Bill Amendment: IL SB0584 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GAMING-TECH
Status: 2023-12-08 - Public Act . . . . . . . . . 103-0574 [SB0584 Detail]
Download: Illinois-2023-SB0584-Senate_Amendment_001.html
Bill Title: GAMING-TECH
Status: 2023-12-08 - Public Act . . . . . . . . . 103-0574 [SB0584 Detail]
Download: Illinois-2023-SB0584-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 584 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 584 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Lottery Law is amended by | ||||||
5 | changing Section 21.4 as follows:
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6 | (20 ILCS 1605/21.4) | ||||||
7 | Sec. 21.4. Joint Special Instant Scratch-off game. | ||||||
8 | (a) The Department shall offer a joint special instant | ||||||
9 | scratch-off game for the benefit of the special causes | ||||||
10 | identified in Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, | ||||||
11 | 21.11, 21.13, 21.15, and 21.16. The operation of the game | ||||||
12 | shall be governed by this Section and any rules adopted by the | ||||||
13 | Department. The game shall commence on January 1, 2024 or as | ||||||
14 | soon thereafter, at the discretion of the Director, as is | ||||||
15 | reasonably practical and shall be discontinued on January 1, | ||||||
16 | 2027. If any provision of this Section is inconsistent with |
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1 | any other provision in the Act, then this Section governs. | ||||||
2 | (b) Once the joint special instant scratch-off game is | ||||||
3 | used to fund a special cause, the game will be used to fund the | ||||||
4 | special cause for the remainder of the special causes' | ||||||
5 | existence per the causes' respective Section of this Act. | ||||||
6 | (c) New specialty tickets and causes authorized by this | ||||||
7 | Act shall be funded by the joint special instant scratch-off | ||||||
8 | game. New specialty tickets and causes after February 1, 2024 | ||||||
9 | must have a sunset date. The Department shall be limited to | ||||||
10 | supporting no more than 10 causes in total at any given time. | ||||||
11 | (d) Net revenue received from the sale of the joint | ||||||
12 | special instant scratch-off game for the purposes of this | ||||||
13 | Section shall be divided equally among the special causes the | ||||||
14 | game benefits. At the direction of the Department, the State | ||||||
15 | Comptroller shall direct and the State Treasurer shall | ||||||
16 | transfer from the State Lottery Fund the net revenue to the | ||||||
17 | specific fund identified for each special cause in accordance | ||||||
18 | with the special cause's respective Section in this Act. The | ||||||
19 | Department shall transfer the net revenue into the special | ||||||
20 | fund identified for each special cause in accordance with the | ||||||
21 | special cause's respective Section of this Act. As used in | ||||||
22 | this Section, "net revenue" means the total amount for which | ||||||
23 | tickets have been sold less the sum of the amount paid out in | ||||||
24 | prizes and to retailers, and direct and estimated | ||||||
25 | administrative expenses incurred in operation of the ticket. | ||||||
26 | (Source: P.A. 103-381, eff. 7-28-23.)
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1 | Section 10. The Illinois Gambling Act is amended by | ||||||
2 | changing Sections 7.7 and 13 as follows:
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3 | (230 ILCS 10/7.7) | ||||||
4 | Sec. 7.7. Organization gaming licenses. | ||||||
5 | (a) The Illinois Gaming Board shall award one organization | ||||||
6 | gaming license to each person or entity having operating | ||||||
7 | control of a racetrack that applies under Section 56 of the | ||||||
8 | Illinois Horse Racing Act of 1975, subject to the application | ||||||
9 | and eligibility requirements of this Section. Within 60 days | ||||||
10 | after the effective date of this amendatory Act of the 101st | ||||||
11 | General Assembly, a person or entity having operating control | ||||||
12 | of a racetrack may submit an application for an organization | ||||||
13 | gaming license. The application shall be made on such forms as | ||||||
14 | provided by the Board and shall contain such information as | ||||||
15 | the Board prescribes, including, but not limited to, the | ||||||
16 | identity of any racetrack at which gaming will be conducted | ||||||
17 | pursuant to an organization gaming license, detailed | ||||||
18 | information regarding the ownership and management of the | ||||||
19 | applicant, and detailed personal information regarding the | ||||||
20 | applicant. The application shall specify the number of gaming | ||||||
21 | positions the applicant intends to use and the place where the | ||||||
22 | organization gaming facility will operate. A person who | ||||||
23 | knowingly makes a false statement on an application is guilty | ||||||
24 | of a Class A misdemeanor. |
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1 | Each applicant shall disclose the identity of every person | ||||||
2 | or entity having a direct or indirect pecuniary interest | ||||||
3 | greater than 1% in any racetrack with respect to which the | ||||||
4 | license is sought. If the disclosed entity is a corporation, | ||||||
5 | the applicant shall disclose the names and addresses of all | ||||||
6 | officers, stockholders, and directors. If the disclosed entity | ||||||
7 | is a limited liability company, the applicant shall disclose | ||||||
8 | the names and addresses of all members and managers. If the | ||||||
9 | disclosed entity is a partnership, the applicant shall | ||||||
10 | disclose the names and addresses of all partners, both general | ||||||
11 | and limited. If the disclosed entity is a trust, the applicant | ||||||
12 | shall disclose the names and addresses of all beneficiaries. | ||||||
13 | An application shall be filed and considered in accordance | ||||||
14 | with the rules of the Board. Each application for an | ||||||
15 | organization gaming license shall include a nonrefundable | ||||||
16 | application fee of $250,000. In addition, a nonrefundable fee | ||||||
17 | of $50,000 shall be paid at the time of filing to defray the | ||||||
18 | costs associated with background investigations conducted by | ||||||
19 | the Board. If the costs of the background investigation exceed | ||||||
20 | $50,000, the applicant shall pay the additional amount to the | ||||||
21 | Board within 7 days after a request by the Board. If the costs | ||||||
22 | of the investigation are less than $50,000, the applicant | ||||||
23 | shall receive a refund of the remaining amount. All | ||||||
24 | information, records, interviews, reports, statements, | ||||||
25 | memoranda, or other data supplied to or used by the Board in | ||||||
26 | the course of this review or investigation of an applicant for |
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1 | an organization gaming license under this Act shall be | ||||||
2 | privileged and strictly confidential and shall be used only | ||||||
3 | for the purpose of evaluating an applicant for an organization | ||||||
4 | gaming license or a renewal. Such information, records, | ||||||
5 | interviews, reports, statements, memoranda, or other data | ||||||
6 | shall not be admissible as evidence nor discoverable in any | ||||||
7 | action of any kind in any court or before any tribunal, board, | ||||||
8 | agency or person, except for any action deemed necessary by | ||||||
9 | the Board. The application fee shall be deposited into the | ||||||
10 | State Gaming Fund. | ||||||
11 | Any applicant or key person, including the applicant's | ||||||
12 | owners, officers, directors (if a corporation), managers and | ||||||
13 | members (if a limited liability company), and partners (if a | ||||||
14 | partnership), for an organization gaming license shall have | ||||||
15 | his or her fingerprints submitted to the Illinois State Police | ||||||
16 | in an electronic format that complies with the form and manner | ||||||
17 | for requesting and furnishing criminal history record | ||||||
18 | information as prescribed by the Illinois State Police. These | ||||||
19 | fingerprints shall be checked against the Illinois State | ||||||
20 | Police and Federal Bureau of Investigation criminal history | ||||||
21 | record databases now and hereafter filed, including, but not | ||||||
22 | limited to, civil, criminal, and latent fingerprint databases. | ||||||
23 | The Illinois State Police shall charge applicants a fee for | ||||||
24 | conducting the criminal history records check, which shall be | ||||||
25 | deposited into the State Police Services Fund and shall not | ||||||
26 | exceed the actual cost of the records check. The Illinois |
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1 | State Police shall furnish, pursuant to positive | ||||||
2 | identification, records of Illinois criminal history to the | ||||||
3 | Illinois State Police. | ||||||
4 | (b) The Board shall determine within 120 days after | ||||||
5 | receiving an application for an organization gaming license | ||||||
6 | whether to grant an organization gaming license to the | ||||||
7 | applicant. If the Board does not make a determination within | ||||||
8 | that time period, then the Board shall give a written | ||||||
9 | explanation to the applicant as to why it has not reached a | ||||||
10 | determination and when it reasonably expects to make a | ||||||
11 | determination. | ||||||
12 | The organization gaming licensee shall purchase up to the | ||||||
13 | amount of gaming positions authorized under this Act within | ||||||
14 | 120 days after receiving its organization gaming license. If | ||||||
15 | an organization gaming licensee is prepared to purchase the | ||||||
16 | gaming positions, but is temporarily prohibited from doing so | ||||||
17 | by order of a court of competent jurisdiction or the Board, | ||||||
18 | then the 120-day period is tolled until a resolution is | ||||||
19 | reached. | ||||||
20 | An organization gaming license shall authorize its holder | ||||||
21 | to conduct gaming under this Act at its racetracks on the same | ||||||
22 | days of the year and hours of the day that owners licenses are | ||||||
23 | allowed to operate under approval of the Board. | ||||||
24 | An organization gaming license and any renewal of an | ||||||
25 | organization gaming license shall authorize gaming pursuant to | ||||||
26 | this Section for a period of 4 years. The fee for the issuance |
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1 | or renewal of an organization gaming license shall be | ||||||
2 | $250,000. | ||||||
3 | All payments by licensees under this subsection (b) shall | ||||||
4 | be deposited into the Rebuild Illinois Projects Fund. | ||||||
5 | (c) To be eligible to conduct gaming under this Section, a | ||||||
6 | person or entity having operating control of a racetrack must | ||||||
7 | (i) obtain an organization gaming license, (ii) hold an | ||||||
8 | organization license under the Illinois Horse Racing Act of | ||||||
9 | 1975, (iii) hold an inter-track wagering license, (iv) pay an | ||||||
10 | initial fee of $30,000 per gaming position from organization | ||||||
11 | gaming licensees where gaming is conducted in Cook County and, | ||||||
12 | except as provided in subsection (c-5), $17,500 for | ||||||
13 | organization gaming licensees where gaming is conducted | ||||||
14 | outside of Cook County before beginning to conduct gaming plus | ||||||
15 | make the reconciliation payment required under subsection (k), | ||||||
16 | (v) conduct live racing in accordance with subsections (e-1), | ||||||
17 | (e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act | ||||||
18 | of 1975, (vi) meet the requirements of subsection (a) of | ||||||
19 | Section 56 of the Illinois Horse Racing Act of 1975, (vii) for | ||||||
20 | organization licensees conducting standardbred race meetings, | ||||||
21 | keep backstretch barns and dormitories open and operational | ||||||
