102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2070

 

Introduced 2/26/2021, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 10/13  from Ch. 120, par. 2413
230 ILCS 45/25-15
230 ILCS 45/25-90

    Amends the Illinois Gambling Act. In provisions concerning an owner licensee's calculation of adjusted gross receipts, provides for monthly and annual reconciliation calculations between promotional costs and total adjusted gross receipts. Amends the Sports Wagering Act. Provides that occupational licenses issued under the Illinois Gambling Act for employees of an owners licensee or organization gaming licensee, once granted, are considered equivalent licenses to work in sports wagering positions located at the same gaming facility. Provides that adjusted gross sports wagering receipts shall not include the dollar amount of certain promotions redeemed by wagerers. Provides for monthly and annual reconciliation calculations between promotional costs and total adjusted gross sports wagering receipts. Requires the Illinois Gaming Board to submit to the General Assembly no later than March 31, 2025 a comprehensive report that includes the effect of removing promotional costs from the calculation for adjusted gross sports wagering receipts and the tax rates imposed on sports wagering.


LRB102 12936 SMS 18279 b

 

 

A BILL FOR

 

SB2070LRB102 12936 SMS 18279 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Gambling Act is amended by
5changing Sections 4, 5, and 13 as follows:
 
6    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
7    Sec. 13. Wagering tax; rate; distribution.
8    (a) Until January 1, 1998, a tax is imposed on the adjusted
9gross receipts received from gambling games authorized under
10this Act at the rate of 20%.
11    (a-1) From January 1, 1998 until July 1, 2002, a privilege
12tax is imposed on persons engaged in the business of
13conducting riverboat gambling operations, based on the
14adjusted gross receipts received by a licensed owner from
15gambling games authorized under this Act at the following
16rates:
17        15% of annual adjusted gross receipts up to and
18    including $25,000,000;
19        20% of annual adjusted gross receipts in excess of
20    $25,000,000 but not exceeding $50,000,000;
21        25% of annual adjusted gross receipts in excess of
22    $50,000,000 but not exceeding $75,000,000;
23        30% of annual adjusted gross receipts in excess of

 

 

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

 

 

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1gambling operations, other than licensed managers conducting
2riverboat gambling operations on behalf of the State, based on
3the adjusted gross receipts received by a licensed owner from
4gambling games authorized under this Act at the following
5rates:
6        15% of annual adjusted gross receipts up to and
7    including $25,000,000;
8        27.5% of annual adjusted gross receipts in excess of
9    $25,000,000 but not exceeding $37,500,000;
10        32.5% of annual adjusted gross receipts in excess of
11    $37,500,000 but not exceeding $50,000,000;
12        37.5% of annual adjusted gross receipts in excess of
13    $50,000,000 but not exceeding $75,000,000;
14        45% of annual adjusted gross receipts in excess of
15    $75,000,000 but not exceeding $100,000,000;
16        50% of annual adjusted gross receipts in excess of
17    $100,000,000 but not exceeding $250,000,000;
18        70% of annual adjusted gross receipts in excess of
19    $250,000,000.
20    An amount equal to the amount of wagering taxes collected
21under this subsection (a-3) that are in addition to the amount
22of wagering taxes that would have been collected if the
23wagering tax rates under subsection (a-2) were in effect shall
24be paid into the Common School Fund.
25    The privilege tax imposed under this subsection (a-3)
26shall no longer be imposed beginning on the earlier of (i) July

 

 

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11, 2005; (ii) the first date after June 20, 2003 that riverboat
2gambling operations are conducted pursuant to a dormant
3license; or (iii) the first day that riverboat gambling
4operations are conducted under the authority of an owners
5license that is in addition to the 10 owners licenses
6initially authorized under this Act. For the purposes of this
7subsection (a-3), the term "dormant license" means an owners
8license that is authorized by this Act under which no
9riverboat gambling operations are being conducted on June 20,
102003.
11    (a-4) Beginning on the first day on which the tax imposed
12under subsection (a-3) is no longer imposed and ending upon
13the imposition of the privilege tax under subsection (a-5) of
14this Section, a privilege tax is imposed on persons engaged in
15the business of conducting gambling operations, other than
16licensed managers conducting riverboat gambling operations on
17behalf of the State, based on the adjusted gross receipts
18received by a licensed owner from gambling games authorized
19under this Act at the following rates:
20        15% of annual adjusted gross receipts up to and
21    including $25,000,000;
22        22.5% of annual adjusted gross receipts in excess of
23    $25,000,000 but not exceeding $50,000,000;
24        27.5% of annual adjusted gross receipts in excess of
25    $50,000,000 but not exceeding $75,000,000;
26        32.5% of annual adjusted gross receipts in excess of

 

 

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1    $75,000,000 but not exceeding $100,000,000;
2        37.5% of annual adjusted gross receipts in excess of
3    $100,000,000 but not exceeding $150,000,000;
4        45% of annual adjusted gross receipts in excess of
5    $150,000,000 but not exceeding $200,000,000;
6        50% of annual adjusted gross receipts in excess of
7    $200,000,000.
8    For the imposition of the privilege tax in this subsection
9(a-4), amounts paid pursuant to item (1) of subsection (b) of
10Section 56 of the Illinois Horse Racing Act of 1975 shall not
11be included in the determination of adjusted gross receipts.
12    (a-5)(1) Beginning on July 1, 2020, a privilege tax is
13imposed on persons engaged in the business of conducting
14gambling operations, other than the owners licensee under
15paragraph (1) of subsection (e-5) of Section 7 and licensed
16managers conducting riverboat gambling operations on behalf of
17the State, based on the adjusted gross receipts received by
18such licensee from the gambling games authorized under this
19Act. The privilege tax for all gambling games other than table
20games, including, but not limited to, slot machines, video
21game of chance gambling, and electronic gambling games shall
22be at the following rates:
23        15% of annual adjusted gross receipts up to and
24    including $25,000,000;
25        22.5% of annual adjusted gross receipts in excess of
26    $25,000,000 but not exceeding $50,000,000;

 

 

