SB0516ham005 101ST GENERAL ASSEMBLY

Rep. Robert Rita

Filed: 5/22/2020

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 516

2    AMENDMENT NO. ______. Amend Senate Bill 516, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Gambling Act is amended by
6changing Sections 7, 7.7, and 13 as follows:
 
7    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
8    Sec. 7. Owners licenses.
9    (a) The Board shall issue owners licenses to persons or
10entities that apply for such licenses upon payment to the Board
11of the non-refundable license fee as provided in subsection (e)
12or (e-5) and upon a determination by the Board that the
13applicant is eligible for an owners license pursuant to this
14Act and the rules of the Board. From the effective date of this
15amendatory Act of the 95th General Assembly until (i) 3 years
16after the effective date of this amendatory Act of the 95th

 

 

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1General Assembly, (ii) the date any organization licensee
2begins to operate a slot machine or video game of chance under
3the Illinois Horse Racing Act of 1975 or this Act, (iii) the
4date that payments begin under subsection (c-5) of Section 13
5of this the Act, (iv) the wagering tax imposed under Section 13
6of this Act is increased by law to reflect a tax rate that is at
7least as stringent or more stringent than the tax rate
8contained in subsection (a-3) of Section 13, or (v) when an
9owners licensee holding a license issued pursuant to Section
107.1 of this Act begins conducting gaming, whichever occurs
11first, as a condition of licensure and as an alternative source
12of payment for those funds payable under subsection (c-5) of
13Section 13 of this Act, any owners licensee that holds or
14receives its owners license on or after the effective date of
15this amendatory Act of the 94th General Assembly, other than an
16owners licensee operating a riverboat with adjusted gross
17receipts in calendar year 2004 of less than $200,000,000, must
18pay into the Horse Racing Equity Trust Fund, in addition to any
19other payments required under this Act, an amount equal to 3%
20of the adjusted gross receipts received by the owners licensee.
21The payments required under this Section shall be made by the
22owners licensee to the State Treasurer no later than 3:00
23o'clock p.m. of the day after the day when the adjusted gross
24receipts were received by the owners licensee. A person or
25entity is ineligible to receive an owners license if:
26        (1) the person has been convicted of a felony under the

 

 

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1    laws of this State, any other state, or the United States;
2        (2) the person has been convicted of any violation of
3    Article 28 of the Criminal Code of 1961 or the Criminal
4    Code of 2012, or substantially similar laws of any other
5    jurisdiction;
6        (3) the person has submitted an application for a
7    license under this Act which contains false information;
8        (4) the person is a member of the Board;
9        (5) a person defined in (1), (2), (3), or (4) is an
10    officer, director, or managerial employee of the entity;
11        (6) the entity employs a person defined in (1), (2),
12    (3), or (4) who participates in the management or operation
13    of gambling operations authorized under this Act;
14        (7) (blank); or
15        (8) a license of the person or entity issued under this
16    Act, or a license to own or operate gambling facilities in
17    any other jurisdiction, has been revoked.
18    The Board is expressly prohibited from making changes to
19the requirement that licensees make payment into the Horse
20Racing Equity Trust Fund without the express authority of the
21Illinois General Assembly and making any other rule to
22implement or interpret this amendatory Act of the 95th General
23Assembly. For the purposes of this paragraph, "rules" is given
24the meaning given to that term in Section 1-70 of the Illinois
25Administrative Procedure Act.
26    (b) In determining whether to grant an owners license to an

 

 

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1applicant, the Board shall consider:
2        (1) the character, reputation, experience, and
3    financial integrity of the applicants and of any other or
4    separate person that either:
5            (A) controls, directly or indirectly, such
6        applicant, or
7            (B) is controlled, directly or indirectly, by such
8        applicant or by a person which controls, directly or
9        indirectly, such applicant;
10        (2) the facilities or proposed facilities for the
11    conduct of gambling;
12        (3) the highest prospective total revenue to be derived
13    by the State from the conduct of gambling;
14        (4) the extent to which the ownership of the applicant
15    reflects the diversity of the State by including minority
16    persons, women, and persons with a disability and the good
17    faith affirmative action plan of each applicant to recruit,
18    train and upgrade minority persons, women, and persons with
19    a disability in all employment classifications; the Board
20    shall further consider granting an owners license and
21    giving preference to an applicant under this Section to
22    applicants in which minority persons and women hold
23    ownership interest of at least 16% and 4%, respectively.
24        (4.5) the extent to which the ownership of the
25    applicant includes veterans of service in the armed forces
26    of the United States, and the good faith affirmative action

 

 

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1    plan of each applicant to recruit, train, and upgrade
2    veterans of service in the armed forces of the United
3    States in all employment classifications;
4        (5) the financial ability of the applicant to purchase
5    and maintain adequate liability and casualty insurance;
6        (6) whether the applicant has adequate capitalization
7    to provide and maintain, for the duration of a license, a
8    riverboat or casino;
9        (7) the extent to which the applicant exceeds or meets
10    other standards for the issuance of an owners license which
11    the Board may adopt by rule;
12        (8) the amount of the applicant's license bid;
13        (9) the extent to which the applicant or the proposed
14    host municipality plans to enter into revenue sharing
15    agreements with communities other than the host
16    municipality; and
17        (10) the extent to which the ownership of an applicant
18    includes the most qualified number of minority persons,
19    women, and persons with a disability.
20    (c) Each owners license shall specify the place where the
21casino shall operate or the riverboat shall operate and dock.
22    (d) Each applicant shall submit with his or her
23application, on forms provided by the Board, 2 sets of his or
24her fingerprints.
25    (e) In addition to any licenses authorized under subsection
26(e-5) of this Section, the Board may issue up to 10 licenses

 

 

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1authorizing the holders of such licenses to own riverboats. In
2the application for an owners license, the applicant shall
3state the dock at which the riverboat is based and the water on
4which the riverboat will be located. The Board shall issue 5
5licenses to become effective not earlier than January 1, 1991.
6Three of such licenses shall authorize riverboat gambling on
7the Mississippi River, or, with approval by the municipality in
8which the riverboat was docked on August 7, 2003 and with Board
9approval, be authorized to relocate to a new location, in a
10municipality that (1) borders on the Mississippi River or is
11within 5 miles of the city limits of a municipality that
12borders on the Mississippi River and (2), on August 7, 2003,
13had a riverboat conducting riverboat gambling operations
14pursuant to a license issued under this Act; one of which shall
15authorize riverboat gambling from a home dock in the city of
16East St. Louis; and one of which shall authorize riverboat
17gambling from a home dock in the City of Alton. One other
18license shall authorize riverboat gambling on the Illinois
19River in the City of East Peoria or, with Board approval, shall
20authorize land-based gambling operations anywhere within the
21corporate limits of the City of Peoria. The Board shall issue
22one additional license to become effective not earlier than
23March 1, 1992, which shall authorize riverboat gambling on the
24Des Plaines River in Will County. The Board may issue 4
25additional licenses to become effective not earlier than March
261, 1992. In determining the water upon which riverboats will

 

 

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1operate, the Board shall consider the economic benefit which
2riverboat gambling confers on the State, and shall seek to
3assure that all regions of the State share in the economic
4benefits of riverboat gambling.
5    In granting all licenses, the Board may give favorable
6consideration to economically depressed areas of the State, to
7applicants presenting plans which provide for significant
8economic development over a large geographic area, and to
9applicants who currently operate non-gambling riverboats in
10Illinois. The Board shall review all applications for owners
11licenses, and shall inform each applicant of the Board's
12decision. The Board may grant an owners license to an applicant
13that has not submitted the highest license bid, but if it does
14not select the highest bidder, the Board shall issue a written
15decision explaining why another applicant was selected and
16identifying the factors set forth in this Section that favored
17the winning bidder. The fee for issuance or renewal of a
18license pursuant to this subsection (e) shall be $250,000.
19    (e-5) In addition to licenses authorized under subsection
20(e) of this Section:
21        (1) the Board may issue one owners license authorizing
22    the conduct of casino gambling in the City of Chicago;
23        (2) the Board may issue one owners license authorizing
24    the conduct of riverboat gambling in the City of Danville;
25        (3) the Board may issue one owners license authorizing
26    the conduct of riverboat gambling located in the City of

 

 

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1    Waukegan;
2        (4) the Board may issue one owners license authorizing
3    the conduct of riverboat gambling in the City of Rockford;
4        (5) the Board may issue one owners license authorizing
5    the conduct of riverboat gambling in a municipality that is
6    wholly or partially located in one of the following
7    townships of Cook County: Bloom, Bremen, Calumet, Rich,
8    Thornton, or Worth Township; and
9        (6) the Board may issue one owners license authorizing
10    the conduct of riverboat gambling in the unincorporated
11    area of Williamson County adjacent to the Big Muddy River.
12    Except for the license authorized under paragraph (1), each
13application for a license pursuant to this subsection (e-5)
14shall be submitted to the Board no later than 120 days after
15June 28, 2019 (the effective date of Public Act 101-31) this
16amendatory Act of the 101st General Assembly. All applications
17for a license under this subsection (e-5) shall include the
18nonrefundable application fee and the nonrefundable background
19investigation fee as provided in subsection (d) of Section 6 of
20this Act. In the event that an applicant submits an application
21for a license pursuant to this subsection (e-5) prior to June
2228, 2019 (the effective date of Public Act 101-31) this
23amendatory Act of the 101st General Assembly, such applicant
24shall submit the nonrefundable application fee and background
25investigation fee as provided in subsection (d) of Section 6 of
26this Act no later than 6 months after June 28, 2019 (the