22 | year-round unless a lesser schedule is mutually agreed to by | ||||||
23 | the organization licensee and the horsemen association racing | ||||||
24 | at that organization licensee's race meeting, (viii) for | ||||||
25 | organization licensees conducting thoroughbred race meetings, | ||||||
26 | the organization licensee must maintain accident medical |
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1 | expense liability insurance coverage of $1,000,000 for | ||||||
2 | jockeys, and (ix) meet all other requirements of this Act that | ||||||
3 | apply to owners licensees. | ||||||
4 | An organization gaming licensee may enter into a joint | ||||||
5 | venture with a licensed owner to own, manage, conduct, or | ||||||
6 | otherwise operate the organization gaming licensee's | ||||||
7 | organization gaming facilities, unless the organization gaming | ||||||
8 | licensee has a parent company or other affiliated company that | ||||||
9 | is, directly or indirectly, wholly owned by a parent company | ||||||
10 | that is also licensed to conduct organization gaming, casino | ||||||
11 | gaming, or their equivalent in another state. | ||||||
12 | All payments by licensees under this subsection (c) shall | ||||||
13 | be deposited into the Rebuild Illinois Projects Fund. | ||||||
14 | (c-5) A person or entity having operating control of a | ||||||
15 | racetrack located in Madison County shall only pay the initial | ||||||
16 | fees specified in subsection (c) for 540 of the gaming | ||||||
17 | positions authorized under the license. | ||||||
18 | (d) A person or entity is ineligible to receive an | ||||||
19 | organization gaming license if: | ||||||
20 | (1) the person or entity has been convicted of a | ||||||
21 | felony under the laws of this State, any other state, or | ||||||
22 | the United States, including a conviction under the | ||||||
23 | Racketeer Influenced and Corrupt Organizations Act; | ||||||
24 | (2) the person or entity has been convicted of any | ||||||
25 | violation of Article 28 of the Criminal Code of 2012, or | ||||||
26 | substantially similar laws of any other jurisdiction; |
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1 | (3) the person or entity has submitted an application | ||||||
2 | for a license under this Act that contains false | ||||||
3 | information; | ||||||
4 | (4) the person is a member of the Board; | ||||||
5 | (5) a person defined in (1), (2), (3), or (4) of this | ||||||
6 | subsection (d) is an officer, director, or managerial | ||||||
7 | employee of the entity; | ||||||
8 | (6) the person or entity employs a person defined in | ||||||
9 | (1), (2), (3), or (4) of this subsection (d) who | ||||||
10 | participates in the management or operation of gambling | ||||||
11 | operations authorized under this Act; or | ||||||
12 | (7) a license of the person or entity issued under | ||||||
13 | this Act or a license to own or operate gambling | ||||||
14 | facilities in any other jurisdiction has been revoked. | ||||||
15 | (e) The Board may approve gaming positions pursuant to an | ||||||
16 | organization gaming license statewide as provided in this | ||||||
17 | Section. The authority to operate gaming positions under this | ||||||
18 | Section shall be allocated as follows: up to 1,200 gaming | ||||||
19 | positions for any organization gaming licensee in Cook County | ||||||
20 | and up to 900 gaming positions for any organization gaming | ||||||
21 | licensee outside of Cook County. | ||||||
22 | (f) Each applicant for an organization gaming license | ||||||
23 | shall specify in its application for licensure the number of | ||||||
24 | gaming positions it will operate, up to the applicable | ||||||
25 | limitation set forth in subsection (e) of this Section. Any | ||||||
26 | unreserved gaming positions that are not specified shall be |
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1 | forfeited and retained by the Board. For the purposes of this | ||||||
2 | subsection (f), an organization gaming licensee that did not | ||||||
3 | conduct live racing in 2010 and is located within 3 miles of | ||||||
4 | the Mississippi River may reserve up to 900 positions and | ||||||
5 | shall not be penalized under this Section for not operating | ||||||
6 | those positions until it meets the requirements of subsection | ||||||
7 | (e) of this Section, but such licensee shall not request | ||||||
8 | unreserved gaming positions under this subsection (f) until | ||||||
9 | its 900 positions are all operational. | ||||||
10 | Thereafter, the Board shall publish the number of | ||||||
11 | unreserved gaming positions and shall accept requests for | ||||||
12 | additional positions from any organization gaming licensee | ||||||
13 | that initially reserved all of the positions that were | ||||||
14 | offered. The Board shall allocate expeditiously the unreserved | ||||||
15 | gaming positions to requesting organization gaming licensees | ||||||
16 | in a manner that maximizes revenue to the State. The Board may | ||||||
17 | allocate any such unused gaming positions pursuant to an open | ||||||
18 | and competitive bidding process, as provided under Section 7.5 | ||||||
19 | of this Act. This process shall continue until all unreserved | ||||||
20 | gaming positions have been purchased. All positions obtained | ||||||
21 | pursuant to this process and all positions the organization | ||||||
22 | gaming licensee specified it would operate in its application | ||||||
23 | must be in operation within 18 months after they were obtained | ||||||
24 | or the organization gaming licensee forfeits the right to | ||||||
25 | operate those positions, but is not entitled to a refund of any | ||||||
26 | fees paid. The Board may, after holding a public hearing, |
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1 | grant extensions so long as the organization gaming licensee | ||||||
2 | is working in good faith to make the positions operational. | ||||||
3 | The extension may be for a period of 6 months. If, after the | ||||||
4 | period of the extension, the organization gaming licensee has | ||||||
5 | not made the positions operational, then another public | ||||||
6 | hearing must be held by the Board before it may grant another | ||||||
7 | extension. | ||||||
8 | Unreserved gaming positions retained from and allocated to | ||||||
9 | organization gaming licensees by the Board pursuant to this | ||||||
10 | subsection (f) shall not be allocated to owners licensees | ||||||
11 | under this Act. | ||||||
12 | For the purpose of this subsection (f), the unreserved | ||||||
13 | gaming positions for each organization gaming licensee shall | ||||||
14 | be the applicable limitation set forth in subsection (e) of | ||||||
15 | this Section, less the number of reserved gaming positions by | ||||||
16 | such organization gaming licensee, and the total unreserved | ||||||
17 | gaming positions shall be the aggregate of the unreserved | ||||||
18 | gaming positions for all organization gaming licensees. | ||||||
19 | (g) An organization gaming licensee is authorized to | ||||||
20 | conduct the following at a racetrack: | ||||||
21 | (1) slot machine gambling; | ||||||
22 | (2) video game of chance gambling; | ||||||
23 | (3) gambling with electronic gambling games as defined | ||||||
24 | in this Act or defined by the Illinois Gaming Board; and | ||||||
25 | (4) table games. | ||||||
26 | (h) Subject to the approval of the Illinois Gaming Board, |
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1 | an organization gaming licensee may make modification or | ||||||
2 | additions to any existing buildings and structures to comply | ||||||
3 | with the requirements of this Act. The Illinois Gaming Board | ||||||
4 | shall make its decision after consulting with the Illinois | ||||||
5 | Racing Board. In no case, however, shall the Illinois Gaming | ||||||
6 | Board approve any modification or addition that alters the | ||||||
7 | grounds of the organization licensee such that the act of live | ||||||
8 | racing is an ancillary activity to gaming authorized under | ||||||
9 | this Section. Gaming authorized under this Section may take | ||||||
10 | place in existing structures where inter-track wagering is | ||||||
11 | conducted at the racetrack or a facility within 300 yards of | ||||||
12 | the racetrack in accordance with the provisions of this Act | ||||||
13 | and the Illinois Horse Racing Act of 1975. | ||||||
14 | (i) An organization gaming licensee may conduct gaming at | ||||||
15 | a temporary facility pending the construction of a permanent | ||||||
16 | facility or the remodeling or relocation of an existing | ||||||
17 | facility to accommodate gaming participants for up to 24 | ||||||
18 | months after the temporary facility begins to conduct gaming | ||||||
19 | authorized under this Section. Upon request by an organization | ||||||
20 | gaming licensee and upon a showing of good cause by the | ||||||
21 | organization gaming licensee, the Board shall extend the | ||||||
22 | period during which the licensee may conduct gaming authorized | ||||||
23 | under this Section at a temporary facility by up to 12 months | ||||||
24 | or another period of time deemed necessary or appropriate by | ||||||
25 | the Board . The Board shall make rules concerning the conduct | ||||||
26 | of gaming authorized under this Section from temporary |
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1 | facilities. | ||||||
2 | The gaming authorized under this Section may take place in | ||||||
3 | existing structures where inter-track wagering is conducted at | ||||||
4 | the racetrack or a facility within 300 yards of the racetrack | ||||||
5 | in accordance with the provisions of this Act and the Illinois | ||||||
6 | Horse Racing Act of 1975. | ||||||
7 | (i-5) Under no circumstances shall an organization gaming | ||||||
8 | licensee conduct gaming at any State or county fair. | ||||||
9 | (j) The Illinois Gaming Board must adopt emergency rules | ||||||
10 | in accordance with Section 5-45 of the Illinois Administrative | ||||||
11 | Procedure Act as necessary to ensure compliance with the | ||||||
12 | provisions of this amendatory Act of the 101st General | ||||||
13 | Assembly concerning the conduct of gaming by an organization | ||||||
14 | gaming licensee. The adoption of emergency rules authorized by | ||||||
15 | this subsection (j) shall be deemed to be necessary for the | ||||||
16 | public interest, safety, and welfare. | ||||||
17 | (k) Each organization gaming licensee who obtains gaming | ||||||
18 | positions must make a reconciliation payment 3 years after the | ||||||
19 | date the organization gaming licensee begins operating the | ||||||
20 | positions in an amount equal to 75% of the difference between | ||||||
21 | its adjusted gross receipts from gaming authorized under this | ||||||
22 | Section and amounts paid to its purse accounts pursuant to | ||||||
23 | item (1) of subsection (b) of Section 56 of the Illinois Horse | ||||||
24 | Racing Act of 1975 for the 12-month period for which such | ||||||
25 | difference was the largest, minus an amount equal to the | ||||||
26 | initial per position fee paid by the organization gaming |
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1 | licensee. If this calculation results in a negative amount, | ||||||
2 | then the organization gaming licensee is not entitled to any | ||||||
3 | reimbursement of fees previously paid. This reconciliation | ||||||
4 | payment may be made in installments over a period of no more | ||||||
5 | than 6 years. | ||||||
6 | All payments by licensees under this subsection (k) shall | ||||||
7 | be deposited into the Rebuild Illinois Projects Fund. | ||||||
8 | (l) As soon as practical after a request is made by the | ||||||
9 | Illinois Gaming Board, to minimize duplicate submissions by | ||||||
10 | the applicant, the Illinois Racing Board must provide | ||||||
11 | information on an applicant for an organization gaming license | ||||||
12 | to the Illinois Gaming Board. | ||||||
13 | (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19; | ||||||
14 | 101-648, eff. 6-30-20; 102-538, eff. 8-20-21.)
