Illinois General Assembly - Full Text of HB3136
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Full Text of HB3136  102nd General Assembly

HB3136enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3136 EnrolledLRB102 14595 SPS 19948 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is
5amended by changing Sections 19.5, 21, and 31 as follows:
 
6    (230 ILCS 5/19.5)
7    Sec. 19.5. Standardbred racetrack in Cook County.
8Notwithstanding anything in this Act to the contrary, in
9addition to organization licenses issued by the Board on the
10effective date of this amendatory Act of the 101st General
11Assembly, the Board shall issue an organization license
12limited to standardbred racing to a racetrack located in one
13of the following townships of Cook County: Bloom, Bremen,
14Calumet, Orland, Rich, Thornton, or Worth. This additional
15organization license shall not be issued within a 35-mile
16radius of another organization license issued by the Board on
17the effective date of this amendatory Act of the 101st General
18Assembly, unless the person having operating control of such
19racetrack has given written consent to the organization
20licensee applicant, which consent must be filed with the Board
21at or prior to the time application is made. The organization
22license application shall be submitted to the Board and the
23Board may grant the organization license at any meeting of the

 

 

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1Board. The Board shall examine the application within 21 days
2after receipt of the application with respect to its
3conformity with this Act and the rules adopted by the Board. If
4the application does not comply with this Act or the rules
5adopted by the Board, the application may be rejected and an
6organization license refused to the applicant, or the Board
7may, within 21 days after receipt of the application, advise
8the applicant of the deficiencies of the application under the
9Act or the rules of the Board and require the submittal of an
10amended application within a reasonable time determined by the
11Board; upon submittal of the amended application by the
12applicant, the Board may consider the application consistent
13with the process described in subsection (e-5) of Section 20.
14If the application is found to be in compliance with this Act
15and the rules of the Board, the Board shall then issue an
16organization license to the applicant. Once the organization
17license is granted, shall be granted upon application, and the
18licensee shall have all of the current and future rights of
19existing Illinois racetracks, including, but not limited to,
20the ability to obtain an inter-track wagering license, the
21ability to obtain inter-track wagering location licenses, the
22ability to obtain an organization gaming license pursuant to
23the Illinois Gambling Act with 1,200 gaming positions, and the
24ability to offer Internet wagering on horse racing.
25(Source: P.A. 101-31, eff. 6-28-19.)
 

 

 

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1    (230 ILCS 5/21)  (from Ch. 8, par. 37-21)
2    Sec. 21. (a) Applications for organization licenses must
3be filed with the Board at a time and place prescribed by the
4rules and regulations of the Board. The Board shall examine
5the applications within 21 days after the date allowed for
6filing with respect to their conformity with this Act and such
7rules and regulations as may be prescribed by the Board. If any
8application does not comply with this Act or the rules and
9regulations prescribed by the Board, such application may be
10rejected and an organization license refused to the applicant,
11or the Board may, within 21 days of the receipt of such
12application, advise the applicant of the deficiencies of the
13application under the Act or the rules and regulations of the
14Board, and require the submittal of an amended application
15within a reasonable time determined by the Board; and upon
16submittal of the amended application by the applicant, the
17Board may consider the application consistent with the process
18described in subsection (e-5) of Section 20 of this Act. If it
19is found to be in compliance with this Act and the rules and
20regulations of the Board, the Board may then issue an
21organization license to such applicant.
22    (b) The Board may exercise discretion in granting racing
23dates to qualified applicants different from those requested
24by the applicants in their applications. However, if all
25eligible applicants for organization licenses whose tracks are
26located within 100 miles of each other execute and submit to

 

 

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1the Board a written agreement among such applicants as to the
2award of racing dates, including where applicable racing
3programs, for up to 3 consecutive years, then subject to
4annual review of each applicant's compliance with Board rules
5and regulations, provisions of this Act and conditions
6contained in annual dates orders issued by the Board, the
7Board may grant such dates and programs to such applicants as
8so agreed by them if the Board determines that the grant of
9these racing dates is in the best interests of racing. The
10Board shall treat any such agreement as the agreement
11signatories' joint and several application for racing dates
12during the term of the agreement.
13    (c) Where 2 or more applicants propose to conduct horse
14race meetings within 35 miles of each other, as certified to
15the Board under Section 19 (a) (1) of this Act, on conflicting
16dates, the Board may determine and grant the number of racing
17days to be awarded to the several applicants in accordance
18with the provisions of subsection (e-5) of Section 20 of this
19Act.
20    (d) (Blank).
21    (e) Prior to the issuance of an organization license, the
22applicant shall file with the Board the bond required in
23subsection (d) of Section 27 a bond payable to the State of
24Illinois in the sum of $200,000, executed by the applicant and
25a surety company or companies authorized to do business in
26this State, and conditioned upon the payment by the

 

 

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1organization licensee of all taxes due under Section 27, other
2monies due and payable under this Act, all purses due and
3payable, and that the organization licensee will upon
4presentation of the winning ticket or tickets distribute all
5sums due to the patrons of pari-mutuel pools. Beginning on the
6date when any organization licensee begins conducting gaming
7pursuant to an organization gaming license issued under the
8Illinois Gambling Act, the amount of the bond required under
9this subsection (e) shall be $500,000.
10    (f) Each organization license shall specify the person to
11whom it is issued, the dates upon which horse racing is
12permitted, and the location, place, track, or enclosure where
13the horse race meeting is to be held.
14    (g) Any person who owns one or more race tracks within the
15State may seek, in its own name, a separate organization
16license for each race track.
17    (h) All racing conducted under such organization license
18is subject to this Act and to the rules and regulations from
19time to time prescribed by the Board, and every such
20organization license issued by the Board shall contain a
21recital to that effect.
22    (i) Each such organization licensee may provide that at
23least one race per day may be devoted to the racing of quarter
24horses, appaloosas, arabians, or paints.
25    (j) In acting on applications for organization licenses,
26the Board shall give weight to an organization license which

 

 

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1has implemented a good faith affirmative action effort to
2recruit, train and upgrade minorities in all classifications
3within the organization license.
4(Source: P.A. 101-31, eff. 6-28-19.)
 
5    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)
6    Sec. 31. (a) The General Assembly declares that it is the
7policy of this State to encourage the breeding of standardbred
8horses in this State and the ownership of such horses by
9residents of this State in order to provide for: sufficient
10numbers of high quality standardbred horses to participate in
11harness racing meetings in this State, and to establish and
12preserve the agricultural and commercial benefits of such
13breeding and racing industries to the State of Illinois. It is
14the intent of the General Assembly to further this policy by
15the provisions of this Section of this Act.
16    (b) Each organization licensee conducting a harness racing
17meeting pursuant to this Act shall provide for at least two
18races each race program limited to Illinois conceived and
19foaled horses. A minimum of 6 races shall be conducted each
20week limited to Illinois conceived and foaled horses. No
21horses shall be permitted to start in such races unless duly
22registered under the rules of the Department of Agriculture.
23    (b-5) Organization licensees, not including the Illinois
24State Fair or the DuQuoin State Fair, shall provide stake
25races and early closer races for Illinois conceived and foaled

 

 

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1horses so that purses distributed for such races shall be no
2less than 17% of total purses distributed for harness racing
3in that calendar year in addition to any stakes payments and
4starting fees contributed by horse owners.
5    (b-10) Each organization licensee conducting a harness
6racing meeting pursuant to this Act shall provide an owner
7award to be paid from the purse account equal to 12% of the
8amount earned by Illinois conceived and foaled horses
9finishing in the first 3 positions in races that are not
10restricted to Illinois conceived and foaled horses. The owner
11awards shall not be paid on races below the $10,000 claiming
12class.
13    (c) Conditions of races under subsection (b) shall be
14commensurate with past performance, quality and class of
15Illinois conceived and foaled horses available. If, however,
16sufficient competition cannot be had among horses of that
17class on any day, the races may, with consent of the Board, be
18eliminated for that day and substitute races provided.
19    (d) There is hereby created a special fund of the State
20Treasury to be known as the Illinois Standardbred Breeders
21Fund. Beginning on June 28, 2019 (the effective date of Public
22Act 101-31), the Illinois Standardbred Breeders Fund shall
23become a non-appropriated trust fund held separate and apart
24from State moneys. Expenditures from this Fund shall no longer
25be subject to appropriation.
26    During the calendar year 1981, and each year thereafter,

 

 

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1except as provided in subsection (g) of Section 27 of this Act,
2eight and one-half per cent of all the monies received by the
3State as privilege taxes on harness racing meetings shall be
4paid into the Illinois Standardbred Breeders Fund.
5    (e) Notwithstanding any provision of law to the contrary,
6amounts deposited into the Illinois Standardbred Breeders Fund
7from revenues generated by gaming pursuant to an organization
8gaming license issued under the Illinois Gambling Act after
9June 28, 2019 (the effective date of Public Act 101-31) shall
10be in addition to tax and fee amounts paid under this Section
11for calendar year 2019 and thereafter. The Illinois
12Standardbred Breeders Fund shall be administered by the
13Department of Agriculture with the assistance and advice of
14the Advisory Board created in subsection (f) of this Section.
15    (f) The Illinois Standardbred Breeders Fund Advisory Board
16is hereby created. The Advisory Board shall consist of the
17Director of the Department of Agriculture, who shall serve as
18Chairman; the Superintendent of the Illinois State Fair; a
19member of the Illinois Racing Board, designated by it; a
20representative of the largest association of Illinois
21standardbred owners and breeders, recommended by it; a
22representative of a statewide association representing
23agricultural fairs in Illinois, recommended by it, such
24representative to be from a fair at which Illinois conceived
25and foaled racing is conducted; a representative of the
26organization licensees conducting harness racing meetings,

 

 

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1recommended by them; a representative of the Breeder's
2Committee of the association representing the largest number
3of standardbred owners, breeders, trainers, caretakers, and
4drivers, recommended by it; and a representative of the
5association representing the largest number of standardbred
6owners, breeders, trainers, caretakers, and drivers,
7recommended by it. Advisory Board members shall serve for 2
8years commencing January 1 of each odd numbered year. If
9representatives of the largest association of Illinois
10standardbred owners and breeders, a statewide association of
11agricultural fairs in Illinois, the association representing
12the largest number of standardbred owners, breeders, trainers,
13caretakers, and drivers, a member of the Breeder's Committee
14of the association representing the largest number of
15standardbred owners, breeders, trainers, caretakers, and
16drivers, and the organization licensees conducting harness
17racing meetings have not been recommended by January 1 of each
18odd numbered year, the Director of the Department of
19Agriculture shall make an appointment for the organization
20failing to so recommend a member of the Advisory Board.
21Advisory Board members shall receive no compensation for their
22services as members but shall be reimbursed for all actual and
23necessary expenses and disbursements incurred in the execution
24of their official duties.
25    (g) Monies expended from the Illinois Standardbred
26Breeders Fund shall be expended by the Department of

 

 

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1Agriculture, with the assistance and advice of the Illinois
2Standardbred Breeders Fund Advisory Board for the following
3purposes only:
4        1. To provide purses for races limited to Illinois
5    conceived and foaled horses at the State Fair and the
6    DuQuoin State Fair.
7        2. To provide purses for races limited to Illinois
8    conceived and foaled horses at county fairs.
9        3. To provide purse supplements for races limited to
10    Illinois conceived and foaled horses conducted by
11    associations conducting harness racing meetings.
12        4. No less than 75% of all monies in the Illinois
13    Standardbred Breeders Fund shall be expended for purses in
14    1, 2, and 3 as shown above.
15        5. In the discretion of the Department of Agriculture
16    to provide awards to harness breeders of Illinois
17    conceived and foaled horses which win races conducted by
18    organization licensees conducting harness racing meetings.
19    A breeder is the owner of a mare at the time of conception.
20    No more than 10% of all monies appropriated from the
21    Illinois Standardbred Breeders Fund shall be expended for
22    such harness breeders awards. No more than 25% of the
23    amount expended for harness breeders awards shall be
24    expended for expenses incurred in the administration of
25    such harness breeders awards.
26        6. To pay for the improvement of racing facilities

 

 

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1    located at the State Fair and County fairs.
2        7. To pay the expenses incurred in the administration
3    of the Illinois Standardbred Breeders Fund.
4        8. To promote the sport of harness racing, including
5    grants up to a maximum of $7,500 per fair per year for
6    conducting pari-mutuel wagering during the advertised
7    dates of a county fair.
8        9. To pay up to $50,000 annually for the Department of
9    Agriculture to conduct drug testing at county fairs racing
10    standardbred horses.
11    (h) The Illinois Standardbred Breeders Fund is not subject
12to administrative charges or chargebacks, including, but not
13limited to, those authorized under Section 8h of the State
14Finance Act.
15    (i) A sum equal to 13% of the first prize money of the
16gross purse won by an Illinois conceived and foaled horse
17shall be paid 50% by the organization licensee conducting the
18horse race meeting to the breeder of such winning horse from
19the organization licensee's account and 50% from the purse
20account of the licensee. Such payment shall not reduce any
21award to the owner of the horse or reduce the taxes payable
22under this Act. Such payment shall be delivered by the
23organization licensee at the end of each quarter.
24    (j) The Department of Agriculture shall, by rule, with the
25assistance and advice of the Illinois Standardbred Breeders
26Fund Advisory Board:

 

 

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1        1. Qualify stallions for Illinois Standardbred
2    Breeders Fund breeding; such stallion shall be owned by a
3    resident of the State of Illinois or by an Illinois
4    corporation all of whose shareholders, directors, officers
5    and incorporators are residents of the State of Illinois.
6    Such stallion shall stand for service at and within the
7    State of Illinois at the time of a foal's conception, and
8    such stallion must not stand for service at any place, nor
9    may semen from such stallion be transported, outside the
10    State of Illinois during that calendar year in which the
11    foal is conceived and that the owner of the stallion was
12    for the 12 months prior, a resident of Illinois. However,
13    on and after from January 1, 2018, until January 1, 2022,
14    semen from an Illinois stallion may be transported outside
15    the State of Illinois. The articles of agreement of any
16    partnership, joint venture, limited partnership,
17    syndicate, association or corporation and any bylaws and
18    stock certificates must contain a restriction that
19    provides that the ownership or transfer of interest by any
20    one of the persons a party to the agreement can only be
21    made to a person who qualifies as an Illinois resident.
22        2. Provide for the registration of Illinois conceived
23    and foaled horses and no such horse shall compete in the
24    races limited to Illinois conceived and foaled horses
25    unless registered with the Department of Agriculture. The
26    Department of Agriculture may prescribe such forms as may

 

 

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1    be necessary to determine the eligibility of such horses.
2    No person shall knowingly prepare or cause preparation of
3    an application for registration of such foals containing
4    false information. A mare (dam) must be in the State at
5    least 30 days prior to foaling or remain in the State at
6    least 30 days at the time of foaling. However, the
7    requirement that a mare (dam) must be in the State at least
8    30 days before foaling or remain in the State at least 30
9    days at the time of foaling shall not be in effect from
10    January 1, 2018 until January 1, 2022. Beginning with the
11    1996 breeding season and for foals of 1997 and thereafter,
12    a foal conceived by transported semen may be eligible for
13    Illinois conceived and foaled registration provided all
14    breeding and foaling requirements are met. The stallion
15    must be qualified for Illinois Standardbred Breeders Fund
16    breeding at the time of conception and the mare must be
17    inseminated within the State of Illinois. The foal must be
18    dropped in Illinois and properly registered with the
19    Department of Agriculture in accordance with this Act.
20    However, from January 1, 2018 until January 1, 2022, the
21    requirement for a mare to be inseminated within the State
22    of Illinois and the requirement for a foal to be dropped in
23    Illinois are inapplicable.
24        3. Provide that at least a 5-day racing program shall
25    be conducted at the State Fair each year, unless an
26    alternate racing program is requested by the Illinois

 

 

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1    Standardbred Breeders Fund Advisory Board, which program
2    shall include at least the following races limited to
3    Illinois conceived and foaled horses: (a) a 2-year-old
4    Trot and Pace, and Filly Division of each; (b) a
5    3-year-old Trot and Pace, and Filly Division of each; (c)
6    an aged Trot and Pace, and Mare Division of each.
7        4. Provide for the payment of nominating, sustaining
8    and starting fees for races promoting the sport of harness
9    racing and for the races to be conducted at the State Fair
10    as provided in subsection (j) 3 of this Section provided
11    that the nominating, sustaining and starting payment
12    required from an entrant shall not exceed 2% of the purse
13    of such race. All nominating, sustaining and starting
14    payments shall be held for the benefit of entrants and
15    shall be paid out as part of the respective purses for such
16    races. Nominating, sustaining and starting fees shall be
17    held in trust accounts for the purposes as set forth in
18    this Act and in accordance with Section 205-15 of the
19    Department of Agriculture Law.
20        5. Provide for the registration with the Department of
21    Agriculture of Colt Associations or county fairs desiring
22    to sponsor races at county fairs.
23        6. Provide for the promotion of producing standardbred
24    racehorses by providing a bonus award program for owners
25    of 2-year-old horses that win multiple major stakes races
26    that are limited to Illinois conceived and foaled horses.