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1        27.5% of annual adjusted gross receipts in excess of
2    $50,000,000 but not exceeding $75,000,000;
3        32.5% of annual adjusted gross receipts in excess of
4    $75,000,000 but not exceeding $100,000,000;
5        37.5% of annual adjusted gross receipts in excess of
6    $100,000,000 but not exceeding $150,000,000;
7        45% of annual adjusted gross receipts in excess of
8    $150,000,000 but not exceeding $200,000,000;
9        50% of annual adjusted gross receipts in excess of
10    $200,000,000.
11    The privilege tax for table games shall be at the
12following rates:
13        15% of annual adjusted gross receipts up to and
14    including $25,000,000;
15        20% of annual adjusted gross receipts in excess of
16    $25,000,000.
17    For the imposition of the privilege tax in this subsection
18(a-5), amounts paid pursuant to item (1) of subsection (b) of
19Section 56 of the Illinois Horse Racing Act of 1975 shall not
20be included in the determination of adjusted gross receipts.
21    (2) Beginning on the first day that an owners licensee
22under paragraph (1) of subsection (e-5) of Section 7 conducts
23gambling operations, either in a temporary facility or a
24permanent facility, a privilege tax is imposed on persons
25engaged in the business of conducting gambling operations
26under paragraph (1) of subsection (e-5) of Section 7, other

 

 

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1than licensed managers conducting riverboat gambling
2operations on behalf of the State, based on the adjusted gross
3receipts received by such licensee from the gambling games
4authorized under this Act. The privilege tax for all gambling
5games other than table games, including, but not limited to,
6slot machines, video game of chance gambling, and electronic
7gambling games shall be at the following rates:
8        12% of annual adjusted gross receipts up to and
9    including $25,000,000 to the State and 10.5% of annual
10    adjusted gross receipts up to and including $25,000,000 to
11    the City of Chicago;
12        16% of annual adjusted gross receipts in excess of
13    $25,000,000 but not exceeding $50,000,000 to the State and
14    14% of annual adjusted gross receipts in excess of
15    $25,000,000 but not exceeding $50,000,000 to the City of
16    Chicago;
17        20.1% of annual adjusted gross receipts in excess of
18    $50,000,000 but not exceeding $75,000,000 to the State and
19    17.4% of annual adjusted gross receipts in excess of
20    $50,000,000 but not exceeding $75,000,000 to the City of
21    Chicago;
22        21.4% of annual adjusted gross receipts in excess of
23    $75,000,000 but not exceeding $100,000,000 to the State
24    and 18.6% of annual adjusted gross receipts in excess of
25    $75,000,000 but not exceeding $100,000,000 to the City of
26    Chicago;

 

 

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1        22.7% of annual adjusted gross receipts in excess of
2    $100,000,000 but not exceeding $150,000,000 to the State
3    and 19.8% of annual adjusted gross receipts in excess of
4    $100,000,000 but not exceeding $150,000,000 to the City of
5    Chicago;
6        24.1% of annual adjusted gross receipts in excess of
7    $150,000,000 but not exceeding $225,000,000 to the State
8    and 20.9% of annual adjusted gross receipts in excess of
9    $150,000,000 but not exceeding $225,000,000 to the City of
10    Chicago;
11        26.8% of annual adjusted gross receipts in excess of
12    $225,000,000 but not exceeding $1,000,000,000 to the State
13    and 23.2% of annual adjusted gross receipts in excess of
14    $225,000,000 but not exceeding $1,000,000,000 to the City
15    of Chicago;
16        40% of annual adjusted gross receipts in excess of
17    $1,000,000,000 to the State and 34.7% of annual gross
18    receipts in excess of $1,000,000,000 to the City of
19    Chicago.
20    The privilege tax for table games shall be at the
21following rates:
22        8.1% of annual adjusted gross receipts up to and
23    including $25,000,000 to the State and 6.9% of annual
24    adjusted gross receipts up to and including $25,000,000 to
25    the City of Chicago;
26        10.7% of annual adjusted gross receipts in excess of

 

 

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1    $25,000,000 but not exceeding $75,000,000 to the State and
2    9.3% of annual adjusted gross receipts in excess of
3    $25,000,000 but not exceeding $75,000,000 to the City of
4    Chicago;
5        11.2% of annual adjusted gross receipts in excess of
6    $75,000,000 but not exceeding $175,000,000 to the State
7    and 9.8% of annual adjusted gross receipts in excess of
8    $75,000,000 but not exceeding $175,000,000 to the City of
9    Chicago;
10        13.5% of annual adjusted gross receipts in excess of
11    $175,000,000 but not exceeding $225,000,000 to the State
12    and 11.5% of annual adjusted gross receipts in excess of
13    $175,000,000 but not exceeding $225,000,000 to the City of
14    Chicago;
15        15.1% of annual adjusted gross receipts in excess of
16    $225,000,000 but not exceeding $275,000,000 to the State
17    and 12.9% of annual adjusted gross receipts in excess of
18    $225,000,000 but not exceeding $275,000,000 to the City of
19    Chicago;
20        16.2% of annual adjusted gross receipts in excess of
21    $275,000,000 but not exceeding $375,000,000 to the State
22    and 13.8% of annual adjusted gross receipts in excess of
23    $275,000,000 but not exceeding $375,000,000 to the City of
24    Chicago;
25        18.9% of annual adjusted gross receipts in excess of
26    $375,000,000 to the State and 16.1% of annual gross

 

 

SB2070- 10 -LRB102 12936 SMS 18279 b

1    receipts in excess of $375,000,000 to the City of Chicago.
2    For the imposition of the privilege tax in this subsection
3(a-5), amounts paid pursuant to item (1) of subsection (b) of
4Section 56 of the Illinois Horse Racing Act of 1975 shall not
5be included in the determination of adjusted gross receipts.
6    Notwithstanding the provisions of this subsection (a-5),
7for the first 10 years that the privilege tax is imposed under
8this subsection (a-5), the privilege tax shall be imposed on
9the modified annual adjusted gross receipts of a riverboat or
10casino conducting gambling operations in the City of East St.
11Louis, unless:
12        (1) the riverboat or casino fails to employ at least
13    450 people;
14        (2) the riverboat or casino fails to maintain
15    operations in a manner consistent with this Act or is not a
16    viable riverboat or casino subject to the approval of the
17    Board; or
18        (3) the owners licensee is not an entity in which
19    employees participate in an employee stock ownership plan.
20    As used in this subsection (a-5), "modified annual
21adjusted gross receipts" means:
22        (A) for calendar year 2020, the annual adjusted gross
23    receipts for the current year minus the difference between
24    an amount equal to the average annual adjusted gross
25    receipts from a riverboat or casino conducting gambling
26    operations in the City of East St. Louis for 2014, 2015,