 

 

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1effective date of Public Act 101-31) this amendatory Act of the
2101st General Assembly.
3    The Board shall consider issuing a license pursuant to
4paragraphs (1) through (6) of this subsection only after the
5corporate authority of the municipality or the county board of
6the county in which the riverboat or casino shall be located
7has certified to the Board the following:
8        (i) that the applicant has negotiated with the
9    corporate authority or county board in good faith;
10        (ii) that the applicant and the corporate authority or
11    county board have mutually agreed on the permanent location
12    of the riverboat or casino;
13        (iii) that the applicant and the corporate authority or
14    county board have mutually agreed on the temporary location
15    of the riverboat or casino;
16        (iv) that the applicant and the corporate authority or
17    the county board have mutually agreed on the percentage of
18    revenues that will be shared with the municipality or
19    county, if any;
20        (v) that the applicant and the corporate authority or
21    county board have mutually agreed on any zoning, licensing,
22    public health, or other issues that are within the
23    jurisdiction of the municipality or county; and
24        (vi) that the corporate authority or county board has
25    passed a resolution or ordinance in support of the
26    riverboat or casino in the municipality or county; .

 

 

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1        (vii) the applicant for a license under paragraph (1)
2    has made a public presentation concerning its casino
3    proposal; and
4        (viii) the applicant for a license under paragraph (1)
5    has prepared a summary of its casino proposal and such
6    summary has been posted on a public website of the
7    municipality or the county.
8    At least 7 days before the corporate authority of a
9municipality or county board of the county submits a
10certification to the Board concerning items (i) through (viii)
11(vi) of this subsection, it shall hold a public hearing to
12discuss items (i) through (viii) (vi), as well as any other
13details concerning the proposed riverboat or casino in the
14municipality or county. The corporate authority or county board
15must subsequently memorialize the details concerning the
16proposed riverboat or casino in a resolution that must be
17adopted by a majority of the corporate authority or county
18board before any certification is sent to the Board. The Board
19shall not alter, amend, change, or otherwise interfere with any
20agreement between the applicant and the corporate authority of
21the municipality or county board of the county regarding the
22location of any temporary or permanent facility.
23    In addition, within 10 days after June 28, 2019 (the
24effective date of Public Act 101-31) this amendatory Act of the
25101st General Assembly, the Board, with consent and at the
26expense of the City of Chicago, shall select and retain the

 

 

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1services of a nationally recognized casino gaming feasibility
2consultant. Within 45 days after June 28, 2019 (the effective
3date of Public Act 101-31) this amendatory Act of the 101st
4General Assembly, the consultant shall prepare and deliver to
5the Board a study concerning the feasibility of, and the
6ability to finance, a casino in the City of Chicago. The
7feasibility study shall be delivered to the Mayor of the City
8of Chicago, the Governor, the President of the Senate, and the
9Speaker of the House of Representatives. Ninety days after
10receipt of the feasibility study, the Board shall make a
11determination, based on the results of the feasibility study,
12whether to recommend to the General Assembly that the terms of
13the license under paragraph (1) of this subsection (e-5) should
14be modified. The Board may begin accepting applications for the
15owners license under paragraph (1) of this subsection (e-5)
16upon the determination to issue such an owners license.
17    In addition, prior to the Board issuing the owners license
18authorized under paragraph (4) of subsection (e-5), an impact
19study shall be completed to determine what location in the city
20will provide the greater impact to the region, including the
21creation of jobs and the generation of tax revenue.
22    (e-10) The licenses authorized under subsection (e-5) of
23this Section shall be issued within 12 months after the date
24the license application is submitted. If the Board does not
25issue the licenses within that time period, then the Board
26shall give a written explanation to the applicant as to why it

 

 

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1has not reached a determination and when it reasonably expects
2to make a determination. The fee for the issuance or renewal of
3a license issued pursuant to this subsection (e-10) shall be
4$250,000. Additionally, a licensee located outside of Cook
5County shall pay a minimum initial fee of $17,500 per gaming
6position, and a licensee located in Cook County shall pay a
7minimum initial fee of $30,000 per gaming position. The initial
8fees payable under this subsection (e-10) shall be deposited
9into the Rebuild Illinois Projects Fund. If the Board does not
10issue all licenses within the time period specified in this
11subsection, then the Board shall reopen the license application
12process for those licenses authorized under subsection (e-5)
13that have not been issued. The Board shall follow the licensing
14process laid out in subsection (e-5) with all time frames tied
15to the last date for issuing a license under subsection (e-5)
16rather than the effective date of the amendatory Act.
17    (e-15) Each licensee of a license authorized under
18subsection (e-5) of this Section shall make a reconciliation
19payment 3 years after the date the licensee begins operating in
20an amount equal to 75% of the adjusted gross receipts for the
21most lucrative 12-month period of operations, minus an amount
22equal to the initial payment per gaming position paid by the
23specific licensee. Each licensee shall pay a $15,000,000
24reconciliation fee upon issuance of an owners license. If this
25calculation results in a negative amount, then the licensee is
26not entitled to any reimbursement of fees previously paid. This

 

 

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1reconciliation payment may be made in installments over a
2period of no more than 6 2 years, subject to Board approval.
3Any installment payments shall include an annual market
4interest rate as determined by the Board.
5    All payments by licensees under this subsection (e-15)
6shall be deposited into the Rebuild Illinois Projects Fund.
7    (e-20) In addition to any other revocation powers granted
8to the Board under this Act, the Board may revoke the owners
9license of a licensee which fails to begin conducting gambling
10within 15 months of receipt of the Board's approval of the
11application if the Board determines that license revocation is
12in the best interests of the State.
13    (f) The first 10 owners licenses issued under this Act
14shall permit the holder to own up to 2 riverboats and equipment
15thereon for a period of 3 years after the effective date of the
16license. Holders of the first 10 owners licenses must pay the
17annual license fee for each of the 3 years during which they
18are authorized to own riverboats.
19    (g) Upon the termination, expiration, or revocation of each
20of the first 10 licenses, which shall be issued for a 3-year 3
21year period, all licenses are renewable annually upon payment
22of the fee and a determination by the Board that the licensee
23continues to meet all of the requirements of this Act and the
24Board's rules. However, for licenses renewed on or after May 1,
251998, renewal shall be for a period of 4 years, unless the
26Board sets a shorter period.

 

 

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1    (h) An owners license, except for an owners license issued
2under subsection (e-5) of this Section, shall entitle the
3licensee to own up to 2 riverboats.
4    An owners licensee of a casino or riverboat that is located
5in the City of Chicago pursuant to paragraph (1) of subsection
6(e-5) of this Section shall limit the number of gaming
7positions to 4,000 for such owner. An owners licensee
8authorized under subsection (e) or paragraph (2), (3), (4), or
9(5) of subsection (e-5) of this Section shall limit the number
10of gaming positions to 2,000 for any such owners license. An
11owners licensee authorized under paragraph (6) of subsection
12(e-5) of this Section shall limit the number of gaming
13positions to 1,200 for such owner. The initial fee for each
14gaming position obtained on or after June 28, 2019 (the
15effective date of Public Act 101-31) this amendatory Act of the
16101st General Assembly shall be a minimum of $17,500 for
17licensees not located in Cook County and a minimum of $30,000
18for licensees located in Cook County, in addition to the
19reconciliation payment, as set forth in subsection (e-15) of
20this Section. The fees under this subsection (h) shall be
21deposited into the Rebuild Illinois Projects Fund. The fees
22under this subsection (h) that are paid by an owners licensee
23authorized under subsection (e) shall be paid by July 1, 2020.
24    Each owners licensee under subsection (e) of this Section
25shall reserve its gaming positions within 30 days after June
2628, 2019 (the effective date of Public Act 101-31) this

 

 

