no riverboat gambling
27 operations are being conducted on June 20, 2003 the effective
28 date of this amendatory Act of the 93rd General Assembly.
29     (a-4) Beginning on the first day on which the tax imposed
30 under subsection (a-3) is no longer imposed, a privilege tax is
31 imposed on persons engaged in the business of conducting
32 riverboat gambling operations,other than licensed managers
33 conducting riverboat gambling operations on behalf of the
34 State, based on the adjusted gross receipts received by a
35 licensed owner from gambling games authorized under this Act at
36 the following rates:

 

 

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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 but not exceeding $400,000,000;
11         40% of annual adjusted gross receipts in excess of
12     $400,000,000 but not exceeding $450,000,000;
13         45% of annual adjusted gross receipts in excess of
14     $450,000,000 but not exceeding $500,000,000;
15         50% of annual adjusted gross receipts in excess of
16     $500,000,000.
17         15% of annual adjusted gross receipts up to and
18     including $25,000,000;
19         22.5% of annual adjusted gross receipts in excess of
20     $25,000,000 but not exceeding $50,000,000;
21         27.5% of annual adjusted gross receipts in excess of
22     $50,000,000 but not exceeding $75,000,000;
23         32.5% of annual adjusted gross receipts in excess of
24     $75,000,000 but not exceeding $100,000,000;
25         37.5% of annual adjusted gross receipts in excess of
26     $100,000,000 but not exceeding $150,000,000;
27         45% of annual adjusted gross receipts in excess of
28     $150,000,000 but not exceeding $200,000,000;
29         50% of annual adjusted gross receipts in excess of
30     $200,000,000.
31     (a-8) Riverboat gambling operations conducted by a
32 licensed manager on behalf of the State are not subject to the
33 tax imposed under this Section.
34     (a-10) The taxes imposed by this Section shall be paid by
35 the licensed owner to the Board not later than 3:00 o'clock
36 p.m. of the day after the day when the wagers were made.

 

 

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1     (b) Until January 1, 1998, 25% of the tax revenue deposited
2 in the State Gaming Fund under this Section shall be paid,
3 subject to appropriation by the General Assembly, to the unit
4 of local government which is designated as the home dock of the
5 riverboat. Beginning January 1, 1998, from the tax revenue
6 deposited in the State Gaming Fund under this Section, an
7 amount equal to 5% of adjusted gross receipts generated by a
8 riverboat, other than adjusted gross receipts generated by
9 riverboat gambling operations authorized under subsection
10 (e-10) of Section 7, shall be paid monthly, subject to
11 appropriation by the General Assembly, to the unit of local
12 government that is designated as the home dock of the
13 riverboat. From the tax revenue deposited in the State Gaming
14 Fund pursuant to riverboat gambling operations conducted by a
15 licensed manager on behalf of the State, an amount equal to 5%
16 of adjusted gross receipts generated pursuant to those
17 riverboat gambling operations shall be paid monthly, subject to
18 appropriation by the General Assembly, to the unit of local
19 government that is designated as the home dock of the riverboat
20 upon which those riverboat gambling operations are conducted.
21     (b-5) From the tax revenue deposited into the State Gaming
22 Fund under this Section, payments shall be made, subject to
23 appropriation by the General Assembly, as provided in this
24 subsection (b-5).
25     An amount equal to 3% of the adjusted gross receipts
26 generated by a riverboat authorized under subsection (e-10) of
27 Section 7 shall be paid to the municipality in which the
28 riverboat docks and to any other municipalities or townships
29 that enter into an intergovernmental agreement with the
30 municipality in which the riverboat docks to share that revenue
31 and shall be divided according to the terms of that
32 intergovernmental agreement.
33     An amount equal to 0.5% of the adjusted gross receipts
34 generated by a riverboat authorized under subsection (e-10) of
35 Section 7 shall be divided equally and paid to the townships
36 enumerated in subsection (e-10) of Section 7.