 

 

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1    2016, 2017, and 2018 and the annual adjusted gross
2    receipts for 2018;
3        (B) for calendar year 2021, the annual adjusted gross
4    receipts for the current year minus the difference between
5    an amount equal to the average annual adjusted gross
6    receipts from a riverboat or casino conducting gambling
7    operations in the City of East St. Louis for 2014, 2015,
8    2016, 2017, and 2018 and the annual adjusted gross
9    receipts for 2019; and
10        (C) for calendar years 2022 through 2029, the annual
11    adjusted gross receipts for the current year minus the
12    difference between an amount equal to the average annual
13    adjusted gross receipts from a riverboat or casino
14    conducting gambling operations in the City of East St.
15    Louis for 3 years preceding the current year and the
16    annual adjusted gross receipts for the immediately
17    preceding year.
18    (a-6) From June 28, 2019 (the effective date of Public Act
19101-31) until June 30, 2023, an owners licensee that conducted
20gambling operations prior to January 1, 2011 shall receive a
21dollar-for-dollar credit against the tax imposed under this
22Section for any renovation or construction costs paid by the
23owners licensee, but in no event shall the credit exceed
24$2,000,000.
25    Additionally, from June 28, 2019 (the effective date of
26Public Act 101-31) until December 31, 2022, an owners licensee

 

 

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1that (i) is located within 15 miles of the Missouri border, and
2(ii) has at least 3 riverboats, casinos, or their equivalent
3within a 45-mile radius, may be authorized to relocate to a new
4location with the approval of both the unit of local
5government designated as the home dock and the Board, so long
6as the new location is within the same unit of local government
7and no more than 3 miles away from its original location. Such
8owners licensee shall receive a credit against the tax imposed
9under this Section equal to 8% of the total project costs, as
10approved by the Board, for any renovation or construction
11costs paid by the owners licensee for the construction of the
12new facility, provided that the new facility is operational by
13July 1, 2022. In determining whether or not to approve a
14relocation, the Board must consider the extent to which the
15relocation will diminish the gaming revenues received by other
16Illinois gaming facilities.
17    (a-7) Beginning in the initial adjustment year and through
18the final adjustment year, if the total obligation imposed
19pursuant to either subsection (a-5) or (a-6) will result in an
20owners licensee receiving less after-tax adjusted gross
21receipts than it received in calendar year 2018, then the
22total amount of privilege taxes that the owners licensee is
23required to pay for that calendar year shall be reduced to the
24extent necessary so that the after-tax adjusted gross receipts
25in that calendar year equals the after-tax adjusted gross
26receipts in calendar year 2018, but the privilege tax

 

 

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1reduction shall not exceed the annual adjustment cap. If
2pursuant to this subsection (a-7), the total obligation
3imposed pursuant to either subsection (a-5) or (a-6) shall be
4reduced, then the owners licensee shall not receive a refund
5from the State at the end of the subject calendar year but
6instead shall be able to apply that amount as a credit against
7any payments it owes to the State in the following calendar
8year to satisfy its total obligation under either subsection
9(a-5) or (a-6). The credit for the final adjustment year shall
10occur in the calendar year following the final adjustment
11year.
12    If an owners licensee that conducted gambling operations
13prior to January 1, 2019 expands its riverboat or casino,
14including, but not limited to, with respect to its gaming
15floor, additional non-gaming amenities such as restaurants,
16bars, and hotels and other additional facilities, and incurs
17construction and other costs related to such expansion from
18June 28, 2019 (the effective date of Public Act 101-31) until
19June 28, 2024 (the 5th anniversary of the effective date of
20Public Act 101-31), then for each $15,000,000 spent for any
21such construction or other costs related to expansion paid by
22the owners licensee, the final adjustment year shall be
23extended by one year and the annual adjustment cap shall
24increase by 0.2% of adjusted gross receipts during each
25calendar year until and including the final adjustment year.
26No further modifications to the final adjustment year or

 

 

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1annual adjustment cap shall be made after $75,000,000 is
2incurred in construction or other costs related to expansion
3so that the final adjustment year shall not extend beyond the
49th calendar year after the initial adjustment year, not
5including the initial adjustment year, and the annual
6adjustment cap shall not exceed 4% of adjusted gross receipts
7in a particular calendar year. Construction and other costs
8related to expansion shall include all project related costs,
9including, but not limited to, all hard and soft costs,
10financing costs, on or off-site ground, road or utility work,
11cost of gaming equipment and all other personal property,
12initial fees assessed for each incremental gaming position,
13and the cost of incremental land acquired for such expansion.
14Soft costs shall include, but not be limited to, legal fees,
15architect, engineering and design costs, other consultant
16costs, insurance cost, permitting costs, and pre-opening costs
17related to the expansion, including, but not limited to, any
18of the following: marketing, real estate taxes, personnel,
19training, travel and out-of-pocket expenses, supply,
20inventory, and other costs, and any other project related soft
21costs.
22    To be eligible for the tax credits in subsection (a-6),
23all construction contracts shall include a requirement that
24the contractor enter into a project labor agreement with the
25building and construction trades council with geographic
26jurisdiction of the location of the proposed gaming facility.