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1amendatory Act of the 101st General Assembly. The Board may
2grant an extension to this 30-day period, provided that the
3owners licensee submits a written request and explanation as to
4why it is unable to reserve its positions within the 30-day
5period.
6    Each owners licensee under subsection (e-5) of this Section
7shall reserve its gaming positions within 30 days after
8issuance of its owners license. The Board may grant an
9extension to this 30-day period, provided that the owners
10licensee submits a written request and explanation as to why it
11is unable to reserve its positions within the 30-day period.
12    A licensee may operate both of its riverboats concurrently,
13provided that the total number of gaming positions on both
14riverboats does not exceed the limit established pursuant to
15this subsection. Riverboats licensed to operate on the
16Mississippi River and the Illinois River south of Marshall
17County shall have an authorized capacity of at least 500
18persons. Any other riverboat licensed under this Act shall have
19an authorized capacity of at least 400 persons.
20    (h-5) An owners licensee who conducted gambling operations
21prior to January 1, 2012 and obtains positions pursuant to
22Public Act 101-31 this amendatory Act of the 101st General
23Assembly shall make a reconciliation payment 3 years after any
24additional gaming positions begin operating in an amount equal
25to 75% of the owners licensee's average gross receipts for the
26most lucrative 12-month period of operations minus an amount

 

 

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1equal to the initial fee that the owners licensee paid per
2additional gaming position. For purposes of this subsection
3(h-5), "average gross receipts" means (i) the increase in
4adjusted gross receipts for the most lucrative 12-month period
5of operations over the adjusted gross receipts for 2019,
6multiplied by (ii) the percentage derived by dividing the
7number of additional gaming positions that an owners licensee
8had obtained by the total number of gaming positions operated
9by the owners licensee. If this calculation results in a
10negative amount, then the owners licensee is not entitled to
11any reimbursement of fees previously paid. This reconciliation
12payment may be made in installments over a period of no more
13than 6 2 years, subject to Board approval. Any installment
14payments shall include an annual market interest rate as
15determined by the Board. These reconciliation payments shall be
16deposited into the Rebuild Illinois Projects Fund.
17    (i) A licensed owner is authorized to apply to the Board
18for and, if approved therefor, to receive all licenses from the
19Board necessary for the operation of a riverboat or casino,
20including a liquor license, a license to prepare and serve food
21for human consumption, and other necessary licenses. All use,
22occupation, and excise taxes which apply to the sale of food
23and beverages in this State and all taxes imposed on the sale
24or use of tangible personal property apply to such sales aboard
25the riverboat or in the casino.
26    (j) The Board may issue or re-issue a license authorizing a

 

 

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1riverboat to dock in a municipality or approve a relocation
2under Section 11.2 only if, prior to the issuance or
3re-issuance of the license or approval, the governing body of
4the municipality in which the riverboat will dock has by a
5majority vote approved the docking of riverboats in the
6municipality. The Board may issue or re-issue a license
7authorizing a riverboat to dock in areas of a county outside
8any municipality or approve a relocation under Section 11.2
9only if, prior to the issuance or re-issuance of the license or
10approval, the governing body of the county has by a majority
11vote approved of the docking of riverboats within such areas.
12    (k) An owners licensee may conduct land-based gambling
13operations upon approval by the Board and payment of a fee of
14$250,000, which shall be deposited into the State Gaming Fund.
15    (l) An owners licensee may conduct gaming at a temporary
16facility pending the construction of a permanent facility or
17the remodeling or relocation of an existing facility to
18accommodate gaming participants for up to 24 months after the
19temporary facility begins to conduct gaming. Upon request by an
20owners licensee and upon a showing of good cause by the owners
21licensee, the Board shall extend the period during which the
22licensee may conduct gaming at a temporary facility by up to 12
23months. The Board shall make rules concerning the conduct of
24gaming from temporary facilities.
25(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18;
26101-31, eff. 6-28-19; revised 9-20-19.)
 

 

 

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1    (230 ILCS 10/7.7)
2    Sec. 7.7. Organization gaming licenses.
3    (a) The Illinois Gaming Board shall award one organization
4gaming license to each person or entity having operating
5control of a racetrack that applies under Section 56 of the
6Illinois Horse Racing Act of 1975, subject to the application
7and eligibility requirements of this Section. Within 60 days
8after the effective date of this amendatory Act of the 101st
9General Assembly, a person or entity having operating control
10of a racetrack may submit an application for an organization
11gaming license. The application shall be made on such forms as
12provided by the Board and shall contain such information as the
13Board prescribes, including, but not limited to, the identity
14of any racetrack at which gaming will be conducted pursuant to
15an organization gaming license, detailed information regarding
16the ownership and management of the applicant, and detailed
17personal information regarding the applicant. The application
18shall specify the number of gaming positions the applicant
19intends to use and the place where the organization gaming
20facility will operate. A person who knowingly makes a false
21statement on an application is guilty of a Class A misdemeanor.
22    Each applicant shall disclose the identity of every person
23or entity having a direct or indirect pecuniary interest
24greater than 1% in any racetrack with respect to which the
25license is sought. If the disclosed entity is a corporation,

 

 

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1the applicant shall disclose the names and addresses of all
2officers, stockholders, and directors. If the disclosed entity
3is a limited liability company, the applicant shall disclose
4the names and addresses of all members and managers. If the
5disclosed entity is a partnership, the applicant shall disclose
6the names and addresses of all partners, both general and
7limited. If the disclosed entity is a trust, the applicant
8shall disclose the names and addresses of all beneficiaries.
9    An application shall be filed and considered in accordance
10with the rules of the Board. Each application for an
11organization gaming license shall include a nonrefundable
12application fee of $250,000. In addition, a nonrefundable fee
13of $50,000 shall be paid at the time of filing to defray the
14costs associated with background investigations conducted by
15the Board. If the costs of the background investigation exceed
16$50,000, the applicant shall pay the additional amount to the
17Board within 7 days after a request by the Board. If the costs
18of the investigation are less than $50,000, the applicant shall
19receive a refund of the remaining amount. All information,
20records, interviews, reports, statements, memoranda, or other
21data supplied to or used by the Board in the course of this
22review or investigation of an applicant for an organization
23gaming license under this Act shall be privileged and strictly
24confidential and shall be used only for the purpose of
25evaluating an applicant for an organization gaming license or a
26renewal. Such information, records, interviews, reports,

 

 

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1statements, memoranda, or other data shall not be admissible as
2evidence nor discoverable in any action of any kind in any
3court or before any tribunal, board, agency or person, except
4for any action deemed necessary by the Board. The application
5fee shall be deposited into the State Gaming Fund.
6    Any applicant or key person, including the applicant's
7owners, officers, directors (if a corporation), managers and
8members (if a limited liability company), and partners (if a
9partnership), for an organization gaming license shall have his
10or her fingerprints submitted to the Department of State Police
11in an electronic format that complies with the form and manner
12for requesting and furnishing criminal history record
13information as prescribed by the Department of State Police.
14These fingerprints shall be checked against the Department of
15State Police and Federal Bureau of Investigation criminal
16history record databases now and hereafter filed, including,
17but not limited to, civil, criminal, and latent fingerprint
18databases. The Department of State Police shall charge
19applicants a fee for conducting the criminal history records
20check, which shall be deposited into the State Police Services
21Fund and shall not exceed the actual cost of the records check.
22The Department of State Police shall furnish, pursuant to
23positive identification, records of Illinois criminal history
24to the Department.
25    (b) The Board shall determine within 120 days after
26receiving an application for an organization gaming license

 

 

10100SB0516ham005- 21 -LRB101 04277 SMS 72370 a

1whether to grant an organization gaming license to the
2applicant. If the Board does not make a determination within
3that time period, then the Board shall give a written
4explanation to the applicant as to why it has not reached a
5determination and when it reasonably expects to make a
6determination.
7    The organization gaming licensee shall purchase up to the
8amount of gaming positions authorized under this Act within 120
9days after receiving its organization gaming license. If an
10organization gaming licensee is prepared to purchase the gaming
11positions, but is temporarily prohibited from doing so by order
12of a court of competent jurisdiction or the Board, then the
13120-day period is tolled until a resolution is reached.
14    An organization gaming license shall authorize its holder
15to conduct gaming under this Act at its racetracks on the same
16days of the year and hours of the day that owners licenses are
17allowed to operate under approval of the Board.
18    An organization gaming license and any renewal of an
19organization gaming license shall authorize gaming pursuant to
20this Section for a period of 4 years. The fee for the issuance
21or renewal of an organization gaming license shall be $250,000.
22    All payments by licensees under this subsection (b) shall
23be deposited into the Rebuild Illinois Projects Fund.
24    (c) To be eligible to conduct gaming under this Section, a
25person or entity having operating control of a racetrack must
26(i) obtain an organization gaming license, (ii) hold an

 

 

10100SB0516ham005- 22 -LRB101 04277 SMS 72370 a

1organization license under the Illinois Horse Racing Act of
21975, (iii) hold an inter-track wagering license, (iv) pay an
3initial fee of $30,000 per gaming position from organization
4gaming licensees where gaming is conducted in Cook County and,
5except as provided in subsection (c-5), $17,500 for
6organization gaming licensees where gaming is conducted
7outside of Cook County before beginning to conduct gaming plus
8make the reconciliation payment required under subsection (k),
9(v) conduct live racing in accordance with subsections (e-1),
10(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
11of 1975, (vi) meet the requirements of subsection (a) of
12Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
13organization licensees conducting standardbred race meetings,
14keep backstretch barns and dormitories open and operational
15year-round unless a lesser schedule is mutually agreed to by
16the organization licensee and the horsemen association racing
17at that organization licensee's race meeting, (viii) for
18organization licensees conducting thoroughbred race meetings,
19the organization licensee must maintain accident medical
20expense liability insurance coverage of $1,000,000 for
21jockeys, and (ix) meet all other requirements of this Act that
22apply to owners licensees.
23    An organization gaming licensee may enter into a joint
24venture with a licensed owner to own, manage, conduct, or
25otherwise operate the organization gaming licensee's
26organization gaming facilities, unless the organization gaming