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15 | (230 ILCS 10/13) (from Ch. 120, par. 2413) | ||||||
16 | Sec. 13. Wagering tax; rate; distribution. | ||||||
17 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
18 | gross receipts received from gambling games authorized under | ||||||
19 | this Act at the rate of 20%. | ||||||
20 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
21 | tax is imposed on persons engaged in the business of | ||||||
22 | conducting riverboat gambling operations, based on the | ||||||
23 | adjusted gross receipts received by a licensed owner from | ||||||
24 | gambling games authorized under this Act at the following | ||||||
25 | rates: |
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1 | 15% of annual adjusted gross receipts up to and | ||||||
2 | including $25,000,000; | ||||||
3 | 20% of annual adjusted gross receipts in excess of | ||||||
4 | $25,000,000 but not exceeding $50,000,000; | ||||||
5 | 25% of annual adjusted gross receipts in excess of | ||||||
6 | $50,000,000 but not exceeding $75,000,000; | ||||||
7 | 30% of annual adjusted gross receipts in excess of | ||||||
8 | $75,000,000 but not exceeding $100,000,000; | ||||||
9 | 35% of annual adjusted gross receipts in excess of | ||||||
10 | $100,000,000. | ||||||
11 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
12 | is imposed on persons engaged in the business of conducting | ||||||
13 | riverboat gambling operations, other than licensed managers | ||||||
14 | conducting riverboat gambling operations on behalf of the | ||||||
15 | State, based on the adjusted gross receipts received by a | ||||||
16 | licensed owner from gambling games authorized under this Act | ||||||
17 | at the following rates: | ||||||
18 | 15% of annual adjusted gross receipts up to and | ||||||
19 | including $25,000,000; | ||||||
20 | 22.5% of annual adjusted gross receipts in excess of | ||||||
21 | $25,000,000 but not exceeding $50,000,000; | ||||||
22 | 27.5% of annual adjusted gross receipts in excess of | ||||||
23 | $50,000,000 but not exceeding $75,000,000; | ||||||
24 | 32.5% of annual adjusted gross receipts in excess of | ||||||
25 | $75,000,000 but not exceeding $100,000,000; | ||||||
26 | 37.5% of annual adjusted gross receipts in excess of |
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1 | $100,000,000 but not exceeding $150,000,000; | ||||||
2 | 45% of annual adjusted gross receipts in excess of | ||||||
3 | $150,000,000 but not exceeding $200,000,000; | ||||||
4 | 50% of annual adjusted gross receipts in excess of | ||||||
5 | $200,000,000. | ||||||
6 | (a-3) Beginning July 1, 2003, a privilege tax is imposed | ||||||
7 | on persons engaged in the business of conducting riverboat | ||||||
8 | gambling operations, other than licensed managers conducting | ||||||
9 | riverboat gambling operations on behalf of the State, based on | ||||||
10 | the adjusted gross receipts received by a licensed owner from | ||||||
11 | gambling games authorized under this Act at the following | ||||||
12 | rates: | ||||||
13 | 15% of annual adjusted gross receipts up to and | ||||||
14 | including $25,000,000; | ||||||
15 | 27.5% of annual adjusted gross receipts in excess of | ||||||
16 | $25,000,000 but not exceeding $37,500,000; | ||||||
17 | 32.5% of annual adjusted gross receipts in excess of | ||||||
18 | $37,500,000 but not exceeding $50,000,000; | ||||||
19 | 37.5% of annual adjusted gross receipts in excess of | ||||||
20 | $50,000,000 but not exceeding $75,000,000; | ||||||
21 | 45% of annual adjusted gross receipts in excess of | ||||||
22 | $75,000,000 but not exceeding $100,000,000; | ||||||
23 | 50% of annual adjusted gross receipts in excess of | ||||||
24 | $100,000,000 but not exceeding $250,000,000; | ||||||
25 | 70% of annual adjusted gross receipts in excess of | ||||||
26 | $250,000,000. |
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1 | An amount equal to the amount of wagering taxes collected | ||||||
2 | under this subsection (a-3) that are in addition to the amount | ||||||
3 | of wagering taxes that would have been collected if the | ||||||
4 | wagering tax rates under subsection (a-2) were in effect shall | ||||||
5 | be paid into the Common School Fund. | ||||||
6 | The privilege tax imposed under this subsection (a-3) | ||||||
7 | shall no longer be imposed beginning on the earlier of (i) July | ||||||
8 | 1, 2005; (ii) the first date after June 20, 2003 that riverboat | ||||||
9 | gambling operations are conducted pursuant to a dormant | ||||||
10 | license; or (iii) the first day that riverboat gambling | ||||||
11 | operations are conducted under the authority of an owners | ||||||
12 | license that is in addition to the 10 owners licenses | ||||||
13 | initially authorized under this Act. For the purposes of this | ||||||
14 | subsection (a-3), the term "dormant license" means an owners | ||||||
15 | license that is authorized by this Act under which no | ||||||
16 | riverboat gambling operations are being conducted on June 20, | ||||||
17 | 2003. | ||||||
18 | (a-4) Beginning on the first day on which the tax imposed | ||||||
19 | under subsection (a-3) is no longer imposed and ending upon | ||||||
20 | the imposition of the privilege tax under subsection (a-5) of | ||||||
21 | this Section, a privilege tax is imposed on persons engaged in | ||||||
22 | the business of conducting gambling operations, other than | ||||||
23 | licensed managers conducting riverboat gambling operations on | ||||||
24 | behalf of the State, based on the adjusted gross receipts | ||||||
25 | received by a licensed owner from gambling games authorized | ||||||
26 | under this Act at the following rates: |
| |||||||
| |||||||
1 | 15% of annual adjusted gross receipts up to and | ||||||
2 | including $25,000,000; | ||||||
3 | 22.5% of annual adjusted gross receipts in excess of | ||||||
4 | $25,000,000 but not exceeding $50,000,000; | ||||||
5 | 27.5% of annual adjusted gross receipts in excess of | ||||||
6 | $50,000,000 but not exceeding $75,000,000; | ||||||
7 | 32.5% of annual adjusted gross receipts in excess of | ||||||
8 | $75,000,000 but not exceeding $100,000,000; | ||||||
9 | 37.5% of annual adjusted gross receipts in excess of | ||||||
10 | $100,000,000 but not exceeding $150,000,000; | ||||||
11 | 45% of annual adjusted gross receipts in excess of | ||||||
12 | $150,000,000 but not exceeding $200,000,000; | ||||||
13 | 50% of annual adjusted gross receipts in excess of | ||||||
14 | $200,000,000. | ||||||
15 | For the imposition of the privilege tax in this subsection | ||||||
16 | (a-4), amounts paid pursuant to item (1) of subsection (b) of | ||||||
17 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
18 | be included in the determination of adjusted gross receipts. | ||||||
19 | (a-5)(1) Beginning on July 1, 2020, a privilege tax is | ||||||
20 | imposed on persons engaged in the business of conducting | ||||||
21 | gambling operations, other than the owners licensee under | ||||||
22 | paragraph (1) of subsection (e-5) of Section 7 and licensed | ||||||
23 | managers conducting riverboat gambling operations on behalf of | ||||||
24 | the State, based on the adjusted gross receipts received by | ||||||
25 | such licensee from the gambling games authorized under this | ||||||
26 | Act. The privilege tax for all gambling games other than table |
| |||||||
| |||||||
1 | games, including, but not limited to, slot machines, video | ||||||
2 | game of chance gambling, and electronic gambling games shall | ||||||
3 | be at the following rates: | ||||||
4 | 15% of annual adjusted gross receipts up to and | ||||||
5 | including $25,000,000; | ||||||
6 | 22.5% of annual adjusted gross receipts in excess of | ||||||
7 | $25,000,000 but not exceeding $50,000,000; | ||||||
8 | 27.5% of annual adjusted gross receipts in excess of | ||||||
9 | $50,000,000 but not exceeding $75,000,000; | ||||||
10 | 32.5% of annual adjusted gross receipts in excess of | ||||||
11 | $75,000,000 but not exceeding $100,000,000; | ||||||
12 | 37.5% of annual adjusted gross receipts in excess of | ||||||
13 | $100,000,000 but not exceeding $150,000,000; | ||||||
14 | 45% of annual adjusted gross receipts in excess of | ||||||
15 | $150,000,000 but not exceeding $200,000,000; | ||||||
16 | 50% of annual adjusted gross receipts in excess of | ||||||
17 | $200,000,000. | ||||||
18 | The privilege tax for table games shall be at the | ||||||
19 | following rates: | ||||||
20 | 15% of annual adjusted gross receipts up to and | ||||||
21 | including $25,000,000; | ||||||
22 | 20% of annual adjusted gross receipts in excess of | ||||||
23 | $25,000,000. | ||||||
24 | For the imposition of the privilege tax in this subsection | ||||||
25 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
26 | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
| |||||||
| |||||||
1 | be included in the determination of adjusted gross receipts. | ||||||
2 | (2) Beginning on the first day that an owners licensee | ||||||
3 | under paragraph (1) of subsection (e-5) of Section 7 conducts | ||||||
4 | gambling operations, either in a temporary facility or a | ||||||
5 | permanent facility, a privilege tax is imposed on persons | ||||||
6 | engaged in the business of conducting gambling operations | ||||||
7 | under paragraph (1) of subsection (e-5) of Section 7, other | ||||||
8 | than licensed managers conducting riverboat gambling | ||||||
9 | operations on behalf of the State, based on the adjusted gross | ||||||
10 | receipts received by such licensee from the gambling games | ||||||
11 | authorized under this Act. The privilege tax for all gambling | ||||||
12 | games other than table games, including, but not limited to, | ||||||
13 | slot machines, video game of chance gambling, and electronic | ||||||
14 | gambling games shall be at the following rates: | ||||||