 

 

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1    Notwithstanding any other provision of this subsection
2(a-7), this subsection (a-7) does not apply to an owners
3licensee unless such owners licensee spends at least
4$15,000,000 on construction and other costs related to its
5expansion, excluding the initial fees assessed for each
6incremental gaming position.
7    This subsection (a-7) does not apply to owners licensees
8authorized pursuant to subsection (e-5) of Section 7 of this
9Act.
10    For purposes of this subsection (a-7):
11    "Building and construction trades council" means any
12organization representing multiple construction entities that
13are monitoring or attentive to compliance with public or
14workers' safety laws, wage and hour requirements, or other
15statutory requirements or that are making or maintaining
16collective bargaining agreements.
17    "Initial adjustment year" means the year commencing on
18January 1 of the calendar year immediately following the
19earlier of the following:
20        (1) the commencement of gambling operations, either in
21    a temporary or permanent facility, with respect to the
22    owners license authorized under paragraph (1) of
23    subsection (e-5) of Section 7 of this Act; or
24        (2) June 28, 2021 (24 months after the effective date
25    of Public Act 101-31);
26provided the initial adjustment year shall not commence

 

 

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1earlier than June 28, 2020 (12 months after the effective date
2of Public Act 101-31).
3    "Final adjustment year" means the 2nd calendar year after
4the initial adjustment year, not including the initial
5adjustment year, and as may be extended further as described
6in this subsection (a-7).
7    "Annual adjustment cap" means 3% of adjusted gross
8receipts in a particular calendar year, and as may be
9increased further as otherwise described in this subsection
10(a-7).
11    (a-8) Riverboat gambling operations conducted by a
12licensed manager on behalf of the State are not subject to the
13tax imposed under this Section.
14    (a-9) Beginning on January 1, 2020, the calculation of
15gross receipts or adjusted gross receipts, for the purposes of
16this Section, for a riverboat, a casino, or an organization
17gaming facility shall not include the dollar amount of
18non-cashable vouchers, coupons, and electronic promotions
19redeemed by wagerers upon the riverboat, in the casino, or in
20the organization gaming facility up to and including an amount
21not to exceed 20% of a riverboat's, a casino's, or an
22organization gaming facility's adjusted gross receipts. At the
23end of each month there shall be a reconciliation calculation
24dividing the total daily promotional costs by the total daily
25adjusted gross receipts to determine any adjustment to the
26daily credits not to exceed 20% of the monthly adjusted gross

 

 

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1receipts for each riverboat, casino, or organization gaming
2facility. Additionally, at the end of each calendar year there
3shall be a reconciliation calculation dividing the total
4annual promotional costs by the total annual adjusted gross
5receipts to determine any adjustment to the credits not to
6exceed 20% of the annual adjusted gross receipts for each
7riverboat, casino, or organization gaming facility. Any
8additional credits due shall be deducted from the next tax
9payments until all credits have been taken.
10    The Illinois Gaming Board shall submit to the General
11Assembly a comprehensive report no later than March 31, 2023
12detailing, at a minimum, the effect of removing non-cashable
13vouchers, coupons, and electronic promotions from this
14calculation on net gaming revenues to the State in calendar
15years 2020 through 2022, the increase or reduction in wagerers
16as a result of removing non-cashable vouchers, coupons, and
17electronic promotions from this calculation, the effect of the
18tax rates in subsection (a-5) on net gaming revenues to this
19State, and proposed modifications to the calculation.
20    (a-10) The taxes imposed by this Section shall be paid by
21the licensed owner or the organization gaming licensee to the
22Board not later than 5:00 o'clock p.m. of the day after the day
23when the wagers were made.
24    (a-15) If the privilege tax imposed under subsection (a-3)
25is no longer imposed pursuant to item (i) of the last paragraph
26of subsection (a-3), then by June 15 of each year, each owners

 

 

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1licensee, other than an owners licensee that admitted
21,000,000 persons or fewer in calendar year 2004, must, in
3addition to the payment of all amounts otherwise due under
4this Section, pay to the Board a reconciliation payment in the
5amount, if any, by which the licensed owner's base amount
6exceeds the amount of net privilege tax paid by the licensed
7owner to the Board in the then current State fiscal year. A
8licensed owner's net privilege tax obligation due for the
9balance of the State fiscal year shall be reduced up to the
10total of the amount paid by the licensed owner in its June 15
11reconciliation payment. The obligation imposed by this
12subsection (a-15) is binding on any person, firm, corporation,
13or other entity that acquires an ownership interest in any
14such owners license. The obligation imposed under this
15subsection (a-15) terminates on the earliest of: (i) July 1,
162007, (ii) the first day after the effective date of this
17amendatory Act of the 94th General Assembly that riverboat
18gambling operations are conducted pursuant to a dormant
19license, (iii) the first day that riverboat gambling
20operations are conducted under the authority of an owners
21license that is in addition to the 10 owners licenses
22initially authorized under this Act, or (iv) the first day
23that a licensee under the Illinois Horse Racing Act of 1975
24conducts gaming operations with slot machines or other
25electronic gaming devices. The Board must reduce the
26obligation imposed under this subsection (a-15) by an amount

 

 

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1the Board deems reasonable for any of the following reasons:
2(A) an act or acts of God, (B) an act of bioterrorism or
3terrorism or a bioterrorism or terrorism threat that was
4investigated by a law enforcement agency, or (C) a condition
5beyond the control of the owners licensee that does not result
6from any act or omission by the owners licensee or any of its
7agents and that poses a hazardous threat to the health and
8safety of patrons. If an owners licensee pays an amount in
9excess of its liability under this Section, the Board shall
10apply the overpayment to future payments required under this
11Section.
12    For purposes of this subsection (a-15):
13    "Act of God" means an incident caused by the operation of
14an extraordinary force that cannot be foreseen, that cannot be
15avoided by the exercise of due care, and for which no person
16can be held liable.
17    "Base amount" means the following:
18        For a riverboat in Alton, $31,000,000.
19        For a riverboat in East Peoria, $43,000,000.
20        For the Empress riverboat in Joliet, $86,000,000.
21        For a riverboat in Metropolis, $45,000,000.
22        For the Harrah's riverboat in Joliet, $114,000,000.
23        For a riverboat in Aurora, $86,000,000.
24        For a riverboat in East St. Louis, $48,500,000.
25        For a riverboat in Elgin, $198,000,000.
26    "Dormant license" has the meaning ascribed to it in