 

 

10100SB0516ham005- 23 -LRB101 04277 SMS 72370 a

1licensee has a parent company or other affiliated company that
2is, directly or indirectly, wholly owned by a parent company
3that is also licensed to conduct organization gaming, casino
4gaming, or their equivalent in another state.
5    All payments by licensees under this subsection (c) shall
6be deposited into the Rebuild Illinois Projects Fund.
7    (c-5) A person or entity having operating control of a
8racetrack located in Madison County shall only pay the initial
9fees specified in subsection (c) for 540 of the gaming
10positions authorized under the license.
11    (d) A person or entity is ineligible to receive an
12organization gaming license if:
13        (1) the person or entity has been convicted of a felony
14    under the laws of this State, any other state, or the
15    United States, including a conviction under the Racketeer
16    Influenced and Corrupt Organizations Act;
17        (2) the person or entity has been convicted of any
18    violation of Article 28 of the Criminal Code of 2012, or
19    substantially similar laws of any other jurisdiction;
20        (3) the person or entity has submitted an application
21    for a license under this Act that contains false
22    information;
23        (4) the person is a member of the Board;
24        (5) a person defined in (1), (2), (3), or (4) of this
25    subsection (d) is an officer, director, or managerial
26    employee of the entity;

 

 

10100SB0516ham005- 24 -LRB101 04277 SMS 72370 a

1        (6) the person or entity employs a person defined in
2    (1), (2), (3), or (4) of this subsection (d) who
3    participates in the management or operation of gambling
4    operations authorized under this Act; or
5        (7) a license of the person or entity issued under this
6    Act or a license to own or operate gambling facilities in
7    any other jurisdiction has been revoked.
8    (e) The Board may approve gaming positions pursuant to an
9organization gaming license statewide as provided in this
10Section. The authority to operate gaming positions under this
11Section shall be allocated as follows: up to 1,200 gaming
12positions for any organization gaming licensee in Cook County
13and up to 900 gaming positions for any organization gaming
14licensee outside of Cook County.
15    (f) Each applicant for an organization gaming license shall
16specify in its application for licensure the number of gaming
17positions it will operate, up to the applicable limitation set
18forth in subsection (e) of this Section. Any unreserved gaming
19positions that are not specified shall be forfeited and
20retained by the Board. For the purposes of this subsection (f),
21an organization gaming licensee that did not conduct live
22racing in 2010 and is located within 3 miles of the Mississippi
23River may reserve up to 900 positions and shall not be
24penalized under this Section for not operating those positions
25until it meets the requirements of subsection (e) of this
26Section, but such licensee shall not request unreserved gaming

 

 

10100SB0516ham005- 25 -LRB101 04277 SMS 72370 a

1positions under this subsection (f) until its 900 positions are
2all operational.
3    Thereafter, the Board shall publish the number of
4unreserved gaming positions and shall accept requests for
5additional positions from any organization gaming licensee
6that initially reserved all of the positions that were offered.
7The Board shall allocate expeditiously the unreserved gaming
8positions to requesting organization gaming licensees in a
9manner that maximizes revenue to the State. The Board may
10allocate any such unused gaming positions pursuant to an open
11and competitive bidding process, as provided under Section 7.5
12of this Act. This process shall continue until all unreserved
13gaming positions have been purchased. All positions obtained
14pursuant to this process and all positions the organization
15gaming licensee specified it would operate in its application
16must be in operation within 18 months after they were obtained
17or the organization gaming licensee forfeits the right to
18operate those positions, but is not entitled to a refund of any
19fees paid. The Board may, after holding a public hearing, grant
20extensions so long as the organization gaming licensee is
21working in good faith to make the positions operational. The
22extension may be for a period of 6 months. If, after the period
23of the extension, the organization gaming licensee has not made
24the positions operational, then another public hearing must be
25held by the Board before it may grant another extension.
26    Unreserved gaming positions retained from and allocated to

 

 

10100SB0516ham005- 26 -LRB101 04277 SMS 72370 a

1organization gaming licensees by the Board pursuant to this
2subsection (f) shall not be allocated to owners licensees under
3this Act.
4    For the purpose of this subsection (f), the unreserved
5gaming positions for each organization gaming licensee shall be
6the applicable limitation set forth in subsection (e) of this
7Section, less the number of reserved gaming positions by such
8organization gaming licensee, and the total unreserved gaming
9positions shall be the aggregate of the unreserved gaming
10positions for all organization gaming licensees.
11    (g) An organization gaming licensee is authorized to
12conduct the following at a racetrack:
13        (1) slot machine gambling;
14        (2) video game of chance gambling;
15        (3) gambling with electronic gambling games as defined
16    in this Act or defined by the Illinois Gaming Board; and
17        (4) table games.
18    (h) Subject to the approval of the Illinois Gaming Board,
19an organization gaming licensee may make modification or
20additions to any existing buildings and structures to comply
21with the requirements of this Act. The Illinois Gaming Board
22shall make its decision after consulting with the Illinois
23Racing Board. In no case, however, shall the Illinois Gaming
24Board approve any modification or addition that alters the
25grounds of the organization licensee such that the act of live
26racing is an ancillary activity to gaming authorized under this

 

 

10100SB0516ham005- 27 -LRB101 04277 SMS 72370 a

1Section. Gaming authorized under this Section may take place in
2existing structures where inter-track wagering is conducted at
3the racetrack or a facility within 300 yards of the racetrack
4in accordance with the provisions of this Act and the Illinois
5Horse Racing Act of 1975.
6    (i) An organization gaming licensee may conduct gaming at a
7temporary facility pending the construction of a permanent
8facility or the remodeling or relocation of an existing
9facility to accommodate gaming participants for up to 24 months
10after the temporary facility begins to conduct gaming
11authorized under this Section. Upon request by an organization
12gaming licensee and upon a showing of good cause by the
13organization gaming licensee, the Board shall extend the period
14during which the licensee may conduct gaming authorized under
15this Section at a temporary facility by up to 12 months. The
16Board shall make rules concerning the conduct of gaming
17authorized under this Section from temporary facilities.
18    The gaming authorized under this Section may take place in
19existing structures where inter-track wagering is conducted at
20the racetrack or a facility within 300 yards of the racetrack
21in accordance with the provisions of this Act and the Illinois
22Horse Racing Act of 1975.
23    (i-5) Under no circumstances shall an organization gaming
24licensee conduct gaming at any State or county fair.
25    (j) The Illinois Gaming Board must adopt emergency rules in
26accordance with Section 5-45 of the Illinois Administrative

 

 

10100SB0516ham005- 28 -LRB101 04277 SMS 72370 a

1Procedure Act as necessary to ensure compliance with the
2provisions of this amendatory Act of the 101st General Assembly
3concerning the conduct of gaming by an organization gaming
4licensee. The adoption of emergency rules authorized by this
5subsection (j) shall be deemed to be necessary for the public
6interest, safety, and welfare.
7    (k) Each organization gaming licensee who obtains gaming
8positions must make a reconciliation payment 3 years after the
9date the organization gaming licensee begins operating the
10positions in an amount equal to 75% of the difference between
11its adjusted gross receipts from gaming authorized under this
12Section and amounts paid to its purse accounts pursuant to item
13(1) of subsection (b) of Section 56 of the Illinois Horse
14Racing Act of 1975 for the 12-month period for which such
15difference was the largest, minus an amount equal to the
16initial per position fee paid by the organization gaming
17licensee. If this calculation results in a negative amount,
18then the organization gaming licensee is not entitled to any
19reimbursement of fees previously paid. This reconciliation
20payment may be made in installments over a period of no more
21than 6 2 years, subject to Board approval. Any installment
22payments shall include an annual market interest rate as
23determined by the Board.
24    All payments by licensees under this subsection (k) shall
25be deposited into the Rebuild Illinois Projects Fund.
26    (l) As soon as practical after a request is made by the

 

 

10100SB0516ham005- 29 -LRB101 04277 SMS 72370 a

1Illinois Gaming Board, to minimize duplicate submissions by the
2applicant, the Illinois Racing Board must provide information
3on an applicant for an organization gaming license to the
4Illinois Gaming Board.
5(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)
 
6    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
7    Sec. 13. Wagering tax; rate; distribution.
8    (a) Until January 1, 1998, a tax is imposed on the adjusted
9gross receipts received from gambling games authorized under
10this Act at the rate of 20%.
11    (a-1) From January 1, 1998 until July 1, 2002, a privilege
12tax is imposed on persons engaged in the business of conducting
13riverboat gambling operations, based on the adjusted gross
14receipts received by a licensed owner from gambling games
15authorized under this Act at the following rates:
16        15% of annual adjusted gross receipts up to and
17    including $25,000,000;
18        20% of annual adjusted gross receipts in excess of
19    $25,000,000 but not exceeding $50,000,000;
20        25% of annual adjusted gross receipts in excess of
21    $50,000,000 but not exceeding $75,000,000;
22        30% of annual adjusted gross receipts in excess of
23    $75,000,000 but not exceeding $100,000,000;
24        35% of annual adjusted gross receipts in excess of
25    $100,000,000.

