Full Text of SB1805 100th General Assembly
SB1805eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Riverboat Gambling Act is amended by | 5 | | changing Sections 7 and 7.6 as follows:
| 6 | | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| 7 | | Sec. 7. Owners Licenses.
| 8 | | (a) The Board shall issue owners licenses to persons, firms | 9 | | or
corporations which apply for such licenses upon payment to | 10 | | the Board of the
non-refundable license fee set by the Board, | 11 | | upon payment of a $25,000
license fee for the first year of | 12 | | operation and a $5,000 license fee for
each succeeding year and | 13 | | upon a determination by the Board that the
applicant is | 14 | | eligible for an owners license pursuant to this Act and the
| 15 | | rules of the Board. From the effective date of this amendatory | 16 | | Act of the 95th General Assembly until (i) 3 years after the | 17 | | effective date of this amendatory Act of the 95th General | 18 | | Assembly, (ii) the date any organization licensee begins to | 19 | | operate a slot machine or video game of chance under the | 20 | | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | 21 | | that payments begin under subsection (c-5) of Section 13 of the | 22 | | Act, or (iv) the wagering tax imposed under Section 13 of this | 23 | | Act is increased by law to reflect a tax rate that is at least |
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| 1 | | as stringent or more stringent than the tax rate contained in | 2 | | subsection (a-3) of Section 13, whichever occurs first, as a | 3 | | condition of licensure and as an alternative source of payment | 4 | | for those funds payable under subsection (c-5) of Section 13 of | 5 | | the Riverboat Gambling Act, any owners licensee that holds or | 6 | | receives its owners license on or after the effective date of | 7 | | this amendatory Act of the 94th General Assembly, other than an | 8 | | owners licensee operating a riverboat with adjusted gross | 9 | | receipts in calendar year 2004 of less than $200,000,000, must | 10 | | pay into the Horse Racing Equity Trust Fund, in addition to any | 11 | | other payments required under this Act, an amount equal to 3% | 12 | | of the adjusted gross receipts received by the owners licensee. | 13 | | The payments required under this Section shall be made by the | 14 | | owners licensee to the State Treasurer no later than 3:00 | 15 | | o'clock p.m. of the day after the day when the adjusted gross | 16 | | receipts were received by the owners licensee. A person, firm | 17 | | or corporation is ineligible to receive
an owners license if:
| 18 | | (1) the person has been convicted of a felony under the | 19 | | laws of this
State, any other state, or the United States;
| 20 | | (2) the person has been convicted of any violation of | 21 | | Article 28 of the
Criminal Code of 1961 or the Criminal | 22 | | Code of 2012, or substantially similar laws of any other | 23 | | jurisdiction;
| 24 | | (3) the person has submitted an application for a | 25 | | license under this
Act which contains false information;
| 26 | | (4) the person is
a member of the Board;
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| 1 | | (5) a person defined in (1), (2), (3) or (4) is an | 2 | | officer, director or
managerial employee of the firm or | 3 | | corporation;
| 4 | | (6) the firm or corporation employs a person defined in | 5 | | (1), (2), (3) or
(4) who participates in the management or | 6 | | operation of gambling operations
authorized under this | 7 | | Act;
| 8 | | (7) (blank); or
| 9 | | (8) a license of the person, firm or corporation issued | 10 | | under
this Act, or a license to own or operate gambling | 11 | | facilities
in any other jurisdiction, has been revoked.