 

 

SB2070- 20 -LRB102 12936 SMS 18279 b

1subsection (a-3).
2    "Net privilege tax" means all privilege taxes paid by a
3licensed owner to the Board under this Section, less all
4payments made from the State Gaming Fund pursuant to
5subsection (b) of this Section.
6    The changes made to this subsection (a-15) by Public Act
794-839 are intended to restate and clarify the intent of
8Public Act 94-673 with respect to the amount of the payments
9required to be made under this subsection by an owners
10licensee to the Board.
11    (b) From the tax revenue from riverboat or casino gambling
12deposited in the State Gaming Fund under this Section, an
13amount equal to 5% of adjusted gross receipts generated by a
14riverboat or a casino, other than a riverboat or casino
15designated in paragraph (1), (3), or (4) of subsection (e-5)
16of Section 7, shall be paid monthly, subject to appropriation
17by the General Assembly, to the unit of local government in
18which the casino is located or that is designated as the home
19dock of the riverboat. Notwithstanding anything to the
20contrary, beginning on the first day that an owners licensee
21under paragraph (1), (2), (3), (4), (5), or (6) of subsection
22(e-5) of Section 7 conducts gambling operations, either in a
23temporary facility or a permanent facility, and for 2 years
24thereafter, a unit of local government designated as the home
25dock of a riverboat whose license was issued before January 1,
262019, other than a riverboat conducting gambling operations in

 

 

SB2070- 21 -LRB102 12936 SMS 18279 b

1the City of East St. Louis, shall not receive less under this
2subsection (b) than the amount the unit of local government
3received under this subsection (b) in calendar year 2018.
4Notwithstanding anything to the contrary and because the City
5of East St. Louis is a financially distressed city, beginning
6on the first day that an owners licensee under paragraph (1),
7(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
8conducts gambling operations, either in a temporary facility
9or a permanent facility, and for 10 years thereafter, a unit of
10local government designated as the home dock of a riverboat
11conducting gambling operations in the City of East St. Louis
12shall not receive less under this subsection (b) than the
13amount the unit of local government received under this
14subsection (b) in calendar year 2018.
15    From the tax revenue deposited in the State Gaming Fund
16pursuant to riverboat or casino gambling operations conducted
17by a licensed manager on behalf of the State, an amount equal
18to 5% of adjusted gross receipts generated pursuant to those
19riverboat or casino gambling operations shall be paid monthly,
20subject to appropriation by the General Assembly, to the unit
21of local government that is designated as the home dock of the
22riverboat upon which those riverboat gambling operations are
23conducted or in which the casino is located.
24    From the tax revenue from riverboat or casino gambling
25deposited in the State Gaming Fund under this Section, an
26amount equal to 5% of the adjusted gross receipts generated by

 

 

SB2070- 22 -LRB102 12936 SMS 18279 b

1a riverboat designated in paragraph (3) of subsection (e-5) of
2Section 7 shall be divided and remitted monthly, subject to
3appropriation, as follows: 70% to Waukegan, 10% to Park City,
415% to North Chicago, and 5% to Lake County.
5    From the tax revenue from riverboat or casino gambling
6deposited in the State Gaming Fund under this Section, an
7amount equal to 5% of the adjusted gross receipts generated by
8a riverboat designated in paragraph (4) of subsection (e-5) of
9Section 7 shall be remitted monthly, subject to appropriation,
10as follows: 70% to the City of Rockford, 5% to the City of
11Loves Park, 5% to the Village of Machesney, and 20% to
12Winnebago County.
13    From the tax revenue from riverboat or casino gambling
14deposited in the State Gaming Fund under this Section, an
15amount equal to 5% of the adjusted gross receipts generated by
16a riverboat designated in paragraph (5) of subsection (e-5) of
17Section 7 shall be remitted monthly, subject to appropriation,
18as follows: 2% to the unit of local government in which the
19riverboat or casino is located, and 3% shall be distributed:
20(A) in accordance with a regional capital development plan
21entered into by the following communities: Village of Beecher,
22City of Blue Island, Village of Burnham, City of Calumet City,
23Village of Calumet Park, City of Chicago Heights, City of
24Country Club Hills, Village of Crestwood, Village of Crete,
25Village of Dixmoor, Village of Dolton, Village of East Hazel
26Crest, Village of Flossmoor, Village of Ford Heights, Village

 

 

SB2070- 23 -LRB102 12936 SMS 18279 b

1of Glenwood, City of Harvey, Village of Hazel Crest, Village
2of Homewood, Village of Lansing, Village of Lynwood, City of
3Markham, Village of Matteson, Village of Midlothian, Village
4of Monee, City of Oak Forest, Village of Olympia Fields,
5Village of Orland Hills, Village of Orland Park, City of Palos
6Heights, Village of Park Forest, Village of Phoenix, Village
7of Posen, Village of Richton Park, Village of Riverdale,
8Village of Robbins, Village of Sauk Village, Village of South
9Chicago Heights, Village of South Holland, Village of Steger,
10Village of Thornton, Village of Tinley Park, Village of
11University Park and Village of Worth; or (B) if no regional
12capital development plan exists, equally among the communities
13listed in item (A) to be used for capital expenditures or
14public pension payments, or both.
15    Units of local government may refund any portion of the
16payment that they receive pursuant to this subsection (b) to
17the riverboat or casino.
18    (b-4) Beginning on the first day the licensee under
19paragraph (5) of subsection (e-5) of Section 7 conducts
20gambling operations, either in a temporary facility or a
21permanent facility, and ending on July 31, 2042, from the tax
22revenue deposited in the State Gaming Fund under this Section,
23$5,000,000 shall be paid annually, subject to appropriation,
24to the host municipality of that owners licensee of a license
25issued or re-issued pursuant to Section 7.1 of this Act before
26January 1, 2012. Payments received by the host municipality

 

 