 

 

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1    (k) The Department of Agriculture, with the advice and
2assistance of the Illinois Standardbred Breeders Fund Advisory
3Board, may allocate monies for purse supplements for such
4races. In determining whether to allocate money and the
5amount, the Department of Agriculture shall consider factors,
6including, but not limited to, the amount of money
7appropriated for the Illinois Standardbred Breeders Fund
8program, the number of races that may occur, and an
9organization licensee's purse structure. The organization
10licensee shall notify the Department of Agriculture of the
11conditions and minimum purses for races limited to Illinois
12conceived and foaled horses to be conducted by each
13organization licensee conducting a harness racing meeting for
14which purse supplements have been negotiated.
15    (l) All races held at county fairs and the State Fair which
16receive funds from the Illinois Standardbred Breeders Fund
17shall be conducted in accordance with the rules of the United
18States Trotting Association unless otherwise modified by the
19Department of Agriculture.
20    (m) At all standardbred race meetings held or conducted
21under authority of a license granted by the Board, and at all
22standardbred races held at county fairs which are approved by
23the Department of Agriculture or at the Illinois or DuQuoin
24State Fairs, no one shall jog, train, warm up or drive a
25standardbred horse unless he or she is wearing a protective
26safety helmet, with the chin strap fastened and in place,

 

 

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1which meets the standards and requirements as set forth in the
21984 Standard for Protective Headgear for Use in Harness
3Racing and Other Equestrian Sports published by the Snell
4Memorial Foundation, or any standards and requirements for
5headgear the Illinois Racing Board may approve. Any other
6standards and requirements so approved by the Board shall
7equal or exceed those published by the Snell Memorial
8Foundation. Any equestrian helmet bearing the Snell label
9shall be deemed to have met those standards and requirements.
10(Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19;
11102-558, eff. 8-20-21.)
 
12    Section 15. The Illinois Gambling Act is amended by
13changing Sections 8 and 13 and by adding Section 8.1 as
14follows:
 
15    (230 ILCS 10/8)  (from Ch. 120, par. 2408)
16    Sec. 8. Suppliers licenses.
17    (a) The Board may issue a suppliers license to such
18persons, firms or corporations which apply therefor upon the
19payment of a non-refundable application fee set by the Board,
20upon a determination by the Board that the applicant is
21eligible for a suppliers license and upon payment of a $5,000
22annual license fee. At the time of application for a supplier
23license under this Act, a person that holds a license as a
24manufacturer, distributor, or supplier under the Video Gaming

 

 

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1Act or a supplier license under the Sports Wagering Act shall
2be entitled to licensure under this Act as a supplier without
3additional Board investigation or approval, except by vote of
4the Board; however, the applicant shall pay all fees required
5for a suppliers license under this Act.
6    (a-5) Except as provided by Section 8.1, the initial
7suppliers license shall be issued for 4 years. Thereafter, the
8license may be renewed for additional 4-year periods unless
9sooner canceled or terminated.
10    (b) The holder of a suppliers license is authorized to
11sell or lease, and to contract to sell or lease, gambling
12equipment and supplies to any licensee involved in the
13ownership or management of gambling operations.
14    (c) Gambling supplies and equipment may not be distributed
15unless supplies and equipment conform to standards adopted by
16rules of the Board.
17    (d) A person, firm or corporation is ineligible to receive
18a suppliers license if:
19        (1) the person has been convicted of a felony under
20    the laws of this State, any other state, or the United
21    States;
22        (2) the person has been convicted of any violation of
23    Article 28 of the Criminal Code of 1961 or the Criminal
24    Code of 2012, or substantially similar laws of any other
25    jurisdiction;
26        (3) the person has submitted an application for a

 

 

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1    license under this Act which contains false information;
2        (4) the person is a member of the Board;
3        (5) the entity is one in which a person defined in (1),
4    (2), (3) or (4), is an officer, director or managerial
5    employee;
6        (6) the firm or corporation employs a person who
7    participates in the management or operation of gambling
8    authorized under this Act;
9        (7) the license of the person, firm or corporation
10    issued under this Act, or a license to own or operate
11    gambling facilities in any other jurisdiction, has been
12    revoked.
13    (e) Any person that supplies any equipment, devices, or
14supplies to a licensed gambling operation must first obtain a
15suppliers license. A supplier shall furnish to the Board a
16list of all equipment, devices and supplies offered for sale
17or lease in connection with gambling games authorized under
18this Act. A supplier shall keep books and records for the
19furnishing of equipment, devices and supplies to gambling
20operations separate and distinct from any other business that
21the supplier might operate. A supplier shall file a quarterly
22return with the Board listing all sales and leases. A supplier
23shall permanently affix its name or a distinctive logo or
24other mark or design element identifying the manufacturer or
25supplier to all its equipment, devices, and supplies, except
26gaming chips without a value impressed, engraved, or imprinted

 

 

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1on it, for gambling operations. The Board may waive this
2requirement for any specific product or products if it
3determines that the requirement is not necessary to protect
4the integrity of the game. Items purchased from a licensed
5supplier may continue to be used even though the supplier
6subsequently changes its name, distinctive logo, or other mark
7or design element; undergoes a change in ownership; or ceases
8to be licensed as a supplier for any reason. Any supplier's
9equipment, devices or supplies which are used by any person in
10an unauthorized gambling operation shall be forfeited to the
11State. A holder of an owners license or an organization gaming
12license may own its own equipment, devices and supplies. Each
13holder of an owners license or an organization gaming license
14under the Act shall file an annual report listing its
15inventories of gambling equipment, devices and supplies.
16    (f) Any person who knowingly makes a false statement on an
17application is guilty of a Class A misdemeanor.
18    (g) Any gambling equipment, devices and supplies provided
19by any licensed supplier may either be repaired on the
20riverboat, in the casino, or at the organization gaming
21facility or removed from the riverboat, casino, or
22organization gaming facility to a facility owned by the holder
23of an owners license, organization gaming license, or
24suppliers license for repair.
25(Source: P.A. 101-31, eff. 6-28-19.)
 

 

 

HB3136 Enrolled- 20 -LRB102 14595 SPS 19948 b

1    (230 ILCS 10/8.1 new)
2    Sec. 8.1. Harmonization of supplier category licenses.
3    (a) As used in this Section, "supplier category license"
4means a suppliers license issued under this Act, a supplier
5license issued under the Sports Wagering Act, or a
6manufacturer, distributor, or supplier license issued under
7the Video Gaming Act.
8    (b) If a holder of any supplier category license is
9granted an additional supplier category license, the initial
10period of the new supplier category license shall expire at
11the earliest expiration date of any other supplier category
12license held by the licensee. If a licensee holds multiple
13supplier category licenses on the effective date of this
14amendatory Act of the 102nd General Assembly, all supplier
15category licenses shall expire at the earliest expiration date
16of any of the supplier category licenses held by the licensee.
 
17    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
18    Sec. 13. Wagering tax; rate; distribution.
19    (a) Until January 1, 1998, a tax is imposed on the adjusted
20gross receipts received from gambling games authorized under
21this Act at the rate of 20%.
22    (a-1) From January 1, 1998 until July 1, 2002, a privilege
23tax is imposed on persons engaged in the business of
24conducting riverboat gambling operations, based on the
25adjusted gross receipts received by a licensed owner from

 

 

HB3136 Enrolled- 21 -LRB102 14595 SPS 19948 b

1gambling games authorized under this Act at the following
2rates:
3        15% of annual adjusted gross receipts up to and
4    including $25,000,000;
5        20% of annual adjusted gross receipts in excess of
6    $25,000,000 but not exceeding $50,000,000;
7        25% of annual adjusted gross receipts in excess of
8    $50,000,000 but not exceeding $75,000,000;
9        30% of annual adjusted gross receipts in excess of
10    $75,000,000 but not exceeding $100,000,000;
11        35% of annual adjusted gross receipts in excess of
12    $100,000,000.
13    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
14is imposed on persons engaged in the business of conducting
15riverboat gambling operations, other than licensed managers
16conducting riverboat gambling operations on behalf of the
17State, based on the adjusted gross receipts received by a
18licensed owner from gambling games authorized under this Act
19at 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    (a-3) Beginning July 1, 2003, a privilege tax is imposed
9on persons engaged in the business of conducting riverboat
10gambling operations, other than licensed managers conducting
11riverboat gambling operations on behalf of the State, based on
12the adjusted gross receipts received by a licensed owner from
13gambling games authorized under this Act at the following
14rates:
15        15% of annual adjusted gross receipts up to and
16    including $25,000,000;
17        27.5% of annual adjusted gross receipts in excess of
18    $25,000,000 but not exceeding $37,500,000;
19        32.5% of annual adjusted gross receipts in excess of
20    $37,500,000 but not exceeding $50,000,000;
21        37.5% of annual adjusted gross receipts in excess of
22    $50,000,000 but not exceeding $75,000,000;
23        45% of annual adjusted gross receipts in excess of
24    $75,000,000 but not exceeding $100,000,000;
25        50% of annual adjusted gross receipts in excess of
26    $100,000,000 but not exceeding $250,000,000;

 

 

HB3136 Enrolled- 23 -LRB102 14595 SPS 19948 b

1        70% of annual adjusted gross receipts in excess of
2    $250,000,000.
3    An amount equal to the amount of wagering taxes collected
4under this subsection (a-3) that are in addition to the amount
5of wagering taxes that would have been collected if the
6wagering tax rates under subsection (a-2) were in effect shall
7be paid into the Common School Fund.
8    The privilege tax imposed under this subsection (a-3)
9shall no longer be imposed beginning on the earlier of (i) July
101, 2005; (ii) the first date after June 20, 2003 that riverboat
11gambling operations are conducted pursuant to a dormant
12license; or (iii) the first day that riverboat gambling
13operations are conducted under the authority of an owners
14license that is in addition to the 10 owners licenses
15initially authorized under this Act. For the purposes of this
16subsection (a-3), the term "dormant license" means an owners
17license that is authorized by this Act under which no
18riverboat gambling operations are being conducted on June 20,
192003.
20    (a-4) Beginning on the first day on which the tax imposed
21under subsection (a-3) is no longer imposed and ending upon
22the imposition of the privilege tax under subsection (a-5) of
23this Section, a privilege tax is imposed on persons engaged in
24the business of conducting gambling operations, other than
25licensed managers conducting riverboat gambling operations on
26behalf of the State, based on the adjusted gross receipts

 

 

HB3136 Enrolled- 24 -LRB102 14595 SPS 19948 b

1received by a licensed owner from gambling games authorized
2under this Act at the following rates:
3        15% of annual adjusted gross receipts up to and
4    including $25,000,000;
5        22.5% of annual adjusted gross receipts in excess of
6    $25,000,000 but not exceeding $50,000,000;
7        27.5% of annual adjusted gross receipts in excess of
8    $50,000,000 but not exceeding $75,000,000;
9        32.5% of annual adjusted gross receipts in excess of
10    $75,000,000 but not exceeding $100,000,000;
11        37.5% of annual adjusted gross receipts in excess of
12    $100,000,000 but not exceeding $150,000,000;
13        45% of annual adjusted gross receipts in excess of
14    $150,000,000 but not exceeding $200,000,000;
15        50% of annual adjusted gross receipts in excess of
16    $200,000,000.
17    For the imposition of the privilege tax in this subsection
18(a-4), 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    (a-5)(1) Beginning on July 1, 2020, a privilege tax is
22imposed on persons engaged in the business of conducting
23gambling operations, other than the owners licensee under
24paragraph (1) of subsection (e-5) of Section 7 and licensed
25managers conducting riverboat gambling operations on behalf of
26the State, based on the adjusted gross receipts received by

 

 

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1such licensee from the gambling games authorized under this
2Act. The privilege tax for all gambling games other than table
3games, including, but not limited to, slot machines, video
4game of chance gambling, and electronic gambling games shall
5be at the following rates:
6        15% of annual adjusted gross receipts up to and
7    including $25,000,000;
8        22.5% of annual adjusted gross receipts in excess of
9    $25,000,000 but not exceeding $50,000,000;
10        27.5% of annual adjusted gross receipts in excess of
11    $50,000,000 but not exceeding $75,000,000;
12        32.5% of annual adjusted gross receipts in excess of
13    $75,000,000 but not exceeding $100,000,000;
14        37.5% of annual adjusted gross receipts in excess of
15    $100,000,000 but not exceeding $150,000,000;
16        45% of annual adjusted gross receipts in excess of
17    $150,000,000 but not exceeding $200,000,000;
18        50% of annual adjusted gross receipts in excess of
19    $200,000,000.
20    The privilege tax for table games shall be at the
21following rates:
22        15% of annual adjusted gross receipts up to and
23    including $25,000,000;
24        20% of annual adjusted gross receipts in excess of
25    $25,000,000.
26    For the imposition of the privilege tax in this subsection

 

 