15 | 12% of annual adjusted gross receipts up to and | ||||||
16 | including $25,000,000 to the State and 10.5% of annual | ||||||
17 | adjusted gross receipts up to and including $25,000,000 to | ||||||
18 | the City of Chicago; | ||||||
19 | 16% of annual adjusted gross receipts in excess of | ||||||
20 | $25,000,000 but not exceeding $50,000,000 to the State and | ||||||
21 | 14% of annual adjusted gross receipts in excess of | ||||||
22 | $25,000,000 but not exceeding $50,000,000 to the City of | ||||||
23 | Chicago; | ||||||
24 | 20.1% of annual adjusted gross receipts in excess of | ||||||
25 | $50,000,000 but not exceeding $75,000,000 to the State and | ||||||
26 | 17.4% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $50,000,000 but not exceeding $75,000,000 to the City of | ||||||
2 | Chicago; | ||||||
3 | 21.4% of annual adjusted gross receipts in excess of | ||||||
4 | $75,000,000 but not exceeding $100,000,000 to the State | ||||||
5 | and 18.6% of annual adjusted gross receipts in excess of | ||||||
6 | $75,000,000 but not exceeding $100,000,000 to the City of | ||||||
7 | Chicago; | ||||||
8 | 22.7% of annual adjusted gross receipts in excess of | ||||||
9 | $100,000,000 but not exceeding $150,000,000 to the State | ||||||
10 | and 19.8% of annual adjusted gross receipts in excess of | ||||||
11 | $100,000,000 but not exceeding $150,000,000 to the City of | ||||||
12 | Chicago; | ||||||
13 | 24.1% of annual adjusted gross receipts in excess of | ||||||
14 | $150,000,000 but not exceeding $225,000,000 to the State | ||||||
15 | and 20.9% of annual adjusted gross receipts in excess of | ||||||
16 | $150,000,000 but not exceeding $225,000,000 to the City of | ||||||
17 | Chicago; | ||||||
18 | 26.8% of annual adjusted gross receipts in excess of | ||||||
19 | $225,000,000 but not exceeding $1,000,000,000 to the State | ||||||
20 | and 23.2% of annual adjusted gross receipts in excess of | ||||||
21 | $225,000,000 but not exceeding $1,000,000,000 to the City | ||||||
22 | of Chicago; | ||||||
23 | 40% of annual adjusted gross receipts in excess of | ||||||
24 | $1,000,000,000 to the State and 34.7% of annual gross | ||||||
25 | receipts in excess of $1,000,000,000 to the City of | ||||||
26 | Chicago. |
| |||||||
| |||||||
1 | The privilege tax for table games shall be at the | ||||||
2 | following rates: | ||||||
3 | 8.1% of annual adjusted gross receipts up to and | ||||||
4 | including $25,000,000 to the State and 6.9% of annual | ||||||
5 | adjusted gross receipts up to and including $25,000,000 to | ||||||
6 | the City of Chicago; | ||||||
7 | 10.7% of annual adjusted gross receipts in excess of | ||||||
8 | $25,000,000 but not exceeding $75,000,000 to the State and | ||||||
9 | 9.3% of annual adjusted gross receipts in excess of | ||||||
10 | $25,000,000 but not exceeding $75,000,000 to the City of | ||||||
11 | Chicago; | ||||||
12 | 11.2% of annual adjusted gross receipts in excess of | ||||||
13 | $75,000,000 but not exceeding $175,000,000 to the State | ||||||
14 | and 9.8% of annual adjusted gross receipts in excess of | ||||||
15 | $75,000,000 but not exceeding $175,000,000 to the City of | ||||||
16 | Chicago; | ||||||
17 | 13.5% of annual adjusted gross receipts in excess of | ||||||
18 | $175,000,000 but not exceeding $225,000,000 to the State | ||||||
19 | and 11.5% of annual adjusted gross receipts in excess of | ||||||
20 | $175,000,000 but not exceeding $225,000,000 to the City of | ||||||
21 | Chicago; | ||||||
22 | 15.1% of annual adjusted gross receipts in excess of | ||||||
23 | $225,000,000 but not exceeding $275,000,000 to the State | ||||||
24 | and 12.9% of annual adjusted gross receipts in excess of | ||||||
25 | $225,000,000 but not exceeding $275,000,000 to the City of | ||||||
26 | Chicago; |
| |||||||
| |||||||
1 | 16.2% of annual adjusted gross receipts in excess of | ||||||
2 | $275,000,000 but not exceeding $375,000,000 to the State | ||||||
3 | and 13.8% of annual adjusted gross receipts in excess of | ||||||
4 | $275,000,000 but not exceeding $375,000,000 to the City of | ||||||
5 | Chicago; | ||||||
6 | 18.9% of annual adjusted gross receipts in excess of | ||||||
7 | $375,000,000 to the State and 16.1% of annual gross | ||||||
8 | receipts in excess of $375,000,000 to the City of Chicago. | ||||||
9 | For the imposition of the privilege tax in this subsection | ||||||
10 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
11 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
12 | be included in the determination of adjusted gross receipts. | ||||||
13 | (3) Notwithstanding the provisions of this subsection | ||||||
14 | (a-5), for the first 10 years that the privilege tax is imposed | ||||||
15 | under this subsection (a-5) or until the year preceding the | ||||||
16 | calendar year in which paragraph (4) becomes operative, | ||||||
17 | whichever occurs first, the privilege tax shall be imposed on | ||||||
18 | the modified annual adjusted gross receipts of a riverboat or | ||||||
19 | casino conducting gambling operations in the City of East St. | ||||||
20 | Louis, unless: | ||||||
21 | (1) the riverboat or casino fails to employ at least | ||||||
22 | 450 people, except no minimum employment shall be required | ||||||
23 | during 2020 and 2021 or during periods that the riverboat | ||||||
24 | or casino is closed on orders of State officials for | ||||||
25 | public health emergencies or other emergencies not caused | ||||||
26 | by the riverboat or casino; |
| |||||||
| |||||||
1 | (2) the riverboat or casino fails to maintain | ||||||
2 | operations in a manner consistent with this Act or is not a | ||||||
3 | viable riverboat or casino subject to the approval of the | ||||||
4 | Board; or | ||||||
5 | (3) the owners licensee is not an entity in which | ||||||
6 | employees participate in an employee stock ownership plan | ||||||
7 | or in which the owners licensee sponsors a 401(k) | ||||||
8 | retirement plan and makes a matching employer contribution | ||||||
9 | equal to at least one-quarter of the first 12% or one-half | ||||||
10 | of the first 6% of each participating employee's | ||||||
11 | contribution, not to exceed any limitations under federal | ||||||
12 | laws and regulations. | ||||||
13 | (4) Notwithstanding the provisions of this subsection | ||||||
14 | (a-5), for 10 calendar years beginning in the year that | ||||||
15 | gambling operations commence either in a temporary or | ||||||
16 | permanent facility at an organization gaming facility located | ||||||
17 | in the City of Collinsville if the facility commences | ||||||
18 | operations within 3 years of the effective date of the changes | ||||||
19 | made to this Section by this amendatory Act of the 103rd | ||||||
20 | General Assembly, the privilege tax imposed under this | ||||||
21 | subsection (a-5) on a riverboat or casino conducting gambling | ||||||
22 | operations in the City of East St. Louis shall be reduced, if | ||||||
23 | applicable, by an amount equal to the difference in adjusted | ||||||
24 | gross receipts for the 2022 calendar year less the current | ||||||
25 | year's adjusted gross receipts, unless: | ||||||
26 | (A) the riverboat or casino fails to employ at least |
| |||||||
| |||||||
1 | 350 people, except that no minimum employment shall be | ||||||
2 | required during periods that the riverboat or casino is | ||||||
3 | closed on orders of State officials for public health | ||||||
4 | emergencies or other emergencies not caused by the | ||||||
5 | riverboat or casino; | ||||||
6 | (B) the riverboat or casino fails to maintain | ||||||
7 | operations in a manner consistent with this Act or is not a | ||||||
8 | viable riverboat or casino subject to the approval of the | ||||||
9 | Board; or | ||||||
10 | (C) the riverboat or casino fails to submit audited | ||||||
11 | financial statements to the Board prepared by an | ||||||
12 | accounting firm that has been preapproved by the Board and | ||||||
13 | such statements were prepared in accordance with the | ||||||
14 | provisions of the Financial Accounting Standards Board | ||||||
15 | Accounting Standards Codification under nongovernmental | ||||||
16 | accounting principles generally accepted in the United | ||||||
17 | States. | ||||||
18 | As used in this subsection (a-5), "modified annual | ||||||
19 | adjusted gross receipts" means: | ||||||
20 | (A) for calendar year 2020, the annual adjusted gross | ||||||
21 | receipts for the current year minus the difference between | ||||||
22 | an amount equal to the average annual adjusted gross | ||||||
23 | receipts from a riverboat or casino conducting gambling | ||||||
24 | operations in the City of East St. Louis for 2014, 2015, | ||||||
25 | 2016, 2017, and 2018 and the annual adjusted gross | ||||||
26 | receipts for 2018; |
| |||||||
| |||||||
1 | (B) for calendar year 2021, the annual adjusted gross | ||||||
2 | receipts for the current year minus the difference between | ||||||
3 | an amount equal to the average annual adjusted gross | ||||||
4 | receipts from a riverboat or casino conducting gambling | ||||||
5 | operations in the City of East St. Louis for 2014, 2015, | ||||||
6 | 2016, 2017, and 2018 and the annual adjusted gross | ||||||
7 | receipts for 2019; and | ||||||
8 | (C) for calendar years 2022 through 2029, the annual | ||||||
9 | adjusted gross receipts for the current year minus the | ||||||
10 | difference between an amount equal to the average annual | ||||||
11 | adjusted gross receipts from a riverboat or casino | ||||||
12 | conducting gambling operations in the City of East St. | ||||||
13 | Louis for 3 years preceding the current year and the | ||||||
14 | annual adjusted gross receipts for the immediately | ||||||
15 | preceding year. | ||||||
16 | (a-6) From June 28, 2019 (the effective date of Public Act | ||||||