 

 

10100SB0516ham005- 30 -LRB101 04277 SMS 72370 a

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

 

 

10100SB0516ham005- 31 -LRB101 04277 SMS 72370 a

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        27.5% of annual adjusted gross receipts in excess of
6    $25,000,000 but not exceeding $37,500,000;
7        32.5% of annual adjusted gross receipts in excess of
8    $37,500,000 but not exceeding $50,000,000;
9        37.5% of annual adjusted gross receipts in excess of
10    $50,000,000 but not exceeding $75,000,000;
11        45% of annual adjusted gross receipts in excess of
12    $75,000,000 but not exceeding $100,000,000;
13        50% of annual adjusted gross receipts in excess of
14    $100,000,000 but not exceeding $250,000,000;
15        70% of annual adjusted gross receipts in excess of
16    $250,000,000.
17    An amount equal to the amount of wagering taxes collected
18under this subsection (a-3) that are in addition to the amount
19of wagering taxes that would have been collected if the
20wagering tax rates under subsection (a-2) were in effect shall
21be paid into the Common School Fund.
22    The privilege tax imposed under this subsection (a-3) shall
23no longer be imposed beginning on the earlier of (i) July 1,
242005; (ii) the first date after June 20, 2003 that riverboat
25gambling operations are conducted pursuant to a dormant
26license; or (iii) the first day that riverboat gambling

 

 

10100SB0516ham005- 32 -LRB101 04277 SMS 72370 a

1operations are conducted under the authority of an owners
2license that is in addition to the 10 owners licenses initially
3authorized under this Act. For the purposes of this subsection
4(a-3), the term "dormant license" means an owners license that
5is authorized by this Act under which no riverboat gambling
6operations are being conducted on June 20, 2003.
7    (a-4) Beginning on the first day on which the tax imposed
8under subsection (a-3) is no longer imposed and ending upon the
9imposition of the privilege tax under subsection (a-5) of this
10Section, a privilege tax is imposed on persons engaged in the
11business of conducting gambling operations, other than
12licensed managers conducting riverboat gambling operations on
13behalf of the State, based on the adjusted gross receipts
14received by a licensed owner from gambling games authorized
15under this Act at the following rates:
16        15% of annual adjusted gross receipts up to and
17    including $25,000,000;
18        22.5% of annual adjusted gross receipts in excess of
19    $25,000,000 but not exceeding $50,000,000;
20        27.5% of annual adjusted gross receipts in excess of
21    $50,000,000 but not exceeding $75,000,000;
22        32.5% of annual adjusted gross receipts in excess of
23    $75,000,000 but not exceeding $100,000,000;
24        37.5% of annual adjusted gross receipts in excess of
25    $100,000,000 but not exceeding $150,000,000;
26        45% of annual adjusted gross receipts in excess of

 

 

10100SB0516ham005- 33 -LRB101 04277 SMS 72370 a

1    $150,000,000 but not exceeding $200,000,000;
2        50% of annual adjusted gross receipts in excess of
3    $200,000,000.
4    For the imposition of the privilege tax in this subsection
5(a-4), amounts paid pursuant to item (1) of subsection (b) of
6Section 56 of the Illinois Horse Racing Act of 1975 shall not
7be included in the determination of adjusted gross receipts.
8    (a-5)(1) Beginning on July 1, 2020 the first day that an
9owners licensee under paragraph (1), (2), (3), (4), (5), or (6)
10of subsection (e-5) of Section 7 conducts gambling operations,
11either in a temporary facility or a permanent facility, a
12privilege tax is imposed on persons engaged in the business of
13conducting gambling operations, other than the owners licensee
14under paragraph (1) of subsection (e-5) of Section 7 and
15licensed managers conducting riverboat gambling operations on
16behalf of the State, based on the adjusted gross receipts
17received by such licensee from the gambling games authorized
18under this Act. The privilege tax for all gambling games other
19than table games, including, but not limited to, slot machines,
20video game of chance gambling, and electronic gambling games
21shall be at the following rates:
22        15% of annual adjusted gross receipts up to and
23    including $25,000,000;
24        22.5% of annual adjusted gross receipts in excess of
25    $25,000,000 but not exceeding $50,000,000;
26        27.5% of annual adjusted gross receipts in excess of

 

 

10100SB0516ham005- 34 -LRB101 04277 SMS 72370 a

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

 

 

10100SB0516ham005- 35 -LRB101 04277 SMS 72370 a

1behalf of the State, based on the adjusted gross receipts
2received by such licensee from the gambling games authorized
3under this Act. The privilege tax for all gambling games other
4than table games, including, but not limited to, slot machines,
5video game of chance gambling, and electronic gambling games
6shall be at the following rates:
7        12% of annual adjusted gross receipts up to and
8    including $25,000,000 to the State and 10.5% of annual
9    adjusted gross receipts up to and including $25,000,000 to
10    the City of Chicago;
11        16% of annual adjusted gross receipts in excess of
12    $25,000,000 but not exceeding $50,000,000 to the State and
13    14% of annual adjusted gross receipts in excess of
14    $25,000,000 but not exceeding $50,000,000 to the City of
15    Chicago;
16        20.1% of annual adjusted gross receipts in excess of
17    $50,000,000 but not exceeding $75,000,000 to the State and
18    17.4% of annual adjusted gross receipts in excess of
19    $50,000,000 but not exceeding $75,000,000 to the City of
20    Chicago;
21        21.4% of annual adjusted gross receipts in excess of
22    $75,000,000 but not exceeding $100,000,000 to the State and
23    18.6% of annual adjusted gross receipts in excess of
24    $75,000,000 but not exceeding $100,000,000 to the City of
25    Chicago;
26        22.7% of annual adjusted gross receipts in excess of

 

 

10100SB0516ham005- 36 -LRB101 04277 SMS 72370 a

1    $100,000,000 but not exceeding $150,000,000 to the State
2    and 19.8% of annual adjusted gross receipts in excess of
3    $100,000,000 but not exceeding $150,000,000 to the City of
4    Chicago;
5        24.1% of annual adjusted gross receipts in excess of
6    $150,000,000 but not exceeding $225,000,000 to the State
7    and 20.9% of annual adjusted gross receipts in excess of
8    $150,000,000 but not exceeding $225,000,000 to the City of
9    Chicago;
10        26.8% of annual adjusted gross receipts in excess of
11    $225,000,000 but not exceeding $1,000,000,000 to the State
12    and 23.2% of annual adjusted gross receipts in excess of
13    $225,000,000 but not exceeding $1,000,000,000 to the City
14    of Chicago;
15        40% of annual adjusted gross receipts in excess of
16    $1,000,000,000 to the State and 34.7% of annual gross
17    receipts in excess of $1,000,000,000 to the City of
18    Chicago.
19    The privilege tax for table games shall be at the following
20rates:
21        8.1% of annual adjusted gross receipts up to and
22    including $25,000,000 to the State and 6.9% of annual
23    adjusted gross receipts up to and including $25,000,000 to
24    the City of Chicago;
25        9.6% of annual adjusted gross receipts in excess of
26    $25,000,000 but not exceeding $75,000,000 to the State and

 

 

10100SB0516ham005- 37 -LRB101 04277 SMS 72370 a

1    8.4% of annual adjusted gross receipts in excess of
2    $25,000,000 but not exceeding $75,000,000 to the City of
3    Chicago;
4        12.3% of annual adjusted gross receipts in excess of
5    $75,000,000 but not exceeding $175,000,000 to the State and
6    10.7% of annual adjusted gross receipts in excess of
7    $75,000,000 but not exceeding $175,000,000 to the City of
8    Chicago;
9        13.5% of annual adjusted gross receipts in excess of
10    $175,000,000 but not exceeding $225,000,000 to the State
11    and 11.5% of annual adjusted gross receipts in excess of
12    $175,000,000 but not exceeding $225,000,000 to the City of
13    Chicago;
14        15.1% of annual adjusted gross receipts in excess of
15    $225,000,000 but not exceeding $275,000,000 to the State
16    and 12.9% of annual adjusted gross receipts in excess of
17    $225,000,000 but not exceeding $275,000,000 to the City of
18    Chicago;
19        16.2% of annual adjusted gross receipts in excess of
20    $275,000,000 but not exceeding $325,000,000 to the State
21    and 13.8% of annual adjusted gross receipts in excess of
22    $275,000,000 but not exceeding $325,000,000 to the City of
23    Chicago;
24        18.9% of annual adjusted gross receipts in excess of
25    $325,000,000 to the State and 16.1% of annual gross
26    receipts in excess of $325,000,000 to the City of Chicago.