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1(a-5), amounts paid pursuant to item (1) of subsection (b) of
2Section 56 of the Illinois Horse Racing Act of 1975 shall not
3be included in the determination of adjusted gross receipts.
4    (2) Beginning on the first day that an owners licensee
5under paragraph (1) of subsection (e-5) of Section 7 conducts
6gambling operations, either in a temporary facility or a
7permanent facility, a privilege tax is imposed on persons
8engaged in the business of conducting gambling operations
9under paragraph (1) of subsection (e-5) of Section 7, other
10than licensed managers conducting riverboat gambling
11operations on behalf of the State, based on the adjusted gross
12receipts received by such licensee from the gambling games
13authorized under this Act. The privilege tax for all gambling
14games other than table games, including, but not limited to,
15slot machines, video game of chance gambling, and electronic
16gambling games shall be at the following rates:
17        12% of annual adjusted gross receipts up to and
18    including $25,000,000 to the State and 10.5% of annual
19    adjusted gross receipts up to and including $25,000,000 to
20    the City of Chicago;
21        16% of annual adjusted gross receipts in excess of
22    $25,000,000 but not exceeding $50,000,000 to the State and
23    14% of annual adjusted gross receipts in excess of
24    $25,000,000 but not exceeding $50,000,000 to the City of
25    Chicago;
26        20.1% of annual adjusted gross receipts in excess of

 

 

HB3136 Enrolled- 27 -LRB102 14595 SPS 19948 b

1    $50,000,000 but not exceeding $75,000,000 to the State and
2    17.4% of annual adjusted gross receipts in excess of
3    $50,000,000 but not exceeding $75,000,000 to the City of
4    Chicago;
5        21.4% of annual adjusted gross receipts in excess of
6    $75,000,000 but not exceeding $100,000,000 to the State
7    and 18.6% of annual adjusted gross receipts in excess of
8    $75,000,000 but not exceeding $100,000,000 to the City of
9    Chicago;
10        22.7% of annual adjusted gross receipts in excess of
11    $100,000,000 but not exceeding $150,000,000 to the State
12    and 19.8% of annual adjusted gross receipts in excess of
13    $100,000,000 but not exceeding $150,000,000 to the City of
14    Chicago;
15        24.1% of annual adjusted gross receipts in excess of
16    $150,000,000 but not exceeding $225,000,000 to the State
17    and 20.9% of annual adjusted gross receipts in excess of
18    $150,000,000 but not exceeding $225,000,000 to the City of
19    Chicago;
20        26.8% of annual adjusted gross receipts in excess of
21    $225,000,000 but not exceeding $1,000,000,000 to the State
22    and 23.2% of annual adjusted gross receipts in excess of
23    $225,000,000 but not exceeding $1,000,000,000 to the City
24    of Chicago;
25        40% of annual adjusted gross receipts in excess of
26    $1,000,000,000 to the State and 34.7% of annual gross

 

 

HB3136 Enrolled- 28 -LRB102 14595 SPS 19948 b

1    receipts in excess of $1,000,000,000 to the City of
2    Chicago.
3    The privilege tax for table games shall be at the
4following rates:
5        8.1% of annual adjusted gross receipts up to and
6    including $25,000,000 to the State and 6.9% of annual
7    adjusted gross receipts up to and including $25,000,000 to
8    the City of Chicago;
9        10.7% of annual adjusted gross receipts in excess of
10    $25,000,000 but not exceeding $75,000,000 to the State and
11    9.3% of annual adjusted gross receipts in excess of
12    $25,000,000 but not exceeding $75,000,000 to the City of
13    Chicago;
14        11.2% of annual adjusted gross receipts in excess of
15    $75,000,000 but not exceeding $175,000,000 to the State
16    and 9.8% of annual adjusted gross receipts in excess of
17    $75,000,000 but not exceeding $175,000,000 to the City of
18    Chicago;
19        13.5% of annual adjusted gross receipts in excess of
20    $175,000,000 but not exceeding $225,000,000 to the State
21    and 11.5% of annual adjusted gross receipts in excess of
22    $175,000,000 but not exceeding $225,000,000 to the City of
23    Chicago;
24        15.1% of annual adjusted gross receipts in excess of
25    $225,000,000 but not exceeding $275,000,000 to the State
26    and 12.9% of annual adjusted gross receipts in excess of

 

 

HB3136 Enrolled- 29 -LRB102 14595 SPS 19948 b

1    $225,000,000 but not exceeding $275,000,000 to the City of
2    Chicago;
3        16.2% of annual adjusted gross receipts in excess of
4    $275,000,000 but not exceeding $375,000,000 to the State
5    and 13.8% of annual adjusted gross receipts in excess of
6    $275,000,000 but not exceeding $375,000,000 to the City of
7    Chicago;
8        18.9% of annual adjusted gross receipts in excess of
9    $375,000,000 to the State and 16.1% of annual gross
10    receipts in excess of $375,000,000 to the City of Chicago.
11    For the imposition of the privilege tax in this subsection
12(a-5), amounts paid pursuant to item (1) of subsection (b) of
13Section 56 of the Illinois Horse Racing Act of 1975 shall not
14be included in the determination of adjusted gross receipts.
15    Notwithstanding the provisions of this subsection (a-5),
16for the first 10 years that the privilege tax is imposed under
17this subsection (a-5), the privilege tax shall be imposed on
18the modified annual adjusted gross receipts of a riverboat or
19casino conducting gambling operations in the City of East St.
20Louis, unless:
21        (1) the riverboat or casino fails to employ at least
22    450 people, except no minimum employment shall be required
23    during 2020 and 2021 or during periods that the riverboat
24    or casino is closed on orders of State officials for
25    public health emergencies or other emergencies not caused
26    by the riverboat or casino;

 

 

HB3136 Enrolled- 30 -LRB102 14595 SPS 19948 b

1        (2) the riverboat or casino fails to maintain
2    operations in a manner consistent with this Act or is not a
3    viable riverboat or casino subject to the approval of the
4    Board; or
5        (3) the owners licensee is not an entity in which
6    employees participate in an employee stock ownership plan
7    or in which the owners licensee sponsors a 401(k)
8    retirement plan and makes a matching employer contribution
9    equal to at least one-quarter of the first 12% or one-half
10    of the first 6% of each participating employee's
11    contribution, not to exceed any limitations under federal
12    laws and regulations.
13    As used in this subsection (a-5), "modified annual
14adjusted gross receipts" means:
15        (A) for calendar year 2020, the annual adjusted gross
16    receipts for the current year minus the difference between
17    an amount equal to the average annual adjusted gross
18    receipts from a riverboat or casino conducting gambling
19    operations in the City of East St. Louis for 2014, 2015,
20    2016, 2017, and 2018 and the annual adjusted gross
21    receipts for 2018;
22        (B) for calendar year 2021, 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,

 

 

HB3136 Enrolled- 31 -LRB102 14595 SPS 19948 b

1    2016, 2017, and 2018 and the annual adjusted gross
2    receipts for 2019; and
3        (C) for calendar years 2022 through 2029, the annual
4    adjusted gross receipts for the current year minus the
5    difference between an amount equal to the average annual
6    adjusted gross receipts from a riverboat or casino
7    conducting gambling operations in the City of East St.
8    Louis for 3 years preceding the current year and the
9    annual adjusted gross receipts for the immediately
10    preceding year.
11    (a-6) From June 28, 2019 (the effective date of Public Act
12101-31) until June 30, 2023, an owners licensee that conducted
13gambling operations prior to January 1, 2011 shall receive a
14dollar-for-dollar credit against the tax imposed under this
15Section for any renovation or construction costs paid by the
16owners licensee, but in no event shall the credit exceed
17$2,000,000.
18    Additionally, from June 28, 2019 (the effective date of
19Public Act 101-31) until December 31, 2022, an owners licensee
20that (i) is located within 15 miles of the Missouri border, and
21(ii) has at least 3 riverboats, casinos, or their equivalent
22within a 45-mile radius, may be authorized to relocate to a new
23location with the approval of both the unit of local
24government designated as the home dock and the Board, so long
25as the new location is within the same unit of local government
26and no more than 3 miles away from its original location. Such

 

 

HB3136 Enrolled- 32 -LRB102 14595 SPS 19948 b

1owners licensee shall receive a credit against the tax imposed
2under this Section equal to 8% of the total project costs, as
3approved by the Board, for any renovation or construction
4costs paid by the owners licensee for the construction of the
5new facility, provided that the new facility is operational by
6July 1, 2022. In determining whether or not to approve a
7relocation, the Board must consider the extent to which the
8relocation will diminish the gaming revenues received by other
9Illinois gaming facilities.
10    (a-7) Beginning in the initial adjustment year and through
11the final adjustment year, if the total obligation imposed
12pursuant to either subsection (a-5) or (a-6) will result in an
13owners licensee receiving less after-tax adjusted gross
14receipts than it received in calendar year 2018, then the
15total amount of privilege taxes that the owners licensee is
16required to pay for that calendar year shall be reduced to the
17extent necessary so that the after-tax adjusted gross receipts
18in that calendar year equals the after-tax adjusted gross
19receipts in calendar year 2018, but the privilege tax
20reduction shall not exceed the annual adjustment cap. If
21pursuant to this subsection (a-7), the total obligation
22imposed pursuant to either subsection (a-5) or (a-6) shall be
23reduced, then the owners licensee shall not receive a refund
24from the State at the end of the subject calendar year but
25instead shall be able to apply that amount as a credit against
26any payments it owes to the State in the following calendar

 

 

HB3136 Enrolled- 33 -LRB102 14595 SPS 19948 b

1year to satisfy its total obligation under either subsection
2(a-5) or (a-6). The credit for the final adjustment year shall
3occur in the calendar year following the final adjustment
4year.
5    If an owners licensee that conducted gambling operations
6prior to January 1, 2019 expands its riverboat or casino,
7including, but not limited to, with respect to its gaming
8floor, additional non-gaming amenities such as restaurants,
9bars, and hotels and other additional facilities, and incurs
10construction and other costs related to such expansion from
11June 28, 2019 (the effective date of Public Act 101-31) until
12June 28, 2024 (the 5th anniversary of the effective date of
13Public Act 101-31), then for each $15,000,000 spent for any
14such construction or other costs related to expansion paid by
15the owners licensee, the final adjustment year shall be
16extended by one year and the annual adjustment cap shall
17increase by 0.2% of adjusted gross receipts during each
18calendar year until and including the final adjustment year.
19No further modifications to the final adjustment year or
20annual adjustment cap shall be made after $75,000,000 is
21incurred in construction or other costs related to expansion
22so that the final adjustment year shall not extend beyond the
239th calendar year after the initial adjustment year, not
24including the initial adjustment year, and the annual
25adjustment cap shall not exceed 4% of adjusted gross receipts
26in a particular calendar year. Construction and other costs

 

 

HB3136 Enrolled- 34 -LRB102 14595 SPS 19948 b

1related to expansion shall include all project related costs,
2including, but not limited to, all hard and soft costs,
3financing costs, on or off-site ground, road or utility work,
4cost of gaming equipment and all other personal property,
5initial fees assessed for each incremental gaming position,
6and the cost of incremental land acquired for such expansion.
7Soft costs shall include, but not be limited to, legal fees,
8architect, engineering and design costs, other consultant
9costs, insurance cost, permitting costs, and pre-opening costs
10related to the expansion, including, but not limited to, any
11of the following: marketing, real estate taxes, personnel,
12training, travel and out-of-pocket expenses, supply,
13inventory, and other costs, and any other project related soft
14costs.
15    To be eligible for the tax credits in subsection (a-6),
16all construction contracts shall include a requirement that
17the contractor enter into a project labor agreement with the
18building and construction trades council with geographic
19jurisdiction of the location of the proposed gaming facility.
20    Notwithstanding any other provision of this subsection
21(a-7), this subsection (a-7) does not apply to an owners
22licensee unless such owners licensee spends at least
23$15,000,000 on construction and other costs related to its
24expansion, excluding the initial fees assessed for each
25incremental gaming position.
26    This subsection (a-7) does not apply to owners licensees

 

 

HB3136 Enrolled- 35 -LRB102 14595 SPS 19948 b

1authorized pursuant to subsection (e-5) of Section 7 of this
2Act.
3    For purposes of this subsection (a-7):
4    "Building and construction trades council" means any
5organization representing multiple construction entities that
6are monitoring or attentive to compliance with public or
7workers' safety laws, wage and hour requirements, or other
8statutory requirements or that are making or maintaining
9collective bargaining agreements.
10    "Initial adjustment year" means the year commencing on
11January 1 of the calendar year immediately following the
12earlier of the following:
13        (1) the commencement of gambling operations, either in
14    a temporary or permanent facility, with respect to the
15    owners license authorized under paragraph (1) of
16    subsection (e-5) of Section 7 of this Act; or
17        (2) June 28, 2021 (24 months after the effective date
18    of Public Act 101-31);
19provided the initial adjustment year shall not commence
20earlier than June 28, 2020 (12 months after the effective date
21of Public Act 101-31).
22    "Final adjustment year" means the 2nd calendar year after
23the initial adjustment year, not including the initial
24adjustment year, and as may be extended further as described
25in this subsection (a-7).
26    "Annual adjustment cap" means 3% of adjusted gross

 

 

HB3136 Enrolled- 36 -LRB102 14595 SPS 19948 b

1receipts in a particular calendar year, and as may be
2increased further as otherwise described in this subsection
3(a-7).
4    (a-8) Riverboat gambling operations conducted by a
5licensed manager on behalf of the State are not subject to the
6tax imposed under this Section.
7    (a-9) Beginning on January 1, 2020, the calculation of
8gross receipts or adjusted gross receipts, for the purposes of
9this Section, for a riverboat, a casino, or an organization
10gaming facility shall not include the dollar amount of
11non-cashable vouchers, coupons, and electronic promotions
12redeemed by wagerers upon the riverboat, in the casino, or in
13the organization gaming facility up to and including an amount
14not to exceed 20% of a riverboat's, a casino's, or an
15organization gaming facility's adjusted gross receipts.
16    The Illinois Gaming Board shall submit to the General
17Assembly a comprehensive report no later than March 31, 2023
18detailing, at a minimum, the effect of removing non-cashable
19vouchers, coupons, and electronic promotions from this
20calculation on net gaming revenues to the State in calendar
21years 2020 through 2022, the increase or reduction in wagerers
22as a result of removing non-cashable vouchers, coupons, and
23electronic promotions from this calculation, the effect of the
24tax rates in subsection (a-5) on net gaming revenues to this
25State, and proposed modifications to the calculation.
26    (a-10) The taxes imposed by this Section shall be paid by

 

 