17 | 101-31) until June 30, 2023, an owners licensee that conducted | ||||||
18 | gambling operations prior to January 1, 2011 shall receive a | ||||||
19 | dollar-for-dollar credit against the tax imposed under this | ||||||
20 | Section for any renovation or construction costs paid by the | ||||||
21 | owners licensee, but in no event shall the credit exceed | ||||||
22 | $2,000,000. | ||||||
23 | Additionally, from June 28, 2019 (the effective date of | ||||||
24 | Public Act 101-31) until December 31, 2024, an owners licensee | ||||||
25 | that (i) is located within 15 miles of the Missouri border, and | ||||||
26 | (ii) has at least 3 riverboats, casinos, or their equivalent |
| |||||||
| |||||||
1 | within a 45-mile radius, may be authorized to relocate to a new | ||||||
2 | location with the approval of both the unit of local | ||||||
3 | government designated as the home dock and the Board, so long | ||||||
4 | as the new location is within the same unit of local government | ||||||
5 | and no more than 3 miles away from its original location. Such | ||||||
6 | owners licensee shall receive a credit against the tax imposed | ||||||
7 | under this Section equal to 8% of the total project costs, as | ||||||
8 | approved by the Board, for any renovation or construction | ||||||
9 | costs paid by the owners licensee for the construction of the | ||||||
10 | new facility, provided that the new facility is operational by | ||||||
11 | July 1, 2024. In determining whether or not to approve a | ||||||
12 | relocation, the Board must consider the extent to which the | ||||||
13 | relocation will diminish the gaming revenues received by other | ||||||
14 | Illinois gaming facilities. | ||||||
15 | (a-7) Beginning in the initial adjustment year and through | ||||||
16 | the final adjustment year, if the total obligation imposed | ||||||
17 | pursuant to either subsection (a-5) or (a-6) will result in an | ||||||
18 | owners licensee receiving less after-tax adjusted gross | ||||||
19 | receipts than it received in calendar year 2018, then the | ||||||
20 | total amount of privilege taxes that the owners licensee is | ||||||
21 | required to pay for that calendar year shall be reduced to the | ||||||
22 | extent necessary so that the after-tax adjusted gross receipts | ||||||
23 | in that calendar year equals the after-tax adjusted gross | ||||||
24 | receipts in calendar year 2018, but the privilege tax | ||||||
25 | reduction shall not exceed the annual adjustment cap. If | ||||||
26 | pursuant to this subsection (a-7), the total obligation |
| |||||||
| |||||||
1 | imposed pursuant to either subsection (a-5) or (a-6) shall be | ||||||
2 | reduced, then the owners licensee shall not receive a refund | ||||||
3 | from the State at the end of the subject calendar year but | ||||||
4 | instead shall be able to apply that amount as a credit against | ||||||
5 | any payments it owes to the State in the following calendar | ||||||
6 | year to satisfy its total obligation under either subsection | ||||||
7 | (a-5) or (a-6). The credit for the final adjustment year shall | ||||||
8 | occur in the calendar year following the final adjustment | ||||||
9 | year. | ||||||
10 | If an owners licensee that conducted gambling operations | ||||||
11 | prior to January 1, 2019 expands its riverboat or casino, | ||||||
12 | including, but not limited to, with respect to its gaming | ||||||
13 | floor, additional non-gaming amenities such as restaurants, | ||||||
14 | bars, and hotels and other additional facilities, and incurs | ||||||
15 | construction and other costs related to such expansion from | ||||||
16 | June 28, 2019 (the effective date of Public Act 101-31) until | ||||||
17 | June 28, 2024 (the 5th anniversary of the effective date of | ||||||
18 | Public Act 101-31), then for each $15,000,000 spent for any | ||||||
19 | such construction or other costs related to expansion paid by | ||||||
20 | the owners licensee, the final adjustment year shall be | ||||||
21 | extended by one year and the annual adjustment cap shall | ||||||
22 | increase by 0.2% of adjusted gross receipts during each | ||||||
23 | calendar year until and including the final adjustment year. | ||||||
24 | No further modifications to the final adjustment year or | ||||||
25 | annual adjustment cap shall be made after $75,000,000 is | ||||||
26 | incurred in construction or other costs related to expansion |
| |||||||
| |||||||
1 | so that the final adjustment year shall not extend beyond the | ||||||
2 | 9th calendar year after the initial adjustment year, not | ||||||
3 | including the initial adjustment year, and the annual | ||||||
4 | adjustment cap shall not exceed 4% of adjusted gross receipts | ||||||
5 | in a particular calendar year. Construction and other costs | ||||||
6 | related to expansion shall include all project related costs, | ||||||
7 | including, but not limited to, all hard and soft costs, | ||||||
8 | financing costs, on or off-site ground, road or utility work, | ||||||
9 | cost of gaming equipment and all other personal property, | ||||||
10 | initial fees assessed for each incremental gaming position, | ||||||
11 | and the cost of incremental land acquired for such expansion. | ||||||
12 | Soft costs shall include, but not be limited to, legal fees, | ||||||
13 | architect, engineering and design costs, other consultant | ||||||
14 | costs, insurance cost, permitting costs, and pre-opening costs | ||||||
15 | related to the expansion, including, but not limited to, any | ||||||
16 | of the following: marketing, real estate taxes, personnel, | ||||||
17 | training, travel and out-of-pocket expenses, supply, | ||||||
18 | inventory, and other costs, and any other project related soft | ||||||
19 | costs. | ||||||
20 | To be eligible for the tax credits in subsection (a-6), | ||||||
21 | all construction contracts shall include a requirement that | ||||||
22 | the contractor enter into a project labor agreement with the | ||||||
23 | building and construction trades council with geographic | ||||||
24 | jurisdiction of the location of the proposed gaming facility. | ||||||
25 | Notwithstanding any other provision of this subsection | ||||||
26 | (a-7), this subsection (a-7) does not apply to an owners |
| |||||||
| |||||||
1 | licensee unless such owners licensee spends at least | ||||||
2 | $15,000,000 on construction and other costs related to its | ||||||
3 | expansion, excluding the initial fees assessed for each | ||||||
4 | incremental gaming position. | ||||||
5 | This subsection (a-7) does not apply to owners licensees | ||||||
6 | authorized pursuant to subsection (e-5) of Section 7 of this | ||||||
7 | Act. | ||||||
8 | For purposes of this subsection (a-7): | ||||||
9 | "Building and construction trades council" means any | ||||||
10 | organization representing multiple construction entities that | ||||||
11 | are monitoring or attentive to compliance with public or | ||||||
12 | workers' safety laws, wage and hour requirements, or other | ||||||
13 | statutory requirements or that are making or maintaining | ||||||
14 | collective bargaining agreements. | ||||||
15 | "Initial adjustment year" means the year commencing on | ||||||
16 | January 1 of the calendar year immediately following the | ||||||
17 | earlier of the following: | ||||||
18 | (1) the commencement of gambling operations, either in | ||||||
19 | a temporary or permanent facility, with respect to the | ||||||
20 | owners license authorized under paragraph (1) of | ||||||
21 | subsection (e-5) of Section 7 of this Act; or | ||||||
22 | (2) June 28, 2021 (24 months after the effective date | ||||||
23 | of Public Act 101-31); | ||||||
24 | provided the initial adjustment year shall not commence | ||||||
25 | earlier than June 28, 2020 (12 months after the effective date | ||||||
26 | of Public Act 101-31). |
| |||||||
| |||||||
1 | "Final adjustment year" means the 2nd calendar year after | ||||||
2 | the initial adjustment year, not including the initial | ||||||
3 | adjustment year, and as may be extended further as described | ||||||
4 | in this subsection (a-7). | ||||||
5 | "Annual adjustment cap" means 3% of adjusted gross | ||||||
6 | receipts in a particular calendar year, and as may be | ||||||
7 | increased further as otherwise described in this subsection | ||||||
8 | (a-7). | ||||||
9 | (a-8) Riverboat gambling operations conducted by a | ||||||
10 | licensed manager on behalf of the State are not subject to the | ||||||
11 | tax imposed under this Section. | ||||||
12 | (a-9) Beginning on January 1, 2020, the calculation of | ||||||
13 | gross receipts or adjusted gross receipts, for the purposes of | ||||||
14 | this Section, for a riverboat, a casino, or an organization | ||||||
15 | gaming facility shall not include the dollar amount of | ||||||
16 | non-cashable vouchers, coupons, and electronic promotions | ||||||
17 | redeemed by wagerers upon the riverboat, in the casino, or in | ||||||
18 | the organization gaming facility up to and including an amount | ||||||
19 | not to exceed 20% of a riverboat's, a casino's, or an | ||||||
20 | organization gaming facility's adjusted gross receipts. | ||||||
21 | The Illinois Gaming Board shall submit to the General | ||||||
22 | Assembly a comprehensive report no later than March 31, 2023 | ||||||
23 | detailing, at a minimum, the effect of removing non-cashable | ||||||
24 | vouchers, coupons, and electronic promotions from this | ||||||
25 | calculation on net gaming revenues to the State in calendar | ||||||
26 | years 2020 through 2022, the increase or reduction in wagerers |
| |||||||
| |||||||
1 | as a result of removing non-cashable vouchers, coupons, and | ||||||
2 | electronic promotions from this calculation, the effect of the | ||||||
3 | tax rates in subsection (a-5) on net gaming revenues to this | ||||||