| 12 | | The Board is expressly prohibited from making changes to | 13 | | the requirement that licensees make payment into the Horse | 14 | | Racing Equity Trust Fund without the express authority of the | 15 | | Illinois General Assembly and making any other rule to | 16 | | implement or interpret this amendatory Act of the 95th General | 17 | | Assembly. For the purposes of this paragraph, "rules" is given | 18 | | the meaning given to that term in Section 1-70 of the Illinois | 19 | | Administrative Procedure Act. | 20 | | (b) In determining whether to grant an owners license to an | 21 | | applicant, the
Board shall consider:
| 22 | | (1) the character, reputation, experience and | 23 | | financial integrity of the
applicants and of any other or | 24 | | separate person that either:
| 25 | | (A) controls, directly or indirectly, such | 26 | | applicant, or
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| 1 | | (B) is controlled, directly or indirectly, by such | 2 | | applicant or by a
person which controls, directly or | 3 | | indirectly, such applicant;
| 4 | | (2) the facilities or proposed facilities for the | 5 | | conduct of riverboat
gambling;
| 6 | | (3) the highest prospective total revenue to be derived | 7 | | by the State
from the conduct of riverboat gambling;
| 8 | | (4) the extent to which the ownership of the applicant | 9 | | reflects the
diversity of the State by including minority | 10 | | persons, females, and persons with a disability
and the | 11 | | good faith affirmative action plan of
each applicant to | 12 | | recruit, train and upgrade minority persons, females, and | 13 | | persons with a disability in all employment | 14 | | classifications;
| 15 | | (4.5) the extent to which the ownership of the | 16 | | applicant includes veterans of service in the armed forces | 17 | | of the United States, and the good faith affirmative action | 18 | | plan of each applicant to recruit, train, and upgrade | 19 | | veterans of service in the armed forces of the United | 20 | | States in all employment classifications; | 21 | | (5) the financial ability of the applicant to purchase | 22 | | and maintain
adequate liability and casualty insurance;
| 23 | | (6) whether the applicant has adequate capitalization | 24 | | to provide and
maintain, for the duration of a license, a | 25 | | riverboat;
| 26 | | (7) the extent to which the applicant exceeds or meets |
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| 1 | | other standards
for the issuance of an owners license which | 2 | | the Board may adopt by rule;
and
| 3 | | (8) The amount of the applicant's license bid.
| 4 | | (c) Each owners license shall specify the place where | 5 | | riverboats shall
operate and dock.
| 6 | | (d) Each applicant shall submit with his application, on | 7 | | forms
provided by the Board, 2 sets of his fingerprints.
| 8 | | (e) The Board may issue up to 10 licenses authorizing the | 9 | | holders of such
licenses to own riverboats. In the application | 10 | | for an owners license, the
applicant shall state the dock at | 11 | | which the riverboat is based and the water
on which the | 12 | | riverboat will be located. The Board shall issue 5 licenses to
| 13 | | become effective not earlier than January 1, 1991. Three of | 14 | | such licenses
shall authorize riverboat gambling on the | 15 | | Mississippi River, or, with approval
by the municipality in | 16 | | which the
riverboat was docked on August 7, 2003 and with Board | 17 | | approval, be authorized to relocate to a new location,
in a
| 18 | | municipality that (1) borders on the Mississippi River or is | 19 | | within 5
miles of the city limits of a municipality that | 20 | | borders on the Mississippi
River and (2), on August 7, 2003, | 21 | | had a riverboat conducting riverboat gambling operations | 22 | | pursuant to
a license issued under this Act; one of which shall | 23 | | authorize riverboat
gambling from a home dock in the city of | 24 | | East St. Louis. One other license
shall
authorize riverboat | 25 | | gambling on
the Illinois River south of Marshall County. The | 26 | | Board shall issue one
additional license to become effective |
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| 1 | | not earlier than March 1, 1992, which
shall authorize riverboat | 2 | | gambling on the Des Plaines River in Will County.
The Board may | 3 | | issue 4 additional licenses to become effective not
earlier | 4 | | than
March 1, 1992. In determining the water upon which | 5 | | riverboats will operate,
the Board shall consider the economic | 6 | | benefit which riverboat gambling confers
on the State, and | 7 | | shall seek to assure that all regions of the State share
in the | 8 | | economic benefits of riverboat gambling.
| 9 | | In granting all licenses, the Board may give favorable | 10 | | consideration to
economically depressed areas of the State, to | 11 | | applicants presenting plans
which provide for significant | 12 | | economic development over a large geographic
area, and to | 13 | | applicants who currently operate non-gambling riverboats in
| 14 | | Illinois.
The Board shall review all applications for owners | 15 | | licenses,
and shall inform each applicant of the Board's | 16 | | decision.
The Board may grant an owners license to an
applicant | 17 | | that has not submitted the highest license bid, but if it does | 18 | | not
select the highest bidder, the Board shall issue a written | 19 | | decision explaining
why another
applicant was selected and | 20 | | identifying the factors set forth in this Section
that favored | 21 | | the winning bidder.
| 22 | | In addition to any other revocation powers granted to the | 23 | | Board under this
Act,
the Board may revoke the owners license | 24 | | of a licensee which fails
to begin conducting gambling within | 25 | | 15 months
of receipt of the
Board's approval of the application | 26 | | if the Board determines that license
revocation is in the best |
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| 1 | | interests of the State.
| 2 | | (f) The first 10 owners licenses issued under this Act | 3 | | shall permit the
holder to own up to 2 riverboats and equipment | 4 | | thereon
for a period of 3 years after the effective date of the | 5 | | license. Holders of
the first 10 owners licenses must pay the | 6 | | annual license fee for each of
the 3
years during which they | 7 | | are authorized to own riverboats.
| 8 | | (g) Upon the termination, expiration, or revocation of each | 9 | | of the first
10 licenses, which shall be issued for a 3 year | 10 | | period, all licenses are
renewable annually upon payment of the | 11 | | fee and a determination by the Board
that the licensee | 12 | | continues to meet all of the requirements of this Act and the
| 13 | | Board's rules.