HB3136 Enrolled- 37 -LRB102 14595 SPS 19948 b

1the licensed owner or the organization gaming licensee to the
2Board not later than 5:00 o'clock p.m. of the day after the day
3when the wagers were made.
4    (a-15) If the privilege tax imposed under subsection (a-3)
5is no longer imposed pursuant to item (i) of the last paragraph
6of subsection (a-3), then by June 15 of each year, each owners
7licensee, other than an owners licensee that admitted
81,000,000 persons or fewer in calendar year 2004, must, in
9addition to the payment of all amounts otherwise due under
10this Section, pay to the Board a reconciliation payment in the
11amount, if any, by which the licensed owner's base amount
12exceeds the amount of net privilege tax paid by the licensed
13owner to the Board in the then current State fiscal year. A
14licensed owner's net privilege tax obligation due for the
15balance of the State fiscal year shall be reduced up to the
16total of the amount paid by the licensed owner in its June 15
17reconciliation payment. The obligation imposed by this
18subsection (a-15) is binding on any person, firm, corporation,
19or other entity that acquires an ownership interest in any
20such owners license. The obligation imposed under this
21subsection (a-15) terminates on the earliest of: (i) July 1,
222007, (ii) the first day after August 23, 2005 (the effective
23date of Public Act 94-673) this amendatory Act of the 94th
24General Assembly that riverboat gambling operations are
25conducted pursuant to a dormant license, (iii) the first day
26that riverboat gambling operations are conducted under the

 

 

HB3136 Enrolled- 38 -LRB102 14595 SPS 19948 b

1authority of an owners license that is in addition to the 10
2owners licenses initially authorized under this Act, or (iv)
3the first day that a licensee under the Illinois Horse Racing
4Act of 1975 conducts gaming operations with slot machines or
5other electronic gaming devices. The Board must reduce the
6obligation imposed under this subsection (a-15) by an amount
7the Board deems reasonable for any of the following reasons:
8(A) an act or acts of God, (B) an act of bioterrorism or
9terrorism or a bioterrorism or terrorism threat that was
10investigated by a law enforcement agency, or (C) a condition
11beyond the control of the owners licensee that does not result
12from any act or omission by the owners licensee or any of its
13agents and that poses a hazardous threat to the health and
14safety of patrons. If an owners licensee pays an amount in
15excess of its liability under this Section, the Board shall
16apply the overpayment to future payments required under this
17Section.
18    For purposes of this subsection (a-15):
19    "Act of God" means an incident caused by the operation of
20an extraordinary force that cannot be foreseen, that cannot be
21avoided by the exercise of due care, and for which no person
22can be held liable.
23    "Base amount" means the following:
24        For a riverboat in Alton, $31,000,000.
25        For a riverboat in East Peoria, $43,000,000.
26        For the Empress riverboat in Joliet, $86,000,000.

 

 

HB3136 Enrolled- 39 -LRB102 14595 SPS 19948 b

1        For a riverboat in Metropolis, $45,000,000.
2        For the Harrah's riverboat in Joliet, $114,000,000.
3        For a riverboat in Aurora, $86,000,000.
4        For a riverboat in East St. Louis, $48,500,000.
5        For a riverboat in Elgin, $198,000,000.
6    "Dormant license" has the meaning ascribed to it in
7subsection (a-3).
8    "Net privilege tax" means all privilege taxes paid by a
9licensed owner to the Board under this Section, less all
10payments made from the State Gaming Fund pursuant to
11subsection (b) of this Section.
12    The changes made to this subsection (a-15) by Public Act
1394-839 are intended to restate and clarify the intent of
14Public Act 94-673 with respect to the amount of the payments
15required to be made under this subsection by an owners
16licensee to the Board.
17    (b) From the tax revenue from riverboat or casino gambling
18deposited in the State Gaming Fund under this Section, an
19amount equal to 5% of adjusted gross receipts generated by a
20riverboat or a casino, other than a riverboat or casino
21designated in paragraph (1), (3), or (4) of subsection (e-5)
22of Section 7, shall be paid monthly, subject to appropriation
23by the General Assembly, to the unit of local government in
24which the casino is located or that is designated as the home
25dock of the riverboat. Notwithstanding anything to the
26contrary, beginning on the first day that an owners licensee

 

 

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1under paragraph (1), (2), (3), (4), (5), or (6) of subsection
2(e-5) of Section 7 conducts gambling operations, either in a
3temporary facility or a permanent facility, and for 2 years
4thereafter, a unit of local government designated as the home
5dock of a riverboat whose license was issued before January 1,
62019, other than a riverboat conducting gambling operations in
7the City of East St. Louis, shall not receive less under this
8subsection (b) than the amount the unit of local government
9received under this subsection (b) in calendar year 2018.
10Notwithstanding anything to the contrary and because the City
11of East St. Louis is a financially distressed city, beginning
12on the first day that an owners licensee under paragraph (1),
13(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
14conducts gambling operations, either in a temporary facility
15or a permanent facility, and for 10 years thereafter, a unit of
16local government designated as the home dock of a riverboat
17conducting gambling operations in the City of East St. Louis
18shall not receive less under this subsection (b) than the
19amount the unit of local government received under this
20subsection (b) in calendar year 2018.
21    From the tax revenue deposited in the State Gaming Fund
22pursuant to riverboat or casino gambling operations conducted
23by a licensed manager on behalf of the State, an amount equal
24to 5% of adjusted gross receipts generated pursuant to those
25riverboat or casino gambling operations shall be paid monthly,
26subject to appropriation by the General Assembly, to the unit

 

 

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1of local government that is designated as the home dock of the
2riverboat upon which those riverboat gambling operations are
3conducted or in which the casino is located.
4    From the tax revenue from riverboat or casino gambling
5deposited in the State Gaming Fund under this Section, an
6amount equal to 5% of the adjusted gross receipts generated by
7a riverboat designated in paragraph (3) of subsection (e-5) of
8Section 7 shall be divided and remitted monthly, subject to
9appropriation, as follows: 70% to Waukegan, 10% to Park City,
1015% to North Chicago, and 5% to Lake County.
11    From the tax revenue from riverboat or casino gambling
12deposited in the State Gaming Fund under this Section, an
13amount equal to 5% of the adjusted gross receipts generated by
14a riverboat designated in paragraph (4) of subsection (e-5) of
15Section 7 shall be remitted monthly, subject to appropriation,
16as follows: 70% to the City of Rockford, 5% to the City of
17Loves Park, 5% to the Village of Machesney, and 20% to
18Winnebago County.
19    From the tax revenue from riverboat or casino gambling
20deposited in the State Gaming Fund under this Section, an
21amount equal to 5% of the adjusted gross receipts generated by
22a riverboat designated in paragraph (5) of subsection (e-5) of
23Section 7 shall be remitted monthly, subject to appropriation,
24as follows: 2% to the unit of local government in which the
25riverboat or casino is located, and 3% shall be distributed:
26(A) in accordance with a regional capital development plan

 

 

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1entered into by the following communities: Village of Beecher,
2City of Blue Island, Village of Burnham, City of Calumet City,
3Village of Calumet Park, City of Chicago Heights, City of
4Country Club Hills, Village of Crestwood, Village of Crete,
5Village of Dixmoor, Village of Dolton, Village of East Hazel
6Crest, Village of Flossmoor, Village of Ford Heights, Village
7of Glenwood, City of Harvey, Village of Hazel Crest, Village
8of Homewood, 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    Units of local government may refund any portion of the
22payment that they receive pursuant to this subsection (b) to
23the riverboat or casino.
24    (b-4) Beginning on the first day the licensee under
25paragraph (5) of subsection (e-5) of Section 7 conducts
26gambling operations, either in a temporary facility or a

 

 

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1permanent facility, and ending on July 31, 2042, from the tax
2revenue deposited in the State Gaming Fund under this Section,
3$5,000,000 shall be paid annually, subject to appropriation,
4to the host municipality of that owners licensee of a license
5issued or re-issued pursuant to Section 7.1 of this Act before
6January 1, 2012. Payments received by the host municipality
7pursuant to this subsection (b-4) may not be shared with any
8other unit of local government.
9    (b-5) Beginning on June 28, 2019 (the effective date of
10Public Act 101-31), from the tax revenue deposited in the
11State Gaming Fund under this Section, an amount equal to 3% of
12adjusted gross receipts generated by each organization gaming
13facility located outside Madison County shall be paid monthly,
14subject to appropriation by the General Assembly, to a
15municipality other than the Village of Stickney in which each
16organization gaming facility is located or, if the
17organization gaming facility is not located within a
18municipality, to the county in which the organization gaming
19facility is located, except as otherwise provided in this
20Section. From the tax revenue deposited in the State Gaming
21Fund under this Section, an amount equal to 3% of adjusted
22gross receipts generated by an organization gaming facility
23located in the Village of Stickney shall be paid monthly,
24subject to appropriation by the General Assembly, as follows:
2525% to the Village of Stickney, 5% to the City of Berwyn, 50%
26to the Town of Cicero, and 20% to the Stickney Public Health

 

 

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

 

 

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1Worth, an amount equal to 5% of the adjusted gross receipts
2generated by that organization gaming licensee shall be
3remitted monthly, subject to appropriation, as follows: 2% to
4the unit of local government in which the organization gaming
5licensee is located, and 3% shall be distributed: (A) in
6accordance with a regional capital development plan entered
7into by the following communities: Village of Beecher, City of
8Blue Island, Village of Burnham, City of Calumet City, Village
9of Calumet Park, City of Chicago Heights, City of Country Club
10Hills, Village of Crestwood, Village of Crete, Village of
11Dixmoor, Village of Dolton, Village of East Hazel Crest,
12Village of Flossmoor, Village of Ford Heights, Village of
13Glenwood, City of Harvey, Village of Hazel Crest, Village of
14Homewood, Village of Lansing, Village of Lynwood, City of
15Markham, Village of Matteson, Village of Midlothian, Village
16of Monee, City of Oak Forest, Village of Olympia Fields,
17Village of Orland Hills, Village of Orland Park, City of Palos
18Heights, Village of Park Forest, Village of Phoenix, Village
19of Posen, Village of Richton Park, Village of Riverdale,
20Village of Robbins, Village of Sauk Village, Village of South
21Chicago Heights, Village of South Holland, Village of Steger,
22Village of Thornton, Village of Tinley Park, Village of
23University Park, and Village of Worth; or (B) if no regional
24capital development plan exists, equally among the communities
25listed in item (A) to be used for capital expenditures or
26public pension payments, or both.

 

 

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

 

 

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1gaming authorized under Section 7.7, riverboat gaming, casino
2gaming, video gaming, and sports wagering.
3    (c-2) An amount equal to 2% of the adjusted gross receipts
4generated by an organization gaming facility located within a
5home rule county with a population of over 3,000,000
6inhabitants shall be paid, subject to appropriation from the
7General Assembly, from the State Gaming Fund to the home rule
8county in which the organization gaming licensee is located
9for the purpose of enhancing the county's criminal justice
10system.
11    (c-3) Appropriations, as approved by the General Assembly,
12may be made from the tax revenue deposited into the State
13Gaming Fund from organization gaming licensees pursuant to
14this Section for the administration and enforcement of this
15Act.
16    (c-4) After payments required under subsections (b),
17(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
18the tax revenue from organization gaming licensees deposited
19into the State Gaming Fund under this Section, all remaining
20amounts from organization gaming licensees shall be
21transferred into the Capital Projects Fund.
22    (c-5) (Blank).
23    (c-10) Each year the General Assembly shall appropriate
24from the General Revenue Fund to the Education Assistance Fund
25an amount equal to the amount paid into the Horse Racing Equity
26Fund pursuant to subsection (c-5) in the 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
3adjusted gross receipts of (1) an owners licensee that
4relocates pursuant to Section 11.2, (2) an owners licensee
5conducting riverboat gambling operations pursuant to an owners
6license that is initially issued after June 25, 1999, or (3)
7the first riverboat gambling operations conducted by a
8licensed manager on behalf of the State under Section 7.3,
9whichever comes first, shall be paid, subject to appropriation
10from the General Assembly, from the State Gaming Fund to each
11home rule county with a population of over 3,000,000
12inhabitants for the purpose of enhancing the county's criminal
13justice system.
14    (c-20) Each year the General Assembly shall appropriate
15from the General Revenue Fund to the Education Assistance Fund
16an amount equal to the amount paid to each home rule county
17with a population of over 3,000,000 inhabitants pursuant to
18subsection (c-15) in the prior calendar year.
19    (c-21) After the payments required under subsections (b),
20(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
21been made, an amount equal to 0.5% of the adjusted gross
22receipts generated by the owners licensee under paragraph (1)
23of subsection (e-5) of Section 7 shall be paid monthly,
24subject to appropriation from the General Assembly, from the
25State Gaming Fund to the home rule county in which the owners
26licensee is located for the purpose of enhancing the county's

 

 

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1criminal justice system.
2    (c-22) After the payments required under subsections (b),
3(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
4(c-21) have been made, an amount equal to 2% of the adjusted
5gross receipts generated by the owners licensee under
6paragraph (5) of subsection (e-5) of Section 7 shall be paid,
7subject to appropriation from the General Assembly, from the
8State Gaming Fund to the home rule county in which the owners
9licensee is located for the purpose of enhancing the county's
10criminal justice system.
11    (c-25) From July 1, 2013 and each July 1 thereafter
12through July 1, 2019, $1,600,000 shall be transferred from the
13State Gaming Fund to the Chicago State University Education
14Improvement Fund.
15    On July 1, 2020 and each July 1 thereafter, $3,000,000
16shall be transferred from the State Gaming Fund to the Chicago
17State University Education Improvement Fund.
18    (c-30) On July 1, 2013 or as soon as possible thereafter,
19$92,000,000 shall be transferred from the State Gaming Fund to
20the School Infrastructure Fund and $23,000,000 shall be
21transferred from the State Gaming Fund to the Horse Racing
22Equity Fund.
23    (c-35) Beginning on July 1, 2013, in addition to any
24amount transferred under subsection (c-30) of this Section,
25$5,530,000 shall be transferred monthly from the State Gaming
26Fund to the School Infrastructure Fund.

 

 

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1    (d) From time to time, through June 30, 2021, the Board
2shall transfer the remainder of the funds generated by this
3Act into the Education Assistance Fund.
4    (d-5) Beginning on July 1, 2021, on the last day of each
5month, or as soon thereafter as possible, after all the
6required expenditures, distributions, and transfers have been
7made from the State Gaming Fund for the month pursuant to
8subsections (b) through (c-35), at the direction of the Board,
9the Comptroller shall direct and the Treasurer shall transfer
10$22,500,000, along with any deficiencies in such amounts from
11prior months in the same fiscal year, from the State Gaming
12Fund to the Education Assistance Fund; then, at the direction
13of the Board, the Comptroller shall direct and the Treasurer
14shall transfer the remainder of the funds generated by this
15Act, if any, from the State Gaming Fund to the Capital Projects
16Fund.
17    (e) Nothing in this Act shall prohibit the unit of local
18government designated as the home dock of the riverboat from
19entering into agreements with other units of local government
20in this State or in other states to share its portion of the
21tax revenue.
22    (f) To the extent practicable, the Board shall administer
23and collect the wagering taxes imposed by this Section in a
24manner consistent with the provisions of Sections 4, 5, 5a,
255b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
26the Retailers' Occupation Tax Act and Section 3-7 of the

 

 

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1Uniform Penalty and Interest Act.
2(Source: P.A. 101-31, Article 25, Section 25-910, eff.
36-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
4101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff.
58-20-21; revised 10-14-21.)
 