4 | State, and proposed modifications to the calculation. | ||||||
5 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
6 | the licensed owner or the organization gaming licensee to the | ||||||
7 | Board not later than 5:00 o'clock p.m. of the day after the day | ||||||
8 | when the wagers were made. | ||||||
9 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
10 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
11 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
12 | licensee, other than an owners licensee that admitted | ||||||
13 | 1,000,000 persons or fewer in calendar year 2004, must, in | ||||||
14 | addition to the payment of all amounts otherwise due under | ||||||
15 | this Section, pay to the Board a reconciliation payment in the | ||||||
16 | amount, if any, by which the licensed owner's base amount | ||||||
17 | exceeds the amount of net privilege tax paid by the licensed | ||||||
18 | owner to the Board in the then current State fiscal year. A | ||||||
19 | licensed owner's net privilege tax obligation due for the | ||||||
20 | balance of the State fiscal year shall be reduced up to the | ||||||
21 | total of the amount paid by the licensed owner in its June 15 | ||||||
22 | reconciliation payment. The obligation imposed by this | ||||||
23 | subsection (a-15) is binding on any person, firm, corporation, | ||||||
24 | or other entity that acquires an ownership interest in any | ||||||
25 | such owners license. The obligation imposed under this | ||||||
26 | subsection (a-15) terminates on the earliest of: (i) July 1, |
| |||||||
| |||||||
1 | 2007, (ii) the first day after August 23, 2005 (the effective | ||||||
2 | date of Public Act 94-673) that riverboat gambling operations | ||||||
3 | are conducted pursuant to a dormant license, (iii) the first | ||||||
4 | day that riverboat gambling operations are conducted under the | ||||||
5 | authority of an owners license that is in addition to the 10 | ||||||
6 | owners licenses initially authorized under this Act, or (iv) | ||||||
7 | the first day that a licensee under the Illinois Horse Racing | ||||||
8 | Act of 1975 conducts gaming operations with slot machines or | ||||||
9 | other electronic gaming devices. The Board must reduce the | ||||||
10 | obligation imposed under this subsection (a-15) by an amount | ||||||
11 | the Board deems reasonable for any of the following reasons: | ||||||
12 | (A) an act or acts of God, (B) an act of bioterrorism or | ||||||
13 | terrorism or a bioterrorism or terrorism threat that was | ||||||
14 | investigated by a law enforcement agency, or (C) a condition | ||||||
15 | beyond the control of the owners licensee that does not result | ||||||
16 | from any act or omission by the owners licensee or any of its | ||||||
17 | agents and that poses a hazardous threat to the health and | ||||||
18 | safety of patrons. If an owners licensee pays an amount in | ||||||
19 | excess of its liability under this Section, the Board shall | ||||||
20 | apply the overpayment to future payments required under this | ||||||
21 | Section. | ||||||
22 | For purposes of this subsection (a-15): | ||||||
23 | "Act of God" means an incident caused by the operation of | ||||||
24 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
25 | avoided by the exercise of due care, and for which no person | ||||||
26 | can be held liable. |
| |||||||
| |||||||
1 | "Base amount" means the following: | ||||||
2 | For a riverboat in Alton, $31,000,000. | ||||||
3 | For a riverboat in East Peoria, $43,000,000. | ||||||
4 | For the Empress riverboat in Joliet, $86,000,000. | ||||||
5 | For a riverboat in Metropolis, $45,000,000. | ||||||
6 | For the Harrah's riverboat in Joliet, $114,000,000. | ||||||
7 | For a riverboat in Aurora, $86,000,000. | ||||||
8 | For a riverboat in East St. Louis, $48,500,000. | ||||||
9 | For a riverboat in Elgin, $198,000,000. | ||||||
10 | "Dormant license" has the meaning ascribed to it in | ||||||
11 | subsection (a-3). | ||||||
12 | "Net privilege tax" means all privilege taxes paid by a | ||||||
13 | licensed owner to the Board under this Section, less all | ||||||
14 | payments made from the State Gaming Fund pursuant to | ||||||
15 | subsection (b) of this Section. | ||||||
16 | The changes made to this subsection (a-15) by Public Act | ||||||
17 | 94-839 are intended to restate and clarify the intent of | ||||||
18 | Public Act 94-673 with respect to the amount of the payments | ||||||
19 | required to be made under this subsection by an owners | ||||||
20 | licensee to the Board. | ||||||
21 | (b) From the tax revenue from riverboat or casino gambling | ||||||
22 | deposited in the State Gaming Fund under this Section, an | ||||||
23 | amount equal to 5% of adjusted gross receipts generated by a | ||||||
24 | riverboat or a casino, other than a riverboat or casino | ||||||
25 | designated in paragraph (1), (3), or (4) of subsection (e-5) | ||||||
26 | of Section 7, shall be paid monthly, subject to appropriation |
| |||||||
| |||||||
1 | by the General Assembly, to the unit of local government in | ||||||
2 | which the casino is located or that is designated as the home | ||||||
3 | dock of the riverboat. Notwithstanding anything to the | ||||||
4 | contrary, beginning on the first day that an owners licensee | ||||||
5 | under paragraph (1), (2), (3), (4), (5), or (6) of subsection | ||||||
6 | (e-5) of Section 7 conducts gambling operations, either in a | ||||||
7 | temporary facility or a permanent facility, and for 2 years | ||||||
8 | thereafter, a unit of local government designated as the home | ||||||
9 | dock of a riverboat whose license was issued before January 1, | ||||||
10 | 2019, other than a riverboat conducting gambling operations in | ||||||
11 | the City of East St. Louis, shall not receive less under this | ||||||
12 | subsection (b) than the amount the unit of local government | ||||||
13 | received under this subsection (b) in calendar year 2018. | ||||||
14 | Notwithstanding anything to the contrary and because the City | ||||||
15 | of East St. Louis is a financially distressed city, beginning | ||||||
16 | on the first day that an owners licensee under paragraph (1), | ||||||
17 | (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 | ||||||
18 | conducts gambling operations, either in a temporary facility | ||||||
19 | or a permanent facility, and for 10 years thereafter, a unit of | ||||||
20 | local government designated as the home dock of a riverboat | ||||||
21 | conducting gambling operations in the City of East St. Louis | ||||||
22 | shall not receive less under this subsection (b) than the | ||||||
23 | amount the unit of local government received under this | ||||||
24 | subsection (b) in calendar year 2018. | ||||||
25 | From the tax revenue deposited in the State Gaming Fund | ||||||
26 | pursuant to riverboat or casino gambling operations conducted |
| |||||||
| |||||||
1 | by a licensed manager on behalf of the State, an amount equal | ||||||
2 | to 5% of adjusted gross receipts generated pursuant to those | ||||||
3 | riverboat or casino gambling operations shall be paid monthly, | ||||||
4 | subject to appropriation by the General Assembly, to the unit | ||||||
5 | of local government that is designated as the home dock of the | ||||||
6 | riverboat upon which those riverboat gambling operations are | ||||||
7 | conducted or in which the casino is located. | ||||||
8 | From the tax revenue from riverboat or casino gambling | ||||||
9 | deposited in the State Gaming Fund under this Section, an | ||||||
10 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
11 | a riverboat designated in paragraph (3) of subsection (e-5) of | ||||||
12 | Section 7 shall be divided and remitted monthly, subject to | ||||||
13 | appropriation, as follows: 70% to Waukegan, 10% to Park City, | ||||||
14 | 15% to North Chicago, and 5% to Lake County. | ||||||
15 | From the tax revenue from riverboat or casino gambling | ||||||
16 | deposited in the State Gaming Fund under this Section, an | ||||||
17 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
18 | a riverboat designated in paragraph (4) of subsection (e-5) of | ||||||
19 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
20 | as follows: 70% to the City of Rockford, 5% to the City of | ||||||
21 | Loves Park, 5% to the Village of Machesney, and 20% to | ||||||
22 | Winnebago County. | ||||||
23 | From the tax revenue from riverboat or casino gambling | ||||||
24 | deposited in the State Gaming Fund under this Section, an | ||||||
25 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
26 | a riverboat designated in paragraph (5) of subsection (e-5) of |
| |||||||
| |||||||
1 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
2 | as follows: 2% to the unit of local government in which the | ||||||
3 | riverboat or casino is located, and 3% shall be distributed: | ||||||
4 | (A) in accordance with a regional capital development plan | ||||||
5 | entered into by the following communities: Village of Beecher, | ||||||
6 | City of Blue Island, Village of Burnham, City of Calumet City, | ||||||
7 | Village of Calumet Park, City of Chicago Heights, City of | ||||||
8 | Country Club Hills, Village of Crestwood, Village of Crete, | ||||||
9 | Village of Dixmoor, Village of Dolton, Village of East Hazel | ||||||
10 | Crest, Village of Flossmoor, Village of Ford Heights, Village | ||||||
11 | of Glenwood, City of Harvey, Village of Hazel Crest, Village | ||||||
12 | of Homewood, Village of Lansing, Village of Lynwood, City of | ||||||
13 | Markham, Village of Matteson, Village of Midlothian, Village | ||||||
14 | of Monee, City of Oak Forest, Village of Olympia Fields, | ||||||
15 | Village of Orland Hills, Village of Orland Park, City of Palos | ||||||
16 | Heights, Village of Park Forest, Village of Phoenix, Village | ||||||