 

 

10100SB0516ham005- 38 -LRB101 04277 SMS 72370 a

1    For the imposition of the privilege tax in this subsection
2(a-5), amounts paid pursuant to item (1) of subsection (b) of
3Section 56 of the Illinois Horse Racing Act of 1975 shall not
4be included in the determination of adjusted gross receipts.
5    Notwithstanding the provisions of this subsection (a-5),
6for the first 10 years that the privilege tax is imposed under
7this subsection (a-5), the privilege tax shall be imposed on
8the modified annual adjusted gross receipts of a riverboat or
9casino conducting gambling operations in the City of East St.
10Louis, unless:
11        (1) the riverboat or casino fails to employ at least
12    450 people;
13        (2) the riverboat or casino fails to maintain
14    operations in a manner consistent with this Act or is not a
15    viable riverboat or casino subject to the approval of the
16    Board; or
17        (3) the owners licensee is not an entity in which
18    employees participate in an employee stock ownership plan.
19    As used in this subsection (a-5), "modified annual adjusted
20gross receipts" means:
21        (A) for calendar year 2020, the annual adjusted gross
22    receipts for the current year minus the difference between
23    an amount equal to the average annual adjusted gross
24    receipts from a riverboat or casino conducting gambling
25    operations in the City of East St. Louis for 2014, 2015,
26    2016, 2017, and 2018 and the annual adjusted gross receipts

 

 

10100SB0516ham005- 39 -LRB101 04277 SMS 72370 a

1    for 2018;
2        (B) for calendar year 2021, the annual adjusted gross
3    receipts for the current year minus the difference between
4    an amount equal to the average annual adjusted gross
5    receipts from a riverboat or casino conducting gambling
6    operations in the City of East St. Louis for 2014, 2015,
7    2016, 2017, and 2018 and the annual adjusted gross receipts
8    for 2019; and
9        (C) for calendar years 2022 through 2029, the annual
10    adjusted gross receipts for the current year minus the
11    difference between an amount equal to the average annual
12    adjusted gross receipts from a riverboat or casino
13    conducting gambling operations in the City of East St.
14    Louis for 3 years preceding the current year and the annual
15    adjusted gross receipts for the immediately preceding
16    year.
17    (a-5.5) In addition to the privilege tax imposed under
18subsection (a-5), a privilege tax is imposed on the owners
19licensee under paragraph (1) of subsection (e-5) of Section 7
20at the rate of one-third of the owners licensee's adjusted
21gross receipts.
22    For the imposition of the privilege tax in this subsection
23(a-5.5), amounts paid pursuant to item (1) of subsection (b) of
24Section 56 of the Illinois Horse Racing Act of 1975 shall not
25be included in the determination of adjusted gross receipts.
26    (a-6) From June 28, 2019 (the effective date of Public Act

 

 

10100SB0516ham005- 40 -LRB101 04277 SMS 72370 a

1101-31) this amendatory Act of the 101st General Assembly until
2June 30, 2023, an owners licensee that conducted gambling
3operations prior to January 1, 2011 shall receive a
4dollar-for-dollar credit against the tax imposed under this
5Section for any renovation or construction costs paid by the
6owners licensee, but in no event shall the credit exceed
7$2,000,000.
8    Additionally, from June 28, 2019 (the effective date of
9Public Act 101-31) this amendatory Act of the 101st General
10Assembly until December 31, 2022, an owners licensee that (i)
11is located within 15 miles of the Missouri border, and (ii) has
12at least 3 riverboats, casinos, or their equivalent within a
1345-mile radius, may be authorized to relocate to a new location
14with the approval of both the unit of local government
15designated as the home dock and the Board, so long as the new
16location is within the same unit of local government and no
17more than 3 miles away from its original location. Such owners
18licensee shall receive a credit against the tax imposed under
19this Section equal to 8% of the total project costs, as
20approved by the Board, for any renovation or construction costs
21paid by the owners licensee for the construction of the new
22facility, provided that the new facility is operational by July
231, 2022. In determining whether or not to approve a relocation,
24the Board must consider the extent to which the relocation will
25diminish the gaming revenues received by other Illinois gaming
26facilities.

 

 

10100SB0516ham005- 41 -LRB101 04277 SMS 72370 a

1    (a-7) Beginning in the initial adjustment year and through
2the final adjustment year, if the total obligation imposed
3pursuant to either subsection (a-5) or (a-6) will result in an
4owners licensee receiving less after-tax adjusted gross
5receipts than it received in calendar year 2018, then the total
6amount of privilege taxes that the owners licensee is required
7to pay for that calendar year shall be reduced to the extent
8necessary so that the after-tax adjusted gross receipts in that
9calendar year equals the after-tax adjusted gross receipts in
10calendar year 2018, but the privilege tax reduction shall not
11exceed the annual adjustment cap. If pursuant to this
12subsection (a-7), the total obligation imposed pursuant to
13either subsection (a-5) or (a-6) shall be reduced, then the
14owners licensee shall not receive a refund from the State at
15the end of the subject calendar year but instead shall be able
16to apply that amount as a credit against any payments it owes
17to the State in the following calendar year to satisfy its
18total obligation under either subsection (a-5) or (a-6). The
19credit for the final adjustment year shall occur in the
20calendar year following the final adjustment year.
21    If an owners licensee that conducted gambling operations
22prior to January 1, 2019 expands its riverboat or casino,
23including, but not limited to, with respect to its gaming
24floor, additional non-gaming amenities such as restaurants,
25bars, and hotels and other additional facilities, and incurs
26construction and other costs related to such expansion from

 

 

10100SB0516ham005- 42 -LRB101 04277 SMS 72370 a

1June 28, 2019 (the effective date of Public Act 101-31) this
2amendatory Act of the 101st General Assembly until June 28,
32024 (the 5th anniversary of the effective date of Public Act
4101-31) this amendatory Act of the 101st General Assembly, then
5for each $15,000,000 spent for any such construction or other
6costs related to expansion paid by the owners licensee, the
7final adjustment year shall be extended by one year and the
8annual adjustment cap shall increase by 0.2% of adjusted gross
9receipts during each calendar year until and including the
10final adjustment year. No further modifications to the final
11adjustment year or annual adjustment cap shall be made after
12$75,000,000 is incurred in construction or other costs related
13to expansion so that the final adjustment year shall not extend
14beyond the 9th calendar year after the initial adjustment year,
15not including the initial adjustment year, and the annual
16adjustment cap shall not exceed 4% of adjusted gross receipts
17in a particular calendar year. Construction and other costs
18related to expansion shall include all project related costs,
19including, but not limited to, all hard and soft costs,
20financing costs, on or off-site ground, road or utility work,
21cost of gaming equipment and all other personal property,
22initial fees assessed for each incremental gaming position, and
23the cost of incremental land acquired for such expansion. Soft
24costs shall include, but not be limited to, legal fees,
25architect, engineering and design costs, other consultant
26costs, insurance cost, permitting costs, and pre-opening costs

 

 

10100SB0516ham005- 43 -LRB101 04277 SMS 72370 a

1related to the expansion, including, but not limited to, any of
2the following: marketing, real estate taxes, personnel,
3training, travel and out-of-pocket expenses, supply,
4inventory, and other costs, and any other project related soft
5costs.
6    To be eligible for the tax credits in subsection (a-6), all
7construction contracts shall include a requirement that the
8contractor enter into a project labor agreement with the
9building and construction trades council with geographic
10jurisdiction of the location of the proposed gaming facility.
11    Notwithstanding any other provision of this subsection
12(a-7), this subsection (a-7) does not apply to an owners
13licensee unless such owners licensee spends at least
14$15,000,000 on construction and other costs related to its
15expansion, excluding the initial fees assessed for each
16incremental gaming position.
17    This subsection (a-7) does not apply to owners licensees
18authorized pursuant to subsection (e-5) of Section 7 of this
19Act.
20    For purposes of this subsection (a-7):
21    "Building and construction trades council" means any
22organization representing multiple construction entities that
23are monitoring or attentive to compliance with public or
24workers' safety laws, wage and hour requirements, or other
25statutory requirements or that are making or maintaining
26collective bargaining agreements.