6    Section 20. The Raffles and Poker Runs Act is amended by
7changing Sections 1 and 2 as follows:
 
8    (230 ILCS 15/1)  (from Ch. 85, par. 2301)
9    Sec. 1. Definitions. For the purposes of this Act the
10terms defined in this Section have the meanings given them.
11    "Fire protection agency" means: (1) an agency of this
12State, unit of local government, or intergovernmental mutual
13aid entity that is vested by law or intergovernmental
14agreement with the duty and authority to provide public fire
15suppression, rescue, or emergency medical services; or (2) an
16organization that provides support or assistance to an agency
17of this State, unit of local government, or intergovernmental
18mutual aid entity that is vested by law or intergovernmental
19agreement with the duty and authority to provide public fire
20suppression, rescue, or emergency medical services.
21    "Key location" means:
22        (1) For a poker run, the location where the poker run
23    concludes and the prizes are awarded.
24        (2) For a raffle, the location where the winning

 

 

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1    chances in the raffle are determined.
2    "Law enforcement agency" means an agency of this State or
3a unit of local government in this State that is vested by law
4or ordinance with the duty to maintain public order and to
5enforce criminal laws or ordinances.
6    "Net proceeds" means the gross receipts from the conduct
7of raffles, less reasonable sums expended for prizes, local
8license fees and other operating expenses incurred as a result
9of operating a raffle or poker run.
10    "Poker run" means a prize-awarding event organized by an
11organization licensed under this Act in which participants
12travel to multiple predetermined locations, including a key
13location, to play a randomized game based on an element of
14chance. "Poker run" includes dice runs, marble runs, or other
15events where the objective is to build the best hand or highest
16score by obtaining an item or playing a randomized game at each
17location.
18    "Raffle" means a form of lottery, as defined in subsection
19(b) of Section 28-2 of the Criminal Code of 2012, conducted by
20an organization licensed under this Act, in which:
21        (1) the player pays or agrees to pay something of
22    value for a chance, represented and differentiated by a
23    number or by a combination of numbers or by some other
24    medium, one or more of which chances is to be designated
25    the winning chance; and
26        (2) the winning chance is to be determined through a

 

 

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1    drawing or by some other method based on an element of
2    chance by an act or set of acts on the part of persons
3    conducting or connected with the lottery, except that the
4    winning chance shall not be determined by the outcome of a
5    publicly exhibited sporting contest.
6    "Raffle" does not include any game designed to simulate:
7(1) gambling games as defined in the Illinois Gambling Act,
8(2) any casino game approved for play by the Illinois Gaming
9Board, (3) any games provided by a video gaming terminal, as
10defined in the Video Gaming Act, or (4) a savings promotion
11raffle authorized under Section 5g of the Illinois Banking
12Act, Section 7008 of the Savings Bank Act, Section 42.7 of the
13Illinois Credit Union Act, Section 5136B of the National Bank
14Act, or Section 4 of the Home Owners' Loan Act.
15(Source: P.A. 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
 
16    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
17    Sec. 2. Licensing.
18    (a) The governing body of any county or municipality
19within this State may establish a system for the licensing of
20organizations to operate raffles. The governing bodies of a
21county and one or more municipalities may, pursuant to a
22written contract, jointly establish a system for the licensing
23of organizations to operate raffles within any area of
24contiguous territory not contained within the corporate limits
25of a municipality which is not a party to such contract. The

 

 

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1governing bodies of two or more adjacent counties or two or
2more adjacent municipalities located within a county may,
3pursuant to a written contract, jointly establish a system for
4the licensing of organizations to operate raffles within the
5corporate limits of such counties or municipalities. The
6licensing authority may establish special categories of
7licenses and promulgate rules relating to the various
8categories. The licensing system shall provide for limitations
9upon (1) the aggregate retail value of all prizes or
10merchandise awarded by a licensee in a single raffle, if any,
11(2) the maximum retail value of each prize awarded by a
12licensee in a single raffle, if any, (3) the maximum price
13which may be charged for each raffle chance issued or sold, if
14any, and (4) the maximum number of days during which chances
15may be issued or sold, if any. The licensing system may include
16a fee for each license in an amount to be determined by the
17local governing body. Licenses issued pursuant to this Act
18shall be valid for one raffle or for a specified number of
19raffles to be conducted during a specified period not to
20exceed one year and may be suspended or revoked for any
21violation of this Act. A local governing body shall act on a
22license application within 30 days from the date of
23application. A county or municipality may adopt rules or
24ordinances for the operation of raffles that are consistent
25with this Act. Raffles shall be licensed by the governing body
26of the municipality with jurisdiction over the key location

 

 

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1or, if no municipality has jurisdiction over the key location,
2then by the governing body of the county with jurisdiction
3over the key location. A license shall authorize the holder of
4such license to sell raffle chances throughout the State,
5including beyond the borders of the licensing municipality or
6county.
7    (a-5) The governing body of Cook County may and any other
8county within this State shall establish a system for the
9licensing of organizations to operate poker runs. The
10governing bodies of 2 or more adjacent counties may, pursuant
11to a written contract, jointly establish a system for the
12licensing of organizations to operate poker runs within the
13corporate limits of such counties. The licensing authority may
14establish special categories of licenses and adopt rules
15relating to the various categories. The licensing system may
16include a fee not to exceed $25 for each license. Licenses
17issued pursuant to this Act shall be valid for one poker run or
18for a specified number of poker runs to be conducted during a
19specified period not to exceed one year and may be suspended or
20revoked for any violation of this Act. A local governing body
21shall act on a license application within 30 days after the
22date of application.
23    (b) Raffle licenses shall be issued only: (1) to bona fide
24religious, charitable, labor, business, fraternal,
25educational, veterans', or other bona fide not-for-profit
26organizations that operate without profit to their members and

 

 

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1which have been in existence continuously for a period of 5
2years immediately before making application for a raffle
3license and which have during that entire 5-year period been
4engaged in carrying out their objects, (2) or to a non-profit
5fundraising organization that the licensing authority
6determines is organized for the sole purpose of providing
7financial assistance to an identified individual or group of
8individuals suffering extreme financial hardship as the result
9of an illness, disability, accident, or disaster, (3) or to
10any law enforcement agencies and associations that represent
11law enforcement officials, or (4) to any fire protection
12agencies and associations that represent fire protection
13officials. Poker run licenses shall be issued only to bona
14fide religious, charitable, labor, business, fraternal,
15educational, veterans', or other bona fide not-for-profit
16organizations that operate without profit to their members and
17which have been in existence continuously for a period of 5
18years immediately before making application for a poker run
19license and which have during that entire 5-year period been
20engaged in carrying out their objects. Licenses for poker runs
21shall be issued for the following purposes: (i) providing
22financial assistance to an identified individual or group of
23individuals suffering extreme financial hardship as the result
24of an illness, disability, accident, or disaster or (ii) to
25maintain the financial stability of the organization. A
26licensing authority may waive the 5-year requirement under

 

 

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1this subsection (b) for a bona fide religious, charitable,
2labor, business, fraternal, educational, or veterans'
3organization that applies for a license to conduct a raffle or
4a poker run if the organization is a local organization that is
5affiliated with and chartered by a national or State
6organization that meets the 5-year requirement.
7    For purposes of this Act, the following definitions apply.
8Non-profit: An organization or institution organized and
9conducted on a not-for-profit basis with no personal profit
10inuring to any one as a result of the operation. Charitable: An
11organization or institution organized and operated to benefit
12an indefinite number of the public. The service rendered to
13those eligible for benefits must also confer some benefit on
14the public. Educational: An organization or institution
15organized and operated to provide systematic instruction in
16useful branches of learning by methods common to schools and
17institutions of learning which compare favorably in their
18scope and intensity with the course of study presented in
19tax-supported schools. Religious: Any church, congregation,
20society, or organization founded for the purpose of religious
21worship. Fraternal: An organization of persons having a common
22interest, the primary interest of which is to both promote the
23welfare of its members and to provide assistance to the
24general public in such a way as to lessen the burdens of
25government by caring for those that otherwise would be cared
26for by the government. Veterans: An organization or

 

 

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1association comprised of members of which substantially all
2are individuals who are veterans or spouses, widows, or
3widowers of veterans, the primary purpose of which is to
4promote the welfare of its members and to provide assistance
5to the general public in such a way as to confer a public
6benefit. Labor: An organization composed of workers organized
7with the objective of betterment of the conditions of those
8engaged in such pursuit and the development of a higher degree
9of efficiency in their respective occupations. Business: A
10voluntary organization composed of individuals and businesses
11who have joined together to advance the commercial, financial,
12industrial and civic interests of a community.
13(Source: P.A. 101-109, eff. 7-19-19; 101-360, eff. 1-1-20;
14102-558, eff. 8-20-21.)
 
15    Section 30. The Video Gaming Act is amended by changing
16Sections 5, 25, 27, 30, 45, 50, and 65 and by adding Section 90
17as follows:
 
18    (230 ILCS 40/5)
19    Sec. 5. Definitions. As used in this Act:
20    "Board" means the Illinois Gaming Board.
21    "Credit" means one, 5, 10, or 25 cents either won or
22purchased by a player.
23    "Distributor" means an individual, partnership,
24corporation, or limited liability company licensed under this

 

 

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1Act to buy, sell, lease, or distribute video gaming terminals
2or major components or parts of video gaming terminals to or
3from terminal operators.
4    "Electronic card" means a card purchased from a licensed
5establishment, licensed fraternal establishment, licensed
6veterans establishment, licensed truck stop establishment, or
7licensed large truck stop establishment for use in that
8establishment as a substitute for cash in the conduct of
9gaming on a video gaming terminal.
10    "Electronic voucher" means a voucher printed by an
11electronic video game machine that is redeemable in the
12licensed establishment for which it was issued.
13    "In-location bonus jackpot" means one or more video gaming
14terminals at a single licensed establishment that allows for
15wagers placed on such video gaming terminals to contribute to
16a cumulative maximum jackpot of up to $10,000.
17    "Terminal operator" means an individual, partnership,
18corporation, or limited liability company that is licensed
19under this Act and that owns, services, and maintains video
20gaming terminals for placement in licensed establishments,
21licensed truck stop establishments, licensed large truck stop
22establishments, licensed fraternal establishments, or licensed
23veterans establishments.
24    "Licensed technician" means an individual who is licensed
25under this Act to repair, service, and maintain video gaming
26terminals.

 

 

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1    "Licensed terminal handler" means a person, including but
2not limited to an employee or independent contractor working
3for a manufacturer, distributor, supplier, technician, or
4terminal operator, who is licensed under this Act to possess
5or control a video gaming terminal or to have access to the
6inner workings of a video gaming terminal. A licensed terminal
7handler does not include an individual, partnership,
8corporation, or limited liability company defined as a
9manufacturer, distributor, supplier, technician, or terminal
10operator under this Act.
11    "Manufacturer" means an individual, partnership,
12corporation, or limited liability company that is licensed
13under this Act and that manufactures or assembles video gaming
14terminals.
15    "Supplier" means an individual, partnership, corporation,
16or limited liability company that is licensed under this Act
17to supply major components or parts to video gaming terminals
18to licensed terminal operators.
19    "Net terminal income" means money put into a video gaming
20terminal minus credits paid out to players.
21    "Video gaming terminal" means any electronic video game
22machine that, upon insertion of cash, electronic cards or
23vouchers, or any combination thereof, is available to play or
24simulate the play of a video game, including but not limited to
25video poker, line up, and blackjack, as authorized by the
26Board utilizing a video display and microprocessors in which

 

 

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1the player may receive free games or credits that can be
2redeemed for cash. The term does not include a machine that
3directly dispenses coins, cash, or tokens or is for amusement
4purposes only.
5    "Licensed establishment" means any licensed retail
6establishment where alcoholic liquor is drawn, poured, mixed,
7or otherwise served for consumption on the premises, whether
8the establishment operates on a nonprofit or for-profit basis.
9"Licensed establishment" includes any such establishment that
10has a contractual relationship with an inter-track wagering
11location licensee licensed under the Illinois Horse Racing Act
12of 1975, provided any contractual relationship shall not
13include any transfer or offer of revenue from the operation of
14video gaming under this Act to any licensee licensed under the
15Illinois Horse Racing Act of 1975. Provided, however, that the
16licensed establishment that has such a contractual
17relationship with an inter-track wagering location licensee
18may not, itself, be (i) an inter-track wagering location
19licensee, (ii) the corporate parent or subsidiary of any
20licensee licensed under the Illinois Horse Racing Act of 1975,
21or (iii) the corporate subsidiary of a corporation that is
22also the corporate parent or subsidiary of any licensee
23licensed under the Illinois Horse Racing Act of 1975.
24"Licensed establishment" does not include a facility operated
25by an organization licensee, an inter-track wagering licensee,
26or an inter-track wagering location licensee licensed under

 

 

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1the Illinois Horse Racing Act of 1975 or a riverboat licensed
2under the Illinois Gambling Act, except as provided in this
3paragraph. The changes made to this definition by Public Act
498-587 are declarative of existing law.
5    "Licensed fraternal establishment" means the location
6where a qualified fraternal organization that derives its
7charter from a national fraternal organization regularly
8meets.
9    "Licensed veterans establishment" means the location where
10a qualified veterans organization that derives its charter
11from a national veterans organization regularly meets.
12    "Licensed truck stop establishment" means a facility (i)
13that is at least a 3-acre facility with a convenience store,
14(ii) with separate diesel islands for fueling commercial motor
15vehicles, (iii) that sells at retail more than 10,000 gallons
16of diesel or biodiesel fuel per month, and (iv) with parking
17spaces for commercial motor vehicles. "Commercial motor
18vehicles" has the same meaning as defined in Section 18b-101
19of the Illinois Vehicle Code. The requirement of item (iii) of
20this paragraph may be met by showing that estimated future
21sales or past sales average at least 10,000 gallons per month.
22    "Licensed large truck stop establishment" means a facility
23located within 3 road miles from a freeway interchange, as
24measured in accordance with the Department of Transportation's
25rules regarding the criteria for the installation of business
26signs: (i) that is at least a 3-acre facility with a

 

 

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1convenience store, (ii) with separate diesel islands for
2fueling commercial motor vehicles, (iii) that sells at retail
3more than 50,000 gallons of diesel or biodiesel fuel per
4month, and (iv) with parking spaces for commercial motor
5vehicles. "Commercial motor vehicles" has the same meaning as
6defined in Section 18b-101 of the Illinois Vehicle Code. The
7requirement of item (iii) of this paragraph may be met by
8showing that estimated future sales or past sales average at
9least 50,000 gallons per month.
10    "Sales agent and broker" means an individual, partnership,
11corporation, limited liability company, or other business
12entity engaged in the solicitation or receipt of business from
13current or potential licensed establishments, licensed
14fraternal establishments, licensed veterans establishments,
15licensed truck stop establishments, or licensed large truck
16stop establishments either on an employment or contractual
17basis.
18(Source: P.A. 101-31, eff. 6-28-19.)
 