17 | of Posen, Village of Richton Park, Village of Riverdale, | ||||||
18 | Village of Robbins, Village of Sauk Village, Village of South | ||||||
19 | Chicago Heights, Village of South Holland, Village of Steger, | ||||||
20 | Village of Thornton, Village of Tinley Park, Village of | ||||||
21 | University Park, and Village of Worth; or (B) if no regional | ||||||
22 | capital development plan exists, equally among the communities | ||||||
23 | listed in item (A) to be used for capital expenditures or | ||||||
24 | public pension payments, or both. | ||||||
25 | Units of local government may refund any portion of the | ||||||
26 | payment that they receive pursuant to this subsection (b) to |
| |||||||
| |||||||
1 | the riverboat or casino. | ||||||
2 | (b-4) Beginning on the first day a the licensee under | ||||||
3 | paragraph (5) of subsection (e-5) of Section 7 conducts | ||||||
4 | gambling operations or 30 days after the effective date of | ||||||
5 | this Amendatory Act of the 103rd General Assembly, whichever | ||||||
6 | is sooner , either in a temporary facility or a permanent | ||||||
7 | facility, and ending on July 31, 2042, from the tax revenue | ||||||
8 | deposited in the State Gaming Fund under this Section, | ||||||
9 | $5,000,000 shall be paid annually, subject to appropriation, | ||||||
10 | to the host municipality of that owners licensee of a license | ||||||
11 | issued or re-issued pursuant to Section 7.1 of this Act before | ||||||
12 | January 1, 2012. Payments received by the host municipality | ||||||
13 | pursuant to this subsection (b-4) may not be shared with any | ||||||
14 | other unit of local government. | ||||||
15 | (b-5) Beginning on June 28, 2019 (the effective date of | ||||||
16 | Public Act 101-31), from the tax revenue deposited in the | ||||||
17 | State Gaming Fund under this Section, an amount equal to 3% of | ||||||
18 | adjusted gross receipts generated by each organization gaming | ||||||
19 | facility located outside Madison County shall be paid monthly, | ||||||
20 | subject to appropriation by the General Assembly, to a | ||||||
21 | municipality other than the Village of Stickney in which each | ||||||
22 | organization gaming facility is located or, if the | ||||||
23 | organization gaming facility is not located within a | ||||||
24 | municipality, to the county in which the organization gaming | ||||||
25 | facility is located, except as otherwise provided in this | ||||||
26 | Section. From the tax revenue deposited in the State Gaming |
| |||||||
| |||||||
1 | Fund under this Section, an amount equal to 3% of adjusted | ||||||
2 | gross receipts generated by an organization gaming facility | ||||||
3 | located in the Village of Stickney shall be paid monthly, | ||||||
4 | subject to appropriation by the General Assembly, as follows: | ||||||
5 | 25% to the Village of Stickney, 5% to the City of Berwyn, 50% | ||||||
6 | to the Town of Cicero, and 20% to the Stickney Public Health | ||||||
7 | District. | ||||||
8 | From the tax revenue deposited in the State Gaming Fund | ||||||
9 | under this Section, an amount equal to 5% of adjusted gross | ||||||
10 | receipts generated by an organization gaming facility located | ||||||
11 | in the City of Collinsville shall be paid monthly, subject to | ||||||
12 | appropriation by the General Assembly, as follows: 30% to the | ||||||
13 | City of Alton, 30% to the City of East St. Louis, and 40% to | ||||||
14 | the City of Collinsville. | ||||||
15 | Municipalities and counties may refund any portion of the | ||||||
16 | payment that they receive pursuant to this subsection (b-5) to | ||||||
17 | the organization gaming facility. | ||||||
18 | (b-6) Beginning on June 28, 2019 (the effective date of | ||||||
19 | Public Act 101-31), from the tax revenue deposited in the | ||||||
20 | State Gaming Fund under this Section, an amount equal to 2% of | ||||||
21 | adjusted gross receipts generated by an organization gaming | ||||||
22 | facility located outside Madison County shall be paid monthly, | ||||||
23 | subject to appropriation by the General Assembly, to the | ||||||
24 | county in which the organization gaming facility is located | ||||||
25 | for the purposes of its criminal justice system or health care | ||||||
26 | system. |
| |||||||
| |||||||
1 | Counties may refund any portion of the payment that they | ||||||
2 | receive pursuant to this subsection (b-6) to the organization | ||||||
3 | gaming facility. | ||||||
4 | (b-7) From the tax revenue from the organization gaming | ||||||
5 | licensee located in one of the following townships of Cook | ||||||
6 | County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or | ||||||
7 | Worth, an amount equal to 5% of the adjusted gross receipts | ||||||
8 | generated by that organization gaming licensee shall be | ||||||
9 | remitted monthly, subject to appropriation, as follows: 2% to | ||||||
10 | the unit of local government in which the organization gaming | ||||||
11 | licensee is located, and 3% shall be distributed: (A) in | ||||||
12 | accordance with a regional capital development plan entered | ||||||
13 | into by the following communities: Village of Beecher, City of | ||||||
14 | Blue Island, Village of Burnham, City of Calumet City, Village | ||||||
15 | of Calumet Park, City of Chicago Heights, City of Country Club | ||||||
16 | Hills, Village of Crestwood, Village of Crete, Village of | ||||||
17 | Dixmoor, Village of Dolton, Village of East Hazel Crest, | ||||||
18 | Village of Flossmoor, Village of Ford Heights, Village of | ||||||
19 | Glenwood, City of Harvey, Village of Hazel Crest, Village of | ||||||
20 | Homewood, Village of Lansing, Village of Lynwood, City of | ||||||
21 | Markham, Village of Matteson, Village of Midlothian, Village | ||||||
22 | of Monee, City of Oak Forest, Village of Olympia Fields, | ||||||
23 | Village of Orland Hills, Village of Orland Park, City of Palos | ||||||
24 | Heights, Village of Park Forest, Village of Phoenix, Village | ||||||
25 | of Posen, Village of Richton Park, Village of Riverdale, | ||||||
26 | Village of Robbins, Village of Sauk Village, Village of South |
| |||||||
| |||||||
1 | Chicago Heights, Village of South Holland, Village of Steger, | ||||||
2 | Village of Thornton, Village of Tinley Park, Village of | ||||||
3 | University Park, and Village of Worth; or (B) if no regional | ||||||
4 | capital development plan exists, equally among the communities | ||||||
5 | listed in item (A) to be used for capital expenditures or | ||||||
6 | public pension payments, or both. | ||||||
7 | (b-8) In lieu of the payments under subsection (b) of this | ||||||
8 | Section, from the tax revenue deposited in the State Gaming | ||||||
9 | Fund pursuant to riverboat or casino gambling operations | ||||||
10 | conducted by an owners licensee under paragraph (1) of | ||||||
11 | subsection (e-5) of Section 7, an amount equal to the tax | ||||||
12 | revenue generated from the privilege tax imposed by paragraph | ||||||
13 | (2) of subsection (a-5) that is to be paid to the City of | ||||||
14 | Chicago shall be paid monthly, subject to appropriation by the | ||||||
15 | General Assembly, as follows: (1) an amount equal to 0.5% of | ||||||
16 | the annual adjusted gross receipts generated by the owners | ||||||
17 | licensee under paragraph (1) of subsection (e-5) of Section 7 | ||||||
18 | to the home rule county in which the owners licensee is located | ||||||
19 | for the purpose of enhancing the county's criminal justice | ||||||
20 | system; and (2) the balance to the City of Chicago and shall be | ||||||
21 | expended or obligated by the City of Chicago for pension | ||||||
22 | payments in accordance with Public Act 99-506. | ||||||
23 | (c) Appropriations, as approved by the General Assembly, | ||||||
24 | may be made from the State Gaming Fund to the Board (i) for the | ||||||
25 | administration and enforcement of this Act and the Video | ||||||
26 | Gaming Act, (ii) for distribution to the Illinois State Police |
| |||||||
| |||||||
1 | and to the Department of Revenue for the enforcement of this | ||||||
2 | Act and the Video Gaming Act, and (iii) to the Department of | ||||||
3 | Human Services for the administration of programs to treat | ||||||
4 | problem gambling, including problem gambling from sports | ||||||
5 | wagering. The Board's annual appropriations request must | ||||||
6 | separately state its funding needs for the regulation of | ||||||
7 | gaming authorized under Section 7.7, riverboat gaming, casino | ||||||
8 | gaming, video gaming, and sports wagering. | ||||||
9 | (c-2) An amount equal to 2% of the adjusted gross receipts | ||||||
10 | generated by an organization gaming facility located within a | ||||||
11 | home rule county with a population of over 3,000,000 | ||||||
12 | inhabitants shall be paid, subject to appropriation from the | ||||||
13 | General Assembly, from the State Gaming Fund to the home rule | ||||||
14 | county in which the organization gaming licensee is located | ||||||
15 | for the purpose of enhancing the county's criminal justice | ||||||
16 | system. | ||||||
17 | (c-3) Appropriations, as approved by the General Assembly, | ||||||
18 | may be made from the tax revenue deposited into the State | ||||||
19 | Gaming Fund from organization gaming licensees pursuant to | ||||||
20 | this Section for the administration and enforcement of this | ||||||
21 | Act. | ||||||
22 | (c-4) After payments required under subsections (b), | ||||||
23 | (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from | ||||||
24 | the tax revenue from organization gaming licensees deposited | ||||||
25 | into the State Gaming Fund under this Section, all remaining | ||||||
26 | amounts from organization gaming licensees shall be |
| |||||||
| |||||||
1 | transferred into the Capital Projects Fund. | ||||||
2 | (c-5) (Blank). | ||||||