 

 

10100SB0516ham005- 44 -LRB101 04277 SMS 72370 a

1    "Initial adjustment year" means the year commencing on
2January 1 of the calendar year immediately following the
3earlier of the following:
4        (1) the commencement of gambling operations, either in
5    a temporary or permanent facility, with respect to the
6    owners license authorized under paragraph (1) of
7    subsection (e-5) of Section 7 of this Act; or
8        (2) June 28, 2021 (24 months after the effective date
9    of Public Act 101-31); this amendatory Act of the 101st
10    General Assembly,
11provided the initial adjustment year shall not commence earlier
12than June 28, 2020 (12 months after the effective date of
13Public Act 101-31) this amendatory Act of the 101st General
14Assembly.
15    "Final adjustment year" means the 2nd calendar year after
16the initial adjustment year, not including the initial
17adjustment year, and as may be extended further as described in
18this subsection (a-7).
19    "Annual adjustment cap" means 3% of adjusted gross receipts
20in a particular calendar year, and as may be increased further
21as otherwise described in this subsection (a-7).
22    (a-8) Riverboat gambling operations conducted by a
23licensed manager on behalf of the State are not subject to the
24tax imposed under this Section.
25    (a-9) Beginning on January 1, 2020, the calculation of
26gross receipts or adjusted gross receipts, for the purposes of

 

 

10100SB0516ham005- 45 -LRB101 04277 SMS 72370 a

1this Section, for a riverboat, a casino, or an organization
2gaming facility shall not include the dollar amount of
3non-cashable vouchers, coupons, and electronic promotions
4redeemed by wagerers upon the riverboat, in the casino, or in
5the organization gaming facility up to and including an amount
6not to exceed 20% of a riverboat's, a casino's, or an
7organization gaming facility's adjusted gross receipts.
8    The Illinois Gaming Board shall submit to the General
9Assembly a comprehensive report no later than March 31, 2023
10detailing, at a minimum, the effect of removing non-cashable
11vouchers, coupons, and electronic promotions from this
12calculation on net gaming revenues to the State in calendar
13years 2020 through 2022, the increase or reduction in wagerers
14as a result of removing non-cashable vouchers, coupons, and
15electronic promotions from this calculation, the effect of the
16tax rates in subsection (a-5) on net gaming revenues to this
17State, and proposed modifications to the calculation.
18    (a-10) The taxes imposed by this Section shall be paid by
19the licensed owner or the organization gaming licensee to the
20Board not later than 5:00 o'clock p.m. of the day after the day
21when the wagers were made.
22    (a-15) If the privilege tax imposed under subsection (a-3)
23is no longer imposed pursuant to item (i) of the last paragraph
24of subsection (a-3), then by June 15 of each year, each owners
25licensee, other than an owners licensee that admitted 1,000,000
26persons or fewer in calendar year 2004, must, in addition to

 

 

10100SB0516ham005- 46 -LRB101 04277 SMS 72370 a

1the payment of all amounts otherwise due under this Section,
2pay to the Board a reconciliation payment in the amount, if
3any, by which the licensed owner's base amount exceeds the
4amount of net privilege tax paid by the licensed owner to the
5Board in the then current State fiscal year. A licensed owner's
6net privilege tax obligation due for the balance of the State
7fiscal year shall be reduced up to the total of the amount paid
8by the licensed owner in its June 15 reconciliation payment.
9The obligation imposed by this subsection (a-15) is binding on
10any person, firm, corporation, or other entity that acquires an
11ownership interest in any such owners license. The obligation
12imposed under this subsection (a-15) terminates on the earliest
13of: (i) July 1, 2007, (ii) the first day after the effective
14date of this amendatory Act of the 94th General Assembly that
15riverboat gambling operations are conducted pursuant to a
16dormant license, (iii) the first day that riverboat gambling
17operations are conducted under the authority of an owners
18license that is in addition to the 10 owners licenses initially
19authorized under this Act, or (iv) the first day that a
20licensee under the Illinois Horse Racing Act of 1975 conducts
21gaming operations with slot machines or other electronic gaming
22devices. The Board must reduce the obligation imposed under
23this subsection (a-15) by an amount the Board deems reasonable
24for any of the following reasons: (A) an act or acts of God,
25(B) an act of bioterrorism or terrorism or a bioterrorism or
26terrorism threat that was investigated by a law enforcement

 

 

10100SB0516ham005- 47 -LRB101 04277 SMS 72370 a

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

 

 

10100SB0516ham005- 48 -LRB101 04277 SMS 72370 a

1(b) of this Section.
2    The changes made to this subsection (a-15) by Public Act
394-839 are intended to restate and clarify the intent of Public
4Act 94-673 with respect to the amount of the payments required
5to be made under this subsection by an owners licensee to the
6Board.
7    (b) From the tax revenue from riverboat or casino gambling
8deposited in the State Gaming Fund under this Section, an
9amount equal to 5% of adjusted gross receipts generated by a
10riverboat or a casino, other than a riverboat or casino
11designated in paragraph (1), (3), or (4) of subsection (e-5) of
12Section 7, shall be paid monthly, subject to appropriation by
13the General Assembly, to the unit of local government in which
14the casino is located or that is designated as the home dock of
15the riverboat. Notwithstanding anything to the contrary,
16beginning on the first day that an owners licensee under
17paragraph (1), (2), (3), (4), (5), or (6) of subsection (e-5)
18of Section 7 conducts gambling operations, either in a
19temporary facility or a permanent facility, and for 2 years
20thereafter, a unit of local government designated as the home
21dock of a riverboat whose license was issued before January 1,
222019, other than a riverboat conducting gambling operations in
23the City of East St. Louis, shall not receive less under this
24subsection (b) than the amount the unit of local government
25received under this subsection (b) in calendar year 2018.
26Notwithstanding anything to the contrary and because the City

 

 

10100SB0516ham005- 49 -LRB101 04277 SMS 72370 a

1of East St. Louis is a financially distressed city, beginning
2on the first day that an owners licensee under paragraph (1),
3(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
4conducts gambling operations, either in a temporary facility or
5a permanent facility, and for 10 years thereafter, a unit of
6local government designated as the home dock of a riverboat
7conducting gambling operations in the City of East St. Louis
8shall not receive less under this subsection (b) than the
9amount the unit of local government received under this
10subsection (b) in calendar year 2018.
11    From the tax revenue deposited in the State Gaming Fund
12pursuant to riverboat or casino gambling operations conducted
13by a licensed manager on behalf of the State, an amount equal
14to 5% of adjusted gross receipts generated pursuant to those
15riverboat or casino gambling operations shall be paid monthly,
16subject to appropriation by the General Assembly, to the unit
17of local government that is designated as the home dock of the
18riverboat upon which those riverboat gambling operations are
19conducted or in which the casino is located.
20    From the tax revenue from riverboat or casino gambling
21deposited in the State Gaming Fund under this Section, an
22amount equal to 5% of the adjusted gross receipts generated by
23a riverboat designated in paragraph (3) of subsection (e-5) of
24Section 7 shall be divided and remitted monthly, subject to
25appropriation, as follows: 70% to Waukegan, 10% to Park City,
2615% to North Chicago, and 5% to Lake County.

 

 

10100SB0516ham005- 50 -LRB101 04277 SMS 72370 a

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

 

 

10100SB0516ham005- 51 -LRB101 04277 SMS 72370 a

1of Orland Hills, Village of Orland Park, City of Palos Heights,
2Village of Park Forest, Village of Phoenix, Village of Posen,
3Village of Richton Park, Village of Riverdale, Village of
4Robbins, Village of Sauk Village, Village of South Chicago
5Heights, Village of South Holland, Village of Steger, Village
6of Thornton, Village of Tinley Park, Village of University Park
7and Village of Worth; or (B) if no regional capital development
8plan exists, equally among the communities listed in item (A)
9to be used for capital expenditures or public pension payments,
10or both.
11    Units of local government may refund any portion of the
12payment that they receive pursuant to this subsection (b) to
13the riverboat or casino.
14    (b-4) Beginning on the first day the licensee under
15paragraph (5) of subsection (e-5) of Section 7 conducts
16gambling operations, either in a temporary facility or a
17permanent facility, and ending on July 31, 2042, from the tax
18revenue deposited in the State Gaming Fund under this Section,
19$5,000,000 shall be paid annually, subject to appropriation, to
20the host municipality of that owners licensee of a license
21issued or re-issued pursuant to Section 7.1 of this Act before
22January 1, 2012. Payments received by the host municipality
23pursuant to this subsection (b-4) may not be shared with any
24other unit of local government.
25    (b-5) Beginning on June 28, 2019 (the effective date of
26Public Act 101-31) this amendatory Act of the 101st General

 

 

10100SB0516ham005- 52 -LRB101 04277 SMS 72370 a

1Assembly, from the tax revenue deposited in the State Gaming
2Fund under this Section, an amount equal to 3% of adjusted
3gross receipts generated by each organization gaming facility
4located outside Madison County shall be paid monthly, subject
5to appropriation by the General Assembly, to a municipality
6other than the Village of Stickney in which each organization
7gaming facility is located or, if the organization gaming
8facility is not located within a municipality, to the county in
9which the organization gaming facility is located, except as
10otherwise provided in this Section. From the tax revenue
11deposited in the State Gaming Fund under this Section, an
12amount equal to 3% of adjusted gross receipts generated by an
13organization gaming facility located in the Village of Stickney
14shall be paid monthly, subject to appropriation by the General
15Assembly, as follows: 25% to the Village of Stickney, 5% to the
16City of Berwyn, 50% to the Town of Cicero, and 20% to the
17Stickney Public Health District.
18    From the tax revenue deposited in the State Gaming Fund
19under this Section, an amount equal to 5% of adjusted gross
20receipts generated by an organization gaming facility located
21in the City of Collinsville shall be paid monthly, subject to
22appropriation by the General Assembly, as follows: 30% to the
23City of Alton, 30% to the City of East St. Louis, and 40% to the
24City of Collinsville.
25    Municipalities and counties may refund any portion of the
26payment that they receive pursuant to this subsection (b-5) to