However, for licenses renewed on or after May 1, | 14 | | 1998, renewal shall be
for a period of 4 years, unless the | 15 | | Board sets a shorter period.
| 16 | | (h) An owners license shall entitle the licensee to own up | 17 | | to 2
riverboats. A licensee shall limit the number of gambling | 18 | | participants to
1,200 for any such owners license.
A licensee | 19 | | may operate both of its riverboats concurrently, provided that | 20 | | the
total number of gambling participants on both riverboats | 21 | | does not exceed
1,200. Riverboats licensed to operate on the
| 22 | | Mississippi River and the Illinois River south of Marshall | 23 | | County shall
have an authorized capacity of at least 500 | 24 | | persons. Any other riverboat
licensed under this Act shall have | 25 | | an authorized capacity of at least 400
persons.
| 26 | | (i) A licensed owner is authorized to apply to the Board |
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| 1 | | for and, if
approved therefor, to receive all licenses from the | 2 | | Board necessary for the
operation of a riverboat, including a | 3 | | liquor license, a license
to prepare and serve food for human | 4 | | consumption, and other necessary
licenses. All use, occupation | 5 | | and excise taxes which apply to the sale of
food and beverages | 6 | | in this State and all taxes imposed on the sale or use
of | 7 | | tangible personal property apply to such sales aboard the | 8 | | riverboat.
| 9 | | (j) The Board may issue or re-issue a license authorizing a | 10 | | riverboat to
dock
in a municipality or approve a relocation | 11 | | under Section 11.2 only if, prior
to the issuance or | 12 | | re-issuance of
the license or approval, the governing body of | 13 | | the municipality in which
the riverboat will dock has by a | 14 | | majority vote approved the docking of
riverboats in the | 15 | | municipality. The Board may issue or re-issue a license
| 16 | | authorizing a
riverboat to dock in areas of a county outside | 17 | | any municipality or approve a
relocation under Section 11.2 | 18 | | only if, prior to the issuance or re-issuance
of the license
or | 19 | | approval, the
governing body of the county has by a majority | 20 | | vote approved of the docking of
riverboats within such areas.
| 21 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| 22 | | (230 ILCS 10/7.6) | 23 | | Sec. 7.6. Business enterprise program. | 24 | | (a) For the purposes of this Section, the terms "minority", | 25 | | "minority owned business", "female", "female owned business", |
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| 1 | | "person with a disability", and "business owned by a person | 2 | | with a disability" have the meanings ascribed to them in the | 3 | | Business Enterprise for Minorities, Females, and Persons with | 4 | | Disabilities Act. | 5 | | (b) The Board shall, by rule, establish goals for the award | 6 | | of contracts by each owners licensee to businesses owned by | 7 | | minorities, females, and persons with disabilities, expressed | 8 | | as percentages of an owners licensee's total dollar amount of | 9 | | contracts awarded during each calendar year. Each owners | 10 | | licensee must make every effort to meet the goals established | 11 | | by the Board pursuant to this Section. When setting the goals | 12 | | for the award of contracts, the Board shall not include | 13 | | contracts where: (1) any purchasing mandates would be dependent | 14 | | upon the availability of minority owned businesses, female | 15 | | owned businesses, and businesses owned by persons with | 16 | | disabilities ready, willing, and able with capacity to provide | 17 | | quality goods and services to a gaming operation at reasonable | 18 | | prices; (2) there are no or a limited number of licensed | 19 | | suppliers as defined by this Act for the goods or services | 20 | | provided to the licensee; (3) the licensee or its parent | 21 | | company owns a company that provides the goods or services; or | 22 | | (4) the goods or services are provided to the licensee by a | 23 | | publicly traded company. | 24 | | (c) Each owners licensee shall file with the Board an | 25 | | annual report of its utilization of minority owned businesses, | 26 | | female owned businesses, and businesses owned by persons with |