19    (230 ILCS 40/25)
20    Sec. 25. Restriction of licensees.
21    (a) Manufacturer. A person may not be licensed as a
22manufacturer of a video gaming terminal in Illinois unless the
23person has a valid manufacturer's license issued under this
24Act. A manufacturer may only sell video gaming terminals for
25use in Illinois to persons having a valid distributor's

 

 

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1license.
2    (b) Distributor. A person may not sell, distribute, or
3lease or market a video gaming terminal in Illinois unless the
4person has a valid distributor's license issued under this
5Act. A distributor may only sell video gaming terminals for
6use in Illinois to persons having a valid distributor's or
7terminal operator's license.
8    (c) Terminal operator. A person may not own, maintain, or
9place a video gaming terminal unless he has a valid terminal
10operator's license issued under this Act. A terminal operator
11may only place video gaming terminals for use in Illinois in
12licensed establishments, licensed truck stop establishments,
13licensed large truck stop establishments, licensed fraternal
14establishments, and licensed veterans establishments. No
15terminal operator may give anything of value, including but
16not limited to a loan or financing arrangement, to a licensed
17establishment, licensed truck stop establishment, licensed
18large truck stop establishment, licensed fraternal
19establishment, or licensed veterans establishment as any
20incentive or inducement to locate video terminals in that
21establishment. Of the after-tax profits from a video gaming
22terminal, 50% shall be paid to the terminal operator and 50%
23shall be paid to the licensed establishment, licensed truck
24stop establishment, licensed large truck stop establishment,
25licensed fraternal establishment, or licensed veterans
26establishment, notwithstanding any agreement to the contrary.

 

 

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1A video terminal operator that violates one or more
2requirements of this subsection is guilty of a Class 4 felony
3and is subject to termination of his or her license by the
4Board.
5    (d) Licensed technician. A person may not service,
6maintain, or repair a video gaming terminal in this State
7unless he or she (1) has a valid technician's license issued
8under this Act, (2) is a terminal operator, or (3) is employed
9by a terminal operator, distributor, or manufacturer.
10    (d-5) Licensed terminal handler. No person, including, but
11not limited to, an employee or independent contractor working
12for a manufacturer, distributor, supplier, technician, or
13terminal operator licensed pursuant to this Act, shall have
14possession or control of a video gaming terminal, or access to
15the inner workings of a video gaming terminal, unless that
16person possesses a valid terminal handler's license issued
17under this Act.
18    (d-10) Solicitation of use agreements. A person may not
19solicit the signing of a use agreement on behalf of a terminal
20operator or enter into a use agreement as agent of a terminal
21operator unless that person either has a valid sales agent and
22broker license issued under this Act or owns, manages, or
23significantly influences or controls the terminal operator.
24    (e) Licensed establishment. No video gaming terminal may
25be placed in any licensed establishment, licensed veterans
26establishment, licensed truck stop establishment, licensed

 

 

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1large truck stop establishment, or licensed fraternal
2establishment unless the owner or agent of the owner of the
3licensed establishment, licensed veterans establishment,
4licensed truck stop establishment, licensed large truck stop
5establishment, or licensed fraternal establishment has entered
6into a written use agreement with the terminal operator for
7placement of the terminals. A copy of the use agreement shall
8be on file in the terminal operator's place of business and
9available for inspection by individuals authorized by the
10Board. A licensed establishment, licensed truck stop
11establishment, licensed veterans establishment, or licensed
12fraternal establishment may operate up to 6 video gaming
13terminals on its premises at any time. A licensed large truck
14stop establishment may operate up to 10 video gaming terminals
15on its premises at any time.
16    (f) (Blank).
17    (g) Financial interest restrictions. As used in this Act,
18"substantial interest" in a partnership, a corporation, an
19organization, an association, a business, or a limited
20liability company means:
21        (A) When, with respect to a sole proprietorship, an
22    individual or his or her spouse owns, operates, manages,
23    or conducts, directly or indirectly, the organization,
24    association, or business, or any part thereof; or
25        (B) When, with respect to a partnership, the
26    individual or his or her spouse shares in any of the

 

 

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1    profits, or potential profits, of the partnership
2    activities; or
3        (C) When, with respect to a corporation, an individual
4    or his or her spouse is an officer or director, or the
5    individual or his or her spouse is a holder, directly or
6    beneficially, of 5% or more of any class of stock of the
7    corporation; or
8        (D) When, with respect to an organization not covered
9    in (A), (B) or (C) above, an individual or his or her
10    spouse is an officer or manages the business affairs, or
11    the individual or his or her spouse is the owner of or
12    otherwise controls 10% or more of the assets of the
13    organization; or
14        (E) When an individual or his or her spouse furnishes
15    5% or more of the capital, whether in cash, goods, or
16    services, for the operation of any business, association,
17    or organization during any calendar year; or
18        (F) When, with respect to a limited liability company,
19    an individual or his or her spouse is a member, or the
20    individual or his or her spouse is a holder, directly or
21    beneficially, of 5% or more of the membership interest of
22    the limited liability company.
23    For purposes of this subsection (g), "individual" includes
24all individuals or their spouses whose combined interest would
25qualify as a substantial interest under this subsection (g)
26and whose activities with respect to an organization,

 

 

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1association, or business are so closely aligned or coordinated
2as to constitute the activities of a single entity.
3    (h) Location restriction. A licensed establishment,
4licensed truck stop establishment, licensed large truck stop
5establishment, licensed fraternal establishment, or licensed
6veterans establishment that is (i) located within 1,000 feet
7of a facility operated by an organization licensee licensed
8under the Illinois Horse Racing Act of 1975 or the home dock of
9a riverboat licensed under the Illinois Gambling Act or (ii)
10located within 100 feet of a school or a place of worship under
11the Religious Corporation Act, is ineligible to operate a
12video gaming terminal. The location restrictions in this
13subsection (h) do not apply if (A) a facility operated by an
14organization licensee, a school, or a place of worship moves
15to or is established within the restricted area after a
16licensed establishment, licensed truck stop establishment,
17licensed large truck stop establishment, licensed fraternal
18establishment, or licensed veterans establishment becomes
19licensed under this Act or (B) a school or place of worship
20moves to or is established within the restricted area after a
21licensed establishment, licensed truck stop establishment,
22licensed large truck stop establishment, licensed fraternal
23establishment, or licensed veterans establishment obtains its
24original liquor license. For the purpose of this subsection,
25"school" means an elementary or secondary public school, or an
26elementary or secondary private school registered with or

 

 

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1recognized by the State Board of Education.
2    Notwithstanding the provisions of this subsection (h), the
3Board may waive the requirement that a licensed establishment,
4licensed truck stop establishment, licensed large truck stop
5establishment, licensed fraternal establishment, or licensed
6veterans establishment not be located within 1,000 feet from a
7facility operated by an organization licensee licensed under
8the Illinois Horse Racing Act of 1975 or the home dock of a
9riverboat licensed under the Illinois Gambling Act. The Board
10shall not grant such waiver if there is any common ownership or
11control, shared business activity, or contractual arrangement
12of any type between the establishment and the organization
13licensee or owners licensee of a riverboat. The Board shall
14adopt rules to implement the provisions of this paragraph.
15    (h-5) Restrictions on licenses in malls. The Board shall
16not grant an application to become a licensed video gaming
17location if the Board determines that granting the application
18would more likely than not cause a terminal operator,
19individually or in combination with other terminal operators,
20licensed video gaming location, or other person or entity, to
21operate the video gaming terminals in 2 or more licensed video
22gaming locations as a single video gaming operation.
23        (1) In making determinations under this subsection
24    (h-5), factors to be considered by the Board shall
25    include, but not be limited to, the following:
26            (A) the physical aspects of the location;

 

 

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1            (B) the ownership, control, or management of the
2        location;
3            (C) any arrangements, understandings, or
4        agreements, written or otherwise, among or involving
5        any persons or entities that involve the conducting of
6        any video gaming business or the sharing of costs or
7        revenues; and
8            (D) the manner in which any terminal operator or
9        other related entity markets, advertises, or otherwise
10        describes any location or locations to any other
11        person or entity or to the public.
12        (2) The Board shall presume, subject to rebuttal, that
13    the granting of an application to become a licensed video
14    gaming location within a mall will cause a terminal
15    operator, individually or in combination with other
16    persons or entities, to operate the video gaming terminals
17    in 2 or more licensed video gaming locations as a single
18    video gaming operation if the Board determines that
19    granting the license would create a local concentration of
20    licensed video gaming locations.
21    For the purposes of this subsection (h-5):
22    "Mall" means a building, or adjoining or connected
23buildings, containing 4 or more separate locations.
24    "Video gaming operation" means the conducting of video
25gaming and all related activities.
26    "Location" means a space within a mall containing a

 

 

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1separate business, a place for a separate business, or a place
2subject to a separate leasing arrangement by the mall owner.
3    "Licensed video gaming location" means a licensed
4establishment, licensed fraternal establishment, licensed
5veterans establishment, licensed truck stop establishment, or
6licensed large truck stop.
7    "Local concentration of licensed video gaming locations"
8means that the combined number of licensed video gaming
9locations within a mall exceed half of the separate locations
10within the mall.
11    (i) Undue economic concentration. In addition to
12considering all other requirements under this Act, in deciding
13whether to approve the operation of video gaming terminals by
14a terminal operator in a location, the Board shall consider
15the impact of any economic concentration of such operation of
16video gaming terminals. The Board shall not allow a terminal
17operator to operate video gaming terminals if the Board
18determines such operation will result in undue economic
19concentration. For purposes of this Section, "undue economic
20concentration" means that a terminal operator would have such
21actual or potential influence over video gaming terminals in
22Illinois as to:
23        (1) substantially impede or suppress competition among
24    terminal operators;
25        (2) adversely impact the economic stability of the
26    video gaming industry in Illinois; or

 

 

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1        (3) negatively impact the purposes of the Video Gaming
2    Act.
3    The Board shall adopt rules concerning undue economic
4concentration with respect to the operation of video gaming
5terminals in Illinois. The rules shall include, but not be
6limited to, (i) limitations on the number of video gaming
7terminals operated by any terminal operator within a defined
8geographic radius and (ii) guidelines on the discontinuation
9of operation of any such video gaming terminals the Board
10determines will cause undue economic concentration.
11    (j) The provisions of the Illinois Antitrust Act are fully
12and equally applicable to the activities of any licensee under
13this Act.
14(Source: P.A. 101-31, eff. 6-28-19.)
 
15    (230 ILCS 40/27)
16    Sec. 27. Prohibition of video gaming by political
17subdivision.
18    (a) A municipality may pass an ordinance prohibiting video
19gaming within the corporate limits of the municipality. A
20county board may, for the unincorporated area of the county,
21pass an ordinance prohibiting video gaming within the
22unincorporated area of the county.
23    (b) On and after July 1, 2022, a qualified fraternal
24organization that derives its charter from a national
25fraternal organization and a qualified veterans organization

 

 

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1that derives its charter from a national veterans organization
2shall be eligible to apply to the Board for a license allowing
3video gaming as a licensed fraternal establishment or a
4licensed veterans establishment if the proposed fraternal
5establishment or veterans establishment is located in:
6        (1) a municipality having a population of not more
7    than 1,000,000 that has enacted an ordinance prohibiting
8    video gaming within the corporate limits; or
9        (2) a county having a population of not more than
10    1,000,000 that has enacted an ordinance prohibiting video
11    gaming within the unincorporated area of the county.
12    If the license is granted by the Board, then the licensed
13fraternal establishment or licensed veterans establishment may
14operate video gaming terminals pursuant to this Act.
15(Source: P.A. 96-34, eff. 7-13-09.)
 
16    (230 ILCS 40/30)
17    Sec. 30. Multiple types of licenses prohibited. A video
18gaming terminal manufacturer may not be licensed as a video
19gaming terminal operator or own, manage, or control a licensed
20establishment, licensed truck stop establishment, licensed
21large truck stop establishment, licensed fraternal
22establishment, or licensed veterans establishment, and shall
23be licensed to sell only to persons having a valid
24distributor's license or, if the manufacturer also holds a
25valid distributor's license, to sell, distribute, lease, or

 

 

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1market to persons having a valid terminal operator's license.
2A video gaming terminal distributor may not be licensed as a
3video gaming terminal operator or own, manage, or control a
4licensed establishment, licensed truck stop establishment,
5licensed large truck stop establishment, licensed fraternal
6establishment, or licensed veterans establishment, and shall
7only contract with a licensed terminal operator. A video
8gaming terminal operator may not be licensed as a video gaming
9terminal manufacturer or distributor or own, manage, or
10control a licensed establishment, licensed truck stop
11establishment, licensed large truck stop establishment,
12licensed fraternal establishment, or licensed veterans
13establishment, and shall be licensed only to contract with
14licensed distributors and licensed establishments, licensed
15truck stop establishments, licensed large truck stop
16establishments, licensed fraternal establishments, and
17licensed veterans establishments. An owner or manager of a
18licensed establishment, licensed truck stop establishment,
19licensed large truck stop establishment, licensed fraternal
20establishment, or licensed veterans establishment may not be
21licensed as a video gaming terminal manufacturer, distributor,
22or operator, and shall only contract with a licensed operator
23to place and service this equipment. A sales agent and broker
24may not be licensed as a manufacturer, distributor, supplier,
25licensed establishment, licensed fraternal establishment,
26licensed veterans establishment, licensed truck stop

 

 

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1establishment, or licensed large truck stop establishment.
2(Source: P.A. 101-31, eff. 6-28-19.)
 
3    (230 ILCS 40/45)
4    Sec. 45. Issuance of license.
5    (a) The burden is upon each applicant to demonstrate his
6suitability for licensure. Each video gaming terminal
7manufacturer, distributor, supplier, operator, handler,
8licensed establishment, licensed truck stop establishment,
9licensed large truck stop establishment, licensed fraternal
10establishment, and licensed veterans establishment shall be
11licensed by the Board. The Board may issue or deny a license
12under this Act to any person pursuant to the same criteria set
13forth in Section 9 of the Illinois Gambling Act.
14    (a-5) The Board shall not grant a license to a person who
15has facilitated, enabled, or participated in the use of
16coin-operated devices for gambling purposes or who is under
17the significant influence or control of such a person. For the
18purposes of this Act, "facilitated, enabled, or participated
19in the use of coin-operated amusement devices for gambling
20purposes" means that the person has been convicted of any
21violation of Article 28 of the Criminal Code of 1961 or the
22Criminal Code of 2012. If there is pending legal action
23against a person for any such violation, then the Board shall
24delay the licensure of that person until the legal action is
25resolved.