SB2070- 24 -LRB102 12936 SMS 18279 b

1pursuant to this subsection (b-4) may not be shared with any
2other unit of local government.
3    (b-5) Beginning on June 28, 2019 (the effective date of
4Public Act 101-31), from the tax revenue deposited in the
5State Gaming Fund under this Section, an amount equal to 3% of
6adjusted gross receipts generated by each organization gaming
7facility located outside Madison County shall be paid monthly,
8subject to appropriation by the General Assembly, to a
9municipality other than the Village of Stickney in which each
10organization gaming facility is located or, if the
11organization gaming facility is not located within a
12municipality, to the county in which the organization gaming
13facility is located, except as otherwise provided in this
14Section. From the tax revenue deposited in the State Gaming
15Fund under this Section, an amount equal to 3% of adjusted
16gross receipts generated by an organization gaming facility
17located in the Village of Stickney shall be paid monthly,
18subject to appropriation by the General Assembly, as follows:
1925% to the Village of Stickney, 5% to the City of Berwyn, 50%
20to the Town of Cicero, and 20% to the Stickney Public Health
21District.
22    From the tax revenue deposited in the State Gaming Fund
23under this Section, an amount equal to 5% of adjusted gross
24receipts generated by an organization gaming facility located
25in the City of Collinsville shall be paid monthly, subject to
26appropriation by the General Assembly, as follows: 30% to the

 

 

SB2070- 25 -LRB102 12936 SMS 18279 b

1City of Alton, 30% to the City of East St. Louis, and 40% to
2the City of Collinsville.
3    Municipalities and counties may refund any portion of the
4payment that they receive pursuant to this subsection (b-5) to
5the organization gaming facility.
6    (b-6) Beginning on June 28, 2019 (the effective date of
7Public Act 101-31), from the tax revenue deposited in the
8State Gaming Fund under this Section, an amount equal to 2% of
9adjusted gross receipts generated by an organization gaming
10facility located outside Madison County shall be paid monthly,
11subject to appropriation by the General Assembly, to the
12county in which the organization gaming facility is located
13for the purposes of its criminal justice system or health care
14system.
15    Counties may refund any portion of the payment that they
16receive pursuant to this subsection (b-6) to the organization
17gaming facility.
18    (b-7) From the tax revenue from the organization gaming
19licensee located in one of the following townships of Cook
20County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
21Worth, an amount equal to 5% of the adjusted gross receipts
22generated by that organization gaming licensee shall be
23remitted monthly, subject to appropriation, as follows: 2% to
24the unit of local government in which the organization gaming
25licensee is located, and 3% shall be distributed: (A) in
26accordance with a regional capital development plan entered

 

 

SB2070- 26 -LRB102 12936 SMS 18279 b

1into by the following communities: Village of Beecher, City of
2Blue Island, Village of Burnham, City of Calumet City, Village
3of Calumet Park, City of Chicago Heights, City of Country Club
4Hills, Village of Crestwood, Village of Crete, Village of
5Dixmoor, Village of Dolton, Village of East Hazel Crest,
6Village of Flossmoor, Village of Ford Heights, Village of
7Glenwood, City of Harvey, Village of Hazel Crest, Village of
8Homewood, Village of Lansing, Village of Lynwood, City of
9Markham, Village of Matteson, Village of Midlothian, Village
10of Monee, City of Oak Forest, Village of Olympia Fields,
11Village of Orland Hills, Village of Orland Park, City of Palos
12Heights, Village of Park Forest, Village of Phoenix, Village
13of Posen, Village of Richton Park, Village of Riverdale,
14Village of Robbins, Village of Sauk Village, Village of South
15Chicago Heights, Village of South Holland, Village of Steger,
16Village of Thornton, Village of Tinley Park, Village of
17University Park, and Village of Worth; or (B) if no regional
18capital development plan exists, equally among the communities
19listed in item (A) to be used for capital expenditures or
20public pension payments, or both.
21    (b-8) In lieu of the payments under subsection (b) of this
22Section, from the tax revenue deposited in the State Gaming
23Fund pursuant to riverboat or casino gambling operations
24conducted by an owners licensee under paragraph (1) of
25subsection (e-5) of Section 7, an amount equal to the tax
26revenue generated from the privilege tax imposed by paragraph

 

 

SB2070- 27 -LRB102 12936 SMS 18279 b

1(2) of subsection (a-5) that is to be paid to the City of
2Chicago shall be paid monthly, subject to appropriation by the
3General Assembly, as follows: (1) an amount equal to 0.5% of
4the annual adjusted gross receipts generated by the owners
5licensee under paragraph (1) of subsection (e-5) of Section 7
6to the home rule county in which the owners licensee is located
7for the purpose of enhancing the county's criminal justice
8system; and (2) the balance to the City of Chicago and shall be
9expended or obligated by the City of Chicago for pension
10payments in accordance with Public Act 99-506.
11    (c) Appropriations, as approved by the General Assembly,
12may be made from the State Gaming Fund to the Board (i) for the
13administration and enforcement of this Act and the Video
14Gaming Act, (ii) for distribution to the Department of State
15Police and to the Department of Revenue for the enforcement of
16this Act and the Video Gaming Act, and (iii) to the Department
17of Human Services for the administration of programs to treat
18problem gambling, including problem gambling from sports
19wagering. The Board's annual appropriations request must
20separately state its funding needs for the regulation of
21gaming authorized under Section 7.7, riverboat gaming, casino
22gaming, video gaming, and sports wagering.
23    (c-2) An amount equal to 2% of the adjusted gross receipts
24generated by an organization gaming facility located within a
25home rule county with a population of over 3,000,000
26inhabitants shall be paid, subject to appropriation from the

 

 