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| 1 | | disabilities during the preceding calendar year. The reports | 2 | | shall include a self-evaluation of the efforts of the owners | 3 | | licensee to meet its goals under this Section. | 4 | | (c-5) The Board shall, by rule, establish goals for the | 5 | | award of contracts by each owners licensee to businesses owned | 6 | | by veterans of service in the armed forces of the United | 7 | | States, expressed as percentages of an owners licensee's total | 8 | | dollar amount of contracts awarded during each calendar year. | 9 | | When setting the goals for the award of contracts, the Board | 10 | | shall not include contracts where: (1) any purchasing mandates | 11 | | would be dependent upon the availability of veteran-owned | 12 | | businesses ready, willing, and able with capacity to provide | 13 | | quality goods and services to a gaming operation at reasonable | 14 | | prices; (2) there are no or a limited number of licensed | 15 | | suppliers as defined in this Act for the goods or services | 16 | | provided to the licensee: (3) the licensee or its parent | 17 | | company owns a company that provides the goods or services; or | 18 | | (4) the goods or services are provided to the licensee by a | 19 | | publicly traded company. | 20 | | Each owners licensee shall file with the Board an annual | 21 | | report of its utilization of veteran-owned businesses during | 22 | | the preceding calendar year. The reports shall include a | 23 | | self-evaluation of the efforts of the owners licensee to meet | 24 | | its goals under this Section. | 25 | | (d) The owners licensee shall have the right to request a | 26 | | waiver from the requirements of this Section. The Board shall |
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| 1 | | grant the waiver where the owners licensee demonstrates that | 2 | | there has been made a good faith effort to comply with the | 3 | | goals for participation by minority owned businesses, female
| 4 | | owned businesses, and businesses owned by persons with
| 5 | | disabilities , and veteran-owned businesses . | 6 | | (e) If the Board determines that its goals and policies are | 7 | | not being met by any owners licensee, then the Board may: | 8 | | (1) adopt remedies for such violations; and | 9 | | (2) recommend that the owners licensee provide | 10 | | additional opportunities for participation by minority | 11 | | owned businesses, female owned businesses, and businesses | 12 | | owned by persons with disabilities , and veteran-owned | 13 | | businesses ; such recommendations may include, but shall | 14 | | not be limited to: | 15 | | (A) assurances of stronger and better focused
| 16 | | solicitation efforts to obtain more minority owned | 17 | | businesses, female owned businesses, and businesses | 18 | | owned by persons with disabilities , and veteran-owned | 19 | | businesses as potential sources of supply; | 20 | | (B) division of job or project requirements, when
| 21 | | economically feasible, into tasks or quantities to | 22 | | permit participation of minority owned businesses, | 23 | | female owned businesses, and businesses owned by | 24 | | persons with disabilities , and veteran-owned | 25 | | businesses ; | 26 | | (C) elimination of extended experience or
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| 1 | | capitalization requirements, when programmatically | 2 | | feasible, to permit participation of minority owned | 3 | | businesses, female owned businesses, and businesses | 4 | | owned by persons with disabilities , and veteran-owned | 5 | | businesses ; | 6 | | (D) identification of specific proposed contracts | 7 | | as
particularly attractive or appropriate for | 8 | | participation by minority owned businesses, female | 9 | | owned businesses, and businesses owned by persons with | 10 | | disabilities , and veteran-owned businesses , such | 11 | | identification to result from and be coupled with the | 12 | | efforts of items (A) through (C);
and | 13 | | (E) implementation of regulations established
for | 14 | | the use of the sheltered market process. | 15 | | (f) The Board shall file, no later than May 31 March 1 of | 16 | | each year, an annual report that shall detail the level of | 17 | | achievement toward the goals specified in this Section over the | 18 | | 3 most recent fiscal years. The annual report shall include, | 19 | | but need not be limited to: | 20 | | (1) a summary detailing expenditures subject
to the | 21 | | goals, the actual goals specified, and the goals attained | 22 | | by each owners licensee; and | 23 | | (2) an analysis of the level of overall goal
| 24 | | achievement concerning purchases from minority owned | 25 | | businesses, female owned businesses, and businesses owned | 26 | | by persons with disabilities , and veteran-owned |
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| 1 | | businesses .
| 2 | | (Source: P.A. 98-490, eff. 8-16-13; 99-78, eff. 7-20-15.)
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