 

 

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1    (b) Each person seeking and possessing a license as a
2video gaming terminal manufacturer, distributor, supplier,
3operator, handler, licensed establishment, licensed truck stop
4establishment, licensed large truck stop establishment,
5licensed fraternal establishment, or licensed veterans
6establishment shall submit to a background investigation
7conducted by the Board with the assistance of the Illinois
8State Police or other law enforcement. To the extent that the
9corporate structure of the applicant allows, the background
10investigation shall include any or all of the following as the
11Board deems appropriate or as provided by rule for each
12category of licensure: (i) each beneficiary of a trust, (ii)
13each partner of a partnership, (iii) each member of a limited
14liability company, (iv) each director and officer of a
15publicly or non-publicly held corporation, (v) each
16stockholder of a non-publicly held corporation, (vi) each
17stockholder of 5% or more of a publicly held corporation, or
18(vii) each stockholder of 5% or more in a parent or subsidiary
19corporation.
20    (c) Each person seeking and possessing a license as a
21video gaming terminal manufacturer, distributor, supplier,
22operator, handler, licensed establishment, licensed truck stop
23establishment, licensed large truck stop establishment,
24licensed fraternal establishment, or licensed veterans
25establishment shall disclose the identity of every person,
26association, trust, corporation, or limited liability company

 

 

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1having a greater than 1% direct or indirect pecuniary interest
2in the video gaming terminal operation for which the license
3is sought. If the disclosed entity is a trust, the application
4shall disclose the names and addresses of the beneficiaries;
5if a corporation, the names and addresses of all stockholders
6and directors; if a limited liability company, the names and
7addresses of all members; or if a partnership, the names and
8addresses of all partners, both general and limited.
9    (d) No person may be licensed as a video gaming terminal
10manufacturer, distributor, supplier, operator, handler,
11licensed establishment, licensed truck stop establishment,
12licensed large truck stop establishment, licensed fraternal
13establishment, or licensed veterans establishment if that
14person has been found by the Board to:
15        (1) have a background, including a criminal record,
16    reputation, habits, social or business associations, or
17    prior activities that pose a threat to the public
18    interests of the State or to the security and integrity of
19    video gaming;
20        (2) create or enhance the dangers of unsuitable,
21    unfair, or illegal practices, methods, and activities in
22    the conduct of video gaming; or
23        (3) present questionable business practices and
24    financial arrangements incidental to the conduct of video
25    gaming activities.
26    (e) Any applicant for any license under this Act has the

 

 

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1burden of proving his or her qualifications to the
2satisfaction of the Board. The Board may adopt rules to
3establish additional qualifications and requirements to
4preserve the integrity and security of video gaming in this
5State.
6    (f) A non-refundable application fee shall be paid at the
7time an application for a license is filed with the Board in
8the following amounts:
9        (1) Manufacturer..........................$5,000
10        (2) Distributor...........................$5,000
11        (3) Terminal operator.....................$5,000
12        (4) Supplier..............................$2,500
13        (5) Technician..............................$100
14        (6) Terminal Handler........................$100
15        (7) Licensed establishment, licensed truck stop
16    establishment, licensed large truck stop establishment,
17    licensed fraternal establishment, or licensed
18    veterans establishment...............................$100
19        (8) Sales agent and broker.......................$100
20    (g) The Board shall establish an annual fee for each
21license not to exceed the following:
22        (1) Manufacturer.........................$10,000
23        (2) Distributor..........................$10,000
24        (3) Terminal operator.....................$5,000
25        (4) Supplier..............................$2,000
26        (5) Technician..............................$100

 

 

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1        (6) Licensed establishment, licensed truck stop
2    establishment, licensed large truck stop establishment,
3    licensed fraternal establishment, or licensed
4    veterans establishment..........................$100
5        (7) Video gaming terminal...................$100
6        (8) Terminal Handler............................$100 
7        (9) Sales agent and broker.......................$100
8    (h) A terminal operator and a licensed establishment,
9licensed truck stop establishment, licensed large truck stop
10establishment, licensed fraternal establishment, or licensed
11veterans establishment shall equally split the fees specified
12in item (7) of subsection (g).
13(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
 
14    (230 ILCS 40/50)
15    Sec. 50. Distribution of license fees.
16    (a) All fees collected under Section 45 shall be deposited
17into the State Gaming Fund.
18    (b) Fees collected under Section 45 shall be used as
19follows:
20        (1) Twenty-five percent shall be paid, subject to
21    appropriation by the General Assembly, to the Department
22    of Human Services for administration of programs for the
23    treatment of compulsive gambling.
24        (2) Seventy-five percent shall be used for the
25    administration of this Act.

 

 

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1    (c) All initial terminal handler, technician, sales agent
2and broker, licensed establishment, licensed truck stop
3establishment, licensed large truck establishment, licensed
4fraternal establishment, and licensed fraternal establishment
5licenses issued by the Board under this Act shall be issued for
62 years and are renewable for additional 2-year periods
7annually unless sooner cancelled or terminated. Except as
8provided by Section 8.1 of the Illinois Gambling Act, all
9initial manufacturer, distributor, supplier, and terminal
10operator licenses issued by the Board under this Act shall be
11issued for 4 years and are renewable for additional 4-year
12periods unless sooner cancelled or terminated. No license
13issued under this Act is transferable or assignable.
14(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
 
15    (230 ILCS 40/65)
16    Sec. 65. Fees. A Except as provided in this Section, a
17non-home rule unit of government may not impose any fee for the
18operation of a video gaming terminal in excess of $250 $25 per
19year. The City of Rockford may not impose any fee for the
20operation of a video gaming terminal in excess of $250 per
21year.
22    The cost of any fee imposed under this Act by any home rule
23unit of government or non-home rule unit of government shall
24be shared equally between the terminal operator and the
25applicable licensed establishment, licensed veterans

 

 

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1establishment, licensed truck stop establishment, licensed
2large truck stop establishment, or licensed fraternal
3establishment under this Act.
4(Source: P.A. 101-337, eff. 1-1-20.)
 
5    (230 ILCS 40/90 new)
6    Sec. 90. Regulation by State.
7    (a) The licensure, registration, and regulation of
8manufacturers, distributors, terminal operators, licensed
9technicians, licensed terminal handlers, licensed
10establishments, licensed veterans establishments, licensed
11truck stop establishments, licensed large truck stop
12establishments, and licensed fraternal establishments under
13this Act, and the imposition of fees and other charges under
14this Act in connection with such licensure, registration, and
15regulation, are powers and functions of the State. No non-home
16rule unit may license, register, or otherwise regulate, or
17impose any type of fee or any other charge upon, a
18manufacturer, distributor, terminal operator, licensed
19technician, licensed terminal handler, licensed establishment,
20licensed veterans establishment, licensed truck stop
21establishment, licensed large truck stop establishment, or
22licensed fraternal establishment.
23    (b) The licensure, registration, and regulation of video
24gaming terminals under this Act are powers and functions of
25the State. No non-home rule unit may license, register, or

 

 

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1otherwise regulate video gaming terminals.
2    (c) No home rule municipality or non-home rule unit may
3impose any type of tax upon a: (i) manufacturer, distributor,
4terminal operator, licensed technician, licensed terminal
5handler, licensed establishment, licensed veterans
6establishment, licensed truck stop establishment, licensed
7large truck stop establishment, or licensed fraternal
8establishment or their respective authorized activities under
9this Act; (ii) video gaming terminal; (iii) user or player of
10any video gaming terminals; or (iv) other use, play, or
11operation of video gaming terminals authorized under this Act
12by any person or entity. This subsection (c) is a denial and
13limitation of home rule powers and functions under subsection
14(g) of Section 6 of Article VII of the Illinois Constitution.
15    (d) Any home rule municipality that has adopted an
16ordinance imposing an amusement tax on persons who participate
17in the playing of video gaming terminals before November 1,
182021 may continue to impose such amusement tax pursuant to
19such ordinance but shall not increase, expand, or extend the
20tax or tax rate on such persons participating in playing video
21gaming terminals in excess of that tax or rate set forth in
22such ordinance and shall not otherwise impose any other tax
23upon any entity or person identified in subsection (c). This
24subsection (d) is a denial and limitation of home rule powers
25and functions under subsection (g) of Section 6 of Article VII
26of the Illinois Constitution.
 

 

 

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1    Section 35. The Sports Wagering Act is amended by changing
2Sections 25-10, 25-15, 25-25, 25-30, 25-35, 25-40, and 25-50
3as follows:
 
4    (230 ILCS 45/25-10)
5    Sec. 25-10. Definitions. As used in this Act:
6    "Adjusted gross sports wagering receipts" means a master
7sports wagering licensee's gross sports wagering receipts,
8less winnings paid to wagerers in such games.
9    "Athlete" means any current or former professional athlete
10or collegiate athlete.
11    "Board" means the Illinois Gaming Board.
12    "Covered persons" includes athletes; umpires, referees,
13and officials; personnel associated with clubs, teams,
14leagues, and athletic associations; medical professionals
15(including athletic trainers) who provide services to athletes
16and players; and the family members and associates of these
17persons where required to serve the purposes of this Act.
18    "Department" means the Department of the Lottery.
19    "Gaming facility" means a facility at which gambling
20operations are conducted under the Illinois Gambling Act,
21pari-mutuel wagering is conducted under the Illinois Horse
22Racing Act of 1975, or sports wagering is conducted under this
23Act.
24    "Official league data" means statistics, results,

 

 

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1outcomes, and other data related to a sports event obtained
2pursuant to an agreement with the relevant sports governing
3body, or an entity expressly authorized by the sports
4governing body to provide such information to licensees, that
5authorizes the use of such data for determining the outcome of
6tier 2 sports wagers on such sports events.
7    "Organization licensee" has the meaning given to that term
8in the Illinois Horse Racing Act of 1975.
9    "Owners licensee" means the holder of an owners license
10under the Illinois Gambling Act.
11    "Person" means an individual, partnership, committee,
12association, corporation, or any other organization or group
13of persons.
14    "Personal biometric data" means an athlete's information
15derived from DNA, heart rate, blood pressure, perspiration
16rate, internal or external body temperature, hormone levels,
17glucose levels, hydration levels, vitamin levels, bone
18density, muscle density, and sleep patterns.
19    "Prohibited conduct" includes any statement, action, and
20other communication intended to influence, manipulate, or
21control a betting outcome of a sporting contest or of any
22individual occurrence or performance in a sporting contest in
23exchange for financial gain or to avoid financial or physical
24harm. "Prohibited conduct" includes statements, actions, and
25communications made to a covered person by a third party, such
26as a family member or through social media. "Prohibited

 

 

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1conduct" does not include statements, actions, or
2communications made or sanctioned by a team or sports
3governing body.
4    "Qualified applicant" means an applicant for a license
5under this Act whose application meets the mandatory minimum
6qualification criteria as required by the Board.
7    "Sporting contest" means a sports event or game on which
8the State allows sports wagering to occur under this Act.
9    "Sports event" means a professional sport or athletic
10event, a collegiate sport or athletic event, a motor race
11event, or any other event or competition of relative skill
12authorized by the Board under this Act.
13    "Sports facility" means a facility that hosts sports
14events and holds a seating capacity greater than 17,000
15persons, except in a municipality with a population of more
16than 1,000,000, a seating capacity greater than 10,000
17persons.
18    "Sports governing body" means the organization that
19prescribes final rules and enforces codes of conduct with
20respect to a sports event and participants therein.
21    "Sports wagering" means accepting wagers on sports events
22or portions of sports events, or on the individual performance
23statistics of athletes in a sports event or combination of
24sports events, by any system or method of wagering, including,
25but not limited to, in person or over the Internet through
26websites and on mobile devices. "Sports wagering" includes,

 

 

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1but is not limited to, single-game bets, teaser bets, parlays,
2over-under, moneyline, pools, exchange wagering, in-game
3wagering, in-play bets, proposition bets, and straight bets.
4    "Sports wagering account" means a financial record
5established by a master sports wagering licensee for an
6individual patron in which the patron may deposit and withdraw
7funds for sports wagering and other authorized purchases and
8to which the master sports wagering licensee may credit
9winnings or other amounts due to that patron or authorized by
10that patron.
11    "Tier 1 sports wager" means a sports wager that is
12determined solely by the final score or final outcome of the
13sports event and is placed before the sports event has begun.
14    "Tier 2 sports wager" means a sports wager that is not a
15tier 1 sports wager.
16    "Wager" means a sum of money or thing of value risked on an
17uncertain occurrence.
18    "Winning bidder" means a qualified applicant for a master
19sports wagering license chosen through the competitive
20selection process under Section 25-45.
21(Source: P.A. 101-31, eff. 6-28-19.)
 
22    (230 ILCS 45/25-15)
23    Sec. 25-15. Board duties and powers.
24    (a) Except for sports wagering conducted under Section
2525-70, the Board shall have the authority to regulate the

 

 

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1conduct of sports wagering under this Act.
2    (b) The Board may adopt any rules the Board considers
3necessary for the successful implementation, administration,
4and enforcement of this Act, except for Section 25-70. Rules
5proposed by the Board may be adopted as emergency rules
6pursuant to Section 5-45 of the Illinois Administrative
7Procedure Act.
8    (c) The Board shall levy and collect all fees, surcharges,
9civil penalties, and monthly taxes on adjusted gross sports
10wagering receipts imposed by this Act and deposit all moneys
11into the Sports Wagering Fund, except as otherwise provided
12under this Act.
13    (d) The Board may exercise any other powers necessary to
14enforce the provisions of this Act that it regulates and the
15rules of the Board.
16    (e) The Board shall adopt rules for a license to be
17employed by a master sports wagering licensee when the
18employee works in a designated gaming area that has sports
19wagering or performs duties in furtherance of or associated
20with the operation of sports wagering by the master sports
21wagering licensee (occupational license), which shall require
22an annual license fee of $250. However, occupational licenses
23issued under the Illinois Gambling Act for employees of an
24owners license or organization gaming licensee, once granted,
25are considered equivalent licenses to work in sports wagering
26positions located at the same gaming facility. License fees

 

 

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1shall be deposited into the State Gaming Fund and used for the
2administration of this Act.
3    (f) The Board may require that licensees share, in real
4time and at the sports wagering account level, information
5regarding a wagerer, amount and type of wager, the time the
6wager was placed, the location of the wager, including the
7Internet protocol address, if applicable, the outcome of the
8wager, and records of abnormal wagering activity. Information
9shared under this subsection (f) must be submitted in the form
10and manner as required by rule. If a sports governing body has
11notified the Board that real-time information sharing for
12wagers placed on its sports events is necessary and desirable,
13licensees may share the same information in the form and
14manner required by the Board by rule with the sports governing
15body or its designee with respect to wagers on its sports
16events subject to applicable federal, State, or local laws or
17regulations, including, without limitation, privacy laws and
18regulations. Such information may be provided in anonymized
19form and may be used by a sports governing body solely for
20integrity purposes. For purposes of this subsection (f),
21"real-time" means a commercially reasonable periodic interval.
22    (g) A master sports wagering licensee, professional sports
23team, league, or association, sports governing body, or
24institution of higher education may submit to the Board in
25writing a request to prohibit a type or form of wagering if the
26master sports wagering licensee, professional sports team,

 

 

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1league, or association, sports governing body, or institution
2of higher education believes that such wagering by type or
3form is contrary to public policy, unfair to consumers, or
4affects the integrity of a particular sport or the sports
5betting industry. The Board shall grant the request upon a
6demonstration of good cause from the requester and
7consultation with licensees. The Board shall respond to a
8request pursuant to this subsection (g) concerning a
9particular event before the start of the event or, if it is not
10feasible to respond before the start of the event, as soon as
11practicable.
12    (h) The Board and master sports wagering licensees may
13cooperate with investigations conducted by sports governing
14bodies or law enforcement agencies, including, but not limited
15to, providing and facilitating the provision of account-level
16betting information and audio or video files relating to
17persons placing wagers.
18    (i) A master sports wagering licensee shall make
19commercially reasonable efforts to promptly notify the Board
20any information relating to:
21        (1) criminal or disciplinary proceedings commenced
22    against the master sports wagering licensee in connection
23    with its operations;
24        (2) abnormal wagering activity or patterns that may
25    indicate a concern with the integrity of a sports event or
26    sports events;

 

 

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1        (3) any potential breach of the relevant sports
2    governing body's internal rules and codes of conduct
3    pertaining to sports wagering that a licensee has
4    knowledge of;
5        (4) any other conduct that corrupts a wagering outcome
6    of a sports event or sports events for purposes of
7    financial gain, including match fixing; and
8        (5) suspicious or illegal wagering activities,
9    including use of funds derived from illegal activity,
10    wagers to conceal or launder funds derived from illegal
11    activity, using agents to place wagers, and using false
12    identification.
13    A master sports wagering licensee shall also make
14commercially reasonable efforts to promptly report information
15relating to conduct described in paragraphs (2), (3), and (4)
16of this subsection (i) to the relevant sports governing body.
17(Source: P.A. 101-31, eff. 6-28-19.)
 