3 | (c-10) Each year the General Assembly shall appropriate | ||||||
4 | from the General Revenue Fund to the Education Assistance Fund | ||||||
5 | an amount equal to the amount paid into the Horse Racing Equity | ||||||
6 | Fund pursuant to subsection (c-5) in the prior calendar year. | ||||||
7 | (c-15) After the payments required under subsections (b), | ||||||
8 | (c), and (c-5) have been made, an amount equal to 2% of the | ||||||
9 | adjusted gross receipts of (1) an owners licensee that | ||||||
10 | relocates pursuant to Section 11.2, (2) an owners licensee | ||||||
11 | conducting riverboat gambling operations pursuant to an owners | ||||||
12 | license that is initially issued after June 25, 1999, or (3) | ||||||
13 | the first riverboat gambling operations conducted by a | ||||||
14 | licensed manager on behalf of the State under Section 7.3, | ||||||
15 | whichever comes first, shall be paid, subject to appropriation | ||||||
16 | from the General Assembly, from the State Gaming Fund to each | ||||||
17 | home rule county with a population of over 3,000,000 | ||||||
18 | inhabitants for the purpose of enhancing the county's criminal | ||||||
19 | justice system. | ||||||
20 | (c-20) Each year the General Assembly shall appropriate | ||||||
21 | from the General Revenue Fund to the Education Assistance Fund | ||||||
22 | an amount equal to the amount paid to each home rule county | ||||||
23 | with a population of over 3,000,000 inhabitants pursuant to | ||||||
24 | subsection (c-15) in the prior calendar year. | ||||||
25 | (c-21) After the payments required under subsections (b), | ||||||
26 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have |
| |||||||
| |||||||
1 | been made, an amount equal to 0.5% of the adjusted gross | ||||||
2 | receipts generated by the owners licensee under paragraph (1) | ||||||
3 | of subsection (e-5) of Section 7 shall be paid monthly, | ||||||
4 | subject to appropriation from the General Assembly, from the | ||||||
5 | State Gaming Fund to the home rule county in which the owners | ||||||
6 | licensee is located for the purpose of enhancing the county's | ||||||
7 | criminal justice system. | ||||||
8 | (c-22) After the payments required under subsections (b), | ||||||
9 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and | ||||||
10 | (c-21) have been made, an amount equal to 2% of the adjusted | ||||||
11 | gross receipts generated by the owners licensee under | ||||||
12 | paragraph (5) of subsection (e-5) of Section 7 shall be paid, | ||||||
13 | subject to appropriation from the General Assembly, from the | ||||||
14 | State Gaming Fund to the home rule county in which the owners | ||||||
15 | licensee is located for the purpose of enhancing the county's | ||||||
16 | criminal justice system. | ||||||
17 | (c-25) From July 1, 2013 and each July 1 thereafter | ||||||
18 | through July 1, 2019, $1,600,000 shall be transferred from the | ||||||
19 | State Gaming Fund to the Chicago State University Education | ||||||
20 | Improvement Fund. | ||||||
21 | On July 1, 2020 and each July 1 thereafter, $3,000,000 | ||||||
22 | shall be transferred from the State Gaming Fund to the Chicago | ||||||
23 | State University Education Improvement Fund. | ||||||
24 | (c-30) On July 1, 2013 or as soon as possible thereafter, | ||||||
25 | $92,000,000 shall be transferred from the State Gaming Fund to | ||||||
26 | the School Infrastructure Fund and $23,000,000 shall be |
| |||||||
| |||||||
1 | transferred from the State Gaming Fund to the Horse Racing | ||||||
2 | Equity Fund. | ||||||
3 | (c-35) Beginning on July 1, 2013, in addition to any | ||||||
4 | amount transferred under subsection (c-30) of this Section, | ||||||
5 | $5,530,000 shall be transferred monthly from the State Gaming | ||||||
6 | Fund to the School Infrastructure Fund. | ||||||
7 | (d) From time to time, through June 30, 2021, the Board | ||||||
8 | shall transfer the remainder of the funds generated by this | ||||||
9 | Act into the Education Assistance Fund. | ||||||
10 | (d-5) Beginning on July 1, 2021, on the last day of each | ||||||
11 | month, or as soon thereafter as possible, after all the | ||||||
12 | required expenditures, distributions, and transfers have been | ||||||
13 | made from the State Gaming Fund for the month pursuant to | ||||||
14 | subsections (b) through (c-35), at the direction of the Board, | ||||||
15 | the Comptroller shall direct and the Treasurer shall transfer | ||||||
16 | $22,500,000, along with any deficiencies in such amounts from | ||||||
17 | prior months in the same fiscal year, from the State Gaming | ||||||
18 | Fund to the Education Assistance Fund; then, at the direction | ||||||
19 | of the Board, the Comptroller shall direct and the Treasurer | ||||||
20 | shall transfer the remainder of the funds generated by this | ||||||
21 | Act, if any, from the State Gaming Fund to the Capital Projects | ||||||
22 | Fund. | ||||||
23 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
24 | government designated as the home dock of the riverboat from | ||||||
25 | entering into agreements with other units of local government | ||||||
26 | in this State or in other states to share its portion of the |
| |||||||
| |||||||
1 | tax revenue. | ||||||
2 | (f) To the extent practicable, the Board shall administer | ||||||
3 | and collect the wagering taxes imposed by this Section in a | ||||||
4 | manner consistent with the provisions of Sections 4, 5, 5a, | ||||||
5 | 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of | ||||||
6 | the Retailers' Occupation Tax Act and Section 3-7 of the | ||||||
7 | Uniform Penalty and Interest Act. | ||||||
8 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
9 | 102-689, eff. 12-17-21; 102-699, eff. 4-19-22; 103-8, eff. | ||||||
10 | 6-7-23.)
| ||||||
11 | Section 45. The Sports Wagering Act is amended by changing | ||||||
12 | Section 25-25 as follows:
| ||||||
13 | (230 ILCS 45/25-25) | ||||||
14 | Sec. 25-25. Sports wagering authorized. | ||||||
15 | (a) Notwithstanding any provision of law to the contrary, | ||||||
16 | the operation of sports wagering is only lawful when conducted | ||||||
17 | in accordance with the provisions of this Act and the rules of | ||||||
18 | the Illinois Gaming Board and the Department of the Lottery. | ||||||
19 | (b) A person placing a wager under this Act shall be at | ||||||
20 | least 21 years of age. | ||||||
21 | (c) A licensee under this Act may not accept a wager on a | ||||||
22 | minor league sports event. | ||||||
23 | (d) Except as otherwise provided in this Section, a | ||||||
24 | licensee under this Act may not accept a wager for a sports |
| |||||||
| |||||||
1 | event involving an Illinois collegiate team. | ||||||
2 | (d-5) Beginning on December 17, 2021 ( the effective date | ||||||
3 | of Public Act 102-689) this amendatory Act of the 102nd | ||||||
4 | General Assembly until July 1, 2026 2024 , a licensee under | ||||||
5 | this Act may accept a wager for a sports event involving an | ||||||
6 | Illinois collegiate team if: | ||||||
7 | (1) the wager is a tier 1 wager; | ||||||
8 | (2) the wager is not related to an individual | ||||||
9 | athlete's performance; and | ||||||
10 | (3) the wager is made in person instead of over the | ||||||
11 | Internet or through a mobile application. | ||||||
12 | (e) A licensee under this Act may only accept a wager from | ||||||
13 | a person physically located in the State. | ||||||
14 | (f) Master sports wagering licensees may use any data | ||||||
15 | source for determining the results of all tier 1 sports | ||||||
16 | wagers. | ||||||
17 | (g) A sports governing body headquartered in the United | ||||||
18 | States may notify the Board that it desires to supply official | ||||||
19 | league data to master sports wagering licensees for | ||||||
20 | determining the results of tier 2 sports wagers. Such | ||||||
21 | notification shall be made in the form and manner as the Board | ||||||
22 | may require. If a sports governing body does not notify the | ||||||
23 | Board of its desire to supply official league data, a master | ||||||
24 | sports wagering licensee may use any data source for | ||||||
25 | determining the results of any and all tier 2 sports wagers on | ||||||
26 | sports contests for that sports governing body. |
| |||||||
| |||||||
1 | Within 30 days of a sports governing body notifying the | ||||||
2 | Board, master sports wagering licensees shall use only | ||||||
3 | official league data to determine the results of tier 2 sports | ||||||
4 | wagers on sports events sanctioned by that sports governing | ||||||
5 | body, unless: (1) the sports governing body or designee cannot | ||||||
6 | provide a feed of official league data to determine the | ||||||
7 | results of a particular type of tier 2 sports wager, in which | ||||||
8 | case master sports wagering licensees may use any data source | ||||||
9 | for determining the results of the applicable tier 2 sports | ||||||
10 | wager until such time as such data feed becomes available on | ||||||
11 | commercially reasonable terms; or (2) a master sports wagering | ||||||
12 | licensee can demonstrate to the Board that the sports | ||||||
13 | governing body or its designee cannot provide a feed of | ||||||
14 | official league data to the master sports wagering licensee on | ||||||
15 | commercially reasonable terms. During the pendency of the | ||||||
16 | Board's determination, such master sports wagering licensee | ||||||
17 | may use any data source for determining the results of any and | ||||||
18 | all tier 2 sports wagers. | ||||||
19 | (h) A licensee under this Act may not accept wagers on a | ||||||
20 | kindergarten through 12th grade sports event. | ||||||
21 | (Source: P.A. 102-689, eff. 12-17-21; 103-4, eff. 5-31-23.)
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