SB2070- 28 -LRB102 12936 SMS 18279 b

1General Assembly, from the State Gaming Fund to the home rule
2county in which the organization gaming licensee is located
3for the purpose of enhancing the county's criminal justice
4system.
5    (c-3) Appropriations, as approved by the General Assembly,
6may be made from the tax revenue deposited into the State
7Gaming Fund from organization gaming licensees pursuant to
8this Section for the administration and enforcement of this
9Act.
10    (c-4) After payments required under subsections (b),
11(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
12the tax revenue from organization gaming licensees deposited
13into the State Gaming Fund under this Section, all remaining
14amounts from organization gaming licensees shall be
15transferred into the Capital Projects Fund.
16    (c-5) (Blank).
17    (c-10) Each year the General Assembly shall appropriate
18from the General Revenue Fund to the Education Assistance Fund
19an amount equal to the amount paid into the Horse Racing Equity
20Fund pursuant to subsection (c-5) in the prior calendar year.
21    (c-15) After the payments required under subsections (b),
22(c), and (c-5) have been made, an amount equal to 2% of the
23adjusted gross receipts of (1) an owners licensee that
24relocates pursuant to Section 11.2, (2) an owners licensee
25conducting riverboat gambling operations pursuant to an owners
26license that is initially issued after June 25, 1999, or (3)

 

 

SB2070- 29 -LRB102 12936 SMS 18279 b

1the first riverboat gambling operations conducted by a
2licensed manager on behalf of the State under Section 7.3,
3whichever comes first, shall be paid, subject to appropriation
4from the General Assembly, from the State Gaming Fund to each
5home rule county with a population of over 3,000,000
6inhabitants for the purpose of enhancing the county's criminal
7justice system.
8    (c-20) Each year the General Assembly shall appropriate
9from the General Revenue Fund to the Education Assistance Fund
10an amount equal to the amount paid to each home rule county
11with a population of over 3,000,000 inhabitants pursuant to
12subsection (c-15) in the prior calendar year.
13    (c-21) After the payments required under subsections (b),
14(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
15been made, an amount equal to 0.5% of the adjusted gross
16receipts generated by the owners licensee under paragraph (1)
17of subsection (e-5) of Section 7 shall be paid monthly,
18subject to appropriation from the General Assembly, from the
19State Gaming Fund to the home rule county in which the owners
20licensee is located for the purpose of enhancing the county's
21criminal justice system.
22    (c-22) After the payments required under subsections (b),
23(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
24(c-21) have been made, an amount equal to 2% of the adjusted
25gross receipts generated by the owners licensee under
26paragraph (5) of subsection (e-5) of Section 7 shall be paid,

 

 

SB2070- 30 -LRB102 12936 SMS 18279 b

1subject to appropriation from the General Assembly, from the
2State Gaming Fund to the home rule county in which the owners
3licensee is located for the purpose of enhancing the county's
4criminal justice system.
5    (c-25) From July 1, 2013 and each July 1 thereafter
6through July 1, 2019, $1,600,000 shall be transferred from the
7State Gaming Fund to the Chicago State University Education
8Improvement Fund.
9    On July 1, 2020 and each July 1 thereafter, $3,000,000
10shall be transferred from the State Gaming Fund to the Chicago
11State University Education Improvement Fund.
12    (c-30) On July 1, 2013 or as soon as possible thereafter,
13$92,000,000 shall be transferred from the State Gaming Fund to
14the School Infrastructure Fund and $23,000,000 shall be
15transferred from the State Gaming Fund to the Horse Racing
16Equity Fund.
17    (c-35) Beginning on July 1, 2013, in addition to any
18amount transferred under subsection (c-30) of this Section,
19$5,530,000 shall be transferred monthly from the State Gaming
20Fund to the School Infrastructure Fund.
21    (d) From time to time, the Board shall transfer the
22remainder of the funds generated by this Act into the
23Education Assistance Fund, created by Public Act 86-0018, of
24the State of Illinois.
25    (e) Nothing in this Act shall prohibit the unit of local
26government designated as the home dock of the riverboat from

 

 

SB2070- 31 -LRB102 12936 SMS 18279 b

1entering into agreements with other units of local government
2in this State or in other states to share its portion of the
3tax revenue.
4    (f) To the extent practicable, the Board shall administer
5and collect the wagering taxes imposed by this Section in a
6manner consistent with the provisions of Sections 4, 5, 5a,
75b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
8the Retailers' Occupation Tax Act and Section 3-7 of the
9Uniform Penalty and Interest Act.
10(Source: P.A. 101-31, Article 25, Section 25-910, eff.
116-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
12101-648, eff. 6-30-20.)
 
13    Section 10. The Sports Wagering Act is amended by changing
14Sections 25-15 and 25-90 as follows:
 
15    (230 ILCS 45/25-15)
16    Sec. 25-15. Board duties and powers.
17    (a) Except for sports wagering conducted under Section
1825-70, the Board shall have the authority to regulate the
19conduct of sports wagering under this Act.
20    (b) The Board may adopt any rules the Board considers
21necessary for the successful implementation, administration,
22and enforcement of this Act, except for Section 25-70. Rules
23proposed by the Board may be adopted as emergency rules
24pursuant to Section 5-45 of the Illinois Administrative

 

 

SB2070- 32 -LRB102 12936 SMS 18279 b

1Procedure Act.
2    (c) The Board shall levy and collect all fees, surcharges,
3civil penalties, and monthly taxes on adjusted gross sports
4wagering receipts imposed by this Act and deposit all moneys
5into the Sports Wagering Fund, except as otherwise provided
6under this Act.
7    (d) The Board may exercise any other powers necessary to
8enforce the provisions of this Act that it regulates and the
9rules of the Board.
10    (e) The Board shall adopt rules for a license to be
11employed by a master sports wagering licensee when the
12employee works in a designated gaming area that has sports
13wagering or performs duties in furtherance of or associated
14with the operation of sports wagering by the master sports
15wagering licensee (occupational license), which shall require
16an annual license fee of $250. However, occupational licenses
17issued under the Illinois Gambling Act for employees of an
18owners license or organization gaming licensee, once granted,
19are considered equivalent licenses to work in sports wagering
20positions located at the same gaming facility. License fees
21shall be deposited into the State Gaming Fund and used for the
22administration of this Act.
23    (f) The Board may require that licensees share, in real
24time and at the sports wagering account level, information
25regarding a wagerer, amount and type of wager, the time the
26wager was placed, the location of the wager, including the

 

 