 

 

10100SB0516ham005- 53 -LRB101 04277 SMS 72370 a

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

 

 

10100SB0516ham005- 54 -LRB101 04277 SMS 72370 a

1Dixmoor, Village of Dolton, Village of East Hazel Crest,
2Village of Flossmoor, Village of Ford Heights, Village of
3Glenwood, City of Harvey, Village of Hazel Crest, Village of
4Homewood, Village of Lansing, Village of Lynwood, City of
5Markham, Village of Matteson, Village of Midlothian, Village of
6Monee, City of Oak Forest, Village of Olympia Fields, Village
7of Orland Hills, Village of Orland Park, City of Palos Heights,
8Village of Park Forest, Village of Phoenix, Village of Posen,
9Village of Richton Park, Village of Riverdale, Village of
10Robbins, Village of Sauk Village, Village of South Chicago
11Heights, Village of South Holland, Village of Steger, Village
12of Thornton, Village of Tinley Park, Village of University
13Park, and Village of Worth; or (B) if no regional capital
14development plan exists, equally among the communities listed
15in item (A) to be used for capital expenditures or public
16pension payments, or both.
17    (b-8) In lieu of the payments under subsection (b) of this
18Section, from the tax revenue deposited in the State Gaming
19Fund pursuant to riverboat or casino gambling operations
20conducted by an owners licensee under paragraph (1) of
21subsection (e-5) of Section 7, an amount equal to the tax
22revenue generated the tax revenue from the privilege tax
23imposed by paragraph (2) of subsection (a-5) that is to be paid
24to the City of Chicago (a-5.5) shall be paid monthly, subject
25to appropriation by the General Assembly, as follows: (1) an
26amount equal to 0.5% of the annual adjusted gross receipts

 

 

10100SB0516ham005- 55 -LRB101 04277 SMS 72370 a

1generated by the owners licensee under paragraph (1) of
2subsection (e-5) of Section 7 to the home rule county in which
3the owners licensee is located for the purpose of enhancing the
4county's criminal justice system; and (2) the balance to the
5City of Chicago and shall be expended or obligated by the City
6of Chicago for pension payments in accordance with Public Act
799-506.
8    (c) Appropriations, as approved by the General Assembly,
9may be made from the State Gaming Fund to the Board (i) for the
10administration and enforcement of this Act and the Video Gaming
11Act, (ii) for distribution to the Department of State Police
12and to the Department of Revenue for the enforcement of this
13Act, and the Video Gaming Act, and (iii) to the Department of
14Human Services for the administration of programs to treat
15problem gambling, including problem gambling from sports
16wagering. The Board's annual appropriations request must
17separately state its funding needs for the regulation of gaming
18authorized under Section 7.7, riverboat gaming, casino gaming,
19video gaming, and sports wagering.
20    (c-2) An amount equal to 2% of the adjusted gross receipts
21generated by an organization gaming facility located within a
22home rule county with a population of over 3,000,000
23inhabitants shall be paid, subject to appropriation from the
24General Assembly, from the State Gaming Fund to the home rule
25county in which the organization gaming licensee is located for
26the purpose of enhancing the county's criminal justice system.

 

 

10100SB0516ham005- 56 -LRB101 04277 SMS 72370 a

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

 

 

10100SB0516ham005- 57 -LRB101 04277 SMS 72370 a

1purpose of enhancing the county's criminal justice system.
2    (c-20) Each year the General Assembly shall appropriate
3from the General Revenue Fund to the Education Assistance Fund
4an amount equal to the amount paid to each home rule county
5with a population of over 3,000,000 inhabitants pursuant to
6subsection (c-15) in the prior calendar year.
7    (c-21) After the payments required under subsections (b),
8(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
9been made, an amount equal to 0.5% 2% of the adjusted gross
10receipts generated by the owners licensee under paragraph (1)
11of subsection (e-5) of Section 7 shall be paid monthly, subject
12to appropriation from the General Assembly, from the State
13Gaming Fund to the home rule county in which the owners
14licensee is located for the purpose of enhancing the county's
15criminal justice system.
16    (c-22) After the payments required under subsections (b),
17(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
18(c-21) have been made, an amount equal to 2% of the adjusted
19gross receipts generated by the owners licensee under paragraph
20(5) of subsection (e-5) of Section 7 shall be paid, subject to
21appropriation from the General Assembly, from the State Gaming
22Fund to the home rule county in which the owners licensee is
23located for the purpose of enhancing the county's criminal
24justice system.
25    (c-25) From July 1, 2013 and each July 1 thereafter through
26July 1, 2019, $1,600,000 shall be transferred from the State

 

 

10100SB0516ham005- 58 -LRB101 04277 SMS 72370 a

1Gaming Fund to the Chicago State University Education
2Improvement Fund.
3    On July 1, 2020 and each July 1 thereafter, $3,000,000
4shall be transferred from the State Gaming Fund to the Chicago
5State University Education Improvement Fund.
6    (c-30) On July 1, 2013 or as soon as possible thereafter,
7$92,000,000 shall be transferred from the State Gaming Fund to
8the School Infrastructure Fund and $23,000,000 shall be
9transferred from the State Gaming Fund to the Horse Racing
10Equity Fund.
11    (c-35) Beginning on July 1, 2013, in addition to any amount
12transferred under subsection (c-30) of this Section,
13$5,530,000 shall be transferred monthly from the State Gaming
14Fund to the School Infrastructure Fund.
15    (d) From time to time, the Board shall transfer the
16remainder of the funds generated by this Act into the Education
17Assistance Fund, created by Public Act 86-0018, of the State of
18Illinois.
19    (e) Nothing in this Act shall prohibit the unit of local
20government designated as the home dock of the riverboat from
21entering into agreements with other units of local government
22in this State or in other states to share its portion of the
23tax revenue.
24    (f) To the extent practicable, the Board shall administer
25and collect the wagering taxes imposed by this Section in a
26manner consistent with the provisions of Sections 4, 5, 5a, 5b,

 

 

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15c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
2Retailers' Occupation Tax Act and Section 3-7 of the Uniform
3Penalty and Interest Act.
4(Source: P.A. 101-31, Article 25, Section 25-910, eff. 6-28-19;
5101-31, Article 35, Section 35-55, eff. 6-28-19; revised
68-23-19.)
 
7    Section 10. The State Fair Gaming Act is amended by
8changing Sections 30-5, 30-10, and 30-15 as follows:
 
9    (230 ILCS 50/30-5)
10    Sec. 30-5. Definitions. As used in this Act:
11    "Board" means the Illinois Gaming Board.
12    "Department" means the Department of Agriculture.
13    "State Fair" has the meaning given to that term in the
14State Fair Act.
15(Source: P.A. 101-31, eff. 6-28-19.)
 
16    (230 ILCS 50/30-10)
17    Sec. 30-10. Gaming Gambling at the State Fair.
18    (a) The Board shall issue a licensed establishment license
19as provided under Section 25 of the Video Gaming Act to the
20Department to operate video gaming a concessioner who will
21operate at the Illinois State Fairgrounds and at the DuQuoin
22State Fairgrounds. The Department shall select, concessioner
23shall be chosen under the Illinois Procurement Code,

 

 

10100SB0516ham005- 60 -LRB101 04277 SMS 72370 a

1Board-licensed terminal operators for an operational period
2not to exceed 3 years. At the conclusion of each 3-year cycle,
3the Illinois Procurement Code shall be used to determine the
4new terminal operators concessioner.
5    (b) Moneys bid by the terminal operators concessioner shall
6be deposited into the State Fairgrounds Capital Improvements
7and Harness Racing Fund.
8(Source: P.A. 101-31, eff. 6-28-19.)
 
9    (230 ILCS 50/30-15)
10    Sec. 30-15. Video gaming at the State Fair.
11    (a) The Department concessioner issued a licensed
12establishment license under Section 30-10 may operate: (1) up
13to 50 video gaming terminals as provided in the Video Gaming
14Act during the scheduled dates of the Illinois State Fair; and
15(2) up to 30 video gaming terminals as provided in the Video
16Gaming Act during the scheduled dates of the DuQuoin State
17Fair.
18    (b) No more than 10 video gaming terminals may be placed in
19any temporary pavilion where alcoholic beverages are served at
20either State Fair.
21(Source: P.A. 101-31, eff. 6-28-19.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".