18    (230 ILCS 45/25-25)
19    Sec. 25-25. Sports wagering authorized.
20    (a) Notwithstanding any provision of law to the contrary,
21the operation of sports wagering is only lawful when conducted
22in accordance with the provisions of this Act and the rules of
23the Illinois Gaming Board and the Department of the Lottery.
24    (b) A person placing a wager under this Act shall be at
25least 21 years of age.

 

 

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1    (c) A licensee under this Act may not accept a wager on a
2minor league sports event.
3    (d) Except as otherwise provided in this Section, a A
4licensee under this Act may not accept a wager for a sports
5event involving an Illinois collegiate team.
6    (d-5) Beginning on the effective date of this amendatory
7Act of the 102nd General Assembly until July 1, 2023, a
8licensee under this Act may accept a wager for a sports event
9involving an Illinois collegiate team if:
10        (1) the wager is a tier 1 wager;
11        (2) the wager is not related to an individual
12    athlete's performance; and
13        (3) the wager is made in person instead of over the
14    Internet or through a mobile application.
15    (e) A licensee under this Act may only accept a wager from
16a person physically located in the State.
17    (f) Master sports wagering licensees may use any data
18source for determining the results of all tier 1 sports
19wagers.
20    (g) A sports governing body headquartered in the United
21States may notify the Board that it desires to supply official
22league data to master sports wagering licensees for
23determining the results of tier 2 sports wagers. Such
24notification shall be made in the form and manner as the Board
25may require. If a sports governing body does not notify the
26Board of its desire to supply official league data, a master

 

 

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1sports wagering licensee may use any data source for
2determining the results of any and all tier 2 sports wagers on
3sports contests for that sports governing body.
4    Within 30 days of a sports governing body notifying the
5Board, master sports wagering licensees shall use only
6official league data to determine the results of tier 2 sports
7wagers on sports events sanctioned by that sports governing
8body, unless: (1) the sports governing body or designee cannot
9provide a feed of official league data to determine the
10results of a particular type of tier 2 sports wager, in which
11case master sports wagering licensees may use any data source
12for determining the results of the applicable tier 2 sports
13wager until such time as such data feed becomes available on
14commercially reasonable terms; or (2) a master sports wagering
15licensee can demonstrate to the Board that the sports
16governing body or its designee cannot provide a feed of
17official league data to the master sports wagering licensee on
18commercially reasonable terms. During the pendency of the
19Board's determination, such master sports wagering licensee
20may use any data source for determining the results of any and
21all tier 2 sports wagers.
22    (h) A licensee under this Act may not accept wagers on a
23kindergarten through 12th grade sports event.
24(Source: P.A. 101-31, eff. 6-28-19.)
 
25    (230 ILCS 45/25-30)

 

 

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1    Sec. 25-30. Master sports wagering license issued to an
2organization licensee.
3    (a) An organization licensee may apply to the Board for a
4master sports wagering license. To the extent permitted by
5federal and State law, the Board shall actively seek to
6achieve racial, ethnic, and geographic diversity when issuing
7master sports wagering licenses to organization licensees and
8encourage minority-owned businesses, women-owned businesses,
9veteran-owned businesses, and businesses owned by persons with
10disabilities to apply for licensure. Additionally, the report
11published under subsection (m) of Section 25-45 shall impact
12the issuance of the master sports wagering license to the
13extent permitted by federal and State law.
14    For the purposes of this subsection (a), "minority-owned
15business", "women-owned business", and "business owned by
16persons with disabilities" have the meanings given to those
17terms in Section 2 of the Business Enterprise for Minorities,
18Women, and Persons with Disabilities Act.
19    (b) Except as otherwise provided in this subsection (b),
20the initial license fee for a master sports wagering license
21for an organization licensee is 5% of its handle from the
22preceding calendar year or the lowest amount that is required
23to be paid as an initial license fee by an owners licensee
24under subsection (b) of Section 25-35, whichever is greater.
25No initial license fee shall exceed $10,000,000. An
26organization licensee licensed on the effective date of this

 

 

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1Act shall pay the initial master sports wagering license fee
2by July 1, 2021. For an organization licensee licensed after
3the effective date of this Act, the master sports wagering
4license fee shall be $5,000,000, but the amount shall be
5adjusted 12 months after the organization licensee begins
6racing operations based on 5% of its handle from the first 12
7months of racing operations. The master sports wagering
8license is valid for 4 years.
9    (c) The organization licensee may renew the master sports
10wagering license for a period of 4 years by paying a $1,000,000
11renewal fee to the Board.
12    (d) An organization licensee issued a master sports
13wagering license may conduct sports wagering:
14        (1) at its facility at which inter-track wagering is
15    conducted pursuant to an inter-track wagering license
16    under the Illinois Horse Racing Act of 1975;
17        (2) at 3 inter-track wagering locations if the
18    inter-track wagering location licensee from which it
19    derives its license is an organization licensee that is
20    issued a master sports wagering license; and
21        (3) over the Internet or through a mobile application.
22    (e) The sports wagering offered over the Internet or
23through a mobile application shall only be offered under
24either the same brand as the organization licensee is
25operating under or a brand owned by a direct or indirect
26holding company that owns at least an 80% interest in that

 

 

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1organization licensee on the effective date of this Act.
2    (f) Until issuance of the first license under Section
325-45 or March 5, 2022, whichever occurs first, an individual
4must create a sports wagering account in person at a facility
5under paragraph (1) or (2) of subsection (d) to participate in
6sports wagering offered over the Internet or through a mobile
7application.
8(Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
 
9    (230 ILCS 45/25-35)
10    Sec. 25-35. Master sports wagering license issued to an
11owners licensee.
12    (a) An owners licensee may apply to the Board for a master
13sports wagering license. To the extent permitted by federal
14and State law, the Board shall actively seek to achieve
15racial, ethnic, and geographic diversity when issuing master
16sports wagering licenses to owners licensees and encourage
17minority-owned businesses, women-owned businesses,
18veteran-owned businesses, and businesses owned by persons with
19disabilities to apply for licensure. Additionally, the report
20published under subsection (m) of Section 25-45 shall impact
21the issuance of the master sports wagering license to the
22extent permitted by federal and State law.
23    For the purposes of this subsection (a), "minority-owned
24business", "women-owned business", and "business owned by
25persons with disabilities" have the meanings given to those

 

 

HB3136 Enrolled- 96 -LRB102 14595 SPS 19948 b

1terms in Section 2 of the Business Enterprise for Minorities,
2Women, and Persons with Disabilities Act.
3    (b) Except as otherwise provided in subsection (b-5), the
4initial license fee for a master sports wagering license for
5an owners licensee is 5% of its adjusted gross receipts from
6the preceding calendar year. No initial license fee shall
7exceed $10,000,000. An owners licensee licensed on the
8effective date of this Act shall pay the initial master sports
9wagering license fee by July 1, 2021. The master sports
10wagering license is valid for 4 years.
11    (b-5) For an owners licensee licensed after the effective
12date of this Act, the master sports wagering license fee shall
13be $5,000,000, but the amount shall be adjusted 12 months
14after the owners licensee begins gambling operations under the
15Illinois Gambling Act based on 5% of its adjusted gross
16receipts from the first 12 months of gambling operations. The
17master sports wagering license is valid for 4 years.
18    (c) The owners licensee may renew the master sports
19wagering license for a period of 4 years by paying a $1,000,000
20renewal fee to the Board.
21    (d) An owners licensee issued a master sports wagering
22license may conduct sports wagering:
23        (1) at its facility in this State that is authorized
24    to conduct gambling operations under the Illinois Gambling
25    Act; and
26        (2) over the Internet or through a mobile application.

 

 

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1    (e) The sports wagering offered over the Internet or
2through a mobile application shall only be offered under
3either the same brand as the owners licensee is operating
4under or a brand owned by a direct or indirect holding company
5that owns at least an 80% interest in that owners licensee on
6the effective date of this Act.
7    (f) Until issuance of the first license under Section
825-45 or March 5, 2022, whichever occurs first, an individual
9must create a sports wagering account in person at a facility
10under paragraph (1) of subsection (d) to participate in sports
11wagering offered over the Internet or through a mobile
12application.
13(Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
 
14    (230 ILCS 45/25-40)
15    Sec. 25-40. Master sports wagering license issued to a
16sports facility.
17    (a) As used in this Section, "designee" means a master
18sports wagering licensee under Section 25-30, 25-35, or 25-45
19or a management services provider licensee.
20    (b) A sports facility or a designee contracted to operate
21sports wagering at or within a 5-block radius of the sports
22facility may apply to the Board for a master sports wagering
23license. To the extent permitted by federal and State law, the
24Board shall actively seek to achieve racial, ethnic, and
25geographic diversity when issuing master sports wagering

 

 

HB3136 Enrolled- 98 -LRB102 14595 SPS 19948 b

1licenses to sports facilities or their designees and encourage
2minority-owned businesses, women-owned businesses,
3veteran-owned businesses, and businesses owned by persons with
4disabilities to apply for licensure. Additionally, the report
5published under subsection (m) of Section 25-45 shall impact
6the issuance of the master sports wagering license to the
7extent permitted by federal and State law.
8    For the purposes of this subsection (b), "minority-owned
9business", "women-owned business", and "business owned by
10persons with disabilities" have the meanings given to those
11terms in Section 2 of the Business Enterprise for Minorities,
12Women, and Persons with Disabilities Act.
13    (c) The Board may issue up to 7 master sports wagering
14licenses to sports facilities or their designees that meet the
15requirements for licensure as determined by rule by the Board.
16If more than 7 qualified applicants apply for a master sports
17wagering license under this Section, the licenses shall be
18granted in the order in which the applications were received.
19If a license is denied, revoked, or not renewed, the Board may
20begin a new application process and issue a license under this
21Section in the order in which the application was received.
22    (d) The initial license fee for a master sports wagering
23license for a sports facility is $10,000,000. The master
24sports wagering license is valid for 4 years.
25    (e) The sports facility or its designee may renew the
26master sports wagering license for a period of 4 years by

 

 

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1paying a $1,000,000 renewal fee to the Board.
2    (f) A sports facility or its designee issued a master
3sports wagering license may conduct sports wagering at or
4within a 5-block radius of the sports facility.
5    (g) A sports facility or its designee issued a master
6sports wagering license may conduct sports wagering over the
7Internet within the sports facility or within a 5-block radius
8of the sports facility.
9    (h) The sports wagering offered by a sports facility or
10its designee over the Internet or through a mobile application
11shall be offered under the same brand as the sports facility is
12operating under, the brand the designee is operating under, or
13a combination thereof.
14    (i) Until issuance of the first license under Section
1525-45 or March 5, 2022, whichever occurs first, an individual
16must register in person at a sports facility or the designee's
17facility to participate in sports wagering offered over the
18Internet or through a mobile application.
19(Source: P.A. 101-31, eff. 6-28-19.)
 
20    (230 ILCS 45/25-50)
21    Sec. 25-50. Supplier license.
22    (a) The Board may issue a supplier license to a person to
23sell or lease sports wagering equipment, systems, or other
24gaming items to conduct sports wagering and offer services
25related to the equipment or other gaming items and data to a

 

 

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1master sports wagering licensee while the license is active.
2    (b) The Board may adopt rules establishing additional
3requirements for a supplier and any system or other equipment
4utilized for sports wagering. The Board may accept licensing
5by another jurisdiction that it specifically determines to
6have similar licensing requirements as evidence the applicant
7meets supplier licensing requirements.
8    (c) An applicant for a supplier license shall demonstrate
9that the equipment, system, or services that the applicant
10plans to offer to the master sports wagering licensee conforms
11to standards established by the Board and applicable State
12law. The Board may accept approval by another jurisdiction
13that it specifically determines have similar equipment
14standards as evidence the applicant meets the standards
15established by the Board and applicable State law.
16    (d) Applicants shall pay to the Board a nonrefundable
17license and application fee in the amount of $150,000. Except
18as provided by Section 8.1 of the Illinois Gambling Act, the
19initial supplier license shall be issued for 4 years unless
20sooner canceled or terminated. After the initial period 4-year
21term, the Board shall renew supplier licenses for additional
224-year periods unless sooner canceled or terminated annually
23thereafter. Renewal of a supplier license shall be granted to
24a renewal applicant who has continued to comply with all
25applicable statutory and regulatory requirements, upon
26submission of the Board-issued renewal form and payment of a

 

 

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1$150,000 renewal fee. Beginning 4 years after issuance of the
2initial supplier license, a holder of a supplier license shall
3pay a $150,000 annual license fee.
4    (e) A supplier shall submit to the Board a list of all
5sports wagering equipment and services sold, delivered, or
6offered to a master sports wagering licensee in this State, as
7required by the Board, all of which must be tested and approved
8by an independent testing laboratory approved by the Board. A
9master sports wagering licensee may continue to use supplies
10acquired from a licensed supplier, even if a supplier's
11license expires or is otherwise canceled, unless the Board
12finds a defect in the supplies.
13(Source: P.A. 101-31, eff. 6-28-19.)
 
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.