 

 

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1     An amount equal to 1% of the adjusted gross receipts
2 generated by a riverboat authorized under subsection (e-10) of
3 Section 7 shall be divided among the school districts in the
4 townships enumerated in subsection (e-10) of Section 7 in
5 inverse proportion to the per-student expenditures of each of
6 those school districts.
7     An amount equal to 0.5% of the adjusted gross receipts
8 generated by a riverboat authorized under subsection (e-10) of
9 Section 7 shall be paid into the South Suburban Assistance
10 Fund, which is hereby created in the State Treasury. The South
11 Suburban Assistance Fund shall be administered by the
12 Department of Commerce and Economic Opportunity, and moneys in
13 the Fund shall be used to aid economically distressed
14 communities in the townships enumerated in subsection (e-10) of
15 Section 7.
16     (c) Appropriations, as approved by the General Assembly,
17 may be made from the State Gaming Fund to the Department of
18 Revenue and the Department of State Police for the
19 administration and enforcement of this Act, or to the
20 Department of Human Services for the administration of programs
21 to treat problem gambling.
22     (c-5) (Blank). After the payments required under
23 subsections (b) and (c) have been made, an amount equal to 15%
24 of the adjusted gross receipts of (1) an owners licensee that
25 relocates pursuant to Section 11.2, (2) an owners license
26 conducting riverboat gambling operations pursuant to an owners
27 license that is initially issued after June 25, 1999, or (3)
28 the first riverboat gambling operations conducted by a licensed
29 manager on behalf of the State under Section 7.2, whichever
30 comes first, shall be paid from the State Gaming Fund into the
31 Horse Racing Equity Fund.
32     (c-10) (Blank). Each year the General Assembly shall
33 appropriate from the General Revenue Fund to the Education
34 Assistance Fund an amount equal to the amount paid into the
35 Horse Racing Equity Fund pursuant to subsection (c-5) in the
36 prior calendar year.

 

 

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1     (c-15) After the payments required under subsections (b),
2 (c), and (c-5) have been made, an amount equal to 2% of the
3 adjusted gross receipts of (1) an owners licensee that
4 relocates pursuant to Section 11.2, other than a licensee that
5 receives an owners license under subsection (e-5) or (e-10) of
6 Section 7, (2) an owners licensee conducting riverboat gambling
7 operations pursuant to an owners license that is initially
8 issued after June 25, 1999, other than a licensee that receives
9 an owners license under subsection (e-5) or (e-10) of Section
10 7, or (3) the first riverboat gambling operations conducted by
11 a licensed manager on behalf of the State under Section 7.3
12 7.2, other than a licensee that receives an owners license
13 under subsection (e-5) or (e-10) of Section 7, whichever comes
14 first, shall be paid, subject to appropriation from the General
15 Assembly, from the State Gaming Fund to each home rule county
16 with a population of over 3,000,000 inhabitants for the purpose
17 of enhancing the county's criminal justice system.
18     (c-20) Each year the General Assembly shall appropriate
19 from the General Revenue Fund to the Education Assistance Fund
20 an amount equal to the amount paid to each home rule county
21 with a population of over 3,000,000 inhabitants pursuant to
22 subsection (c-15) in the prior calendar year.
23     (c-25) After the payments required under subsections (b),
24 (c), (c-5) and (c-15) have been made, an amount equal to 2% of
25 the adjusted gross receipts of (1) an owners licensee license
26 that relocates pursuant to Section 11.2, other than a licensee
27 that receives an owners license under subsection (e-5) or
28 (e-10) of Section 7, (2) an owners licensee license conducting
29 riverboat gambling operations pursuant to an owners license
30 that is initially issued after June 25, 1999, other than a
31 licensee that receives an owners license under subsection (e-5)
32 or (e-10) of Section 7, or (3) the first riverboat gambling
33 operations conducted by a licensed manager on behalf of the
34 State under Section 7.3 7.2, other than a licensee that
35 receives an owners license under subsection (e-5) or (e-10) of
36 Section 7, whichever comes first, shall be paid from the State

 

 

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1 Gaming Fund to Chicago State University.
2     (d) From time to time, the Board shall transfer the
3 remainder of the funds generated by this Act into the Education
4 Assistance Fund, created by Public Act 86-0018, of the State of
5 Illinois.
6     (e) Nothing in this Act shall prohibit the unit of local
7 government designated as the home dock of the riverboat from
8 entering into agreements with other units of local government
9 in this State or in other states to share its portion of the
10 tax revenue.
11     (f) To the extent practicable, the Board shall administer
12 and collect the wagering taxes imposed by this Section in a
13 manner consistent with the provisions of Sections 4, 5, 5a, 5b,
14 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
15 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
16 Penalty and Interest Act.
17 (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28,
18 eff. 6-20-03; revised 1-28-04.)
 
19     Section 95. The State Finance Act is amended by adding
20 Section 5.625 as follows:
 
21     (30 ILCS 105/5.625 new)
22     Sec. 5.625. The South Suburban Assistance Fund.
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.