SB2070- 33 -LRB102 12936 SMS 18279 b

1Internet protocol address, if applicable, the outcome of the
2wager, and records of abnormal wagering activity. Information
3shared under this subsection (f) must be submitted in the form
4and manner as required by rule. If a sports governing body has
5notified the Board that real-time information sharing for
6wagers placed on its sports events is necessary and desirable,
7licensees may share the same information in the form and
8manner required by the Board by rule with the sports governing
9body or its designee with respect to wagers on its sports
10events subject to applicable federal, State, or local laws or
11regulations, including, without limitation, privacy laws and
12regulations. Such information may be provided in anonymized
13form and may be used by a sports governing body solely for
14integrity purposes. For purposes of this subsection (f),
15"real-time" means a commercially reasonable periodic interval.
16    (g) A master sports wagering licensee, professional sports
17team, league, or association, sports governing body, or
18institution of higher education may submit to the Board in
19writing a request to prohibit a type or form of wagering if the
20master sports wagering licensee, professional sports team,
21league, or association, sports governing body, or institution
22of higher education believes that such wagering by type or
23form is contrary to public policy, unfair to consumers, or
24affects the integrity of a particular sport or the sports
25betting industry. The Board shall grant the request upon a
26demonstration of good cause from the requester and

 

 

SB2070- 34 -LRB102 12936 SMS 18279 b

1consultation with licensees. The Board shall respond to a
2request pursuant to this subsection (g) concerning a
3particular event before the start of the event or, if it is not
4feasible to respond before the start of the event, as soon as
5practicable.
6    (h) The Board and master sports wagering licensees may
7cooperate with investigations conducted by sports governing
8bodies or law enforcement agencies, including, but not limited
9to, providing and facilitating the provision of account-level
10betting information and audio or video files relating to
11persons placing wagers.
12    (i) A master sports wagering licensee shall make
13commercially reasonable efforts to promptly notify the Board
14any information relating to:
15        (1) criminal or disciplinary proceedings commenced
16    against the master sports wagering licensee in connection
17    with its operations;
18        (2) abnormal wagering activity or patterns that may
19    indicate a concern with the integrity of a sports event or
20    sports events;
21        (3) any potential breach of the relevant sports
22    governing body's internal rules and codes of conduct
23    pertaining to sports wagering that a licensee has
24    knowledge of;
25        (4) any other conduct that corrupts a wagering outcome
26    of a sports event or sports events for purposes of

 

 

SB2070- 35 -LRB102 12936 SMS 18279 b

1    financial gain, including match fixing; and
2        (5) suspicious or illegal wagering activities,
3    including use of funds derived from illegal activity,
4    wagers to conceal or launder funds derived from illegal
5    activity, using agents to place wagers, and using false
6    identification.
7    A master sports wagering licensee shall also make
8commercially reasonable efforts to promptly report information
9relating to conduct described in paragraphs (2), (3), and (4)
10of this subsection (i) to the relevant sports governing body.
11(Source: P.A. 101-31, eff. 6-28-19.)
 
12    (230 ILCS 45/25-90)
13    Sec. 25-90. Tax; Sports Wagering Fund.
14    (a) For the privilege of holding a license to operate
15sports wagering under this Act, this State shall impose and
16collect 15% of a master sports wagering licensee's adjusted
17gross sports wagering receipts from sports wagering. The
18accrual method of accounting shall be used for purposes of
19calculating the amount of the tax owed by the licensee.
20    The taxes levied and collected pursuant to this subsection
21(a) are due and payable to the Board no later than the last day
22of the month following the calendar month in which the
23adjusted gross sports wagering receipts were received and the
24tax obligation was accrued.
25    (a-5) In addition to the tax imposed under subsection (a)

 

 

SB2070- 36 -LRB102 12936 SMS 18279 b

1of this Section, for the privilege of holding a license to
2operate sports wagering under this Act, the State shall impose
3and collect 2% of the adjusted gross receipts from sports
4wagers that are placed within a home rule county with a
5population of over 3,000,000 inhabitants, which shall be paid,
6subject to appropriation from the General Assembly, from the
7Sports Wagering Fund to that home rule county for the purpose
8of enhancing the county's criminal justice system.
9    (a-10) Beginning on the effective date of this amendatory
10Act of the 102nd General Assembly, the calculation of adjusted
11gross sports wagering receipts, for the purposes of this
12Section, for a master sports wagering licensee shall not
13include the dollar amount of non-cashable vouchers, coupons,
14and electronic promotions redeemed by wagerers upon the master
15sports wagering licensee up to and including an amount not to
16exceed 20% of a master sports wagering licensee's adjusted
17gross sports wagering receipts. At the end of each month there
18shall be a reconciliation calculation dividing the total daily
19promotional costs by the total daily adjusted gross sports
20wagering receipts to determine any adjustment to the daily
21credits not to exceed 20% of the monthly adjusted gross sports
22wagering receipts for each master sports wagering licensee.
23Additionally, at the end of each calendar year there shall be a
24reconciliation calculation dividing the total annual
25promotional costs by the total annual adjusted gross sports
26wagering receipts to determine any adjustment to the credits

 

 

SB2070- 37 -LRB102 12936 SMS 18279 b

1not to exceed 20% of the annual adjusted gross sports wagering
2receipts for each master sports wagering licensee. Any
3additional credits due shall be deducted from the next tax
4payments until all credits have been taken.
5    The Illinois Gaming Board shall submit to the General
6Assembly a comprehensive report no later than March 31, 2025
7detailing, at a minimum, the effect of removing non-cashable
8vouchers, coupons, and electronic promotions from this
9calculation on net sports wagering revenues to the State in
10calendar years 2022 through 2024, the increase or reduction in
11wagerers as a result of removing non-cashable vouchers,
12coupons, and electronic promotions from this calculation, the
13effect of the tax rates in subsection (a-5) on net sports
14wagering revenues to this State, and proposed modifications to
15the calculation.
16    (b) The Sports Wagering Fund is hereby created as special
17fund in the State treasury. Except as otherwise provided in
18this Act, all moneys collected under this Act by the Board
19shall be deposited into the Sports Wagering Fund. On the 25th
20of each month, any moneys remaining in the Sports Wagering
21Fund shall be transferred to the Capital Projects Fund.
22(Source: P.A. 101-31, eff. 6-28-19.)